STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
100th Legislature
REGULAR SESSION OF 2019
House Chamber, Lansing, Tuesday, September 17, 2019.
1:30 p.m.
The House was called to order by Associate
Speaker Pro Tempore Lilly.
The roll was called by
the Clerk of the House of Representatives, who announced that a quorum was
present.
Afendoulis present Filler present Kahle present Reilly present
Albert present Frederick present Kennedy present Rendon present
Alexander present Garrett excused Koleszar present Robinson present
Allor present Garza present Kuppa present Sabo present
Anthony present Gay-Dagnogo present LaFave present Schroeder present
Bellino present Glenn present LaGrand present Shannon present
Berman present Green present Lasinski present Sheppard present
Bolden present Greig present Leutheuser present Slagh present
Bollin present Griffin present Liberati present Sneller present
Brann present Guerra present Lightner present Sowerby present
Brixie present Haadsma present Lilly present Stone present
Byrd present Hall present Love present Tate present
Calley present Hammoud present Lower present VanSingel present
Cambensy present Hauck present Maddock present VanWoerkom present
Camilleri present Hernandez present Manoogian present Vaupel present
Carter, B. excused Hertel present Marino present Wakeman present
Carter, T. present Hoadley present Markkanen present Warren present
Chatfield present Hoitenga present Meerman present Webber present
Cherry present Hood present Miller present Wendzel present
Chirkun present Hope present Mueller present Wentworth present
Clemente present Hornberger present Neeley present Whiteford present
Cole present Howell present O Malley present Whitsett present
Coleman present Huizenga present Pagan present Wittenberg present
Crawford present Iden present Paquette present Witwer present
Eisen present Inman present Peterson present Wozniak present
Elder present Johnson,
C. present Pohutsky present Yancey present
Ellison present Johnson,
S. present Rabhi present Yaroch present
Farrington present Jones present
e/d/s = entered during session
Pastor Wes Morris, Pastor of The
Rock Church in Fenton, offered the following invocation:
Father, we come before You today
grateful for the way You faithfully bless, protect and provide for us.
I thank You for these leaders of
government sitting here today. For Representative Mueller allowing me this
opportunity to call upon You and ask for Your blessing over our State and those
who lead it. God please give them the wisdom to lead us in the direction of
Your righteousness.
As they continue to govern the state of
Michigan, I pray for unity among every person here regardless of political
affiliation. Protect and encourage Governor Whitmer, these in this room, and
those in local government. Give them strength, insight and a fresh fire in
their spirit.
Help the citizens of Michigan, pastors
and spiritual leaders to hold these men and women up in authentic, fervent
prayer.
I pray for Your blessing and protection
over their marriages, children, and grandchildren. I pray for any who may be
battling sickness and disease of any kind. Give them miraculous strength &
healing for their bodies. Rebuke Satan and all his malicious attacks against
these sitting here and their households.
We thank You for the free gift of
eternal salvation given to all who will come by faith to the risen Jesus and
confess Him as their Lord.
I pray for anyone here, who may be
shackled by the heavy burden of their sin. May You right now Lord, shine the
light of the gospel upon all pain, regret, and shame they may carry. Give them
courage to call upon You for eternal life and the salvation of their souls.
Today we say with the prophet Daniel:
Let the name of God be blessed forever
and ever, for wisdom and power belong to Him. It is He Who changes the times
and world events. He removes kings and establishes kings. He gives wisdom to
wise men and knowledge to men of understanding.
I pray for everyone here today, in
Jesus name, Amen.
______
The
Speaker assumed the Chair.
______
Rep.
Rabhi moved that Reps. Garrett and Brenda Carter be excused from today s
session.
The
motion prevailed.
Messages from the Senate
The Speaker laid before the House
House Bill No. 4446, entitled
A bill to amend 1976 PA 388, entitled Michigan
campaign finance act, by amending sections 4, 5, 6, 9, 12, 21, 24, 26, 34, 35,
41, 51, 54, and 55 (MCL 169.204, 169.205, 169.206, 169.209, 169.212, 169.221,
169.224, 169.226, 169.234, 169.235, 169.241, 169.251, 169.254, and 169.255),
sections 4, 9, 24, 26, 35, 51, 54, and 55 as amended by 2017 PA 119, sections 5
and 41 as amended by 1999 PA 237, section 6 as amended by 2018 PA 607, section
12 as amended by 2001 PA 250, section 21 as amended by 2015 PA 269, and section
34 as amended by 2012 PA 277.
(The bill was received from the Senate
on September 12, with substitute (S-2), full title inserted and immediate
effect given by the Senate, consideration of which, under the rules, was
postponed until today, see House Journal No. 85, p. 1055.)
The question being on concurring in the
substitute (S-2) made to the bill by the Senate,
The substitute (S-2) was concurred in,
a majority of the members serving voting therefor, by yeas and nays, as
follows:
Roll Call No. 207 Yeas 82
Afendoulis Farrington LaGrand Sabo
Albert Filler Lasinski Schroeder
Alexander Frederick Leutheuser Shannon
Allor Glenn Liberati Sheppard
Bellino Green Lightner Slagh
Berman Greig Lilly Sowerby
Bollin Griffin Lower Tate
Brann Guerra Maddock VanSingel
Brixie Hall Marino VanWoerkom
Byrd Hauck Markkanen Vaupel
Calley Hernandez Meerman Wakeman
Cambensy Hertel Miller Warren
Chatfield Hoitenga Mueller Webber
Chirkun Hornberger Neeley Wendzel
Clemente Huizenga O Malley Wentworth
Cole Iden Paquette Whiteford
Coleman Inman Peterson Whitsett
Crawford Johnson,
S. Rabhi Witwer
Eisen Kahle Reilly Wozniak
Elder Kuppa Rendon Yaroch
Ellison LaFave
Nays 26
Anthony Haadsma Jones Pohutsky
Bolden Hammoud Kennedy Robinson
Camilleri Hoadley Koleszar Sneller
Carter, T. Hood Love Stone
Cherry Hope Manoogian Wittenberg
Garza Howell Pagan Yancey
Gay-Dagnogo Johnson,
C.
In The
Chair: Chatfield
The
House agreed to the full title.
The
bill was referred to the Clerk for enrollment printing and presentation to the
Governor.
______
The
Speaker called Associate Speaker Pro Tempore Lilly to the Chair.
By
unanimous consent the House returned to the order of
Motions
and Resolutions
House Resolution No. 162.
A resolution to declare September
17-23, 2019, as Constitution Week in the state of Michigan.
Whereas, September 17, 2019,
marks the two hundred and thirty-second anniversary of the drafting of the
Constitution of the United States of America by the Constitutional Convention;
and
Whereas, The 232nd anniversary of
the signing of the Constitution provides an historic opportunity for citizens
throughout Michigan and the nation to pay tribute to our Founding Fathers and
to reflect on the rights, privileges, and responsibilities of citizenship; and
Whereas, By instilling faith in
the promise of democracy, the United States Constitution has served as a model
for democratic governments around the globe; and
Whereas, The United States
Constitution secured our commitment to freedom and democracy, a commit ment
which has guided us through more than two centuries of enormous growth and
change; and
Whereas, We encourage all
citizens to study the Constitution and reflect on the privilege of being an
American with all the rights and responsibilities which that privilege
involves; and
Whereas, The Constitution of the
United States of America, the guardian of our liberties, embodies the
principles of limited government in a Republic dedicated to rule by law; and
Whereas, Constitution Week is a
time to emphasize citizens responsibilities for protecting and defending the
Constitution; now, therefore, be it
Resolved by
the House of Representatives, That the members of this legislative body declare
September 17-23, 2019, as Constitution Week in
the state of Michigan.
The question being on the adoption of the resolution,
The resolution was adopted.
Third Reading of Bills
A bill
to amend 1986 PA 32, entitled Emergency 9-1-1 service enabling act, by
amending section 408 (MCL 484.1408), as amended by 2018 PA 51.
Was read a third time and passed, a majority of the members serving
voting therefor, by yeas and nays, as follows:
Roll Call No. 208 Yeas 108
Afendoulis Filler Kahle Reilly
Albert Frederick Kennedy Rendon
Alexander Garza Koleszar Robinson
Allor Gay-Dagnogo Kuppa Sabo
Anthony Glenn LaFave Schroeder
Bellino Green LaGrand Shannon
Berman Greig Lasinski Sheppard
Bolden Griffin Leutheuser Slagh
Bollin Guerra Liberati Sneller
Brann Haadsma Lightner Sowerby
Brixie Hall Lilly Stone
Byrd Hammoud Love Tate
Calley Hauck Lower VanSingel
Cambensy Hernandez Maddock VanWoerkom
Camilleri Hertel Manoogian Vaupel
Carter,
T. Hoadley Marino Wakeman
Chatfield Hoitenga Markkanen Warren
Cherry Hood Meerman Webber
Chirkun Hope Miller Wendzel
Clemente Hornberger Mueller Wentworth
Cole Howell Neeley Whiteford
Coleman Huizenga O Malley Whitsett
Crawford Iden Pagan Wittenberg
Eisen Inman Paquette Witwer
Elder Johnson, C. Peterson Wozniak
Ellison Johnson, S. Pohutsky Yancey
Farrington Jones Rabhi Yaroch
Nays 0
In The Chair: Lilly
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
An act to provide for the establishment of
emergency 9-1-1 districts; to provide for the installation, operation,
modification, and maintenance of universal emergency 9-1-1 service systems; to
provide for the imposition and collection of certain charges; to provide the
powers and duties of certain state agencies, local units of government, public
officers, service suppliers, and others; to create an emergency 9-1-1 service
committee; to provide remedies and penalties; and to repeal acts and parts of
acts,
The House agreed to the full title.
Rep.
Cole moved that the bill be given immediate effect.
The
motion prevailed, 2/3 of the members serving voting therefor.
A bill to amend 1972 PA
284, entitled Business corporation act, by amending section 1060 (MCL
450.2060), as
amended by 2018 PA 85.
Was
read a third time and passed, a majority of the members serving voting
therefor, by yeas and nays, as follows:
Roll
Call No. 209 Yeas 106
Afendoulis Garza Koleszar Rendon
Albert Gay-Dagnogo Kuppa Robinson
Alexander Glenn LaFave Sabo
Allor Green LaGrand Schroeder
Anthony Greig Lasinski Shannon
Bellino Griffin Leutheuser Sheppard
Bolden Guerra Liberati Slagh
Bollin Haadsma Lightner Sneller
Brann Hall Lilly Sowerby
Brixie Hammoud Love Stone
Byrd Hauck Lower Tate
Calley Hernandez Maddock VanSingel
Cambensy Hertel Manoogian VanWoerkom
Camilleri Hoadley Marino Vaupel
Carter, T. Hoitenga Markkanen Wakeman
Chatfield Hood Meerman Warren
Cherry Hope Miller Webber
Clemente Hornberger Mueller Wendzel
Cole Howell Neeley Wentworth
Coleman Huizenga O Malley Whiteford
Crawford Iden Pagan Whitsett
Eisen Inman Paquette Wittenberg
Elder Johnson,
C. Peterson Witwer
Ellison Johnson,
S. Pohutsky Wozniak
Farrington Jones Rabhi Yancey
Filler Kahle Reilly Yaroch
Frederick Kennedy
Nays 2
Berman Chirkun
In The Chair: Lilly
Pursuant
to Joint Rule 20, the full title of the act shall be inserted to read as
follows:
An act to provide for the organization and regulation of corporations;
to prescribe their duties, rights, powers, immunities and liabilities; to
provide for the authorization of foreign corporations within this state; to
prescribe the functions of the administrator of this act; to prescribe
penalties for violations of this act; and to repeal certain acts and parts of
acts,
The House agreed to the full title.
Rep. Cole moved that the bill be given
immediate effect.
The motion prevailed, 2/3 of the members
serving voting therefor.
Second Reading of Bills
House Bill No. 4370, entitled
A bill to amend 1978 PA 368, entitled Public health code, by amending
sections 16213, 16299, 20175, 20175a, and 20199 (MCL 333.16213, 333.16299,
333.20175, 333.20175a, and 333.20199), sections 16213 and 20175a as added and
section 20175 as amended by 2006 PA 481 and section 16299 as amended by 2012 PA
499, and by adding sections 16213a, 16429, 17029, 17529, 17829, 17909, and
20175b.
The bill was read a second time.
Rep. Whiteford moved that the bill be placed
on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4371, entitled
A bill to amend 1927 PA 175, entitled The code of criminal procedure,
by amending section 13n of chapter XVII (MCL 777.13n), as amended by 2018 PA
583.
The bill was read a second time.
Rep. Hauck moved that the bill be placed on
the order of Third Reading of Bills.
The motion prevailed.
______
Rep.
Cole moved that House Committees be given leave to meet during the balance of
today s session.
The
motion prevailed.
By unanimous consent the House returned to the order of
Announcement by the Clerk of Printing and Enrollment
The
Clerk announced that the following bills had been reproduced and made available
electronically on Thursday, September 12:
House Bill Nos. 4949 4950 4951 4952 4953 4954 4955 4956 4957 4958 4959 4960 4961 4962 4963 4964 4965 4966 4967 4968 4969 4970 4971 4972 4973
The Clerk announced that the
following bills had been reproduced and made available electronically on
Tuesday, September 17:
Senate Bill Nos. 528 529 530
The Clerk announced that the
following Senate bill had been received on Tuesday, September 17:
Senate Bill No. 379
Reports of Select Committees
First Conference Report
The Committee of Conference on
the matters of difference between the two Houses concerning
House
Bill No. 4236, entitled
A bill to amend 1979 PA 94,
entitled The state school aid act of 1979, by amending sections 236, 236a,
236b, 236c, 237, 241, 245, 245a, 251, 252, 256, 263, 264, 265, 265a, 265b,
265c, 265d, 267, 268, 269, 270, 274, 274c, 276, 277, 278, 279, 280, 281, 282,
283, and 289 (MCL 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1837,
388.1841, 388.1845, 388.1845a, 388.1851, 388.1852, 388.1856, 388.1863,
388.1864, 388.1865, 388.1865a, 388.1865b, 388.1865c, 388.1865d, 388.1867,
388.1868, 388.1869, 388.1870, 388.1874, 388.1874c, 388.1876, 388.1877,
388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, and 388.1889),
sections 236, 236a, 236b, 236c, 241, 245, 251, 252, 256, 263, 264, 265a, 267,
268, 269, 270, 274, 274c, 276, 277, 278, 279, 280, 281, 282, and 289 as amended
and sections 245a, 265b, 265c, and 265d as added by 2018 PA 265, section 237 as
amended by 2012 PA 201, section 265 as amended by 2018 PA 586, and section
283 as amended by 2017 PA 108.
Recommends:
First: That the Senate recede
from the Substitute of the Senate as passed by the Senate.
Second: That the House and Senate
agree to the Substitute of the House as passed by the House, amended to read as
follows:
A bill to amend 1979 PA 94,
entitled The state school aid act of 1979, by amending sections 236, 236a,
236b, 236c, 237, 241, 245, 245a, 251, 252, 256, 263, 263a, 264, 265, 265a,
265b, 265c, 265d, 267, 268, 269, 270, 274, 274c, 276, 277, 278, 279, 280, 281,
282, 283, and 289 (MCL 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1837,
388.1841, 388.1845, 388.1845a, 388.1851, 388.1852, 388.1856, 388.1863,
388.1863a, 388.1864, 388.1865, 388.1865a, 388.1865b, 388.1865c, 388.1865d,
388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1874c, 388.1876,
388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, and
388.1889), sections 236, 236a, 236b, 236c, 241, 245, 251, 252, 256, 263, 264,
265a, 267, 268, 269, 270, 274, 274c, 276, 277, 278, 279, 280, 281, 282, and 289
as amended and sections 245a, 265b, 265c, and 265d as added by 2018 PA 265, section
237 as amended by 2012 PA 201, sections 263a and 283 as amended by 2017 PA 108,
and section 265 as amended by 2018 PA 586, and by adding section 275d.
The people of the state of
michigan enact:
Sec. 236. (1) Subject to the
conditions set forth in this article, the amounts listed in this section are
appropriated for higher education for the fiscal year ending September 30, 2019, 2020, from the funds
indicated in this section. The following is a summary of the appropriations in
this section:
(a) The gross
appropriation is $1,669,732,600.00.
$1,685,545,000.00.
After deducting total interdepartmental grants and intradepartmental transfers in the amount of $0.00, the
adjusted gross appropriation is $1,669,732,600.00. $1,685,545,000.00.
(b) The sources of the adjusted
gross appropriation described in subdivision (a) are as follows:
(i)
Total federal revenues, $123,526,400.00.$128,026,400.00.
(ii)
Total local revenues, $0.00.
(iii)
Total private revenues, $0.00.
(iv)
Total other state restricted revenues, $500,188,300.00.$349,419,300.00.
(v)
State general fund/general purpose money, $1,046,017,900.00.$1,208,099,300.00.
(2) Amounts appropriated for
public universities are as follows:
(a) The appropriation for Central
Michigan University is $87,415,000.00,
$85,654,400.00 for operations and $1,760,600.00 for performance funding.$89,227,800.00, $87,096,900.00 for
operations, $532,800.00 for performance funding, and $1,598,100.00 for costs
incurred under the North American Indian tuition waiver.
(b) The appropriation for Eastern
Michigan University is $76,979,300.00,
$75,169,900.00 for operations and $1,809,400.00 for performance funding.$77,556,000.00, $76,816,500.00 for
operations, $437,200.00 for performance funding, and $302,300.00 for costs
incurred under the North American Indian tuition waiver.
(c) The appropriation for Ferris
State University is $54,950,700.00,
$53,595,500.00 for operations and $1,355,200.00 for performance funding.$56,032,800.00, $54,732,400.00 for
operations, $293,100.00 for performance funding, and $1,007,300.00 for costs
incurred under the North American Indian tuition waiver.
(d) The appropriation for Grand
Valley State University is $72,056,600.00,
$70,100,100.00 for operations and $1,956,500.00 for performance funding.$73,388,500.00, $71,780,400.00 for
operations, $533,100.00 for performance funding, and $1,075,000.00 for costs
incurred under the North American Indian tuition waiver.
(e) The appropriation for Lake
Superior State University is $13,987,000.00,
$13,775,000.00 for operations and $212,000.00 for performance funding.$14,361,000.00, $13,349,300.00 for
operations, $57,700.00 for performance funding, and $954,000.00 for costs
incurred under the North American Indian tuition waiver.
(f) The appropriation for
Michigan State University is $350,703,300.00,
$281,239,100.00 for operations, $5,035,100.00 for performance funding,
$34,591,400.00 for MSU AgBioResearch, and $29,837,700.00 for MSU Extension.$353,872,800.00, $285,805,100.00 for
operations, $1,526,600.00 for performance funding, $1,467,700.00 for costs
incurred under the North American Indian tuition waiver, $34,937,300.00 for MSU
AgBioResearch, and $30,136,100.00 for MSU Extension.
(g) The appropriation for
Michigan Technological University is $49,949,600.00, $49,052,200.00 for operations and
$897,400.00 for performance funding.$50,568,100.00, $49,835,300.00 for operations, $266,300.00
for performance funding, and $466,500.00 for costs incurred under the North
American Indian tuition waiver.
(h) The appropriation for Northern
Michigan University is $47,998,400.00,
$47,137,400.00 for operations and $861,000.00 for performance funding.$48,909,100.00, $47,576,200.00 for
operations, $232,900.00 for performance funding, and $1,100,000.00 for costs
incurred under the North American Indian tuition waiver.
(i) The appropriation for Oakland
University is $52,819,200.00,
$51,235,900.00 for operations and $1,583,300.00 for performance funding.$53,432,500, $52,719,900.00 for
operations, $427,500.00 for performance funding, and $285,100.00 for costs
incurred under the North American Indian tuition waiver.
(j) The appropriation for Saginaw
Valley State University is $30,528,000.00,
$29,766,100.00 for operations and $761,900.00 for performance funding.$30,807,700.00, $30,456,500.00 for
operations, $127,300.00 for performance funding, and $223,900.00 for costs
incurred under the North American Indian tuition waiver.
(k) The appropriation for
University of Michigan Ann Arbor is $320,782,400.00, $314,589,100.00 for operations and $6,193,300.00
for performance funding.$322,773,600.00, $320,255,800.00 for operations,
$1,714,300.00 for performance funding, and $803,500.00 for costs incurred under
the North American Indian tuition waiver.
(l)
The appropriation for University of Michigan Dearborn is $26,071,800.00, $25,421,900.00 for
operations and $649,900.00 for performance funding.$26,327,200.00, $25,986,400.00 for
operations, $180,600.00 for performance funding, and $160,200.00 for costs
incurred under the North American Indian tuition waiver.
(m) The appropriation for
University of Michigan Flint is $23,585,400.00, $23,061,800.00 for operations and
$523,600.00 for performance funding.$23,893,200.00, $23,493,800.00 for operations, $122,400.00
for performance funding, and $277,000.00 for costs incurred under the North
American Indian tuition waiver.
(n) The appropriation for Wayne
State University is $202,363,200.00,
$199,169,800.00 for operations and $3,193,400.00 for performance funding.$203,413,900.00, $202,112,700.00 for
operations, $884,000.00 for performance funding, and $417,200.00 for costs
incurred under the North American Indian tuition waiver.
(o) The appropriation for Western
Michigan University is $111,151,000.00,
$109,376,800.00 for operations and $1,774,200.00 for performance funding.$112,290,100.00, $110,976,000.00 for
operations, $546,200.00 for performance funding, and $767,900.00 for costs
incurred under the North American Indian tuition waiver.
(3) The amount appropriated in
subsection (2) for public universities is $1,536,854,300.00, appropriated from the
following:
(a) State school aid fund, $494,286,300.00.$343,168,300.00.
(b) State general fund/general
purpose money, $1,027,054,600.00.$1,193,686,000.00.
(4) The amount appropriated for
Michigan public school employees retirement system reimbursement is $5,133,000.00, $5,017,000.00, appropriated
from the state school aid fund.
(5) The amount appropriated for
state and regional programs is $315,000.00, appropriated from general
fund/general purpose money and allocated as follows:
(a) Higher education database
modernization and conversion, $200,000.00.
(b) Midwestern Higher Education
Compact, $115,000.00.
(6) The amount appropriated for
the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks program is
$2,691,500.00, appropriated from general fund/general purpose money and
allocated as follows:
(a) Select student support
services, $1,956,100.00.
(b) Michigan college/university
partnership program, $586,800.00.
(c) Morris Hood, Jr. educator
development program, $148,600.00.
(7) Subject to subsection (8),
the amount appropriated for grants and financial aid is $139,583,200.00, $139,283,200.00, allocated
as follows:
(a) State competitive
scholarships, $32,361,700.00.
(b) Tuition grants,
$38,021,500.00.
(c) Tuition incentive program,
$64,300,000.00.
(d) Children of veterans and
officer s survivor tuition grant programs, $1,400,000.00.
(e) Project GEAR-UP,
$3,200,000.00.
(f) North American Indian tuition
waiver, $300,000.00.
(8) The
money appropriated in subsection (7) for grants and financial aid is
appropriated from the following:
(a) Federal revenues under the
United States Department of Education, Office of Elementary and Secondary
Education, GEAR-UP program, $3,200,000.00.
(b) Federal revenues under the
social security act, temporary assistance for needy families, $120,326,400.00.$124,826,400.00.
(c) Contributions to children of
veterans tuition grant program, $100,000.00.
(c) (d) State general fund/general
purpose money, $15,956,800.00.$11,256,800.00.
(9) For fiscal year 2018-2019 2019-2020 only, in
addition to the allocation under subsection (4), from the appropriations
described in subsection (1), there is allocated an amount not to exceed $669,000.00 $1,234,000.00 for
payments to participating public universities, appropriated from the state
school aid fund. A university that receives money under this subsection shall
use that money solely for the purpose of offsetting the normal cost
contribution rate. As used in this subsection, participating public
universities means public universities that are 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
pay contributions to the Michigan public school employees retirement system
for the state fiscal year.
(10) The amount appropriated for
pregnant and parenting student services is $150,000.00, appropriated from state
general fund/general purpose money, and subject to the conditions of the
pregnant and parenting services act, 2004 PA 500, MCL 390.1591 to 390.1596.
Sec. 236a. It is the intent of
the legislature to provide appropriations for the fiscal year ending on
September 30, 2020 2021 for the items
listed in section 236. The fiscal year 2019-2020 2020-2021 appropriations are anticipated to
be the same as those for fiscal year 2018-2019, 2019-2020, except that the amounts 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 2019 2020 consensus revenue
estimating conference. For
fiscal year 2020-2021, the amount appropriated for Michigan public school
employees retirement system reimbursement is projected to be $7,264,000.00.
Sec. 236b. In addition to the
funds appropriated in section 236, there is appropriated for grants and
financial aid in fiscal year 2018-2019
2019-2020 an
amount not to exceed $6,000,000.00 for federal contingency funds. These funds
are not available for expenditure until they have been transferred under
section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393, for
another purpose under this article.
Sec. 236c. In addition to the
funds appropriated for fiscal year 2018-2019 2019-2020 in section 236, appropriations to
the department of technology, management, and budget in the act providing
general appropriations for fiscal year 2018-2019 2019-2020 for state building authority rent,
totaling an estimated $155,478,500.00,
$144,995,300.00 provide
funding for the state share of costs for previously constructed capital
projects for state universities. These appropriations for state building
authority rent represent additional state general fund support provided to
public universities, and the following is an estimate of the amount of that
support to each university:
(a) Central Michigan University, $12,936,500.00.$12,141,800.00.
(b) Eastern Michigan University, $7,083,900.00.$7,673,600.00.
(c) Ferris State University, $8,275,000.00.$8,434,200.00.
(d) Grand Valley State
University, $8,800,000.00.$6,752,400.00.
(e) Lake Superior State
University, $2,285,800.00.$1,856,100.00.
(f) Michigan State University, $16,790,400.00.$15,514,900.00.
(g) Michigan Technological
University, $6,782,000.00.$6,912,500.00.
(h) Northern Michigan University,
$7,309,000.00.$7,449,600.00.
(i) Oakland University, $12,665,000.00.$12,908,600.00.
(j) Saginaw Valley State
University, $10,984,000.00.$10,670,900.00.
(k) University of Michigan - Ann
Arbor, $11,861,000.00.$9,795,900.00.
(l)
University of Michigan - Dearborn, $10,918,000.00.$9,522,700.00.
(m) University of Michigan -
Flint, $6,244,800.00.$4,128,900.00.
(n) Wayne State University, $16,480,200.00.$16,008,000.00.
(o) Western Michigan University, $16,062,900.00.$15,225,200.00.
Sec. 237. All of the
appropriations authorized under this article are subject to the management and
budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 241. (1) Subject to sections
244 and 265a, the funds appropriated in section 236 to public universities
shall be paid out of the state treasury and distributed by the state treasurer
to the respective institutions in 11 equal monthly installments on the
sixteenth of each month, or the next succeeding business day, beginning with
October 16, 2018. 2019. Except for Wayne
State University, each institution shall accrue its July and August 2019 2020 payments to its
institutional fiscal year ending June 30, 2019.2020.
(2) All public universities shall
submit higher education institutional data inventory (HEIDI) data and
associated financial and program information requested by and in a manner
prescribed by the state budget director. For public universities with fiscal
years ending June 30, 2018, 2019, these data shall
be submitted to the state budget director by October 15, 2018. 2019. Public
universities with a fiscal year ending September 30, 2018 2019 shall submit preliminary HEIDI data by
November 15, 2018 2019 and final data by
December 15, 2018. 2019. If a public
university fails to submit HEIDI data and associated financial aid program
information in accordance with this reporting schedule, the state treasurer may
withhold the monthly installments under subsection (1) to the public university
until those data are submitted.
Sec. 245. (1) A public university
shall maintain a public transparency website available through a link on its
website homepage. The public university shall update this website within 30
days after the university s governing board adopts its annual operating budget
for the next academic year, or after the governing board adopts a subsequent
revision to that budget.
(2) The website required under
subsection (1) shall include all of the following concerning the public
university:
(a) The annual operating budget
and subsequent budget revisions.
(b) A summary of current
expenditures for the most recent fiscal year for which they are available,
expressed as pie charts in the following 2 categories:
(i)
A chart of personnel expenditures, broken into the following subcategories:
(A) Earnings and wages.
(B) Employee benefit costs,
including, but not limited to, medical, dental, vision, life, disability, and
long-term care benefits.
(C) Retirement benefit costs.
(D) All other personnel costs.
(ii)
A chart of all current expenditures the public university reported as part of
its higher education institutional data inventory data under section 241(2),
broken into the same subcategories in which it reported those data.
(c) Links to all of the following
for the public university:
(i)
The current collective bargaining agreement for each bargaining unit.
(ii)
Each health care benefits plan, including, but not limited to, medical, dental,
vision, disability, long-term care, or any other type of benefits that would
constitute health care services, offered to any bargaining unit or employee of
the public university.
(iii)
Audits and financial reports for the most recent fiscal year for which they are
available.
(d) A list of all positions
funded partially or wholly through institutional general fund revenue that
includes the position title and annual salary or wage amount for each position.
(e) General fund revenue and
expenditure projections for the current fiscal year and the next fiscal year.
(f) A listing of all debt service
obligations, detailed by project, anticipated fiscal year payment for each
project, and total outstanding debt for the current fiscal year.
(g) The institution s policy
regarding the transferability of core college courses between community
colleges and the university.
(h) A listing of all community
colleges that have entered into reverse transfer agreements with the
university.
(3) On the website required under
subsection (1), a public university shall provide a dashboard or report card
demonstrating the university s performance in several best practice measures.
The dashboard or report card shall include at least all of the following for
the 3 most recent academic years for which the data are available:
(a) Enrollment.
(b) Student retention rate.
(c) Six-year graduation rates.
(d) Number of Pell grant
recipients and graduating Pell grant recipients.
(e) Geographic origination of
students, categorized as in-state, out-of-state, and international.
(f) Faculty to student ratios and
total university employee to student ratios.
(g) Teaching load by faculty
classification.
(h) Graduation outcome rates,
including employment and continuing education.
(4) For statewide consistency and
public visibility, public universities must use the icon badge provided by the
department of technology, management, and budget consistent with the icon badge
developed by the department of education for K-12 school districts. It must
appear on the front of each public university s homepage. The size of the icon
may be reduced to 150 x 150 pixels. The font size and style for this reporting
must be consistent with other documents on each university s website.
(5) The state budget director
shall determine whether a public university has complied with this section. The
state budget director may withhold a public university s monthly installments
described in section 241 until the public university complies with this
section.
(6) By the first business day of November 15 of each year, a
public university shall report the following information to the center and post
the information on its website under the budget transparency icon badge:
(a) Opportunities for earning
college credit through the following programs:
(i)
State approved career and technical education or a tech prep articulated
program of study.
(ii)
Direct college credit or concurrent enrollment.
(iii)
Dual enrollment.
(iv)
An early college/middle college program.
(b) For each program described in
subdivision (a) that the public university offers, all of the following
information:
(i)
The number of high school students participating in the program.
(ii)
The number of school districts that participate in the program with the public
university.
(iii)
Whether a university professor, qualified local school district employee, or
other individual teaches the course or courses in the program.
(iv)
The total cost to the public university to operate the program.
(v)
The cost per credit hour for the course or courses in the program.
(vi)
The location where the course or courses in the program are held.
(vii)
Instructional resources offered to the program instructors.
(viii)
Resources offered to the student in the program.
(ix)
Transportation services provided to students in the program.
(7) A public university shall
collect and report the number and percentage of all enrolled students who
complete the Free Application for Federal Student Aid, broken out by
undergraduate and graduate/professional classifications, to the center and post
the information on its website under the budget transparency icon badge.
Sec. 245a. (1) A public
university shall develop, maintain, and update a campus safety information and
resources link, prominently displayed on the homepage of its website, to a
section of its website containing all of the information required under subsection
(2).
(2) The campus safety
information and resources section of a public university s website shall
include, but not be limited to, all of the following information:
(a) Emergency contact numbers for
police, fire, health, and other services.
(b) Hours, locations, phone
numbers, and electronic mail contacts for campus public safety offices and
title IX offices.
(c) A listing of safety and
security services provided by the university, including transportation, escort
services, building surveillance, anonymous tip lines, and other available
security services.
(d) A public university s
policies applicable to minors on university property.
(e) A directory of resources
available at the university or surrounding community for students or employees
who are survivors of sexual assault or sexual abuse.
(f) An electronic copy of A
Resource Handbook for Campus Sexual Assault Survivors, Friends and Family ,
published in 2018 by the office of the governor in conjunction with the first
lady of Michigan.
(g) Campus security policies and
crime statistics pursuant to the student right-to-know and campus security act,
Public Law 101-542, 104 Stat 2381. Information shall include all material
prepared pursuant to the public information reporting requirements under the
crime awareness and campus security act of 1990, title II of the student
right-to-know and campus security act, Public Law 101-542, 104 Stat 2381.
(3) A public university shall
certify to the state budget director by August 31, 2018 October 1, 2019 and the last business day of each August
thereafter that it is in compliance with this section. The state
budget director may withhold a public university s monthly installments
described in section 241 until the public university complies with this
section.
Sec. 251. (1) Payments of the
amounts included in section 236 for the state competitive scholarship program
shall be distributed pursuant to 1964 PA 208, MCL 390.971 to 390.981.
(2) Pursuant to section 6 of 1964
PA 208, MCL 390.976, the department of treasury shall determine an actual
maximum state competitive scholarship award per student, which shall be not
less than $1,000.00, that ensures that the aggregate payments for the state
competitive scholarship program do not exceed the appropriation contained in
section 236 for the state competitive scholarship program. If the department
determines that insufficient funds are available to establish a maximum award
amount equal to at least $1,000.00, the department shall immediately report to the
house and senate appropriations subcommittees on higher education, the house
and senate fiscal agencies, and the state budget director regarding the
estimated amount of additional funds necessary to establish a $1,000.00 maximum
award amount.
(3) The department of treasury
shall implement a proportional competitive scholarship maximum award level for
recipients enrolled less than full-time in a given semester or term.
(4) If a student who receives an
award under this section has his or her tuition and fees paid under the
Michigan educational trust program, pursuant to the Michigan education trust
act, 1986 PA 316, MCL 390.1421 to 390.1442, and still has financial need, the
funds awarded under this section may be used for educational expenses other than
tuition and fees.
(5) If the department of treasury
increases the maximum award per eligible student from that provided in the
previous fiscal year, it shall not have the effect of reducing the number of
eligible students receiving awards in relation to the total number of eligible
applicants. Any increase in the maximum grant shall be proportional for all
eligible students receiving awards.
(6) Veterans Administration
benefits shall not be considered in determining eligibility for the award of
scholarships under 1964 PA 208, MCL 390.971 to 390.981.
(7) Any unexpended and
unencumbered funds remaining on September 30, 2019 2020 from the amounts appropriated in section 236 for the state competitive scholarship
program for fiscal year 2018-2019
2019-2020 do not lapse on
September 30, 2019, 2020, but continue to
be available for the expenditure for state competitive scholarships provided in the 2019-2020 fiscal
year under a work project account. The use of these unexpended fiscal year 2018-2019 funds
terminates at the end of the 2019-2020 fiscal year.
Sec. 252. (1) The amounts
appropriated in section 236 for the state tuition grant program shall be
distributed pursuant to 1966 PA 313, MCL 390.991 to 390.997a.
(2) Tuition grant awards shall be
made to all eligible Michigan residents enrolled in undergraduate degree
programs who are qualified and who apply before by March 1 of each year for the next academic
year.
(3) Pursuant to section 5 of 1966
PA 313, MCL 390.995, and subject to subsections (7) and (8), the department of
treasury shall determine an actual maximum tuition grant award per student,
which shall be no less than $2,400.00,
$3,000.00, that
ensures that the aggregate payments for the tuition grant program do not exceed
the appropriation contained in section 236 for the state tuition grant program.
If the department determines that insufficient funds are available to establish
a maximum award amount equal to at least $2,400.00, $3,000.00, the department shall immediately
report to the house and senate appropriations subcommittees on higher
education, the house and senate fiscal agencies, and the state budget director
regarding the estimated amount of additional funds necessary to establish a $2,400.00 $3,000.00 maximum award
amount. If the department determines that sufficient funds are available to
establish a maximum award amount equal to at least $2,400.00, $3,000.00, the department shall immediately
report to the house and senate appropriations subcommittees on higher
education, the house and senate fiscal agencies, and the state budget director
regarding the maximum award amount established and the projected amount of any
projected year-end appropriation balance based on that maximum award amount. By
February 18 of each fiscal year, the department shall analyze the status of
award commitments, shall make any necessary adjustments, and shall confirm that
those award commitments will not exceed the appropriation contained in section
236 for the tuition grant program. The determination and actions shall be reported
to the state budget director and the house and senate fiscal agencies no later
than the final day of February of each year. If award adjustments are
necessary, the students shall be notified of the adjustment by March 4 of each
year. The department is
prohibited from using funds described in this section and appropriated in
section 236(7)(b) to offset costs in any other student financial aid program.
(4) Any unexpended and
unencumbered funds remaining on September 30, 2019 2020 from the amounts appropriated in section
236 for the tuition grant program for fiscal year 2018-2019 2019-2020 do not lapse on September 30, 2019, 2020, but continue to
be available for expenditure for tuition grants provided in the 2019-2020 fiscal year under a
work project account.
(5) The department of treasury
shall continue a proportional tuition grant maximum award level for recipients
enrolled less than full-time in a given semester or term.
(6) If the department of treasury
increases the maximum award per eligible student from that provided in the
previous fiscal year, it shall not have the effect of reducing the number of
eligible students receiving awards in relation to the total number of eligible
applicants. Any increase in the maximum grant shall be proportional for all
eligible students receiving awards for that fiscal year.
(7) Except as provided in
subsection (4), the department of treasury shall not award more than $4,200,000.00 $5,000,000.00 in
tuition grants to eligible students enrolled in the same independent nonprofit
college or university in this state. Any decrease in the maximum grant shall be
proportional for all eligible students enrolled in that college or university,
as determined by the department. The limit described in this subsection does
not apply to any other student financial aid program or in combination with any
other student financial aid program.
(8) The department of treasury
shall not award tuition grants to otherwise eligible students enrolled in an
independent college or university that does not report, in a form and manner
directed by and satisfactory to the department of treasury, by October 31 of
each year, all of the following:
(a) The number of students in the
most recently completed academic year who in any academic year received a state
tuition grant at the reporting institution and successfully completed a program
or graduated.
(b) The number of students in the
most recently completed academic year who in any academic year received a state
tuition grant at the reporting institution and took a remedial education class.
(c) The number of students in the
most recently completed academic year who in any academic year received a Pell
grant at the reporting institution and successfully completed a program or
graduated.
(9) By February 1 , 2019, of each year, each
independent college and university participating in the tuition grant program
shall report to the senate and house appropriations subcommittees on higher
education, the senate and house fiscal agencies, and the state budget director
on its efforts to develop and implement sexual assault response training for
the institution s title IX coordinator, campus law enforcement personnel,
campus public safety personnel, and any other campus personnel charged with
responding to on-campus incidents, including information on sexual assault
response training materials and the status of implementing sexual assault
response training for institutional personnel.
Sec. 256. (1) The funds
appropriated in section 236 for the tuition incentive program shall be
distributed as provided in this section and pursuant to the administrative
procedures for the tuition incentive program of the department of treasury.
(2) As used in this section:
(a) Phase I means the first
part of the tuition incentive program defined as the academic period of 80 semester or 120 term credits, or less,
leading to an associate degree or certificate. Students must be enrolled
in a certificate or associate degree program and taking classes within the
program of study for a certificate or associate degree. Tuition will not be
covered for courses outside of a certificate or associate degree program.
(b) Phase II means the second
part of the tuition incentive program which provides assistance in the third
and fourth year of 4-year degree programs.
(c) Department means the
department of treasury.
(d) High school equivalency
certificate means that term as defined in section 4.
(3) An individual shall meet the
following basic criteria and financial thresholds to be eligible for tuition
incentive program benefits:
(a) To be eligible for phase I,
an individual shall meet all of the following criteria:
(i)
Apply for certification to the department any time after he or she begins the
sixth grade but before August 31 of the school year in which he or she
graduates from high school or before achieving a high school equivalency
certificate.
(ii)
Be less than 20 years of age at the time he or she graduates from high school
with a diploma or certificate of completion or achieves a high school
equivalency certificate or, for students attending a 5-year middle college
approved by the Michigan department of education, be less than 21 years of age
when he or she graduates from high school.
(iii)
Be a United States citizen and a resident of this state according to
institutional criteria.
(iv)
Be at least a half-time student, earning less than 80 semester or 120 term
credits at a participating educational institution within 4 years of high
school graduation or achievement of a high school equivalency certificate. All
program eligibility expires 6 years from high school graduation or achievement
of a high school equivalency certificate.
(v)
Meet the satisfactory academic progress policy of the educational institution
he or she attends.
(b) To be eligible for phase II,
an individual shall meet either of the following criteria in addition to the
criteria in subdivision (a):
(i)
Complete at least 56 transferable semester or 84 transferable term credits.
(ii)
Obtain an associate degree or certificate at a participating institution.
(c) To be eligible for phase I or
phase II, an individual must
not be incarcerated and must be financially eligible as
determined by the department. An individual is financially eligible for the
tuition incentive program if he or she was eligible for Medicaid from this
state for 24 months within the 36 consecutive months before application. The
department shall accept certification of Medicaid eligibility only from the
department of health and human services for the purposes of verifying if a
person is Medicaid eligible for 24 months within the 36 consecutive months
before application. Certification of eligibility may begin in the sixth grade. As used in this subdivision, incarcerated
does not include detention of a juvenile in a state-operated or privately
operated juvenile detention facility.
(4) For phase I, the department
shall provide payment on behalf of a person eligible under subsection (3). The
department shall only accept standard per-credit hour tuition billings and
shall reject billings that are excessive or outside the guidelines for the type
of educational institution.
(5) For phase I, all of the
following apply:
(a) Payments for associate degree
or certificate programs shall not be made for more than 80 semester or 120 term
credits for any individual student at any participating institution.
(b) For persons enrolled at a
Michigan community college, the department shall pay the current in-district
tuition and mandatory fees. For persons residing in an area that is not
included in any community college district, the out-of-district tuition rate
may be authorized.
(c) For persons enrolled at a
Michigan public university, the department shall pay lower division resident
tuition and mandatory fees for the current year.
(d) For persons enrolled at a
Michigan independent, nonprofit degree-granting college or university, or a
Michigan federal tribally controlled community college, or Focus: HOPE, the
department shall pay mandatory fees for the current year and a per-credit
payment that does not exceed the average community college in-district
per-credit tuition rate as reported on August 1, for the immediately preceding
academic year.
(6) A person participating in
phase II may be eligible for additional funds not to exceed $500.00 per
semester or $400.00 per term up to a maximum of $2,000.00 subject to the
following conditions:
(a) Credits are earned in a
4-year program at a Michigan degree-granting 4-year college or university.
(b) The tuition reimbursement is
for coursework completed within 30 months of completion of the phase I
requirements.
(7) The department shall work
closely with participating institutions to develop an application and
eligibility determination process that will provide the highest level of
participation and ensure that all requirements of the program are met.
(8) Applications for the tuition
incentive program may be approved at any time after the student begins the
sixth grade. If a determination of financial eligibility is made, that determination
is valid as long as the student meets all other program requirements and
conditions.
(9) Each institution shall ensure
that all known available restricted grants for tuition and fees are used prior
to billing the tuition incentive program for any portion of a student s tuition
and fees.
(10) The department shall ensure
that the tuition incentive program is well publicized and that eligible
Medicaid clients are provided information on the program. The department shall
provide the necessary funding and staff to fully operate the program.
(11) Any unexpended and
unencumbered funds remaining on September 30, 2019 2020 from the amounts appropriated in section
236 for the tuition incentive program for fiscal year 2018-2019 2019-2020 do not lapse on September 30, 2019, 2020, but continue to
be available for expenditure for tuition incentive program funds provided in the 2019-2020 fiscal
year under a work project account. The use of these unexpended fiscal year 2018-2019 funds
terminates at the end of the 2019-2020 fiscal year.
(12) The department of treasury
shall collaborate with the center to use the P-20 longitudinal data system to
report the following information for each qualified postsecondary institution:
(a) The number of phase I
students in the most recently completed academic year who in any academic year
received a tuition incentive program award and who successfully completed a
degree or certificate program. Cohort graduation rates for phase I students
shall be calculated using the established success rate methodology developed by
the center in collaboration with the postsecondary institutions.
(b) The number of students in the
most recently completed academic year who in any academic year received a Pell
grant at the reporting institution and who successfully completed a degree or
certificate program. Cohort graduation rates for students who received Pell
grants shall be calculated using the established success rate methodology
developed by the center in collaboration with the postsecondary institutions.
(13) If a
qualified postsecondary institution does not report the data necessary to
comply with subsection (12) to the
P-20 longitudinal data system, the institution shall report, in a form and
manner satisfactory to the department of treasury and the center, all of the
information needed to comply with subsection (12) by December 1 , 2019.2020.
(14) Beginning in fiscal year 2019-2020, 2020-2021, if a
qualified postsecondary institution does not report the data necessary to
complete the reporting in subsection (12) to the P-20 longitudinal data system
by October 15 for the prior academic year, the department of treasury shall not
award phase I tuition incentive program funding to otherwise eligible students
enrolled in that institution until the data are submitted.
Sec. 263. (1) Included in the
appropriation in section 236 for fiscal year 2018-2019 2019-2020 for MSU AgBioResearch is
$2,982,900.00 and included in the appropriation in section 236 for MSU
Extension is $2,645,200.00 for Project GREEEN. Project GREEEN is intended to
address critical regulatory, food safety, economic, and environmental problems
faced by this state s plant-based agriculture, forestry, and processing
industries. GREEEN is an acronym for Generating Research and Extension to
Meet Environmental and Economic Needs.
(2) The department of agriculture
and rural development and Michigan State University, in consultation with
agricultural commodity groups and other interested parties, shall develop
Project GREEEN and its program priorities.
Sec. 263a. (1) Not later than
September 30 of each year, Michigan State University shall submit a report on
MSU AgBioResearch and MSU Extension to the house and senate appropriations
subcommittees on agriculture and on higher education, the house and senate
standing committees on agriculture, the house and senate fiscal agencies, and
the state budget director for the preceding academic fiscal year.
(2) The report required under
subsection (1) shall include all of the following:
(a) Total funds expended by MSU
AgBioResearch and by MSU Extension identified by state, local, private,
federal, and university fund sources.
(b) The metric goals that were
used to evaluate the impacts of programs operated by MSU Extension and MSU
AgBioResearch. The following metric goals will be used to evaluate the impacts
of those programs:
(i) Increasing the number of
agriculture and food-related firms collaborating with and using services of
research and extension faculty and staff by 3% per year.
(ii) Increasing the number of
individuals utilizing MSU Extension s educational services by 5% per year.
(iii) Increasing external funds
generated in support of research and extension, beyond state appropriations, by
10% over the amounts generated in the past 3 state fiscal years.
(iv) Increasing the sector s total
economic impact to at least $125,000,000,000.00.
(v) Increasing Michigan s
agricultural exports to at least $4,250,000,000.00.
(vi) Improving access by Michigan
consumers to healthy foods by 20%.
(b) (c) A review of major programs within
both MSU AgBioResearch and MSU Extension with specific reference to
accomplishments, impacts, and the
metrics described in subdivision (b), including a specific accounting of
Project GREEEN expenditures and the impact of those expenditures.a specific accounting of Project
GREEEN expenditures and the impact of those expenditures. The program review
for MSU AgBioResearch and MSU Extension should include the following:
(i) The number of agriculture and
food-related firms collaborating with and using services of research and
extension faculty and staff.
(ii) The number of individuals
utilizing MSU Extension s educational services.
(iii) External funds generated in
support of research and extension.
(iv) Efforts to improve access to
healthy foods for Michigan consumers.
Sec. 264. Included in the
appropriation in section 236 for fiscal year 2018-2019 2019-2020 for Michigan State University is
$80,000.00 for the Michigan Future Farmers of America Association. This $80,000.00
allocation shall not supplant any existing support that Michigan State
University provides to the Michigan Future Farmers of America Association.
Sec. 265. (1) Payments under
section 265a for performance funding for fiscal years 2018-2019, 2019-2020, and 2020-2021, and 2021-2022 shall
only be made to a public university that certifies to the state budget director
by August 31, 2018 October 1, 2019 that
its board did not adopt an increase in tuition and fee rates for resident
undergraduate students after September 1, 2017 2018 for the 2017-2018 2018-2019 academic year and that its board
will not adopt an increase in tuition and fee rates for resident undergraduate
students for the 2018-2019 2019-2020 academic year
that is greater than 3.8% 4.4% or $490.00, $587.00, whichever is
greater. As used in this subsection:
(a) Fee means any
board-authorized fee that will be paid by more than 1/2 of all resident
undergraduate students at least once during their enrollment at a public
university, as described in the higher education institutional data inventory
(HEIDI) user manual. A university increasing a fee that applies to a specific
subset of students or courses shall provide sufficient information to prove
that the increase applied to that subset will not cause the increase in the
average amount of board-authorized total tuition and fees paid by resident
undergraduate students in the 2018-2019
2019-2020 academic
year to exceed the limit established in this subsection.
(b) Tuition and fee rate means
the average of full-time rates paid by a majority of students in each
undergraduate class, based on an unweighted average of the rates authorized by
the university board and actually charged to students, deducting any uniformly
rebated or refunded amounts, for the 2 semesters with the highest levels of
full-time equated resident undergraduate enrollment during the academic year,
as described in the higher education institutional data inventory (HEIDI) user
manual.
(2) The state budget director
shall implement uniform reporting requirements to ensure that a public
university receiving a payment under section 265a for performance funding has
satisfied the tuition restraint requirements of this section. The state budget
director shall have the sole authority to determine if a public university has
met the requirements of this section. Information reported by a public
university to the state budget director under this subsection shall also be
reported to the house and senate appropriations subcommittees on higher education
and the house and senate fiscal agencies.
(3) Universities that exceed the
tuition and fee rate cap described in subsection (1) shall not receive a
planning or construction authorization for a state-funded capital outlay
project in fiscal year
2019-2020, fiscal year years 2020-2021, or fiscal year 2021-2022, or 2022-2023.
(4) Notwithstanding any other
provision of this act, the legislature may at any time adjust appropriations
for a university that adopts an increase in tuition and fee rates for resident
undergraduate students that exceeds the rate cap established in subsection (1).
Sec. 265a. (1) Appropriations to
public universities in section 236 for fiscal years 2018-2019, 2019-2020, and 2020-2021, and 2021-2022 for
performance funding shall be paid only to a public university that complies
with section 265 and certifies to the state budget director, the house and
senate appropriations subcommittees on higher education, and the house and
senate fiscal agencies by August
31, 2018 October 1,
2019 that it complies with all of the following requirements:
(a) The
university participates in reverse transfer agreements described in section 286
with at least 3 Michigan
community colleges.
(b) The university does not and
will not consider whether dual enrollment credits earned by an incoming student
were utilized towards his or her high school graduation requirements when
making a determination as to whether those credits may be used by the student
toward completion of a university degree or certificate program.
(c) The university actively
participates in and submits timely updates to the Michigan Transfer Network
created as part of the Michigan Association of Collegiate Registrars and
Admissions Officers transfer agreement.
(2) Any performance funding
amounts under section 236 that are not paid to a public university because it
did not comply with 1 or more requirements under subsection (1) are
unappropriated and reappropriated for performance funding to those public
universities that meet the requirements under subsection (1), distributed in
proportion to their performance funding appropriation amounts under section
236.
(3) The state budget director
shall report to the house and senate appropriations subcommittees on higher
education and the house and senate fiscal agencies by September 30, 2018, October 15, 2019, regarding any performance
funding amounts that are not paid to a public university because it did not
comply with 1 or more requirements under subsection (1) and any reappropriation
of funds under subsection (2).
(4) Performance funding amounts
described in section 236 are distributed based on the following formula:
(a)
Proportional to each university s share of total operations funding
appropriated in fiscal year 2010-2011, 50%.
(b) Based on weighted
undergraduate completions in critical skills areas, 11.1%.
(c) Based on research and
development expenditures, for universities classified in Carnegie
classifications as doctoral universities: moderate research activity, doctoral
universities: higher research activity, or doctoral universities: highest
research activity only, 5.6%.
(d) Based on 6-year graduation
rate, total degree completions, and institutional support as a percentage of
core expenditures, and the percentage of students receiving Pell grants, scored
against national Carnegie classification peers and weighted by total
undergraduate fiscal year equated students, 33.3%.
(5) For purposes of determining
the score of a university under subsection (4)(d), each university is assigned
1 of the following scores:
(a) A university classified as in
the top 20%, a score of 3.
(b) A university classified as
above national median, a score of 2.
(c) A university classified as
improving, a score of 2. It is the intent of the legislature that, beginning in
the 2019-2020 2020-2021 state fiscal
year, a university classified as improving is assigned a score of 1.
(d) A university that is not
included in subdivision (a), (b), or (c), a score of 0.
(6) As used in this section, Carnegie
classification means the basic classification of the university according to
the most recent version of the Carnegie classification of institutions of
higher education, published by the Carnegie Foundation for the Advancement of
Teaching.
(7) It is the intent of the
legislature to allocate more funding based on an updated set of performance metrics in
future years. Updated metrics
will be based on the outcome of joint hearings between the house and senate
appropriations subcommittees on higher education and community colleges
intended to be held in the fall of 2019.
Sec. 265b. (1) Appropriations to
public universities in section 236 for the fiscal year ending September 30, 2019 2020 for operations
funding shall be reduced by 10% pursuant to the procedures described in
subdivision (a) for a public university that fails to submit certification to
the state budget director, the house and senate appropriations subcommittees on
higher education, and the house and senate fiscal agencies by August 31, 2018 October 1, 2019 that
the university complies with sections 274c and 274d and that it complies with
all of the requirements described in subdivisions (b) to (i), as follows:
(a) If a university fails to
submit certification, the state budget director shall withhold 10% of that
university s annual operations funding until the university submits
certification. If a university fails to submit certification by the end of the
fiscal year, the 10% of its annual operations funding that is withheld shall
lapse to the general fund.
(b) For title IX investigations
of alleged sexual misconduct, the university prohibits the use of medical
experts that have an actual or apparent conflict of interest.
(c) For title IX investigations
of alleged sexual misconduct, the university prohibits the issuance of
divergent reports to complainants, respondents, and administration and instead
requires that identical reports be issued to them.
(d) Consistent with the
university s obligations under 20 USC 1092(f), the university notifies each
individual who reports having experienced sexual assault by a student, faculty
member, or staff member of the university that the individual has the option to
report the matter to law enforcement, to the university, to both, or to
neither, as the individual may choose.
(e) The university provides both
of the following:
(i)
For all freshmen and incoming transfer students enrolled, an in-person sexual
misconduct prevention presentation or course, which must include contact
information for the title IX office of the university.
(ii)
For all students not considered freshmen or incoming transfer students, an
online or electronic sexual misconduct prevention presentation or course.
(f) The university prohibits
seeking compensation from the recipient of any medical procedure, treatment, or
care provided by a medical professional who has been convicted of a felony
arising out of the medical procedure, treatment, or care.
(g) The university has or plans to have had a third party
review its title IX compliance office and related policies and procedures by
the end of the 2018-2019 academic year. A copy of the third-party review shall
be transmitted to the state budget director, the house and senate
appropriations subcommittees on higher education, and the house and senate
fiscal agencies. After the third-party review has been conducted for the
2018-2019 academic year, the university shall have a third-party review once
every three years and a copy of the third-party review shall be transmitted to
the state budget director, the house and senate appropriations subcommittees on
higher education, and the house and senate fiscal agencies.
(h) The university requires that
the governing board and the president or chancellor of the university receive
not less than quarterly reports from their title IX coordinator or title IX
office. The report shall contain aggregated data of the number of sexual
misconduct reports that the office received for the academic year, the types of
reports received, including reports received against employees, and a summary
of the general outcomes of the reports and investigations. A member of the
governing board may request to review a title IX investigation report
involving a complaint against an employee, and the university shall provide the
report in a manner it considers appropriate. The university shall protect the
complainant s anonymity, and the report shall not contain specific identifying
information.
(i) If allegations against an
employee are made in more than 1 title IX complaint that resulted in the
university finding that no misconduct occurred, the university requires that
the title IX officer promptly notify the president or chancellor and a member
of the university s governing board in writing and take all appropriate steps
to ensure that the matter is being investigated thoroughly, including hiring an
outside investigator for future cases involving that employee. A third-party
title IX investigation under this subdivision does not prohibit the university
from simultaneously conducting its own title IX investigation through its own
title IX coordinator.
(2) Each public university that
receives an appropriation in section 236 shall also certify that its president
or chancellor and a member of its governing board has reviewed all title IX
reports involving the alleged sexual misconduct of an employee of the
university, and shall send the certification to the house and senate
appropriations subcommittees on higher education, the house and senate fiscal
agencies, and the state budget director by August 31, 2018.October 1, 2019.
(3) For purposes of this section,
sexual misconduct includes, but is not limited to, any of the following:
(a) Intimate partner violence.
(b) Nonconsensual sexual conduct.
(c) Sexual assault.
(d) Sexual exploitation.
(e) Sexual harassment.
(f) Stalking.
Sec. 265c. By February 1, 2019, 2020 and February 1 of every
even-numbered year thereafter, the Michigan Community College
Association, the Michigan Association of State Universities, and the Michigan
Independent Colleges and Universities, on behalf of their member colleges and
universities, shall submit to the senate and house appropriations subcommittees
on higher education, the senate and house appropriations subcommittees on
community colleges, the senate and house fiscal agencies, and the state budget
director a comprehensive report detailing the number of academic program
partnerships between public community colleges, public universities, and
private colleges and universities, including, but not limited to, the following
information:
(a) The names of the baccalaureate
degree programs of study offered by public and private universities on
community college campuses.
(b) The names of the articulation
agreements for baccalaureate degree programs of study between public community
colleges, public universities, and private colleges and universities.
(c) The number of students
enrolled and number of degrees awarded through articulation agreements, and the number of courses offered, number of students
enrolled, and number of degrees awarded through on-campus programs named
in subdivision (a) from July 1, 2017 2018 through June 30, 2018.2019.
Sec. 265d. The legislature encourages each Each public university
that receives an appropriation in section 236 is encouraged to enter into a memorandum of
understanding with at least 1 local law enforcement agency with jurisdiction on
or around campus for the communication and coordination of responses to
incidents of sexual assault.
Sec. 267. All public universities
shall submit the amount of tuition and fees actually charged to a full-time
resident undergraduate student for academic year 2018-2019 2019-2020 as part of their higher education
institutional data inventory (HEIDI) data by October 1, 2019, and by August 31 of each
year thereafter.
A public university shall report any
revisions for any semester of the reported academic year 2018-2019 2019-2020 tuition and fee
charges to HEIDI within 15 days of being adopted.
Sec. 268. (1) For the fiscal year
ending September 30, 2019, 2020, it is the intent
of the legislature that funds be allocated for unfunded North American Indian
tuition waiver costs incurred by public universities under 1976 PA 174, MCL
390.1251 to 390.1253, from the general fund.
(2) Appropriations in section
236(7)(f) for North American Indian tuition waivers shall be paid to
universities under section 2a of 1976 PA 174, MCL 390.1252a. Allocations shall
be adjusted for amounts included in university operations appropriations. If
funds are insufficient to support the entire cost of waivers, amounts shall be prorated proportionate
to each institution s shortfall as a percentage of its fiscal year 2018-2019 state appropriation for
operations.
(2) (3) By February 15 of each year, the
department of civil rights shall annually submit to the state budget director,
the house and senate appropriations subcommittees on higher education, and the
house and senate fiscal agencies a report on North American Indian tuition
waivers for the preceding academic year that includes, but is not limited to,
all of the following information:
(a) The number of waiver
applications received and the number of waiver applications approved.
(b) For each university
submitting information under subsection (4), (3), all of the following:
(i)
The number of graduate and undergraduate North American Indian students
enrolled each term for the previous academic year.
(ii)
The number of North American Indian waivers granted each term, including to
continuing education students, and the monetary value of the waivers for the
previous academic year.
(iii)
The number of graduate and undergraduate students attending under a North
American Indian tuition waiver who withdrew from the university each term
during the previous academic year. For purposes of this subparagraph, a
withdrawal occurs when a student who has been awarded the waiver withdraws from
the institution at any point during the term, regardless of enrollment in
subsequent terms.
(iv)
The number of graduate and undergraduate students attending under a North
American Indian tuition waiver who successfully complete a degree or
certificate program, separated by degree or certificate level, and the
graduation rate for graduate and undergraduate students attending under a North
American Indian tuition waiver who complete a degree or certificate within 150%
of the normal time to complete, separated by the level of the degree or
certificate.
(3) (4) A public university that receives
funds under section 236 shall provide to the department of civil rights any
information necessary for preparing the report detailed in subsection (3), (2), using guidelines
and procedures developed by the department of civil rights.
(4) (5) The department of civil rights
may consolidate the report required under this section with the report required
under section 223, but a consolidated report must separately identify data for
universities and data for community colleges.
Sec. 269. For fiscal year 2018-2019, 2019-2020, from the
amount appropriated in section 236 to Central Michigan University for
operations, $29,700.00 shall be paid to Saginaw Chippewa Tribal College for the
costs of waiving tuition for North American Indians under 1976 PA 174, MCL
390.1251 to 390.1253.
Sec. 270.
For fiscal year 2018-2019, 2019-2020, from the
amount appropriated in section 236 to Lake Superior State University for operations,
$100,000.00 shall be paid to Bay Mills Community College for the costs of
waiving tuition for North American Indians under 1976 PA 174, MCL 390.1251 to
390.1253.
Sec. 274. It is the intent of the
legislature that public and private organizations that conduct human embryonic
stem cell derivation subject to section 27 of article I of the state
constitution of 1963 will provide information to the director of the department
of health and human services by December 1, 2018 2019 that includes all of the following:
(a) Documentation that the
organization conducting human embryonic stem cell derivation is conducting its
activities in compliance with the requirements of section 27 of article I of
the state constitution of 1963 and all relevant National Institutes of Health
guidelines pertaining to embryonic stem cell derivation.
(b) A list of all human embryonic
stem cell lines submitted by the organization to the National Institutes of Health for inclusion in the Human Embryonic
Stem Cell Registry before and during fiscal year 2017-2018, 2018-2019, and the status of each submission
as approved, pending approval, or review completed but not yet accepted.
(c) Number of human embryonic
stem cell lines derived and not submitted for inclusion in the Human Embryonic
Stem Cell Registry, before and during fiscal year 2017-2018.2018-2019.
Sec. 274c. By February 1 , 2019, of each year, each
university receiving funds under section 236 shall report to the senate and
house appropriations subcommittees on higher education, the senate and house
fiscal agencies, and the state budget director on its efforts to develop and
implement sexual assault response training for the university s title IX
coordinator, campus law enforcement personnel, campus public safety personnel,
and any other campus personnel charged with responding to on-campus incidents,
including information on sexual assault response training materials and the
status of implementing sexual assault response training for campus personnel.
Sec. 275d. The legislature urges
each university that receives an appropriation in section 236 to not take
disciplinary action against an employee for communicating with a member of the legislature
or a legislator s staff.
Sec. 276. (1) Included in the
appropriation for fiscal year 2018-2019
2019-2020 for
each public university in section 236 is funding for the Martin Luther King,
Jr. - Cesar Chavez - Rosa Parks future faculty program that is intended to
increase the pool of academically or economically disadvantaged candidates
pursuing faculty teaching careers in postsecondary education. Preference may
not be given to applicants on the basis of race, color, ethnicity, gender, or
national origin. Institutions should encourage applications from applicants who
would otherwise not adequately be represented in the graduate student and
faculty populations. Each public university shall apply the percentage change
applicable to every public university in the calculation of appropriations in
section 236 to the amount of funds allocated to the future faculty program.
(2) The program shall be
administered by each public university in a manner prescribed by the workforce
development agency. The workforce development agency shall use a good faith
effort standard to evaluate whether a fellowship is in default.
Sec. 277. (1) Included in the
appropriation for fiscal year 2018-2019
2019-2020 for
each public university in section 236 is funding for the Martin Luther King,
Jr. - Cesar Chavez - Rosa Parks college day program that is intended to
introduce academically or economically disadvantaged schoolchildren to the
potential of a college education. Preference may not be given to participants
on the basis of race, color, ethnicity, gender, or national origin. Public
universities should encourage participation from those who would otherwise not
adequately be represented in the student population.
(2) Individual program plans of
each public university shall include a budget of equal contributions from this
program, the participating public university, the participating school
district, and the participating independent degree-granting college. College
day funds shall not be expended to cover indirect costs. Not more than 20% of
the university match shall be attributable to indirect costs. Each public
university shall apply the percentage change applicable to every public
university in the calculation of appropriations in section 236 to the amount of
funds allocated to the college day program.
(3) The program described in this
section shall be administered by each public university in a manner prescribed
by the workforce development agency.
Sec. 278. (1) Included in section
236 for fiscal year 2018-2019
2019-2020 is
funding for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks select
student support services program for developing academically or economically
disadvantaged student retention programs for 4-year public and independent
educational institutions in this state. Preference may not be given to
participants on the basis of race, color, ethnicity, gender, or national
origin. Institutions should encourage participation from those who would
otherwise not adequately be represented in the student population.
(2) An award made under this
program to any 1 institution shall not be greater than $150,000.00, and the
amount awarded shall be matched on a 70% state, 30% college or university
basis.
(3) The program described in this
section shall be administered by the workforce development agency.
Sec. 279. (1) Included in section
236 for fiscal year 2018-2019
2019-2020 is
funding for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks
college/university partnership program between 4-year public and independent
colleges and universities and public community colleges, which is intended to
increase the number of academically or economically disadvantaged students who
transfer from community colleges into baccalaureate programs. Preference may
not be given to participants on the basis of race, color, ethnicity, gender, or
national origin. Institutions should encourage participation from those who
would otherwise not adequately be represented in the transfer student
population.
(2) The grants shall be made
under the program described in this section to Michigan public and independent
colleges and universities. An award to any 1 institution shall not be greater
than $150,000.00, and the amount awarded shall be matched on a 70% state, 30%
college or university basis.
(3) The program described in this
section shall be administered by the workforce development agency.
Sec. 280. (1) Included in the
appropriation for fiscal year 2018-2019
2019-2020 for
each public university in section 236 is funding for the Martin Luther King, Jr.
- Cesar Chavez - Rosa Parks visiting professors program which is intended to
increase the number of instructors in the classroom to provide role models for
academically or economically disadvantaged students. Preference may not be
given to participants on the basis of race, color, ethnicity, gender, or
national origin. Public universities should encourage participation from those
who would otherwise not adequately be represented in the student population.
(2) The program described in this
section shall be administered by the workforce development agency.
Sec. 281. (1) Included in the
appropriation for fiscal year 2018-2019
2019-2020 in
section 236 is funding under the Martin Luther King, Jr. - Cesar Chavez - Rosa
Parks initiative for the Morris Hood, Jr. educator development program which is
intended to increase the number of academically or economically disadvantaged
students who enroll in and complete K-12 teacher education programs at the
baccalaureate level. Preference may not be given to participants on the basis
of race, color, ethnicity, gender, or national origin. Institutions should
encourage participation from those who would otherwise not adequately be
represented in the teacher education student population.
(2) The program described in this
section shall be administered by each state-approved teacher education
institution in a manner prescribed by the workforce development agency.
(3) Approved teacher education
institutions may and are encouraged to use student support services funding in coordination
with the Morris Hood, Jr. funding to achieve the goals of the program described
in this section.
Sec. 282. Each institution
receiving funds for fiscal year 2018-2019 2019-2020 under section 278, 279, or 281
shall provide to the workforce development agency by April 15, 2019 2020 the unobligated
and unexpended funds as of March 31, 2019 2020 and a plan to expend the remaining funds
by the end of the fiscal year. Notwithstanding the award limitations in
sections 278 and 279, the amount of funding reported as not being expended will
be reallocated to the institutions that intend to expend all funding received
under section 278, 279, or 281.
Sec. 283. (1) Using the data
provided to the center as required by section 244 of this act, the center shall
use the P-20 longitudinal data system to inform interested Michigan high
schools and the public regarding the aggregate academic status of its students.
The center shall work with the universities and the Michigan Association of
State Universities and in cooperation with the Michigan Association of
Secondary School Principals.
(2) Michigan high schools shall
systematically inform the public universities about the use of information
received under this section in a manner prescribed by the Michigan Association
of Secondary School Principals in cooperation with the Michigan Association of
State Universities.
Sec. 289. (1) Not less than At least once every 4
years, the auditor general shall audit higher education institutional data
inventory (HEIDI) data submitted by all public universities under section 241
and may perform audits of selected public universities if determined necessary.
The audits shall be based upon the definitions, requirements, and uniform
reporting categories established by the state budget director in consultation
with the HEIDI advisory committee. The auditor general shall submit a report of
findings to the house and senate appropriations committees and the state budget
director no later than July 1 of each year an audit takes place.
(2) Student credit hours reports
shall not include the following:
(a) Student credit hours
generated through instructional activity by faculty or staff in classrooms
located outside Michigan, with the exception of instructional activity related
to study-abroad programs or field programs.
(b) Student credit hours generated
through distance learning instruction for students not eligible for the public
university s in-state main campus resident tuition rate. However, in instances
where a student is enrolled in distance education and non-distance education
credit hours in a given term and the student s non-distance education
enrollment is at a campus or site located within Michigan, student credit hours
per the student s eligibility for in-state or out-of-state tuition rates may be
reported.
(b) (c) Student credit hours generated
through credit by examination.
(d) Student credit hours generated
through inmate prison programs regardless of teaching location.
(c) (e) Student credit hours generated in
new degree programs created on or after January 1, 1975 and before January 1,
2013, that were not specifically authorized for funding by the legislature,
except spin-off programs converted from existing core programs, and student
credit hours generated in any new degree programs created after January 1,
2013, that are specifically excluded from reporting by the legislature under
this section.
(3) Distance learning instruction
as used in subsection (2) means instruction that occurs solely in other than a
traditional classroom setting where the student and instructor are in the same
physical location and for which a student receives course credits and is
charged tuition and fees. Examples of distance learning instruction are
instruction delivered solely through the internet, cable television,
teleconference, or mail.
Enacting section 1. In accordance
with section 30 of article IX of the state constitution of 1963, total state
spending from state sources for higher education for fiscal year 2019-2020
under article III of the state school aid act of 1979, 1979 PA 94, MCL 388.1836
to 388.1891, is estimated at $1,557,518,600.00 and the amount of that state
spending from state sources to be paid to local units of government for fiscal
year 2019-2020 is estimated at $0.00.
Enacting section 2. This
amendatory act takes effect October 1, 2019.
Third: That the House and Senate
agree to the title of the bill to read as follows:
A bill to amend 1979 PA 94,
entitled An act to make appropriations to aid in the support of the public schools,
the intermediate school districts, community colleges, and public universities
of the state; to make appropriations for certain other purposes relating to
education; to provide for the disbursement of the appropriations; to authorize
the issuance of certain bonds and provide for the security of those bonds; to
prescribe the powers and duties of certain state departments, the state board
of education, and certain other boards and officials; to create certain funds
and provide for their expenditure; to prescribe penalties; and to repeal acts
and parts of acts. by amending sections 236, 236a, 236b, 236c, 237, 241, 245,
245a, 251, 252, 256, 263, 263a, 264, 265, 265a, 265b, 265c, 265d, 267, 268,
269, 270, 274, 274c, 276, 277, 278, 279, 280, 281, 282, 283, and 289 (MCL
388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1837, 388.1841, 388.1845,
388.1845a, 388.1851, 388.1852, 388.1856, 388.1863, 388.1863a, 388.1864,
388.1865, 388.1865a, 388.1865b, 388.1865c, 388.1865d, 388.1867, 388.1868,
388.1869, 388.1870, 388.1874, 388.1874c, 388.1876, 388.1877, 388.1878,
388.1879, 388.1880, 388.1881, 388.1882, 388.1883, and 388.1889), sections 236,
236a, 236b, 236c, 241, 245, 251, 252, 256, 263, 264, 265a, 267, 268, 269, 270,
274, 274c, 276, 277, 278, 279, 280, 281, 282, and 289 as amended and sections
245a, 265b, 265c, and 265d as added by 2018 PA 265, section 237 as amended by
2012 PA 201, sections 263a and 283 as amended by 2017 PA 108, and section 265
as amended by 2018 PA 586, and by adding section 275d.
Scott
VanSingel
Ann
M. Bollin
Conferees
for the House
Kim
LaSata
Jim
Stamas
Conferees
for the Senate
First Conference Report
The Committee of Conference on the
matters of difference between the two Houses concerning
House
Bill No. 4241, entitled
A bill to make appropriations for
the department of natural resources for the fiscal year ending September 30,
2020; and to provide for the expenditure of the appropriations.
Recommends:
First: That the Senate recede from
the Substitute of the Senate as passed by the Senate.
Second: That the House and Senate
agree to the Substitute of the House as passed by the House, amended to read as
follows:
A bill to make appropriations for
the department of natural resources for the fiscal year ending September 30,
2020; 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 natural resources for the fiscal year ending September 30,
2020, from the following funds:
DEPARTMENT OF NATURAL RESOURCES
APPROPRIATION SUMMARY
Full-time equated unclassified
positions......................................................... 6.0
Full-time equated classified
positions...................................................... 2,334.1
GROSS APPROPRIATION............................................................................... $ 439,717,700
[Please see the PDF version of this journal, if available, to view this image.]
Interdepartmental grant revenues:
Total interdepartmental grants and
intradepartmental transfers................................ 232,200
ADJUSTED GROSS APPROPRIATION............................................................ $ 439,485,500
Federal revenues:
Total federal revenues........................................................................................ 75,501,200
Special revenue funds:
Total local revenues........................................................................................... 0
Total private revenues........................................................................................ 7,431,600
Total other state restricted
revenues..................................................................... 309,567,700
State general fund/general purpose...................................................................... $ 46,985,000
FUND SOURCE SUMMARY
Full-time equated unclassified
positions......................................................... 6.0
Full-time equated classified positions...................................................... 2,334.1
GROSS APPROPRIATION............................................................................... $ 439,717,700
Interdepartmental grant revenues:
IDG, land acquisition
services-to-work orders....................................................... 232,200
Total interdepartmental grants and
intradepartmental transfers................................ 232,200
ADJUSTED GROSS APPROPRIATION............................................................ $ 439,485,500
Federal revenues:
Federal funds.................................................................................................... 72,434,800
Federal national forest timber
fund...................................................................... 902,600
Michigan state waterways fund,
federal................................................................ 1,843,800
State park improvement, federal.......................................................................... 320,000
Total federal revenues........................................................................................ 75,501,200
Special revenue funds:
Private funds..................................................................................................... 7,431,600
Total private revenues........................................................................................ 7,431,600
Cervidae licensing and inspection
fees................................................................. 139,400
Commercial forest fund...................................................................................... 27,200
Deer habitat reserve........................................................................................... 2,163,000
Fire equipment fund........................................................................................... 668,700
Fisheries settlement........................................................................................... 629,200
Forest development fund.................................................................................... 48,189,200
Forest land user charges..................................................................................... 262,700
Forest recreation account.................................................................................... 3,175,800
Game and fish protection fund............................................................................ 76,158,500
Invasive species fund......................................................................................... 100
Land exchange facilitation fund.......................................................................... 5,090,400
Local public recreation facilities
fund.................................................................. 2,204,000
Mackinac Island State Park fund......................................................................... 1,624,400
Mackinac Island State Park
operation fund........................................................... 129,100
MacMullan Conference Center
account................................................................ 1,178,600
Marine safety fund............................................................................................. 3,770,200
Michigan heritage publications
fund.................................................................... 22,300
Michigan historical center
operations fund........................................................... 809,600
Michigan natural resources trust
fund.................................................................. 1,345,700
Michigan state parks endowment
fund................................................................. 26,961,400
Michigan state waterways fund........................................................................... 30,351,300
Nongame wildlife fund....................................................................................... 490,800
Off-road vehicle safety education
fund................................................................. 234,600
Off-road vehicle trail improvement
fund.............................................................. 8,419,400
Park improvement fund...................................................................................... 66,998,400
Park improvement fund - Belle Isle
subaccount..................................................... 1,000,200
Permanent snowmobile trail
easement fund.......................................................... 700,000
Public use and replacement deed
fees................................................................... 28,600
Pure Michigan trails fund................................................................................... 200
[Please see the PDF version of this journal, if available, to view this image.]
Recreation improvement account......................................................................... 1,545,500
Recreation passport fees..................................................................................... 9,873,500
Snowmobile registration fee
revenue................................................................... 1,200,800
Snowmobile trail improvement
fund.................................................................... 9,966,300
Sportsmen against hunger fund........................................................................... 77,500
Turkey permit fees............................................................................................. 1,130,600
Waterfowl fees.................................................................................................. 120,800
Wildlife management public
education fund......................................................... 1,600,000
Wildlife resource protection
fund........................................................................ 1,179,300
Youth hunting and fishing
education and outreach fund......................................... 100,400
Total other state restricted
revenues..................................................................... 309,567,700
State general fund/general
purpose...................................................................... $ 46,985,000
Sec. 102. DEPARTMENTAL ADMINISTRATION
AND SUPPORT
Full-time equated unclassified
positions....................................................... 6.0
Full-time equated classified
positions....................................................... 121.1
Unclassified salaries 6.0 FTE
positions.............................................................. $ 824,200
Accounting service center................................................................................... 1,528,000
Executive direction 11.6 FTE
positions............................................................. 2,223,100
Finance and operations 105.5 FTE
positions...................................................... 17,014,000
Gifts and pass-through
transactions...................................................................... 5,000,000
Legal services 4.0 FTE positions...................................................................... 657,500
Natural resources commission............................................................................. 77,100
Property management........................................................................................ 4,032,300
GROSS APPROPRIATION............................................................................... $ 31,356,200
Appropriated from:
Interdepartmental grant
revenues:
IDG, land acquisition
services-to-work orders....................................................... 232,200
Federal revenues:
Federal funds.................................................................................................... 353,500
Special revenue funds:
Private funds..................................................................................................... 5,000,000
Deer habitat reserve........................................................................................... 160,500
Forest development fund.................................................................................... 2,927,200
Forest land user charges..................................................................................... 7,700
Forest recreation account.................................................................................... 54,100
Game and fish protection fund............................................................................ 7,317,800
Land exchange facilitation fund.......................................................................... 5,012,300
Local public recreation
facilities fund.................................................................. 204,000
Marine safety fund............................................................................................. 813,300
Michigan natural resources trust
fund.................................................................. 1,323,400
Michigan state parks endowment
fund................................................................. 1,341,800
Michigan state waterways fund........................................................................... 799,700
Nongame wildlife fund....................................................................................... 13,800
Off-road vehicle safety
education fund................................................................. 700
Off-road vehicle trail
improvement fund.............................................................. 208,700
Park improvement fund...................................................................................... 1,827,600
Public use and replacement deed
fees................................................................... 28,600
Recreation improvement account......................................................................... 84,900
Snowmobile registration fee
revenue................................................................... 50,100
Snowmobile trail improvement
fund.................................................................... 127,400
Sportsmen against hunger fund........................................................................... 500
Turkey permit fees............................................................................................. 79,800
Waterfowl fees.................................................................................................. 3,400
Wildlife resource protection
fund........................................................................ 43,200
State general fund/general
purpose...................................................................... $ 3,340,000
Sec. 103. DEPARTMENT INITIATIVES
Full-time equated classified
positions......................................................... 13.0
Great Lakes restoration
initiative......................................................................... $ 2,922,000
[Please see the PDF version of this journal, if available, to view this image.]
Invasive species prevention and
control 13.0 FTE positions................................. 5,056,900
GROSS APPROPRIATION............................................................................... $ 7,978,900
Appropriated from:
Federal revenues:
Federal funds.................................................................................................... 2,922,000
State general fund/general
purpose...................................................................... $ 5,056,900
Sec. 104. COMMUNICATION AND
CUSTOMER SERVICES
Full-time equated classified
positions....................................................... 137.3
Marketing and outreach 80.8 FTE
positions....................................................... $ 14,166,300
Michigan historical center 56.5
FTE positions.................................................... 6,975,200
Michigan wildlife council
campaign management................................................. 80,000
Michigan wildlife council media......................................................................... 936,000
Michigan wildlife council
messaging and implementation...................................... 448,000
Michigan wildlife council
research...................................................................... 136,000
GROSS APPROPRIATION............................................................................... $ 22,741,500
Appropriated from:
Federal revenues:
Federal funds.................................................................................................... 2,374,800
State park improvement, federal.......................................................................... 320,000
Special revenue funds:
Private funds..................................................................................................... 396,200
Forest development fund.................................................................................... 136,000
Forest recreation account.................................................................................... 16,900
Game and fish protection fund............................................................................ 8,466,800
Land exchange facilitation fund.......................................................................... 47,500
Marine safety fund............................................................................................. 36,100
Michigan heritage publications
fund.................................................................... 22,300
Michigan historical center
operations fund........................................................... 809,600
Michigan state parks endowment
fund................................................................. 91,800
Michigan state waterways fund........................................................................... 152,700
Nongame wildlife fund....................................................................................... 10,900
Off-road vehicle trail
improvement fund.............................................................. 38,500
Park improvement fund...................................................................................... 2,904,200
Recreation passport fees..................................................................................... 53,200
Snowmobile registration fee
revenue................................................................... 19,500
Snowmobile trail improvement
fund.................................................................... 45,600
Sportsmen against hunger fund........................................................................... 76,400
Wildlife management public
education fund......................................................... 1,600,000
Youth hunting and fishing
education and outreach fund......................................... 98,400
State general fund/general
purpose...................................................................... $ 5,024,100
Sec. 105. WILDLIFE DIVISION
Full-time equated classified
positions....................................................... 230.5
Natural resources heritage 9.0
FTE positions...................................................... $ 639,500
Wildlife management 221.5 FTE
positions........................................................ 45,581,200
GROSS APPROPRIATION............................................................................... $ 46,220,700
Appropriated from:
Federal revenues:
Federal funds.................................................................................................... 25,581,100
Special revenue funds:
Private funds..................................................................................................... 315,700
Cervidae licensing and
inspection fees................................................................. 86,000
Deer habitat reserve........................................................................................... 1,740,900
Forest development fund.................................................................................... 277,600
Game and fish protection fund............................................................................ 12,186,800
Nongame wildlife fund....................................................................................... 435,600
Turkey permit fees............................................................................................. 1,017,000
[Please see the PDF version of this journal, if available, to view this image.]
Waterfowl fees.................................................................................................. 114,100
State general fund/general purpose...................................................................... $ 4,465,900
Sec. 106. FISHERIES DIVISION
Full-time equated classified
positions........................................................ 223.5
Aquatic resource mitigation 2.0
FTE positions................................................... $ 629,300
Fish production 63.0 FTE positions................................................................... 10,419,400
Fisheries resource management 158.5
FTE positions.......................................... 21,369,700
GROSS APPROPRIATION............................................................................... $ 32,418,400
Appropriated from:
Federal revenues:
Federal funds.................................................................................................... 11,514,300
Special revenue funds:
Private funds..................................................................................................... 136,700
Fisheries settlement........................................................................................... 629,200
Game and fish protection fund............................................................................ 19,612,100
Invasive species fund......................................................................................... 100
State general fund/general purpose...................................................................... $ 526,000
Sec. 107. LAW ENFORCEMENT
Full-time equated classified
positions........................................................ 293.0
General law enforcement 293.0 FTE
positions................................................... $ 44,784,100
GROSS APPROPRIATION............................................................................... $ 44,784,100
Appropriated from:
Federal revenues:
Federal funds.................................................................................................... 6,648,100
Special revenue funds:
Cervidae licensing and inspection
fees................................................................. 53,400
Forest development fund.................................................................................... 45,400
Forest recreation account.................................................................................... 72,800
Game and fish protection fund............................................................................ 20,013,500
Marine safety fund............................................................................................. 1,349,900
Michigan state parks endowment
fund................................................................. 71,400
Michigan state waterways fund........................................................................... 21,700
Off-road vehicle safety education
fund................................................................. 156,300
Off-road vehicle trail improvement
fund.............................................................. 2,007,800
Park improvement fund...................................................................................... 72,800
Snowmobile registration fee
revenue................................................................... 723,400
Wildlife resource protection fund........................................................................ 1,094,000
State general fund/general purpose...................................................................... $ 12,453,600
Sec. 108. PARKS AND RECREATION
DIVISION
Full-time equated classified
positions........................................................ 967.2
Forest recreation and trails 61.7
FTE positions................................................... $ 7,131,100
MacMullan Conference Center 15.0
FTE positions............................................. 1,178,600
Recreational boating 174.9 FTE
positions.......................................................... 20,471,600
State parks 715.6 FTE positions........................................................................ 75,892,400
State park improvement revenue bonds
- debt service............................................ 1,197,500
GROSS APPROPRIATION............................................................................... $ 105,871,200
Appropriated from:
Federal revenues:
Federal funds.................................................................................................... 141,400
Michigan state waterways fund,
federal................................................................ 1,643,800
Special revenue funds:
Private funds..................................................................................................... 428,100
Forest recreation account.................................................................................... 2,990,000
MacMullan Conference Center
account................................................................ 1,178,600
Michigan state parks endowment
fund................................................................. 11,347,700
Michigan state waterways fund........................................................................... 18,830,800
Off-road vehicle safety education
fund................................................................. 7,200
[Please see the PDF version of this journal, if available, to view this image.]
Off-road vehicle trail improvement
fund.............................................................. 1,485,800
Park improvement fund...................................................................................... 60,807,800
Park improvement fund - Belle Isle
subaccount..................................................... 1,000,200
Pure Michigan trails fund................................................................................... 100
Recreation improvement account......................................................................... 504,600
Recreation passport fees..................................................................................... 320,300
Snowmobile registration fee
revenue................................................................... 16,100
Snowmobile trail improvement fund.................................................................... 1,628,500
State general fund/general purpose...................................................................... $ 3,540,200
Sec. 109. MACKINAC ISLAND STATE
PARK COMMISSION
Full-time equated classified
positions.......................................................... 17.0
Historical facilities system 13.0
FTE positions................................................... $ 1,827,100
Mackinac Island State Park
operations 4.0 FTE positions.................................... 335,000
GROSS APPROPRIATION............................................................................... $ 2,162,100
Appropriated from:
Special revenue funds:
Mackinac Island State Park fund......................................................................... 1,624,400
Mackinac Island State Park
operation fund........................................................... 129,100
State general fund/general purpose...................................................................... $ 408,600
Sec.
110. FOREST RESOURCES DIVISION
Full-time equated classified
positions........................................................ 331.5
Adopt-a-forest program...................................................................................... $ 25,000
Cooperative resource programs 11.0
FTE positions............................................ 1,580,300
Forest fire equipment......................................................................................... 931,500
Forest management and timber
market development 178.0 FTE positions............. 35,061,700
Forest management initiatives 8.5
FTE positions................................................ 881,400
IDG from forest
development fund to department of agriculture and rural development.... 997,300
Minerals management 20.0 FTE
positions......................................................... 2,915,600
Wildfire protection 114.0 FTE
positions............................................................ 14,320,200
GROSS APPROPRIATION............................................................................... $ 56,713,000
Appropriated from:
Federal revenues:
Federal funds.................................................................................................... 3,405,800
Federal national forest timber
fund...................................................................... 902,600
Special revenue funds:
Private funds..................................................................................................... 1,054,900
Commercial forest fund...................................................................................... 25,100
Fire equipment fund........................................................................................... 668,700
Forest development fund.................................................................................... 39,008,900
Forest land user charges..................................................................................... 231,100
Game and fish protection fund............................................................................ 1,996,600
Michigan state parks endowment
fund................................................................. 2,741,300
Michigan state waterways fund........................................................................... 52,700
State general fund/general purpose...................................................................... $ 6,625,300
Sec. 111. GRANTS
Dam management grant program......................................................................... $ 350,000
Deer habitat improvement
partnership initiative.................................................... 300,000
Federal - clean vessel act grants.......................................................................... 400,000
Federal - forest stewardship
grants....................................................................... 2,000,000
Federal - land and water
conservation fund payments............................................ 6,000,000
Federal - rural community fire
protection............................................................. 400,000
Federal - urban forestry grants............................................................................. 900,000
Fisheries habitat improvement
grants................................................................... 1,250,000
Grants to communities - federal
oil, gas, and timber payments................................ 3,450,000
Grants to counties - marine safety........................................................................ 3,074,700
National recreational trails.................................................................................. 3,901,400
[Please see the PDF version of this journal, if available, to view this image.]
Nonmotorized trail development
and maintenance grants....................................... 200,000
Off-road vehicle safety training
grants................................................................. 60,000
Off-road vehicle trail improvement
grants............................................................ 4,656,800
Recreation improvement fund
grants.................................................................... 907,100
Recreation passport local grants.......................................................................... 2,000,000
Snowmobile law enforcement
grants.................................................................... 380,100
Snowmobile local grants program....................................................................... 8,090,400
Trail easements................................................................................................. 700,000
Wildlife habitat improvement
grants.................................................................... 1,500,000
GROSS APPROPRIATION............................................................................... $ 40,520,500
Appropriated from:
Federal revenues:
Federal funds.................................................................................................... 18,618,800
Special revenue funds:
Private funds..................................................................................................... 100,000
Deer habitat reserve........................................................................................... 200,000
Game and fish protection fund............................................................................ 2,750,000
Local public recreation
facilities fund.................................................................. 2,000,000
Marine safety fund............................................................................................. 1,407,300
Off-road vehicle safety
education fund................................................................. 60,000
Off-road vehicle trail
improvement fund.............................................................. 4,656,800
Permanent snowmobile trail
easement fund.......................................................... 700,000
Recreation improvement account......................................................................... 907,100
Snowmobile registration fee
revenue................................................................... 380,100
Snowmobile trail improvement
fund.................................................................... 8,090,400
State general fund/general
purpose...................................................................... $ 650,000
Sec. 112. INFORMATION TECHNOLOGY
Information technology services
and projects........................................................ $ 10,526,100
GROSS APPROPRIATION............................................................................... $ 10,526,100
Appropriated from:
Special revenue funds:
Commercial forest fund...................................................................................... 2,100
Deer habitat reserve........................................................................................... 61,600
Forest development fund.................................................................................... 1,644,100
Forest land user charges..................................................................................... 23,900
Forest recreation account.................................................................................... 42,000
Game and fish protection fund............................................................................ 3,814,900
Land exchange facilitation fund.......................................................................... 30,600
Marine safety fund............................................................................................. 163,600
Michigan natural resources trust
fund.................................................................. 22,300
Michigan state parks endowment
fund................................................................. 1,367,400
Michigan state waterways fund........................................................................... 493,700
Nongame wildlife fund....................................................................................... 30,500
Off-road vehicle safety
education fund................................................................. 10,400
Off-road vehicle trail
improvement fund.............................................................. 21,800
Park improvement fund...................................................................................... 1,386,000
Pure Michigan trails fund................................................................................... 100
Recreation improvement account......................................................................... 48,900
Snowmobile registration fee
revenue................................................................... 11,600
Snowmobile trail improvement
fund.................................................................... 74,400
Sportsmen against hunger fund........................................................................... 600
Turkey permit fees............................................................................................. 33,800
Waterfowl fees.................................................................................................. 3,300
Wildlife resource protection
fund........................................................................ 42,100
Youth hunting and fishing
education and outreach................................................ 2,000
State general fund/general
purpose...................................................................... $ 1,194,400
[Please see the PDF version of this journal, if available, to view this image.]
Sec. 113. CAPITAL OUTLAY
(1) RECREATIONAL LANDS AND
INFRASTRUCTURE
Forest development infrastructure........................................................................ $ 4,150,000
State parks repair and maintenance...................................................................... 21,000,000
GROSS APPROPRIATION............................................................................... $ 25,150,000
Appropriated from:
Special revenue funds:
Forest development fund.................................................................................... 4,150,000
Michigan state parks endowment
fund................................................................. 10,000,000
Recreation passport fees..................................................................................... 9,500,000
State general fund/general purpose...................................................................... $ 1,500,000
(2) WATERWAYS BOATING PROGRAM
Local boating infrastructure
maintenance and improvements.................................. $ 3,000,000
State boating infrastructure
maintenance.............................................................. 8,075,000
GROSS APPROPRIATION............................................................................... $ 11,075,000
Appropriated from:
Federal revenues:
Federal funds.................................................................................................... 875,000
Michigan state waterways fund,
federal................................................................ 200,000
Special revenue funds:
Michigan state waterways fund........................................................................... 10,000,000
State general fund/general purpose...................................................................... $ 0
Sec. 114. ONE-TIME BASIS ONLY
APPROPRIATIONS
Wildlife and fisheries health
study....................................................................... $ 200,000
Wildlife management......................................................................................... 2,000,000
GROSS APPROPRIATION............................................................................... $ 2,200,000
Appropriated from:
State general fund/general purpose...................................................................... $ 2,200,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2019-2020
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, 2020 is
$356,552,700.00 and state spending from state resources to be paid to local
units of government for the fiscal year ending September 30, 2020 is
$8,122,200.00. The itemized statement below identifies appropriations from
which spending to local units of government will occur:
DEPARTMENT OF NATURAL RESOURCES
Dam management grants.................................................................................... $ 175,000
Fisheries habitat improvement
grants................................................................... 125,000
Grants to counties marine safety....................................................................... 1,407,300
Nonmotorized trail development and
maintenance grants....................................... 100,000
Off-road vehicle safety training
grants................................................................. 60,000
Off-road vehicle trail improvement
grants............................................................ 634,100
Recreation improvement fund grants.................................................................... 90,700
Recreation passport local grants.......................................................................... 2,000,000
Snowmobile law enforcement grants.................................................................... 380,100
Wildlife habitat improvement
grants.................................................................... 150,000
Local boating infrastructure
maintenance and improvements.................................. 3,000,000
TOTAL............................................................................................................ $ 8,122,200
Sec. 202. The appropriations
authorized under this part and part 1 are subject to the management and budget
act, 1984 PA 431,
Sec. 203. As used in this part and
part 1:
(a) Department means the
department of natural resources.
(b) Director means the director
of the department.
(c)
(d)
Sec.
204. The departments and agencies receiving appropriations in part 1 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.
205. 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 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, that are manufactured
or provided by Michigan businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec.
206. 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.
Sec. 207. The departments 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 total 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.
208. Funds appropriated in this part and 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 outside services that the attorney general authorizes.
Sec.
209. 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 prior 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 chairpersons of the senate and house appropriations
committees, and the senate and house fiscal agencies.
Sec.
210. In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $5,000,000.00 for state restricted contingency funds.
These funds are not available for expenditure until they have been transferred
to another line item in part 1 under section 393(2) of the management and
budget act, 1984 PA 431,
Sec.
211. 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.
212. 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 chairs, 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, 2019 and September 30, 2020.
Sec.
213. 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.
214. Total authorized appropriations from all sources under part 1 for legacy costs
for the fiscal year ending September 30, 2019 are estimated at $45,804,600.00.
From this amount, total agency appropriations for pension-related legacy costs
are estimated at $22,266,700.00. Total agency appropriations for retiree health
care legacy costs are estimated at $23,537,900.00.
Sec.
215. Appropriations of state restricted game and fish protection funds have
been made in the following amounts to the following departments and agencies:
Legislative auditor general.................................................................................. $ 32,000
Attorney general................................................................................................ 640,700
Department of technology,
management, and budget............................................. 491,400
Department of treasury....................................................................................... 3,010,500
Sec.
216. Pursuant to section 43703(3) of the natural resources and environmental
protection act, 1994 PA 451,
Sec.
220. The department shall not take disciplinary action against an employee for
communicating with a member of the legislature or his or her staff.
Sec.
221. The department may contract with or provide grants to local units of
government, institutions of higher education, or nonprofit organizations to
support activities authorized by appropriations in part 1. As used in this
section, contracts and grants include, but are not limited to, contracts and
grants for research, wildlife and fisheries management, forest management,
invasive species monitoring and control, and natural resource-related programs.
DEPARTMENT INITIATIVES
Sec.
251. From the amounts appropriated in part 1 for invasive species prevention
and control, the department shall allocate not less than $3,600,000.00 for
grants for the prevention, detection, eradication, and control of invasive
species.
DEPARTMENT SUPPORT SERVICES
Sec.
302. The department may charge land acquisition projects appropriated for the
fiscal year ending September 30, 2020, and for prior fiscal years, a standard
percentage fee to recover actual costs, and may use the revenue derived to
support the land acquisition service charges provided for in part 1.
Sec.
303. As appropriated in part 1, the department may charge both application fees
and transaction fees related to the exchange or sale of state-owned land or
rights in land authorized by part 21 of the natural resources and environmental
protection act, 1994 PA 451,
COMMUNICATION AND CUSTOMER SERVICES
Sec.
408. By October 21, the department shall submit to the senate and house
appropriations subcommittees on natural resources a report on all land transactions
approved by the natural resources commission in the fiscal year ending
September 30, 2019. For each land transaction, the report shall include the
size of the parcel, the county and municipality in which the parcel is located,
the dollar amount of the transaction, the fund source affected by the
transaction, and whether the transaction is by purchase, public auction,
transfer, exchange, or conveyance.
WILDLIFE DIVISION
Sec. 504. From the funds
appropriated in part 1, the department shall provide a report to the
legislature on the use of registration fees collected from privately owned
cervid operations. Appropriations in part 1 from cervidae licensing and
inspection fees shall be used only for work directly related to the regulation
of privately owned cervid operations in this state.
Sec. 506. The United States
Department of Agriculture, Wildlife Services, is encouraged to harvest all deer
during targeted removal required under the enhanced wildlife biosecurity
program.
FISHERIES DIVISION
Sec.
601. (1) From the appropriation in part 1 for aquatic resource mitigation, not
more than $758,000.00 shall be allocated for grants to watershed councils,
resource development councils, soil conservation districts, local governmental
units, and other nonprofit organizations for stream habitat stabilization and
soil erosion control.
(2)
The fisheries division in the department shall develop priority and cost
estimates for all projects recommended for grants under subsection (1).
Sec.
602. As a condition of expenditure of fisheries management appropriations under
part 1, the department of natural resources shall not impede the certification
process for water control structures on Michigan waterways. The department of
natural resources shall fund from funds appropriated in part 1 all
non-water-quality studies or requirements that the department requests of
either of the following:
(a)
The department of environmental quality as a condition for issuance of a
certification under section 401 of the federal water pollution control act, 33
(b)
The Federal Energy Regulatory Commission as a condition of licensing under the
federal power act, 16
Sec. 603. The department shall
produce an annual report detailing the performance of its fish hatcheries by
March 31.
FOREST RESOURCES DIVISION
Sec. 802. From the funds
appropriated in part 1, the department shall provide quarterly reports on the
number of acres of state forestland marked or treated for timber harvest to the
senate and house appropriations subcommittees on natural resources and the
standing committees of the senate and house of representatives with primary
responsibility for natural resources issues. The department shall complete and
deliver these reports by 45 days after the end of the fiscal quarter.
Sec. 803. In addition to the money
appropriated in part 1, the department may receive and expend money from
federal sources to provide response to wildfires as required by a compact with
the federal government. If additional expenditure authorization is required,
the department shall notify the state budget office that expenditure under this
section is required. The department shall notify the house and senate
appropriations subcommittees on natural resources and the house and senate fiscal
agencies by November 1 of the expenditures under this section during the fiscal
year ending September 30, 2019.
Sec. 807. (1) In addition to the
funds appropriated in part 1, there is appropriated from the disaster and
emergency contingency fund up to $800,000.00 to cover department costs related
to any disaster as defined in section 2 of the emergency management act, 1976
PA 390, MCL 30.402.
(2) Funds appropriated under
subsection (1) shall not be expended unless the state budget director recommends
the expenditure and the department notifies the house and senate committees on
appropriations. By December 1 each year, the department shall provide a report
to the senate and house fiscal agencies and the state budget office on the use
of the disaster and emergency contingency fund during the prior fiscal year.
(3) If Federal Emergency
Management Agency (FEMA) reimbursement is approved for costs paid from the
disaster and emergency contingency fund, the federal revenue shall be deposited
into the disaster and emergency contingency fund.
(4) Unexpended and unencumbered
funds remaining in the disaster and emergency contingency fund at the close of
the fiscal year shall not lapse to the general fund and shall be carried
forward and be available for expenditures in subsequent fiscal years.
LAW ENFORCEMENT
Sec. 901. The appropriation in
part 1 for snowmobile law enforcement grants shall be used by the department to
provide grants to county law enforcement agencies to enforce part 821 of the
natural resources and environmental protection act, 1994 PA 451,
Sec. 902. The department shall
provide a report on the marine safety grant program to the senate and house
appropriations subcommittees on natural resources and the senate and house
fiscal agencies by December 1. The report shall include the following
information for the preceding year: the total amount of revenue received for
watercraft registrations, the amount deposited into the marine safety fund, and
the expenditures made from the marine safety fund, including the amounts
expended for department administration, other state agencies, the law
enforcement division, and grants to counties. The report shall also include the
distribution methodology used by the department to distribute the marine safety
grants and a list of the grants and the amounts awarded by county.
GRANTS
Sec. 1001. Federal pass-through
funds to local institutions and governments that are received in amounts in
addition to those included in part 1 for grants to communities - federal oil,
gas, and timber payments and that do not require additional state matching
funds are appropriated for the purposes intended. By November 30, the
department shall report to the senate and house appropriations subcommittees on
natural resources, the senate and house fiscal agencies, and the state budget
director on all amounts appropriated under this section during the fiscal year
ending September 30, 2019.
Sec. 1002. The department shall
work with the waterways commission to develop a plan to incorporate grants for
state-designated water trails as part of the current waterways account grant
application program. Grant criteria shall be based in part on the qualifications
and criteria already established in the department s water trail designation
process.
CAPITAL OUTLAY
Sec. 1103. The appropriations in
part 1 for capital outlay shall be carried forward at the end of the fiscal
year consistent with section 248 of the management and budget act, 1984 PA 431,
ONE-TIME BASIS ONLY APPROPRIATIONS
Sec. 1202. From the funds
appropriated in part 1 for finance and operations, $35,000.00 is designated to
reimburse local units of government for qualifying costs related to lake level
assessments. The department may reimburse these costs without being compelled
to do so by a court of law.
Sec. 1203. The unexpended funds
appropriated in part 1 for wildlife management (one-time) are designated as a
work project appropriation, and any unencumbered or unallotted funds shall not
lapse at the end of the fiscal year and shall be available for expenditure for
projects under this section until the projects have been completed. The
following is in compliance with section 451a of the management and budget act,
1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is
to fund wildlife disease research.
(b) The project will be
accomplished by utilizing state employees or contracts with service providers,
or both.
(c) The total estimated cost of
the project is $2,000,000.00.
(d) The tentative completion date
is September 30, 2022.
Sec. 1206. (1) From the funds
appropriated in part 1 for wildlife and fisheries health study, the department
shall investigate the effect of PFAS contamination on Michigan s wildlife and
fisheries populations.
(2) As used in this section, PFAS
means perfluoroalkyl and polyfluoroalkyl substances.
Third: That the House and Senate
agree to the title of the bill to read as follows:
A bill to make appropriations for
the department of natural resources for the fiscal year ending September 30,
2020; and to provide for the expenditure of the appropriations.
Sue
Allor
Annette
Glenn
Conferees
for the House
Jon
Bumstead
Jim
Stamas
Conferees
for the Senate
First Conference Report
The Committee of Conference on
the matters of difference between the two Houses concerning
House
Bill No. 4242, entitled
A bill to amend 1979 PA 94,
entitled The state school aid act of 1979, by amending sections 4, 6, 8b, 11,
11a, 11j, 11k, 11m, 11s, 15, 20, 20d, 20f, 21h, 22a, 22b, 22d, 22m, 24, 24a,
25e, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 31j, 31n, 32d, 32p, 35a, 35b, 39, 39a,
41, 51a, 51c, 51d, 53a, 54, 54b, 54d, 56, 61a, 61b, 61c, 61d, 62, 64d, 65, 67,
74, 81, 94, 94a, 95a, 95b, 98, 99h, 99s, 99t, 99u, 99w, 99x, 101, 102d, 104,
104b, 104c, 104d, 107, 147, 147a, 147c, 147e, 152a, and 152b (MCL 388.1604,
388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m,
388.1611s, 388.1615, 388.1620, 388.1620d, 388.1620f, 388.1621h, 388.1622a,
388.1622b, 388.1622d, 388.1622m, 388.1624, 388.1624a, 388.1625e, 388.1625f,
388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f, 388.1631j,
388.1631n, 388.1632d, 388.1632p, 388.1635a, 388.1635b, 388.1639, 388.1639a,
388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1654b,
388.1654d, 388.1656, 388.1661a, 388.1661b, 388.1661c, 388.1661d, 388.1662,
388.1664d, 388.1665, 388.1667, 388.1674, 388.1681, 388.1694, 388.1694a,
388.1695a, 388.1695b, 388.1698, 388.1699h, 388.1699s, 388.1699t, 388.1699u,
388.1699w, 388.1699x, 388.1701, 388.1702d, 388.1704, 388.1704b, 388.1704c,
388.1704d, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1747e, 388.1752a, and
388.1752b), sections 4 and 8b as amended by 2017 PA 108, sections 6, 11, 31a,
31j, 32d, 35a, 35b, 39a, 99h, and 99u as amended and sections 31n, 99w, and 99x
as added by 2018 PA 586, sections 11a, 11j, 11k, 11m, 11s, 15, 20, 20d, 20f,
21h, 22a, 22b, 22d, 22m, 24, 24a, 25e, 25f, 26a, 26b, 26c, 31d, 31f, 32p, 39,
41, 51a, 51c, 51d, 53a, 54, 54b, 56, 61a, 61b, 61c, 62, 64d, 65, 67, 74, 81,
94, 94a, 95b, 98, 99s, 99t, 102d, 104, 104b, 104c, 104d, 107, 147, 147a, 147c,
147e, 152a, and 152b as amended and sections 54d and 61d as added by 2018 PA
265, section 95a as amended by 2015 PA 85, and section 101 as amended by 2019
PA 11, and by adding sections 32e, 35c, 35d, 35e, 54e, 61j, 67a, 67b, 97, 97a,
97b, and 99a; and to repeal acts and parts of acts.
Recommends:
First: That the Senate recede
from the Substitute of the Senate as passed by the Senate.
Second: That the House and Senate
agree to the Substitute of the House as passed by the House, amended to read as
follows:
A bill to amend 1979 PA 94,
entitled The state school aid act of 1979, by amending sections 4, 6, 8b, 11,
11a, 11j, 11k, 11m, 11s, 15, 18, 20, 20d, 20f, 21h, 22a, 22b, 22d, 22m, 22p,
24, 24a, 25e, 25f, 25g, 26a, 26b, 26c, 31a, 31b, 31d, 31f, 31j, 31n, 32d, 32p,
35a, 35b, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54b, 54d, 55, 56, 61a, 61b, 61c,
61d, 61f, 62, 64d, 65, 67, 74, 74a, 81, 94, 94a, 95a, 95b, 98, 99h, 99s, 99t,
99u, 99v, 99w, 99x, 101, 102d, 104, 104c, 104d, 107, 147, 147a, 147c, 147e,
152a, 152b, 160, 166, 166a, and 166b (MCL 388.1604, 388.1606, 388.1608b,
388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611s, 388.1615,
388.1618, 388.1620, 388.1620d, 388.1620f, 388.1621h, 388.1622a, 388.1622b,
388.1622d, 388.1622m, 388.1622p, 388.1624, 388.1624a, 388.1625e, 388.1625f,
388.1625g, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631b, 388.1631d,
388.1631f, 388.1631j, 388.1631n, 388.1632d, 388.1632p, 388.1635a, 388.1635b,
388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a,
388.1654, 388.1654b, 388.1654d, 388.1655, 388.1656, 388.1661a, 388.1661b,
388.1661c, 388.1661d, 388.1661f, 388.1662, 388.1664d, 388.1665, 388.1667,
388.1674, 388.1674a, 388.1681, 388.1694, 388.1694a, 388.1695a, 388.1695b,
388.1698, 388.1699h, 388.1699s, 388.1699t, 388.1699u, 388.1699v, 388.1699w,
388.1699x, 388.1701, 388.1702d, 388.1704, 388.1704c, 388.1704d, 388.1707,
388.1747, 388.1747a, 388.1747c, 388.1747e, 388.1752a, 388.1752b, 388.1760,
388.1766, 388.1766a, and 388.1766b), sections 4 and 8b as amended and section
160 as added by 2017 PA 108, sections 6, 11, 18, 31a, 31j, 32d, 35a, 35b, 39a,
99h, and 99u as amended and sections 31n, 61f, 74a, 99w, and 99x as added by
2018 PA 586, sections 11a, 11j, 11k, 11m, 11s, 15, 20, 20d, 20f, 21h, 22a, 22b,
22d, 22m, 24, 24a, 25e, 25f, 25g, 26a, 26b, 26c, 31b, 31d, 31f, 32p, 39, 41,
51a, 51c, 51d, 53a, 54, 54b, 55, 56, 61a, 61b, 61c, 62, 64d, 65, 67, 74, 81,
94, 94a, 95b, 98, 99s, 99t, 102d, 104, 104c, 104d, 107, 147, 147a, 147c, 147e,
152a, 152b, and 166b as amended and sections 22p, 54d, 61d, and 99v as added by
2018 PA 265, section 95a as amended by 2015 PA 85, section 101 as amended by
2019 PA 11, section 166 as amended by 2016 PA 249, and section 166a as amended
by 2004 PA 166, and by adding sections 28, 35c, 35d, 51f, 54e, 67a, 67b, 97,
97a, 99z, and 99bb; and to repeal acts and parts of acts.
The people of the state of
michigan enact:
Sec. 4. (1) Elementary pupil
means a pupil in membership in grades K to 8 in a district not maintaining
classes above the eighth grade or in grades K to 6 in a district maintaining
classes above the eighth grade
or a child enrolled and in regular attendance in a publicly funded
prekindergarten setting. For the purposes of calculating universal service fund
(e-rate) discounts, elementary pupil includes children enrolled in a
preschool program operated by a district in its facilities.
(2) Extended school year means
an educational program conducted by a district in which pupils must be enrolled
but not necessarily in attendance on the pupil membership count day in an
extended year program. The mandatory clock hours shall must be completed by each pupil not more than
365 calendar days after the pupil s first day of classes for the school year
prescribed. The department shall prescribe pupil, personnel, and other
reporting requirements for the educational program.
(3) Fiscal
year means the state fiscal year that commences October 1 and continues
through September 30.
(4) High school equivalency
certificate means a certificate granted for the successful completion of a
high school equivalency test.
(5) High school equivalency test
means the G.E.D. test developed by the GED Testing Service, the Test Assessing
Secondary Completion (TASC) developed by CTS/McGraw-Hill, the HISET test
developed by the Education Educational Testing
Service (ETS), or another comparable test approved by the department of talent and economic development.labor and economic opportunity.
(6) High school equivalency test
preparation program means a program that has high school level courses in
English language arts, social studies, science, and mathematics and that
prepares an individual to successfully complete a high school equivalency test.
(7) High school pupil means a
pupil in membership in grades 7 to 12, except in a district not maintaining
grades above the eighth grade.
Sec. 6. (1) Center program
means a program operated by a district or by an intermediate district for
special education pupils from several districts in programs for pupils with
autism spectrum disorder, pupils with severe cognitive impairment, pupils with
moderate cognitive impairment, pupils with severe multiple impairments, pupils
with hearing impairment, pupils with visual impairment, and pupils with
physical impairment or other health impairment. Programs for pupils with
emotional impairment housed in buildings that do not serve regular education
pupils also qualify. Unless otherwise approved by the department, a center
program either shall serve serves all constituent
districts within an intermediate district or shall serve serves several districts with less than 50%
of the pupils residing in the operating district. In addition, special
education center program pupils placed part-time in noncenter programs to
comply with the least restrictive environment provisions of section 1412 of the
individuals with disabilities education act, 20 USC 1412, may be considered
center program pupils for pupil accounting purposes for the time scheduled in
either a center program or a noncenter program.
(2) District and high school
graduation rate means the annual completion and pupil dropout rate that is
calculated by the center pursuant to nationally recognized standards.
(3) District and high school
graduation report means a report of the number of pupils, excluding adult
education participants, in the district for the immediately preceding school
year, adjusted for those pupils who have transferred into or out of the
district or high school, who leave high school with a diploma or other
credential of equal status.
(4) Membership , except as
otherwise provided in this article, means for a district, a public school
academy, or an intermediate district the sum of the product of .90 times the
number of full-time equated pupils in grades K to 12 actually enrolled and in
regular daily attendance on the pupil membership count day for the current
school year, plus the product of .10 times the final audited count from the
supplemental count day for the immediately preceding school year. A district s,
public school academy s, or intermediate district s membership shall be is adjusted as provided
under section 25e for pupils who enroll after the pupil membership count day in
a strict discipline academy operating under sections 1311b to 1311m of the
revised school code, MCL 380.1311b to 380.1311m. However, for a district that
is a community district, membership means the sum of the product of .90 times
the number of full-time equated pupils in grades K to 12 actually enrolled and
in regular daily attendance in the community district on the pupil membership
count day for the current school year, plus the product of .10 times the sum of
the final audited count from the supplemental count day of pupils in grades K
to 12 actually enrolled and in regular daily attendance in the community
district for the immediately preceding school year. plus the final audited count from the supplemental count
day of pupils in grades K to 12 actually enrolled and in regular daily
attendance in the education achievement system for the immediately preceding
school year. All pupil counts used in this subsection are as
determined by the department and calculated by adding the number of pupils
registered for attendance plus pupils received by transfer and minus pupils
lost as defined by rules promulgated by the superintendent, and as corrected by
a subsequent department audit. The amount of the foundation allowance for a
pupil in membership is determined under section 20. In making the calculation
of membership, all of the following, as applicable, apply to determining the
membership of a district, a public school academy, or an intermediate district:
(a) Except as otherwise provided
in this subsection, and pursuant to subsection (6), a pupil shall be is counted in
membership in the pupil s educating district or districts. An individual pupil
shall not be counted for more than a total of 1.0 full-time equated membership.
(b) If a pupil is educated in a
district other than the pupil s district of residence, if the pupil is not
being educated as part of a cooperative education program, if the pupil s
district of residence does not give the educating district its approval to
count the pupil in membership in the educating district, and if the pupil is
not covered by an exception specified in subsection (6) to the requirement that
the educating district must have the approval of the pupil s district of
residence to count the pupil in membership, the pupil shall not be is not counted in membership in any district.
(c) A special education pupil
educated by the intermediate district shall be is counted in membership in the intermediate
district.
(d) A pupil placed by a court or
state agency in an on-grounds program of a juvenile detention facility, a child
caring institution, or a mental health institution, or a pupil funded under
section 53a, shall be is counted in
membership in the district or intermediate district approved by the department
to operate the program.
(e) A pupil enrolled in the
Michigan Schools for the Deaf and Blind shall be is counted in membership in the pupil s
intermediate district of residence.
(f) A pupil enrolled in a career
and technical education program supported by a millage levied over an area
larger than a single district or in an area vocational-technical education
program established pursuant
to under section
690 of the revised school code, MCL 380.690, shall be is counted in membership only in the pupil s district of
residence.
(g) A pupil enrolled in a public
school academy shall be is counted in
membership in the public school academy.
(h) For the purposes of this
section and section 6a, for a cyber school, as defined in section 551 of the
revised school code, MCL 380.551, that is in compliance with section 553a of
the revised school code, MCL 380.553a, a pupil s participation in the cyber
school s educational program is considered regular daily attendance, and for a
district or public school academy, a pupil s participation in a virtual course
as defined in section 21f is considered regular daily attendance. For the
purposes of this subdivision, for a pupil enrolled in a cyber school and
utilizing sequential learning, participation means that term as defined in the
pupil accounting manual, section 5-o-d: requirements for counting pupils in
membership-subsection 10.
(i) For a new district or public
school academy beginning its operation after December 31, 1994, membership for
the first 2 full or partial fiscal years of operation shall be is determined as follows:
(i)
If operations begin before the pupil membership count day for the fiscal year,
membership is the average number of full-time equated pupils in grades K to 12
actually enrolled and in regular daily attendance on the pupil membership count
day for the current school year and on the supplemental count day for the
current school year, as determined by the department and calculated by adding
the number of pupils registered for attendance on the pupil membership count
day plus pupils received by transfer and minus pupils lost as defined by rules
promulgated by the superintendent, and as corrected by a subsequent department
audit, plus the final audited count from the supplemental count day for the
current school year, and dividing that sum by 2.
(ii)
If operations begin after the pupil membership count day for the fiscal year
and not later than the supplemental count day for the fiscal year, membership
is the final audited count of the number of full-time equated pupils in grades
K to 12 actually enrolled and in regular daily attendance on the supplemental
count day for the current school year.
(j) If a district is the
authorizing body for a public school academy, then, in the first school year in
which pupils are counted in membership on the pupil membership count day in the
public school academy, the determination of the district s membership shall exclude excludes from the
district s pupil count for the immediately preceding supplemental count day any
pupils who are counted in the public school academy on that first pupil
membership count day who were also counted in the district on the immediately
preceding supplemental count day.
(k) For an extended school year
program approved by the superintendent, a pupil enrolled, but not scheduled to
be in regular daily attendance, on a pupil membership count day, shall be is counted in
membership.
(l)
To be counted in membership, a pupil shall must meet the minimum age requirement to be
eligible to attend school under section 1147 of the revised school code, MCL
380.1147, or shall must be enrolled under
subsection (3) of that section, and shall must be less than 20 years of age on
September 1 of the school year except as follows:
(i)
A special education pupil who is enrolled and receiving instruction in a
special education program or service approved by the department, who does not
have a high school diploma, and who is less than 26 years of age as of
September 1 of the current school year shall be is counted in membership.
(ii)
A pupil who is determined by the department to meet all of the following may be
counted in membership:
(A) Is enrolled in a public
school academy or an alternative education high school diploma program, that is
primarily focused on educating pupils with extreme barriers to education, such
as being homeless as defined under 42 USC 11302.
(B) Had dropped out of school.
(C) Is less than 22 years of age
as of September 1 of the current school year.
(iii)
If a child does not meet the minimum age requirement to be eligible to attend
school for that school year under section 1147 of the revised school code, MCL
380.1147, but will be 5 years of age not later than December 1 of that school
year, the district may count the child in membership for that school year if
the parent or legal guardian has notified the district in writing that he or
she intends to enroll the child in kindergarten for that school year.
(m) An individual who has
achieved a high school diploma shall not be is not counted in membership. An individual who has
achieved a high school equivalency certificate shall not be is not counted in membership unless the
individual is a student with a disability as defined in R 340.1702 of the
Michigan Administrative Code. An individual participating in a job training
program funded under former section 107a or a jobs program funded under former
section 107b, administered by the department of talent and economic development,
labor and economic opportunity, or participating in any successor of either of those 2 programs,
shall not be is not counted in
membership.
(n) If a pupil counted in
membership in a public school academy is also educated by a district or
intermediate district as part of a cooperative education program, the pupil shall be is counted in
membership only in the public school academy unless a written agreement signed
by all parties designates the party or parties in which the pupil shall be is counted in
membership, and the instructional time scheduled for the pupil in the district
or intermediate district shall
be is included
in the full-time equated membership determination under subdivision (q) and
section 101. However, for pupils receiving instruction in both a public school
academy and in a district or intermediate district but not as a part of a
cooperative education program, the following apply:
(i)
If the public school academy provides instruction for at least 1/2 of the class
hours required under section 101, the public school academy shall receive receives as its
prorated share of the full-time equated membership for each of those pupils an amount
equal to 1 times the product of the hours of instruction the public school
academy provides divided by the number of hours required under section 101 for
full-time equivalency, and the remainder of the full-time membership for each
of those pupils shall be is allocated to the
district or intermediate district providing the remainder of the hours of
instruction.
(ii)
If the public school academy provides instruction for less than 1/2 of the
class hours required under section 101, the district or intermediate district
providing the remainder of the hours of instruction shall receive receives as its prorated share of the
full-time equated membership for each of those pupils an amount equal to 1
times the product of the hours of instruction the district or intermediate
district provides divided by the number of hours required under section 101 for
full-time equivalency, and the remainder of the full-time membership for each
of those pupils shall be is allocated to the
public school academy.
(o) An individual less than 16
years of age as of September 1 of the current school year who is being educated
in an alternative education program shall not be is not counted in membership if there are
also adult education participants being educated in the same program or
classroom.
(p) The department shall give a
uniform interpretation of full-time and part-time memberships.
(q) The
number of class hours used to calculate full-time equated memberships shall must be consistent with
section 101. In determining full-time equated memberships for pupils who are
enrolled in a postsecondary institution or for pupils
engaged in an internship or work experience under section 1279h of the revised
school code, MCL 380.1279h, a pupil shall not be is not considered to be less than a full-time
equated pupil solely because of the effect of his or her postsecondary
enrollment or engagement in the internship or work experience, including
necessary travel time, on the number of class hours provided by the district to
the pupil.
(r) Full-time equated memberships
for pupils in kindergarten shall
be are determined
by dividing the number of instructional hours scheduled and provided per year
per kindergarten pupil by the same number used for determining full-time
equated memberships for pupils in grades 1 to 12. However, to the extent
allowable under federal law, for a district or public school academy that
provides evidence satisfactory to the department that it used federal title I
money in the 2 immediately preceding school fiscal years to fund full-time
kindergarten, full-time equated memberships for pupils in kindergarten shall be are determined by
dividing the number of class hours scheduled and provided per year per
kindergarten pupil by a number equal to 1/2 the number used for determining
full-time equated memberships for pupils in grades 1 to 12. The change in the
counting of full-time equated memberships for pupils in kindergarten that took
effect for 2012-2013 is not a mandate.
(s) For a district or a public
school academy that has pupils enrolled in a grade level that was not offered
by the district or public school academy in the immediately preceding school
year, the number of pupils enrolled in that grade level to be counted in
membership is the average of the number of those pupils enrolled and in regular
daily attendance on the pupil membership count day and the supplemental count
day of the current school year, as determined by the department. Membership shall be is calculated by adding
the number of pupils registered for attendance in that grade level on the pupil
membership count day plus pupils received by transfer and minus pupils lost as
defined by rules promulgated by the superintendent, and as corrected by
subsequent department audit, plus the final audited count from the supplemental
count day for the current school year, and dividing that sum by 2.
(t) A pupil enrolled in a
cooperative education program may be counted in membership in the pupil s
district of residence with the written approval of all parties to the
cooperative agreement.
(u) If, as a result of a
disciplinary action, a district determines through the district s alternative
or disciplinary education program that the best instructional placement for a
pupil is in the pupil s home or otherwise apart from the general school
population, if that placement is authorized in writing by the district
superintendent and district alternative or disciplinary education supervisor,
and if the district provides appropriate instruction as described in this
subdivision to the pupil at the pupil s home or otherwise apart from the
general school population, the district may count the pupil in membership on a
pro rata basis, with the proration based on the number of hours of instruction
the district actually provides to the pupil divided by the number of hours
required under section 101 for full-time equivalency. For the purposes of this
subdivision, a district shall
be is considered
to be providing appropriate instruction if all of the following are met:
(i)
The district provides at least 2 nonconsecutive hours of instruction per week
to the pupil at the pupil s home or otherwise apart from the general school
population under the supervision of a certificated teacher.
(ii)
The district provides instructional materials, resources, and supplies that are
comparable to those otherwise provided in the district s alternative education
program.
(iii)
Course content is comparable to that in the district s alternative education
program.
(iv)
Credit earned is awarded to the pupil and placed on the pupil s transcript.
(v) If a pupil was enrolled in a
public school academy on the pupil membership count day, if the public school
academy s contract with its authorizing body is revoked or the public school
academy otherwise ceases to operate, and if the pupil enrolls in a district
within 45 days after the pupil membership count day, the department shall
adjust the district s pupil count for the pupil membership count day to include
the pupil in the count.
(w) For a public school academy
that has been in operation for at least 2 years and that suspended operations
for at least 1 semester and is resuming operations, membership is the sum of
the product of .90 times the number of full-time equated pupils in grades
K to 12 actually enrolled and in regular daily attendance on the first pupil
membership count day or supplemental count day, whichever is first, occurring
after operations resume, plus the product of .10 times the final audited count
from the most recent pupil membership count day or supplemental count day that
occurred before suspending operations, as determined by the superintendent.
(x) If a district s membership
for a particular fiscal year, as otherwise calculated under this subsection,
would be less than 1,550 pupils and the district has 4.5 or fewer pupils per
square mile, as determined by the department, and if the district does not
receive funding under section 22d(2), the district s membership shall be is considered to be the
membership figure calculated under this subdivision. If a district educates and
counts in its membership pupils in grades 9 to 12 who reside in a contiguous
district that does not operate grades 9 to 12 and if 1 or both of the affected
districts request the department to use the determination allowed under this
sentence, the department shall include the square mileage of both districts in
determining the number of pupils per square mile for each of the districts for
the purposes of this subdivision. The membership figure calculated under this
subdivision is the greater of the following:
(i)
The average of the district s membership for the 3-fiscal-year period ending
with that fiscal year, calculated by adding the district s actual membership
for each of those 3 fiscal years, as otherwise calculated under this
subsection, and dividing the sum of those 3 membership figures by 3.
(ii)
The district s actual membership for that fiscal year as otherwise calculated
under this subsection.
(y) Full-time equated memberships
for special education pupils who are not enrolled in kindergarten but are
enrolled in a classroom program under R 340.1754 of the Michigan Administrative
Code shall be are determined by
dividing the number of class hours scheduled and provided per year by 450.
Full-time equated memberships for special education pupils who are not enrolled
in kindergarten but are receiving early childhood special education services
under R 340.1755 or R 340.1862 of the Michigan Administrative Code shall be are determined by dividing the number of hours of
service scheduled and provided per year per-pupil by 180.
(z) A pupil of a district that
begins its school year after Labor Day who is enrolled in an intermediate
district program that begins before Labor Day shall not be is not considered to be less than a full-time
pupil solely due to instructional time scheduled but not attended by the pupil
before Labor Day.
(aa) For the first year in which
a pupil is counted in membership on the pupil membership count day in a middle
college program, the membership is the average of the full-time equated
membership on the pupil membership count day and on the supplemental count day
for the current school year, as determined by the department. If a pupil
described in this subdivision was counted in membership by the operating
district on the immediately preceding supplemental count day, the pupil shall be is excluded from the
district s immediately preceding supplemental count for the purposes of
determining the district s membership.
(bb) A district or public school
academy that educates a pupil who attends a United States Olympic Education
Center may count the pupil in membership regardless of whether or not the pupil
is a resident of this state.
(cc) A pupil
enrolled in a district other than the pupil s district of residence pursuant to under section 1148(2) of the revised school code, MCL
380.1148, shall be is counted in the
educating district.
(dd) For a pupil enrolled in a
dropout recovery program that meets the requirements of section 23a, the pupil shall be is counted as 1/12 of a
full-time equated membership for each month that the district operating the
program reports that the pupil was enrolled in the program and was in full
attendance. However, if the special membership counting provisions under this
subdivision and the operation of the other membership counting provisions under
this subsection result in a pupil being counted as more than 1.0 FTE in a
fiscal year, the payment made for the pupil under sections 22a and 22b shall must not be based on
more than 1.0 FTE for that pupil, and any portion of an FTE for that pupil
that exceeds 1.0 shall is instead be paid under
section 25g. The district operating the program shall report to the center the
number of pupils who were enrolled in the program and were in full attendance
for a month not later than 30 days after the end of the month. A district shall
not report a pupil as being in full attendance for a month unless both of the
following are met:
(i)
A personalized learning plan is in place on or before the first school day of
the month for the first month the pupil participates in the program.
(ii)
The pupil meets the district s definition under section 23a of satisfactory
monthly progress for that month or, if the pupil does not meet that definition
of satisfactory monthly progress for that month, the pupil did meet that
definition of satisfactory monthly progress in the immediately preceding month
and appropriate interventions are implemented within 10 school days after it is
determined that the pupil does not meet that definition of satisfactory monthly
progress.
(ee) A pupil participating in a
virtual course under section 21f shall be is counted in membership in the district
enrolling the pupil.
(ff) If a public school academy
that is not in its first or second year of operation closes at the end of a
school year and does not reopen for the next school year, the department shall
adjust the membership count of the district or other public school academy in
which a former pupil of the closed public school academy enrolls and is in
regular daily attendance for the next school year to ensure that the district
or other public school academy receives the same amount of membership aid for
the pupil as if the pupil were counted in the district or other public school
academy on the supplemental count day of the preceding school year.
(gg) If a special education pupil
is expelled under section 1311 or 1311a of the revised school code, MCL
380.1311 and 380.1311a, and is not in attendance on the pupil membership count
day because of the expulsion, and if the pupil remains enrolled in the district
and resumes regular daily attendance during that school year, the district s
membership shall be is adjusted to count
the pupil in membership as if he or she had been in attendance on the pupil
membership count day.
(hh) A pupil enrolled in a
community district shall be is counted in
membership in the community district.
(ii) A part-time pupil enrolled
in a nonpublic school in grades K to 12 in accordance with section 166b shall
not be counted as more than 0.75 of a full-time equated membership.
(jj) A district that borders
another state or a public school academy that operates at least grades 9 to 12
and is located within 20 miles of a border with another state may count in
membership a pupil who is enrolled in a course at a college or university that
is located in the bordering state and within 20 miles of the border with this
state if all of the following are met:
(i)
The pupil would meet the definition of an eligible student under the
postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to 388.524, if
the course were an eligible course under that act.
(ii)
The course in which the pupil is enrolled would meet the definition of an
eligible course under the postsecondary enrollment options act, 1996 PA 160,
MCL 388.511 to 388.524, if the course were provided by an eligible
postsecondary institution under that act.
(iii)
The department determines that the college or university is an institution
that, in the other state, fulfills a function comparable to a state university
or community college, as those terms are defined in section 3 of the
postsecondary enrollment options act, 1996 PA 160, MCL 388.513, or is an
independent nonprofit degree-granting college or university.
(iv)
The district or public school academy pays for a portion of the pupil s tuition
at the college or university in an amount equal to the eligible charges that
the district or public school academy would pay to an eligible postsecondary
institution under the postsecondary enrollment options act, 1996 PA 160, MCL
388.511 to 388.524, as if the course were an eligible course under that act.
(v)
The district or public school academy awards high school credit to a pupil who
successfully completes a course as described in this subdivision.
(kk) A pupil enrolled in a middle
college program may be counted for more than a total of 1.0 full-time equated
membership if the pupil is enrolled in more than the minimum number of
instructional days and hours required under section 101 and the pupil is
expected to complete the 5-year program with both a high school diploma and at
least 60 transferable college credits or is expected to earn an associate s
degree in fewer than 5 years.
(ll) If a district s or public school academy s
membership for a particular fiscal year, as otherwise calculated under this
subsection, includes pupils counted in membership who are enrolled under
section 166b, all of the following apply for
the purposes of this subdivision:
(i)
If the district s or public school academy s membership for pupils counted under
section 166b equals or exceeds 5% of the district s or public school academy s
membership for pupils not counted in membership under section 166b in the
immediately preceding fiscal year, then the growth in the district s or public
school academy s membership for pupils counted under section 166b must not
exceed 10%.
(ii)
If the district s or public school academy s membership for pupils counted
under section 166b is less than 5% of the district s or public school academy s
membership for pupils not counted in membership under section 166b in the
immediately preceding fiscal year, then the district s or public school academy s
membership for pupils counted under section 166b must not exceed the greater of
the following:
(A) 5% of the district s or
public school academy s membership for pupils not counted in membership under
section 166b.
(B) 10% more
than the district s or public school academy s membership for pupils counted
under section 166b in the immediately preceding
fiscal year.
(iii)
If 1 or more districts consolidate or are parties to an annexation, then the
calculations under subdivi sions (i) and (ii) must be applied to the combined total
membership for pupils counted in those districts for the fiscal year
immediately preceding the consolidation or annexation.
(mm) Beginning with the 2019-2020
school year, if a district, intermediate district, or public school academy
charges tuition for a pupil that resided out of state in the immediately
preceding school year, the pupil shall not be counted in membership in the
district, intermediate district, or public school academy.
(5) Public school academy means
that term as defined in section 5 of the revised school code, MCL 380.5.
(6) Pupil means an individual
in membership in a public school. A district must have the approval of the
pupil s district of residence to count the pupil in membership, except approval
by the pupil s district of residence is not required for any of the following:
(a) A nonpublic part-time pupil
enrolled in grades K to 12 in accordance with section 166b.
(b) A pupil receiving 1/2 or less
of his or her instruction in a district other than the pupil s district of
residence.
(c) A pupil enrolled in a public
school academy.
(d) A pupil enrolled in a
district other than the pupil s district of residence under an intermediate
district schools of choice pilot program as described in section 91a or former
section 91 if the intermediate district and its constituent districts have been
exempted from section 105.
(e) A pupil enrolled in a
district other than the pupil s district of residence if the pupil is enrolled
in accordance with section 105 or 105c.
(f) A pupil who has made an
official written complaint or whose parent or legal guardian has made an
official written complaint to law enforcement officials and to school officials
of the pupil s district of residence that the pupil has been the victim of a
criminal sexual assault or other serious assault, if the official complaint
either indicates that the assault occurred at school or that the assault was
committed by 1 or more other pupils enrolled in the school the pupil would
otherwise attend in the district of residence or by an employee of the district
of residence. A person who intentionally makes a false report of a crime to law
enforcement officials for the purposes of this subdivision is subject to
section 411a of the Michigan penal code, 1931 PA 328, MCL 750.411a, which
provides criminal penalties for that conduct. As used in this subdivision:
(i)
At school means in a classroom, elsewhere on school premises, on a school bus
or other school-related vehicle, or at a school-sponsored activity or event
whether or not it is held on school premises.
(ii)
Serious assault means an act that constitutes a felony violation of chapter
XI of the Michigan penal code, 1931 PA 328, MCL 750.81 to 750.90h, or that
constitutes an assault and infliction of serious or aggravated injury under
section 81a of the Michigan penal code, 1931 PA 328, MCL 750.81a.
(g) A pupil whose district of
residence changed after the pupil membership count day and before the
supplemental count day and who continues to be enrolled on the supplemental
count day as a nonresident in the district in which he or she was enrolled as a
resident on the pupil membership count day of the same school year.
(h) A pupil enrolled in an
alternative education program operated by a district other than his or her
district of residence who meets 1 or more of the following:
(i)
The pupil has been suspended or expelled from his or her district of residence
for any reason, including, but not limited to, a suspension or expulsion under
section 1310, 1311, or 1311a of the revised school code, MCL 380.1310,
380.1311, and 380.1311a.
(ii)
The pupil had previously dropped out of school.
(iii)
The pupil is pregnant or is a parent.
(iv)
The pupil has been referred to the program by a court.
(i) A pupil enrolled in the
Michigan Virtual School, for the pupil s enrollment in the Michigan Virtual
School.
(j) A pupil who is the child of a
person who works at the district or who is the child of a person who worked at
the district as of the time the pupil first enrolled in the district but who no
longer works at the district due to a workforce reduction. As used in this
subdivision, child includes an adopted child, stepchild, or legal ward.
(k) An expelled pupil who has
been denied reinstatement by the expelling district and is reinstated by
another school board under section 1311 or 1311a of the revised school code,
MCL 380.1311 and 380.1311a.
(l)
A pupil enrolled in a district other than the pupil s district of residence in
a middle college program if the pupil s district of residence and the enrolling
district are both constituent districts of the same intermediate district.
(m) A pupil enrolled in a
district other than the pupil s district of residence who attends a United
States Olympic Education Center.
(n) A pupil enrolled in a
district other than the pupil s district of residence pursuant to section
1148(2) of the revised school code, MCL 380.1148.
(o) A pupil who enrolls in a
district other than the pupil s district of residence as a result of the pupil s
school not making adequate yearly progress under the no child left behind act
of 2001, Public Law 107-110, or the every student succeeds act, Public Law
114-95.
However, except for pupils enrolled in the
youth challenge program at the site at which the youth challenge program
operated for 2015-2016, if a district educates pupils who reside in
another district and if the primary instructional site for those pupils is
established by the educating district after 2009-2010 and is located within the
boundaries of that other district, the educating district must have the
approval of that other district to count those pupils in membership.
(7) Pupil membership count day
of a district or intermediate district means:
(a) Except as provided in
subdivision (b), the first Wednesday in October each school year or, for a
district or building in which school is not in session on that Wednesday due to
conditions not within the control of school authorities, with the approval of
the superintendent, the immediately following day on which school is in session
in the district or building.
(b) For a district or
intermediate district maintaining school during the entire school year, the
following days:
(i)
Fourth Wednesday in July.
(ii)
First Wednesday in October.
(iii)
Second Wednesday in February.
(iv)
Fourth Wednesday in April.
(8) Pupils in grades K to 12 actually
enrolled and in regular daily attendance means pupils in grades K to 12 in
attendance and receiving instruction in all classes for which they are enrolled
on the pupil membership count day or the supplemental count day, as applicable.
Except as otherwise provided in this subsection, a pupil who is absent from any
of the classes in which the pupil is enrolled on the pupil membership count day
or supplemental count day and who does not attend each of those classes during
the 10 consecutive school days immediately following the pupil membership count
day or supplemental count day, except for a pupil who has been excused by the
district, shall not be is not counted as 1.0
full-time equated membership. A pupil who is excused from attendance on the pupil
membership count day or supplemental count day and who fails to attend each of
the classes in which the pupil is enrolled within 30 calendar days after
the pupil membership count day or supplemental count day shall not be is not counted as 1.0
full-time equated membership. In addition, a pupil who was enrolled and in
attendance in a district, intermediate district, or public school academy
before the pupil membership count day or supplemental count day of a particular
year but was expelled or suspended on the pupil membership count day or
supplemental count day shall
is only
be counted as
1.0 full-time equated membership if the pupil resumed attendance in the
district, intermediate district, or public school academy within 45 days after
the pupil membership count day or supplemental count day of that particular
year. Pupils A pupil not counted as
1.0 full-time equated membership due to an absence from a class shall be is counted as a
prorated membership for the classes the pupil attended. For purposes of this
subsection, class means a period of time in 1 day when pupils and a
certificated teacher, a teacher engaged to teach under section 1233b of the
revised school code, MCL 380.1233b, or an individual working under a valid
substitute permit, authorization, or approval issued by the department, are
together and instruction is taking place.
(9) Rule means a rule
promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306,
MCL 24.201 to 24.328.
(10) The revised school code
means the revised school code, 1976 PA 451, MCL 380.1 to 380.1852.
(11) School district of the
first class , first class school district , and district of the first class
mean, for the purposes of this article only, a district that had at least
40,000 pupils in membership for the immediately preceding fiscal year.
(12) School fiscal year means a
fiscal year that commences July 1 and continues through June 30.
(13) State board means the
state board of education.
(14) Superintendent , unless the
context clearly refers to a district or intermediate district superintendent,
means the superintendent of public instruction described in section 3 of
article VIII of the state constitution of 1963.
(15) Supplemental count day
means the day on which the supplemental pupil count is conducted under section
6a.
(16) Tuition pupil means a
pupil of school age attending school in a district other than the pupil s
district of residence for whom tuition may be charged to the district of
residence. Tuition pupil does not include a pupil who is a special education
pupil, a pupil described in subsection (6)(c) to (o), or a pupil whose parent
or guardian voluntarily enrolls the pupil in a district that is not the pupil s
district of residence. A pupil s district of residence shall not require a high
school tuition pupil, as provided under section 111, to attend another school
district after the pupil has been assigned to a school district.
(17) State school aid fund
means the state school aid fund established in section 11 of article IX of the
state constitution of 1963.
(18) Taxable value means the
taxable value of property as determined under section 27a of the general
property tax act, 1893 PA 206, MCL 211.27a.
(19) Textbook means a book,
electronic book, or other instructional print or electronic resource that is
selected and approved by the governing board of a district and that contains a
presentation of principles of a subject, or that is a literary work relevant to
the study of a subject required for the use of classroom pupils, or another
type of course material that forms the basis of classroom instruction.
(20) Total state aid or total
state school aid means the total combined amount of all funds due to a
district, intermediate district, or other entity under this article.
Sec. 8b. (1) The department shall
work with the center to assign
a district code to each public school academy that is authorized under the
revised school code and is eligible to receive funding under this article
within 30 days after a contract is submitted to the department by the
authorizing body of a public school academy.
(2) If the department or the center does not
assign a district code to a public school academy within the 30-day period
described in subsection (1), the district code to be used by the department shall use to make
payments under this article to the newly authorized public school academy shall be is a number that is
equivalent to the sum of the last district code assigned to a public school
academy located in the same county as the newly authorized public school
academy plus 1. However, if there is not an existing public school academy
located in the same county as the newly authorized public school academy, then
the district code to be used by
the department shall
use to make payments under this article to the newly authorized
public school academy shall
be is a
5-digit number that has the county code in which the public school academy is
located as its first 2 digits, 9 as its third digit, 0 as its fourth digit, and
1 as its fifth digit. If the number of public school academies in a county
grows to exceed 100, the third digit in this 5-digit number shall then be is 7 for the public
school academies in excess of 100. If the number of public school academies in a county grows to exceed
200, then the third digit in this 5-digit number is 5 for the public school
academies in excess of 200.
(3) For each school of excellence
that is a cyber school and
is authorized under part 6e of the revised school code, MCL
380.551 to 380.561, by a
school district, intermediate school district, community college other than a
federal tribally controlled community college, or other authorizing body that
is not empowered to authorize a school of excellence to operate statewide and that is eligible to
receive funding under this article, all of the following apply:
(a) The department shall assign a
district code that includes as the first 2 digits the county code in which the
authorizing body is located.
(b) If the cyber school does not
provide instruction at a specific location, the intermediate district that would normally provide
programs and services to the school district all of the following apply:
(i) If the cyber school is
authorized by an intermediate district board, the cyber school is assigned to
the jurisdiction of that intermediate district.
(ii) If the cyber school is
authorized by a district board, the cyber school is assigned to the
jurisdiction of the intermediate district in which the district is located.
(iii) If the cyber school is
authorized by the board of a community college or governing board of a state
public university, the cyber school is assigned to the jurisdiction of the
intermediate district in
which the administrative office of the cyber school is located. shall provide programs and
services to the cyber school.
(c) The intermediate school district required to
provide programs and services to district s jurisdiction to which a cyber
school is assigned
under this subdivision subsection remains the
same for as long as that cyber school is in operation unless the cyber school experiences a change in its
authorizing body.
If a change in the
authorizing body of a cyber school described under subdivision (b) occurs,
subdivision (b) must be applied to account for
the change and the cyber school must be reassigned to the jurisdiction of the
applicable intermediate district, as required under subdivision (b).
Sec. 11. (1) For the fiscal year ending
September 30, 2018, there is appropriated for the public schools of this state
and certain other state purposes relating to education the sum of $12,682,127,200.00
from the state school aid fund, the sum of $78,500,000.00 from the general
fund, an amount not to exceed $72,000,000.00 from the community district
education trust fund created under section 12 of the Michigan trust fund act,
2000 PA 489, MCL 12.262, an amount not to exceed $23,100,000.00 from the MPSERS
retirement obligation reform reserve fund, and an amount not to exceed $100.00
from the water emergency reserve fund. For the fiscal year ending
September 30, 2019, there is appropriated for the public schools of this state
and certain other state purposes relating to education the sum of $12,876,825,200.00 $12,845,140,200.00 from
the state school aid fund, the sum of $87,920,000.00 from the general fund, an
amount not to exceed $72,000,000.00
$72,200,000.00
from the community district education trust fund created under section 12 of
the Michigan trust fund act, 2000 PA 489, MCL 12.262, an amount not to exceed $31,900,000.00 $30,000,000.00 from the
MPSERS retirement obligation reform reserve fund, an amount not to exceed
$30,000,000.00 from the school mental health and support services fund created
under section 31m, and an amount not to exceed $100.00 from the water emergency
reserve fund. For the fiscal
year ending September 30, 2020, there is appropriated for the public schools of
this state and certain other state purposes relating to education the sum of
$13,293,465,000.00 from the state school aid fund, the sum of $45,000,000.00
from the general fund, an amount not to exceed $75,400,000.00 from the
community district education trust fund created under section 12 of the
Michigan trust fund act, 2000 PA 489, MCL 12.262, an amount not to exceed
$1,900,000.00 from the MPSERS retirement obligation reform reserve fund, an
amount not to exceed $40,000,000.00 from the talent investment fund created
under section 8a of the higher education loan authority act, 1975 PA 222, MCL
390.1158a, and an amount not to exceed $100.00 from the water emergency reserve
fund. In addition, all available federal funds are appropriated
each fiscal year for the fiscal years ending September 30, 2018 2019 and September 30, 2019.2020.
(2) The appropriations under this
section shall be are allocated as
provided in this article. Money appropri ated under this section from the
general fund shall must be expended to
fund the purposes of this article before the expenditure of money appropriated
under this section from the state school aid fund.
(3) Any general fund allocations
under this article that are not expended by the end of the state fiscal year
are transferred to the school aid stabilization fund created under section 11a.
Sec. 11a. (1) The school aid
stabilization fund is created as a separate account within the state school aid
fund. established by section 11 of
article IX of the state constitution of 1963.
(2) The state treasurer may
receive money or other assets from any source for deposit into the school aid
stabilization fund. The state treasurer shall deposit into the school aid
stabilization fund all of the following:
(a) Unexpended and unencumbered
state school aid fund revenue for a fiscal year that remains in the state
school aid fund as of the bookclosing for that fiscal year.
(b) Money statutorily dedicated
to the school aid stabilization fund.
(c) Money appropriated to the
school aid stabilization fund.
(3) Money available in the school
aid stabilization fund may not be expended without a specific appropriation
from the school aid stabilization fund. Money in the school aid stabilization
fund shall must be expended only
for purposes for which state school aid fund money may be expended.
(4) The state treasurer shall
direct the investment of the school aid stabilization fund. The state treasurer
shall credit to the school aid stabilization fund interest and earnings from
fund investments.
(5) Money in the school aid
stabilization fund at the close of a fiscal year shall remain remains in the school aid stabilization fund
and shall does not lapse to the
unreserved school aid fund balance or the general fund.
(6) If the maximum amount
appropriated under section 11 from the state school aid fund for a fiscal year
exceeds the amount available for expenditure from the state school aid fund for
that fiscal year, there is appropriated from the school aid stabilization fund
to the state school aid fund an amount equal to the projected shortfall as
determined by the department of treasury, but not to exceed available money in
the school aid stabilization fund. If the money in the school aid stabilization
fund is insufficient to fully fund an amount equal to the projected shortfall,
the state budget director shall notify the legislature as required under
section 296(2) and state payments in an amount equal to the remainder of the
projected shortfall shall must be prorated in the
manner provided under section 296(3).
(7) For 2018-2019, 2019-2020, in addition to the appropriations
in section 11, there is appropriated from the school aid stabilization fund to
the state school aid fund the amount necessary to fully fund the allocations
under this article.
Sec. 11j. From the appropriation
in section 11, there is allocated an amount not to exceed $125,500,000.00 $111,000,000.00 for 2018-2019 2019-2020 for payments
to the school loan bond redemption fund in the department of treasury on behalf
of districts and intermediate districts. Notwithstanding section 296 or any
other provision of this act, funds allocated under this section are not subject
to proration and shall must be paid in full.
Sec. 11k. For 2018-2019, 2019-2020, there is
appropriated from the general fund to the school loan revolving fund an amount
equal to the amount of school bond loans assigned to the Michigan finance
authority, not to exceed the total amount of school bond loans held in reserve
as long-term assets. As used in this section, school loan revolving fund
means that fund created in section 16c of the shared credit rating act, 1985 PA
227, MCL 141.1066c.
Sec. 11m. From the appropriation
in section 11, there is allocated for 2017-2018 2018-2019 an amount not to exceed $18,000,000.00 $57,000,000.00 and
there is allocated for 2018-2019
2019-2020 an
amount not to exceed $24,000,000.00
$66,000,000.00 for
fiscal year cash-flow borrowing costs solely related to the state school aid
fund established by section 11 of article IX of the state constitution of 1963.
Sec. 11s. (1) From the general fund appropriation state school aid fund money
appropriated in section 11, there is allocated $3,230,000.00 for 2018-2019 $8,075,000.00 for 2019-2020 for
the purpose of providing services and programs to children who reside within
the boundaries of a district with the majority of its territory located within
the boundaries of a city for which an executive proclamation of emergency is
issued in the current or immediately preceding 3 fiscal years under the
emergency management act, 1976 PA 390, MCL 30.401 to 30.421. From the funding
appropriated in section 11, there is allocated for fiscal year 2018-2019 2019-2020 $100.00 from the water emergency
reserve fund for the purposes of this section.
(2) From the allocation in
subsection (1), there is allocated to a district with the majority of its
territory located within the boundaries of a city in which an executive
proclamation of emergency is issued in the current or immediately preceding 3 4 fiscal years and that
has at least 4,500 pupils in membership for the 2016-2017 fiscal year or has at
least 4,000 pupils in membership for a fiscal year after 2016-2017, an amount
not to exceed $2,625,000.00
for 2018-2019 $2,425,000.00
for 2019-2020 for the purpose of employing school nurses,
classroom aides, and school social workers. The district shall provide a report
to the department in a form, manner, and frequency prescribed by the
department. The department shall provide a copy of that report to the governor,
the house and senate school aid subcommittees, the house and senate fiscal
agencies, and the state budget director within 5 days after receipt. The report
shall must provide at least
the following information:
(a) How many personnel were hired
using the funds allocated under this subsection.
(b) A description of the services
provided to pupils by those personnel.
(c) How many pupils received each
type of service identified in subdivision (b).
(d) Any other information the
department considers necessary to ensure that the children described in
subsection (1) received appropriate levels and types of services.
(3) For 2018-2019 2019-2020 only, from the allocation in
subsection (1), there is allocated an amount not to exceed $0.00 $4,000,000.00 to an
intermediate district that has a constituent district described in subsection
(2) to provide state early intervention services for children described in
subsection (1) who are less
than 4 years of age as of September 1, 2016. between age 3 and age 5. The
intermediate district shall use these funds to provide state early intervention
services that are similar to the services described in the early on Michigan
state plan, including ensuring that all children described in subsection (1)
who are less than 4 years of age as of September 1, 2016 are assessed and
evaluated at least twice annually.
(4) From the allocation in
subsection (1), there is allocated an amount not to exceed $1,000,000.00 for
2019-2020 to the intermediate district described in subsection (3) to enroll
children described in subsection (1) in school-day great start readiness
programs, regardless of household income eligibility requirements contained in
section 32d. The department shall administer this funding consistent with all
other provisions that apply to great start readiness programs under sections
32d and 39.
(5) (4) For 2018-2019, 2019-2020, from the allocation in subsection
(1), there is allocated an amount not to exceed $605,000.00 $650,000.00 for nutritional services to
children described in subsection (1).
(6) (5) In addition to other funding
allocated and appropriated in this section, there is appropriated an amount not
to exceed $15,000,000.00 $5,000,000.00 for fiscal year 2018-2019 2019-2020 for state
restricted contingency funds. These
contingency funds are not available for expenditure until they have been
transferred to a section within this article under section 393(2) of the management
and budget act, 1984 PA 431, MCL 18.1393.
(7) (6) Notwithstanding section 17b, the department shall make payments
under this section shall be
paid on a schedule determined by the department.
Sec. 15. (1) If a district or
intermediate district fails to receive its proper apportionment, the
department, upon satisfactory proof that the district or intermediate district
was entitled justly, shall apportion the deficiency in the next apportionment.
Subject to subsections (2) and (3), (5), if
a district or intermediate district has received more than its proper
apportionment, the department, upon satisfactory proof, shall deduct the excess
in the next apportionment. Notwithstanding any other provision in this article,
state aid overpayments to a district, other than overpayments in payments for
special education or special education transportation, may be recovered from
any payment made under this article other than a special education or special
education transportation payment, from the proceeds of a loan to the district
under the emergency municipal loan act, 1980 PA 243, MCL 141.931 to 141.942, or
from the proceeds of millage levied or pledged under section 1211 of the
revised school code, MCL 380.1211. State aid overpayments made in special
education or special education transportation payments may be recovered from
subsequent special education or special education transportation payments, from
the proceeds of a loan to the district under the emergency municipal loan act,
1980 PA 243, MCL 141.931 to 141.942, or from the proceeds of millage levied or
pledged under section 1211 of the revised school code, MCL 380.1211.
(2) If Except for a pupil who is counted in membership under
section 6(4)(ii) and who meets all the requirements under section 21f, if applicable,
if the result of an audit conducted by or for the department
affects the current fiscal year membership, the department shall adjust affected payments
shall be adjusted in
the current fiscal year. A deduction due to an adjustment made as a result of
an audit conducted by or for the department, or as a result of information
obtained by the department from the district, an intermediate district, the
department of treasury, or the office of auditor general, shall must be deducted from
the district s apportionments when the adjustment is finalized. At the request
of the district and upon the district presenting evidence satisfactory to the department of the hardship, the department
may grant up to an additional 9
4 years
for the adjustment and may advance payments to the district otherwise
authorized under this article if the district would otherwise experience a
significant hardship in satisfying its financial obligations. However, a district that has
presented satisfactory evidence of hardship and is undergoing an extended
adjustment during 2018-2019 may continue to use the period of extended
adjustment as originally granted by the department.
(3) Beginning in 2018-2019, if an
intermediate district completes and certifies an audit of a constituent
district s membership for pupils counted in membership under section 6(4)(ii)
who meet all of the requirements under section 21f, as applicable, and if the
result of an audit conducted by or for the department would otherwise reduce
the district s membership for the counting of those pupils, both of the
following apply:
(a) The department shall not
reduce the district s membership for the fiscal year in which, due to the audit
findings from the audit conducted by or for the department, there would have
been a reduction in the district s membership.
(b) The department shall notify
the district of corrective action that must be taken by the district before the
start of the next school fiscal year following the fiscal year in which the
department determined the audit findings that would have resulted in the
reduction in the district s membership but for the operation of subdivision
(a).
(4) In the
fiscal year following the fiscal year in which audit findings described under
subsection (3)(b) were
determined by the department, if a district has not taken the corrective action
required under subsection (3)(b) and if an audit conducted by or for the
department results in a reduction in the district s membership for pupils
described under subsection (3), the department may reduce the district s
membership of those pupils by the amount of the disallowance noted in that
audit finding.
(5) (3) If, based on an audit by the
department or the department s designee or because of new or updated information
received by the department, the department determines that the amount paid to a
district or intermediate district under this article for the current fiscal
year or a prior fiscal year was incorrect, the department shall make the
appropriate deduction or payment in the district s or intermediate district s
allocation in the next apportionment after the adjustment is finalized. The department shall calculate the deduction
or payment shall be
calculated according to the law in effect in the fiscal year in
which the incorrect amount was paid. If the district does not receive an
allocation for the fiscal year or if the allocation is not sufficient to pay
the amount of any deduction, the amount of any deduction otherwise applicable shall must be satisfied from
the proceeds of a loan to the district under the emergency municipal loan act,
1980 PA 243, MCL 141.931 to 141.942, or from the proceeds of millage levied or
pledged under section 1211 of the revised school code, MCL 380.1211, as
determined by the department.
(6) If the department makes an
adjustment under this section based in whole or in part on a membership audit
finding that a district or intermediate district employed an educator in
violation of certification requirements under the revised school code and rules
promulgated by the department, the department shall prorate the adjustment
according to the period of noncompliance with the certification requirements.
(7) (4) The department may conduct
audits, or may direct audits by designee of the department, for the current
fiscal year and the immediately preceding fiscal year of all records related to
a program for which a district or intermediate district has received funds
under this article.
(8) (5) Expenditures made by the
department under this article that are caused by the write-off of prior year
accruals may be funded by revenue from the write-off of prior year accruals.
(9) (6) In addition to funds appropriated
in section 11 for all programs and services, there is appropriated for 2018-2019 2019-2020 for
obligations in excess of applicable appropriations an amount equal to the
collection of overpayments, but not to exceed amounts available from
overpayments.
Sec. 18. (1) Except as provided
in another section of this article, each district or other entity shall apply
the money received by the district or entity under this article to salaries and
other compensation of teachers and other
employees, tuition, transportation, lighting, heating, ventilation, water
service, the purchase of textbooks, other supplies, and any other school
operating expenditures defined in section 7. However, not more than 20% of the
total amount received by a district under sections 22a and 22b or received by
an intermediate district under section 81 may be transferred by the board to
either the capital projects fund or to the debt retirement fund for debt
service. The money shall not
be applied or taken A district or other entity shall not apply or take the money for
a purpose other than as provided in this section. The department shall
determine the reasonableness of expenditures and may withhold from a recipient
of funds under this article the apportionment otherwise due upon a violation by
the recipient.
(2) A district or intermediate
district shall adopt an annual budget in a manner that complies with the
uniform budgeting and accounting act, 1968 PA 2, MCL 141.421 to 141.440a.
Within 15 days after a district board adopts its annual operating budget for
the following school fiscal year, or after a district board adopts a subsequent
revision to that budget, the district shall make all of the following available
through a link on its website homepage, or may make the information available
through a link on its intermediate district s website homepage, in a form and
manner prescribed by the department:
(a) The annual operating budget
and subsequent budget revisions.
(b) Using data that have already
been collected and submitted to the department, a summary of district
expenditures for the most recent fiscal year for which they are available,
expressed in the following 2 visual displays:
(i)
A chart of personnel expenditures, broken into the following subcategories:
(A) Salaries and wages.
(B) Employee benefit costs,
including, but not limited to, medical, dental, vision, life, disability, and
long-term care benefits.
(C) Retirement benefit costs.
(D) All other personnel costs.
(ii)
A chart of all district expenditures, broken into the following subcategories:
(A) Instruction.
(B) Support services.
(C) Business and administration.
(D) Operations and maintenance.
(c) Links to all of the
following:
(i)
The current collective bargaining agreement for each bargaining unit.
(ii)
Each health care benefits plan, including, but not limited to, medical, dental,
vision, disability, long-term care, or any other type of benefits that would
constitute health care services, offered to any bargaining unit or employee in
the district.
(iii)
The audit report of the audit conducted under subsection (4) for the most
recent fiscal year for which it is available.
(iv)
The bids required under section 5 of the public employees health benefit act,
2007 PA 106, MCL 124.75.
(v)
The district s written policy governing procurement of supplies, materials, and
equipment.
(vi)
The district s written policy establishing specific categories of reimbursable
expenses, as described in section 1254(2) of the revised school code, MCL
380.1254.
(vii)
Either the district s accounts payable check register for the most recent
school fiscal year or a statement of the total amount of expenses incurred by
board members or employees of the district that were reimbursed by the district
for the most recent school fiscal year.
(d) The total salary and a
description and cost of each fringe benefit included in the compensation
package for the superintendent of the district and for each employee of the
district whose salary exceeds $100,000.00.
(e) The annual amount spent on
dues paid to associations.
(f) The annual amount spent on
lobbying or lobbying services. As used in this subdivision, lobbying means
that term as defined in section 5 of 1978 PA 472, MCL 4.415.
(g) Any deficit elimination plan
or enhanced deficit elimination plan the district was required to submit under
the revised school code.
(h) Identification of all credit
cards maintained by the district as district credit cards, the identity of all
individuals authorized to use each of those credit cards, the credit limit on
each credit card, and the dollar limit, if any, for each individual s
authorized use of the credit card.
(i) Costs incurred for each
instance of out-of-state travel by the school administrator of the district
that is fully or partially paid for by the district and the details of each of
those instances of out-of-state travel, including at least identification of
each individual on the trip, destination, and purpose.
(3) For the information required
under subsection (2)(a), (2)(b)(i), and
(2)(c), an intermediate district shall provide the same information in the same
manner as required for a district under subsection (2).
(4) For the purposes of
determining the reasonableness of expenditures, whether a district or
intermediate district has received the proper amount of funds under this
article, and whether a violation of this article has occurred, all of the
following apply:
(a) The department shall require
that each district and intermediate district have an audit of the district s or
intermediate district s financial and pupil accounting records conducted at
least annually, and at such other times as determined by the department, at the
expense of the district or intermediate district, as applicable. The audits
must be performed by a certified public accountant or by the intermediate
district superintendent, as may be required by the department, or in the case
of a district of the first class by a certified public accountant, the intermediate superintendent, or the auditor
general of the city. A district or intermediate district shall retain
these records for the current fiscal year and from at least the 3 immediately
preceding fiscal years.
(b) If a district operates in a
single building with fewer than 700 full-time equated pupils, if the district
has stable membership, and if the error rate of the immediately preceding 2
pupil accounting field audits of the district is less than 2%, the district may
have a pupil accounting field audit conducted biennially but must continue to
have desk audits for each pupil count. The auditor must document compliance
with the audit cycle in the pupil auditing manual. As used in this subdivision,
stable membership means that the district s membership for the current fiscal
year varies from the district s membership for the immediately preceding fiscal
year by less than 5%.
(c) A district s or intermediate
district s annual financial audit shall must include an analysis of the financial and
pupil accounting data used as the basis for distribution of state school aid.
(d) The pupil and financial
accounting records and reports, audits, and management letters are subject to
requirements established in the auditing and accounting manuals approved and
published by the department.
(e) All of the following shall be
done not later than November 1 each year for reporting the prior fiscal year
data:
(i)
A district shall file the annual financial audit reports with the intermediate
district and the department.
(ii)
The intermediate district shall file the annual financial audit reports for the
intermediate district with the department.
(iii)
The intermediate district shall enter the pupil membership audit reports for
its constituent districts and for the intermediate district, for the pupil
membership count day and supplemental count day, in the Michigan student data
system.
(f) The annual financial audit
reports and pupil accounting procedures reports shall must be available to the public in compliance
with the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(g) Not later than January 31 of
each year, the department shall notify the state budget director and the
legislative appropriations subcommittees responsible for review of the school
aid budget of districts and intermediate districts that have not filed an
annual financial audit and pupil accounting procedures report required under
this section for the school year ending in the immediately preceding fiscal
year.
(5) By November 1 each fiscal
year, each district and intermediate district shall submit to the center, in a
manner prescribed by the center, annual comprehensive financial data consistent
with the district s or intermediate district s audited financial statements and
consistent with accounting manuals and charts of accounts approved and
published by the department. For an intermediate district, the report shall must also contain the
website address where the department can access the report required under
section 620 of the revised school code, MCL 380.620. The department shall
ensure that the prescribed Michigan public school accounting manual chart of
accounts includes standard conventions to distinguish expenditures by allowable
fund function and object. The functions shall must include at minimum categories for
instruction, pupil support, instructional staff support, general
administration, school administration, business administration, transportation,
facilities operation and maintenance, facilities acquisition, and debt service;
and shall must include object classifications of salary,
benefits, including categories for active employee health expenditures,
purchased services, supplies, capital outlay, and other. Districts A district shall report
the required level of detail consistent with the manual as part of the
comprehensive annual financial report.
(6) By September 30 of each year,
each district and intermediate district shall file with the center the special
education actual cost report, known as SE-4096 , on a form and in the manner
prescribed by the center. An intermediate district shall certify the audit of a
district s report.
(7) By October 7 of each year,
each district and intermediate district shall file with the center the audited
transportation expenditure report, known as SE-4094 , on a form and in the
manner prescribed by the center. An intermediate district shall certify the
audit of a district s report.
(8) The department shall review
its pupil accounting and pupil auditing manuals at least annually and shall
periodically update those manuals to reflect changes in this article.
(9) If a district that is a
public school academy purchases property using money received under this
article, the public school academy shall retain ownership of the property
unless the public school academy sells the property at fair market value.
(10) If a district or intermediate
district does not comply with subsections (4), (5), (6), (7), and (12), or if
the department determines that the financial data required under subsection (5)
are not consistent with audited financial statements, the department shall
withhold all state school aid due to the district or intermediate district
under this article, beginning with the next payment due to the district or
intermediate district, until the district or intermediate district complies
with subsections (4), (5), (6), (7), and (12). If the district or intermediate
district does not comply with subsections (4), (5), (6), (7), and (12) by the
end of the fiscal year, the district or intermediate district forfeits the
amount withheld.
(11) If a district or
intermediate district does not comply with subsection (2), the department may
withhold up to 10% of the total state school aid due to the district or
intermediate district under this article, beginning with the next payment due
to the district or intermediate district, until the district or intermediate
district complies with subsection (2). If the district or intermediate district
does not comply with subsection (2) by the end of the fiscal year, the district
or intermediate district forfeits the amount withheld.
(12) By November 1 of each year,
if a district or intermediate district offers virtual learning under section 21f,
or for a school of excellence that is a cyber school, as defined in section 551
of the revised school code, MCL 380.551, the district or intermediate district
shall submit to the department a report that details the per-pupil costs of
operating the virtual learning by vendor type and virtual learning model. The
report shall must include
information concerning the operation of virtual learning for the immediately
preceding school fiscal year, including information concerning summer
programming. Information must be collected in a form and manner determined by
the department and must be collected in the most efficient manner possible to
reduce the administrative burden on reporting entities.
(13) By March 31 of each year,
the department shall submit to the house and senate appropriations
subcommittees on state school aid, the state budget director, and the house and
senate fiscal agencies a report summarizing the per-pupil costs by vendor type
of virtual courses available under section 21f and virtual courses provided by
a school of excellence that is a cyber school, as defined in section 551 of the
revised school code, MCL 380.551.
(14) As used in subsections (12)
and (13), vendor type means the following:
(a) Virtual courses provided by
the Michigan Virtual University.
(b) Virtual courses provided by a
school of excellence that is a cyber school, as defined in section 551 of the
revised school code, MCL 380.551.
(c) Virtual courses provided by
third party vendors not affiliated with a Michigan public school.
(d) Virtual courses created and
offered by a district or intermediate district.
(15) An allocation to a district
or another entity under this article is contingent upon the district s or
entity s compliance with this section.
(16) Beginning October 1, 2018,
and annually thereafter, the department shall submit to the senate and house
subcommittees on school aid and to the senate and house standing committees on
education an itemized list of allocations under this article to any association
or consortium consisting of associations in the immediately preceding fiscal
year. The report shall detail the recipient or recipients, the amount
allocated, and the purpose for which the funds were distributed.
Sec. 20. (1) For 2018-2019, 2019-2020, both of the
following apply:
(a) The basic target foundation allowance, formerly known as the basic
foundation allowance, is $8,409.00.$8,529.00.
(b) The minimum foundation
allowance is $7,871.00.$8,111.00.
(2) The department shall calculate the amount of each
district s foundation allowance shall be calculated as provided in this
section, using a basic target foundation
allowance in the amount specified in subsection (1). For the purpose of these calculations, a reference to the
target foundation allowance for a preceding fiscal year is equivalent to a
reference to the basic foundation allowance for that fiscal year.
(3) Except as otherwise provided
in this section, the department
shall calculate the amount of a district s foundation allowance shall be calculated as
follows, using in all calculations the total amount of the district s
foundation allowance as calculated before any proration:
(a) Except as otherwise provided
in this subdivision, for a district that had a foundation allowance for the
immediately preceding state fiscal
year that was at least equal to the minimum foundation allowance for the
immediately preceding state fiscal
year, but less than the basic
target foundation
allowance for the immediately preceding state fiscal year, the district shall receive receives a foundation
allowance in an amount equal to the sum of the district s foundation allowance
for the immediately preceding state
fiscal year plus the difference between twice the dollar amount
of the adjustment from the immediately preceding state fiscal year to the current state fiscal year
made in the basic target foundation
allowance and [(the difference between the basic target foundation allowance for the current state fiscal year
and basic target foundation
allowance for the immediately preceding state fiscal year minus $40.00) times (the
difference between the district s foundation allowance for the immediately
preceding state fiscal
year and the minimum foundation allowance for the immediately preceding state fiscal year)
divided by the difference between the basic target foundation allowance for the current state fiscal year
and the minimum foundation allowance for the immediately preceding state fiscal year.]
However, the foundation allowance for a district that had less than the basic target foundation
allowance for the immediately preceding state fiscal year shall must not exceed the basic target foundation allowance for the current state fiscal year.
(b) Except as otherwise provided
in this subsection, for a district that in the immediately preceding state fiscal year
had a foundation allowance in an amount equal to the amount of the basic target foundation
allowance for the immediately preceding state fiscal year, the district shall receive receives a foundation allowance
for 2018-2019 2019-2020 in an amount
equal to the basic target foundation
allowance for
2018-2019.2019-2020.
(c) For a district that had a
foundation allowance for the immediately preceding state fiscal year that was greater than the basic target foundation
allowance for the immediately preceding state fiscal year, the district s foundation
allowance is an amount equal to the sum of the district s foundation allowance
for the immediately preceding state
fiscal year plus the lesser of the increase in the basic target foundation
allowance for the current state
fiscal year, as compared to the immediately preceding state fiscal year,
or the product of the district s foundation allowance for the immediately
preceding state fiscal
year times the percentage increase in the United States consumer price index Consumer Price Index in
the calendar year ending in the immediately preceding fiscal year as reported
by the May revenue estimating conference conducted under section 367b of the
management and budget act, 1984 PA 431, MCL 18.1367b.
(d) For a district that has a
foundation allowance that is not a whole dollar amount, the department shall round the district s
foundation allowance shall
be rounded up to the nearest whole dollar.
(e) For a district that received a
foundation allowance supplemental payment calculated under section 20m and paid
under section 22b for 2017-2018, the district s 2017-2018 foundation allowance
is considered to have been an amount equal to the sum of the district s actual
2017-2018 foundation allowance as otherwise calculated under this section plus
the lesser of the per pupil amount of the district s supplemental payment for
2017-2018 as calculated under section 20m or the product of the district s
foundation allowance for the immediately preceding state fiscal year times the
percentage increase in the United States consumer price index in the calendar
year ending in the immediately preceding fiscal year as reported by the May
revenue estimating conference conducted under section 367b of the management
and budget act, 1984 PA 431, MCL 18.1367b.
(4) Except as otherwise provided
in this subsection, beginning in 2014-2015, the state portion of a district s
foundation allowance is an amount equal to the district s foundation allowance
or the basic target foundation
allowance for the current state
fiscal year, whichever is less, minus the local portion of the
district s foundation allowance. For a district described in subsection (3)(c),
beginning in 2014-2015, the state portion of the district s foundation
allowance is an amount equal to $6,962.00 plus the difference between the
district s foundation allowance for the current state fiscal year and the district s
foundation allowance for 1998-99, minus the local portion of the district s
foundation allowance. For a district that has a millage reduction required
under section 31 of article IX of the state constitution of 1963, the department shall calculate the state
portion of the district s foundation allowance shall be calculated as if that reduction did
not occur. For a receiving district, if school operating taxes continue to be
levied on behalf of a dissolved district that has been attached in whole or in
part to the receiving district to satisfy debt obligations of the dissolved
district under section 12 of the revised school code, MCL 380.12, the taxable
value per membership pupil of property in the receiving district used for the
purposes of this subsection does not include the taxable value of property
within the geographic area of the dissolved district. For a community district,
if school operating taxes continue to be levied by a qualifying school district
under section 12b of the revised school code, MCL 380.12b, with the same
geographic area as the community district, the taxable value per membership
pupil of property in the community district to be used for the purposes of this
subsection does not include the taxable value of property within the geographic
area of the community district.
(5) The allocation calculated under
this section for a pupil shall
be is based
on the foundation allowance of the pupil s district of residence. For a pupil
enrolled pursuant to section 105 or 105c in a district other than the pupil s
district of residence, the allocation calculated under this section shall be is based on the lesser
of the foundation allowance of the pupil s district of residence or the
foundation allowance of the educating district. For a pupil in membership in a
K-5, K-6, or K-8 district who is enrolled in another district in a grade not
offered by the pupil s district of residence, the allocation calculated under
this section shall be is based on the foundation allowance of the educating
district if the educating district s foundation allowance is greater
than the foundation allowance of the pupil s district of residence. The calculation under this
subsection shall take into account a district s per-pupil allocation under
section 20m.
(6) Except as otherwise provided
in this subsection, for pupils in membership, other than special education
pupils, in a public school academy, the allocation calculated under this
section is an amount per membership pupil other than special education pupils
in the public school academy equal to the foundation allowance of the district in
which the public school academy is located or the state maximum public school
academy allocation, whichever is less. Except as otherwise provided in this
subsection, for pupils in membership, other than special education pupils, in a
public school academy that is a cyber school and is authorized by a school
district, the allocation calculated under this section is an amount per
membership pupil other than special education pupils in the public school
academy equal to the foundation allowance of the district that authorized the
public school academy or the state maximum public school academy allocation,
whichever is less. However, for
a public school academy that had an allocation under this
subsection before 2009-2010 that was equal to the sum of the local school
operating revenue per membership pupil other than special education pupils for
the district in which the public school academy is located and the state
portion of that district s foundation allowance, shall not have that allocation is not reduced as a
result of the 2010 amendment to this subsection. Notwithstanding section 101,
for a public school academy that begins operations after the pupil membership
count day, the amount per membership pupil calculated under this subsection shall must be adjusted by
multiplying that amount per membership pupil by the number of hours of pupil
instruction provided by the public school academy after it begins operations,
as determined by the department, divided by the minimum number of hours of
pupil instruction required under section 101(3). The result of this calculation
shall must not exceed the
amount per membership pupil otherwise calculated under this subsection.
(7) Except as otherwise provided
in this subsection, for pupils in membership, other than special education
pupils, in a community district, the allocation calculated under this section
is an amount per membership pupil other than special education pupils in the
community district equal to the foundation allowance of the qualifying school
district, as described in section 12b of the revised school code, MCL 380.12b,
that is located within the same geographic area as the community district.
(8) Subject to subsection (4),
for a district that is formed or reconfigured after June 1, 2002 by consolidation
of 2 or more districts or by annexation, the resulting district s foundation
allowance under this section beginning after the effective date of the
consolidation or annexation shall
be is the
lesser of the sum of the average of the foundation allowances of each of the
original or affected districts, calculated as provided in this section,
weighted as to the percentage of pupils in total membership in the resulting
district who reside in the geographic area of each of the original or affected
districts plus $100.00 or the highest foundation allowance among the original
or affected districts. This subsection does not apply to a receiving district
unless there is a subsequent consolidation or annexation that affects the
district. The calculation
under this subsection shall take into account a district s per-pupil allocation
under section 20m.
(9) Each The department shall round each fraction used
in making calculations under this section shall be rounded to the fourth decimal place
and shall round the
dollar amount of an increase in the basic target foundation allowance shall be rounded to
the nearest whole dollar.
(10) State payments related to
payment of the foundation allowance for a special education pupil are not
calculated under this section but are instead calculated under section 51a.
(11) To assist the legislature in
determining the basic target foundation
allowance for the subsequent state
fiscal year, each revenue estimating conference conducted under
section 367b of the management and budget act, 1984 PA 431, MCL 18.1367b, shall must calculate a pupil
membership factor, a revenue adjustment factor, and an index as follows:
(a) The pupil membership factor shall be is computed by dividing
the estimated membership in the school year ending in the current state fiscal year,
excluding intermediate district membership, by the estimated membership for the
school year ending in the subsequent state fiscal year, excluding intermediate
district membership. If a consensus membership factor is not determined at the
revenue estimating conference, the principals of the revenue estimating
conference shall report their estimates to the house and senate subcommittees
responsible for school aid appropriations not later than 7 days after the
conclusion of the revenue conference.
(b) The revenue adjustment factor
shall be is computed by dividing
the sum of the estimated total state school aid fund revenue for the subsequent
state fiscal
year plus the estimated total state school aid fund revenue for the current state fiscal year,
adjusted for any change in the rate or base of a tax the proceeds of which are
deposited in that fund and excluding money transferred into that fund from the
countercyclical budget and economic stabilization fund under the management and
budget act, 1984 PA 431, MCL 18.1101 to 18.1594, by the sum of the estimated
total school aid fund revenue for the current state fiscal year plus the estimated total
state school aid fund revenue for the immediately preceding state fiscal year,
adjusted for any change in the rate or base of a tax the proceeds of which are
deposited in that fund. If a consensus revenue factor is not determined at the
revenue estimating conference, the principals of the revenue estimating
conference shall report their estimates to the house and senate subcommittees
responsible for school aid appropriations not later than 7 days after the
conclusion of the revenue conference.
(c) The index shall be is calculated by
multiplying the pupil membership factor by the revenue adjustment factor. If a
consensus index is not determined at the revenue estimating conference, the
principals of the revenue estimating conference shall report their estimates to
the house and senate subcommittees responsible for school aid appropriations
not later than 7 days after the conclusion of the revenue conference.
(12) Payments to districts and
public school academies shall
not be are not made
under this section. Rather, the calculations under this section shall be are used to determine
the amount of state payments under section 22b.
(13) If an amendment to section 2
of article VIII of the state constitution of 1963 allowing state aid to some or
all nonpublic schools is approved by the voters of this state, each foundation
allowance or per-pupil payment calculation under this section may be reduced.
(14) For the purposes of section
1211 of the revised school code, MCL 380.1211, the basic foundation allowance
under this section is considered to be the target foundation allowance under
this section.
(15) (14) As used in this section:
(a) Certified mills means the
lesser of 18 mills or the number of mills of school operating taxes levied by
the district in 1993-94.
(b) Combined state and local
revenue means the aggregate of the district s state school aid received by or
paid on behalf of the district under this section and the district s local
school operating revenue.
(c) Combined state and local
revenue per membership pupil means the district s combined state and local
revenue divided by the district s membership excluding special education
pupils.
(d) Current state fiscal year
means the state fiscal
year for which a particular calculation is made.
(e) Dissolved district means a
district that loses its organization, has its territory attached to 1 or more
other districts, and is dissolved as provided under section 12 of the revised
school code, MCL 380.12.
(f) Immediately preceding state fiscal year
means the state fiscal
year immediately preceding the current state fiscal year.
(g) Local portion of the
district s foundation allowance means an amount that is equal to the
difference between (the sum of the product of the taxable value per membership
pupil of all property in the district that is nonexempt property times the
district s certified mills and, for a district with certified mills exceeding
12, the product of the taxable value per membership pupil of property in the
district that is commercial personal property times the certified mills minus
12 mills) and (the quotient of the product of the captured assessed valuation
under tax increment financing acts times the district s certified mills divided
by the district s membership excluding special education pupils).
(h) Local school operating
revenue means school operating taxes levied under section 1211 of the revised
school code, MCL 380.1211. For a receiving district, if school operating taxes
are to be levied on behalf of a dissolved district that has been attached in
whole or in part to the receiving district to satisfy debt obligations of the
dissolved district under section 12 of the revised school code, MCL 380.12,
local school operating revenue does not include school operating taxes levied
within the geographic area of the dissolved district.
(i) Local school operating
revenue per membership pupil means a district s local school operating revenue
divided by the district s membership excluding special education pupils.
(j) Maximum public school
academy allocation , except as otherwise provided in this subdivision, means
the maximum per-pupil allocation as calculated by adding the highest per-pupil
allocation among all public school academies for the immediately preceding state fiscal year
plus the difference between twice the amount of the difference between the basic target foundation
allowance for the current state
fiscal year and the basic target foundation allowance for the
immediately preceding state fiscal
year and [(the amount of the difference between the basic target foundation allowance for the current state fiscal year
and the basic target foundation
allowance for the immediately preceding state fiscal year minus $40.00) times (the
difference between the highest per-pupil allocation among all public school
academies for the immediately preceding state fiscal year and the minimum foundation
allowance for the immediately preceding state fiscal year) divided by the difference
between the basic target foundation
allowance for the current state
fiscal year and the minimum foundation allowance for the
immediately preceding state fiscal
year.] For the purposes of this subdivision, for 2018-2019, 2019-2020, the maximum public school academy
allocation is $7,871.00.$8,111.00.
(k) Membership means the
definition of that term under section 6 as in effect for the particular fiscal
year for which a particular calculation is made.
(l)
Nonexempt property means property that is not a principal residence,
qualified agricultural property, qualified forest property, supportive housing
property, industrial personal property, commercial personal property, or property
occupied by a public school academy.
(m) Principal
residence , qualified agricultural property , qualified forest property , supportive
housing property , industrial personal
property , and commercial personal property mean those terms as defined in
section 1211 of the revised school code, MCL 380.1211.
(n) Receiving district means a
district to which all or part of the territory of a dissolved district is
attached under section 12 of the revised school code, MCL 380.12.
(o) School operating purposes
means the purposes included in the operation costs of the district as
prescribed in sections 7 and 18 and purposes authorized under section 1211 of
the revised school code, MCL 380.1211.
(p) School operating taxes means
local ad valorem property taxes levied under section 1211 of the revised school
code, MCL 380.1211, and retained for school operating purposes.
(q) Target foundation allowance
for the immediately preceding fiscal year means, for 2019-2020 only, the basic
foundation allowance in effect for the 2018-2019 fiscal year.
(r) (q) Tax increment financing acts
means 1975 PA 197, MCL 125.1651 to 125.1681, the tax increment finance
authority act, 1980 PA 450, MCL 125.1801 to 125.1830, the local development
financing act, 1986 PA 281, MCL 125.2151 to 125.2174, the brownfield
redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2670, or the
corridor improvement authority act, 2005 PA 280, MCL 125.2871 to 125.2899.
(s) (r) Taxable value per membership pupil
means taxable value, as certified by the county treasurer and reported to the
department, for the calendar year ending in the current state fiscal year
divided by the district s membership excluding special education pupils for the
school year ending in the current state fiscal year.
Sec. 20d. In making the final
determination required under former section 20a of a district s combined state
and local revenue per membership pupil in 1993-94 and in making calculations
under section 20 for 2018-2019,
2019-2020, the
department and the department of treasury shall comply with all of the
following:
(a) For a district that had
combined state and local revenue per membership pupil in the 1994-95 state fiscal year of
$6,500.00 or more and served as a fiscal agent for a state board designated
area vocational education center in the 1993-94 school year, total state school
aid received by or paid on behalf of the district pursuant to under this act in 1993-94 shall exclude excludes payments made
under former section 146 and under section 147 on behalf of the district s
employees who provided direct services to the area vocational education center.
Not later than June 30, 1996, the department shall make an adjustment under
this subdivision to the district s combined state and local revenue per
membership pupil in the 1994-95 state fiscal year and the department of
treasury shall make a final certification of the number of mills that may be
levied by the district under section 1211 of the revised school code, MCL
380.1211, as a result of the adjustment under this subdivision.
(b) If a district had an
adjustment made to its 1993-94 total state school aid that excluded payments
made under former section 146 and under section 147 on behalf of the district s
employees who provided direct services for intermediate district center
programs operated by the district under sections 51 to 56, if nonresident
pupils attending the center programs were included in the district s membership
for purposes of calculating the combined state and local revenue per membership
pupil for 1993-94, and if there is a signed agreement by all constituent
districts of the intermediate district that agreeing to an adjustment under this
subdivision, shall be made, the department shall calculate the
foundation allowances for 1995-96 and 1996-97 of all districts that had pupils
attending the intermediate district center program operated by the district that had the adjustment shall be calculated as
if their combined state and local revenue per membership pupil for
1993-94 included resident pupils attending the center program and excluded
nonresident pupils attending the center program.
Sec. 20f. (1) From the funds
appropriated in section 11, there is allocated an amount not to exceed
$18,000,000.00 for 2018-2019
2019-2020 for
payments to eligible districts under this section.
(2) The funding under this
subsection is from the allocation under subsection (1). A district is eligible
for funding under this subsection if the
district received a payment under this section as it was in effect for
2013-2014. A district was eligible for funding in 2013-2014 if the sum
of the following was less than $5.00:
(a) The increase in the district s
foundation allowance or per-pupil payment as calculated under section 20 from
2012-2013 to 2013-2014.
(b) The district s equity payment
per membership pupil under former section 22c for 2013-2014.
(c) The quotient of the district s
allocation under section 147a for 2012-2013 divided by the district s membership pupils for 2012-2013 minus the quotient
of the district s allocation under section 147a for 2013-2014 divided by
the district s membership pupils for 2013-2014.
(3) The amount allocated to each
eligible district under subsection (2) is an amount per membership pupil equal
to the amount per membership pupil the district received under this section in
2013-2014.
(4) The funding under this
subsection is from the allocation under subsection (1). A district is eligible
for funding under this subsection if the sum of the following is less than
$25.00:
(a) The increase in the district s
foundation allowance or per-pupil payment as calculated under section 20 from 2014-2015
to 2015-2016.
(b) The decrease in the district s
best practices per-pupil funding under former section 22f from 2014-2015 to
2015-2016.
(c) The
decrease in the district s pupil performance per-pupil funding under former
section 22j from 2014-2015 to 2015-2016.
(d) The quotient of the district s
allocation under section 31a for 2015-2016 divided by the district s membership pupils for 2015-2016 minus the quotient
of the district s allocation under section 31a for 2014-2015 divided by
the district s membership pupils for 2014-2015.
(5) The amount allocated to each
eligible district under subsection (4) is an amount per membership pupil equal
to $25.00 minus the sum of the following:
(a) The increase in the district s
foundation allowance or per-pupil payment as calculated under section 20 from
2014-2015 to 2015-2016.
(b) The decrease in the district s
best practices per-pupil funding under former section 22f from 2014-2015 to
2015-2016.
(c) The
decrease in the district s pupil performance per-pupil funding under former
section 22j from 2014-2015 to 2015-2016.
(d) The quotient of the district s
allocation under section 31a for 2015-2016 divided by the district s membership pupils for 2015-2016 minus the quotient
of the district s allocation under section 31a for 2014-2015 divided by
the district s membership pupils for 2014-2015.
(6) If the allocation under
subsection (1) is insufficient to fully fund payments under subsections (3) and
(5) as otherwise calculated under this section, the department shall prorate
payments under this section on an equal per-pupil basis.
Sec. 21h. (1) From the
appropriation in section 11, there is allocated $7,000,000.00 $6,000,000.00 for 2018-2019 2019-2020 for assisting districts assigned by
the superintendent to participate in a partnership to improve student achievement. The purpose of the partnership is to
identify district needs, develop intervention plans, and partner with
public, private, and nonprofit organizations to coordinate resources and
improve student achievement. Assignment of a district to a partnership is at
the sole discretion of the superintendent.
(2) A district assigned to a
partnership by the superintendent is eligible for funding under this section if
the district includes at least 1 school that has been rated with a grade of F ,
or comparable performance rating, in the most recent state accountability
system rating , that is not under the
supervision of the state school reform/redesign office, and that
does all of the following:
(a) Completes a comprehensive
needs evaluation in collaboration with an intermediate school district,
community members, education organizations, and postsecondary institutions, as
applicable and approved by the superintendent, within 90 days of assignment to
the partnership described in this section. The comprehensive needs evaluation shall must include at least
all of the following:
(i)
A review of the district s implementation and utilization of a multi-tiered
system of supports to ensure that it is used to appropriately inform
instruction.
(ii)
A review of the district and school building leadership and educator capacity
to substantially improve student outcomes.
(iii)
A review of classroom, instructional, and operational practices and curriculum
to ensure alignment with research-based instructional practices and state
curriculum standards.
(b) Develops an intervention plan
that has been approved by the superintendent and that addresses the needs
identified in the comprehensive needs evaluation completed under subdivision
(a). The intervention plan shall
must include
at least all of the following:
(i)
Specific actions that will be taken by the district and each of its partners to
improve student achievement.
(ii)
Specific measurable benchmarks that will be met within 18 months to improve
student achievement and identification of expected student achievement outcomes
to be attained within 3 years after assignment to the partnership.
(c) Crafts academic goals that
put pupils on track to meet or exceed grade level proficiency.
(3) Upon approval of the
intervention plan developed under subsection (2), the department shall assign a
team of individuals with expertise in comprehensive school and district reform
to partner with the district, the intermediate district, community
organizations, education organizations, and postsecondary institutions
identified in the intervention plan to review the district s use of existing
financial resources to ensure that those resources are being used as
efficiently and effectively as possible to improve student academic
achievement. The superintendent of public instruction may waive burdensome
administrative rules for a partnership district for the duration of the
partnership agreement.
(4) Funds allocated under this
section may be used to pay for district expenditures approved by the
superintendent to improve student achievement. Funds may be used for
professional development for teachers or district or school leadership,
increased instructional time, teacher mentors, or other expenditures that
directly impact student achievement and cannot be paid from existing district
financial resources. An eligible district shall not receive funds under this
section for more than 3 years. Notwithstanding section 17b, the department shall make payments
to eligible districts under this section shall be paid on a schedule determined by the
department.
(5) The department shall annually
report in person to the legislature on the activities funded under this section
and how those activities impacted student achievement in eligible districts
that received funds under this section. To the extent possible, participating
districts receiving funding under this section shall participate in the report.
Sec. 22a. (1)
From the appropriation in section 11, there is allocated an amount not to
exceed $5,176,000,000.00 for
2017-2018 $5,057,000,000.00
for 2018-2019 and there is
allocated an amount not to exceed $5,107,000,000.00 for 2018-2019 $4,943,000,000.00 for 2019-2020 for payments to districts and
qualifying public school academies to guarantee each district and qualifying
public school academy an amount equal to its 1994-95 total state and local per
pupil revenue for school operating purposes under section 11 of article IX of
the state constitution of 1963. Pursuant to section 11 of article IX of the
state constitution of 1963, this guarantee does not apply to a district in a
year in which the district levies a millage rate for school district operating
purposes less than it levied in 1994. However, subsection (2) applies to
calculating the payments under this section. Funds allocated under this section that are not expended in
the state fiscal year for which they were allocated, as determined by the
department, may be used to supplement the allocations under sections 22b and
51c in order to fully fund those calculated allocations for the same fiscal
year.
(2) To ensure that a district
receives an amount equal to the district s 1994-95 total state and local per
pupil revenue for school operating purposes,
there is allocated to each district a state portion of the district s 1994-95
foundation allowance in an amount calculated as follows:
(a) Except as otherwise provided
in this subsection, the state portion of a district s 1994-95 foundation
allowance is an amount equal to the district s 1994-95 foundation allowance or
$6,500.00, whichever is less, minus the difference between the sum of the
product of the taxable value per membership pupil of all property in the
district that is nonexempt property times the district s certified mills and,
for a district with certified mills exceeding 12, the product of the taxable
value per membership pupil of property in the district that is commercial personal property times the certified mills minus 12
mills and the quotient of the ad valorem property tax revenue of
the district captured under tax increment financing acts divided by the
district s membership. For a district that has a millage reduction required
under section 31 of article IX of the state constitution of 1963, the department shall calculate the
state portion of the district s foundation allowance shall be calculated as if that reduction did
not occur. For a receiving district, if school operating taxes are to be levied
on behalf of a dissolved district that has been attached in whole or in part to
the receiving district to satisfy debt obligations of the dissolved district
under section 12 of the revised school code, MCL 380.12, taxable value per
membership pupil of all property in the receiving district that is nonexempt
property and taxable value per membership pupil of property in the receiving
district that is commercial personal property do not include property within
the geographic area of the dissolved district; ad valorem property tax revenue
of the receiving district captured under tax increment financing acts does not
include ad valorem property tax revenue captured within the geographic
boundaries of the dissolved district under tax increment financing acts; and
certified mills do not include the certified mills of the dissolved district.
For a community district, the
department shall reduce the allocation as otherwise calculated
under this section shall be
reduced by an amount equal to the amount of local school
operating tax revenue that would otherwise be due to the community district if
not for the operation of section 386 of the revised school code, MCL 380.386,
and the amount of this reduction shall be is offset by the increase in funding under
section 22b(2).
(b) For a district that had a
1994-95 foundation allowance greater than $6,500.00, the state payment under
this subsection shall be is the sum of the
amount calculated under subdivision (a) plus the amount calculated under this
subdivision. The amount calculated under this subdivision shall must be equal to the
difference between the district s 1994-95 foundation allowance minus $6,500.00
and the current year hold harmless school operating taxes per pupil. If the
result of the calculation under subdivision (a) is negative, the negative
amount shall be is an offset against
any state payment calculated under this subdivision. If the result of a
calculation under this subdivision is negative, there shall not be is not a state payment or a deduction under
this subdivision. The taxable values per membership pupil used in the
calculations under this subdivision are as adjusted by ad valorem property tax
revenue captured under tax increment financing acts divided by the district s
membership. For a receiving district, if school operating taxes are to be
levied on behalf of a dissolved district that has been attached in whole or in
part to the receiving district to satisfy debt obligations of the dissolved
district under section 12 of the revised school code, MCL 380.12, ad valorem
property tax revenue captured under tax increment financing acts do not include
ad valorem property tax revenue captured within the geographic boundaries of
the dissolved district under tax increment financing acts.
(3) Beginning in 2003-2004, for
pupils in membership in a qualifying public school academy, there is allocated
under this section to the authorizing body that is the fiscal agent for the qualifying
public school academy for forwarding to the qualifying public school academy an
amount equal to the 1994-95 per pupil payment to the qualifying public school
academy under section 20.
(4) A district or qualifying
public school academy may use funds allocated under this section in conjunction
with any federal funds for which the district or qualifying public school
academy otherwise would be eligible.
(5) Except as otherwise provided
in this subsection, for a district that is formed or reconfigured after June 1,
2000 by consolidation of 2 or more districts or by annexation, the resulting
district s 1994-95 foundation allowance under this section beginning after the
effective date of the consolidation or annexation shall be is the average of the 1994-95 foundation
allowances of each of the original or affected districts, calculated as
provided in this section, weighted as to the percentage of pupils in total
membership in the resulting district in the state fiscal year in which the consolidation
takes place who reside in the geographic area of each of the original
districts. If an affected district s 1994-95 foundation allowance is less than
the 1994-95 basic foundation allowance, the amount of that district s 1994-95
foundation allowance shall
be is considered
for the purpose of calculations under this subsection to be equal to the amount
of the 1994-95 basic foundation allowance. This subsection does not apply to a
receiving district unless there is a subsequent consolidation or annexation
that affects the district.
(6) Payments under this section
are subject to section 25g.
(7) As used in this section:
(a) 1994-95 foundation allowance
means a district s 1994-95 foundation allowance calculated and certified by the
department of treasury or the superintendent under former section 20a as
enacted in 1993 PA 336 and as amended by 1994 PA 283.
(b) Certified mills means the
lesser of 18 mills or the number of mills of school operating taxes levied by
the district in 1993-94.
(c) Current state fiscal year
means the state fiscal
year for which a particular calculation is made.
(d) Current year hold harmless
school operating taxes per pupil means the per pupil revenue generated by
multiplying a district s 1994-95 hold harmless millage by the district s
current year taxable value per membership pupil. For a receiving district, if
school operating taxes are to be levied on behalf of a dissolved district that
has been attached in whole or in part to the receiving district to satisfy debt
obligations of the dissolved district under section 12 of the revised school
code, MCL 380.12, taxable value per membership pupil does not include the
taxable value of property within the geographic area of the dissolved district.
(e) Dissolved district means a district
that loses its organization, has its territory attached to 1 or more other
districts, and is dissolved as provided under section 12 of the revised school
code, MCL 380.12.
(f) Hold harmless millage
means, for a district with a 1994-95 foundation allowance greater than
$6,500.00, the number of mills by which the exemption from the levy of school
operating taxes on a homestead,
principal
residence, qualified agricultural property, qualified forest
property, supportive housing property, industrial personal property, commercial
personal property, and property occupied by a public school academy could be
reduced as provided in section 1211 of the revised school code, MCL 380.1211,
and the number of mills of school operating taxes that could be levied on all
property as provided in section 1211(2) of the revised school code, MCL
380.1211, as certified by the department of treasury for the 1994 tax year. For
a receiving district, if school operating taxes are to be levied on behalf of a
dissolved district that has been attached in whole or in part to the receiving
district to satisfy debt obligations of the dissolved district under section 12
of the revised school code, MCL 380.12, school operating taxes do not include
school operating taxes levied within the geographic area of the dissolved
district.
(g) Homestead , qualified
agricultural property , qualified forest property , supportive housing
property , industrial personal property , and commercial personal property
mean those terms as defined in section 1211 of the revised school code, MCL
380.1211.
(g) (h) Membership means the definition
of that term under section 6 as in effect for the particular fiscal year for
which a particular calculation is made.
(h) (i) Nonexempt property means property
that is not a principal residence, qualified agricultural property, qualified
forest property, supportive housing property, industrial personal property,
commercial personal property, or property occupied by a public school academy.
(i) Principal residence , qualified
agricultural property , qualified forest property , supportive housing
property , industrial personal property , and commercial personal property
mean those terms as defined in section 1211 of the revised school code, MCL
380.1211.
(j) Qualifying
public school academy means a public school academy that was in operation in
the 1994-95 school year and is in operation
in the current state fiscal
year.
(k) Receiving district means a
district to which all or part of the territory of a dissolved district is
attached under section 12 of the revised school code, MCL 380.12.
(l)
School operating taxes means local ad valorem property taxes levied under
section 1211 of the revised school code, MCL 380.1211, and retained for school
operating purposes as defined in section 20.
(m) Tax increment financing acts
means 1975 PA 197, MCL 125.1651 to 125.1681, the tax increment finance
authority act, 1980 PA 450, MCL 125.1801 to 125.1830, the local development
financing act, 1986 PA 281, MCL 125.2151 to 125.2174, the brownfield
redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2672, 125.2670, or the
corridor improvement authority act, 2005 PA 280, MCL 125.2871 to 125.2899.
(n) Taxable
value per membership pupil means each of the following divided by the district s
membership:
(i)
For the number of mills by which the exemption from the levy of school
operating taxes on a homestead,
principal
residence, qualified agricultural property, qualified forest
property, supportive housing property, industrial personal property, commercial
personal property, and property occupied by a public school academy may be
reduced as provided in section 1211 of the revised school code, MCL 380.1211,
the taxable value of homestead, principal residence, qualified
agricultural property, qualified forest property, supportive housing
property, industrial personal property, commercial personal property, and
property occupied by a public school academy for the calendar year ending in
the current state fiscal
year. For a receiving district, if school operating taxes are to be levied on
behalf of a dissolved district that has been attached in whole or in part to
the receiving district to satisfy debt obligations of the dissolved district
under section 12 of the revised school code, MCL 380.12, mills do not include
mills within the geographic area of the dissolved district.
(ii)
For the number of mills of school operating taxes that may be levied on all
property as provided in section 1211(2) of the revised school code, MCL
380.1211, the taxable value of all property for the calendar year ending in the
current state fiscal
year. For a receiving district, if school operating taxes are to be levied on
behalf of a dissolved district that has been attached in whole or in part to
the receiving district to satisfy debt obligations of the dissolved district
under section 12 of the revised school code, MCL 380.12, school operating taxes
do not include school operating taxes levied within the geographic area of the
dissolved district.
Sec. 22b. (1) For discretionary
nonmandated payments to districts under this section, there is allocated for 2017-2018 2018-2019 an amount not
to exceed $3,957,000,000.00 $4,217,800,000.00 from
the state school aid fund and general fund appropriations in section 11 and an
amount not to exceed $72,000,000.00
$72,200,000.00 from
the community district education trust fund appropriation in section 11, and
there is allocated for 2018-2019
2019-2020 an
amount not to exceed $4,252,000,000.00
$4,480,600,000.00
from the state school aid fund
and general fund appropriations in section 11 and an amount not to exceed $72,000,000.00 $75,400,000.00 from the
community district education trust fund appropriation in section 11.
Except for money allocated
from the community district trust fund, money allocated under this section that
is not expended in the state fiscal year for which it was allocated, as
determined by the department, may be used to supplement the allocations under
sections 22a and 51c in order to fully fund those calculated allocations for
the same fiscal year.
(2) Subject to subsection (3) and
section 296, the allocation to a district under this section shall be is an amount equal to
the sum of the amounts calculated under sections 20, 20m, 51a(2), 51a(3), and 51a(11), minus the
sum of the allocations to the district under sections 22a and 51c. For a
community district, the allocation as otherwise calculated under this section shall be is increased by an
amount equal to the amount of local school operating tax revenue that would
otherwise be due to the community district if not for the operation of section
386 of the revised school code, MCL 380.386, and this increase shall must be paid from the
community district education trust fund allocation in subsection (1) in order
to offset the absence of local school operating revenue in a community district
in the funding of the state portion of the foundation allowance under section
20(4).
(3) In order to receive an
allocation under subsection (1), each district shall do all of the following:
(a) Comply with section 1280b of
the revised school code, MCL 380.1280b.
(b) Comply with sections 1278a
and 1278b of the revised school code, MCL 380.1278a and 380.1278b.
(c) Furnish data and other
information required by state and federal law to the center and the department
in the form and manner specified by the center or the department, as
applicable.
(d) Comply with section 1230g of the
revised school code, MCL 380.1230g.
(e) Comply with section 21f.
(f) For a district or public
school academy that has entered into a partnership agreement with the
department, comply with section 22p.
(g) For a district or public
school academy that offers kindergarten, comply with section 104(4).
(4) Districts are encouraged to
use funds allocated under this section for the purchase and support of payroll,
human resources, and other business function software that is compatible with
that of the intermediate district in which the district is located and with
other districts located within that intermediate district.
(5) From the allocation in
subsection (1), the department shall pay up to $1,000,000.00 in litigation
costs incurred by this state related to commercial or industrial property tax
appeals, including, but not limited to, appeals of classification, that impact
revenues dedicated to the state school aid fund.
(6) From the allocation in
subsection (1), the department shall pay up to $1,000,000.00 in litigation
costs incurred by this state associated with lawsuits filed by 1 or more
districts or intermediate districts against this state. If the allocation under
this section is insufficient to fully fund all payments required under this
section, the payments under this subsection shall must be made in full before any proration of
remaining payments under this section.
(7) It is the intent of the
legislature that all constitutional obligations of this state have been fully
funded under sections 22a, 31d, 51a, 51c, and 152a. If a claim is made by an
entity receiving funds under this article that challenges the legislative
determination of the adequacy of this funding or alleges that there exists an
unfunded constitutional requirement, the state budget director may escrow or
allocate from the discretionary funds for nonmandated payments under this
section the amount as may be necessary to satisfy the claim before making any
payments to districts under subsection (2). If funds are escrowed, the escrowed
funds are a work project appropriation and the funds are carried forward into
the following fiscal year. The purpose of the work project is to provide for
any payments that may be awarded to districts as a result of litigation. The
work project shall be is completed upon
resolution of the litigation.
(8) If the local claims review
board or a court of competent jurisdiction makes a final determination that
this state is in violation of section 29 of article IX of the state
constitution of 1963 regarding state payments to districts, the state budget
director shall use work project funds under subsection (7) or allocate from the
discretionary funds for nonmandated payments under this section the amount as
may be necessary to satisfy the amount owed to districts before making any
payments to districts under subsection (2).
(9) If a claim is made in court
that challenges the legislative determination of the adequacy of funding for
this state s constitutional obligations or alleges that there exists an
unfunded constitutional requirement, any interested party may seek an expedited
review of the claim by the local claims review board. If the claim exceeds
$10,000,000.00, this state may remove the action to the court of appeals, and
the court of appeals shall
have has and
shall exercise jurisdiction over the claim.
(10) If payments resulting from a
final determination by the local claims review board or a court of competent
jurisdiction that there has been a violation of section 29 of article IX of the
state constitution of 1963 exceed the amount allocated for discretionary
nonmandated payments under this section, the legislature shall provide for
adequate funding for this state s constitutional obligations at its next
legislative session.
(11) If a lawsuit challenging payments
made to districts related to costs reimbursed by federal title XIX Medicaid
funds is filed against this state, then, for the purpose of addressing
potential liability under such a lawsuit, the state budget director may place
funds allocated under this section in escrow or allocate money from the funds
otherwise allocated under this section, up to a maximum of 50% of the amount
allocated in subsection (1). If funds are placed in escrow under this
subsection, those funds are a work project appropriation and the funds are
carried forward into the following fiscal year. The purpose of the work project
is to provide for any payments that may be awarded to districts as a result of
the litigation. The work project shall be is completed upon resolution of the
litigation. In addition, this state reserves the right to terminate future
federal title XIX Medicaid reimbursement payments to districts if the amount or
allocation of reimbursed funds is challenged in the lawsuit. As used in this
subsection, title XIX means title XIX of the social security act, 42 USC 1396
to 1396w-5.
Sec. 22d. (1) From the
appropriation in section 11, an amount not to exceed $6,000,000.00 $7,000,000.00 is allocated for 2018-2019 2019-2020 for
supplemental payments to rural districts under this section.
(2) From the allocation under
subsection (1), there is allocated for 2018-2019 2019-2020 an amount not to exceed $957,300.00
for payments under this subsection to districts that meet all of the following:
(a) Operates grades K to 12.
(b) Has fewer than 250 pupils in
membership.
(c) Each school building operated
by the district meets at least 1 of the following:
(i)
Is located in the Upper Peninsula at least 30 miles from any other public
school building.
(ii)
Is located on an island that is not accessible by bridge.
(3) The amount of the additional
funding to each eligible district under subsection (2) shall be is determined under a
spending plan developed as provided in this subsection and approved by the
superintendent of public instruction. The spending plan shall must be developed
cooperatively by the intermediate superintendents of each intermediate district
in which an eligible district is located. The intermediate superintendents
shall review the financial situation of each eligible district, determine the
minimum essential financial needs of each eligible district, and develop and
agree on a spending plan that distributes the available funding under
subsection (2) to the eligible districts based on those financial needs. The
intermediate superintendents shall submit the spending plan to the
superintendent of public instruction for approval. Upon approval by the
superintendent of public instruction, the amounts specified for each eligible
district under the spending plan are allocated under subsection (2) and shall must be paid to the
eligible districts in the same manner as payments under section 22b.
(4) Subject
to subsection (6), from the allocation in subsection (1), there is allocated
for 2018-2019 2019-2020 an amount not to exceed $5,042,700.00 $6,042,700.00 for
payments under this subsection to districts that have 7.7 or fewer than 10.0 pupils per square mile as
determined by the department.
(5) The funds allocated under
subsection (4) shall be are allocated on an equal per-pupil basis.as follows:
(a) An amount equal to
$5,200,000.00 is allocated to districts with fewer than 8.0 pupils per square
mile, as determined by the department, on an equal per-pupil basis.
(b) The balance of the funding
under subsection (4) is allocated as follows:
(i) For districts with at least 8.0
but fewer than 9.0 pupils per square mile, as determined by the department, the
allocation is an amount per pupil equal to 75% of the per-pupil amount
allocated to districts under subdivision (a).
(ii) For districts with at least 9.0
but fewer than 10.0 pupils per square mile, as determined by the department,
the allocation is an amount per pupil equal to 50% of the per-pupil amount
allocated to districts under subdivision (a).
(c) If the total funding allocated
under subdivision (b) is not sufficient to fully fund payments as calculated under that subdivision, the department
shall prorate payments to districts under subdivision (b) on an
equal per-pupil basis.
(6) A district receiving funds
allocated under subsection (2) is not eligible for funding allocated under
subsection (4).
Sec. 22m. (1) From the
appropriations in section 11, there is allocated for 2018-2019 2019-2020 an amount not to exceed
$2,200,000.00 for supporting the integration of local data systems into the
Michigan data hub network based on common standards and applications that are
in compliance with section 19(6).
(2) An entity that is the fiscal
agent for no more than 5 consortia of intermediate districts that previously received
funding from the technology readiness infrastructure grant under former section
22i for the purpose of establishing regional data hubs that are part of the
Michigan data hub network is eligible for funding under this section.
(3) The center shall work with an
advisory committee composed of representatives from intermediate districts
within each of the data hub regions to coordinate the activities of the
Michigan data hub network.
(4) The center, in collaboration
with the Michigan data hub network, shall determine the amount of funds
distributed under this section to each participating regional data hub within
the network, based upon a competitive grant process. Entities The center shall ensure that the entities receiving
funding under this section shall
represent geographically diverse areas in this state.
(5) Notwithstanding section 17b, the department shall make payments
under this section shall be
made on a schedule determined by the center.
(6) To receive funding under this
section, a regional data hub must have a governance model that ensures local
control of data, data security, and student privacy issues. The integration of
data within each of the regional data hubs shall must provide for the actionable use of data
by districts and intermediate districts through common reports and dashboards
and for efficiently providing information to meet state and federal reporting
purposes.
(7) Participation in a data hub
region in the Michigan data hub network under this section is voluntary and is
not required.
(8) Entities receiving funding
under this section shall use the funds for all of the following:
(a) Creating an infrastructure
that effectively manages the movement of data between data systems used by
intermediate districts, districts, and other educational organizations in
Michigan based on common data standards to improve student achievement.
(b) Utilizing the infrastructure
to put in place commonly needed integrations, reducing cost and effort to do
that work while increasing data accuracy and usability.
(c) Promoting the use of a more
common set of applications by promoting systems that integrate with the
Michigan data hub network.
(d) Promoting 100% district
adoption of the Michigan data hub network by September 30, 2020.
(e) Ensuring local control of
data, data security, and student data privacy.
(f) Utilizing the infrastructure
to promote the actionable use of data through common reports and dashboards
that are consistent statewide.
(g) Creating a governance model
to facilitate sustainable operations of the infrastructure in the future,
including administration, legal agreements, documentation, staffing, hosting,
and funding.
(h) Evaluating future data
initiatives at all levels to determine whether the initiatives can be enhanced
by using the standardized environment in the Michigan data hub network.
(9) Not later than January 1 of
each fiscal year, the center shall prepare a summary report of information
provided by each entity that received funds under this section that includes
measurable outcomes based on the objectives described under this section . The report shall include and a summary of
compiled data from each entity to provide a means to evaluate the effectiveness
of the project. The center shall submit the report to the house and senate
appropriations subcommittees on state school aid and to the house and senate
fiscal agencies.
Sec. 22p. In order to receive
funding under section 22b, a district or public school academy that has a
signed partnership agreement with the department must meet both of the
following:
(a) Amends the Adopts a partnership agreement to include that includes measurable
academic outcomes that will be achieved after 18 months and after 36 months
from the date the agreement was originally signed. Measurable academic outcomes
under this subdivision must include outcomes that put pupils on track to meet
or exceed grade level proficiency
and must be based on district needs identified as required under section 21h.
(b) Amends the Adopts a partnership agreement to include that includes accountability
measures to be imposed if the district or public school academy does not
achieve the measurable academic outcomes under subdivision (a) for a school
subject to a partnership agreement. Accountability measures under this
subdivision may must include either the closure
of the school at the end of the current school year or the reconstitution of
the school. in a final attempt to improve
student educational performance or to avoid interruption of the educational
process. For a public school academy that amends adopts a partnership
agreement under this subdivision, the amended agreement must include a requirement
that if reconstitution is imposed on a school that is operated by the public
school academy and that is subject to the partnership agreement, the school shall must be reconstituted
as described in section 507 of the revised school code, MCL 380.507. For a
district that amends adopts a partnership
agreement under this subdivision, the amended agreement must include a requirement
that if reconstitution is imposed on a school that is operated by the district
and that is subject to the partnership agreement, all of the following apply:
(i)
The district shall make significant changes to the instructional and
noninstructional programming of the school
based on the needs identified through a comprehensive review of data in compliance with section 21h.
(ii) The district shall replace at
least 25% of the faculty and staff of the school.
(ii) (iii) The district shall replace the
principal of the school, unless the current principal has been in place for
less than 3 years and the board of the district determines that it is in the
best interests of the district to retain current school leadership.
(iii) (iv) The reconstitution plan for the
school shall require the adoption of goals similar to the goals included in a
partnership agreement, with a limit of 5 years to achieve the goals. If the
goals are not achieved within 5 years, the superintendent of public instruction
shall either impose a second reconstitution plan on the school or close the
school.
Sec. 24. (1) From the
appropriation in section 11, there is allocated each fiscal year for 2017-2018 and for 2018-2019 for 2019-2020 an amount
not to exceed $7,150,000.00 for payments to the educating district or
intermediate district for educating pupils assigned by a court or the
department of health and human services to reside in or to attend a juvenile
detention facility or child caring institution licensed by the department of
health and human services and approved by the department to provide an
on-grounds education program. The amount of the payment under this section to a
district or intermediate district shall be is calculated as prescribed under subsection
(2).
(2) The department shall allocate the total amount
allocated under this section shall
be allocated by paying to the educating district or intermediate
district an amount equal to the lesser of the district s or intermediate
district s added cost or the department s approved per-pupil allocation for the
district or intermediate district. For the purposes of this subsection:
(a) Added cost means 100% of
the added cost each fiscal year for educating all pupils assigned by a court or
the department of health and human services to reside in or to attend a
juvenile detention facility or child caring institution licensed by the
department of health and human services or the department of licensing and
regulatory affairs and approved by the department to provide an on-grounds
education program. Added cost shall
be is computed
by deducting all other revenue received under this article for pupils described
in this section from total costs, as approved by the department, in whole or in
part, for educating those pupils in the on-grounds education program or in a
program approved by the department that is
located on property adjacent to a juvenile detention facility or child caring
institution. Costs reimbursed by federal funds are not included.
(b) Department s approved
per-pupil allocation for a district or intermediate district shall be is determined by
dividing the total amount allocated under this section for a fiscal year by the
full-time equated membership total for all pupils approved by the department to
be funded under this section for that fiscal year for the district or
intermediate district.
(3) A district or intermediate
district educating pupils described in this section at a residential child
caring institution may operate, and receive funding under this section for, a
department-approved on-grounds educational program for those pupils that is
longer than 181 days, but not longer than 233 days, if the child caring
institution was licensed as a child caring institution and offered in 1991-92
an on-grounds educational program that was longer than 181 days but not longer
than 233 days and that was operated by a district or intermediate district.
(4) Special education pupils
funded under section 53a shall
not be are not funded
under this section.
Sec. 24a. From the appropriation
in section 11, there is allocated an amount not to exceed $1,355,700.00 for 2018-2019 2019-2020 for payments
to intermediate districts for pupils who are placed in juvenile justice service
facilities operated by the department of health and human services. Each The amount of the payment to each intermediate
district shall receive is an amount equal to
the state share of those costs that are clearly and directly attributable to
the educational programs for pupils placed in facilities described in this
section that are located within the intermediate district s boundaries. The
intermediate districts receiving payments under this section shall cooperate
with the department of health and human services to ensure that all funding
allocated under this section is utilized by the intermediate district and
department of health and human services for educational programs for pupils
described in this section. Pupils described in this section are not eligible to be funded under section 24.
However, a program responsibility or other fiscal responsibility
associated with these pupils shall
must not
be transferred from the department of health and human services to a district
or intermediate district unless the district or intermediate district consents
to the transfer.
Sec. 25e. (1) The pupil
membership transfer application and pupil transfer process administered by the
center under this section shall
be is used
for processing pupil transfers.
(2) If a pupil counted in
membership for the pupil membership count day transfers from a district or
intermediate district to enroll in another district or intermediate district
after the pupil membership count day and before the supplemental count day and,
due to the pupil s enrollment and attendance status as of the pupil membership
count day, the pupil was not counted in membership in the educating district or
intermediate district, the educating district or intermediate district may
report the enrollment and attendance information to the center through the
pupil transfer process within 30 days after the transfer or within 30 days
after the pupil membership count certification date, whichever is later. Pupil
transfers may be submitted no earlier than the first day after the
certification deadline for the pupil membership count day and before the
supplemental count day. Upon receipt of the transfer information under this
subsection indicating that a pupil has
enrolled and is in attendance in an educating district or intermediate district
as described in this subsection, the pupil transfer process center shall do the following:
(a) Notify the district in which
the pupil was previously enrolled.
(b) Notify both the pupil
auditing staff of the intermediate district in which the educating district is
located and the pupil auditing staff of the intermediate district in which the
district that previously enrolled the pupil is located. The pupil auditing staff
shall investigate a representative sample based on required audit sample sizes
in the pupil auditing manual and may deny the pupil membership transfer.
(c) Aggregate the districtwide
changes and notify the department for use in adjusting the state aid payment
system.
(3) The department shall do all
of the following:
(a) Adjust the membership
calculation for each district or intermediate district in which the pupil was
previously counted in membership or that previously received an adjustment in
its membership calculation under this section due to a change in the pupil s
enrollment and attendance so that the district s or intermediate district s
membership is prorated to allow the district or intermediate district to
receive for each school day, as determined by the financial calendar furnished
by the center, in which the pupil was enrolled and in attendance in the district or intermediate district an amount
equal to 1/105 of a full-time equated membership claimed in the fall pupil
membership count. The department
shall pay the district or intermediate district shall receive a
prorated foundation allowance in an amount equal to the product of the
adjustment under this subdivision for the district or intermediate district
multiplied by the foundation allowance or per‑pupil payment as calculated
under section 20 for the district or intermediate district. The foundation
allowance or per-pupil payment shall be is
adjusted by the pupil s full-time equated status as affected by
the membership definition under section 6(4).
(b) Adjust the membership
calculation for the educating district or intermediate district in which the
pupil is enrolled and is in attendance so that the district s or intermediate
district s membership is increased to allow the district or intermediate
district to receive an amount equal to the difference between the full-time
equated membership claimed in the fall pupil membership count and the sum of
the adjustments calculated under subdivision (a) for each district or intermediate
district in which the pupil was previously enrolled and in attendance. The department shall pay the educating
district or intermediate district shall receive a prorated foundation allowance
in an amount equal to the product of the adjustment under this subdivision for
the educating district or intermediate district multiplied by the per-pupil
payment as calculated under section 20 for the educating district or
intermediate district. The foundation allowance or per-pupil payment shall be is adjusted by the
pupil s full-time equated status as affected by the membership definition under
section 6(4).
(4) The changes in calculation of
state school aid required under subsection (3) shall take effect as of the date that the
pupil becomes enrolled and in attendance in the educating district or
intermediate district, and the department shall base all subsequent payments
under this article for the fiscal year to the affected districts or
intermediate districts on this recalculation of state school aid.
(5) If a pupil enrolls in an
educating district or intermediate district as described in subsection (2), the
district or intermediate district in which the pupil is counted in membership
or another educating district or intermediate district that received an adjustment
in its membership calculation under subsection (3), if any, and the educating district or intermediate
district shall provide to the center and the department all information
they require to comply with this section.
(6) The portion of the full-time
equated pupil membership for which a pupil is enrolled in 1 or more online
courses under section 21f that is representative of the amount that the primary
district paid in course costs to the course provider shall not be is not counted or transferred under the pupil
transfer process under this section.
(7) It is the intent of the legislature that the center
determine the number of pupils who did not reside in this state as of the
2018-2019 pupil membership count day but who newly enrolled in a district or
intermediate district after that pupil membership count day and before the
2018-2019 supplemental count day. It is the intent of the legislature that the
center further determine the number of pupils who were counted in membership
for the 2018-2019 pupil membership count day but who left this state before the
2018-2019 supplemental count day. In 2019-2020, the The center annually shall provide
a report to the senate and house appropriations subcommittees on state school
aid, and to the senate and house fiscal agencies, detailing the number of
pupils transferring in from outside the public school system of this state and
the number of pupils transferring out of the public school system in this state
between the pupil membership count day and supplemental count day as described
in this subsection.
(8) As used in this section:
(a) Educating district or
intermediate district means the district or intermediate district in which a
pupil enrolls after the pupil membership
count day or after an adjustment was made in another district s or intermediate
district s membership calculation under this section due to the pupil s
enrollment and attendance.
(b) Pupil means that term as
defined under section 6 and also children receiving early childhood special
education programs and services.
Sec. 25f. (1) From the state
school aid fund money appropriated in section 11, there is allocated an amount
not to exceed $1,600,000.00 each
fiscal year for 2017-2018 and for 2018-2019 for 2019-2020 for
payments to strict discipline academies established under sections 1311b to
1311m of the revised school code, MCL 380.1311b to 380.1311m, as provided under
this section.
(2) In order to receive funding
under this section, a strict discipline academy shall first comply with section 25e
and use the pupil transfer process under that section for changes in enrollment
as prescribed under that section.
(3) The total amount allocated to
a strict discipline academy under this section shall first be distributed as
the lesser of the strict discipline academy s added cost or the department s
approved per-pupil allocation for the strict discipline academy. Any funds
remaining after the first distribution shall be distributed by prorating on an
equal per-pupil membership basis, not to exceed a strict discipline academy s
added cost. However, the sum of the amounts received by a strict discipline
academy under this section and under section 24 shall not exceed the product of
the strict discipline academy s per-pupil allocation calculated under section
20 multiplied by the strict discipline academy s full-time equated membership.
The department shall allocate funds to strict discipline academies under this
section on a monthly basis. For the purposes of this subsection:
(a) Added cost means 100% of
the added cost each fiscal year for educating all pupils enrolled and in
regular daily attendance at a strict discipline academy. Added cost shall be
computed by deducting all other revenue received under this article for pupils
described in this subsection from total costs, as approved by the department,
in whole or in part, for educating those pupils in a strict discipline academy.
The department shall include all costs
including, but not limited to, educational costs, insurance, management fees,
technology costs, legal fees, auditing fees, interest, pupil accounting
costs, and any other administrative costs necessary to operate the program or
to comply with statutory requirements. Costs reimbursed by federal funds are
not included.
(b) Department s approved
per-pupil allocation for a strict discipline academy shall be determined by dividing the total amount allocated under this
subsection for a fiscal year by the full-time equated membership total
for all pupils approved by the department to be funded under this subsection
for that fiscal year for the strict discipline academy.
(4) Special education pupils
funded under section 53a shall not be funded under this section.
(5) If the
funds allocated under this section are insufficient to fully fund the
adjustments under subsection (3), payments under this section
shall be prorated on an equal per-pupil basis.
(6) Payments The department shall make payments to
districts under this section shall
be made according to the payment schedule under section 17b.
Sec. 25g. (1) From the state
school aid fund money appropriated in section 11, there is allocated an amount
not to exceed $750,000.00 for 2018-2019
2019-2020 for
the purposes of this section. If
Except as
otherwise provided in this section, if the operation of the special membership counting
provisions under section 6(4)(dd) and the other membership counting
provisions under section 6(4) result in a pupil being counted as more than 1.0
FTE in a fiscal year, then the payment made for the pupil under sections 22a
and 22b shall must not be based on
more than 1.0 FTE for that pupil, and that portion of the FTE that exceeds 1.0 shall be is paid under this
section in an amount equal to that portion multiplied by the educating district s
foundation allowance or per-pupil payment calculated under section 20.
(2) Special education pupils
funded under section 53a shall
not be are not funded
under this section.
(3) If the
funds allocated under this section are insufficient to fully fund the
adjustments under subsection (1), the department shall prorate payments under
this section shall be
prorated on an equal per-pupil basis.
(4) Payments The department shall make payments to
districts under this section shall
be made according to the payment schedule under section 17b.
Sec. 26a.
From the funds appropriated in section 11, there is allocated an amount not to
exceed $15,000,000.00 for 2017-2018 $14,000,000.00 for 2018-2019 and there is allocated an amount
not to exceed $15,000,000.00
for 2018-2019 $15,300,000.00
for 2019-2020 to reimburse districts and intermediate districts
pursuant to section 12 of the Michigan renaissance zone act, 1996 PA 376, MCL
125.2692, for taxes levied in 2017
and 2018 and 2019,
as applicable. The department
shall pay 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.
Sec. 26b. (1) From the
appropriation in section 11, there is allocated for 2018-2019 an amount not to exceed $4,405,100.00
$4,420,100.00 for 2018-2019 and there is allocated an amount not to
exceed $4,641,100.00 for 2019-2020 for
payments to districts, intermediate districts, and community college districts
for the portion of the payment in lieu of taxes obligation that is attributable
to districts, intermediate districts, and community college districts under
section 2154 of the natural resources and environmental protection act, 1994 PA
451, MCL 324.2154.
(2) If the amount appropriated
under this section is not sufficient to fully pay obligations under this
section, payments shall be are prorated on an
equal basis among all eligible districts, intermediate districts, and community
college districts.
Sec. 26c. (1) From the
appropriation in section 11, there is allocated an amount not to exceed $1,600,000.00 for 2017-2018 $3,400,000.00 for 2018-2019 and
there is allocated an amount not to exceed $3,000,000.00 for 2018-2019 $8,400,000.00 for 2019-2020 to
the promise zone fund created in subsection (3). The funds allocated under this
section reflect the amount of revenue from the collection of the state
education tax captured under section 17(2) 17 of the Michigan promise zone authority
act, 2008 PA 549, MCL 390.1677.
(2) Funds allocated to the
promise zone fund under this section shall must be used solely for payments to eligible
districts and intermediate districts, in accordance with section 17(3) 17 of the Michigan
promise zone authority act, 2008 PA 549, MCL 390.1677, that have a promise zone
development plan approved by the department of treasury under section 7 of the
Michigan promise zone authority act, 2008 PA 549, MCL 390.1667. Eligible districts and intermediate districts shall use
payments made under this section for reimburse ment for qualified
educational expenses as defined in section 3 of the Michigan promise zone
authority act, 2008 PA 549, MCL 390.1663.
(3) The promise zone fund is
created as a separate account within the state school aid fund to be used solely
for the purposes of the Michigan promise zone authority act, 2008 PA 549, MCL
390.1661 to 390.1679. All of the following apply to the promise zone fund:
(a) The state treasurer shall
direct the investment of the promise zone fund. The state treasurer shall
credit to the promise zone fund interest and earnings from fund investments.
(b) Money in the promise zone
fund at the close of a fiscal year shall remain remains in the promise zone fund and shall does not lapse to the
general fund.
(4) Subject to subsection (2),
the state treasurer may make payments from the promise zone fund to eligible
districts and intermediate districts pursuant to under the Michigan promise zone authority
act, 2008 PA 549, MCL 390.1661 to 390.1679, to be used for the purposes of a
promise zone authority created under that act.
(5) Notwithstanding section 17b, the department shall make payments
under this section shall be
paid on a schedule determined by the department.
Sec. 28. (1) To recognize
differentiated instructional costs for different types of pupils in 2019-2020,
the following sections provide a weighted foundation allocation or an
additional payment of some type in the following amounts, as allocated under
those sections:
(a) Section 22d, isolated and
rural districts, $7,000,000.00.
(b) Section 31a, at risk, standard
programming, $510,000,000.00.
(c) Section 31a, at risk,
additional payment, $12,000,000.00.
(d) Section 41, bilingual
education for English language learners, $16,000,000.00.
(e) Section 51c, special
education, mandated percentages, $689,100,000.00.
(f) Section 51f, special
education, additional percentages, $30,207,000.00.
(g) Section 61a, career and
technical education, standard reimbursement, $37,611,300.00.
(h) Section 61d, career and technical
education incentives, $10,000,000.00.
(2) The funding described in
subsection (1) is not a separate allocation of any funding but is instead a
listing of funding allocated in the sections listed in subsection (1).
Sec. 31a.
(1) From the state school aid fund money appropriated in section 11, there is
allocated for 2018-2019 2019-2020 an amount not to exceed $528,207,300.00 $535,150,000.00 for
payments to eligible districts and eligible public school academies for the
purposes of ensuring that pupils are proficient in English language arts by the
end of grade 3, that pupils are proficient in mathematics by the end of grade
8, that pupils are attending school regularly, that high school graduates are
career and college ready, and for the purposes under subsections (7) and (8).
(2) For a district that has
combined state and local revenue per membership pupil under sections 20 and 20m section 20 that is
greater than the basic target foundation
allowance under section 20 for the current fiscal year, the allocation under
this section shall be is an amount equal to
30% of the allocation for which it would otherwise be eligible under this
section before any proration under subsection (14).
(3) For a district or public
school academy to be eligible to receive funding under this section, other than
funding under subsection (7) or (8), the district or public school academy, for
grades K to 12, shall comply with the requirements under section 1280f of the
revised school code, MCL 380.1280f, and shall use resources to address early
literacy and numeracy, and for at least grades K to 12 or, if the district or
public school academy does not operate all of grades K to 12, for all of the
grades it operates, must implement a multi-tiered system of supports that is an
evidence-based framework that uses data-driven problem solving to integrate
academic and behavioral instruction and that uses intervention delivered to all
pupils in varying intensities based on pupil needs. The multi-tiered system of
supports described in this subsection must provide at least all of the
following essential components:
(a) Team-based leadership.
(b) A tiered delivery system.
(c) Selection and implementation
of instruction, interventions, and supports.
(d) A comprehensive screening and
assessment system.
(e) Continuous data-based
decision making.
(4) 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
is determined to be economically disadvantaged, as reported to the center in
the form and manner prescribed by the center not later than the fifth Wednesday
after the pupil membership count day of the immediately preceding fiscal year, From the funds allocated under
subsection (1), there is allocated for 2019-2020 an amount not to exceed
$510,000,000.00 to continue a weighted foundation per-pupil payment for
districts and public school academies enrolling economically disadvantaged
pupils. The department shall pay under this section to each eligible district
or eligible public school academy an amount per pupil equal to
11.5% of the statewide weighted average foundation allowance . However, 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 is
determined to be economically disadvantaged, as reported to the center in the
form and manner prescribed by the center not later than the fifth Wednesday
after the pupil membership count day of the current fiscal year, an amount per
pupil equal to 11.5% of the statewide weighted average foundation allowance.for the following, as applicable:
(a) Except as otherwise provided
under subdivision (b) or (c), the greater of the following:
(i) The number of membership pupils
in the district or public school academy who are determined to be economically
disadvantaged, as reported to the center in the form and manner prescribed by
the center not later than the fifth Wednesday after the pupil membership count
day of the immediately preceding fiscal year.
(ii) If the district or public school
academy is in the community eligibility program, the number of pupils
determined to be eligible based on the product of the identified student
percentage reported for community eligibility provision status multiplied by
the total number of membership pupils in the district or public school academy,
as reported to the center in the form and manner prescribed by the center not
later than the fifth Wednesday after the pupil membership count day of the
immediately preceding fiscal year. This subparagraph only applies to a district
or public school academy for the fiscal year immediately following the first
fiscal year in which it is in the community eligibility program.
(b) If the district or public
school academy began operations as a district or public school academy after
the pupil membership count day of the immediately preceding school year, the
number of membership pupils in the district or public school academy who are
determined to be economically disadvantaged, as reported to the center in the
form and manner prescribed by the center not later than the fifth Wednesday
after the pupil membership count day of the current fiscal year.
(c) If the district or public
school academy began operations as a district or public school academy after
the pupil membership count day of the current fiscal year, the number of
membership pupils in the district or public school academy who are determined
to be economically disadvantaged, as reported to the center in the form and
manner prescribed by the center not later than the fifth Wednesday after the supplemental
count day of the current fiscal year.
(5) 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,
mental health, or counseling services, for at-risk pupils; for school health
clinics; and for the purposes of subsection (6), (7), or (8). 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 were
determined to be economically disadvantaged in the immediately preceding state
fiscal year, as determined and reported as described in subsection (4), may use
not more than 20% of the funds it receives under this section for school
security that aligns to the
needs assessment and the multi-tiered system of supports model. A
district or public school academy shall not use any of that money for administrative
costs. 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. Funds spent on school security under this
subsection must be counted toward required spending under subsection (16)(c).
(6) 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.
(7) From the funds allocated
under subsection (1), there is allocated for 2018-2019 2019-2020 an amount not to exceed $6,057,300.00 $8,000,000.00 to
support primary health care services provided to children and adolescents up to
age 21. These funds shall must be expended in a
form and manner determined jointly by the department and the department of
health and human services. 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
must be
used that fiscal year to avoid or minimize any proration that would otherwise
be required under subsection (14) for that fiscal year.
(8) From the funds allocated
under subsection (1), there is allocated for 2018-2019 2019-2020 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 must 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
must be
awarded in a form and manner approved jointly by the department and the
department of health and human services. Notwithstanding section 17b, the department shall make payments
to eligible entities under this subsection shall be paid on a schedule determined by the
department.
(9) 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, in the form and manner
prescribed by the department, that includes a brief description of each program
conducted or services performed 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 or services, the total number of at-risk pupils served
by each of those programs or services, and the data necessary for the
department and the department of health and human services to verify matching
funds for the temporary assistance for needy families program. In prescribing
the form and manner of the report, the department shall ensure that districts
are allowed to expend funds received under this section on any activities that
are permissible under this section. 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 are forfeited to the
school aid fund.
(10) 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.
(11) Subject to subsections (6),
(7), and (8), for schools in which more than 40% of pupils are identified as
at-risk, a district or public school academy may use the funds it receives
under this section to implement tier 1,
evidence-based practices in schoolwide reforms that are guided by
the district s comprehensive needs assessment and are included in the district
improvement plan. Schoolwide reforms must include parent and community
supports, activities, and services, that may include the pathways to potential
program created by the department of health and human services or the
communities in schools program.
As used in this subsection, tier 1, evidence-based practices means
research-based instruction and classroom interventions that are available to
all learners and effectively meet the needs of most pupils.
(12) A district or public school
academy that receives funds under this section may use up to 5% 7.5% of those funds to
provide research-based professional development and to implement a coaching
model that supports the multi-tiered system of supports framework. Professional
development may be provided to district and school leadership and teachers and
must be aligned to professional learning standards; integrated into district,
school building, and classroom practices; and solely related to the following:
(a) Implementing the multi-tiered
system of supports required in subsection (3) with fidelity and utilizing the
data from that system to inform curriculum and instruction.
(b)
Implementing section 1280f of the revised school code, MCL 380.1280f, as
required under subsection (3), with
fidelity.
(13) A district or public school
academy that receives funds under this section may use funds received under
this section to support instructional or behavioral coaches. Funds used for
this purpose are not subject to the cap under subsection (12).
(14) If necessary, and before any
proration required under section 296, the department shall prorate payments
under this section, except payments under subsection (7), (8), or (17), by
reducing the amount of the allocation as otherwise calculated under this
section by an equal percentage per district.
(15) If a
district is dissolved pursuant to section 12 of the revised school code, MCL
380.12, the intermediate district to which the dissolved
school district was constituent shall determine the estimated number of pupils
that are economically disadvantaged and that are enrolled in each of the other
districts within the intermediate district and provide that estimate to the
department for the purposes of distributing funds under this section within 60
days after the school district is declared dissolved.
(16) Beginning in 2019-2020, if a district or public school
academy does not demonstrate to the satisfaction of the department that at
least 50% of at-risk pupils are proficient in English language arts by the end
of grade 3 as measured by the state assessment for the immediately preceding
school year or have achieved at least 1 year s growth in English language arts
during grade 3 as measured by a local benchmark assessment for the immediately
preceding school year, demonstrate to the satisfaction of the department that
at least 50% of at-risk pupils are proficient in mathematics by the end of
grade 8 as measured by the state assessment for the immediately preceding
school year or have achieved at least 1 year s growth in mathematics during
grade 8 as measured by a local benchmark assessment for the immediately
preceding school year, and demonstrate to the satisfaction of the department
improvement over each of the 3 immediately preceding school years in the
percentage of at-risk pupils that are career- and college-ready as determined
by proficiency on the English language arts, mathematics, and science content
area assessments on the grade 11 summative assessment under section
1279g(2)(a) of the revised school code, MCL 380.1279g, the district or public
school academy shall ensure all of the following are required:
(a) The district or public school academy For a district or public school academy
that the department determines has less than 50% of at-risk pupils proficient
in English language arts by the end of grade 3 as measured by the state
assessment for the immediately preceding school year, the department shall
determine the proportion of at-risk pupils in grade 3 that represents the
number of at-risk pupils in grade 3 that are not proficient in English language
arts by the end of grade 3 or
that did not achieve at least 1 year s growth in English language arts during
grade 3, and
shall notify the district or public school academy of that proportion, and
the district or public school academy shall expend that same proportion
multiplied by 1/3 of its total at-risk funds under this section on tutoring and
other methods of improving grade 3 English language arts proficiency or growth.
(b) The district or public school academy For a district or public school
academy that the department determines has less than 50% of at-risk pupils
proficient in mathematics by the end of grade 8 as measured by the state
assessment for the immediately preceding school year, the department shall
determine the proportion of at-risk pupils in grade 8 that represents the
number of at-risk pupils in grade 8 that are not proficient in mathematics by
the end of grade 8 or that
did not achieve at least 1 year s growth in mathematics during grade 8, and shall notify the district or
public school academy of that proportion, and the district or
public school academy shall expend that same proportion multiplied by 1/3 of
its total at-risk funds under this section on tutoring and other methods of
improving grade 8 mathematics proficiency or growth.
(c) The district or public school academy For a district or public school
academy that the department determines has not had improvement for each of the
3 immediately preceding school years in the percentage of at-risk pupils that
are career- and college-ready as determined by proficiency on the English
language arts, mathematics, and science content area assessments on the grade 11
summative assessment under section 1279g(2)(a) of the revised school code, MCL
380.1279g, the department shall determine the proportion of
at-risk pupils in grade 11 that represents the number of at-risk pupils in
grade 11 that are not career- and college-ready
as measured by the student s score on the English language arts, mathematics,
and science content area assessments on the grade 11 summative assessment under
section 1279g(2)(a) of the revised school code, MCL 380.1279g, and shall notify the district or
public school academy of that proportion, and the district or
public school academy shall expend that same proportion multiplied by 1/3 of
its total at-risk funds under this section on tutoring and other activities to
improve scores on the college entrance examination portion of the Michigan
merit examination.
(17) From the funds allocated
under subsection (1), there is allocated for 2018-2019 2019-2020 an amount not to exceed $18,000,000.00 $12,000,000.00 for
payments to districts and public school academies that otherwise received an
allocation under this section
in subsection for
2018-2019 and that
whose allocation
was less under this section for 2018-2019,
excluding any payments under subsection (7) or (8), would have been more than
the district s or public school academy s allocation under this section in 2017-2018. for 2019-2020 as calculated under
subsection (4) only and as adjusted under subsection (14). The
allocation for each district or public school academy under this subsection is
an amount equal to its allocation under this section in 2017-2018 for 2018-2019 minus its allocation as
otherwise calculated under this
section for 2018-2019. subsection (4) for 2019-2020, as adjusted by subsection
(14), using in those calculations the 2017-2018 number of pupils determined to
be economically disadvantaged. However, if the allocation as otherwise
calculated under this subsection would have been less than $0.00, the
allocation under this subsection is $0.00. If necessary, and
before any proration required under section 296, the department shall prorate
payments under this subsection by reducing the amount of the allocation as
otherwise calculated under this subsection by an equal percentage per district
or public school academy.
(18) A district or public school
academy that receives funds under this section may use funds received under
this section to provide an anti-bullying or crisis intervention program.
(19) The department shall
collaborate with the department of health and human services to prioritize
assigning Pathways to Potential Success coaches to elementary schools that have
a high percentage of pupils in grades K to 3 who are not proficient in English
language arts, based upon state assessments for pupils in those grades.
(20) As used in this section:
(a) At-risk pupil means a pupil
in grades K to 12 for whom the district has documentation that the pupil meets
any of the following criteria:
(i)
The pupil is economically disadvantaged.
(ii)
The pupil is an English language learner.
(iii)
The pupil is chronically absent as defined by and reported to the center.
(iv)
The pupil is a victim of child abuse or neglect.
(v)
The pupil is a pregnant teenager or teenage parent.
(vi)
The pupil has a family history of school failure, incarceration, or substance
abuse.
(vii)
The pupil is an immigrant who has immigrated within the immediately preceding 3
years.
(viii)
The pupil did not complete high school in 4 years and is still continuing in
school as identified in the Michigan cohort graduation and dropout report.
(ix)
For pupils for whom the results of the state summative assessment have been
received, is a pupil who did not achieve proficiency on the English language
arts, mathematics, science, or social studies content area assessment.
(x)
Is a pupil who is at risk of not meeting the district s or public school
academy s core academic curricular objectives in English language arts or
mathematics, as demonstrated on local assessments.
(b) Economically disadvantaged
means a pupil who has been determined eligible for free or reduced-price meals
as determined under the Richard B. Russell national school lunch act, 42 USC
1751 to 1769j; who is in a household receiving supplemental nutrition
assistance program or temporary assistance for needy families assistance; or
who is homeless, migrant, or in foster care, as reported to the center.
(c) English language learner
means limited English proficient pupils who speak a language other than English
as their primary language and have difficulty speaking, reading, writing, or
understanding English as reported to the center.
(d) Statewide weighted average
foundation allowance means the number that is calculated by adding together
the result of each district s or public school academy s foundation allowance, not to exceed the target foundation
allowance for the current fiscal year, or per pupil payment
calculated under section 20 multiplied by the number of pupils in membership in
that district or public school academy, and then dividing that total by the
statewide number of pupils in membership. For the purposes of this calculation, a district s
foundation allowance shall not exceed the basic foundation allowance under
section 20 for the current state fiscal year.
Sec. 31b. (1) From the appropriations talent investment fund money
appropriated in section 11, there is allocated an amount not to
exceed $750,000.00 for 2018-2019
2019-2020 only for
grants to at-risk districts for implementing a balanced calendar instructional
program for at least 1 of its schools.
(2) The department shall select
districts for grants under this section from among applicant districts that
meet both of the following:
(a) The district meets 1 or both
of the following:
(i)
Is eligible in 2018-2019 2019-2020 for the
community eligibility option for free and reduced price lunch under 42 USC
1759a.
(ii)
At least 50% 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 under the Richard B. Russell national school lunch act, 42
USC 1751 to 1769j.
(b) The board of the district has
adopted a resolution stating that the district will implement for the first
time a balanced calendar instructional program that will begin in 2019-2020 2020-2021 for at least
1 school operated by the district and committing to providing the balanced
calendar instructional program in each of those schools for at least 3 school
years.
(3) A district seeking a grant
under this section shall apply to the department in the form and manner
prescribed by the department not later than December 1, 2018. 2019. The department
shall select districts for grants and make notification not later than February
1, 2019.2020.
(4) The department shall award
grants under this section on a competitive basis, but shall give priority based
solely on consideration of the following criteria:
(a) Giving priority to districts
that, in the immediately preceding fiscal year, had lower general fund balances
as a percentage of revenues.
(b) Giving priority to districts
that operate at least 1 school that has been identified by the department as
either a priority school or a focus school.
(c) Ensuring that grant funding
includes both rural and urban districts.
(5) The
amount of a grant under this section to any 1 district shall must not exceed $750,000.00.$250,000.00.
(6) A district shall use a grant payment under this
section to a district shall
be used for necessary modifications to instructional facilities
and other nonrecurring costs of preparing for the operation of a balanced
calendar instructional program as approved by the department.
(7) A district receiving a grant
under this section is not required to provide more than the minimum number of
days and hours of pupil instruction prescribed under section 101, but shall
spread at least those minimum amounts of
pupil instruction over the entire year in each of its schools in which a
balanced calendar instructional calendar is implemented. The district
shall commit to providing the balanced calendar instructional calendar in each
of those schools for at least 3 school years.
(8) For a district receiving a
grant under this section, excessive heat is considered to be a condition not
within the control of school authorities for the purpose of days or hours being
counted as days or hours of pupil instruction under section 101(4).
(9) Notwithstanding section 17b, the department shall make grant
payments to districts under this section shall be paid on a schedule determined by the
department.
Sec. 31d.
(1) From the appropriations in section 11, there is allocated an amount not to exceed
$22,802,000.00 for
2017-2018 and there is allocated an amount not to exceed
$23,144,000.00 for 2018-2019
2019-2020 for
the purpose of making payments to districts and other eligible entities under
this section.
(2) The amounts allocated from
state sources under this section shall be are used to pay the amount necessary to
reimburse districts for 6.0127% of the necessary costs of the state mandated
portion of the school lunch programs provided by those districts. The department shall calculate the amount
due to each district under this section shall be computed by the department using the
methods of calculation adopted by the Michigan supreme court in the
consolidated cases known as Durant v State of Michigan, 456 Mich 175
(1997).
(3) The payments made under this
section include all state payments made to districts so that each district
receives at least 6.0127% of the necessary costs of operating the state
mandated portion of the school lunch program in a fiscal year.
(4) The payments made under this
section to districts and other eligible entities that are not required under
section 1272a of the revised school code, MCL 380.1272a, to provide a school
lunch program shall must be in an amount
not to exceed $10.00 per eligible pupil plus 5 cents for each free lunch and 2
cents for each reduced price lunch provided, as determined by the department.
(5) From the federal funds
appropriated in section 11, there is allocated for 2018-2019 2019-2020 all available federal funding,
estimated at $520,000,000.00
$533,000,000.00 for
the national school lunch program and all available federal funding, estimated
at $3,200,000.00 $4,200,000.00 for the
emergency food assistance program.
(6) Notwithstanding section 17b, the department shall make payments
to eligible entities other than districts under this section shall be paid on a
schedule determined by the department.
(7) In purchasing food for a
school lunch program funded under this section, a district or other eligible entity shall give preference
shall be given to
food that is grown or produced by Michigan businesses if it is competitively
priced and of comparable quality.
Sec. 31f.
(1) From the appropriations in section 11, there is allocated an amount not to
exceed $4,500,000.00 for 2018-2019 2019-2020 for the purpose of making payments
to districts to reimburse for the cost of providing breakfast.
(2) The funds allocated under
this section for school breakfast programs shall be are made available to all eligible applicant
districts that meet all of the following criteria:
(a) The district participates in
the federal school breakfast program and meets all standards as prescribed by 7
CFR parts 220 and 245.
(b) Each breakfast eligible for
payment meets the federal standards described in subdivision (a).
(3) The payment for a district
under this section is at a per meal rate equal to the lesser of the district s
actual cost or 100% of the statewide average cost of a breakfast served, as
determined and approved by the department,
less federal reimbursement, participant payments, and other state
reimbursement. The department shall determine the statewide
average cost shall be
determined by the department using costs as reported in a manner
approved by the department for the preceding school year.
(4) Notwithstanding section 17b, the department may make payments
under this section may be
made pursuant to an agreement with the department.
(5) In purchasing food for a
school breakfast program funded under this section, a district shall give preference shall be given to
food that is grown or produced by Michigan businesses if it is competitively
priced and of comparable quality.
Sec. 31j. (1) From the general
fund money appropriated in section 11, there is allocated an amount not to
exceed $575,000.00 $2,000,000.00 for 2018-2019 2019-2020 for a pilot project program to support
districts and sponsors of child
care centers in the purchase of locally grown fruits and
vegetables as described in this section.
(2) The department shall provide funding in an amount equal to
$125,000.00 per region to districts in prosperity regions 2, 4, 6, and 9 for
the pilot project described under this section. In addition, the department
shall provide funding in an amount equal to $75,000.00 to districts in
prosperity region 8 for the pilot project described under this section. From
the funding to districts in subsection (1), funding Funding retained by prosperity regions districts or the sponsors of child
care centers that administer the project shall program must not exceed 10%, and funding
retained by the department for administration shall must not exceed 6%. A prosperity region district or the sponsor of a child
care center may enter into a memorandum of understanding with the
department or another prosperity
region, district
or sponsor of a child care center, or both, to administer the project. program. If the
department administers the project
program for
a prosperity region, district or the sponsor of a child
care center, the department may retain up to 10% of that prosperity region s district s or sponsor s funding
for administration or may
distribute some or all of that 10% to project partners as appropriate.
(3) The department shall develop
and implement a competitive grant program for districts within the identified prosperity
regions and
sponsors of child care centers to assist in paying for the costs
incurred by the district or the
sponsor of the child care center to purchase or increase
purchases of whole or minimally processed fruits, vegetables, and legumes grown
in this state. The maximum amount that may be drawn down on a grant to a
district shall be or the sponsor of a child care center
is based on the number of meals served by the school district
during the previous school year under the Richard B. Russell national school
lunch act, 42 USC 1751 to 1769j
or meals served by the sponsor of the child care center in the previous school year. The department shall collaborate with the
Michigan department of agriculture and rural development to provide training to
newly participating schools and
child care centers and electronic information on Michigan
agriculture.
(4) The goals of the pilot project program under this section include
improving daily nutrition and eating habits for children through the school and child care settings
while investing in Michigan s agricultural and related food business economy.
(5) A district or the sponsor of a child care center
that receives a grant under this section shall use those funds
for the costs incurred by the school
district or the
sponsor to purchase whole or minimally processed fruits,
vegetables, and legumes that meet all of the following:
(a) Are purchased on or after the
date the district or the
sponsor received notification from the department of the amount
to be distributed to the district or the sponsor under this subsection, including purchases
made to launch meals in September 2018 2019 for the 2018-2019 2019-2020 fiscal year.
(b) Are grown in this state and,
if minimally processed, are also processed in this state.
(c) Are used for meals that are
served as part of the United States Department of Agriculture s child nutrition
programs.
(6) For Michigan-grown fruits,
vegetables, and legumes that satisfy the requirements of subsection (5), the department shall make matching
reimbursements shall be made
in an amount not to exceed 10 cents for every school or child care meal that
is served as part of the United States Department of Agriculture s child
nutrition programs and that uses Michigan-grown fruits, vegetables, and
legumes.
(7) A district or the sponsor of a child care center
that receives a grant for reimbursement under this section shall
use the grant to purchase whole or minimally processed fruits, vegetables, and
legumes that are grown in this state and, if minimally processed, are also
processed in this state.
(8) In awarding grants under this
section, the department shall work in conjunction with prosperity region offices, districts and sponsors of child care
centers, in consultation with Michigan-based farm to school resource organizations, to develop scoring
criteria that assess an applicant s ability to procure Michigan-grown
products, prepare and menu Michigan-grown products, promote and market
Michigan-grown products, and submit letters of intent from districts or the sponsors of child care centers
on plans for educational activities that promote the goals of the
program.
(9) The department shall give
preference to districts or
sponsors of child care centers that propose educational activities that meet 1 or more of the
following: promote healthy food activities; have clear educational objectives; involve parents or the community;
connect to a school s or child
care center s farm-to-school or farm-to-early-child-care procurement
activities; and market and promote the program, leading to increased pupil
knowledge and consumption of Michigan-grown products. Applications The department shall give stronger weighting and
consideration to applications with robust marketing and
promotional activities.
shall receive stronger
weighting and consideration.
(10) In awarding grants, the
department shall also consider all of the following: the
(a) The percentage of children who
qualify for free or reduced price school meals under the Richard B. Russell
national school lunch act, 42 USC 1751 to 1769j. ; the
(b) The variety of school or child care center sizes
and geographic locations.
within the identified prosperity
regions; and existing
(c) Existing or future collaboration
opportunities between more than 1 district in a prosperity region.or child care center.
(11) As a condition of receiving
a grant under this section, a district or the sponsor of a child care center shall
provide or direct its vendors to provide to prosperity region offices the department copies
of monthly receipts that show the quantity of different Michigan-grown fruits,
vegetables, and legumes purchased, the amount of money spent on each of these
products, the name and Michigan location of the farm that grew the products,
and the methods or plans to market and promote the program. The district shall or the sponsor of a child care center
also shall provide
to the prosperity region department monthly
lunch numbers and lunch participation rates, and calendars or monthly menus
noting when and how Michigan-grown products were used in meals. The district or the sponsor of the child care
center and school or
child care center food service director or directors also shall
agree to respond to brief online surveys and to provide a report that shows the
percentage relationship of Michigan spending compared to total food spending.
Not later than March 1, 2019,
2020, each
prosperity region office,
either on its own or in conjunction with another prosperity region, district or each sponsor of a child
care center shall submit a report to the department on expected
outcomes and related measurements for economic development and children s
nutrition and readiness to learn based on progress so far. The report shall must include at least
all of the following:
(a) The extent to which farmers
and related businesses, including distributors and processors, see an increase
in market opportunities and income generation through sales of Michigan or
local products to districts and
sponsors of child care centers. All of the following apply for
purposes of this subdivision:
(i)
The data used to determine the amount of this increase shall be are the total dollar
amount of Michigan or local fruits, vegetables, and legumes purchased by
schools and sponsors of child
care centers, along with the number of different types of products
purchased; school and child
care center food purchasing trends identified along with products
that are of new and growing interest among food service directors; the number
of businesses impacted; and the percentage of total food budget spent on
Michigan-grown fruits, vegetables, and legumes.
(ii)
The prosperity region office
district or the
sponsor of a child care center shall use purchasing data
collected for the project program and surveys of
school and child care food
service directors on the impact and success of the project program as the source for the data described
in subparagraph (i).
(b) The ability to which pupils
can access a variety of healthy Michigan-grown foods through schools and child care centers and
increase their consumption of those foods. All of the following apply for
purposes of this subdivision:
(i)
The data used to determine whether this subparagraph is met shall be are the number of
pupils exposed to Michigan-grown fruits, vegetables, and legumes at schools and child care centers;
the variety of products served; new items taste-tested or placed on menus; and
the increase in pupil willingness to try new local, healthy foods.
(ii)
The prosperity region office
district or the
sponsor of a child care center shall use purchasing data collected
for the project, meal count and enrollment numbers, school menu calendars, and
surveys of school and child
care food service directors as the source for the data described
in subparagraph (i).
(12) The department shall compile
the reports provided by prosperity
region offices districts
and sponsors of child care centers under subsection (11) into 1
legislative report. The department shall provide this report not later than
April 1, 2019 2020 to the house and
senate subcommittees responsible for school aid, the house and senate fiscal
agencies, and the state budget director.
(13) Notwithstanding section 17b,
the department shall make payments under this section on a schedule determined
by the department.
Sec. 31n. (1) From the school mental health and support
services fund money appropriated in section 11, there is allocated for 2018-2019 2019-2020 for the purposes of this section an
amount not to exceed $30,000,000.00 and from the general fund money
appropriated in section 11, there is allocated for 2018-2019 2019-2020 for the purposes of this section an
amount not to exceed $1,300,000.00. Not later than February 15, 2019, the The department and the
department of health and human services shall establish continue a program to distribute this funding
to add licensed behavioral health providers for general education pupils, and
shall continue to seek
federal Medicaid match funding for all eligible mental health and support
services.
(2) Not later than February 15, 2019, the The department and the
department of health and human services shall create maintain an advisory council and for programs funded under this
section. The advisory council shall define goals for
implementation of programs funded under this section, and shall provide
feedback on that implementation. At a minimum, the advisory council shall include consist of representatives
of state associations representing school health, school mental health, school
counseling, education, health care, and other organizations, representatives
from the department and the department of health and human services, and a
representative from the school safety task force created under Executive Order
No. 2018-5. The department and department of health and human services, working
with the advisory council, shall determine an approach to increase capacity for
mental health and support services in schools for general education pupils, and
shall determine where that increase in capacity qualifies for federal Medicaid
match funding.
(3) The advisory council shall
develop a fiduciary agent checklist for intermediate districts to facilitate
development of a plan to submit to the department and to the department of
health and human services. The department and department of health and human
services shall determine the requirements and format for intermediate districts to submit a plan for
possible funding under subsection (5). Applications The department shall make applications for funding for this
program shall be made available
to districts and intermediate districts not later than March 1, 2019, December 1, 2019, and shall award the funding
shall be awarded not
later than April 1, 2019.February 1, 2020.
(4) Not later than January 1, 2019, the The department of
health and human services shall seek to amend the state Medicaid plan or obtain
appropriate Medicaid waivers as necessary for the purpose of generating
additional Medicaid match funding for school mental health and support services
for general education pupils. It
is the intent of the legislature The intent is that a successful state plan
amendment or other Medicaid match mechanisms will result in additional federal
Medicaid match funding for both the new funding allocated under this section
and for any expenses already incurred by districts and intermediate districts
for mental health and support services for general education pupils.
(5) From the funds allocated
under subsection (1), there is allocated for 2019-2020 an amount not to exceed $5,000,000.00 $6,500,000.00 to be
distributed to the existing network
of child and adolescent health centers to place a licensed master s level
behavioral health provider in schools that do not currently have services
available to general education students. Existing child and adolescent health
centers receiving funding under this
subsection shall provide a commitment to maintain services and implement all
available federal Medicaid match methodologies. The department of health
and human services shall use all existing or additional federal Medicaid match
opportunities to maximize funding allocated under this subsection. Funds The department shall provide funds under
this subsection shall be
provided to existing child and adolescent health centers in the
same proportion that funding under section 31a(7) is provided to child and
adolescent health centers located and operating in those districts.
(6) From the funds allocated
under subsection (1), there is allocated for 2019-2020 an amount not to exceed $16,500,000.00 $23,000,000.00 to be
distributed to intermediate districts for the provision of mental health and
support services to general education students. From the funds allocated under
this subsection, the department shall distribute $294,500.00 $410,700.00 to each intermediate district
that submits a plan approved by the
department and the department of health and human services. The department and
department of health and human services shall work cooperatively in
providing oversight and assistance to intermediate districts during the plan
submission process and shall monitor the program upon implementation. An
intermediate district shall use funds awarded under this subsection to provide
funding to its constituent districts,
including public school academies that are considered to be constituent
districts under section 705(7) of the revised school code, MCL
380.705, for the provision of mental health and support services to general
education students. In addition to the criteria identified under subsection
(7), an intermediate district shall consider geography, cost, or other
challenges when awarding funding to its constituent districts. If funding
awarded to an intermediate district remains after funds are provided by the
intermediate district to its constituent districts, the intermediate district
may hire or contract for experts to provide mental health and support services
to general education students residing within the boundaries of the
intermediate district.
(7) A district requesting funds
under this section from the intermediate district in which it is located shall
submit an application for funding for the provision of mental health and
support services to general education pupils. A district receiving funding from
the application process described in this subsection shall provide services to
nonpublic students upon request. An intermediate district shall not
discriminate against an application submitted by a public school academy simply
on the basis of the applicant being a public school academy. Grant The department shall approve grant applications
shall be approved based
on the following criteria:
(a) The district s commitment to
maintain mental health and support services delivered by licensed providers
into future fiscal years.
(b) The district s commitment to implement all work with its intermediate district
to use funding it receives under this section that is spent by the district for
general education pupils toward partic ipation in federal
Medicaid match methodologies.
and A district must provide
a local match of at least 20%
of the funding allocated to the district under section 31n.
(c) The district s commitment to
adhere to any local funding requirements determined by the department and the
department of health and human services.
(d) The extent of the district s
existing partnerships with community health care providers or the ability of
the district to establish such partnerships.
(e) The district s documentation
of need, including gaps in current mental health and support services for the
general education population.
(f) The district s submission of
a formal plan of action identifying the number of schools and students to be
served.
(g) Whether the district will
participate in ongoing trainings.
(h) Whether the district will
submit an annual report to the state.
(i) Whether the district
demonstrates a willingness to work with the state to establish program and
service delivery benchmarks.
(j) Whether the district has
developed a school safety plan or is in the process of developing a school
safety plan.
(k) Any other requirements
determined by the department or the department of health and human services.
(8) Funding under this section,
including any federal Medicaid funds that are generated, shall must not be used to
supplant existing services.
(9) Both of the following are
allocated for 2018-2019 2019-2020 to the
department of health and human services from the general fund money allocated
under subsection (1):
(a) An amount not to exceed
$1,000,000.00 for the purpose of upgrading technology and systems
infrastructure and other administrative requirements to support the programs
funded under this section.
(b) An amount not to exceed
$300,000.00 for the purpose of administering the programs under this section
and working on generating additional Medicaid funds as a result of programs
funded under this section.
(10) From the funds allocated
under subsection (1), there is allocated for 2018-2019 2019-2020 an amount not to exceed $500,000.00
to intermediate districts on an equal per intermediate district basis for the
purpose of administering programs funded under this section.
(11) The department and the
department of health and human services shall work with the advisory council to
develop proposed measurements of outcomes and performance. Those measurements
shall include, at a minimum, the number of pupils served, the number of schools
served, and where those pupils and schools were located. The department and the
department of health and human services shall compile data necessary to measure
outcomes and performance, and districts and intermediate districts receiving
funding under this section shall provide data requested by the department and
department of health and human services for the measurement of outcomes and
performance. The department and department of health and human services shall
provide a report not later than December 1, 2019 and by December 1 annually
thereafter to the house and senate appropriations subcommittees on school aid
and health and human services, and to the house and senate fiscal agencies. At
a minimum, the report shall must include
measurements of outcomes and performance, proposals to increase efficacy and
usefulness, proposals to increase performance, and proposals to expand
coverage.
(12) From the funds allocated in
subsection (1), there is allocated for 2018-2019 an amount not to exceed
$8,000,000.00 for the behavioral health team pilot program. The department
shall award funds under this subsection to intermediate school districts to
create school-based behavioral health assessment teams utilizing a train the
trainer model of training that focuses on providing age-appropriate
interventions, identifying behaviors that suggest a pupil may be struggling
with mental health challenges, providing treatment and support of the pupil,
and using disciplinary interventions and the criminal justice system as methods
of last resort. The intermediate district may hire or contract with experts to
provide training to intermediate district staff so that it may provide similar
training for staff of the constituent districts. The department shall award the
entire $8,000,000.00 allocated under this subsection by allocating an equal
dollar amount to each intermediate district that has its application approved
under subsection (13).
(13) An intermediate district
shall apply for funds under subsection (12) in a form and manner determined by
the department. The application shall include, but is not limited to, all of
the following:
(a) A detailed plan on how the
intermediate district will work with constituent districts to identify a
behavioral health assessment team within each school to be trained under this
pilot. The plan shall demonstrate that a behavioral health assessment team must
consist of, but is not limited to, all of the following individuals:
(i) School administrators and
teachers.
(ii) An individual whose primary
purpose is ensuring safety in a school.
(iii) Pathways to potential workers,
if the school participates in the pathways to potential program.
(iv) Local mental health agency
representatives.
(v) Local law enforcement agency
personnel.
(vi) If appropriate under the model
being used, a pupil.
(b) Identification of a behavioral
health assessment training implementation plan that shall include a description
of how results of the training will be incorporated into administrative
policies and a comprehensive school safety plan, including into a multi-tiered
system of support.
(14) The funds allocated under
this section for 2018-2019 are a work project appropriation, and any unexpended
funds for 2018-2019 are carried forward into 2019-2020. The purpose of the work
project is to continue to provide funding for the expansion of mental health
and support services for general education students. The estimated completion
date of the work project is September 30, 2022.
Sec. 32d. (1) From the funds
appropriated in section 11, there is allocated to eligible intermediate
districts and consortia of intermediate
districts for great start readiness programs an amount not to exceed $244,600,000.00 $249,600,000.00 for 2018-2019. Funds 2019-2020. An intermediate district
or consortium shall use funds allocated under this section for great start
readiness programs shall be
used to provide part-day, school-day, or GSRP/Head Start
blended comprehensive free compensatory classroom programs designed to improve
the readiness and subsequent achievement of educationally disadvantaged
children who meet the participant eligibility and prioritization guidelines as
defined by the department. For a child to be eligible to participate in a program under this section, the child shall must be at least 4, but
less than 5, years of age as of September 1 of the school year in
which the program is offered and shall must meet those eligibility and
prioritization guidelines. A child who is not 4 years of age as of September 1,
but who will be 4 years of age not later than December
1, is eligible to participate if the child s parent or legal guardian seeks a
waiver from the September 1 eligibility date by submitting a
request for enrollment in a program to the responsible intermediate district,
if the program has capacity on or after September 1 of the school year, and if
the child meets eligibility and prioritization guidelines.
(2) From the
funds allocated under subsection (1), an amount not to exceed $242,600,000.00 $247,600,000.00 is allocated to intermediate
districts or consortia of intermediate districts based on the formula in
section 39. An intermediate district or consortium of intermediate districts
receiving funding under this section shall act as the fiduciary for the great
start readiness programs. In order to be eligible to receive funds allocated
under this subsection from an intermediate district or consortium of
intermediate districts, a district, a consortium of districts, or a public or
private for-profit or nonprofit legal entity or agency shall comply with this
section and section 39.
(3) In addition to the allocation
under subsection (1), from the general fund money appropriated under section 11, there is allocated an amount not to
exceed $300,000.00 for
2018-2019 $350,000.00
for 2019-2020 for a competitive grant to continue a longitudinal
evaluation of children who have participated in great start readiness programs. This evaluation must include a
comparative analysis of the relationship between great start readiness programs
and performance on the kindergarten readiness assessment funded under section
104. The evaluation must use children wait-listed under this section for
comparison, must include a determination of the specific great start readiness
program in which the kindergarten students were enrolled and attended in the previous
school year, and must analyze Michigan kindergarten entry observation tool
scores for students taking the Michigan kindergarten entry observation tool
each year and produce a report as required under section 104. For 2019-2020,
the performance data on the kindergarten readiness assessment must be submitted
to the center at the same time as the Spring Michigan student data system
collection. Beginning in 2020-2021, the performance data on the kindergarten
readiness assessment must be submitted to the center at the same time as the
Fall Michigan student data system collection. The responsibility for the
analysis required under this subsection may be added to the requirements that
the department currently has with its competitively designated current grantee.
(4) To be eligible for funding
under this section, a program shall
must prepare
children for success in school through comprehensive part-day, school-day, or
GSRP/Head Start blended programs that contain all of the following program
components, as determined by the department:
(a) Participation in a
collaborative recruitment and enrollment process to assure that each child is
enrolled in the program most appropriate to his or her needs and to maximize
the use of federal, state, and local funds.
(b) An age-appropriate
educational curriculum that is in compliance with the early childhood standards
of quality for prekindergarten children adopted by the state board, including,
at least, the Connect4Learning curriculum.
(c) Nutritional services for all
program participants supported by federal, state, and local resources as
applicable.
(d) Physical and dental health
and developmental screening services for all program participants.
(e) Referral services for
families of program participants to community social service agencies,
including mental health services, as appropriate.
(f) Active and continuous
involvement of the parents or guardians of the program participants.
(g) A plan to conduct and report
annual great start readiness program evaluations and continuous improve ment
plans using criteria approved by the department.
(h) Participation in a school
readiness advisory committee convened as a workgroup of the great start collaborative that provides for the involvement of
classroom teachers, parents or guardians of program participants, and
community, volunteer, and social service agencies and organizations, as
appropriate. The advisory committee annually shall review and make
recommendations regarding the program components listed in this subsection. The
advisory committee also shall make recommendations to the great start
collaborative regarding other community services designed to improve all children s
school readiness.
(i) The ongoing articulation of
the kindergarten and first grade programs offered by the program provider.
(j) Participation in this state s
great start to quality process with a rating of at least 3 stars.
(5) An application for funding
under this section shall must provide for the
following, in a form and manner determined by the department:
(a) Ensure compliance with all
program components described in subsection (4).
(b) Except as otherwise provided
in this subdivision, ensure that at least 90% of the children participating in
an eligible great start readiness program for whom the intermediate district is
receiving funds under this section are children who live with families with a
household income that is equal to or less than 250% of the federal poverty level. guidelines. If the
intermediate district determines that all eligible children are being served
and that there are no children on the waiting list who live with families with
a household income that is equal to or less than 250% of the federal poverty level, guidelines, the
intermediate district may then enroll children who live with families with a
household income that is equal to or less than 300% of the federal poverty level. guidelines. The
enrollment process shall must consider income
and risk factors, such that children determined with higher need are enrolled
before children with lesser need. For purposes of this subdivision, all
age-eligible children served in foster care or who are experiencing
homelessness or who have individualized education plans programs recommending placement in an
inclusive preschool setting shall
be are considered
to live with families with household income equal to or less than 250% of the
federal poverty level guidelines regardless
of actual family income and shall
be are prioritized
for enrollment within the lowest quintile.
(c) Ensure that the applicant
only uses qualified personnel for this program, as follows:
(i)
Teachers possessing proper training. A lead teacher must have a valid teaching
certificate with an early childhood (ZA or ZS) endorsement or a bachelor s or
higher degree in child development or early childhood education with
specialization in preschool teaching. However, if an applicant demonstrates to
the department that it is unable to fully comply with this subparagraph after
making reasonable efforts to comply, teachers who have significant but
incomplete training in early childhood education or child development may be
used if the applicant provides to the department, and the department approves,
a plan for each teacher to come into compliance with the standards in this
subparagraph. A teacher s compliance plan must be completed within 2 years of
the date of employment. Progress toward completion of the compliance plan shall consist consists of at least 2
courses per calendar year.
(ii)
Paraprofessionals possessing proper training in early childhood education,
including an associate s degree in early childhood education or child
development or the equivalent, or a child development associate (CDA)
credential. However, if an applicant demonstrates to the department that it is
unable to fully comply with this subparagraph after making reasonable efforts
to comply, the applicant may use paraprofessionals who have completed at least 1 course that earns college credit in early
childhood education or child development if the applicant provides to
the department, and the department approves, a plan for each paraprofessional
to come into compliance with the standards in this subparagraph. A
paraprofessional s compliance plan must be completed within 2 years of the date
of employment. Progress toward completion of the compliance plan shall consist consists of at least 2
courses or 60 clock hours of training per calendar year.
(d) Include a program budget that
contains only those costs that are not reimbursed or reimbursable by federal
funding, that are clearly and directly attributable to the great start
readiness program, and that would not be incurred if the program were not being
offered. Eligible costs include transportation costs. The program budget shall must indicate the
extent to which these funds will supplement other federal, state, local, or
private funds. Funds An applicant shall not use funds received
under this section shall not
be used to supplant any federal funds received by the applicant
to serve children eligible for a federally funded preschool program that has
the capacity to serve those children.
(6) For a grant recipient that
enrolls pupils in a school-day program funded under this section, each child
enrolled in the school-day program shall be is counted as described in section 39 for
purposes of determining the amount of the grant award.
(7) For a grant recipient that
enrolls pupils in a GSRP/Head Start blended program, the grant recipient shall
ensure that all Head Start and GSRP policies and regulations are applied to the
blended slots, with adherence to the highest standard from either program, to
the extent allowable under federal law.
(8) An intermediate district or
consortium of intermediate districts receiving a grant under this section shall
designate an early childhood coordinator, and may provide services directly or
may contract with 1 or more districts or public or private for-profit or
nonprofit providers that meet all requirements of subsections (4) and (5).
(9) An intermediate district or
consortium of intermediate districts may retain for administrative services
provided by the intermediate district or consortium of intermediate districts
an amount not to exceed 4% of the grant amount. Expenses incurred by
subrecipients engaged by the intermediate district or consortium of
intermediate districts for directly running portions of the program shall be are considered program
costs or a contracted program fee for service.
(10) An intermediate district or
consortium of intermediate districts may expend not more than 2% of the total
grant amount for outreach, recruiting, and public awareness of the program.
(11) Each grant recipient shall
enroll children identified under subsection (5)(b) according to how far the
child s household income is below 250% of the federal poverty level guidelines by ranking
each applicant child s household income from lowest to highest and dividing the
applicant children into quintiles based on how far the child s household income
is below 250% of the federal poverty level, guidelines, and then enrolling children in
the quintile with the lowest household income before enrolling children in the
quintile with the next lowest household income until slots are completely
filled. If the grant recipient determines that all eligible children are being
served and that there are no children on the waiting list who live with families
with a household income that is equal to or less than 250% of the federal
poverty level, guidelines, the grant
recipient may then enroll children who live with families with a household
income that is equal to or less than 300% of the federal poverty level. guidelines. The
enrollment process shall must consider income
and risk factors, such that children determined with higher need are enrolled
before children with lesser need. For purposes of this subdivision, subsection, all
age-eligible children served in foster care or who are experiencing
homelessness or who have individualized education plans programs recommending placement in an
inclusive preschool setting shall
be are considered
to live with families with household income equal to or less than 250% of the
federal poverty level guidelines regardless
of actual family income and shall
be are prioritized
for enrollment within the lowest quintile.
(12) An intermediate district or
consortium of intermediate districts receiving a grant under this section shall
allow parents of eligible children who are residents of the intermediate
district or within the consortium to choose a program operated by or contracted
with another intermediate district or consortium of intermediate districts and
shall enter into a written agreement regarding payment, in a manner prescribed
by the department.
(13) An intermediate district or
consortium of intermediate districts receiving a grant under this section shall
conduct a local process to contract with interested and eligible public and
private for-profit and nonprofit community-based providers that meet all
requirements of subsection (4) for at least 30% of its total allocation. For
the purposes of this 30% allocation, an intermediate district or consortium of
intermediate districts may count children served by a Head Start grantee or
delegate in a blended Head Start and great start readiness school-day program.
Children served in a program funded only through Head Start shall not be are not counted toward
this 30% allocation. The intermediate district or consortium shall report to
the department, in a manner prescribed by the department, a detailed list of
community-based providers by provider type, including private for-profit,
private nonprofit, community college or university, Head Start grantee or
delegate, and district or intermediate district, and the number and proportion
of its total allocation allocated to each provider as subrecipient. If the
intermediate district or consortium is not able to contract for at least 30% of
its total allocation, the grant recipient shall notify the department and, if
the department verifies that the intermediate district or consortium attempted
to contract for at least 30% of its total allocation and was not able to do so,
then the intermediate district or consortium may retain and use all of its
allocation as provided under this section. To be able to use this exemption,
the intermediate district or consortium shall demonstrate to the department
that the intermediate district or consortium increased the percentage of its
total allocation for which it contracts with a community-based provider and the
intermediate district or consortium shall submit evidence satisfactory to the
department, and the department must be able to verify this evidence,
demonstrating that the intermediate district or consortium took measures to
contract for at least 30% of its total allocation as required under this
subsection, including, but not limited to, at least all of the following
measures:
(a) The intermediate district or
consortium notified each nonparticipating licensed child care center located in
the service area of the intermediate district or consortium regarding the
center s eligibility to participate, in a manner prescribed by the department.
(b) The intermediate district or
consortium provided to each nonparticipating licensed child care center located
in the service area of the intermediate district or consortium information
regarding great start readiness program requirements and a description of the
application and selection process for community-based providers.
(c) The intermediate district or
consortium provided to the public and to participating families a list of
community-based great start readiness program subrecipients with a great start
to quality rating of at least 3 stars.
(14) If an intermediate district
or consortium of intermediate districts receiving a grant under this section
fails to submit satisfactory evidence to demonstrate its effort to contract for
at least 30% of its total allocation, as required under subsection (13), the
department shall reduce the allocation to the intermediate district or
consortium by a percentage equal to the difference between the percentage of an
intermediate district s or consortium s total allocation awarded to
community-based providers and 30% of its total allocation.
(15) In order to assist
intermediate districts and consortia in complying with the requirement to
contract with community-based providers for at least 30% of their total
allocation, the department shall do all of the following:
(a) Ensure that a great start
resource center or the department provides each intermediate district or
consortium receiving a grant under this section with the contact information
for each licensed child care center located in the service area of the
intermediate district or consortium by March 1 of each year.
(b) Provide, or ensure that an
organization with which the department contracts provides, a community-based
provider with a validated great start to quality rating within 90 days of the
provider s having submitted a request and self-assessment.
(c) Ensure that all intermediate
district, district, community college or university, Head Start grantee or
delegate, private for-profit, and private nonprofit providers are subject to a
single great start to quality rating system. The rating system shall must ensure that
regulators process all prospective providers at the same pace on a first-come,
first-served basis and shall
must not
allow 1 type of provider to receive a great start to quality rating ahead of
any other type of provider.
(d) Not later than December 1 of
each year, compile the results of the information reported by each intermediate
district or consortium under subsection (13) and report to the legislature a
list by intermediate district or consortium with the number and percentage of
each intermediate district s or consortium s total allocation allocated to
community-based providers by provider type, including private for-profit,
private nonprofit, community college or university, Head Start grantee or
delegate, and district or intermediate district.
(16) A recipient of funds under
this section shall report to the center in a form and manner prescribed by the
center the information necessary to derive the number of children participating
in the program who meet the program eligibility criteria under subsection
(5)(b), the number of eligible children not participating in the program and on
a waitlist, and the total number of children participating in the program by
various demographic groups and eligibility factors necessary to analyze
equitable and priority access to services for the purposes of subsection (3).
(17) As used in this section:
(a) GSRP/Head Start blended
program means a part-day program funded under this section and a Head Start
program, which are combined for a school-day program.
(b) Federal poverty guidelines
means the guidelines published annually in the Federal Register by the United
States Department of Health and Human Services under its authority to revise
the poverty line under 42 USC 9902.
(c) (b) Part-day program means a
program that operates at least 4 days per week, 30 weeks per year, for at least
3 hours of teacher-child contact time per day but for fewer hours of
teacher-child contact time per day than a school-day program.
(d) (c) School-day program means a
program that operates for at least the same length of day as a district s first
grade program for a minimum of 4 days per week, 30 weeks per year. A classroom
that offers a school-day program must enroll all children for the school day to
be considered a school-day program.
(18) An intermediate district or
consortium of intermediate districts receiving funds under this section shall
establish and charge tuition according to a sliding scale of tuition rates
based upon household income for children participating in an eligible great
start readiness program who live with families with a household income that is
more than 250% of the federal poverty level guidelines to be used by all of its
providers, as approved by the department.
(19) From the amount appropriated allocated in subsection
(1), (2), there is allocated
for 2019-2020 an
amount not to exceed $10,000,000.00 for reimbursement of transportation costs
for children attending great start readiness programs funded under this
section. To receive reimbursement under this subsection, not later than
November 1, 2018, of each year, a program
funded under this section that provides transportation shall submit to the
intermediate district that is the fiscal agent for the program a projected
transportation budget. The amount of the reimbursement for transportation under
this subsection shall be is no more than the
projected transportation budget or $300.00 multiplied by the number of children
funded for the program under this section.
If the amount allocated under this subsection is insufficient to fully
reimburse the transportation costs for all programs that provide
transportation and submit the required information, the department shall prorate the
reimbursement shall be
prorated in an equal amount per child funded. Payments shall be made The department shall make payments to
the intermediate district that is the fiscal agent for each program, and the
intermediate district shall then reimburse the program provider for
transportation costs as prescribed under this subsection.
(20) Subject to, and from the
funds allocated under, subsection (19), the department shall reimburse a program
for transportation costs related to parent- or guardian-accompanied
transportation provided by transportation
service companies, buses, or other public transportation services. To be
eligible for reimbursement under this subsection, a program must submit
to the intermediate district or consortia of intermediate districts all of the
following:
(a) The names of families
provided with transportation support along with a documented reason for the
need for transportation support and the type of transportation provided.
(b) Financial documentation of
actual transportation costs incurred by the program, including, but not limited
to, receipts and mileage reports, as determined by the department.
(c) Any other documentation or
information determined necessary by the department.
(21) The department shall
implement a process to review and approve age-appropriate comprehensive
classroom level quality assessments for GSRP grantees that support the early
childhood standards of quality for prekindergarten children adopted by the
state board. The department shall make available to intermediate districts at
least 2 classroom level quality assessments that were approved in 2018.
(22) An intermediate district
that is a GSRP grantee may approve the use of a supplemental curriculum that
aligns with and enhances the age-appropriate educational curriculum in the
classroom. If the department objects to the use of a supplemental curriculum
approved by an intermediate district, the superintendent of public instruction shall
establish a review committee independent of the department. The review
committee shall meet within 60 days of the
department registering its objection in writing and provide a final
determination on the validity of the objection within 60 days of the
review committee s first meeting.
(23) The department shall
implement a process to evaluate and approve age-appropriate educational
curricula that are in compliance with the early childhood standards of quality
for prekindergarten children adopted by the state board.
(24) From the funds allocated
under subsection (1), there is allocated for 2019-2020 an amount not to exceed
$2,000,000.00 for payments to intermediate districts or consortia of
intermediate districts for professional development and training materials for
educators in programs implementing new curricula. in 2019-2020.
(25) A great start readiness
program or a GSRP/Head Start blended program funded under this section shall be is permitted to utilize
AmeriCorps Pre-K Reading Corps members in classrooms implementing
research-based early literacy intervention strategies.
Sec. 32p.
(1) From the appropriation in section 11, there is allocated an amount not to
exceed $13,400,000.00 to intermediate districts for 2018-2019 2019-2020 for the
purpose of providing early childhood funding to intermediate school districts
to support the activities under subsection (2) and subsection (4), and to
provide early childhood programs for children from birth through age 8. The
funding provided to each intermediate district under this section shall be is determined by the
distribution formula established by the department s office of great start to
provide equitable funding statewide. In order to receive funding under this
section, each intermediate district shall provide an application to the office
of great start not later than September 15 of the immediately preceding fiscal
year indicating the activities planned to be provided.
(2) Each intermediate district or
consortium of intermediate districts that receives funding under this section
shall convene a local great start collaborative and a parent coalition. The
goal of each great start collaborative and parent coalition shall be is to ensure the
coordination and expansion of local early childhood infrastructure and programs
that allow every child in the community to achieve the following outcomes:
(a) Children born healthy.
(b) Children healthy, thriving,
and developmentally on track from birth to third grade.
(c) Children developmentally
ready to succeed in school at the time of school entry.
(d) Children prepared to succeed
in fourth grade and beyond by reading proficiently by the end of third grade.
(3) Each
local great start collaborative and parent coalition shall convene workgroups
to make recommendations about community services
designed to achieve the outcomes described in subsection (2) and to ensure that
its local great start system includes the following supports for children from
birth through age 8:
(a) Physical health.
(b) Social-emotional health.
(c) Family supports and basic
needs.
(d) Parent education.
(e) Early education, including
the child s development of skills linked to success in foundational literacy,
and care.
(4) From the funds allocated in
subsection (1), at least $2,500,000.00 shall must be used for the purpose of providing
home visits to at-risk children and their families. The home visits shall must be conducted as
part of a locally coordinated, family-centered, evidence-based, data-driven
home visit strategic plan that is approved by the department. The goals of the
home visits funded under this subsection shall be are to improve school readiness using
evidence-based methods, including a focus on developmentally appropriate
outcomes for early literacy, to reduce the number of pupils retained in grade
level, to reduce the number of pupils requiring special education services, to
improve positive parenting practices, and to improve family economic self-sufficiency
while reducing the impact of high-risk factors through community resources and
referrals. The department shall coordinate the goals of the home visit
strategic plans approved under this subsection with other state agency home
visit programs in a way that strengthens Michigan s home visiting
infrastructure and maximizes federal funds available for the purposes of
at-risk family home visits. The coordination among departments and agencies is
intended to avoid duplication of state services and spending, and should
emphasize efficient service delivery of home visiting programs.
(5) Not later than December 1 of
each year, each intermediate district shall provide a report to the department
detailing the activities actually provided during the immediately preceding
school year and the families and children actually served. At a minimum, the
report shall must include an
evaluation of the services provided with additional funding under subsection
(4) for home visits, using the goals identified in subsection (4) as the basis
for the evaluation, including the degree to which school readiness was
improved, any change in the number of pupils retained at grade level, and any change in
the number of pupils receiving special education services, the degree to which positive parenting practices were
improved, the degree to which there was improved family economic
self-sufficiency, and the degree to which community resources and referrals
were utilized. The
department shall compile and summarize these reports and submit its summary to
the house and senate appropriations subcommittees on school aid and to the
house and senate fiscal agencies not later than February 15 of each year.
(6) An intermediate district or
consortium of intermediate districts that receives funding under this section
may carry over any unexpended funds received under this section into the next
fiscal year and may expend those unused funds through June 30 of the next
fiscal year. A recipient of a grant shall return any unexpended grant funds to
the department in the manner prescribed by the department not later than
September 30 of the next fiscal year after the fiscal year in which the funds
are received.
Sec. 35a. (1) From the
appropriations in section 11, there is allocated for 2018-2019 2019-2020 for the purposes of this section an
amount not to exceed $27,900,000.00
$57,200,000.00 from
the state school aid fund and an amount not to exceed $3,500,000.00 $3,000,000.00 from the general talent investment fund.
The superintendent shall designate staff or contracted employees funded under
this section as critical shortage. Programs funded under this section are
intended to ensure that this state will be in the top 10 most improved states in grade 4 reading
proficiency by the 2019 National Assessment of Educational Progress (NAEP) and
will be in the a top
10 states overall state in grade 4
reading proficiency by 2025
according to the National Assessment of Educational Progress (NAEP).
(2) A district that receives
funds under subsection (5) may spend up to 5% of those funds for professional
development for educators in a department-approved research-based training
program related to current state literacy standards for pupils in grades K to
3. The professional development shall must also include training in the use of
screening and diagnostic tools, progress monitoring, and intervention methods
used to address barriers to learning and delays in learning that are diagnosed
through the use of these tools.
(3) A district that receives
funds under subsection (5) may use up to 5% of those funds to administer
department-approved screening and diagnostic tools to monitor the development
of early literacy and early reading skills of pupils in grades K to 3 and to
support research-based professional development for educators in administering
screening and diagnostic tools and in data interpretation of the results
obtained through the use of those tools for the purpose of implementing a
multi-tiered system of support to improve reading proficiency among pupils in grades K to 3. A department-approved
screening and diagnostic tool administered by a district using funding
under this section must include all of the following components: phonemic
awareness, phonics, fluency, and comprehension. Further, all of the following
sub-skills must be assessed within each of these components:
(a) Phonemic awareness -
segmentation, blending, and sound manipulation (deletion and substitution).
(b) Phonics - decoding (reading)
and encoding (spelling).
(c) Fluency - reading rate, accuracy,
and expression.
(d) Comprehension - making
meaning of text.
(4) From the allocations under
subsection (1), there is allocated an amount not to exceed $7,000,000.00 $21,000,000.00 for 2018-2019 2019-2020 for the
purpose of providing early literacy coaches at intermediate districts to assist teachers in developing and
implementing instructional strategies for pupils in grades K to 3 so
that pupils are reading at grade level by the end of grade 3. All of the
following apply to funding under this subsection:
(a) The department shall develop
an application process consistent with the provisions of this subsection. An application shall must provide assurances that literacy coaches
funded under this subsection are knowledgeable about at least the
following:
(i)
Current state literacy standards for pupils in grades K to 3.
(ii)
Implementing an instructional delivery model based on frequent use of
formative, screening, and diagnostic tools, known as a multi-tiered system of
support, to determine individual progress for pupils in grades K to 3 so that
pupils are reading at grade level by the end of grade 3.
(iii)
The use of data from diagnostic tools to determine the necessary additional
supports and interventions needed by individual pupils in grades K to 3 in order
to be reading at grade level.
(b) From the allocation under
this subsection, the department shall award grants to intermediate districts
for the support of early literacy coaches. An intermediate district must
provide matching funds for at least 50% of the grant amount awarded to support
the cost of the literacy coach. The department shall provide this funding in
the following manner:
(i)
Each The department shall award each intermediate
district shall be awarded grant
funding to support the cost of 1 early literacy coach in an equal amount per
early literacy coach, not to exceed $75,000.00.
(ii)
After distribution of the grant funding under subparagraph (i), the department shall distribute the
remainder of grant funding for additional early literacy coaches in an amount
not to exceed $75,000.00 per early literacy coach. The number of funded early
literacy coaches for each intermediate district shall be is based on the percentage of the total
statewide number of pupils in grades K to 3 who meet the income eligibility
standards for the federal free and reduced-price lunch programs who are
enrolled in districts in the intermediate district. For each additional early
literacy coach funded under this subparagraph, the department shall not make an
award to an intermediate district under this subparagraph in an amount that is
less than the amount necessary to pay 1/2 of the total cost of that additional
early literacy coach.
(c) If an intermediate district
that receives funding under this subsection uses an assessment tool that
screens for signs of dyslexia, the intermediate district shall use the
assessment results from that assessment tool to identify pupils who demonstrate
signs of dyslexia.
(5) From the allocations under
subsection (1), there is allocated an amount not to exceed $19,900,000.00 for 2018-2019 2019-2020 to districts that provide
additional instructional time to those pupils in grades K to 3 who have
been identified by using department-approved screening and diagnostic tools as
needing additional supports and interventions in order to be reading at grade
level by the end of grade 3. Additional instructional time may be provided
before, during, and after regular school hours or as part of a year-round
balanced school calendar. All of the following apply to funding under this
subsection:
(a) In order to be eligible to
receive funding, a district shall demonstrate to the satisfaction of the department
that the district has done all of the following:
(i)
Implemented a multi-tiered system of support instructional delivery model that
is an evidence-based model that uses data-driven problem solving to integrate
academic and behavioral instruction and that uses intervention delivered to all
pupils in varying intensities based on pupil needs. The multi-tiered system of
supports must provide at least all of the following essential components:
(A) Team-based leadership.
(B) A tiered delivery system.
(C) Selection and implementation
of instruction, interventions, and supports.
(D) A comprehensive screening and
assessment system.
(E) Continuous data-based
decision making.
(ii)
Used department-approved research-based diagnostic tools to identify individual
pupils in need of additional instructional time.
(iii)
Used a reading instruction method that focuses on the 5 fundamental building
blocks of reading: phonics, phonemic awareness, fluency, vocabulary, and
comprehension and content knowledge.
(iv) Provided teachers of pupils in grades K to 3
with research-based professional development in diagnostic data interpretation.
(v)
Complied with the requirements under section 1280f of the revised school code,
MCL 380.1280f.
(b) Funding The department shall distribute funding allocated
under this subsection shall
be distributed to eligible districts on an equal
per-first-grade-pupil basis.
(c) If the funds allocated under
this subsection are insufficient to fully fund the payments under this
subsection, payments under this subsection shall be are prorated on an equal per-pupil basis
based on grade 1 pupils.
(6) Not later than September 1, 2019, of each year, a
district that receives funding under this section, subsection (4), (5), or (11), in conjunction
with the Michigan data hub network, if possible, shall provide to the
department a report that includes at least both of the following, in a form and
manner prescribed by the department:
(a) For pupils in grades K to 3,
the pupils, schools, and grades served with funds under this section and the
categories of services provided.
(b) For pupils in grades K to 3,
pupil proficiency and growth data that allows analysis both in the aggregate
and by each of the following subgroups, as applicable:
(i)
School.
(ii)
Grade level.
(iii)
Gender.
(iv)
Race.
(v)
Ethnicity.
(vi)
Economically disadvantaged status.
(vii)
Disability.
(viii)
Pupils identified as having reading deficiencies.
(7) From the general talent investment fund
money allocated in subsection (1), the department shall allocate the amount of
$3,000,000.00 for 2018-2019 2019-2020 only to the
Michigan Education Corps for the PreK Reading Corps, the K3 Reading Corps, and
the Math Corps. All of the following apply to funding under this subsection:
(a) By September 1 of the current
fiscal year, the Michigan Education Corps shall provide a report concerning its
use of the funding to the senate and house appropriations subcommittees on
state school aid, the senate and house fiscal agencies, and the senate and
house caucus policy offices on outcomes and performance measures of the
Michigan Education Corps, including, but not limited to, the degree to which
the Michigan Education Corps s replication of the Michigan PreK Reading Corps,
K3 Reading Corps, and Math Corps programs is demonstrating sufficient efficacy
and impact. The report must include data pertaining to at least all of the
following:
(i)
The current impact of the programs on this state in terms of numbers of
children and schools receiving support. This portion of the report shall must specify the number
of children tutored, including dosage and completion, and the demographics of
those children.
(ii)
Whether the assessments and interventions are implemented with fidelity. This
portion of the report shall must include details on
the total number of assessments and interventions completed and the range,
mean, and standard deviation.
(iii)
Whether the literacy or math improvement of children participating in the
programs is consistent with expectations. This portion of the report shall must detail at least
all of the following:
(A) Growth rate by grade or age
level, in comparison to targeted growth rate.
(B) Average linear growth rates.
(C) Exit rates.
(D) Percentage of children who
exit who also meet or exceed spring benchmarks.
(iv)
The impact of the programs on organizations and stakeholders, including, but
not limited to, school administrators, internal coaches, and AmeriCorps
members.
(b) If the department determines
that the Michigan Education Corps has misused the funds allocated under this
subsection, the Michigan Education Corps shall reimburse this state for the
amount of state funding misused.
(c) The department may not
reserve any portion of the allocation provided under this subsection for an
evaluation of the Michigan Education Corps, the Michigan Education Corps
funding, or the Michigan Education Corps
programming unless agreed to in writing by the Michigan Education Corps. The
department shall award the entire $3,000,000.00 allocated under this
subsection to the Michigan Education Corps and shall not condition the awarding
of this funding on the implementation of an independent evaluation.
(8) From the general fund money
allocated under subsection (1), there is allocated an amount not to exceed
$500,000.00 for 2018-2019 for a grant to an eligible program that has a goal to
slow or prevent the K to 4 summer reading slide among all pupils enrolled in
grades K to 4, particularly those from economically disadvantaged households.
Funds allocated under this subsection are grant funds and must be distributed
by the department. A program is eligible if it meets at least all of the following:
(a) The program s objective is to
deliver a bilingual, in-home, individualized summer reading program consisting
of self-selected, independent reading level books to K to 4 pupils each week
during the summer.
(b) Is evaluated quantitatively
and qualitatively using pre- and post-standardized test score comparison and
parent and school surveys specific to each district.
(c) Incorporates at least weekly
interactive parental and family engagement during the summer.
(d) Builds on pedagogical and
literacy principles to scaffold fluency to improve reading comprehension with
pupil exercises.
(e) Provides at least 4, and up to
9, student-selected new books to read and keep.
(f) Collects, analyzes, and
reports detailed data on parental engagement, books read, and spring-to-fall
reading scores.
(g) Follows the department s top
10 in 10 goals and strategies, with an emphasis on goals 4 and 5.
(h) Focuses on in-home program
delivery through weekly mailings.
(i) Provides summary data to the
legislature and to the department for all pupils served by the program after
each summer.
(8) (9) From the state school aid fund
money allocated under subsection (1), there is allocated an amount not to
exceed $1,000,000.00 for 2018-2019
2019-2020 to
an intermediate district in which the combined total number of pupils in
membership of all of its constituent districts is the fewest among all
intermediate districts. All of the following apply to the funding under this
subsection:
(a) Funding under this subsection
must be used by the intermediate district, in partnership with an association that represents intermediate district
administrators in this state, to implement both of the following:
(i)
Literacy essentials teacher and principal training modules.
(ii)
Face-to-face and online professional learning of literacy essentials teacher
and principal training modules for literacy coaches, principals, and teachers.
(b) Not later than September 1 of
each year, the intermediate district described in this subsection, in
consultation with grant recipients, shall submit a report to the chairs of the
senate and house appropriations subcommittees on state school aid and the
chairs of the senate and house standing committees responsible for education
legislation. The report described under this subdivision must include student
achievement results in English language arts and survey results with feedback
from parents and teachers regarding the initiatives implemented under this
subsection.
(9) The intermediate district
described in subsection (8), in partnership with an association that represents
intermediate district administrators in this state, shall use not more than
$300,000.00 of the state school aid fund money allocated in subsection (1) for
the purpose of providing literacy training, modeling, coaching, and feedback
for district and public school academy principals. The training must use the
pre-K and K-3 essential instructional practices in literacy created by the
General Education Leadership Network as the framework for all training. Training
must be provided in 5 regions in the state to provide easy access for all
principals. In addition, training must be competency-based and must lead to
both credit toward required continuing education hours and a micro-credential
in literacy instruction.
(10) If a district or intermediate
district expends any funding received under subsection (4) or (5) for
professional development in research-based effective reading instruction, the
district or intermediate district shall select a professional development
program from the list described under subdivision (a). All of the following
apply to the requirement under this subsection:
(a) The department shall issue a
request for proposals for professional development programs in research-based
effective reading instruction to develop an initial approved list of
professional development programs in research-based effective reading
instruction. The department shall complete and make the initial approved list
public not later than December 1, 2019. After December 1, 2019, the department
shall determine if it will, on a rolling basis, approve any new proposals
submitted for addition to its initial approved list.
(b) To be included as an approved
professional development program in research-based effective reading
instruction under subdivision (a), an applicant must demonstrate to the
department in writing the program s competency in all of the following topics:
(i) Understanding of phonemic
awareness, phonics, fluency, vocabulary, and comprehension.
(ii) Appropriate use of assessments
and differentiated instruction.
(iii) Selection of appropriate
instructional materials.
(iv) Application of research-based
instructional practices.
(c) As used in this subsection, effective
reading instruction means reading instruction scientifically proven to result
in improvement in pupil reading skills.
(11) From the money allocated
under subsection (1), there is allocated for 2019-2020 only an amount not to
exceed $15,000,000.00 for a summer school reading program for grade 3 pupils
who did not score at least proficient on the English language arts portion of
the Michigan student test of educational progress (M-STEP) and for pupils in
grades K to 2 who are not reading at grade level. All of the following apply to
the funding allocated under this subsection:
(a) To be eligible for funding
under this subsection, a district must apply in a form and manner determined by
the department by not later than December 15, 2019.
(b) The department shall award
funding under this subsection not later than March 15, 2020.
(c) The amount of funding to each
eligible district is equal to the quotient of $15,000,000.00 divided by the sum
of the number of pupils determined by the department to have scored less than proficient
on the English language arts portion of the 2019 grade 3 Michigan student test
of educational progress (M-STEP) among all of the districts that apply and are
eligible for funding for a summer school reading program under this subsection.
(d) A district that is awarded
funding under this subsection must agree to use the funding for 3 summer
school reading programs over 3 fiscal years.
(e) A district that is awarded
funding under this subsection must prioritize its summer school reading program
toward grade 3 pupils who scored less than proficient on the English language
arts portion of the Michigan student test of educational progress (M-STEP), but
may extend the program to any pupil in grades K to 2 who is not reading at
grade level if the program has capacity.
(12) (10) Notwithstanding section 17b, the department shall make payments
made under subsection (9)
shall be made not later than March 1, 2019.subsections (7), (8), (9), and (11) on a schedule
determined by the department.
Sec. 35b. (1) From the general
fund money appropriated in section 11, there is allocated for 2018-2019 2019-2020 only an
amount not to exceed $250,000.00
$350,000.00 for
a grant to be distributed by the department to the Children s Choice Initiative
to create a pilot program to use a multisensory structured language education
method to improve reading proficiency rates and to comply with section 1280f of
the revised school code, MCL 380.1280f.
(2) Grant funds awarded under
this section must be expended for the following purposes:
(a) Professional development
including training staff and tutors in a multisensory, sequential, systematic
education approach.
(b) Additional instructional time
before, during, or after school for pupils in grades K to 3 identified as
having an early literacy delay or reading deficiency using a multisensory,
sequential, systematic education approach.
(3) Not later than December 1,
2020, an entity that receives grant funds under this section shall report to
the house and senate appropriations subcommittees on school aid, the house and
senate fiscal agencies, and the state budget director on all of the following
for the grant funds awarded under this section:
(a) The number of staff and
tutors trained.
(b) The number of pupils in
grades K to 3 identified as having an early literacy delay or reading
deficiency served.
(c) The number of hours of added
instructional time provided to pupils served.
(d) Pupil reading proficiency and
growth data of pupils served as
necessary to evaluate the effectiveness of the program.
Sec. 35c. (1) From the state
school aid fund money appropriated under section 11, there is allocated an
amount not to exceed $300,000.00 for 2019-2020 only for a grant to be
distributed by the department to an eligible district to create a pilot program
to use a multisensory structured reading instruction professional development
program to improve reading proficiency rates.
(2) A district is eligible for a
grant under this section if the district meets all of the following:
(a) The district partners with a
multisensory, structured reading instruction professional development program
that meets all of the following:
(i) Is based in Michigan.
(ii) Has 20 or more years of
experience in reading instruction.
(iii) Has trained at least 100,000
teachers in reading instruction.
(iv) Has at least 25 training
instructors with at least a master s degree who are certified on the Knowledge
and Practice Examination for Effective Reading Instruction through the Center
for Effective Reading Instruction.
(v) Provides training in more than
40 states.
(vi) Offers graduate-level credits
through a regionally accredited university.
(b) The district partners with the
program described in subdivision (a) to provide multisensory structured reading
instruction professional development for staff in grades K to 3 general
education or grades K to 12 special education, or both.
(3) A
district may expend grant funds awarded under this section, in collaboration
with the multi sensory structured reading instruction professional development
program described in subsection (2), for the following purposes:
(a) Professional development,
including training staff in the multisensory, sequential, systematic education
approach used by the program.
(b)
Multisensory, sequential, systematic education approach teaching materials for
pupils in grades K to 3
general education or K to 12 special education, or both.
(4) Not later than December 1,
2021, a district that receives grant funds under this section shall report to
the house and senate appropriations subcommittees on school aid, the house and
senate fiscal agencies, and the state budget director on all of the following
for the grant funds awarded under this section:
(a) The number of staff trained.
(b) The number of general
education and special education pupils served, including the number of pupils
identified as having an early literacy delay or reading deficiency.
(c) The number of hours of added
instructional time provided to the pupils served.
(d) Pupil reading proficiency and
growth data of pupils served as necessary to evaluate the effectiveness of the
program.
Sec. 35d. (1)
From the general fund money appropriated in section 11, there is allocated for
2019-2020 only an amount not to exceed
$500,000.00 for a competitive grant for an intermediate district to implement a
social-emotional learning pilot program. The department shall determine the
process for application and criteria for awarding the grant.
(2) An intermediate district that
is awarded a grant under this section shall do all of the following in
implementing the pilot program:
(a) Conduct the pilot program in 5
districts, at least 1 of which is an urban district, at least 1 of which is a
suburban district, and at least 1 of which is a rural district.
(b) Provide training to teachers
and building-level administrators on coaching and feedback techniques on the
topic of social-emotional learning experiences.
(3) The department shall conduct a
survey of the districts in the social-emotional learning pilot program before
and after implementation of the social-emotional learning pilot program in
order to measure the impact of the pilot program.
(4) The department shall provide
to the house and senate appropriations subcommittees on school aid and the
house and senate fiscal agencies a report that contains the results of the
survey under subsection (3) and an evaluation of the strengths, weaknesses, and
effectiveness of the pilot program.
(5) The department may withhold
for the administration of this section an amount not to exceed 5% of the funds
allocated under this section.
Sec. 39. (1) An eligible
applicant receiving funds under section 32d shall submit an application, in a
form and manner prescribed by the department, by a date specified by the
department in the immediately preceding state fiscal year. The application shall not require an An eligible applicant is not required to
amend the applicant s current accounting cycle or adopt this state s fiscal
year accounting cycle in accounting for financial transactions under this
section. The application shall
must include
all of the following:
(a) For 2018-2019 calculations, the The estimated total
number of children in the community who meet the criteria of section 32d, as
provided to the applicant by the department utilizing the most recent
population data available from the American Community Survey conducted by the
United States Census Bureau. Beginning
in 2018-2019, the The
department shall ensure that it provides updated American
Community Survey population data at least once every 3 years.
(b) The estimated number of
children in the community who meet the criteria of section 32d and are being
served exclusively by Head Start programs operating in the community.
(c) The
number of children whom the applicant has the capacity to serve who meet the
criteria of section 32d
including a verification of physical facility and staff resources capacity.
(2) After notification of funding
allocations, an applicant receiving funds under section 32d shall also submit
an implementation plan for approval, in a form and manner prescribed by the
department, by a date specified by the department, that details how the
applicant complies with the program components established by the department
pursuant to section 32d.
(3) The initial allocation to
each eligible applicant under section 32d shall be is the lesser of the following:
(a) The sum of the number of
children served in a school-day program in the preceding school year multiplied
by $7,250.00 and the number of children served in a GSRP/Head Start blended
program or a part-day program in the preceding school year multiplied by
$3,625.00.
(b) The sum of the number of
children the applicant has the capacity to serve in 2018-2019 the current school year in a school-day
program multiplied by $7,250.00 and the number of children served in a GSRP/Head Start blended program or a part-day
program the applicant has the capacity to serve in 2018-2019 the current school year multiplied by
$3,625.00.
(4) If funds remain after the
allocations under subsection (3), the department shall distribute the remaining
funds to each intermediate district or consortium of intermediate districts
that serves less than the state percentage benchmark determined under
subsection (5). These The department shall distribute these
remaining funds shall
be distributed to each eligible applicant based upon each
applicant s proportionate share of the remaining unserved children necessary to
meet the statewide percentage benchmark in intermediate
districts or consortia of intermediate districts serving less than the
statewide percentage benchmark. When all applicants have been given the
opportunity to reach the statewide percentage benchmark, the statewide
percentage benchmark may be reset, as determined by the department, until
greater equity of opportunity to serve eligible children across all
intermediate school districts has been achieved.
(5) For the purposes of
subsection (4), for the
2018-2019 program year, the department shall calculate a
percentage of children served by each intermediate district or consortium of
intermediate districts by dividing the number of children served in the
immediately preceding year by that intermediate district or consortium by the
total number of children within the intermediate district or consortium of
intermediate districts who meet the criteria of section 32d as determined by
the department utilizing the most recent population data available from the
American Community Survey conducted by the United States Census Bureau. The
department shall compare the resulting percentage of eligible children served
to a statewide percentage benchmark to determine if the intermediate district
or consortium is eligible for additional funds under subsection (4). For 2018-2019, the The statewide
percentage benchmark is 60%.
(6) If, taking into account the
total amount to be allocated to the applicant as calculated under this section,
an applicant determines that it is able to include additional eligible children
in the great start readiness program without additional funds under section
32d, the applicant may include additional eligible children but shall does not receive
additional funding under section 32d for those children.
(7) The department shall review
the program components under section 32d and under this section at least
biennially. The department also shall convene a committee of internal and
external stakeholders at least once every 5 years to ensure that the funding
structure under this section reflects current system needs under section 32d.
(8) As used in this section, school-day
program , GSRP/Head Start blended program , and part-day program mean those
terms as defined in section 32d.
Sec. 39a. (1) From the federal funds
appropriated in section 11, there is allocated for 2018-2019 2019-2020 to districts, intermediate
districts, and other eligible entities all available federal funding, estimated
at $730,600,000.00 $725,600,000.00 for the
federal programs under the no child left behind act of 2001, Public Law
107-110, or the every student succeeds act, Public Law 114-95. These funds are
allocated as follows:
(a) An amount estimated at
$1,200,000.00 for 2018-2019 2019-2020 to provide
students with drug- and violence-prevention
programs and to implement strategies to improve school safety, funded from
DED-OESE, drug-free schools and communities funds.
(b) An amount estimated at
$100,000,000.00 for 2018-2019
2019-2020 for
the purpose of preparing, training, and recruiting high-quality teachers and
class size reduction, funded from DED-OESE, improving teacher quality funds.
(c) An amount estimated at
$11,000,000.00 for 2018-2019
2019-2020 for
programs to teach English to limited English proficient (LEP) children, funded
from DED-OESE, language acquisition state grant funds.
(d) An amount estimated at
$2,800,000.00 for 2018-2019 2019-2020 for rural and
low income schools, funded from DED-OESE, rural and low income school funds.
(e) An amount estimated at
$535,000,000.00 for 2018-2019
2019-2020 to
provide supplemental programs to enable
educationally disadvantaged children to meet challenging academic standards,
funded from DED-OESE, title I, disadvantaged children funds.
(f) An amount estimated at
$9,200,000.00 for 2018-2019 2019-2020 for the
purpose of identifying and serving migrant children, funded from DED-OESE,
title I, migrant education funds.
(g) An amount estimated at
$39,000,000.00 for 2018-2019
2019-2020 for
the purpose of providing high-quality extended learning opportunities, after
school and during the summer, for children in low-performing schools, funded
from DED-OESE, twenty-first century community learning center funds.
(h) An amount estimated at
$12,000,000.00 for 2018-2019
2019-2020 to
help support local school improvement efforts, funded from DED-OESE, title I,
local school improvement grants.
(i) An
amount estimated at $15,400,000.00 for 2018-2019 2019-2020 to improve the academic achievement of students, funded from
DED-OESE, title IV, student support and academic enrichment grants.
(j) An amount estimated at
$5,000,000.00 for 2018-2019 for the remaining balance of the amount
appropriated under the former section 32r, for federal funding awarded to this
state under sections 14005, 14006, and 14013 of title XIV of the American
recovery and reinvestment act of 2009, Public Law 111-5, for the race to the
top early learning challenge grant.
(2) From the
federal funds appropriated in section 11, there is allocated for 2018-2019 2019-2020 to districts, intermediate districts, and
other eligible entities all available federal funding, estimated at $51,200,000.00 for 2018-2019 $49,100,000.00 for 2019-2020 for
the following programs that are funded by federal grants:
(a) An amount estimated at
$100,000.00 for 2018-2019 2019-2020 for acquired
immunodeficiency syndrome education grants, funded from HHS Centers for
Disease Control and Prevention, AIDS funding.
(b) An amount estimated at
$1,900,000.00 for 2018-2019 2019-2020 to provide
services to homeless children and youth, funded from DED-OVAE, homeless
children and youth funds.
(c) An amount estimated at
$4,000,000.00 for 2018-2019 2019-2020 to provide
mental health, substance abuse, or violence prevention services to students,
funded from HHS-SAMHSA.
(d) An amount estimated at
$24,000,000.00 for 2018-2019
2019-2020 for
providing career and technical education services to pupils, funded from
DED-OVAE, basic grants to states.
(e) An amount estimated at
$14,000,000.00 for 2018-2019
2019-2020 for
the Michigan charter school subgrant program, funded from DED OII, public
charter schools program funds.
(f) An amount estimated at $7,200,000.00 for 2018-2019 $5,100,000.00 for 2019-2020 for
the purpose of promoting and expanding high-quality preschool services, funded
from HHS OCC, preschool development funds.
(3) All The department shall distribute 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. Notwithstanding section 17b, the department shall make payments of federal funds to
districts, intermediate districts, and other eligible entities under this
section shall be paid on
a schedule determined by the department.
(4) For the purposes of applying
for federal grants appropriated under this article, the department shall allow
an intermediate district to submit a consortium application on behalf of 2 or
more districts with the agreement of those districts as appropriate according
to federal rules and guidelines.
(5) For the purposes of funding
federal title I grants under this article, in addition to any other federal
grants for which a the strict discipline
academy is eligible, the department shall allocate to a strict discipline academies academy out of title I, part A funds an amount equal to what
a the strict discipline
academy would have received if included and calculated under title I, part D,
or what it would receive under the formula allocation under title I, part A,
whichever is greater.
(6) 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-OII means the DED
Office of Innovation and Improvement.
(d) DED-OVAE means the DED
Office of Vocational and Adult Education.
(e) HHS means the United States
Department of Health and Human Services.
(f) HHS-OCC means the HHS
Office of Child Care.
(g) HHS-SAMHSA means the HHS
Substance Abuse and Mental Health Services Administration.
Sec. 41. (1) For a district or
public school academy to be eligible to receive funding under this section, the
district or public school academy must administer to English language learners
the English language proficiency assessment
known as the WIDA ACCESS for English language learners or the WIDA Alternate
ACCESS . From the appropriation in section 11, there is allocated an amount not
to exceed $6,000,000.00 $13,000,000.00 for 2018-2019 2019-2020 for payments
to eligible districts and eligible public school academies for services for
English language learners who have been administered the WIDA ACCESS for
English language learners.
(2) Funding The department shall distribute funding allocated
under this section shall be
distributed subsection
(1) to eligible districts and eligible public school academies
based on the number of full-time equivalent English language learners as
follows:
(a) $620.00 $900.00 per full-time equivalent English
language learner who has been assessed under the WIDA ACCESS for English
language learners or the WIDA Alternate ACCESS with a WIDA ACCESS or WIDA
Alternate ACCESS composite score between 1.0 and 1.9, or less, as applicable to
each assessment.
(b) $410.00 $620.00 per full-time equivalent English
language learner who has been assessed under the WIDA ACCESS for English
language learners or the WIDA Alternate ACCESS with a WIDA ACCESS or WIDA
Alternate ACCESS composite score between 2.0 and 2.9, or less, as applicable to
each assessment.
(c) $100.00 per full-time
equivalent English language learner who has been assessed under the WIDA ACCESS
for English language learners or the WIDA Alternate ACCESS with a WIDA ACCESS
or WIDA Alternate ACCESS composite score
between 3.0 and 3.9, or less, as applicable to each assessment.
(3) If funds allocated under this section subsection (1) are
insufficient to fully fund the payments as prescribed under subsection (2), the department shall prorate payments
shall be prorated on
an equal percentage basis, with the same percentage proration applied to both all funding categories.
(4) Each district or public
school academy receiving funds under this section subsection (1) 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, subsection (1) in a
form and manner determined by the department, which shall include including a brief description of each program
conducted or services performed by the district or public school academy using
funds under this section subsection (1) and the
amount of funds under this
section subsection
(1) allocated to each of those programs or services. If a
district or public school academy does not comply with this section, 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 section subsection by the end
of the state fiscal year, the withheld funds shall be are forfeited to the school aid fund.
(5) In order to receive funds
under this section, subsection (1), 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
this state for all disallowances found in the audit.
(6) Beginning July 1, 2020, and
every 3 years thereafter, the department shall review the per-pupil
distribution under subsection (2), to ensure that funding levels are
appropriate and make recommendations for adjustments to the members of the
senate and house subcommittees on K-12 school aid appropriations.
(7) In addition to the money
allocated under subsection (1), from the talent investment fund money
appropriated under section 11, there is allocated for 2019-2020 only an amount
not to exceed $3,000,000.00 for 1-time payments to districts and public school
academies for capital improvements in support of programming and instruction
for English language learners. The department shall make payments to districts
and public school academies in the same proportion of the total amount
allocated under this subsection as the amount of the district s or public
school academy s payment under subsection (2) represents compared to the total
payments made under subsection (2).
Sec. 51a.
(1) From the appropriation in section 11, there is allocated an amount not to
exceed $960,446,100.00 for
2017-2018 $1,008,996,100.00
for 2018-2019 and there is
allocated an amount not to exceed $983,196,100.00 for 2018-2019 $1,045,196,100.00 for 2019-2020 from state sources and all
available federal funding under sections 611 to 619 of part B of the
individuals with disabilities education act, 20 USC 1411 to 1419, estimated at
$370,000,000.00 each fiscal year for 2017-2018 2018-2019 and for 2018-2019, 2019-2020, plus any carryover federal funds from previous year appropriations. In
addition, from the general fund appropriation in section 11, there is
allocated to the department an amount not to exceed $500,000.00 for each fiscal year for 2017-2018
and for 2018-2019 for the purpose of subsection (16). The
allocations under this subsection are for the purpose of reimbursing districts
and intermediate districts for special education programs, services, and
special education personnel as prescribed in article 3 of the revised school
code, MCL 380.1701 to 380.1761; net tuition payments made by intermediate
districts to the Michigan Schools for the Deaf and Blind; and special education
programs and services for pupils who are eligible for special education
programs and services according to statute or rule. For meeting the costs of
special education programs and services not reimbursed under this article, a
district or intermediate district may use money in general funds or special education
funds, not otherwise restricted, or contributions from districts to
intermediate districts, tuition payments, gifts and contributions from
individuals or other entities, or federal funds that may be available for this
purpose, as determined by the intermediate district plan prepared pursuant to under article 3 of the revised school code, MCL
380.1701 to 380.1761. Notwithstanding section 17b, the department shall make payments of federal funds to
districts, intermediate districts, and other eligible entities under this
section shall be paid on
a schedule determined by the department.
(2) From the funds allocated
under subsection (1), there is allocated the amount necessary, and estimated at $266,900,000.00 for 2017-2018 $286,800,000.00 for 2018-2019 and
estimated at $273,100,000.00
for 2018-2019, $297,800,000.00
for 2019-2020, for payments toward reimbursing districts and
intermediate districts for 28.6138% of total approved costs of special
education, excluding costs reimbursed under section 53a, and 70.4165% of
total approved costs of special education transportation. Allocations under
this subsection shall be are made as follows:
(a) The department shall calculate the initial amount
allocated to a district under this subsection toward fulfilling the specified
percentages shall be
calculated by multiplying the district s special education pupil
membership, excluding pupils described in subsection (11), times the foundation
allowance under section 20 of the pupil s district of residence, plus the amount of the district s
per-pupil allocation under section 20m, not to exceed the basic
foundation allowance under section 20 for the current 2018-2019 fiscal year and beginning with 2019-2020 not to exceed the target
foundation allowance for the current fiscal year, or, for a
special education pupil in membership in a district that is a public school
academy, times an amount equal to the amount per membership pupil calculated
under section 20(6). For an intermediate district, the amount allocated under
this subdivision toward fulfilling the specified percentages shall be is an amount per
special education membership pupil, excluding pupils described in subsection
(11), and shall be is calculated in the
same manner as for a district, using the foundation allowance under section 20
of the pupil s district of residence, not to exceed the basic foundation
allowance under section 20 for the current 2018-2019 fiscal year , and that district s per-pupil allocation under section
20m.and beginning
with 2019-2020 not to exceed the target foundation allowance for the current
fiscal year.
(b) After the allocations under
subdivision (a), districts
and intermediate districts the department shall pay a district or intermediate
district for which the payments calculated under subdivision (a)
do not fulfill the specified percentages shall be paid the amount necessary to achieve
the specified percentages for the district or intermediate district.
(3) From the funds allocated
under subsection (1), there is allocated for 2017-2018 2018-2019 an amount not to exceed $1,300,000.00 $1,200,000.00 and there
is allocated for 2019-2020 an
amount not to exceed $1,300,000.00
for 2018-2019 $1,000,000.00
to make payments to districts and intermediate districts under
this subsection. If the amount allocated to a district or intermediate district
for a fiscal year under subsec tion (2)(b) is less than the sum of the
amounts allocated to the district or intermediate district for 1996-97 under
sections 52 and 58, there is allocated to the district or intermediate district
for the fiscal year an amount equal to that difference, adjusted by applying
the same proration factor that was used in the distribution of funds under
section 52 in 1996-97 as adjusted to the district s or intermediate district s
necessary costs of special education used in calculations for the fiscal year.
This adjustment is to reflect reductions in special education program operations
or services between 1996-97 and subsequent fiscal years. Adjustments The department shall make adjustments
for reductions in special education program operations or
services shall be made in
a manner determined by the department and shall include adjustments for program
or service shifts.
(4) If the department determines
that the sum of the amounts allocated for a fiscal year to a district or
intermediate district under subsection (2)(a) and (b) is not sufficient to
fulfill the specified percentages in subsection (2), then the department shall pay the shortfall
shall be paid to
the district or intermediate district during the fiscal year beginning on the
October 1 following the determination and shall adjust payments under subsection (3) shall be adjusted as
necessary. If the department determines that the sum of the amounts allocated
for a fiscal year to a district or intermediate district under subsection
(2)(a) and (b) exceeds the sum of the amount necessary to fulfill the specified
percentages in subsection (2), then the department shall deduct the amount of
the excess from the district s or intermediate district s payments under this
article for the fiscal year beginning on the October 1 following the
determination and shall adjust payments
under subsection (3) shall
be adjusted as necessary. However, if the amount allocated under
subsection (2)(a) in itself exceeds the amount necessary to fulfill the
specified percentages in subsection (2), there shall be is no deduction under this subsection.
(5) State funds shall be are allocated on a
total approved cost basis. Federal funds shall be are allocated under applicable federal
requirements, except that an amount not to exceed $3,500,000.00 may be
allocated by the department each fiscal year for 2017-2018 and for 2018-2019 and for 2019-2020 to
districts, intermediate districts, or other eligible entities on a competitive
grant basis for programs, equipment, and services that the department
determines to be designed to benefit or improve special education on a
statewide scale.
(6) From the amount allocated in
subsection (1), there is allocated an amount not to exceed $2,200,000.00 each
fiscal year for 2017-2018
and for 2018-2019 and
for 2019-2020 to reimburse 100% of the net increase in necessary
costs incurred by a district or intermediate district in implementing the
revisions in the administrative rules for special education that became
effective on July 1, 1987. As used in this subsection, net increase in
necessary costs means the necessary additional costs incurred solely because
of new or revised requirements in the administrative rules minus cost savings
permitted in implementing the revised rules. Net The department shall determine net increase
in necessary costs shall be
determined in a manner specified by the department.
(7) For purposes of sections 51a
to 58, all of the following apply:
(a) Total approved costs of
special education shall be are determined in a
manner specified by the department and may include indirect costs, but shall must not exceed 115% of
approved direct costs for section 52 and section 53a programs. The total
approved costs include salary and other compensation for all approved special
education personnel for the program, including payments for social security Social Security and
Medicare and public school employee retirement system contributions. The total
approved costs do not include salaries or other compensation paid to
administrative personnel who are not special education personnel as defined in
section 6 of the revised school code, MCL 380.6. Costs reimbursed by federal
funds, other than those federal funds included in the allocation made under
this article, are not included. Special education approved personnel not
utilized full time in the evaluation of students or in the delivery of special
education programs, ancillary, and other related services shall be are reimbursed under
this section only for that portion of time actually spent providing these
programs and services, with the exception of special education programs and
services provided to youth placed in child caring institutions or juvenile
detention programs approved by the department to provide an on-grounds
education program.
(b) Beginning with the 2004-2005
fiscal year, a district or intermediate district that employed special education support services staff to provide
special education support services in 2003-2004 or in a subsequent
fiscal year and that in a fiscal year after 2003-2004 receives the same type of
support services from another district or intermediate district shall report
the cost of those support services for special education reimbursement purposes
under this article. This subdivision does not prohibit the transfer of special
education classroom teachers and special education classroom aides if the
pupils counted in membership associated with those special education classroom
teachers and special education classroom aides are transferred and counted in
membership in the other district or intermediate district in conjunction with
the transfer of those teachers and aides.
(c) If the department determines
before bookclosing for a fiscal year that the amounts allocated for that fiscal
year under subsections (2), (3), (6), and (11) and sections 53a, 54, and 56
will exceed expenditures for that fiscal year under subsections (2), (3), (6),
and (11) and sections 53a, 54, and 56, then for a district or intermediate district whose reimbursement for that
fiscal year would otherwise be affected by subdivision (b),
subdivision (b) does not apply to the calculation of the reimbursement for that
district or intermediate district and the department shall calculate reimbursement
for that district or intermediate district shall be calculated in the same manner as it
was for 2003-2004. If the amount of the excess allocations under subsections
(2), (3), (6), and (11) and sections 53a, 54, and 56 is not sufficient to fully
fund the calculation of reimbursement to those districts and intermediate
districts under this subdivision, then the department shall prorate calculations and
resulting reimbursement under this subdivision shall be prorated on an equal percentage
basis. Beginning in 2015-2016, the amount of reimbursement under this
subdivision for a fiscal year shall
must not
exceed $2,000,000.00 for any district or intermediate district.
(d) Reimbursement for ancillary
and other related services, as defined by R 340.1701c of the Michigan
Administrative Code, shall
not be is not provided
when those services are covered by and available through private group health
insurance carriers or federal reimbursed program sources unless the department
and district or intermediate district agree otherwise and that agreement is
approved by the state budget director. Expenses, other than the incidental
expense of filing, shall must not be borne by
the parent. In addition, the filing of claims shall must not delay the education of a pupil. A
district or intermediate district shall be is responsible for payment of a deductible
amount and for an advance payment required until the time a claim is paid.
(e) Beginning with calculations
for 2004-2005, if an intermediate district purchases a special education pupil
transportation service from a constituent district that was previously
purchased from a private entity; if the purchase from the constituent district
is at a lower cost, adjusted for changes in fuel costs; and if the cost shift
from the intermediate district to the constituent does not result in any net
change in the revenue the constituent district receives from payments under
sections 22b and 51c, then upon application by the intermediate district, the
department shall direct the intermediate district to continue to report the
cost associated with the specific identified special education pupil
transportation service and shall adjust the costs reported by the constituent
district to remove the cost associated with that specific service.
(8) A pupil who is enrolled in a
full-time special education program conducted or administered by an
intermediate district or a pupil who is enrolled in the Michigan schools for
the deaf and blind shall not
be is not included
in the membership count of a district, but shall be is counted in membership in the intermediate
district of residence.
(9) Special education personnel
transferred from 1 district to another to implement the revised school code shall be are entitled to the
rights, benefits, and tenure to which the person would otherwise be entitled
had that person been employed by the receiving district originally.
(10) If a district or
intermediate district uses money received under this section for a purpose
other than the purpose or purposes for which the money is allocated, the
department may require the district or intermediate district to refund the
amount of money received. Money
The department
shall deposit money that is refunded shall be deposited in the state treasury to
the credit of the state school aid fund.
(11) From the funds allocated in
subsection (1), there is allocated the amount necessary, estimated at $3,200,000.00 for 2017-2018, $3,100,000.00 for 2018-2019 and
estimated at $3,400,000.00
for 2018-2019, $2,900,000.00
for 2019-2020, to pay the foundation allowances for pupils
described in this subsection. The department shall calculate the allocation to a district
under this subsection shall
be calculated by multiplying the number of pupils described in
this subsection who are counted in membership in the district times the sum of
the foundation allowance under section 20 of the pupil s district of residence plus the amount of the district s
per-pupil allocation under section 20m, not to exceed the basic
foundation allowance under section 20 for the current 2018-2019 fiscal year and beginning with 2019-2020 not to exceed the target
foundation allowance for the current fiscal year, or, for a pupil
described in this subsection who is counted in membership in a district that is
a public school academy, times an amount equal to the amount per membership
pupil under section 20(6).
or, for a pupil described in
this subsection who is counted in membership in the education achievement
system, times an amount equal to the amount per membership pupil under section
20(7). The department
shall calculate the allocation to an intermediate district under
this subsection shall be
calculated in the same manner as for a district, using the
foundation allowance under section 20 of the pupil s district of residence, not
to exceed the basic foundation allowance under section 20 for the current 2018-2019 fiscal year , and that district s per-pupil
allocation under section 20m. and beginning with 2019-2020 not to exceed the target
foundation allowance for the current fiscal year. This subsection
applies to all of the following pupils:
(a) Pupils described in section
53a.
(b) Pupils counted in membership
in an intermediate district who are not special education pupils and are served
by the intermediate district in a juvenile detention or child caring facility.
(c) Pupils with an emotional
impairment counted in membership by an intermediate district and provided
educational services by the department of health and human services.
(12) If it is determined that
funds allocated under subsection (2) or (11) or under section 51c will not be
expended, funds up to the amount necessary and available may be used to
supplement the allocations under subsection (2) or (11) or under section 51c in
order to fully fund those allocations. After payments under subsections (2) and
(11) and section 51c, the department
shall expend the remaining expenditures funds from the allocation in subsection (1) shall be made in the
following order:
(a) 100% of the reimbursement
required under section 53a.
(b) 100% of the reimbursement
required under subsection (6).
(c) 100% of the payment required
under section 54.
(d) 100% of the payment required
under subsection (3).
(e) 100% of the payments under
section 56.
(13) The allocations under
subsections (2), (3), and (11) shall be are
allocations to intermediate districts only and shall not be are not allocations to
districts, but instead shall
be are calculations
used only to determine the state payments under section 22b.
(14) If a public school academy
that is not a cyber school, as defined in section 551 of the revised school
code, MCL 380.551, enrolls under this section a pupil who resides outside of
the intermediate district in which the public school academy is located 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 intermediate district
in which the public school academy is located and the public school academy
shall enter into a written agreement with the intermediate district in which
the pupil resides for the purpose of providing the pupil with a free
appropriate public education, and the written agreement shall must include at least
an agreement on the responsibility for the payment of the added costs of
special education programs and services for the pupil. If the public school
academy that enrolls the pupil does not enter into an agreement under this
subsection, the public school academy shall not charge the pupil s resident
intermediate district or the intermediate district in which the public school
academy is located the added costs of special education programs and services
for the pupil, and the public school academy is not eligible for any payouts
based on the funding formula outlined in the resident or nonresident
intermediate district s plan. If a pupil is not enrolled in a public school
academy under this subsection, the provision of special education programs and
services and the payment of the added costs of special education programs and
services for a pupil described in this subsection are the responsibility of the
district and intermediate district in which the pupil resides.
(15) For the purpose of receiving
its federal allocation under part B of the individuals with disabilities
education act, Public Law 108-446, a public school academy that is a cyber
school, as defined in section 551 of the revised school code, MCL 380.551, and
is in compliance with section 553a of the revised school code, MCL 380.553a, shall directly receive receives the federal
allocation under part B of the individuals with disabilities education act,
Public Law 108-446, from the intermediate district in which the cyber school is
located, as the subrecipient. If the intermediate district does not distribute
the funds described in this subsection to the cyber school by the part B
application due date of July 1, the department may distribute the funds
described in this subsection directly to the cyber school according to the
formula prescribed in 34 CFR 300.705 and 34 CFR 300.816.
(16) For a public school academy
that is a cyber school, as defined in section 551 of the revised school code,
MCL 380.551, and is in compliance with section 553a of the revised school code,
MCL 380.553a, that enrolls a pupil under this section, the intermediate
district in which the cyber school is located shall ensure that the cyber
school complies with sections 1701a, 1703, 1704, 1751, 1752, 1756, and 1757 of
the revised school code, MCL 380.1701a, 380.1703, 380.1704, 380.1751, 380.1752,
380.1756, and 380.1757; applicable rules;
and the individuals with disabilities education act, Public Law 108-446. From
the general fund appropriation under subsection (1), for 2018-2019 only the
department shall provide appropriate administrative funding to the intermediate
district in which that cyber school is located for the purpose of ensuring that
compliance.
(17) For the
purposes of this section, the department or the center shall only require a
district or intermediate district to report information
that is not already available from the financial information database
maintained by the center.
Sec. 51c. As
required by the court in the consolidated cases known as Durant v
State of Michigan, 456 Mich 175 (1997), from the allocation
under section 51a(1), there is allocated each fiscal year for 2017‑2018 2018-2019 and for 2018-2019 2019-2020 the amount
necessary, estimated at $636,900,000.00
for 2017-2018 and $651,000,000.00 for 2018-2019, $663,500,000.00 for 2018-2019 and
$689,100,000.00 for 2019-2020, for payments to reimburse
districts for 28.6138% of total approved costs of special education excluding
costs reimbursed under section 53a, and 70.4165% of total approved costs of
special education transportation. Funds allocated under this section that are not expended in
the state fiscal year for which they were allocated, as determined by the
department, may be used to supplement the allocations under sections 22a
and 22b in order to fully fund those calculated allocations for the same fiscal
year.
Sec. 51d.
(1) From the federal funds appropriated in section 11, there is allocated for 2018-2019 2019-2020 all available federal funding,
estimated at $61,000,000.00, for special education programs and services that
are funded by federal grants. All
The department
shall distribute all federal funds allocated under this section shall be distributed in
accordance with federal law. Notwithstanding section 17b, the department shall make payments
of federal funds to districts, intermediate districts, and other eligible
entities under this section shall
be paid on a schedule determined by the department.
(2) From the federal funds
allocated under subsection (1), the following amounts are allocated for 2018‑2019:2019-2020:
(a) An
amount estimated at $14,000,000.00 for handicapped infants and toddlers, funded
from DED-OSERS, handicapped infants and toddlers
funds.
(b) An
amount estimated at $12,000,000.00 for preschool grants (Public Law 94-142),
funded from DED-OSERS, handicapped preschool incentive
funds.
(c) An amount estimated at
$35,000,000.00 for special education programs funded by DED-OSERS, handicapped
program, individuals with disabilities act funds.
(3) As used in this section, DED-OSERS
means the United States Department of Education Office of Special Education and
Rehabilitative Services.
Sec. 51f. (1) From the funds
appropriated under section 11, there is allocated for 2019-2020 an amount not
to exceed $30,207,000.00 for payments to districts and intermediate districts
to increase the level of reimbursement of costs associated with providing
special education services required under state and federal law.
(2) A district s or intermediate
district s allocation under this section is equal to the level percentage
multiplied by each district s or intermediate district s costs reported to the
center on the special education actual cost report, known as SE-4096 as
referred to under section 18(6), as approved by the department.
(3) The total reimbursement under
this section and under section 51c must not exceed the total reported costs for
a district or intermediate district.
(4) For 2019-2020, the level
percentage is estimated at 1.0%.
(5) For the purposes of this
section, level percentage means the percentage calculated by dividing the
allocation in subsection (1) by the total of costs reported to the center on
the special education actual cost report, known as SE-4096 as referred to
under section 18(6), as approved by the department.
Sec. 53a. (1) For districts,
reimbursement for pupils described in subsection (2) shall be is 100% of the total approved costs of
operating special education programs and services approved by the department
and included in the intermediate district plan adopted pursuant to article 3 of
the revised school code, MCL 380.1701 to 380.1761, minus the district s
foundation allowance calculated under section 20. and minus the district s per-pupil allocation under section
20m. For intermediate districts, the department shall calculate reimbursement
for pupils described in subsection (2) shall be calculated in the same manner as for
a district, using the foundation allowance under section 20 of the pupil s
district of residence, not to exceed the basic target foundation allowance under section 20
for the current fiscal year. , and that district s per-pupil
allocation under section 20m.
(2) Reimbursement under
subsection (1) is for the following special education pupils:
(a) Pupils assigned to a district
or intermediate district through the community placement program of the courts
or a state agency, if the pupil was a resident of another intermediate district
at the time the pupil came under the jurisdiction of the court or a state
agency.
(b) Pupils who are residents of
institutions operated by the department of health and human services.
(c) Pupils who are former
residents of department of community health institutions for the
developmentally disabled who are placed in community settings other than the
pupil s home.
(d) Pupils enrolled in a
department-approved on-grounds educational program longer than 180 days, but not longer than 233 days, at a residential child
care institution, if the child care institution offered in 1991-92 an
on-grounds educational program longer than 180 days but not longer than 233
days.
(e) Pupils placed in a district
by a parent for the purpose of seeking a suitable home, if the parent does not
reside in the same intermediate district as the district in which the pupil is
placed.
(3) Only those costs that are
clearly and directly attributable to educational programs for pupils described
in subsection (2), and that would not have been incurred if the pupils were not
being educated in a district or intermediate district, are reimbursable under
this section.
(4) The costs of transportation shall be are funded under this
section and shall not be are not reimbursed
under section 58.
(5) Not The department shall not allocate more than
$10,500,000.00 of the allocation for 2018-2019 2019-2020 in section 51a(1) shall be allocated under
this section.
Sec. 54. Each intermediate
district shall receive receives an amount
per-pupil for each pupil in attendance at the Michigan schools for the deaf and
blind. The amount shall be is proportionate to the
total instructional cost at each school. Not The department shall not allocate more than
$1,688,000.00 of the allocation for 2018-2019 2019-2020 in section 51a(1) shall be allocated under
this section.
Sec. 54b. (1) From the general
fund appropriation in section 11, there is allocated an amount not to exceed
$1,600,000.00 for 2018-2019 2019-2020 to continue
the implementation of the recommendations of the special education reform task
force published in January 2016.
(2) The department shall use
funds allocated under this section for the purpose of piloting statewide
implementation of the Michigan Integrated Behavior and Learning Support
Initiative (MiBLSI), a nationally recognized program that includes positive
behavioral intervention and supports and provides a statewide structure to
support local initiatives for an integrated behavior and reading program. With
the assistance of the intermediate districts involved in MiBLSI, the department
shall identify a number of intermediate districts to participate in the pilot
that is sufficient to ensure that MiBLSI can be implemented statewide with
fidelity and sustainability. In addition, the department shall identify an
intermediate district to act as a fiscal agent for these funds.
Sec. 54d.
(1) From the appropriations in section 11, there is allocated an amount not to
exceed $5,000,000.00 $7,150,000.00 for 2018-2019 2019-2020 to intermediate districts for the
purpose of providing state early on services pilot programs for children from
birth to 3 years of age with a developmental delay or a disability, or both,
and their families, as described in the early on Michigan state plan, as
approved by the department.
(2) To be eligible to receive
grant funding under this section, each intermediate district shall apply in a
form and manner determined by the department.
(3) The grant funding allocated
under this section shall must be used to
increase early on services and resources available to children that demonstrate
developmental delays to help prepare them for success as they enter school.
State early on services include evaluating and providing early intervention
services for eligible infants and toddlers and their families to address
developmental delays, including those affecting physical, cognitive,
communication, adaptive, social, or emotional development. Grant funds must not
be used to supplant existing services that are currently being provided.
(4) The department shall distribute the funds
allocated under subsection (1) shall be distributed to intermediate districts according
to the department s early on funding formula utilized to distribute the federal
award to Michigan under part C of the individuals with disabilities education
act. Funds received under this section must not supplant existing funds or
resources allocated for early on early intervention services. An intermediate
district receiving funds under this section shall maximize the capture of
Medicaid funds to support early on early intervention services to the extent
possible.
(5) Each intermediate district
that receives funds under this section shall report data and other information
to the department in a form, manner, and frequency prescribed by the department
to allow for monitoring and evaluation of the pilot projects and to ensure that
the children described in subsection (1) received appropriate levels and types
of services delivered by qualified personnel, based on the individual needs of
the children and their families.
(6) Notwithstanding section 17b, the department shall make payments
under this section shall be
paid on a schedule determined by the department.
Sec. 54e. (1)
From the general fund money appropriated in section 11, there is allocated for
2019-2020 only an amount not to exceed $350,000.00
for a pilot program to train at least 60 early on providers in the components
of evidence-based parent-implemented models of intervention for the treatment
of autism. To receive funding under this section, a program provider must agree
to use the funds for training in these components for early on providers using
an evidence-based program to conduct the training and may receive the funding
in the form and manner prescribed by the department. The department shall
ensure that early on providers in multiple intermediate districts are provided
with training under this section and shall include early on providers in
intermediate districts based on interest in the program and need for the
training.
(2) The department shall conduct a
survey of intermediate districts in the pilot program described under this
section after implementation of the parent-implemented model of intervention
pilot program to measure the impact of the program. The department shall report
the findings from the survey to the legislature. The department may use
existing vendors to conduct this data collection. The department may use not
more than 10% of the allocation under this section for administration and
management of the pilot program.
(3) As used in this section, parent-implemented
model of intervention means a model in which parents directly use
individualized developmentally appropriate intervention practices with their
children to increase the social abilities of children with autism.
(4) Notwithstanding section 17b,
the department shall make payments under this section on a schedule determined
by the department.
Sec. 55. (1) From the general
fund money appropriated in section 11, there is allocated an amount not to
exceed $250,000.00 for 2018-2019
2019-2020 only to
the Conductive Learning Center located at Aquinas College. This funding must be
used to support the operational costs of the conductive education model taught
at the Conductive Learning Center to maximize the independence and mobility of
children and adults with neuromotor disabilities. The conductive education
model funded under this section must be based on the concept of neuroplasticity
and the ability of people to learn and improve when they are motivated,
regardless of the severity of their disability.
(2) Notwithstanding section 17b,
the department shall distribute the funding allocated under this section to the
Conductive Learning Center not later than December 1, 2018.January 15, 2020.
Sec. 56. (1) For the purposes of
this section:
(a) Membership means for a
particular fiscal year the total membership for the immediately preceding
fiscal year of the intermediate district and the districts constituent to the
intermediate district.
(b) Millage levied means the
millage levied for special education pursuant to part 30 of the revised school
code, MCL 380.1711 to 380.1741, including a levy for debt service obligations.
(c) Taxable value means the
total taxable value of the districts constituent to an intermediate district,
except that if a district has elected not to come under part 30 of the revised
school code, MCL 380.1711 to 380.1741, membership and taxable value of the
district shall not be are not included in the
membership and taxable value of the intermediate district.
(2) From the allocation under
section 51a(1), there is allocated an amount not to exceed $37,758,100.00 for 2017-2018 $40,008,100.00 for 2018-2019 and
an amount not to exceed $40,008,100.00 for 2018-2019 2019-2020 to reimburse intermediate districts
levying millages for special education pursuant to part 30 of the revised school code, MCL 380.1711 to 380.1741.
The purpose, use, and expenditure of the reimbursement shall be are limited as if the
funds were generated by these millages and governed by the intermediate
district plan adopted pursuant to article 3 of the revised school code, MCL
380.1701 to 380.1761. As a condition of receiving funds under this section, an
intermediate district distributing any portion of special education millage
funds to its constituent districts shall submit for departmental approval and
implement a distribution plan.
(3) Reimbursement for those
millages levied in 2016-2017 shall be made in 2017-2018 at an amount per
2016-2017 membership pupil computed by subtracting from $185,000.00 the
2016-2017 taxable value behind each membership pupil and multiplying the
resulting difference by the 2016-2017 millage levied, and then subtracting from
that amount the 2016-2017 local community stabilization share revenue for
special education purposes behind each membership pupil for reimbursement of
personal property exemption loss under the local community stabilization
authority act, 2014 PA 86, MCL 123.1341 to 123.1362.
(3) (4) Except as
otherwise provided in this subsection, reimbursement for those millages levied
in 2017-2018 shall be is made in 2018-2019 at an amount per
2017-2018 membership pupil computed by subtracting from $193,700.00 $193,900.00 the
2017-2018 taxable value behind each membership pupil and multiplying the
resulting difference by the 2017-2018 millage levied, and then subtracting from
that amount the 2017-2018 local community stabilization share revenue for
special education purposes behind each membership pupil for reimbursement of
personal property exemption loss under the local community stabilization
authority act, 2014 PA 86, MCL 123.1341 to 123.1362. Reimbursement in 2018-2019
for an intermediate district whose 2017-2018 allocation was affected by the
operation of subsection (5) shall
be is an
amount equal to 102.5% of the 2017-2018 allocation to that intermediate
district.
(4) Except as
otherwise provided in this subsection, reimbursement for those millages levied
in 2018-2019 is made in 2019-2020 at an amount
per 2018-2019 membership pupil computed by subtracting from $201,800.00 the
2018-2019 taxable value behind each membership pupil and multiplying the
resulting difference by the 2018-2019 millage levied, and then subtracting from
that amount the 2018-2019 local community stabilization share revenue for
special education purposes behind each membership pupil for reimbursement of
personal property exemption loss under the local community stabilization authority act, 2014 PA 86, MCL 123.1341 to
123.1362. Reimbursement in 2019-2020 for an intermediate district whose
2017-2018 allocation was affected by the operation of subsection (5) is an
amount equal to 102.5% of the 2017-2018 allocation to that intermediate
district.
(5) The department shall ensure that the amount paid
to a single intermediate district under this section shall does not exceed 62.9% of the total amount
allocated under subsection (2).
(6) The department shall ensure that the amount paid
to a single intermediate district under this section shall not be is not less than 75% of the amount allocated
to the intermediate district under this section for the immediately preceding
fiscal year.
Sec. 61a.
(1) From the appropriation in section 11, there is allocated an amount not to
exceed $36,611,300.00 $37,611,300.00 for 2018-2019 2019-2020 to reimburse on an added cost basis
districts, except for a district that served as the fiscal agent for a
vocational education consortium in the 1993-94 school year and that has a
foundation allowance as calculated under section 20 greater than the minimum
foundation allowance under that section, and secondary area
vocational-technical education centers for secondary-level career and technical education programs according to rules
approved by the superintendent. Applications for participation in the
programs shall must be submitted in the
form prescribed by the department. The department shall determine the added
cost for each career and technical education program area. The department shall prioritize the allocation
of added cost funds shall be
prioritized based on the capital and program expenditures needed
to operate the career and technical education programs provided; the number of
pupils enrolled; the advancement of pupils through the instructional program;
the existence of an articulation agreement
with at least 1 postsecondary institution that provides pupils with
opportunities to earn postsecondary credit during the pupil s
participation in the career and technical education program and transfers those
credits to the postsecondary institution upon completion of the career and
technical education program; and the program rank in student placement, job
openings, and wages, and shall ensure
that the allocation does not exceed 75% of the added cost of any
program. Notwithstanding any rule or department determination to the contrary,
when determining a district s allocation or the formula for making allocations
under this section, the department shall include the participation of pupils in
grade 9 in all of those determinations and in all portions of the formula. With
the approval of the department, the board of a district maintaining a secondary
career and technical education program may offer the program for the period
from the close of the school year until September 1. The program shall use
existing facilities and shall
must be
operated as prescribed by rules promulgated by the superintendent.
(2) Except
for a district that served as the fiscal agent for a vocational education
consortium in the 1993-94 school year, the department shall reimburse districts
and intermediate districts shall
be reimbursed for local career
and technical education administration, shared time career and technical
education administration, and career education planning district career
and technical education administration. The superintendent shall adopt guidelines for the definition
of what constitutes administration and shall make reimbursement shall be pursuant to
those guidelines. adopted by the superintendent. Not
The department
shall not distribute more than $800,000.00 of the allocation in
subsection (1) shall be
distributed under this subsection.
(3) A career and technical
education program funded under this section may provide an opportunity for
participants who are eligible to be funded under section 107 to enroll in the
career and technical education program funded under this section if the
participation does not occur during regular school hours.
(4) In addition to the money
allocated under subsections subsection (1), and (5), from the general talent investment fund
money appropriated in section 11, there is allocated for 2018-2019 2019-2020 only an
amount not to exceed $100,000.00 to an eligible Michigan-approved 501(c)(3)
organization for the purposes of teaching or training restaurant management and
culinary arts for career and professional development. The department shall
oversee funds distributed to an eligible grantee under this section. As used in
this subsection, eligible Michigan-approved 501(c)(3) organization means an
organization that is exempt from taxation under section 501(c)(3) of the
internal revenue code of 1986, 26 USC 501, that provides the ProStart
curriculum and training to state-approved career and technical education
programs with classification of instructional programs (CIP) codes in the
12.05xx category, and that administers national certification for the purpose
of restaurant management and culinary arts for career and professional
development.
(5) In addition to the funds
allocated under subsections (1) and (4), from the funds appropriated in section 11,
there is allocated for 2018-2019 an amount not to exceed $1,000,000.00 for
competitive grants to intermediate districts to hire career and technical
education counselors. All of the following apply to this funding:
(a) An intermediate district
seeking a grant under this subsection shall apply to the department in a form
and manner specified by the department.
(b) The department shall award
grants under this subsection to no more than 3 intermediate districts that
received funding under this subsection in 2017-2018.
(c) To be eligible for funding
under this subsection, an intermediate district shall do all of the following:
(i) Catalog all available K-12 and
other workforce development programs and services, including job search, job
training, pre-employment certifications, career awareness programs, career and
technical education programs, and other related programs and services offered
by districts or intermediate districts, postsecondary institutions, and other
private or public service organizations.
(ii) Develop an outreach program that
educates students about career and technical education options and connects
students to the services cataloged under subparagraph (i).
(iii) Track student placement and
report on student placement to the house and senate appropriations
subcommittees on school aid no later than June 30, 2019 in the form and manner
prescribed by the department.
Sec. 61b.
(1) From the appropriation
in funds
appropriated under section 11, there is allocated for 2019-2020 an amount not to exceed
$8,000,000.00 each fiscal
year for 2017-2018 and for 2018-2019 from the state school aid fund appropriation and, for
2019-2020 only, an amount not to exceed $2,000,000.00 from the talent investment
fund appropriation for CTE early/middle college and CTE dual
enrollment programs authorized under this section and for planning grants for
the development or expansion of CTE early/middle college programs. The purpose
of these programs is to increase the number of Michigan residents with
high-quality degrees or credentials, and to increase the number of students who
are college and career ready upon high school graduation.
(2) From the funds allocated
under subsection (1), the
department shall allocate an amount as determined under this
subsection shall be
allocated to each intermediate district serving as a fiscal agent
for state-approved CTE early/middle college and CTE dual enrollment programs in
each of the prosperity regions and subregions identified by the department. An
intermediate district shall not use more than 5% of the funds allocated under
this subsection for administrative costs for serving as the fiscal agent.
(3) To be an eligible fiscal
agent, an intermediate district must agree to do all of the following in a form
and manner determined by the department:
(a) Distribute funds to eligible
CTE early/middle college and CTE dual enrollment programs in a prosperity
region or subregion as described in this section.
(b) Collaborate with the career
and educational advisory council that is located in the prosperity region or
subregion to develop a regional strategic plan under subsection (4) that aligns
CTE programs and services into an efficient and effective delivery system for
high school students.
(c) Implement a regional process
to rank career clusters in the prosperity region or subregion as described
under subsection (4). Regional processes shall must be approved by the department before the
ranking of career clusters.
(d) Report CTE early/middle
college and CTE dual enrollment program and student data and information as
prescribed by the department and the center.
(4) A regional strategic plan
must be approved by the career and educational advisory council before
submission to the department. A regional strategic plan shall must include, but is not be limited to, the
following:
(a) An identification of regional
employer need based on a ranking of all career clusters in the prosperity
region or subregion ranked by 10-year job openings projections and median wage
for each standard occupational code in each career cluster as obtained from the
United States Bureau of Labor Statistics. Standard occupational codes within
high-ranking clusters also may be further ranked by median wage. The rankings shall be reviewed by the career
and educational advisory council located in the prosperity region or subregion shall review the rankings and
modified modify them if
necessary to accurately reflect employer demand for talent in the prosperity
region or subregion. A career and educational advisory council shall document
that it has conducted this review and certify that it is accurate. These career
cluster rankings shall must be determined and
updated once every 4 years.
(b) An identification of educational
entities in the prosperity region or subregion that will provide eligible CTE
early/middle college and CTE dual enrollment programs including districts,
intermediate districts, postsecondary institutions, and noncredit occupational
training programs leading to an industry-recognized credential.
(c) A strategy to inform parents
and students of CTE early/middle college and CTE dual enrollment programs in
the prosperity region or subregion.
(d) Any other requirements as
defined by the department.
(5) An eligible CTE program is a
program that meets all of the following:
(a) Has been identified in the
highest 5 career cluster rankings in any of the 10 regional strategic plans
jointly approved by the Michigan talent investment agency in the department of talent and economic development
and the department.labor
and economic opportunity.
(b) Has a coherent sequence of
courses that will allow a student to earn a high school diploma and achieve at
least 1 of the following in a specific career cluster:
(i)
An associate degree.
(ii)
An industry-recognized technical certification approved by the Michigan talent
investment agency in the department of talent and economic development.labor and economic opportunity.
(iii)
Up to 60 transferable college credits.
(iv)
Participation in a registered apprenticeship, pre-apprenticeship, or apprentice
readiness program.
(c) Is aligned with the Michigan
merit curriculum.
(d) Has an articulation agreement
with at least 1 postsecondary institution that provides students with
opportunities to receive postsecondary credits during the student s
participation in the CTE early/middle college or CTE dual enrollment program
and transfers those credits to the postsecondary institution upon completion of
the CTE early/middle college or CTE dual enrollment program.
(e) Provides instruction that is
supervised, directed, or coordinated by an appropriately certificated CTE
teacher or, for concurrent enrollment courses, a postsecondary faculty member.
(f) Provides for highly
integrated student support services that include at least the following:
(i)
Teachers as academic advisors.
(ii)
Supervised course selection.
(iii)
Monitoring of student progress and completion.
(iv)
Career planning services provided by a local one-stop service center as
described in the Michigan Works! one-stop service center system act, 2006 PA
491, MCL 408.111 to 408.135, or by a high school counselor or advisor.
(g) Has courses that are taught
on a college campus, are college courses offered at the high school and taught
by college faculty, or are courses taught in combination with online
instruction.
(6) Funds The department shall distribute funds to
eligible CTE early/middle college and CTE dual enrollment programs shall be distributed as
follows:
(a) The department shall
determine statewide average CTE costs per pupil for each CIP code program by
calculating statewide average costs for each CIP code program for the 3 most
recent fiscal years.
(b) Distribution The distribution to each eligible CTE
early/middle college or CTE dual enrollment program shall be is the product of 50% of CTE costs per pupil
times the current year pupil enrollment of each eligible CTE early/middle
college or CTE dual enrollment program.
(7) In order to receive funds
under this section, a CTE early/middle college or CTE dual enrollment program
shall furnish to the intermediate district that is the fiscal agent identified
in subsection (2), in a form and manner determined by the department, all
information needed to administer this program and meet federal reporting requirements;
shall allow the department or the department s designee to review all records
related to the program for which it receives funds; and shall reimburse the
state for all disallowances found in the review, as determined by the
department.
(8) There is allocated for 2019-2020 from the
funds under subsection (1) an amount not to exceed $500,000.00 each fiscal year for 2017-2018 and
for 2018-2019 from
the state school aid fund allocation and, for 2019-2020 only, an amount not to
exceed $2,000,000.00 from the talent investment fund allocation for
grants to intermediate districts or consortia of intermediate districts for the
purpose of planning for new or expanded early middle college programs.
Applications for grants shall
must be
submitted in a form and manner determined by the department. The amount of a
grant under this subsection shall
must not
exceed $50,000.00. $150,000.00. To be
eligible for a grant under this subsection, an intermediate district or
consortia of intermediate districts must provide matching funds equal to the
grant received under this subsection. Notwithstanding section 17b, the department shall make payments
under this subsection may be
made as in the
manner determined by the department.
(9) Funds distributed under this
section may be used to fund program expenditures that would otherwise be paid
from foundation allowances. A program receiving funding under section 61a may
receive funding under this section for allowable costs that exceed the
reimbursement the program received under section 61a. The combined payments
received by a program under section 61a and this section shall must not exceed the
total allowable costs of the program. A program provider shall not use more
than 5% of the funds allocated under this section to the program for
administrative costs.
(10) If the allocation under
subsection (1) is insufficient to fully fund payments as otherwise calculated
under this section, the department shall prorate payments under this section on
an equal percentage basis.
(11) If pupils enrolled in a
career cluster in an eligible CTE early/middle college or CTE dual enrollment
program qualify to be reimbursed under this section, those pupils continue to
qualify for reimbursement until graduation, even if the career cluster is no
longer identified as being in the highest 5 career cluster rankings.
(12) As used in this section:
(a) Allowable costs means those
costs directly attributable to the program as jointly determined by the
Michigan talent investment agency and the department.
(b) Career
and educational advisory council means an advisory council to the local
workforce development boards located in a prosperity region consisting of
educational, employer, labor, and parent representatives.
(c) CIP means classification of
instructional programs.
(d) CTE means career and
technical education programs.
(e) CTE dual enrollment program
means a 4-year high school program of postsecondary courses offered by eligible
postsecondary educational institutions that leads to an industry-recognized
certification or degree.
(f) Early/middle college program
means a 5-year high school program.
(g) Eligible postsecondary
educational institution means that term as defined in section 3 of the career
and technical preparation act, 2000 PA 258, MCL 388.1903.
(13) The funds allocated under
subsection (8) for 2019-2020 are a work project appropriation, and any
unexpended funds for 2019-2020 are carried forward into 2020-2021. The purpose
of the work project is to continue providing CTE opportunities described in
subsection (8). The estimated completion date of the work project is September
30, 2021.
Sec. 61c. (1) From the general fund talent investment fund appropriation
in section 11, there is allocated for 2018-2019 2019-2020 only an amount not to exceed $2,500,000.00 $16,000,000.00 for the purposes of
this section.
(2) From the money allocated under
subsection (1), there is allocated an amount not to exceed $11,000,000.00 to eligible career education
planning districts for the CTE skilled trades initiative described in this subsection and subsections
(2) (3) to (5). To be
eligible to receive funding under this section, subsection, at least 50% of the area served
by a CEPD must be located in an intermediate district that did not levy a
vocational education millage in 2018.
(2) To receive funding under this subsection, (1), each eligible
CEPD shall apply in a form and manner determined by the department. Funding to
each eligible CEPD shall be is an amount equal to
the quotient of the allocation under this subsection (1) and divided by the sum of the number of career education planning
districts CEPDs applying
for funding under this subsection
(1) that are
located in an intermediate district that did not levy a vocational education
millage in 2018.
(3) At least 50% of the funding
allocated to each Each
eligible CEPD receiving
funding under subsection (2) and each intermediate district
receiving funding under subsection (6) shall be used use at least 50% of the funding to update
equipment in current CTE programs that have been identified in the highest 5
career cluster rankings in any of the 10 regional strategic plans jointly
approved by the Michigan talent investment agency in the department of talent and economic development labor and economic opportunity and
the department, for training on new equipment, for professional development
relating to computer science or coding, or for new and emerging certified CTE
programs to allow CEPD administrators to provide programming in communities
that will enhance economic development. The funding for equipment should be
used to support and enhance community areas that have sustained job growth, and
act as a commitment to build a more
qualified and skilled workforce. In addition, each CEPD or intermediate district is encouraged
to explore the option of leasing equipment from local private industry to
encourage the use of the most advanced equipment.
(4) The CEPD administrators shall determine the allocation
of funds received under
subsection (2) at the local level shall be determined by CEPD administrators using
data from the state, region, and local sources to make well-informed decisions
on program equipment improvements. Grants awarded by CEPD administrators for
capital infrastructure shall
must be
used to ensure that CTE programs can deliver educational programs in high-wage,
high-skill, and high-demand occupations. Each CEPD shall continue to ensure
that program advisory boards make recommendations on needed improvements for
equipment that support job growth and job skill development and retention for
both the present and the future.
(5) Not later than September 15
of each fiscal year, each CEPD receiving funding under subsection (2) and each intermediate district
receiving funding under subsection (6) shall annually report to
the department, the senate and house appropriations subcommittees on state
school aid, and the senate and house fiscal agencies and legislature on
equipment purchased under subsection
(1). this
section. In addition, the report shall must include information regarding any partnerships as
described under subsection (8) and the purposes of those partnerships and must identify
growth data on program involvement, retention, and development of student
skills.
(6) From the money allocated under
subsection (1), there is allocated an amount not to exceed $4,000,000.00 for
competitive grants to intermediate districts that operate a career and
technical education program to use for the career and technical education
program. An intermediate district shall apply for funding under this subsection
in a form and manner prescribed by the department. The department shall select
intermediate districts for funding under this subsection by December 1, 2019
and shall make payments under this subsection on a schedule determined by the
department. An intermediate district receiving funding under this subsection
shall comply with subsections (3) and (5).
(7) From the money allocated under
subsection (1), there is allocated an amount not to exceed $1,000,000.00 for
competitive grants to districts and intermediate districts for stem equipment
for grades K to 8 to provide pupils in grades K to 8 with expanded
opportunities to improve mathematics, science, and technology skills with stem
equipment. The department shall determine the process for application and
criteria for awarding the grants. The amount of a grant under this subsection
must not exceed $10,000.00. Notwithstanding section 17b, the department shall
make grant payments under this subsection on a schedule determined by the
department.
(8) In awarding funding to
eligible CEPDS under subsection (2) or to intermediate districts under
subsection (6), the department shall give priority to eligible CEPDS or
intermediate districts that partner with a private industry or CTE-related
organization through direct or in-kind donations for at least 1 of the
following purposes:
(a) To lease equipment purchased
under this section.
(b) To receive a discounted rate
for equipment purchased under this section.
(c) To receive a grant match for
equipment purchased under this section.
(d) To facilitate internships,
apprenticeships, or similar opportunities for pupils enrolled in CTE programs.
(e) To receive guidance on the
purchase of equipment that assists in delivering educational programs in
high-wage, high-skill, and high-demand occupations.
(9) The department shall base the
level of priority it gives to an eligible CEPD or intermediate district that
partners with a private industry or CTE-related organization as described under
subsection (8) on the number of purposes under subsection (8)(a) to (e) that
the eligible CEPD or intermediate district partners with the private industry
or CTE-related organization for, with the highest level of priority given to an
eligible CEPD or intermediate district that partners with a private industry or
CTE-related organization as described under
subsection (8) for all of the purposes listed under subsection (8)(a) to (e)
and the lowest level of priority given to an eligible CEPD or intermediate district
that partners with a private industry or CTE-related organization as described
under subsection (8) for only 1 of the purposes listed under subsection (8)(a)
to (e).
(10) (6) As used in this section:
(a) Career
and technical education program means a state-approved career and technical
education program, as determined by the
department.
(b) (a) CEPD means a career education
planning district described in this section.
(c) (b) CTE means career and technical
education.
Sec. 61d. (1) From the
appropriation in section 11, there is allocated for 2019-2020 an amount not to exceed
$5,000,000.00 for 2018-2019 from the state school aid fund and,
for 2019-2020 only, an amount not to exceed $5,000,000.00 from the talent
investment fund for additional payments to districts for career
and technical education programs for the purpose of increasing the number of
Michigan residents with high-quality degrees or credentials, and to increase
the number of pupils who are college- and career-ready upon high school
graduation.
(2) Payments The department shall calculate payments to
districts under this section must
be calculated in the following manner:
(a) A payment of $25.00 $50.00 multiplied by
the number of pupils in grades 9 to 12 who are counted in membership in the
district and are enrolled in at least 1 career and technical education program.
(b) An additional payment of $25.00 $50.00 multiplied by
the number of pupils in grades 9 to 12 who are counted in membership in the
district and are enrolled in at least 1 career and technical education program
that provides instruction in critical skills and high-demand career fields.
(3) If the allocation under
subsection (1) is insufficient to fully fund payments under subsection (2), the
department shall prorate payments under this section on an equal per-pupil
basis.
(4) As used in this section:
(a) Career and technical
education program means a state-approved career and technical education
program, as determined by the department.
(b) Career and technical
education program that provides instruction in critical skills and high-demand
career field means a career and technical education program classified under
any of the following 2-digit classification of instructional programs (CIP)
codes:
(i)
01, which refers to agriculture, agriculture operations, and related sciences .
(ii)
03, which refers to natural resources and conservation .
(iii)
10 through 11, which refers to communications technologies/technicians and
support services and computer and information sciences and support services .
(iv)
14 through 15, which refers to engineering and engineering technologies and
engineering-related fields .
(v)
26, which refers to biological and biomedical sciences .
(vi)
46 through 48, which refers to construction trades , mechanic and repair
technologies/technicians , and precision production .
(vii)
51, which refers to health professions and related programs .
Sec. 61f. (1) From the funds talent investment fund money appropriated
under section 11, there is allocated an amount not to exceed $200,000.00 for 2018-2019 2019-2020 only for a
grant to support a program that is an innovative retention and completion
program designed to create a seamless educational and career pathway support
structure and that does at least all of the following:
(a) Creates a pipeline from
kindergarten to a college credential.
(b) Provides coaching at all
levels of K-12 education to foster an environment that educates pupils on the
availability and positive outcomes from postsecondary education.
(c) Introduces career clusters to
elementary school pupils, career pathways to middle school pupils, and develops
pupil success plans for high school pupils.
(d) Provides family literacy
sessions.
(e) Provides a summer bridge
program to ensure seamless transition from high school to postsecondary
educational opportunities.
(f) Introduces K-12 pupils to
college and career opportunities at postsecondary campuses and bridges those
pupils into the respective postsecondary institutions for coursework.
(g) Creates a partnership between
area districts, a community college, and a public university to serve pupils in
the program.
(h) Synchronizes families and
pupils to assess and understand their knowledge of how to be successful in
school and work.
(2) The department shall
distribute the funds awarded under subsection (1) not later than February November 15, 2019 to
Mott Community College to implement the program under this section. Funds
allocated under this section may be used for salaries and benefits, supply and
programming costs, and gap scholarships.
Sec. 62. (1) For the purposes of
this section:
(a) Membership means for a
particular fiscal year the total membership for the immediately preceding
fiscal year of the intermediate district and the districts constituent to the
intermediate district or the total membership for the immediately preceding
fiscal year of the area vocational-technical program.
(b) Millage
levied means the millage levied for area vocational-technical education
pursuant to sections 681 to 690
of the revised school code, MCL 380.681 to 380.690, including a levy for debt
service obligations incurred as the result
of borrowing for capital outlay projects and in meeting capital projects fund
requirements of area vocational-technical education.
(c) Taxable value means the
total taxable value of the districts constituent to an intermediate district or
area vocational-technical education program,
except that if a district has elected not to come under sections 681
to 690 of the revised school code, MCL 380.681 to 380.690, the membership and
taxable value of that district shall not be are not included in the membership and taxable value of
the intermediate district. However, the membership and taxable value of a
district that has elected not to come under sections 681 to 690 of the revised
school code, MCL 380.681 to 380.690, shall be are included in the membership and taxable
value of the intermediate district if the district meets both of the following:
(i)
The district operates the area vocational-technical education program pursuant
to a contract with the intermediate district.
(ii)
The district contributes an annual amount to the operation of the program that
is commensurate with the revenue that would have been raised for operation of
the program if millage were levied in the district for the program under
sections 681 to 690 of the revised school code, MCL 380.681 to 380.690.
(2) From the appropriation in
section 11, there is allocated an amount not to exceed $9,190,000.00 each
fiscal year for 2017-2018
and for 2018-2019 and
for 2019-2020 to reimburse intermediate districts and area
vocational-technical education programs established under section 690(3) of the
revised school code, MCL 380.690, levying millages for area
vocational-technical education pursuant to sections 681 to 690 of the revised
school code, MCL 380.681 to 380.690. The purpose, use, and expenditure of the
reimbursement shall be are limited as if the
funds were generated by those millages.
(3) Reimbursement for those
millages levied in 2016-2017 shall be made in 2017-2018 at an amount per
2016-2017 membership pupil computed by subtracting from $200,800.00 the
2016-2017 taxable value behind each membership pupil and multiplying the
resulting difference by the 2016-2017 millage levied, and then subtracting from
that amount the 2016-2017 local community stabilization share revenue for area
vocational technical education behind each membership pupil for reimbursement
of personal property exemption loss under the local community stabilization
authority act, 2014 PA 86, MCL 123.1341 to 123.1362.
(3) (4) Reimbursement for those millages
levied in 2017-2018 shall be
is made
in 2018-2019 at an amount per 2017-2018 membership pupil computed by
subtracting from $205,700.00 the 2017-2018 taxable value behind each membership
pupil and multiplying the resulting difference by the 2017-2018 millage levied,
and then subtracting from that amount the 2017-2018 local community
stabilization share revenue for area vocational technical education behind each
membership pupil for reimbursement of personal property exemption loss under
the local community stabilization authority act, 2014 PA 86, MCL 123.1341 to
123.1362.
(4) Reimbursement for those
millages levied in 2018-2019 is made in 2019-2020 at an amount per 2018-2019
membership pupil computed by subtracting from $211,000.00 the 2018-2019 taxable
value behind each membership pupil and multiplying the resulting difference by
the 2018-2019 millage levied, and then subtracting from that amount the
2018-2019 local community stabilization share revenue for area vocational
technical education behind each membership pupil for reimbursement of personal
property exemption loss under the local community stabilization authority act,
2014 PA 86, MCL 123.1341 to 123.1362.
(5) The department shall ensure that the amount paid
to a single intermediate district under this section shall not does not exceed 38.4% of the total amount
allocated under subsection (2).
(6) The department shall ensure that the amount paid
to a single intermediate district under this section shall not be is not less than 75% of the amount allocated
to the intermediate district under this section for the immediately preceding
fiscal year.
Sec. 64d. (1) From the general fund talent investment fund appropriation
under section 11, there is allocated an amount not to exceed $2,300,000.00 for 2018-2019 2019-2020 only for a
grant to provide information technology education opportunities to students
attending schools operating grades K-12, career and technical centers and
career academies, and community colleges and universities. It is the intent of
the legislature that 2018-2019
2019-2020 is
the second third of 3 years of
funding for the grant program. Funds allocated under this section shall be used
for instruction in information technology skills and competencies that are
essential for the workplace and requested by employers and shall allow
participating students and faculties to secure broad-based information
technology certifications and, if applicable, college credit.
(2) The
department shall select the provider that received funding under this section
in 2017-2018. 2018-2019. A program funded under this
section must include at least the following components:
(a) Research- and
skill-development-based and information technology curriculum.
(b) Online access to the
curriculum.
(c) Instructional software for
classroom and student use.
(d) A program that includes
coding curriculum and material that are aligned to the CS AP exam and grants a
certificate upon completion of the program.
(e) Components for all grade
levels on computational thinking skills development using the latest gaming
software.
(f) A process for students to
obtain certifications of skills and competencies in a broad base of information
technology-related skill areas.
(g) Professional development for
faculty.
(h) Implementation and program
support, including, but not limited to, integration with current curriculum
standards.
(i) Methods for students to earn
college credit.
(3) The funds allocated under
this section for 2018-2019 are a work project appropriation, and any unexpended
funds for 2018-2019 are to be carried forward into 2019-2020. The purpose of
the work project is to continue to provide information technology education
opportunities described in this section. The estimated completion date of the
work project is September 30, 2020.
(4) The funds allocated under this
section for 2019-2020 are a work project appropriation, and any unexpended
funds for 2019-2020 do not lapse and are carried forward into 2020-2021. The
purpose of the work project is to continue to provide information technology
education opportunities described in this section. The estimated completion
date of the work project is September 30, 2021.
Sec. 65. (1)
From the appropriation under section 11, there is allocated an amount not to
exceed $400,000.00 for 2018-2019 2019-2020 for a pre-college engineering K-12
educational program that is focused on the development of a diverse future
Michigan workforce, that serves multiple communities within southeast Michigan,
that enrolls pupils from multiple districts, and that received funds
appropriated for this purpose in the appropriations act that provided the
Michigan strategic fund budget for 2014-2015.
(2) To be eligible for funding
under this section, a program must have the ability to expose pupils to, and motivate and prepare pupils for, science,
technology, engineering, and mathematics careers and postsecondary
education with special attention given to groups of pupils who are at-risk and
underrepresented in technical professions and careers.
Sec. 67. (1) From the general
fund amount appropriated in section 11, there is allocated an amount not to
exceed $3,000,000.00 for 2018-2019
2019-2020 for
college access programs. The programs funded under this section are intended to
inform students of college and career options and to provide resources intended
to increase the number of pupils who are adequately prepared with the
information needed to make informed decisions on college and career. The funds
appropriated under this section are intended to be used to increase the number
of Michigan residents with high-quality degrees or credentials. Funds
appropriated under this section shall must not be used to supplant funding for
counselors already funded by districts.
(2) The talent investment agency
of the department of talent
and economic development labor and economic opportunity shall
administer funds allocated under this section in collaboration with the
Michigan college access network. These funds may be used for any of the
following purposes:
(a) Michigan
college access network operations, programming, and services to local college
access networks.
(b) Local
college access networks, which are community-based college access/success
partnerships committed to increasing the college
participation and completion rates within geographically defined communities
through a coordinated strategy.
(c) The Michigan college advising
program, a program intended to place trained, recently graduated college
advisors in high schools that serve significant numbers of low-income and
first-generation college-going pupils. State
funds used for this purpose may not exceed 33% of the total funds available
under this subsection.
(d) Subgrants of up to $5,000.00
to districts with comprehensive high schools that establish a college access
team and implement specific strategies to create a college-going culture in a
high school in a form and manner approved by the Michigan college access
network and the Michigan talent investment agency.
(e) The Michigan college access
portal, an online one-stop portal to help pupils and families plan and apply
for college.
(f) Public awareness and outreach
campaigns to encourage low-income and first-generation college-going pupils to
take necessary steps toward college and to assist pupils and families in
completing a timely and accurate free application for federal student aid.
(g) Subgrants to postsecondary
institutions to recruit, hire, and train college student mentors and college
advisors to assist high school pupils in navigating the postsecondary planning
and enrollment process.
(3) For the purposes of this
section, college means any postsecondary educational opportunity that leads
to a career, including, but not limited to, a postsecondary degree,
industry-recognized technical certification, or registered apprenticeship.
Sec. 67a. (1) From the general
fund appropriation under section 11, there is allocated an amount not to exceed
$80,000.00 for 2019-2020 only for a grant to be distributed by the department
to a provider for a career exploration pilot program. The provider selected by
the department must provide a career exploration system that provides pupils
with at least all of the following:
(a) Integration with statewide
accountability assessments and associated skills so that career exploration
begins with an understanding of current student abilities.
(b) An opportunity to explore
careers specific to a pupil s interest and connected to the local job market,
with information on potential salaries and projections of future workforce
needs.
(c) Information on what the
appropriate educational path is to reach each career, with specific steps that
a pupil can take in high school to reach the chosen career or careers.
(d) Ability
for pupils to share career exploration plans, skill-building activities, and
course recommen dations with teachers, parents or
guardians, and other caring individuals.
(e) Career exploration tool that
includes a video component to engage pupils.
(f) A mobile-friendly platform.
(g) If a career requires a college
degree, recommendations for associated majors and integration with a college
planning program.
(2) The department shall make the
career exploration system under subsection (1) available to districts and
intermediate districts for use during the 2019-2020 school year.
(3) The department shall ensure
that the career exploration program under this section does not require
additional testing beyond the statewide accountability assessments.
(4) Notwithstanding section 17b,
the department shall make grant payments under this section on a schedule
determined by the department.
Sec. 67b. (1) From the general
fund money appropriated under section 11, there is allocated an amount not to
exceed $50,000.00 for 2019-2020 only for a grant to be distributed by the
department to an organization to provide industrial and technological education
and workforce preparation for students and professional development
opportunities and support for teachers.
(2) Notwithstanding section 17b,
the department shall make grant payments under this section on a schedule
determined by the department.
Sec. 74. (1) From the amount
appropriated in section 11, there is allocated an amount not to exceed $3,754,900.00 for 2018-2019 $3,772,900.00 for 2019-2020 for
the purposes of this section.
(2) From the allocation in
subsection (1), there is allocated for each fiscal year the amount necessary
for payments to state supported colleges or universities and intermediate
districts providing school bus driver safety instruction pursuant to under section 51 of the
pupil transportation act, 1990 PA 187, MCL 257.1851. The department shall make payments shall be in an
amount determined by the department not to exceed the actual cost of
instruction and driver compensation for each public or nonpublic school bus
driver attending a course of instruction. For the purpose of computing
compensation, the hourly rate allowed each school bus driver shall must not exceed the
hourly rate received for driving a school bus. Reimbursement The department shall make reimbursement compensating
the driver during the course of instruction shall be made by the department to the
college or university or intermediate district providing the course of
instruction.
(3) From the allocation in
subsection (1), there is allocated for 2018-2019 2019-2020 the amount necessary to pay the
reasonable costs of nonspecial education auxiliary services transportation
provided pursuant to under section 1323 of
the revised school code, MCL 380.1323. Districts funded under this subsection shall not do not receive funding
under any other section of this article for nonspecial education auxiliary
services transportation.
(4) From the funds allocated in
subsection (1), there is allocated an amount not to exceed $1,729,900.00 for 2018-2019 $1,747,900.00 for 2019-2020 for
reimbursement to districts and intermediate districts for costs associated with
the inspection of school buses and pupil transportation vehicles by the
department of state police as required under section 715a of the Michigan
vehicle code, 1949 PA 300, MCL 257.715a, and section 39 of the pupil
transportation act, 1990 PA 187, MCL 257.1839. The department of state police
shall prepare a statement of costs attributable to each district for which bus
inspections are provided and submit it to the department and to an intermediate
district serving as fiduciary in a time and manner determined jointly by the
department and the department of state police. Upon review and approval of the statement
of cost, the department shall forward to the designated intermediate district
serving as fiduciary the amount of the reimbursement on behalf of each district
and intermediate district for costs detailed on the statement within 45 days
after receipt of the statement. The designated intermediate district shall make
payment in the amount specified on the statement to the department of state
police within 45 days after receipt of the statement. The total reimbursement
of costs under this subsection shall must
not exceed the amount allocated under this subsection.
Notwithstanding section 17b, the
department shall make payments to eligible entities under this
subsection shall be paid on
a schedule prescribed by the department.
Sec. 74a.
(1) From the funds appropriated in section 11, there is allocated an amount not
to exceed $810,000.00 for 2018-2019 to an eligible
intermediate district to implement a statewide school bus driver safety
program.
(2) An intermediate district is
eligible to receive funds under this section if the intermediate district meets
all of the following:
(a) The total combined membership
of its constituent districts is at least 7,000 and not more than 8,000.
(b) The intermediate district is
located in prosperity region 4.
(c) The intermediate district
consists of 2 formerly independent intermediate districts that consolidated
into 1 intermediate district.
(3) A statewide school bus driver
safety program funded under this section must provide transportation staff
training on how to respond to acts of violence by using the model known as Alert, Lockdown, Inform, Counter,
Evacuate (A.L.I.C.E.) for school buses.proactive response training for school bus drivers.
(4) Notwithstanding section 17b, the department shall make payments
made under
this section shall be
provided to an eligible intermediate district not later than
March 1, 2019.
Sec. 81. (1) From the
appropriation in section 11, there is allocated for 2018-2019 2019-2020 to the intermediate districts the
sum necessary, but not to exceed $68,453,000.00 $69,138,000.00, to provide state aid to
intermediate districts under this section.
(2) The amount allocated under
this section to each intermediate district is an amount equal to 102% 101% of the amount
allocated to the intermediate district under this section for 2017-2018. Funding 2018-2019. An intermediate district
shall use funding provided under this section shall be used to
comply with requirements of this article and the revised school code that are
applicable to intermediate districts, and for which funding is not provided
elsewhere in this article, and to provide technical assistance to districts as
authorized by the intermediate school board.
(3)
Intermediate districts receiving funds under this section , shall collaborate with the department to
develop expanded professional
development opportunities for teachers to update and expand their knowledge and
skills needed to support the Michigan merit curriculum.
(4) From the allocation in
subsection (1), there is allocated to an intermediate district, formed by the
consolidation or annexation of 2 or more intermediate districts or the
attachment of a total intermediate district to another intermediate school
district or the annexation of all of the constituent K-12 districts of a
previously existing intermediate school district which has disorganized, an
additional allotment of $3,500.00 each fiscal year for each intermediate
district included in the new intermediate district for 3 years following
consolidation, annexation, or attachment.
(5) In order to receive funding
under this section, an intermediate district shall do all of the following:
(a) Demonstrate to the
satisfaction of the department that the intermediate district employs at least
1 person who is trained in pupil accounting and auditing procedures, rules, and
regulations.
(b) Demonstrate to the
satisfaction of the department that the intermediate district employs at least
1 person who is trained in rules, regulations, and district reporting
procedures for the individual-level student data that serves as the basis for
the calculation of the district and high school graduation and dropout rates.
(c) Comply with sections 1278a
and 1278b of the revised school code, MCL 380.1278a and 380.1278b.
(d) Furnish data and other
information required by state and federal law to the center and the department
in the form and manner specified by the center or the department, as
applicable.
(e) Comply with section 1230g of
the revised school code, MCL 380.1230g.
Sec. 94. (1) From the general
fund appropriation in section 11, there is allocated to the department for 2017-2018 an amount not to exceed
$750,000.00 and there is allocated to the department for 2018-2019 2019-2020 an amount not to exceed $1,000,000.00 for efforts
to increase the number of pupils who participate and succeed in advanced
placement and international baccalaureate programs, and , beginning in 2018-2019, to support the
college-level examination program (CLEP).
(2) From the funds allocated
under this section, the department shall award funds to cover all or part of
the costs of advanced placement test fees or international baccalaureate test
fees and international baccalaureate registration fees for low-income pupils
who take an advanced placement or an international baccalaureate test , and, beginning in 2018-2019, and CLEP fees for
low-income pupils who take a CLEP test.
(3) The department shall only
award funds under this section if the department determines that all of the
following criteria are met:
(a) Each pupil for whom payment
is made meets eligibility requirements of the federal advanced placement test
fee program under section 1701 of the no child left behind act of 2001, Public
Law 107-110, or under a corresponding provision of the every student succeeds
act, Public Law 114-95.
(b) The tests are administered by
the college board, the international baccalaureate organization, or another
test provider approved by the department.
(c) The pupil for whom payment is
made pays at least $5.00 toward the cost of each test for which payment is
made.
(4) The department shall
establish procedures for awarding funds under this section.
(5) Notwithstanding section 17b, the department shall make payments
under this section shall be
made on a schedule determined by the department.
Sec. 94a. (1) There is created
within the state budget office in the department of technology, management, and
budget the center for educational performance and information. The center shall
do all of the following:
(a) Coordinate the collection of
all data required by state and federal law from districts, intermediate
districts, and postsecondary institutions.
(b) Create, maintain, and enhance
this state s P-20 longitudinal data system and ensure that it meets the
requirements of subsection (4).
(c) Collect data in the most
efficient manner possible in order to reduce the administrative burden on
reporting entities, including, but not limited to, electronic transcript
services.
(d) Create, maintain, and enhance
this state s web-based educational portal to provide information to school
leaders, teachers, researchers, and the public in compliance with all federal
and state privacy laws. Data shall
must include,
but are not limited to, all of the following:
(i)
Data sets that link teachers to student information, allowing districts to
assess individual teacher impact on student performance and consider student
growth factors in teacher and principal evaluation systems.
(ii)
Data access or, if practical, data sets, provided for regional data hubs that,
in combination with local data, can improve teaching and learning in the
classroom.
(iii)
Research-ready data sets for researchers to perform research that advances this
state s educational performance.
(e) Provide
data in a useful manner to allow state and local policymakers to make informed
policy decisions.
(f) Provide public reports to the
citizens residents of this state
to allow them to assess allocation of resources and the return on their
investment in the education system of this state.
(g) Other functions as assigned
by the state budget director.
(2) Each state department,
officer, or agency that collects information from districts, intermediate
districts, or postsecondary institutions as required under state or federal law
shall make arrangements with the center to ensure that the state department,
officer, or agency is in compliance with subsection (1). This subsection does
not apply to information collected by the department of treasury under the
uniform budgeting and accounting act, 1968 PA 2, MCL 141.421 to 141.440a; the
revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821; the school
bond qualification, approval, and loan act, 2005 PA 92, MCL 388.1921 to
388.1939; or section 1351a of the revised school code, MCL 380.1351a.
(3) The center may enter into any
interlocal agreements necessary to fulfill its functions.
(4) The center shall ensure that
the P-20 longitudinal data system required under subsection (1)(b) meets all of
the following:
(a) Includes data at the
individual student level from preschool through postsecondary education and
into the workforce.
(b) Supports interoperability by
using standard data structures, data formats, and data definitions to ensure
linkage and connectivity in a manner that facilitates the exchange of data
among agencies and institutions within the state and between states.
(c) Enables the matching of
individual teacher and student records so that an individual student may be
matched with those teachers providing instruction to that student.
(d) Enables the matching of
individual teachers with information about their certification and the
institutions that prepared and recommended those teachers for state
certification.
(e) Enables data to be easily
generated for continuous improvement and decision-making, including timely
reporting to parents, teachers, and school leaders on student achievement.
(f) Ensures the reasonable
quality, validity, and reliability of data contained in the system.
(g) Provides this state with the
ability to meet federal and state reporting requirements.
(h) For data elements related to
preschool through grade 12 and postsecondary, meets all of the following:
(i)
Contains a unique statewide student identifier that does not permit a student
to be individually identified by users of the system, except as allowed by
federal and state law.
(ii)
Contains student-level enrollment, demographic, and program participation
information.
(iii)
Contains student-level information about the points at which students exit,
transfer in, transfer out, drop out, or complete education programs.
(iv)
Has the capacity to communicate with higher education data systems.
(i) For data elements related to
preschool through grade 12 only, meets all of the following:
(i)
Contains yearly test records of individual students for assessments approved by
DED-OESE for accountability purposes under section 1111(b) of the elementary
and secondary education act of 1965, 20 USC 6311, including information on
individual students not tested, by grade and subject.
(ii)
Contains student-level transcript information, including information on courses
completed and grades earned.
(iii)
Contains student-level college readiness test scores.
(j) For data elements related to
postsecondary education only:
(i)
Contains data that provide information regarding the extent to which individual
students transition successfully from secondary school to postsecondary
education, including, but not limited to, all of the following:
(A) Enrollment in remedial
coursework.
(B) Completion of 1 year s worth
of college credit applicable to a degree within 2 years of enrollment.
(ii)
Contains data that provide other information determined necessary to address
alignment and adequate preparation for success in postsecondary education.
(5) From the
general fund appropriation in section 11, there is allocated an amount not to
exceed $16,356,700.00 for 2018-2019 $16,457,200.00 for 2019-2020 to the department of technology,
management, and budget to support the operations of the center. In addition,
from the federal funds appropriated in section 11, there is allocated for 2018-2019 2019-2020 the amount
necessary, estimated at $193,500.00, to support the operations of the center
and to establish a P-20 longitudinal data system necessary for state and
federal reporting purposes. The center shall cooperate with the department to
ensure that this state is in compliance with federal law and is maximizing
opportunities for increased federal funding to improve education in this state.
(6) From the funds allocated in
subsection (5), the center may use an amount determined by the center for
competitive grants for 2018-2019
2019-2020 to
support collaborative efforts on the P-20 longitudinal data system. All of the
following apply to grants awarded under this subsection:
(a) The
center shall award competitive grants to eligible intermediate districts or a
consortium of intermediate districts based on criteria
established by the center.
(b) Activities funded under the
grant shall must support the P-20
longitudinal data system portal and may include
portal hosting, hardware and software acquisition, maintenance, enhancements,
user support and related materials,
and professional learning tools and activities aimed at improving the utility
of the P-20 longitudinal data system.
(c) An applicant that received a
grant under this subsection for the immediately preceding fiscal year shall receive has priority for
funding under this section. However, after 3 fiscal years of continuous
funding, an applicant is required to compete openly with new applicants.
(7) Funds allocated under this
section that are not expended in the fiscal year in which they were allocated
may be carried forward to a subsequent fiscal year and are appropriated for the
purposes for which the funds were originally allocated.
(8) The center may bill
departments as necessary in order to fulfill reporting requirements of state
and federal law. The center may also enter into agreements to supply custom
data, analysis, and reporting to other principal executive departments, state
agencies, local units of government, and other individuals and organizations.
The center may receive and expend funds in addition to those authorized in
subsection (5) to cover the costs associated with salaries, benefits, supplies,
materials, and equipment necessary to provide such data, analysis, and
reporting services.
(9) As used in this section:
(a) DED-OESE means the United
States Department of Education Office of Elementary and Secondary Education.
(b) State education agency
means the department.
Sec. 95a. (1) The educator
evaluation reserve fund is created as a separate account within the state
school aid fund.
(2) The state treasurer may
receive money or other assets from any source for deposit into the educator
evaluation reserve fund. The state treasurer shall direct the investment of the
educator evaluation reserve fund. The state treasurer shall credit to the
educator evaluation reserve fund interest and earnings from the educator
evaluation reserve fund.
(3) Money in the educator
evaluation reserve fund at the close of the fiscal year shall remain in the educator
evaluation reserve fund and shall not lapse lapses to the state
school aid fund. or to the general fund. The
department of treasury shall
be is the
administrator of the educator evaluation reserve fund for auditing purposes.
(4) From the appropriations in
section 11, there is allocated to the educator evaluation reserve fund for
2014-2015 an amount not to exceed $12,100,000.00 from the state school aid fund
and an amount not to exceed $2,700,000.00 from the general fund. Subject to subsections (5) and (6), subsection (5), the
department shall expend the money in the educator evaluation reserve fund for
implementing evaluation systems for public school teachers and school
administrators.
(5) Funds The department shall not expend funds in the
educator evaluation reserve fund shall not be expended unless the state budget
office has approved the department s spending plan.
Sec. 95b. (1) From the general
fund appropriation under section 11, there is allocated to the department an
amount not to exceed $2,500,000.00 for 2018-2019 for 2019-2020 only for the department to adopt continue to incorporate a
model value-added growth and projection analytics system and to incorporate that model into
its reporting requirements under the every student succeeds act, Public Law
114-95. It is the intent of the
legislature to continue the funding under this section for 2020-2021 only if
the model value-added growth and projection analytics system under this section
is adopted by at least 50% of districts in 2019-2020 based on the report under
subsection (5). The adopted model shall must do at least all of the following:
(a) Utilize existing assessments
and any future assessments that are suitable for measuring student growth.
(b) Report student growth
measures at the district, school, teacher, and subgroup levels.
(c) Recognize the growth of
tested students, including those who may have missing assessment data.
(d) Include all available prior
standardized assessment data that meet inclusion criteria across grades, subjects,
and state and local assessments.
(e) Allow student growth results
to be disaggregated.
(f) Provide
individual student projections showing the probability of a student reaching
specific performance levels on future assessments.
(g) Demonstrate any prior success
with this state s assessments through the Michigan council of educator
effectiveness teacher evaluation pilot.
(h) Demonstrate prior statewide
implementation in at least 2 other states for at least 10 years.
(i) Have a native roster
verification system built into the value-added reporting platform that has been
implemented statewide in at least 2 other states.
(j) Have a Help/Contact Us
ticketing system built into the value-added reporting platform.
(2) The department shall provide
internet-based electronic student growth and projection reporting based on the
model adopted under subsection (1) to educators at the school, district, and
state levels. The model shall
must include
role-based permissions that allow educators to access information about the
performance of the students within their immediate responsibility in accordance
with applicable privacy laws.
(3) The model adopted under
subsection (1) must not be a mandatory part of teacher evaluation or educator
pay-for-performance systems.
(4) The model adopted under
subsection (1) must be a model that received funding under this section in 2017-2018.2018-2019.
(5) By March 1, 2020, the
department shall work with the center to provide a report to the senate and
house appropriations subcommittees on state school aid and the senate and house
fiscal agencies regarding the number of districts participating in the use of
the model value-added growth and projection analytics system under this
section.
Sec. 97. (1) From the money
appropriated under section 11, there is allocated for 2019-2020 only for the
purposes of this section an amount not to exceed $5,200,000.00 from the state
school aid fund and an amount not to exceed $4,800,000.00 from the general fund.
(2) From the general fund money
allocated under subsection (1), the department, in consultation with the
department of state police, may award up to $3,800,000.00 for a grant to
support a contract for the purpose of implementing a statewide secure schools
program and phone application in public and nonpublic schools that operate any
of grades K to 12. The application must be able to do all of the following
simultaneously:
(a) Allow authorized users to
place a voice call to 911.
(b) Provide intelligent
notifications through text messaging and electronic mail.
(c) Provide push notifications
that contain information regarding the identity and location of the reporting
party, the response type required based on the incident type, and additional
location details to relevant individuals in communities to which users belong,
including, but not limited to, both of the following, as applicable, based on
the location and category of the emergency event:
(i) Key stakeholders.
(ii) Authorized users, including, but
not limited to, all of the following:
(A) School staff.
(B) School resource officers.
(C) 911 personnel.
(D) First responder agencies.
(d) Allow 911 personnel, school
officials, and first responder agencies to send messages to panic button
application users both during and after emergency events in order to facilitate
ongoing communications and coordination.
(3) If the department and the
department of state police fund a statewide secure schools program as described
in subsection (2), the program must be integrated with this state s current
supplemental 911 database to maintain information voluntarily provided by
individuals and facility managers through a secure web application. Any
information submitted by a district under the statewide secure schools program,
including, but not limited to, information regarding floor plans, automated
external defibrillators, school safety plans, reunification plans, and entry or
exit points, must automatically appear to 911 personnel each time the panic
button application is activated.
(4) Funds allocated under
subsection (2) may be used toward the initial costs associated with the
implementation of a statewide secure schools program under subsection (2),
including installation costs, training costs, and maintenance costs. A grant
recipient may apply a portion of a grant payment awarded under subsection (2)
in 2020-2021 to support ongoing costs. After 2020-2021, any ongoing costs must
be supported solely by the grant recipient.
(5) The department and the
department of state police may decide not to fund a statewide secure schools
program as described under subsection (2).
(6) Funds remaining after any
funds are allocated by the department and the department of state police for a
statewide secure schools program described under subsection (2) must be used to
provide and administer competitive grants to public or nonpublic schools,
districts, and intermediate districts to purchase technology equipment, upgrade
hardening measures, or conduct school building safety assessments to improve
the safety and security of school buildings, pupils, and school staff with the
goal of creating a safer school environment through equipment and technology
enhancements. The department of state
police, grants and community services division, shall administer the grant
program described in this subsection. All grants under this subsection
shall be funded on a reimbursement-only basis. Grants under this subsection
must not exceed $50,000.00 for each school and $250,000.00 for each district or
intermediate district.
(7) All of the following apply to
the application process for funding under subsection (6):
(a) A public or nonpublic school,
district, or intermediate district shall submit an application for funding
under subsection (6) directly to the department of state police, grants and
community services division.
(b) An application from a district
or intermediate district under this subsection must be for 1 or more buildings
that have some or all of pre-K to grade 12 classrooms and pupils.
(c) An applicant may submit only 1
application.
(d) An individual school may
submit its own application but must not also be included in its district s
application if the district submits an application under this subsection.
(e) The department of state police
shall award grants to applicants based on eligibility, the project description,
and whether the project reflects the highest security need of the applicant
within grant funding constraints, the budget narrative, the budget, project
goals, objectives, and performance measures.
(f) The department of state police
shall give priority to all of the following applicants:
(i) Applicants seeking funding for
projects that involve multiple agencies working in partnership.
(ii) Applicants seeking funding for
proposals that seek to secure exterior access points of school buildings.
(iii) Applicants that did not receive
a school safety grant in the past.
(iv) Applicants that did not receive
a grant under section 1001 of article XX of 2018 PA 207 or under section 115 of
2018 PA 618.
(g) To be awarded a grant, an
applicant must demonstrate proof that the school, district, or intermediate
district has an emergency operation plan that had been updated after August 1,
2017 to align with the state emergency operations plan guidance and statewide
school safety information policy developed under section 1308 of the revised
school code, MCL 380.1308.
(h) The department of state police
shall issue grant guidance and application materials, including required
performance measures, not later than February 1, 2020.
(8) The department of state police
shall not award funding under subsection (6) to a public or nonpublic school,
district, or intermediate district in relation to the same school building more
than once. If a district submits an application under subsection (7) relating
to a school building and a school within that district also submits an
application for funding in relation to that same school building, the
department of state police shall not allocate funding under subsection (6)
twice for that school building. If a school, district, or intermediate district
submits more than 1 application, the department of state police shall first
consider the most recent application submitted in considering funding under
subsection (6).
(9) Eligible
expenses for reimbursement under subsection (6) must be consistent with the
recommendations of the school safety task force
created by Executive Order No. 2018-5. The department of state police shall
list the eligible expenses in the grant guidance and application materials
described under subsection (7). The following items are not eligible expenses
for which grant funds may be applied:
(a) Weapons, including tasers.
(b) Personal body armor for
routine use.
(c) Construction of new
facilities.
(d) Costs in applying for this
grant, such as consultants and grant writers.
(e) Expenses incurred before the
date of the award or after the end of the performance period of the grant
award.
(f) Personnel costs or operation
costs related to a capital improvement.
(g) Indirect costs or indirect
administrative expenses.
(h) Travel.
(i) Contributions or donations.
(j) Management or administrative
training and conferences, except as otherwise preapproved by the department of
state police.
(k) Management studies or research
and development.
(l) Memberships and dues, except for
a specific requirement of the project that has been preapproved by the
department of state police.
(m) Vehicles, watercraft, or
aircraft, including unmanned or remotely piloted aircraft and vehicles.
(n) Service contracts and training
beyond the performance period of the grant award.
(o) Food, refreshments, and
snacks.
(10) A grantee under section 1001
of article XX of 2018 PA 207 or under section 115 of 2018 PA 618 is not
prohibited from applying for, and receiving, a grant award under this section.
(11) The department of state
police shall begin issuing awards for grants under subsection (6) not later
than May 1, 2020. A project that is awarded a grant under this program must be
completed by July 1, 2021.
(12) The department of state
police shall report on grant activities under this section, including available
performance outcomes as identified in individual grant agreements, to the
senate and house appropriations subcommittees on state police, the senate and
house fiscal agencies, and the state budget office by August 1, 2021.
(13) The funds allocated for
school safety grants under this section for 2019-2020 are a work project
appropriation, and any unexpended funds for 2019-2020 do not lapse to the
general fund and are carried forward into 2020-2021. The purpose of the work project
is to continue promoting safer school environments. The estimated completion
date of the work project is July 1, 2021.
(14) The department of state
police shall ensure that a grant to a nonpublic school under this section is
funded from the general fund money allocated under this section.
Sec. 97a. (1) From the talent
investment fund money appropriated under section 11, there is allocated to the
department for 2019-2020 only an amount not to exceed $1,500,000.00 to be used
to develop and maintain an online school employee job bank. Not later than
November 15, 2019, the department, in consultation with a statewide association
representing school administrators, shall begin to develop and maintain an
online school employee job bank. The job bank must be completed by May 15,
2021. The department may contract for the development and maintenance of the
job bank, may develop and maintain it internally, may work with the department
of technology, management, and budget to develop and maintain the job bank, or may
use any combination of these methods to develop and maintain the job bank.
(2) The online job bank developed
under subsection (1) must meet all of the following:
(a) Is made available at no cost
to all districts and intermediate districts.
(b) Is housed within the Michigan
Online Educator Certification System (MOECS) and allows data from MOECS to be
imported into the job bank.
(c) Provides a centralized pool of
job-seeking candidates and open positions.
(d) Matches an educator s
credentials to available positions, allowing districts and intermediate
districts to search for applicants with specific training.
(e) Provides the option for
applicants to include other critical information about employment history to
prospective employers, including evaluation ratings.
(f) Offers districts and
intermediate districts customization options to emphasize marketable points of
pride to inform and attract applicants.
(g) Links to a larger national
database.
(3) Not later than December 1,
2021, and annually thereafter, the department shall provide a report on the
school employee job bank to the house and senate appropriations subcommittees
on school aid, the house and senate fiscal agencies, and the state budget
director. The report must provide at least the following information:
(a) The number of participating
districts and intermediate districts.
(b) Measurement of outcomes and
performance based on the requirements under subsection (2).
(c) Feedback from participating
districts on whether the school employee job bank accomplished each of the
following:
(i) Increased the pool of both
in-state and out-of-state candidates for districts, especially districts that
could not otherwise afford large-scale candidate searches.
(ii) Introduced cost savings for
candidate searches.
(d) Analytics that help identify
trends in the education job market in this state.
(e) Feedback from a survey of
teachers on the advantages of the job bank and suggestions for improvement.
(4) Funds allocated under this
section are a work project appropriation, and any unexpended funds for
2019-2020 do not lapse and are carried forward into 2020-2021. The purpose of
the work project is to continue development
and maintenance of the school employee job bank. The estimated completion
date of the work project is May 15, 2023.
Sec. 98. (1) From the general
fund money appropriated in section 11, there is allocated an amount not to
exceed $7,387,500.00 $6,312,500.00 for 2018-2019 2019-2020 and, for 2019-2020 only,
from the talent investment fund money appropriated in section 11, there is
allocated an amount not to exceed $1,075,000.00 for the purposes
described in this section. The Michigan Virtual University shall provide a
report to the legislature not later than November 1 of each year that includes
its mission, its plans, and proposed benchmarks it must meet, which shall include including a plan to
achieve the organizational priorities identified in this section, in order to
receive full funding for 2019-2020.
2020-2021. Not
later than March 1 of each year, the Michigan Virtual University shall provide
an update to the house and senate appropriations subcommittees on school aid to
show the progress being made to meet the benchmarks identified.
(2) The Michigan Virtual
University shall operate the Michigan Virtual Learning Research Institute. The
Michigan Virtual Learning Research Institute shall do all of the following:
(a) Support and accelerate
innovation in education through the following activities:
(i)
Test, evaluate, and recommend as appropriate new technology-based instructional
tools and resources.
(ii)
Research, design, and recommend virtual education delivery models for use by
pupils and teachers that include age-appropriate multimedia instructional
content.
(iii)
Research, develop, and recommend annually to the department criteria by which
cyber schools and virtual course providers should be monitored and evaluated to
ensure a quality education for their pupils.
(iv)
Based on pupil completion and performance data reported to the department or
the center for educational
performance and information from cyber schools and other virtual
course providers operating in this state, analyze the effectiveness of virtual
learning delivery models in preparing pupils to be college- and career-ready
and publish a report that highlights enrollment totals, completion rates, and
the overall impact on pupils. The report shall be submitted Michigan Virtual Learning Research
Institute shall submit the report to the house and senate
appropriations subcommittees on state school aid, the state budget director,
the house and senate fiscal agencies, the department, districts, and
intermediate districts not later than March 31 of each year.
(v)
Provide an extensive professional development program to at least 30,000
educational personnel, including teachers,
school administrators, and school board members, that focuses on the effective
integration of virtual learning into curricula and instruction. The
Michigan Virtual Learning Research Institute is encouraged to work with the
MiSTEM advisory council created under section 99s to coordinate professional
development of teachers in applicable fields. In addition, the Michigan Virtual
Learning Research Institute and external stakeholders are encouraged to
coordinate with the department for professional development in this state. Not
later than December 1 of each year, the Michigan Virtual Learning Research
Institute shall submit a report to the house and senate appropriations
subcommittees on state school aid, the state budget director, the house and
senate fiscal agencies, and the department on the number of teachers, school
administrators, and school board members who have received professional development
services from the Michigan Virtual
University. The report shall
must also
identify barriers and other opportunities to encourage the adoption of
virtual learning in the public education system.
(vi)
Identify and share best practices for planning, implementing, and evaluating
virtual and blended education delivery models with intermediate districts,
districts, and public school academies to accelerate the adoption of innovative
education delivery models statewide.
(b) Provide leadership for this
state s system of virtual learning education by doing the following activities:
(i)
Develop and report policy recommendations to the governor and the legislature
that accelerate the expansion of effective virtual learning in this state s
schools.
(ii)
Provide a clearinghouse for research reports, academic studies, evaluations,
and other information related to virtual learning.
(iii)
Promote and distribute the most current instructional design standards and
guidelines for virtual teaching.
(iv)
In collaboration with the department and interested colleges and universities
in this state, support implementation and improvements related to effective
virtual learning instruction.
(v)
Pursue public/private partnerships that include districts to study and
implement competency-based technology-rich virtual learning models.
(vi)
Create a statewide network of school-based mentors serving as liaisons between
pupils, virtual instructors, parents, and school staff, as provided by the
department or the center, and provide mentors with research-based training and
technical assistance designed to help more pupils be successful virtual
learners.
(vii)
Convene focus groups and conduct annual surveys of teachers, administrators,
pupils, parents, and others to identify barriers and opportunities related to
virtual learning.
(viii)
Produce an annual consumer awareness report for schools and parents about
effective virtual education providers and education delivery models,
performance data, cost structures, and research trends.
(ix)
Provide an internet-based platform that educators can use to create
student-centric learning tools and resources for sharing in the state s open
educational resource repository and facilitate a user network that assists
educators in using the content creation platform and state repository for open
educational resources. As part of this initiative, the Michigan Virtual
University shall work collaboratively with districts and intermediate districts
to establish a plan to make available virtual resources that align to Michigan s
K-12 curriculum standards for use by students, educators, and parents.
(x)
Create and maintain a public statewide catalog of virtual learning courses
being offered by all public schools and community colleges in this state. The Michigan
Virtual Learning Research Institute shall identify and develop a list of
nationally recognized best practices for virtual learning and use this list to
support reviews of virtual course vendors, courses, and instructional
practices. The Michigan Virtual Learning Research Institute shall also provide
a mechanism for intermediate districts to use the identified best practices to
review content offered by constituent districts. The Michigan Virtual Learning
Research Institute shall review the virtual course offerings of the Michigan
Virtual University, and make the results from these reviews available to the
public as part of the statewide catalog. The Michigan Virtual Learning Research
Institute shall ensure that the statewide catalog is made available to the
public on the Michigan Virtual University website and shall allow the ability
to link it to each district s website as provided for in section 21f. The
statewide catalog shall must also contain all
of the following:
(A) The number of enrollments in
each virtual course in the immediately preceding school year.
(B) The number of enrollments
that earned 60% or more of the total course points for each virtual course in
the immediately preceding school year.
(C) The pass rate for each
virtual course.
(xi)
Support registration, payment services, and transcript functionality for the
statewide catalog and train key stakeholders on how to use new features.
(xii)
Collaborate with key stakeholders to examine district level accountability and
teacher effectiveness issues related to virtual learning under section 21f and
make findings and recommendations publicly available.
(xiii)
Provide a report on the activities of the Michigan Virtual Learning Research
Institute.
(3) To further enhance its
expertise and leadership in virtual learning, the Michigan Virtual University
shall continue to operate the Michigan Virtual School as a statewide laboratory
and quality model of instruction by implementing virtual and blended learning
solutions for Michigan schools in accordance with the following parameters:
(a) The Michigan Virtual School
must maintain its accreditation status from recognized national and
international accrediting entities.
(b) The Michigan Virtual
University shall use no more than $1,000,000.00 of the amount allocated under
this section to subsidize the cost paid by districts for virtual courses.
(c) In providing educators
responsible for the teaching of virtual courses as provided for in this
section, the Michigan Virtual School shall follow the requirements to request
and assess, and the department of state police shall provide, a criminal
history check and criminal records check under sections 1230 and 1230a of the revised school code, MCL 380.1230 and
380.1230a, in the same manner as if the Michigan Virtual School were a
school district under those sections.
(4) From the
funds allocated under subsection (1), the Michigan Virtual University shall
allocate up to $500,000.00 to support
the expansion of new online and blended educator professional development
programs.
(5) If the course offerings are
included in the statewide catalog of virtual courses under subsection (2)(b)(x), the Michigan Virtual School operated by the
Michigan Virtual University may offer virtual course offerings, including, but
not limited to, all of the following:
(a) Information technology
courses.
(b) College level equivalent
courses, as defined in section 1471 of the revised school code, MCL 380.1471.
(c) Courses and dual enrollment
opportunities.
(d) Programs and services for at-risk
pupils.
(e) High school equivalency test
preparation courses for adjudicated youth.
(f) Special interest courses.
(g) Professional development
programs for teachers, school administrators, other school employees, and
school board members.
(6) If a home-schooled or
nonpublic school student is a resident of a district that subscribes to
services provided by the Michigan Virtual School, the student may use the
services provided by the Michigan Virtual School to the district without charge
to the student beyond what is charged to a district pupil using the same
services.
(7) Not later than December 1 of
each fiscal year, the Michigan Virtual University shall provide a report to the
house and senate appropriations subcommittees on state school aid, the state
budget director, the house and senate fiscal agencies, and the department that
includes at least all of the following information related to the Michigan
Virtual School for the preceding state fiscal year:
(a) A list of the districts
served by the Michigan Virtual School.
(b) A list of virtual course
titles available to districts.
(c) The total number of virtual
course enrollments and information on registrations and completions by course.
(d) The overall course completion
rate percentage.
(8) In addition to the
information listed in subsection (7), the report under subsection (7) shall must also include a
plan to serve at least 600 schools with courses from the Michigan Virtual
School or with content available through the internet-based platform identified
in subsection (2)(b)(ix).
(9) The governor may appoint an
advisory group for the Michigan Virtual Learning Research Institute established under subsection (2). The members of
the advisory group shall serve
at the pleasure of the governor and shall serve without compensation. The purpose
of the advisory group is to make recommendations to the governor, the
legislature, and the president and board of the Michigan Virtual University
that will accelerate innovation in this state s education system in a manner
that will prepare elementary and secondary students to be career and college
ready and that will promote the goal of increasing the percentage of citizens residents of this state
with high-quality degrees and credentials to at least 60% by 2025.
(10) Not later than November 1 of
each year, the Michigan Virtual University shall submit to the house and senate
appropriations subcommittees on state school aid, the state budget director,
and the house and senate fiscal agencies a detailed budget for that fiscal year
that includes a breakdown on its projected costs to deliver virtual educational
services to districts and a summary of the anticipated fees to be paid by
districts for those services. Not later than March 1 each year, the Michigan
Virtual University shall submit to the house and senate appropriations
subcommittees on state school aid, the state budget director, and the house and
senate fiscal agencies a breakdown on its actual costs to deliver virtual
educational services to districts and a summary of the actual fees paid by
districts for those services based on audited financial statements for the
immediately preceding fiscal year.
(11) 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) Cyber school means a
full-time instructional program of virtual courses for pupils that may or may
not require attendance at a physical school location.
(c) Virtual course means a
course of study that is capable of generating a credit or a grade and that is
provided in an interactive learning environment in which the majority of the
curriculum is delivered using the internet and in which pupils are separated
from their instructor or teacher of record by time or location, or both.
(12) It is
the intent of the legislature not to allocate an amount greater than
$6,342,500.00 for 2020-2021 for the
purposes of this section.
Sec. 99h.
(1) From the state school aid fund appropriation in section 11, there is
allocated an amount not to exceed
$3,000,000.00 for 2017-2018 and an amount
not to exceed $4,500,000.00 $4,700,000.00 for 2018-2019 2019-2020 for
competitive grants to districts and intermediate districts, and from the
general fund appropriation in section 11, there is
allocated an amount not to exceed $300,000.00 each fiscal year for 2017-2018 and for 2018-2019 for 2019-2020 for
competitive grants to nonpublic schools that provide pupils in grades K to 12
with expanded opportunities to improve mathematics, science, and technology
skills by participating in events hosted by a science and technology
development program known as FIRST (for inspiration and recognition of science
and technology) Robotics, including JR FIRST Lego League, FIRST Lego League,
FIRST Tech challenge, and FIRST Robotics competition, or , beginning in 2018-2019, other competitive
robotics programs, including VEX
and those hosted by the Robotics Education and Competition (REC)
Foundation. Programs funded under this section are intended to increase the
number of pupils demonstrating proficiency in science and mathematics on the
state assessments and to increase the number of pupils who are college- and
career-ready upon high school graduation. Notwithstanding section 17b, the department shall make grant
payments to districts, nonpublic schools, and intermediate districts under this
section shall be paid on
a schedule determined by the department. The department shall set maximum grant
awards for each different level of competition in a manner that both maximizes
the number of teams that will be able to receive funds and expands the
geographical distribution of teams.
(2) A district, nonpublic school,
or intermediate district applying for a grant under this section shall submit
an application in a form and manner determined by the department. To be
eligible for a grant, a district, nonpublic school, or intermediate district
shall demonstrate in its application that the district, nonpublic school, or
intermediate district has established a partnership for the purposes of the
robotics program with at least 1 sponsor, business entity, higher education
institution, or technical school, shall submit a spending plan, and shall pay
at least 25% of the cost of the robotics program.
(3) The department shall
distribute the grant funding under this section for the following purposes:
(a) Grants to districts,
nonpublic schools, or intermediate districts to pay for stipends not to exceed
$1,500.00 for 1 coach per team.
(b) Grants to districts,
nonpublic schools, or intermediate districts for event registrations,
materials, travel costs, and other expenses associated with the preparation for
and attendance at robotics events and competitions. Each grant recipient shall
provide a local match from other private or local funds for the funds received
under this subdivision equal to at least 50% of the costs of participating in
an event.
(c) Grants to districts,
nonpublic schools, or intermediate districts for awards to teams that advance
to the state and world championship competitions. The department shall
determine an equal amount per team for those teams that advance to the state
championship and a second equal award amount to those teams that advance to the
world championship.
(4) A nonpublic school that
receives a grant under this section may use the funds for either robotics or
Science Olympiad programs.
(5) To be eligible to receive
funds under this section, a nonpublic school must be a nonpublic school registered
with the department and must meet all applicable state reporting requirements
for nonpublic schools.
(6) The funds allocated under
this section for 2017-2018 2018-2019 are a work
project appropriation, and any unexpended funds for 2017-2018 2018-2019 are carried forward into 2018-2019. 2019-2020. The purpose
of the work project is to continue support of FIRST Robotics and must not be
used to support other robotics competitions. The estimated completion date of
the work project is September 30, 2020.2021.
Sec. 99s. (1) From the funds
appropriated under section 11, there is allocated for 2018-2019 2019-2020 an amount not to exceed
$7,634,300.00 from the state school aid fund appropriation and an amount not to
exceed $300,000.00 from the general fund appropriation for Michigan science,
technology, engineering, and mathematics (MiSTEM) programs. In addition, from
the federal funds appropriated in section 11, there is allocated for 2018-2019 2019-2020 an amount
estimated at $3,500,000.00 $235,000.00 from
DED-OESE, title II, mathematics and science partnership grants. The MiSTEM network may receive funds
from private sources. If the MiSTEM network receives funds from private
sources, the MiSTEM network shall expend those funds in alignment with the
statewide STEM strategy. Programs funded under this section are
intended to increase the number of pupils demonstrating proficiency in science
and mathematics on the state assessments and to increase the number of pupils
who are college- and career-ready upon high school graduation. Notwithstanding
section 17b, the department
shall make payments under this section shall be paid on a schedule determined by the
department.
(2) All of the following apply to
the MiSTEM advisory council:
(a) The MiSTEM advisory council
is created. The MiSTEM advisory council shall provide to the governor,
legislature, department of talent
and economic development, labor and economic opportunity, and
department recommendations designed to improve and promote innovation in STEM
education and to prepare students for careers in science, technology,
engineering, and mathematics.
(b) The MiSTEM advisory council
created under subdivision (a) shall
consist consists of
the following members:
(i)
The governor shall appoint 11 voting members who are representative of business
sectors that are important to Michigan s economy and rely on a STEM-educated
workforce, nonprofit organizations and associations
that promote STEM education, K-12 and postsecondary education entities involved
in STEM-related career education, or other sectors as considered
appropriate by the governor. Each of these members shall serve serves at the pleasure of the governor and
for a term determined by the governor.
(ii)
The senate majority leader shall appoint 2 members of the senate to serve as
nonvoting, ex-officio members of the MiSTEM advisory council, including 1
majority party member and 1 minority party member.
(iii)
The speaker of the house of representatives shall appoint 2 members of the
house of representatives to serve as nonvoting, ex-officio members of the
MiSTEM advisory council, including 1 majority party member and 1 minority party
member.
(iv) The governor shall appoint 1
state officer or employee to serve as a nonvoting, ex-officio member of the
MiSTEM advisory council.
(c) Each member of the MiSTEM
advisory council shall serve
serves without
compensation.
(d) The MiSTEM advisory council
annually shall review and make recommendations to the governor, the
legislature, and the department concerning changes to the statewide strategy
adopted by the council for delivering STEM education-related opportunities to
pupils. The MiSTEM advisory council shall use funds received under this
subsection to ensure that its members or their designees are trained in the
Change the Equation STEMworks rating system program for the purpose of rating
STEM programs.
(e) The MiSTEM advisory council
shall make specific funding recommendations for the funds allocated under
subsection (3) by December 15 of each fiscal year. Each specific funding
recommendation shall must be for a program
approved by the MiSTEM advisory council. To be eligible for MiSTEM advisory
council approval, a program must satisfy all of the following:
(i)
Align with this state s academic standards.
(ii)
Have STEMworks certification.
(iii)
Provide project-based experiential learning, student programming, or educator
professional learning experiences.
(iv)
Focus predominantly on classroom-based STEM experiences or professional
learning experiences.
(f) The MiSTEM advisory council
shall approve programs that represent all network regions and include a diverse
array of options for students and educators and at least 1 program in each of
the following areas:
(i)
Robotics.
(ii)
Computer science or coding.
(iii)
Engineering or bioscience.
(g) The MiSTEM advisory council
is encouraged to work with the MiSTEM network to develop locally and regionally
developed programs and professional development learning experiences for the programs on the
list of approved programs.
(h) If the MiSTEM advisory
council is unable to make specific funding recommendations by December 15
of a fiscal year, the department shall award and distribute the funds allocated
under subsection (3) on a competitive grant
basis that at least follows the statewide STEM strategy plan and rating system
recommended by the MiSTEM advisory council. Each grant must provide STEM
education-related opportunities for pupils.
(i) The MiSTEM advisory council
shall work with the executive director of the MiSTEM network to implement the
statewide STEM strategy adopted by the MiSTEM advisory council.
(3) From the state school aid
fund money allocated under subsection (1), there is allocated for 2018-2019 2019-2020 an amount not
to exceed $3,050,000.00 for the purpose of funding programs under this section
for 2018-2019, 2019-2020, as
recommended by the MiSTEM advisory council.
(4) From the school aid fund
allocation under subsection (1), there is allocated an amount not to exceed
$3,834,300.00 for 2018-2019 2019-2020 to support
the activities and programs of the MiSTEM network regions. In addition, from
the federal funds allocated under subsection (1), there is allocated for 2018-2019 2019-2020 an amount
estimated at $3,500,000.00 $235,000.00 from
DED-OESE, title II, mathematics and science partnership grants, for the
purposes of this subsection. Beginning
in 2018-2019, the From
the money allocated under this subsection, the department shall award the fiscal
agent for each MiSTEM network region shall receive $200,000.00 for the base
operations of each region. The department
shall distribute the remaining funds will be distributed to each fiscal agent in
an equal amount per pupil, based on the number of K to 12 pupils enrolled in
districts within each region in the prior immediately preceding fiscal year.
(5) A MiSTEM network region shall
do all of the following:
(a) Collaborate with the career
and educational advisory council that is located in the MiSTEM region to
develop a regional strategic plan for STEM education that creates a robust
regional STEM culture, that empowers STEM teachers, that integrates business
and education into the STEM network, and that ensures high-quality STEM
experiences for pupils. At a minimum, a regional STEM strategic plan should do
all of the following:
(i)
Identify regional employer need for STEM.
(ii)
Identify processes for regional employers and educators to create guided
pathways for STEM careers that include internships or externships,
apprenticeships, and other experiential engagements for pupils.
(iii)
Identify educator professional development opportunities, including internships
or externships and apprenticeships, that integrate this state s science
standards into high-quality STEM experiences that engage pupils.
(b) Facilitate regional STEM
events such as educator and employer networking and STEM career fairs to raise
STEM awareness.
(c) Contribute to the MiSTEM
website and engage in other MiSTEM network functions to further the mission of
STEM in this state in coordination with the MiSTEM advisory council and its
executive director.
(d) Facilitate application and
implementation of state and federal funds under this subsection and any other
grants or funds for the MiSTEM network region.
(e) Work with districts to
provide STEM programming and professional development.learning.
(f) Coordinate recurring
discussions and work with the career and educational advisory council to ensure
that feedback and best practices are being
shared, including funding, program, professional learning opportunities,
and regional strategic plans.
(6) From the school aid funds
allocated under subsection (1), the department shall distribute for 2018-2019 2019-2020 an amount not
to exceed $750,000.00, in a form and manner determined by the department, to
those network regions able to provide curriculum and professional development
support to assist districts in implementing the Michigan merit curriculum
components for mathematics and science.
(7) In order to receive state or
federal funds under subsection (4) or (6), or to receive funds from private sources as authorized
under subsection (1), a grant recipient shall must 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 grant recipient shall reimburse the state for all
disallowances found in the audit.
(8) In order to receive state
funds under subsection (4) or (6), a grant recipient shall must provide at least a 10% local match from
local public or private resources for the funds received under this subsection.
(9) Not later than July 1, 2019
and July 1 of each year thereafter, a MiSTEM network region that receives funds
under subsection (4) shall report to the executive director of the MiSTEM
network in a form and manner prescribed by the executive director on
performance measures developed by the MiSTEM network regions and approved by
the executive director. The performance measures shall must be designed to ensure that the
activities of the MiSTEM network are improving student academic outcomes.
(10) Not more than 5% of a MiSTEM
network region grant under subsection (4) or (6) may be retained by a fiscal
agent for serving as the fiscal agent of a MiSTEM network region.
(11) From the general fund
allocation under subsection (1), there is allocated an amount not to exceed
$300,000.00 to the department of technology, management, and budget labor and economic opportunity to
support the functions of the executive director and executive assistant for the
MiSTEM network, and for administrative, training, and travel costs related to
the MiSTEM advisory council. The executive director and executive assistant for
the MiSTEM network shall do all of the following:
(a) Serve as a liaison among and
between the department, the department of technology, management, and budget, labor and economic opportunity, the
MiSTEM advisory council, the
Michigan mathematics and science centers network, the governor s future talent investment board, the general
education leadership network, and council, the MiSTEM regions, and any other relevant organization
or entity in a manner that creates a robust statewide STEM
culture, that empowers STEM teachers, that integrates business and education
into the STEM network, and that ensures high-quality STEM experiences for
pupils.
(b) Coordinate the implementation
of a marketing campaign, including, but not limited to, a website that includes dashboards of outcomes, to build STEM
awareness and communicate STEM needs and opportunities to pupils,
parents, educators, and the business community.
(c) Work with the department and
the MiSTEM advisory council to coordinate, award, and monitor MiSTEM state and
federal grants to the MiSTEM network regions and conduct reviews of grant
recipients, including, but not limited to, pupil experience and feedback.
(d) Report to the governor, the
legislature, the department, and the MiSTEM advisory council annually on the
activities and performance of the MiSTEM network regions.
(e) Coordinate recurring
discussions and work with regional staff to ensure that a network or loop of
feedback and best practices are shared, including funding, programming,
professional learning opportunities, discussion of MiSTEM strategic vision, and
regional objectives.
(f) Coordinate major grant
application efforts with the MiSTEM advisory council to assist regional staff
with grant applications on a local level. The MiSTEM advisory council shall
leverage private and nonprofit relationships to coordinate and align private
funds in addition to funds appropriated under this section.
(g) Train state and regional
staff in the STEMworks rating system, in collaboration with the MiSTEM advisory
council and the department.
(h) Collaborate with the MiSTEM network to hire Hire MiSTEM network
region staff in collaboration
with the network region fiscal agent.
(12) As used in this section:
(a) Career
and educational advisory council means an advisory council to the local
workforce development boards located in a prosperity
region consisting of educational, employer, labor, and parent representatives.
(b) DED means the United States
Department of Education.
(c) DED-OESE means the DED
Office of Elementary and Secondary Education.
(d) STEM means science,
technology, engineering, and mathematics delivered in an integrated fashion
using cross-disciplinary learning experiences that can include language arts,
performing and fine arts, and career and technical education.
Sec. 99t. (1) From the general talent investment fund appropriation money appropriated under
section 11, there is allocated an amount not to exceed $1,500,000.00 for 2018-2019 2019-2020 only to
purchase statewide access to an online algebra tool that meets all of the
following:
(a) Provides students statewide
with complete access to videos aligned with state standards including study
guides and workbooks that are aligned with the videos.
(b) Provides students statewide
with access to a personalized online algebra learning tool including adaptive
diagnostics.
(c) Provides
students statewide with dynamic algebra practice assessments that emulate the
state assessment with immediate feedback and help
solving problems.
(d) Provides students statewide
with online access to algebra help 24 hours a day and 7 days a week from study
experts, teachers, and peers on a moderated social networking platform.
(e) Provides an online algebra
professional development network for teachers.
(f) Is already provided under a
statewide contract in at least 1 other state that has a population of at least
18,000,000 but not more than 19,000,000 according to the most recent decennial
census and is offered in that state in partnership with a public university.
(2) The department shall purchase
the online algebra tool that was chosen under this section in 2016-2017.
(3) A grantee receiving funding
under this section shall comply with the requirements of section 19b.
(4) It is the intent of the
legislature that funding allocated for the purposes under this section for
2019-2020 must not be allocated for 2020-2021 for those purposes.
Sec. 99u. (1) From the general talent investment fund appropriation money appropriated under
section 11, there is allocated for 2018-2019 2019-2020 only an amount not to exceed
$1,500,000.00 to purchase statewide access to an online mathematics tool that meets 1 or more online mathematics tools.
The department shall select 1 or more vendors for the purposes of this
subsection using a competitive proposal process. An online mathematics tool
purchased under this subsection must meet at least all of the
following:
(a) Provides students statewide
with complete access to mathematics support aligned with state standards
through a program that has all of the following elements:
(i)
Student motivation.
(ii)
Valid and reliable assessments.
(iii)
Personalized learning pathways.
(iv)
Highly qualified, live teachers available all day and all year.
(v)
Twenty-four-hour reporting.
(vi)
Content built for rigorous mathematics.
(b) Has a record of improving
student mathematics scores in at least 5 other states.
(c) Received funding under this
section in 2017-2018.
(2) A grantee that receives
funding under this section shall comply with the requirements of section 19b.
(3) In addition to the funds
allocated under subsection (1), from the general talent investment fund appropriation in money appropriated under section
11, there is allocated for 2018-2019
2019-2020 only an
amount not to exceed $500,000.00 for a grant for 1 or more software-based solution solutions designed to
teach Spanish language literacy to students in pre-kindergarten through first
grade. A program funded under
this subsection shall be a grant to the The department shall select 1 or more vendors for the
purposes of this subsection using a competitive proposal process. An eligible
provider that promotes shall promote bilingualism
and biliteracy , and is based on
research that shows how students who become proficient readers in their first
language have an easier time making the transition to reading proficiency in a
second language. A provider
of programming under subsection (1) is the eligible provider of programming
under this subsection.
(4) In addition to the funds
allocated under subsection (1), from the general talent investment fund money appropriated in
section 11, there is allocated for 2018-2019 2019-2020 only an amount not to exceed
$1,000,000.00 for a pilot
program a grant
for 1 or more programs to provide explicit, targeted literacy
instruction within an individualized learning path that continually adjusts to
a pupil s needs. A program
funded under this subsection shall be a grant to the The department shall select 1 or more
vendors for the purposes of this subsection using a competitive proposal
process. An eligible provider that promotes shall promote literacy by teaching critical
language and literacy concepts such as reading and listening comprehension, basic vocabulary, academic
language, grammar, phonological awareness, phonics, and fluency. A pilot program funded under this
subsection shall cover both the remainder of 2018-2019 and also the entire
2019-2020 school year. A provider of programming under subsection (1) is the
eligible provider of programming under this subsection.
(5) Notwithstanding section 17b, the department shall make payments
made under
this section shall be made not
later than March 1, December 1, 2019.
Sec. 99v. (1) From the general talent investment fund appropriation in money appropriated under section
11, there is allocated an amount not to exceed $25,000.00 for 2018-2019 2019-2020 only for a
grant to be distributed by the department to a provider that develops and
scales effective innovations to support educators, administrators, and
policymakers in creating seamless transitions throughout the K-14 system for
all students, especially the underserved. A grantee must have expertise in K-12
services, online course programs, digital platform services, leadership
networks, and higher education, and work to develop a mathematics pathways
alignment. A grantee that receives a grant under this section shall facilitate
a 2-day math workshop with high school and college faculty focused on sharing
information about high-impact practices, defining the problem or problems, and
using data and planning strategies to address those problems. In addition, the
grantee shall use funds to conduct 3 virtual check-ins during which the working
groups will report on progress and identify challenges and questions, with the
grantee providing guidance and resources as appropriate.
(2) It is the intent of the
legislature that funding allocated for the purposes under this section for
2019-2020 must not be allocated for 2020-2021 for those purposes.
Sec. 99w. (1) From the general
fund money appropriated under section 11, there is allocated an amount not to
exceed $500,000.00 $250,000.00 for 2018-2019 2019-2020 and there is allocated an
amount not to exceed $250,000.00 from the
talent investment fund money appropriated under section 11 for 2019-2020
only to facilitate a culture of health and physical activity as
part of daily life. Funding The department shall use the funding under
this section shall be for a grant to the
Michigan Fitness Foundation to work with the department to invest in a physical
education curriculum. Funding under this section may support staff, evaluation,
assessment, technology, meetings, training, travel, materials, and other
administrative expenses in support of an updated physical education curriculum.
Funding under this section may be used as matching dollars to qualify for
federal and private resources to support physical education.
(2) Notwithstanding section 17b, the department shall make payments
made under this section shall
be made not later than March 1, December 15, 2019.
Sec. 99x. (1) From the general
fund money appropriated under section 11, there is allocated for 2018-2019 2019-2020 an amount not
to exceed $300,000.00 $800,000.00 for Teach
for America to host a summer training institute in the city of Detroit, recruit
teachers into a master teacher fellowship, and retain a committed alumni
community. A program funded under this section must provide coaching and
professional development, with the goal to produce highly effective teachers
that move pupils beyond their growth benchmarks.
(2) Notwithstanding section 17b, the department shall make payments
made under this section shall
be made not later than March 1, December 15, 2019.
(3) It is the intent of the
legislature not to allocate an amount greater than $400,000.00 for 2020-2021
for the purposes of this section.
Sec. 99z. (1) From the talent
investment fund money appropriated under section 11, there is allocated to the
department an amount not to exceed $300,000.00 for 2019-2020 only for funding a
program that provides teacher STEM professional development and workshops, and
enables high school students to incorporate innovation and engineering into the
design of a wide variety of complex vehicles. To be eligible for funding under
this section, a program must provide an underwater innovative vehicle design
challenge, an autonomous innovative vehicle design challenge, a mini innovative
vehicle design challenge, and a full-scale innovative vehicle design challenge.
(2) Notwithstanding section 17b,
the department shall make payments under this section not later than December
15, 2019.
Sec. 99bb. (1) From the general
fund money appropriated under section 11, there is allocated an amount not to
exceed $250,000.00 for 2019-2020 only for the purposes of this section. The
department shall establish a grant program to distribute this funding to 1
eligible nonprofit organization described under subsection (3) to be used in
the manner described under subsection (4).
(2) A nonprofit organization shall
apply for funding under this section in the form and manner prescribed by the
department.
(3) A nonprofit organization that
meets all of the following is an eligible nonprofit organization under this
section:
(a) Is an organization that is not
operated for profit and is exempt from federal income tax under section
501(c)(3)or 501(c)(4) of the internal revenue code, 26 USC 501.
(b) Has chapters and provides its
services in at least 10 schools, colleges, or universities in this state.
(c) Provides services to aid
individuals with intellectual and developmental disabilities.
(4) The eligible nonprofit
organization that receives funding under this section shall use the funds to
accomplish at least both of the following:
(a) Create opportunities for
1-on-1 friendships, integrated employment, and leadership development for
individuals with intellectual and developmental disabilities.
(b) Provide resources to
individuals with intellectual and developmental disabilities to aid those
individuals with all of the following:
(i) Gaining access to employment
opportunities.
(ii) Relational skills.
(iii) Communication skills.
(iv) Integration into communities.
(v) Any other skills that better the
lives of individuals with intellectual and developmental disabilities.
(5) Notwithstanding section 17b,
the department shall make grant payments under this section on a schedule
determined by the department.
Sec. 101. (1) To be eligible to
receive state aid under this article, not later than the fifth Wednesday after
the pupil membership count day and not later than the fifth Wednesday after the
supplemental count day, each district superintendent shall submit and certify to the
center and the intermediate superintendent, in the form and manner prescribed
by the center, the number of pupils enrolled and in regular daily attendance, including identification of
tuition-paying pupils, in the district as of the pupil membership
count day and as of the supplemental count day, as applicable, for the current
school year. In addition, a district maintaining school during the entire year , as provided under section 1561
of the revised school code, MCL 380.1561, shall submit and certify to the
center and the intermediate superintendent, in the form and manner prescribed
by the center, the number of pupils enrolled and in regular daily attendance in
the district for the current school year pursuant to rules promulgated by the
superintendent. Not later than the sixth Wednesday after the pupil membership
count day and not later than the sixth Wednesday after the supplemental count
day, the district shall certify
resolve any pupil
membership conflicts with another district, correct any data issues, and
recertify the data in a form and manner prescribed by the center
and file the certified data with the intermediate superintendent. If a district
fails to submit and certify the attendance data, as required under this
subsection, the center shall notify the department and the department shall withhold state aid due
to be distributed under this article shall be withheld from the defaulting
district immediately, beginning with the next payment after the failure and
continuing with each payment until the district complies with this subsection.
If a district does not comply with this subsection by the end of the fiscal
year, the district forfeits the amount withheld. A person who willfully
falsifies a figure or statement in the certified and sworn copy of enrollment shall be punished in the manner is subject to penalty as prescribed
by section 161.
(2) To be eligible to receive
state aid under this article, not later than the twenty-fourth Wednesday after
the pupil membership count day and not later than the twenty-fourth Wednesday
after the supplemental count day, an intermediate district shall submit to the
center, in a form and manner prescribed by the center, the audited enrollment
and attendance data for the pupils of its constituent districts and of the
intermediate district. If an intermediate district fails to submit the audited
data as required under this subsection, the department shall withhold state aid due
to be distributed under this article shall be withheld from the defaulting intermediate district immediately,
beginning with the next payment after the failure and continuing with
each payment until the intermediate district complies with this subsection. If
an intermediate district does not comply with this subsection by the end of the
fiscal year, the intermediate district forfeits the amount withheld.
(3) Except as otherwise provided
in subsections (11) and (12), all of the following apply to the provision of
pupil instruction:
(a) Except as otherwise provided
in this section, each district shall provide at least 1,098 hours and , beginning in 2010-2011, the required minimum number of 180 days of pupil instruction. Beginning in 2014-2015, the required minimum number of
days of pupil instruction is 175. However, all of the following apply to these
requirements:
(i) If a collective bargaining
agreement that provides a complete school calendar was in effect for employees
of a district as of July 1, 2013, and if that school calendar is not in
compliance with this subsection, then this subsection does not apply to that
district until after the expiration of that collective bargaining agreement. If
a district entered into a collective bargaining agreement on or after July 1,
2013 and if that collective bargaining
agreement did not provide for at least 175 days of pupil instruction beginning
in 2014-2015, then the department shall withhold from the district s
total state school aid an amount equal to 5% of the funding the district
receives in 2014-2015 under sections 22a and 22b.
(ii) A district may apply for a
waiver under subsection (9) from the requirements of this subdivision.
(b) Beginning in 2016-2017, the
required minimum number of days of pupil instruction is 180. If a collective bargaining
agreement that provides a complete school calendar was in effect for employees
of a district as of June 24, 2014, and if that school calendar is not in
compliance with this subdivision, then this subdivision does not apply to that
district until after the expiration of that collective bargaining agreement. A
district may apply for a waiver under subsection (9) from the requirements of
this subdivision.
(b) (c) Except as otherwise provided in
this article, a district failing to comply with the required minimum hours and
days of pupil instruction under this subsection shall forfeit forfeits from its total state aid allocation
an amount determined by applying a ratio of the number of hours or days the
district was in noncompliance in relation to the required minimum number of
hours and days under this subsection. Not later than August 1, the board
of each district shall either certify to the department that the district was
in full compliance with this section regarding the number of hours and days of
pupil instruction in the previous school year, or report to the department, in
a form and manner prescribed by the center, each instance of noncompliance. If
the district did not provide at least the required minimum number of hours and
days of pupil instruction under this subsection, the department shall make the deduction of
state aid shall be made in
the following fiscal year from the first payment of state school aid. A
district is not subject to forfeiture of funds under this subsection for a
fiscal year in which a forfeiture was already imposed under subsection (6).
(c) (d) Hours or days lost because of
strikes or teachers conferences shall are not be counted as hours or days of pupil
instruction.
(e) If a collective bargaining
agreement that provides a complete school calendar is in effect for employees
of a district as of October 19, 2009, and if that school calendar is not in
compliance with this subsection, then this subsection does not apply to that
district until after the expiration of that collective bargaining agreement.
(d) (f) Except as otherwise provided in
subdivisions (g) and (h), (e) and (f), if a
district not having does not have at least
75% of the district s membership in attendance on any day of pupil instruction, shall receive the department shall pay the district
state aid in that proportion of 1/180 that the actual percent of
attendance bears to the
specified percentage.75%.
(e) (g) If a district adds 1 or more days
of pupil instruction to the end of its instructional calendar for a school year
to comply with subdivision (a) because the district otherwise would fail to
provide the required minimum number of days of pupil instruction even after the
operation of subsection (4) due to conditions not within the control of school
authorities, then subdivision (f)
(d) does
not apply for any day of pupil instruction that is added to the end of the
instructional calendar. Instead, for any of those days, if the district does
not have at least 60% of the district s membership in attendance on that day, the department shall pay the
district shall receive state
aid in that proportion of 1/180 that the actual percentage of attendance bears
to the specified percentage.
60%. For
any day of pupil instruction added to the instructional calendar as described
in this subdivision, the district shall report to the department the percentage
of the district s membership that is in attendance, in the form and manner
prescribed by the department.
(f) (h) At the request of a district that
operates a department-approved alternative education program and that does not
provide instruction for pupils in all of grades K to 12, the superintendent
shall grant a waiver from the requirements of subdivision (f). (d). The waiver shall indicate must provide that an
eligible district is subject to the proration provisions of subdivision (f) (d) only if the
district does not have at least 50% of the district s membership in attendance
on any day of pupil instruction. In order to be eligible for this waiver, a
district must maintain records to substantiate its compliance with the
following requirements:
(i)
The district offers the minimum hours of pupil instruction as required under
this section.
(ii)
For each enrolled pupil, the district uses appropriate academic assessments to
develop an individual education plan that leads to a high school diploma.
(iii)
The district tests each pupil to determine academic progress at regular intervals
and records the results of those tests in that pupil s individual education
plan.
(g) (i) All of the following apply to a
waiver granted under subdivision (h):(f):
(i)
If the waiver is for a blended model of delivery, a waiver that is granted for the
2011-2012 fiscal year or a subsequent fiscal year remains in effect unless it
is revoked by the superintendent.
(ii)
If the waiver is for a 100% online model of delivery and the educational
program for which the waiver is granted makes educational services available to
pupils for a minimum of at least 1,098 hours during a school year and ensures
that each pupil participates in the educational program for at least 1,098
hours during a school year, a waiver that is granted for the 2011-2012 fiscal
year or a subsequent fiscal year remains in effect unless it is revoked by the
superintendent.
(iii)
A waiver that is not a waiver described in subparagraph (i) or (ii)
is valid for 1 fiscal year and must be renewed annually to remain in effect.
(h) (j) The superintendent shall
promulgate rules for the implementation of this subsection.
(4) Except as otherwise provided
in this subsection, the first 6 days or the equivalent number of hours for
which pupil instruction is not provided because of conditions not within the
control of school authorities, such as
severe storms, fires, epidemics, utility power unavailability, water or sewer
failure, or health conditions as defined by the city, county, or state
health authorities, are counted as hours and days of pupil instruction. For
2018-2019 only, in addition to these 6 days, if pupil instruction is not
provided on 1 or more days that are included in a period for which the governor
has issued an executive order declaring a state of emergency across this state,
upon request by a district to the superintendent of public instruction, in a
form and manner prescribed by the department, that 1 or more of those days and
the equivalent number of hours count as days and hours of pupil instruction,
the department shall count those requested days and the equivalent number of
hours as days and hours of pupil instruction for the purposes of this section.
For 2018-2019, the days included in the executive order are January 29, 2019 to
February 2, 2019. With the approval of the superintendent of public
instruction, the department shall count as hours and days of pupil instruction
for a fiscal year not more than 3 additional days or the equivalent number of
additional hours for which pupil instruction is not provided in a district due
to unusual and extenuating occurrences resulting from conditions not within the
control of school authorities such as those conditions described in this subsection.
Subsequent such hours or days shall
not be are not counted
as hours or days of pupil instruction.
(5) A district shall does not forfeit part
of its state aid appropriation because it adopts or has in existence an
alternative scheduling program for pupils in kindergarten if the program
provides at least the number of hours required under subsection (3) for a
full-time equated membership for a pupil in kindergarten as provided under
section 6(4).
(6) In addition to any other
penalty or forfeiture under this section, if at any time the department
determines that 1 or more of the following have occurred in a district, the
district shall forfeit forfeits in the current
fiscal year beginning in the next payment to be calculated by the department a
proportion of the funds due to the district under this article that is equal to
the proportion below the required minimum number of hours and days of pupil
instruction under subsection (3), as specified in the following:
(a) The district fails to operate
its schools for at least the required minimum number of hours and days of pupil instruction under subsection (3) in a school
year, including hours and days counted under subsection (4).
(b) The board of the district
takes formal action not to operate its schools for at least the required
minimum number of hours and days of pupil instruction under subsection (3) in a
school year, including hours and days counted under subsection (4).
(7) In providing the minimum
number of hours and days of pupil instruction required under subsection (3), a
district shall use the following guidelines, and a district shall maintain
records to substantiate its compliance with the following guidelines:
(a) Except as otherwise provided
in this subsection, a pupil must be scheduled for at least the required minimum
number of hours of instruction, excluding study halls, or at least the sum of
90 hours plus the required minimum number of hours of instruction, including up
to 2 study halls.
(b) The time a pupil is assigned
to any tutorial activity in a block schedule may be considered instructional
time, unless that time is determined in an audit to be a study hall period.
(c) Except as otherwise provided
in this subdivision, a pupil in grades 9 to 12 for whom a reduced schedule is
determined to be in the individual pupil s best educational interest must be
scheduled for a number of hours equal to at least 80% of the required minimum
number of hours of pupil instruction to be considered a full-time equivalent
pupil. A pupil in grades 9 to 12 who is scheduled in a 4-block schedule may
receive a reduced schedule under this subsection if the pupil is scheduled for
a number of hours equal to at least 75% of the required minimum number of hours
of pupil instruction to be considered a full-time equivalent pupil.
(d) If a pupil in grades 9 to 12
who is enrolled in a cooperative education program or a special education pupil
cannot receive the required minimum number of hours of pupil instruction solely
because of travel time between instructional sites during the school day, that
travel time, up to a maximum of 3 hours per school week, shall be is considered to be
pupil instruction time for the purpose of determining whether the pupil is
receiving the required minimum number of hours of pupil instruction. However,
if a district demonstrates to the satisfaction of the department that the
travel time limitation under this subdivision would create undue costs or
hardship to the district, the department may consider more travel time to be
pupil instruction time for this purpose.
(e) In grades 7 through 12,
instructional time that is part of a Junior Reserve Officer Training Corps
(JROTC) program shall be is considered to be
pupil instruction time regardless of whether the instructor is a certificated
teacher if all of the following are met:
(i)
The instructor has met all of the requirements established by the United States
Department of Defense and the applicable branch of the armed services for
serving as an instructor in the Junior Reserve Officer Training Corps program.
(ii)
The board of the district or intermediate district employing or assigning the
instructor complies with the requirements of sections 1230 and 1230a of the
revised school code, MCL 380.1230 and 380.1230a, with respect to the instructor
to the same extent as if employing the instructor as a regular classroom
teacher.
(8) Except as otherwise provided
in subsections (11) and (12), the department shall apply the guidelines under
subsection (7) in calculating the full-time equivalency of pupils.
(9) Upon application by the
district for a particular fiscal year, the superintendent shall waive for a
district the minimum number of hours and days of pupil instruction requirement
of subsection (3) for a department-approved alternative education program or
another innovative program approved by the department, including a 4-day school
week. If a district applies for and receives a waiver under this subsection and
complies with the terms of the waiver, the district is not subject to forfeiture
under this section for the specific program covered by the waiver. If the
district does not comply with the terms of the waiver, the amount of the
forfeiture shall be is calculated based
upon a comparison of the number of hours and days of pupil instruction actually
provided to the minimum number of hours and days of pupil instruction required
under subsection (3). Pupils
A district shall
report pupils enrolled in a department-approved alternative
education program under this subsection shall be reported to the center in a form and
manner determined by the center. All of the following apply to a waiver granted
under this subsection:
(a) If the waiver is for a
blended model of delivery, a waiver that is granted for the 2011-2012 fiscal
year or a subsequent fiscal year remains in effect unless it is revoked by the
superintendent.
(b) If the waiver is for a 100%
online model of delivery and the educational program for which the waiver is
granted makes educational services available to pupils for a minimum of at
least 1,098 hours during a school year and ensures that each pupil is on track
for course completion at proficiency level, a waiver that is granted for the
2011-2012 fiscal year or a subsequent fiscal year remains in effect unless it
is revoked by the superintendent.
(c) A waiver that is not a waiver
described in subdivision (a) or (b) is valid for 1 fiscal year and must be
renewed annually to remain in effect.
(d) For 2018-2019 only, the
department shall grant a waiver to a district that applies for a waiver for a
blended model of delivery after the department s application deadline if the
district meets the other requirements for a waiver under this subsection.
(10) Until 2014-2015, a A district may count up to 38 hours of
qualifying professional development for teachers as hours of pupil instruction.
However, if a collective
bargaining agreement that provides for the counting of up to 38 hours of
qualifying professional development for teachers as pupil instruction is in
effect for employees of a district as of July 1, 2013, then until the school
year that begins after the expiration of that collective bargaining agreement a
district may count up to the contractually specified number of hours of
qualifying professional development for teachers as hours of pupil instruction.
Professional development provided online is allowable and encouraged, as long
as the instruction has been approved by the district. The department shall
issue a list of approved online professional development providers, which shall
include the Michigan Virtual School. As used in this subsection, qualifying
professional development means professional development that is focused on 1
or more of the following:
(a) Achieving or improving
adequate yearly progress as defined under the no child left behind act of 2001,
Public Law 107-110.
(b) Achieving accreditation or
improving a school s accreditation status under section 1280 of the revised
school code, MCL 380.1280.
(c) Achieving highly qualified
teacher status as defined under the no child left behind act of 2001, Public
Law 107-110.
(d) Integrating technology into
classroom instruction.
(e)
Maintaining teacher certification.All of the
following apply to the counting of qualifying professional development as pupil instruction
under this subsection:
(a) If qualifying professional
development exceeds 5 hours in a single day, that day may be counted as a day
of pupil instruction.
(b) At least 8 hours of the
qualifying professional development counted as hours of pupil instruction under
this subsection must be recommended by a districtwide professional development
advisory committee appointed by the district board. The advisory committee must
be composed of teachers employed by the
district who represent a variety of grades and subject matter specializations,
including special education; nonteaching staff; parents; and
administrators. The majority membership of the committee shall be composed of
teaching staff.
(c) Professional development
provided online is allowable and encouraged, as long as the instruction has
been approved by the district. The department shall issue a list of approved
online professional development providers, which must include the Michigan
Virtual School.
(d) Qualifying professional
development may only be counted as hours of pupil instruction for the pupils of
those teachers scheduled to participate in the qualifying professional
development.
(e) For professional development
to be considered qualifying professional development under this subsection, the
professional development must meet all of the following:
(i) Is aligned to the school or
district improvement plan for the school or district in which the professional
development is being provided.
(ii) Is linked to 1 or more criteria
in the evaluation tool developed or adopted by the district or intermediate
district under section 1249 of the revised school code, MCL 380.1249.
(iii) Has been approved by the
department as counting for state continuing education clock hours. The number
of hours of professional development counted as hours of pupil instruction may
not exceed the number of state continuing education clock hours for which the
qualifying professional development was approved.
(iv) Not more than a combined total
of 10 hours of the professional development takes place before the first
scheduled day of school for the school year ending in the fiscal year and after
the last scheduled day of school for that school year.
(v) No more than 10 hours of
qualifying professional development takes place in a single month.
(vi) At least
75% of teachers scheduled to participate in the professional development are in
attendance.
(11) Subsections (3) and (8) do
not apply to a school of excellence that is a cyber school, as defined in
section 551 of the revised school code, MCL 380.551, and is in compliance with
section 553a of the revised school code, MCL 380.553a.
(12) Subsections (3) and (8) do
not apply to eligible pupils enrolled in a dropout recovery program that meets
the requirements of section 23a. As used in this subsection, eligible pupil
means that term as defined in section 23a.
(13) Beginning in 2013, at At least every 2 years the superintendent
shall review the waiver standards set forth in the pupil accounting and
auditing manuals to ensure that the waiver standards and waiver process
continue to be appropriate and responsive to changing trends in online
learning. The superintendent shall solicit and consider input from stakeholders
as part of this review.
Sec. 102d.
(1) From the funds appropriated in section 11, there is allocated an amount not
to exceed $1,500,000.00 for 2018-2019 2019-2020 for reimbursements to districts,
intermediate districts, and the
authorizing bodies of public school academies for the licensing
of school data analytical tools as described under this section. The
reimbursement is for eligible districts,
intermediate districts, and authorizing bodies of public school academies that
choose to use a school data analytical tool to assist the district,
intermediate district, or authorizing body of a public school academy and that
enter into a licensing agreement for a school data analytical tool with 1 of
the vendors approved by the department of technology, management, and budget
under subsection (2). (3). Funds allocated
under this section are intended to provide eligible districts, intermediate districts,
and the authorizing
bodies of public school academies with financial forecasting and transparency
reporting tools to help improve the financial health of districts and to
improve communication with the public. , resulting in increased fund balances for districts and
intermediate districts.
(2) A district, intermediate
district, or the authorizing body of a public school academy is eligible for
funding under this section if either of the following applies:
(a) The department of treasury, in
consultation with the department, approves a request by the district, intermediate district, or the
authorizing body of the public school academy to seek reimbursement for
a school data analytical tool described in this section and at least 1 of the
following applies:
(i) The district, intermediate
district, or public school academy is required to submit a deficit elimination
plan under section 1220 of the revised school code, MCL 380.1220.
(ii) The district, intermediate
district, or public school academy is required to submit an enhanced deficit
elimination plan under section 1220 of the revised school code, MCL 380.1220.
(iii) The district, intermediate
district, or public school academy is required to submit periodic financial
status reports to the department of treasury.
(iv) The department of treasury has
declared that the district, intermediate district, or public school academy may
potentially be subject to fiscal stress.
(v) The district, intermediate
district, or public school academy is subject to oversight under the local
financial stability and choice act, 2012 PA 436, MCL 141.1541 to 141.1575.
(vi) The district, intermediate
district, or public school academy has a signed partnership agreement with the
department and is not receiving reimbursement for a school data analytical tool
under section 21h.
(b) There are remaining available
funds under this section after reimbursements are made to all eligible
districts, intermediate districts, and authorizing bodies described under
subdivision (a).
(3) (2) A vendor approved under this
section for 2017-2018 2018-2019 is approved
for use by a district, intermediate district, or the authorizing body of a public school
academy and for reimbursement for 2018‑2019.2019-2020.
(4) (3) Funds The department shall first pay
funds allocated under this section shall be paid to
districts, intermediate districts, and the authorizing bodies of public school
academies to which subsection
(2)(a) applies as a full reimbursement for already having a
licensing agreement or for
entering into a licensing agreement not later than December 1, 2018 with
a vendor approved under subsection (2) (3) to implement a school data analytical
tool. Reimbursement will be prorated for the portion of the state fiscal year
not covered by the licensing agreement. However, a licensing agreement that takes effect after
October 1, 2018 and before December 1, 2018 will not be prorated if the term of
the agreement is at least 1 year. Reimbursement under this section shall be
made as follows:
(a) All districts, intermediate
districts, and authorizing bodies of public school academies seeking
reimbursement shall submit requests not later than December 1, 2018 indicating
the cost paid for the school data analytical tool.
(5) (b) The department shall determine
the sum of the funding requests under subdivision (a) and, if there are
sufficient funds, shall pay If all
eligible districts, intermediate districts, and authorizing bodies to which
subsection (2)(a) applies have been reimbursed and there are remaining
available funds under this section, the department shall pay 1/2 of the costs submitted under subdivision (a). by an eligible district, intermediate
district, or authorizing body to which subsection (2)(a) does not apply but
that is otherwise an eligible district, intermediate district, or authorizing
body under this section. If there are insufficient funds to pay
1/2 of the costs submitted under (a), this subsection, then the department shall make reimbursement shall be made on an
equal percentage basis.
(c) Funds remaining after the
calculation and payment under subdivision (b) shall be distributed on an equal
per-pupil basis, with an intermediate district s pupils considered to be the
sum of the pupil memberships of the constituent districts for which the
intermediate district is purchasing the school data analytical tool, and with
an authorizing body s pupils considered to be the sum of the pupil memberships
of the public school academies authorized by the authorizing body for which the
authorizing body is purchasing the school data analytical tool.
(6) (d) The reimbursement to a district,
intermediate district, or authorizing body of a public school academy shall must not be greater
than the amount paid for a data analytics application.
(7) (e) A Subject to subsection (8), the
department shall not reimburse a district, intermediate district,
or authorizing body of a public school academy shall not be reimbursed for the purchase of
more than 1 software application.
(8) (4) If an intermediate district
purchases both a school data analytical tool specifically for intermediate
district finances and a school data analytical tool for those constituent
districts that opt in, the intermediate district shall may be reimbursed for both purchases under
this section.
(9) (5) If an intermediate district makes
available to 1 or more of its constituent districts a school data analytical
tool funded under this section, the
department shall not reimburse that constituent district shall not be reimbursed under
this section for the purchase of that school data analytical tool if the
constituent district has opted in for that tool. If an intermediate district makes available to 1 or more
of its constituent districts a school data analytical tool funded under this
section, and that constituent district does not opt in for that tool, the
department shall not reimburse that constituent district for the purchase of
any other analytical tool funded under this section.
(10) (6) If an authorizing body of a
public school academy makes available to 1 or more public school academies a
school data analytical tool funded under this section, the department shall not reimburse the public
school academy shall not be
reimbursed under this section for the purchase of a school data
analytical tool if the public school academy opted in for that tool. If an authorizing body makes
available to 1 or more of its public school academies a school data analytical
tool funded under this section, and that public school academy does not opt in
for that tool, the department shall not reimburse that public school academy
for the purchase of any other analytical tool funded under this section.
(11) (7) Notwithstanding section 17b, the department shall make payments
under this section shall be made
on a schedule determined by the department.
Sec. 104. (1) In order to receive
state aid under this article, a district shall comply with sections 1249,
1278a, 1278b, 1279, 1279g, and 1280b of the revised school code, MCL 380.1249,
380.1278a, 380.1278b, 380.1279, 380.1279g,
and 380.1280b, and 1970 PA 38, MCL 388.1081 to 388.1086. Subject to subsection (2),
from the state school aid fund money appropriated in section 11, there is
allocated for 2017-2018 an
amount not to exceed $29,709,400.00 and there is allocated for 2018-2019 2019-2020 an amount not
to exceed $32,509,400.00 $32,009,400.00 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 each
fiscal year for 2017-2018 and for 2018-2019 for 2019-2020 an amount
estimated at $6,250,000.00, funded from DED-OESE, title VI, state assessment
funds, and from 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, or the every
student succeeds act, Public Law 114-95.
(2) The results of each test
administered as part of the Michigan student test of educational progress (M‑STEP),
including tests administered to high school students, shall must include an item analysis that lists all
items that are counted for individual pupil scores and the percentage of pupils
choosing each possible response. The department shall work with the center to
identify the number of students enrolled at the time assessments are given by
each district. In calculating the percentage of pupils assessed for a district s
scorecard, the department shall use only the number of pupils enrolled in the
district at the time the district administers the assessments and shall exclude
pupils who enroll in the district after the district administers the
assessments.
(3) All The department shall distribute 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) From the funds allocated in subsection (1), there is
allocated an amount not to exceed $1,000,000.00 for 2017-2018 and an amount not
to exceed $1,500,000.00 for 2018-2019 to an intermediate district described in
this subsection to implement a Michigan kindergarten entry observation tool in
2017 2018 and 2018-2019. The funding under this subsection is allocated to an
intermediate district in prosperity region 9 with at least 3,000 kindergarten
pupils enrolled in its constituent districts to continue participation in the
Maryland-Ohio pilot and cover the costs of implementing the observation tool,
including a contract with a university for implementation of the observation
tool also referred to as the kindergarten readiness assessment. The
intermediate district shall continue implementation of the Michigan
kindergarten entry observation (MKEO) and the kindergarten readiness assessment
shall be conducted in all kindergarten classrooms in districts located in
prosperity regions 4, 5, and 9 beginning in August 2018 and, beginning August
1, 2019, in districts located in prosperity regions 2, 3, 4, 5, 6, 7, 8, and 9.
A constituent district of an intermediate district located within these
prosperity regions shall administer the Maryland-Ohio tool within each
kindergarten classroom to either the full census of kindergarten pupils or a
representative sample of not less than 35% of the enrolled kindergarten pupils
in each classroom. The intermediate district receiving the funding allocated
under this subsection shall work with other intermediate districts to implement
the Michigan kindergarten entry observation, engage with the office of great
start and the department, and provide a report to the legislature on the
demonstrated readiness of kindergarten pupils within the participating intermediate
districts. That intermediate district may share this funding with the other
affected intermediate districts and districts. Allowable costs under this
subsection include those incurred in July, August, and September 2017 as well
as those incurred in 2017-2018. As used in this subsection, kindergarten may
include a classroom for young 5-year-olds, commonly referred to as young 5s
or developmental kindergarten . The department shall approve the language and
literacy domain within the Maryland-Ohio tool, also referred to as the Kindergarten
Readiness Assessment , for use by districts as an initial assessment that may
be delivered to all kindergarten students to assist with identifying any
possible area of concern for a student in English language arts.From the funds allocated in
subsection (1), there is allocated an amount not to exceed $2,500,000.00 to an
intermediate district described in this subsection for statewide implementation
of the Michigan kindergarten entry observation tool (MKEO) beginning in the
fall of 2019, utilizing the Maryland-Ohio observational tool, also referred to
as the Kindergarten Readiness Assessment, as piloted under this subsection in 2017-2018
and implemented in 2018-2019 and 2019-2020. The funding in this subsection is
allocated to an intermediate district in prosperity region 9 with at least
3,000 kindergarten pupils enrolled in its constituent districts. All of the
following apply to the implementation of the kindergarten entry observation
tool under this subsection:
(a) The department, in
collaboration with all intermediate districts, shall ensure that the Michigan
kindergarten entry observation tool is administered in each kindergarten
classroom to either the full census of kindergarten pupils enrolled in the
classroom or to a representative sample of not less than 35% of the total
kindergarten pupils enrolled in each classroom. If a district elects to
administer the Michigan kindergarten entry observation tool to a random sample
of pupils within each classroom, the district s intermediate district shall
select the pupils who will receive the assessment based on the same random
method. Beginning in 2020, the observation tool must be administered within 45
days after the start of the school year.
(b) The intermediate district that
receives funding under this subsection, in collaboration with all other
intermediate districts, shall implement a train the trainer professional
development model on the usage of the Michigan kindergarten entry observation
tool. This training model must provide training to intermediate district staff
so that they may provide similar training for staff of their constituent
districts. This training model must also ensure that the tool produces reliable
data and that there are a sufficient number of trainers to train all
kindergarten teachers statewide.
(c) By March 1, 2021, and each
year thereafter, the department and the intermediate district that receives funding under this subsection shall
report to the house and senate appropriations subcommittees on school
aid, the house and senate fiscal agencies, and the state budget director on the
results of the statewide implementation, including, but not limited to, an
evaluation of the demonstrated readiness of kindergarten pupils statewide and
the effectiveness of state and federal early childhood programs that are
designed for school readiness under this state s authority, including the great
start readiness program and the great start readiness/Head Start blended
program, as referenced under section 32d. By September 1, 2021, and each year
thereafter, the department and the center shall provide a method for districts
and public school academies with kindergarten enrollment to look up and verify
their student enrollment data for pupils who were enrolled in a publicly funded
early childhood program in the year before kindergarten, including the
individual great start readiness program, individual great start readiness/Head
Start blended program, individual title I preschool program, individual section
31a preschool program, individual early childhood special education program, or
individual developmental kindergarten or program for young 5-year-olds in which
each tested child was enrolled. A participating district shall analyze the data
to determine whether high-performing children were enrolled in any specific
early childhood program and, if so, report that finding to the department and
to the intermediate district that receives funding under this subsection.
(d) The
department shall approve the language and literacy domain within the
Kindergarten Readiness Assessment
for use by districts as an initial assessment that may be delivered to all
kindergarten pupils to assist with identifying any possible area of concern for
a pupil in English language arts.
(e) As used in this subsection:
(i) Kindergarten includes a
classroom for young 5-year-olds, commonly referred to as young 5s or developmental
kindergarten .
(ii) Representative sample means a
sample capable of producing valid and reliable assessment information on all or
major subgroups of kindergarten pupils in a district.
(5) The department shall continue
to make the kindergarten entry assessment developed by the department and field
tested in 2015-2016 available to districts in 2017-2018.
(5) (6) The department may recommend, but
may not require, districts to allow pupils to use an external keyboard with
tablet devices for online M-STEP testing, including, but not limited to,
open-ended test items such as constructed response or equation builder items.
(6) (7) Notwithstanding section 17b, the department shall make payments
on behalf of districts, intermediate districts, and other eligible entities under
this section shall be paid on
a schedule determined by the department.
(7) (8) From the allocation in subsection
(1), there is allocated an
amount not to exceed $3,200,000.00 for 2017-2018 and an amount
not to exceed $500,000.00 for 2018-2019
2019-2020 for
the development or selection operation of an online reporting tool to provide
student-level assessment data in a secure environment to educators,
parents, and pupils immediately after assessments are scored. The department
and the center shall ensure that any data collected by the online reporting
tool do not provide individually identifiable student data to the federal
government.
(8) (9) 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.
Sec. 104c. (1) In order to
receive state aid under this article, a district shall administer the state assessments
described in this section.
(2) For the purposes of this
section, the department shall develop and administer the Michigan student test
of educational progress (M-STEP) assessments in English language arts and
mathematics. These assessments shall be aligned to state standards.
(3) For the purposes of this
section, the department shall implement a summative assessment system that is
proven to be valid and reliable for administration to pupils as provided under
this subsection. The summative assessment system shall must meet all of the following requirements:
(a) The
summative assessment system shall
must measure
student proficiency on the current state standards, shall must measure student growth for consecutive
grade levels in which students are assessed in the same subject area in both
grade levels, and shall must be capable of
measuring individual student performance.
(b) The summative assessments for
English language arts and mathematics shall must be administered to all public school
pupils in grades 3 to 11, including those pupils as required by the federal
individuals with disabilities education act, Public Law 108-446, and by title I
of the federal every student succeeds act (ESSA), Public Law 114-95.
(c) The summative assessments for
science shall must be administered to
all public school pupils in at least grades 5 and 8, including those pupils as
required by the federal individuals with disabilities education act, Public Law 108-446, and by title I of the
federal every student succeeds act (ESSA), Public Law 114-95.
(d) The summative assessments for
social studies shall must be administered to
all public school pupils in at least grades 5 and 8, including those pupils as
required by the federal individuals with disabilities education act, Public Law 108-446, and by title I of the
federal every student succeeds act (ESSA), Public Law 114-95.
(e) The content of the summative
assessments shall must be aligned to
state standards.
(f) The pool of questions for the
summative assessments shall must be subject to a
transparent review process for quality, bias, and sensitive issues involving
educator review and comment. The department shall post samples from tests or
retired tests featuring questions from this pool for review by the public.
(g) The summative assessment
system shall must ensure that
students, parents, and teachers are provided with reports that convey
individual student proficiency and growth on the assessment and that convey
individual student domain-level performance in each subject area, including
representative questions, and individual student performance in meeting state
standards.
(h) The summative assessment
system shall must be capable of
providing, and the department shall ensure that students, parents, teachers,
administrators, and community members are provided with, reports that convey
aggregate student proficiency and growth data by teacher, grade, school, and
district.
(i) The summative assessment
system shall must ensure the
capability of reporting the available data to support educator evaluations.
(j) The summative assessment
system shall must ensure that the
reports provided to districts containing individual student data are available
within 60 days after completion of the assessments.
(k) The summative assessment
system shall must ensure that access
to individually identifiable student data meets all of the following:
(i) Is in compliance with 20 USC 1232g, commonly referred to as the
family educational rights and privacy act of 1974.
(ii) Except as may be provided for in an agreement with a vendor to
provide assessment services, as necessary to support educator evaluations
pursuant to subdivision (i), or for research or program evaluation purposes, is available only to the student; to the
student s parent or legal guardian; and to a school administrator or
teacher, to the extent that he or she has a legitimate educational interest.
(l) The summative assessment system shall must ensure that the assessments are pilot
tested before statewide implementation.
(m) The
summative assessment system shall
must ensure
that assessments are designed so that the maximum total combined length of time
that schools are required to set aside for a pupil to answer all test questions
on all assessments that are part of the system for the pupil s grade level does
not exceed that maximum total combined length of time for the previous
statewide assessment system or 9 hours, whichever is less. This subdivision
does not limit the amount of time a district may allow a pupil to complete a
test.
(n) The total cost of executing
the summative assessment system statewide each year, including, but not limited
to, the cost of contracts for administration, scoring, and reporting, shall must not exceed an
amount equal to 2 times the cost of executing the previous statewide assessment
after adjustment for inflation.
(o) Beginning with the 2017-2018
school year, the summative assessment system shall must not require more than 3 hours in
duration, on average, for an individual pupil to complete the combined
administration of the math and English language arts portions of the assessment
for any 1 grade level.
(p) The summative assessments for
English language arts and mathematics for pupils in grades 8 to 10 must be
aligned to the college entrance test portion of the Michigan merit examination
required under section 104b.
(4) The department shall offer
benchmark assessments in the fall and spring of each school year to measure
English language arts and mathematics in each of grades K to 2. Full
implementation shall must occur not later
than the 2018-2019 2019-2020 school year.
These assessments are necessary to determine a pupil s proficiency level before
grade 3 and must meet the
requirements under section 104d(4).
(5) This section does not
prohibit districts from adopting interim assessments.
(6) As used in this section, English
language arts means that term as defined in section 104b.
Sec. 104d.
(1) From the state school aid fund money appropriated in section 11, there is
allocated for 2018-2019 2019-2020 an amount not to exceed
$9,200,000.00 for providing reimbursement to districts that purchase a computer-adaptive
test, or that purchase 1 or more diagnostic tools or universal screening
tools for pupils in grades K to 3 that are intended to increase reading
proficiency by grade 4, or that purchase benchmark assessments for pupils in
grades K to 8. The department
shall evaluate and approve assessments under this section that meet the
requirements under subsections (2) to (4).
(2) In order for a district to receive
reimbursement under this section for the purchase of a computer-adaptive test, the computer-adaptive test must
provide for at least all of the following:an assessment intended for universal screening of pupils in
grades K to 3, subject to subsection (9), the assessment must meet all of the
following:
(a) Internet-delivered,
standards-based assessment using a computer-adaptive model to target the
instructional level of each pupil.Meet the requirement for universal
screening as described under section 1280f of the revised school code, MCL
380.1280f.
(b) Unlimited testing opportunities throughout the 2018-2019
school year.Be
reliable and valid.
(c) Valid and reliable diagnostic assessment data.Be useful. As used in this
subdivision, useful means that an assessment is easy to administer, requires
a short amount of time to complete, and yields results that inform instruction
and intervention.
(d) Adjustment of testing difficulty based on previous answers
to test questions.Can
be used for the universal screening of characteristics of reading deficiencies
as described under section 1280f of the revised school code, MCL 380.1280f.
(e) Immediate Provide immediate feedback to pupils and
teachers.
(3) In order for a district to
receive reimbursement under this section for the purchase of 1 or more diagnostic tools or
screening tools for pupils in grades K to 3, each of the tools must meet all of
the following:an
assessment intended to be used as a diagnostic tool as described under section
1280f of the revised school code, MCL 380.1280f, for pupils in grades K to 3,
the assessment must meet all of the following:
(a) Be reliable.
(b) Be valid.
(c) Be useful. As used in this
subdivision, useful means that a tool is easy to administer. and requires a short time to complete
and that results are linked to intervention.
(d) Provide data to identify
reading deficiencies that, if reading deficiencies are identified, can be
utilized to inform instruction and intervention.
(4) In order for a district to
receive funding reimbursement under
this section for the purchase of benchmark
assessments for pupils in grades K to 8, the benchmark assessments must meet
all of the following:
(a) Be aligned to the state
standards of this state.
(b) Complement this state s summative
assessment system.
(c) Be administered at least once a year before the
administration of any summative assessment to monitor pupil progress.Be internet-delivered and include a
standards-based assessment using a computer-adaptive model to target the
instructional level of each pupil.
(d) Provide information on pupil
achievement with regard to learning the content required in a given year or
grade span.
(e) Provide immediate feedback to
pupils and teachers.
(f) Be nationally normed.
(g) Provide a measure of growth
and provide for multiple testing opportunities.
(5) Reimbursement The department shall make reimbursement under
this section shall be made to
eligible districts that purchase a computer-adaptive test or 1 or more
diagnostic tools, universal screening
tools, or benchmark assessments described in this section by October 15, 2018 and shall be made 2019. The department shall make
reimbursement on an equal per-pupil basis according to the
available funding, based on the number of pupils for whom assessments were
purchased.
(6) In order to receive
reimbursement under this section, a district shall demonstrate to the
satisfaction of the department that each qualifying computer-adaptive test, diagnostic tool, universal screening
tool, or benchmark assessment was purchased by the district by December 1, 2018 2019 and shall must report to the
department which tests, tools, and assessments the district purchased.
(7) Not later than February 1, 2019, 2020, the department
shall compile the data provided by districts under subsection (6) and report to
the house and senate appropriations subcommittees on school aid and the house
and senate fiscal agencies the number of districts that purchased each test,
tool, and assessment.
(8) Districts A district seeking reimbursement under this
section for a benchmark assessment shall commit to using the same benchmark
assessment for no less than 3
years 1 year without
switching to another benchmark assessment.
(9) An assessment under subsection
(2) may be a benchmark assessment if the benchmark assessment meets all of the
criteria under subsection (2)(a) to (e).
Sec. 107.
(1) From the appropriation in section 11, there is allocated an amount not to
exceed $30,000,000.00 for 2018-2019 2019-2020 for adult education programs
authorized under this section. Except as otherwise provided under subsections
(14) and (15), funds allocated under this section are restricted for adult
education programs as authorized under this section only. A recipient of funds
under this section shall not use those funds for any other purpose.
(2) To be eligible for funding
under this section, an eligible adult education provider shall employ
certificated teachers and qualified administrative staff and shall offer
continuing education opportunities for teachers to allow them to maintain
certification.
(3) To be eligible to be a
participant funded under this section, an individual shall must be enrolled in an adult basic education
program, an adult secondary education program, an adult English as a second
language program, a high school equivalency test preparation program, or a high
school completion program, that meets the requirements of this section, and for
which instruction is provided, and the individual shall must be at least 18 years of age and the
individual s graduating class shall
must have
graduated.
(4) By April 1 of each fiscal
year, the intermediate districts within a prosperity region or subregion shall
determine which intermediate district will serve as the prosperity region s or subregion s
fiscal agent for the next fiscal year and shall notify the department in a form
and manner determined by the department. The department shall approve or
disapprove of the prosperity region s or subregion s selected fiscal agent.
From the funds allocated under subsection (1), an amount as determined under
this subsection shall be is allocated to each
intermediate district serving as a fiscal agent for adult education programs in
each of the prosperity regions or subregions identified by the department. An
intermediate district shall not use more than 5% of the funds allocated under
this subsection for administration costs for serving as the fiscal agent. Beginning in 2014-2015, 67% of the
allocation provided to each intermediate district serving as a fiscal agent
shall be based on the proportion of total funding formerly received by the
adult education providers in that prosperity region or subregion in 2013-2014,
and 33% shall be allocated based on the factors in subdivisions (a), (b), and
(c). For 2018-2019, 33% of the allocation provided to each intermediate
district serving as a fiscal agent shall be based upon the proportion of total
funding formerly received by the adult education providers in that prosperity
region in 2013-2014 and 67% of the allocation shall be based upon the factors
in subdivisions (a), (b), and (c). However, if the allocation to an
intermediate district as calculated under the preceding sentence is less than
the amount received by the intermediate district under this subsection for
2017-2018, the intermediate district shall instead receive in 2018-2019 an
amount equal to what the intermediate district received in 2017-2018. Beginning
in 2019-2020, the allocation provided to each intermediate district serving as
a fiscal agent shall be is an amount equal to
what the intermediate district received in 2018-2019. The funding factors for
this section are as follows:
(a) Sixty percent of this portion
of the funding shall be is distributed based
upon the proportion of the state population of individuals between the ages of
18 and 24 that are not high school graduates that resides in each of the
prosperity regions or subregions, as reported by the most recent 5-year
estimates from the American Community Survey (ACS) from the United States
Census Bureau.
(b) Thirty-five percent of this
portion of the funding shall
be is distributed
based upon the proportion of the state population of individuals age 25 or
older who are not high school graduates that resides in each of the prosperity
regions or subregions, as reported by the most recent 5-year estimates from the
American Community Survey (ACS) from the United States Census Bureau.
(c) Five percent of this portion
of the funding shall be is distributed based
upon the proportion of the state population of individuals age 18 or older who
lack basic English language proficiency that resides in each of the prosperity
regions or subregions, as reported by the most recent 5-year estimates from the
American Community Survey (ACS) from the United States Census Bureau.
(5) To be an eligible fiscal
agent, an intermediate district must agree to do the following in a form and
manner determined by the department:
(a) Distribute funds to adult
education programs in a prosperity region or subregion as described in this
section.
(b) Collaborate with the career
and educational advisory council, which is an advisory council of the workforce
development boards located in the prosperity region or subregion, or its
successor, to develop a regional strategy that aligns adult education programs
and services into an efficient and effective delivery system for adult
education learners, with special consideration for providing contextualized
learning and career pathways and addressing barriers to education and employment.
(c) Collaborate with the career
and educational advisory council, which is an advisory council of the workforce
development boards located in the prosperity region or subregion, or its
successor, to create a local process and criteria that will identify eligible
adult education providers to receive funds allocated under this section based
on location, demand for services, past performance, quality indicators as
identified by the department, and cost to provide instructional services. The
fiscal agent shall determine all local processes, criteria, and provider
determinations. However, the local processes, criteria, and provider services
must be approved by the department before funds may be distributed to the
fiscal agent.
(d) Provide oversight to its adult
education providers throughout the program year to ensure compliance with the
requirements of this section.
(e) Report adult education
program and participant data and information as prescribed by the department.
(6) An adult basic education program,
an adult secondary education program, or an adult English as a second language
program operated on a year-round or school year basis may be funded under this
section, subject to all of the following:
(a) The program enrolls adults
who are determined by a department-approved assessment, in a form and manner
prescribed by the department, to be below twelfth grade level in reading or
mathematics, or both, or to lack basic English proficiency.
(b) The
program tests individuals for eligibility under subdivision (a) before
enrollment and upon completion of the
program in compliance with the state-approved assessment policy.
(c) A participant in an adult
basic education program is eligible for reimbursement until 1 of the following
occurs:
(i)
The participant s reading and mathematics proficiency are assessed at or above
the ninth grade level.
(ii)
The participant fails to show progress on 2 successive assessments after having
completed at least 450 hours of instruction.
(d) A participant in an adult
secondary education program is eligible for reimbursement until 1 of the
following occurs:
(i)
The participant s reading and mathematics proficiency are assessed above the
twelfth grade level.
(ii)
The participant fails to show progress on 2 successive assessments after having
at least 450 hours of instruction.
(e) A funding recipient enrolling
a participant in an English as a second language program is eligible for
funding according to subsection (9) until the participant meets 1 of the
following:
(i)
The participant is assessed as having attained basic English proficiency as
determined by a department-approved assessment.
(ii)
The participant fails to show progress on 2 successive department-approved
assessments after having completed at least 450 hours of instruction. The
department shall provide information to a funding recipient regarding
appropriate assessment instruments for this program.
(7) A high school equivalency
test preparation program operated on a year-round or school year basis may be
funded under this section, subject to all of the following:
(a) The
program enrolls adults who do not have a high school diploma or a high school
equivalency certificate.
(b) The program shall administer administers a pre-test
approved by the department before enrolling an individual to determine the
individual s literacy levels, shall
administer administers
a high school equivalency practice test to determine the
individual s potential for success on the high school equivalency test, and shall administer administers a post-test
upon completion of the program in compliance with the state-approved assessment
policy.
(c) A funding recipient shall receive receives funding
according to subsection (9) for a participant, and a participant may be
enrolled in the program until 1 of the following occurs:
(i)
The participant achieves a high school equivalency certificate.
(ii)
The participant fails to show progress on 2 successive department-approved
assessments used to determine readiness to take a high school equivalency test
after having completed at least 450 hours of instruction.
(8) A high school completion
program operated on a year-round or school year basis may be funded under this
section, subject to all of the following:
(a) The program enrolls adults
who do not have a high school diploma.
(b) The program tests
participants described in subdivision (a) before enrollment and upon completion
of the program in compliance with the state-approved assessment policy.
(c) A funding recipient shall receive receives funding
according to subsection (9) for a participant in a course offered under this
subsection until 1 of the following occurs:
(i)
The participant passes the course and earns a high school diploma.
(ii)
The participant fails to earn credit in 2 successive semesters or terms in
which the participant is enrolled after having completed at least 900 hours of
instruction.
(9) A The department shall make payments to a funding
recipient shall receive
payments under this section in accordance with all of the
following:
(a) Statewide allocation
criteria, including 3-year average enrollments, census data, and local needs.
(b) Participant completion of the
adult basic education objectives by achieving an educational gain as determined
by the national reporting system levels; for achieving basic English
proficiency, as determined by the department; for achieving a high school
equivalency certificate or passage of 1 or more individual high school
equivalency tests; for attainment of a high school diploma or passage of a course
required for a participant to attain a high school diploma; for enrollment in a
postsecondary institution, or for entry into or retention of employment, as
applicable.
(c) Participant completion of
core indicators as identified in the innovation and opportunity act.
(d) Allowable expenditures.
(10) A person who is not eligible
to be a participant funded under this section may receive adult education
services upon the payment of tuition. In addition, a person who is not eligible
to be served in a program under this section due to the program limitations
specified in subsection (6), (7), or (8) may continue to receive adult
education services in that program upon the payment of tuition. The tuition level shall be determined
by the local or intermediate district conducting the program shall determine the tuition amount.
(11) An individual who is an
inmate in a state correctional facility shall not be is not counted as a participant under this
section.
(12) A funding recipient shall
not commingle money received under this section or from another source for
adult education purposes with any other funds and shall establish a separate
ledger account for funds received under this section. This subsection does not
prohibit a district from using general funds of the district to support an
adult education or community education program.
(13) A funding recipient
receiving funds under this section may establish a sliding scale of tuition
rates based upon a participant s family income. A funding recipient may charge
a participant tuition to receive adult education services under this section
from that sliding scale of tuition rates on a uniform basis. The amount of
tuition charged per participant shall must not exceed the actual operating cost per
participant minus any funds received under this section per participant. A
funding recipient may not charge a participant tuition under this section if
the participant s income is at or below 200% of the federal poverty guidelines
published by the United States Department of Health and Human Services.
(14) In order to receive funds
under this section, a funding recipient shall furnish to the department, in a
form and manner determined by the department, all information needed to
administer this program and meet federal reporting requirements; shall allow
the department or the department s designee to review all records related to
the program for which it receives funds; and shall reimburse the state for all
disallowances found in the review, as determined by the department. In addition,
a funding recipient shall agree to pay to a career and technical education
program under section 61a the amount of funding received under this section in
the proportion of career and technical education coursework used to satisfy
adult basic education programming, as billed to the funding recipient by
programs operating under section 61a. In addition to the funding allocated
under subsection (1), there is allocated for 2019-2020 an amount not to exceed
$500,000.00 to reimburse funding recipients for administrative and
instructional expenses associated with commingling programming under this
section and section 61a. Payments
made The
department shall make payments under this subsection to each
funding recipient shall be in
the same proportion as funding calculated and allocated under subsection (4).
(15) From the amount appropriated
in subsection (1), an amount not to exceed $4,000,000.00 shall be is allocated for 2018-2019 2019-2020 for grants to
adult education or career technical center programs that connect adult
education participants with employers as provided under this subsection. The department shall determine the amount
of the grant to each program shall be up to under this subsection, not to exceed $350,000.00.
To be eligible for funding under this subsection, a program must provide a
collaboration linking adult education programs within the county, the area
career technical center, and local employers. To receive funding under this
subsection, an eligible program shall must satisfy all of the following:
(a) Shall connect Connect adult education participants directly
with employers by linking adult education, career and technical skills, and
workforce development.
(b) Shall require Require adult education staff to work with
Michigan Works! agency to identify a cohort of participants who are most
prepared to successfully enter the workforce. Participants identified under
this subsection shall must be dually enrolled
in adult education programming and in at least 1 technical course at the area
career and technical center.
(c) Shall have Employ an individual staffed as an adult
education navigator who will serve as a caseworker for each participant
identified under subdivision (b). The navigator shall work with adult education
staff and potential employers to design an educational program best suited to
the personal and employment needs of the participant and shall work with human
service agencies or other entities to address any barrier in the way of
participant access.
(16) A
program that was a pilot program in 2017-2018 and that was funded under this
section in 2017-2018 shall be is funded in 2018-2019 2019-2020 unless the program ceases
operation. The intermediate district in which that pilot program was funded shall be is the fiscal agent for
that program and shall apply for that program s funding under subsection (15).
(17) Each
program funded under subsection (15) will receive funding for 3 years. After 3
years of operations and funding, a program must
reapply for funding.
(18) Not later than December 1, 2019, 2020, a program funded
under subsection (15) shall provide a report to the senate and house
appropriations subcommittees on school aid, to the senate and house fiscal
agencies, and to the state budget director identifying the number of
participants, graduation rates, and a measure of transition to employment.
(19) The department shall approve
at least 3 high school equivalency tests and determine whether a high school
equivalency certificate meets the requisite standards for high school
equivalency in this state.
(20) As used in this section:
(a) Career
and educational advisory council means an advisory council to the local
workforce development boards located in a prosperity
region consisting of educational, employer, labor, and parent representatives.
(b) Career pathway means a
combination of rigorous and high-quality education, training, and other
services that comply with all of the following:
(i)
Aligns with the skill needs of industries in the economy of this state or in
the regional economy involved.
(ii)
Prepares an individual to be successful in any of a full range of secondary or
postsecondary education options, including apprenticeships registered under the
act of August 16, 1937 (commonly known as the national apprenticeship act ),
29 USC 50 et seq.
(iii)
Includes counseling to support an individual in achieving the individual s
education and career goals.
(iv)
Includes, as appropriate, education offered concurrently with and in the same
context as workforce preparation activities and training for a specific
occupation or occupational cluster.
(v)
Organizes education, training, and other services to meet the particular needs
of an individual in a manner that accelerates the educational and career
advancement of the individual to the extent practicable.
(vi)
Enables an individual to attain a secondary school diploma or its recognized
equivalent, and at least 1 recognized postsecondary credential.
(vii)
Helps an individual enter or advance within a specific occupation or
occupational cluster.
(c) Department
means the department of talent
and economic development.labor and economic opportunity.
(d) Eligible adult education
provider means a district, intermediate district, a consortium of districts, a
consortium of intermediate districts, or a consortium of districts and
intermediate districts that is identified as part of the local process
described in subsection (5)(c) and approved by the department.
Sec. 147. (1) The allocation for 2018-2019 2019-2020 for the
public school employees retirement system pursuant to the public school
employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437, shall be is made using the individual
projected benefit entry age normal cost method of valuation and risk
assumptions adopted by the public school employees retirement board and the
department of technology, management, and budget.
(2) The annual level percentage
of payroll contribution rates for the 2018-2019 2019-2020 fiscal year, as determined by the
retirement system, are estimated as follows:
(a) For public school employees
who first worked for a public school reporting unit before July 1, 2010 and who
are enrolled in the health premium subsidy, the annual level percentage of
payroll contribution rate is estimated at 38.39%, 39.91%, with 26.18% 27.50% paid directly by the employer.
(b) For public school employees
who first worked for a public school reporting unit on or after July 1, 2010
and who are enrolled in the health premium subsidy, the annual level percentage
of payroll contribution rate is estimated at 36.60%, 36.96%, with 24.39% 24.55% paid directly by the employer.
(c) For public school employees
who first worked for a public school reporting unit on or after July 1, 2010
and who participate in the personal healthcare fund, the annual level
percentage of payroll contribution rate is estimated at 36.24%, 36.44%, with 24.03%
paid directly by the employer.
(d) For
public school employees who first worked for a public school reporting unit on
or after September 4, 2012, who elect defined
contribution, and who participate in the personal healthcare fund, the annual
level percentage of payroll contribution rate is estimated at 33.17%, 33.37% with 20.96% paid
directly by the employer.
(e) For public school employees who
first worked for a public school reporting unit before July 1, 2010, who elect
defined contribution, and who are enrolled in the health premium subsidy, the
annual level percentage of payroll contribution rate is estimated at 33.53%, 33.89% with 21.32% 21.48% paid directly by
the employer.
(f) For public school employees
who first worked for a public school reporting unit before July 1, 2010, who elect defined contribution, and who
participate in the personal healthcare fund, the annual level percentage
of payroll contribution rate is estimated at 33.17%, 33.37%, with 20.96% paid directly by the
employer.
(g) For public school employees
who first worked for a public school reporting unit before July 1, 2010 and who
participate in the personal healthcare fund, the annual level percentage of
payroll contribution rate is estimated at 38.03%, 39.39%, with 25.82% 26.98% paid directly by the employer.
(h) For public school employees
who first worked for a public school reporting unit after January 31, 2018 and
who elect to become members of the MPSERS plan, the annual level percentage of
payroll contribution rate is estimated at 39.37%, 39.57% with 27.16% paid directly by the
employer.
(3) In addition to the employer
payments described in subsection (2), the employer shall pay the applicable
contributions to the Tier 2 plan, as determined by the public school employees
retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437.
(4) The contribution rates in
subsection (2) reflect an amortization period of 20 19 years for 2018-2019. 2019-2020. The public school employees
retirement system board shall notify each district and intermediate district by
February 28 of each fiscal year of the estimated contribution rate for the next
fiscal year.
Sec. 147a. (1) From the
appropriation in section 11, there is allocated for 2018-2019 2019-2020 an amount not to exceed
$100,000,000.00 for payments to participating districts. A participating
district that receives money under this subsection shall use that money solely
for the purpose of offsetting a portion of the retirement contributions owed by
the district for the fiscal year in which it is received. The amount allocated
to each participating district under this subsection shall be is based on each participating district s percentage
of the total statewide payroll for all participating districts for the
immediately preceding fiscal year. As used in this subsection, participating
district means a district 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.
(2) In addition to the allocation
under subsection (1), from the state school aid fund money appropriated under
section 11, there is allocated an amount not to exceed $88,091,000.00 for 2018-2019 $171,986,000.00 for 2019-2020 for
payments to participating districts and intermediate districts and from the
general fund money appropriated under section 11, there is allocated an amount
not to exceed $48,000.00 for
2018-2019 $83,000.00
for 2019-2020 for payments to participating district libraries.
The amount allocated to each participating entity under this subsection shall be is based on each
participating entity s percentage of the total statewide payroll for that type
of participating entity for the immediately preceding fiscal year. A
participating entity that receives money under this subsection shall use that
money solely for the purpose of offsetting a portion of the normal cost
contribution rate. As used in this subsection:
(a) District library means a
district library established under the district library establishment act, 1989
PA 24, MCL 397.171 to 397.196.
(b) Participating entity means
a district, intermediate district, or 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.
Sec. 147c. From the appropriation
in section 11, there is allocated for 2018-2019 2019-2020 an amount not to exceed $1,032,000,000.00 $1,030,400,000.00 from
the state school aid fund for payments to districts and intermediate districts
that are participating entities of the Michigan public school employees
retirement system. In addition, from the
general fund money appropriated in section 11, there is allocated for 2018-2019 2019-2020 an amount not
to exceed $700,000.00 $500,000.00 for
payments to district libraries that are participating entities of the Michigan
public school employees retirement system. All of the following apply to
funding under this subsection:
(a) For 2018-2019, 2019-2020, the amounts allocated under this
subsection are estimated to provide an average MPSERS rate cap per pupil amount
of $690.00 $693.00 and are
estimated to provide a rate cap per pupil for districts ranging between $4.00
and $3,000.00.$4,000.00.
(b) Payments
made under this subsection shall
be are equal
to the difference between the unfunded actuarial accrued liability contribution
rate as calculated pursuant to 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.
(c) The amount allocated to each
participating entity under this subsection shall be is based on each participating entity s
proportion of the total covered payroll for the immediately preceding fiscal
year for the same type of participating entities. A participating entity that
receives funds under this subsection shall use the funds solely for the purpose
of retirement contributions as specified in subdivision (d).
(d) Each participating entity
receiving funds under this subsection shall forward an amount equal to the amount allocated under subdivision (c) to the
retirement system in a form, manner, and time frame determined by the
retirement system.
(e) Funds allocated under this
subsection should be considered when comparing a district s growth in total
state aid funding from 1 fiscal year to the next.
(f) Not later than December 20, 2018, 2019, the department
shall publish and post on its website an estimated MPSERS rate cap per pupil
for each district.
(g) It is the intent of the legislature that any The office of retirement service
shall first apply funds allocated under this subsection are first applied to
pension contributions , and, if any funds remain
after that payment, shall apply
those remaining funds shall be applied to other postemployment
benefit contributions.
(h) As used in this subsection:
(i)
District library means a district library established under the district
library establishment act, 1989 PA 24, MCL 397.171 to 397.196.
(ii)
MPSERS rate cap per pupil means an amount equal to the quotient of the
district s payment under this subsection divided by the district s pupils in
membership.
(iii)
Participating entity means a district, intermediate district, or 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.
(iv)
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.
(v)
Retirement system means 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. 147e. (1) From the
appropriation in section 11, there is allocated for 2018-2019 an amount not to
exceed $31,900,000.00 $30,000,000.00 from the
MPSERS retirement obligation reform reserve fund, and there is allocated for 2019-2020 an amount not to
exceed $1,900,000.00 from the MPSERS retirement obligation reform reserve fund
and $5,700,000.00 $40,671,000.00 from the
state school aid fund for payments to participating entities.
(2) The payment to each
participating entity under this section shall be is the sum of the amounts under this
subsection as follows:
(a) An amount equal to the
contributions made by a participating entity for the additional contribution
made to a qualified participant s Tier 2 account in an amount equal to the
contribution made by the qualified participant not to exceed 3% of the
qualified participant s compensation as provided for under section 131(6) of
the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1431.
(b) Beginning October 1, 2017, an
amount equal to the contributions made by a participating entity for a qualified participant who is only a Tier 2
qualified participant under section 81d of the public school employees retirement
act of 1979, 1980 PA 300, MCL 38.1381d, not to exceed 4%, and, beginning
February 1, 2018, not to exceed 1%, of the qualified participant s
compensation.
(c) An amount equal to the
increase in employer normal cost contributions under section 41b(2) of the
public school employees retirement act of 1979, 1980 PA 300, MCL 38.1341b, for
a member that was hired after February 1, 2018 and chose to participate in Tier
1, compared to the employer normal cost contribution for a member under section
41b(1) of the public school employees retirement act of 1979, 1980 PA 300, MCL
38.1341b.
(3) As used in this section:
(a) Member means that term as
defined under the public school employees retirement act of 1979, 1980 PA 300,
MCL 38.1301 to 38.1437.
(b) Participating entity means
a district, intermediate district, or community college 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.
(c) Qualified participant means
that term as defined under section 124 of the public school employees
retirement act of 1979, 1980 PA 300, MCL 38.1424.
Sec. 152a. (1) As required by the
court in the consolidated cases known as Adair
v State of Michigan, 486 Mich
468 (2010), from the state school aid fund money appropriated in section 11,
there is allocated for 2018-2019
2019-2020 an
amount not to exceed $38,000,500.00 to be used solely for the purpose of paying
necessary costs related to the state-mandated collection, maintenance, and
reporting of data to this state.
(2) From the allocation in
subsection (1), the department shall make payments to districts and
intermediate districts in an equal amount per-pupil based on the total number
of pupils in membership in each district and intermediate district. The
department shall not make any adjustment to these payments after the final
installment payment under section 17b is made.
Sec. 152b. (1) From the general
fund money appropriated under section 11, there is allocated an amount not to exceed
$2,500,000.00 for 2017-2018 and an amount not to exceed
$250,000.00 each fiscal year for
2018-2019 and for 2019-2020 to
reimburse actual costs incurred by nonpublic schools in complying with a
health, safety, or welfare requirement mandated by a law or administrative rule
of this state.
(2) By January 1 of each
applicable fiscal year, the department shall publish a form for reporting
actual costs incurred by a nonpublic school in complying with a health, safety,
or welfare requirement mandated under state law containing each health, safety,
or welfare requirement mandated by a law or administrative rule of this state
applicable to a nonpublic school and with a reference to each relevant
provision of law or administrative rule for the requirement. The department shall post the form
shall be posted on
the department s website in electronic form.
(3) By June 30 of each applicable
fiscal year, a nonpublic school seeking reimbursement for actual costs incurred
in complying with a health, safety, or welfare requirement under a law or
administrative rule of this state during each applicable school year shall
submit a completed form described in subsection (2) to the department. This
section does not require a nonpublic school to submit a form described in
subsection (2). A nonpublic school is not eligible for reimbursement under this
section if the nonpublic school does not submit the form described in
subsection (2) in a timely manner.
(4) By August 15 of each
applicable fiscal year, the department shall distribute funds to each nonpublic
school that submits a completed form described under subsection (2) in a timely
manner. The superintendent shall determine the amount of funds to be paid to
each nonpublic school in an amount that does not exceed the nonpublic school s
actual costs in complying with a health, safety, or welfare requirement under a
law or administrative rule of this state. The superintendent shall calculate a
nonpublic school s actual cost in accordance with this section.
(5) If the funds allocated under
this section are insufficient to fully fund payments as otherwise calculated
under this section, the department shall distribute funds under this section on
a prorated or other equitable basis as determined by the superintendent.
(6) The department may review the
records of a nonpublic school submitting a form described in subsection (2)
only for the limited purpose of verifying the nonpublic school s compliance
with this section. If a nonpublic school does not allow the department to
review records under this subsection, the nonpublic school is not eligible for
reimbursement under this section.
(7) The funds appropriated under
this section are for purposes related to education, are considered to be
incidental to the operation of a nonpublic school, are noninstructional in
character, and are intended for the public purpose of ensuring the health,
safety, and welfare of the children in nonpublic schools and to reimburse
nonpublic schools for costs described in this section.
(8) Funds allocated under this
section are not intended to aid or maintain any nonpublic school, support the
attendance of any student at a nonpublic school, employ any person at a
nonpublic school, support the attendance of any student at any location where
instruction is offered to a nonpublic school student, or support the employment
of any person at any location where instruction is offered to a nonpublic
school student.
(9) For purposes of this section,
actual cost means the hourly wage for the employee or employees performing a
task or tasks required to comply with a health, safety, or welfare requirement
under a law or administrative rule of this state identified by the department
under subsection (2) and is to be calculated in accordance with the form
published by the department under subsection (2), which shall include a
detailed itemization of costs. The nonpublic school shall not charge more than
the hourly wage of its lowest-paid employee capable of performing a specific
task regardless of whether that individual is available and regardless of who
actually performs a specific task. Labor costs under this subsection shall must be estimated and
charged in increments of 15 minutes or more, with all partial time increments
rounded down. When calculating costs under subsection (4), fee components shall must be itemized in a
manner that expresses both the hourly wage and the number of hours charged. The
nonpublic school may not charge any applicable labor charge amount to cover or
partially cover the cost of health or fringe benefits. A nonpublic school shall
not charge any overtime wages in the calculation of labor costs.
(10) For the purposes of this
section, the actual cost incurred by a nonpublic school for taking daily
student attendance shall be is considered an actual
cost in complying with a health, safety, or welfare requirement under a law or
administrative rule of this state. Training fees, inspection fees, and criminal
background check fees are considered actual costs in complying with a health,
safety, or welfare requirement under a law or administrative rule of this
state.
(11) The funds allocated under
this section for 2017-2018 are a work project appropriation, and any unexpended
funds for 2017-2018 are carried forward into 2018-2019. The purpose of the work
project is to continue to reimburse nonpublic schools for actual costs incurred
in complying with a health, safety, or welfare requirement mandated by a law or
administrative rule of this state. The estimated completion date of the work
project is September 30, 2020.2021.
(12) The funds allocated under
this section for 2018-2019 are a work project appropriation, and any unexpended
funds for 2018-2019 are carried forward into 2019-2020. The purpose of the work
project is to continue to reimburse nonpublic schools for actual costs incurred
in complying with a health, safety, or welfare requirement mandated by a law or
administrative rule of this state. The estimated completion date of the work
project is September 30, 2020.2021.
(13) The funds allocated under
this section for 2019-2020 are a work project appropriation, and any unexpended
funds for 2019-2020 are carried forward into 2020-2021. The purpose of the work
project is to continue to reimburse nonpublic schools for actual costs incurred
in complying with a health, safety, or welfare requirement mandated by a law or
administrative rule of this state. The estimated completion date of the work
project is September 30, 2021.
Sec. 160. If a district or
intermediate district requests the superintendent to grant a waiver for the
district or intermediate district from the requirements of section 1284b of the
revised school code, MCL 380.1284b, that district or intermediate district
shall use a portion of its funding under this article to conduct a joint public hearing
with the department to
be held before the waiver is granted at a location within the district or intermediate
district. The department may
participate in a hearing held under this section at its discretion.
Sec. 166. (1) The governing
board of a district or intermediate district shall adopt and implement a
disciplinary policy as
described in subsection (2) to provide penalties for violations of section 1507
of the revised school code, MCL 380.1507, and penalties for a
school official, member of a governing board, or employee of the district or intermediate
district, or other person
who refers a pupil for an abortion or assists a pupil in obtaining an abortion and who is not the parent or legal
guardian of that pupil. A district or intermediate district that fails to adopt a
policy required under this section within 3 years after the effective date of
the 2016 amendments to this section shall forfeit from its total state school
aid an amount equal to $100,000.00.
(2) A disciplinary policy required
under subsection (1) shall provide for a financial penalty to be applied
against an individual employed by the district or intermediate district who
violates the policy under subsection (1) that is equivalent to not less than 3%
of that individual s annual compensation.
(3) A district or intermediate
district that applies a financial penalty against or collects a fine from an
individual as provided under subsection (2) shall refund to the state school
aid fund an amount of money equal to the amount of the penalty or fine.
Sec. 166a. (1) In order to avoid
forfeiture of state aid under subsection (2), the board of a district or
intermediate district providing reproductive health or other sex education
instruction under section 1169, 1506, or 1507 of the revised school code, MCL
380.1169, 380.1506, and 380.1507, or under any other provision of law, shall
ensure that all of the following are met:
(a) That the district or
intermediate district does not provide any of the instruction to a pupil who is
less than 18 years of age unless the district or intermediate district notifies
the pupil s parent or legal guardian in advance of the instruction and the
content of the instruction, gives the pupil s parent or legal guardian a prior
opportunity to review the materials to be used in the instruction, allows the
pupil s parent or legal guardian to observe the instruction, and notifies the
pupil s parent or legal guardian in advance of his or her rights to observe the
instruction and to have the pupil excused from the instruction.
(b) That, upon the written
request of a pupil s parent or legal guardian or of a pupil if the pupil is at
least age 18, the pupil shall
be is excused,
without penalty or loss of academic credit, from attending class sessions in
which the instruction is provided.
(c) That the sex education
instruction includes age-appropriate information clearly informing pupils at 1 or
more age-appropriate grade levels that having sex or sexual contact with an
individual under the age of 16 is a crime punishable by imprisonment, and
that 1 of the other results of being convicted of this crime is to be listed on
the sex offender registry on the internet for up to 25 years.
(d) That the district or
intermediate district has adopted and implemented a disciplinary policy as
required under section 166.
(2) If a parent or legal guardian
of a pupil enrolled in a district or intermediate district believes that the
district or intermediate district has violated this section, section 166, or
section 1169, 1506, or 1507 of the revised school code, MCL 380.1169, 380.1506,
and 380.1507, he or she may file a complaint with the superintendent or chief
administrator of the district or intermediate district in which the pupil is
enrolled. Upon receipt of the complaint, the superintendent or chief
administrator of the district or intermediate district shall investigate the complaint
and, within 30 days after the date of the complaint, provide a written report
of his or her findings to the parent or legal guardian who filed the complaint
and to the superintendent of public instruction. If the investigation reveals
that 1 or more violations have occurred, the written report shall must contain a
description of each violation and of corrective action the district or
intermediate district will take to correct the situation to ensure that there
is no further violation. The district or intermediate district shall take the
corrective action described in the written report within 30 days after the date
of the written report.
(3) If a parent who has filed a
complaint with a district under subsection (2) believes that the district is
still not in compliance with law based on the findings made by the
superintendent or chief administrator of the district, the parent may appeal
the findings to the intermediate district in which the district is located. If
there is an appeal to an intermediate district under this subsection, the
intermediate superintendent of the intermediate district shall investigate the
complaint and, within 30 days after the date of the appeal, provide a written
report of his or her findings to the parent or legal guardian who filed the
appeal and to the superintendent of public instruction. If the investigation by
the intermediate superintendent reveals that 1 or more violations have
occurred, the intermediate superintendent in consultation with the local
district shall develop a plan for corrective action for the district to take to
correct the situation to ensure that there is no further violation, and shall
include this plan for corrective action with the written report provided to the
parent or legal guardian and the superintendent of public instruction. The
district shall take the corrective action described in the plan within 30 days
after the date of the written report.
(4) If a parent who has filed a
complaint with an intermediate district under subsection (2) or a parent who
has filed an appeal with an intermediate district under subsection (3) believes
that the district or intermediate district is still not in compliance with law
based on the findings made by the intermediate superintendent of the
intermediate district, the parent may appeal the findings to the department. If
there is an appeal to the department under this subsection, the department
shall investigate the complaint and, within 90 days after the date of the
appeal, provide a written report of its findings to the parent or legal
guardian who filed the appeal, to the superintendent of public instruction, and
to the district and intermediate district. If the department finds 1 or more
violations as a result of its investigation, then all of the following apply:
(a) The department shall develop
a plan for corrective action for the district or intermediate district to take
to correct the situation to ensure that there is no further violation, and
shall include this plan for corrective action with the written report provided
to the parent or legal guardian, the superintendent of public instruction, and
the district or intermediate district. The district or intermediate district
shall take the corrective action described in the plan within 30 days after the
date of the written report.
(b) In addition to withholding
the percentage of state school aid forfeited by the district or intermediate
district under subsection (5), the department may assess a fee to the district
or intermediate district that committed the violation in an amount not to
exceed the actual cost to the department of conducting the investigation and
making the reports required under this subsection.
(5) If an
investigation conducted by the department under subsection (4) reveals that a
district or intermediate district has committed 1 or more
violations of this section,
section 166, or section 1169, 1506, or 1507 of the revised school
code, MCL 380.1169, 380.1506, and 380.1507, the district or intermediate
district shall forfeit forfeits an amount equal
to 1% of its total state school aid allocation under this act.
(6) The
department, with the approval of the superintendent of public instruction,
shall establish a reasonable
process for a complainant to appeal to the department under subsection (4). The
department shall ensure that
the process shall
does not
place an undue burden on the complainant, the district or intermediate
district, or the department.
(7) The department shall track the
number of complaints and appeals it receives under this section for the
2004-2005 school year and, not later than the end of that school year, shall
submit a report to the standing committees and appropriations subcommittees of
the legislature having jurisdiction over education legislation and state school
aid that details the number and nature of those complaints and appeals and the
cost to the department of handling them.
Sec. 166b. (1) This act does not
prohibit a parent or legal guardian of a minor who is enrolled in any of grades
kindergarten to 12 in a nonpublic school or who is being home-schooled from
also enrolling the minor in a district, public school academy, or intermediate
district in any curricular offering that is provided by the district, public
school academy, or intermediate district at a public school site, or that is an online course
published in the district s course catalog under section 21f, and
that is available offered to pupils in
the minor s grade level or age group, subject to compliance with the same
requirements that apply to a full-time pupil s participation in the offering.
However, state school aid shall
be is provided
under this act for a minor enrolled as described in this subsection only for a
curricular offering that is restricted to nonessential elective courses and that is available offered to full-time
pupils in the minor s grade level or age group. For the purposes of this
subsection, a curricular offering includes optional experiences associated with
the curricular offering.
(2) This act does not prohibit a
parent or legal guardian of a minor who is enrolled in any of grades
kindergarten to 12 in a nonpublic school or who resides within a district and
is being home-schooled from also enrolling the minor in the district in any
nonessential elective curricular offering that is being provided by the district at a
nonpublic school site,
or that is
provided by the district, a public school academy, or an intermediate district
at a public school site, and that is available offered to pupils in the minor s grade level
or age group, subject to compliance with the same requirements that apply to a
full-time pupil s participation in the offering. For the purposes of this
subsection, a curricular offering includes optional experiences associated with
the curricular offering. State school aid shall be is provided under this act for a minor
enrolled as described in this subsection only if all of the following apply:
(a) Either of the following:
(i) The nonpublic school site is located, or the nonpublic students
are educated, within the geographic boundaries of the district.
(ii) If the nonpublic school has submitted a written request to the
district in which the nonpublic school is located for the district to provide
certain instruction under this subsection for a school year and the district
does not agree to provide some or all of that instruction by May 1 immediately
preceding that school year or, if the request is submitted after March 1
immediately preceding that school year, within 60 days after the nonpublic
school submits the request, the instruction is instead provided by an eligible
other district. This subparagraph does not require a nonpublic school to submit
more than 1 request to the district in which the nonpublic school is located
for that district to provide instruction under this subsection, and does not
require a nonpublic school to submit an additional request to the district in
which the nonpublic school is located for that district to provide additional
instruction under this subsection beyond the instruction requested in the
original request, before having the instruction provided by an eligible other
district. A public school academy that is located in the district in which the
nonpublic school is located or in an eligible other district also may provide
instruction under this subparagraph under the same conditions as an eligible
other district. As used in this subparagraph, eligible other district means a
district that is located in the same intermediate district as the district in
which the nonpublic school is located or is located in an intermediate district
that is contiguous to that intermediate district.
(b) The nonpublic school is
registered with the department as a nonpublic school and meets all state
reporting requirements for nonpublic schools.
(c) The instruction is provided
directly by a certified teacher of the district, public school academy, or
intermediate district.
(d) The curricular offering is
also available offered to full-time
pupils in the minor s grade level or age group in the district or public school
academy at a public school site
or through an online course published in the district s course catalog under
section 21f.
(e) The curricular offering is
restricted to nonessential elective courses for pupils in grades kindergarten
to 12.
(f) The district ensures that all
individuals that have contact with pupils as part of a course provided to
pupils enrolled in the district under this section 166b and counted in membership under section
6 have not been convicted of sexual misconduct.
(g) The district ensures that an
individual who provides direct or indirect curricular offerings to pupils as
part of an optional or required course provided to pupils enrolled in the
district under this section
166b and
counted in membership under section 6, or who has unsupervised contact with
pupils as part of such a course, is subject to the requirements under sections
1230, 1230a, 1230b, 1230c, 1230d, 1230e, and 1230g of the revised school code,
MCL 380.1230, 380.1230a, 380.1230b, 380.1230c, 380.1230d, 380.1230e, and
380.1230g, as if the individual is offered full-time or part-time employment in
the district, is an employee of the
district, or is assigned to regularly and continuously work under contract in
any of its schools, as applicable.
(h) The district ensures that
each optional experience associated with a course provided to pupils enrolled
in the district under this section
166b and
counted in membership under section 6 is offered on a schedule that ensures
that the experience is available
offered to
the majority of full-time pupils in membership in the district in the same
grade level or age group as pupils participating in the course and enrolled in
the district under this section. 166b.Subject to the requirements under
section 21f, if a pupil enrolled in the district requests to participate in a
curricular offering that is offered through an online course published in the
district s course catalog under section 21f, the pupil must be given the
opportunity to participate in the curricular offering.
(i) The district provides the
department information necessary to quantify all of the following, in a form
and manner prescribed by the department in conjunction with the center:
(i) A complete listing of all courses provided to pupils counted in
membership in the district.
(ii) Course enrollments by each participant using local coding and
the school codes for the exchange of data (SCED).
(iii) Identification of each course teacher or mentor.
(3) A nonessential course in
grades 1 to 8 is a course other than a mathematics, science, social studies,
and English language arts course required by the district for grade
progression. Nonessential courses in grades 9 to
12 are those other than algebra 1, algebra 2, English 9-12, geometry, biology,
chemistry, physics, economics, geography, American history, world
history, the Constitution, government, and civics, or courses that fulfill the
same credit requirement as these courses. Nonessential elective courses include
courses offered by the local district for high school credit that are also
capable of generating postsecondary credit, including, at least, advanced placement and international
baccalaureate courses. College level courses taken by high school
students for college credit are nonessential courses. Remedial courses for any
grade in the above-listed essential courses are considered essential.
Kindergarten is considered nonessential.
(4) Subject to section 6(4)(ii), 6(4)(ii), a minor
enrolled as described in this section is a part-time pupil for purposes of
state school aid under this act.
(5) A district that receives a
written request to provide instruction under subsection (2) shall reply to the
request in writing by May 1 immediately preceding the applicable school year
or, if the request is made after March 1 immediately preceding that school
year, within 60 days after the nonpublic school submits the request. The
written reply shall must specify whether
the district agrees to provide or does not agree to provide the instruction for
each portion of instruction included in the request.
(6) For the purposes of this
section, a curricular offering is considered to have been offered to full-time
pupils enrolled in a district, public school academy, or intermediate district
if both of the following are met:
(a) Either of the following:
(i) The
curricular offering is included in a course list posted on the district s,
public school academy s, or
intermediate district s website.
(ii) The curricular offering is
included in a written publication provided to the parents or legal guardians of
pupils.
(b) The district, public school
academy, or intermediate district provides written notification to the parents
and legal guardians of pupils that a pupil who requests to participate in the
curricular offering will be given the opportunity to participate, subject to
applicable general eligibility requirements.
Enacting section 1. In accordance
with section 30 of article IX of the state constitution of 1963, total state
spending on school aid under article I of the state school aid act of 1979,
1979 PA 94, MCL 388.1601 to 388.1772, as amended by 2018 PA 265, 2018 PA 586,
and this amendatory act, from state sources for fiscal year 2018-2019 is
estimated at $13,065,260,300.00 and state appropriations for school aid to be
paid to local units of government for fiscal year 2018-2019 are estimated at
$12,833,016,000.00. In accordance with section 30 of article IX of the state
constitution of 1963, total state spending on school aid under article I of the
state school aid act of 1979, 1979 PA 94, MCL 388.1601 to 388.1772, as amended
by this amendatory act, from state sources for fiscal year 2019-2020 is
estimated at $13,455,765,100.00 and state appropriations for school aid to be paid to local units of
government for fiscal year 2019-2020 are estimated at $13,214,215,300.00.
Enacting section 2. Sections 20m,
22n, 24c, 25h, 32q, 61g, 61h, 64b, 99y, 104f, and 153 of the state school aid
act of 1979, 1979 PA 94, MCL 388.1620m, 388.1622n, 388.1624c, 388.1625h,
388.1632q, 388.1661g, 388.1661h, 388.1664b, 388.1699y, 388.1704f, and 388.1753,
are repealed effective October 1, 2019.
Enacting section 3. (1) Except as
otherwise provided in subsection (2), this amendatory act takes effect October
1, 2019.
(2) Sections 11, 11m, 15, 22a,
22b, 26a, 26b, 26c, 51a, 51c, 56, 62, 74a, 95a, 147e, and 152b of the state
school aid act of 1979, MCL 388.1611, 388.1611m, 388.1615, 388.1622a,
388.1622b, 388.1626a, 388.1626b, 388.1626c, 388.1651a, 388.1651c, 388.1656,
388.1662, 388.1674a, 388.1695a, 388.1747e, and 388.1752b, as amended by this
amendatory act, take effect upon enactment of this amendatory act.
Third: That the House and Senate
agree to the title of the bill to read as follows:
A bill to amend 1979 PA 94,
entitled An act to make appropriations to aid in the support of the public
schools, the intermediate school districts, community colleges, and public
universities of the state; to make appropriations for certain other purposes
relating to education; to provide for the disbursement of the appropriations;
to authorize the issuance of certain bonds and provide for the security of
those bonds; to prescribe the powers and duties of certain state departments,
the state board of education, and certain other boards and officials; to create
certain funds and provide for their expenditure; to prescribe penalties; and to
repeal acts and parts of acts by amending sections 4, 6, 8b, 11, 11a, 11j,
11k, 11m, 11s, 15, 18, 20, 20d, 20f, 21h, 22a, 22b, 22d, 22m, 22p, 24, 24a,
25e, 25f, 25g, 26a, 26b, 26c, 31a, 31b, 31d, 31f, 31j, 31n, 32d, 32p, 35a, 35b,
39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54b, 54d, 55, 56, 61a, 61b, 61c, 61d, 61f,
62, 64d, 65, 67, 74, 74a, 81, 94, 94a, 95a, 95b, 98, 99h, 99s, 99t, 99u, 99v,
99w, 99x, 101, 102d, 104, 104c, 104d, 107, 147, 147a, 147c, 147e, 152a, 152b,
160, 166, 166a, and 166b (MCL 388.1604, 388.1606, 388.1608b, 388.1611,
388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611s, 388.1615, 388.1618,
388.1620, 388.1620d, 388.1620f, 388.1621h, 388.1622a, 388.1622b, 388.1622d,
388.1622m, 388.1622p, 388.1624, 388.1624a, 388.1625e, 388.1625f, 388.1625g,
388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631b, 388.1631d, 388.1631f,
388.1631j, 388.1631n, 388.1632d, 388.1632p, 388.1635a, 388.1635b, 388.1639,
388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654,
388.1654b, 388.1654d, 388.1655, 388.1656, 388.1661a, 388.1661b, 388.1661c,
388.1661d, 388.1661f, 388.1662, 388.1664d, 388.1665, 388.1667, 388.1674,
388.1674a, 388.1681, 388.1694, 388.1694a, 388.1695a, 388.1695b, 388.1698,
388.1699h, 388.1699s, 388.1699t, 388.1699u, 388.1699v, 388.1699w, 388.1699x,
388.1701, 388.1702d, 388.1704, 388.1704c, 388.1704d, 388.1707, 388.1747,
388.1747a, 388.1747c, 388.1747e, 388.1752a, 388.1752b, 388.1760, 388.1766,
388.1766a, and 388.1766b), sections 4 and 8b as amended and section 160 as
added by 2017 PA 108, sections 6, 11, 18, 31a, 31j, 32d, 35a, 35b, 39a, 99h,
and 99u as amended and sections 31n, 61f, 74a, 99w, and 99x as added by 2018 PA
586, sections 11a, 11j, 11k, 11m, 11s, 15, 20, 20d, 20f, 21h, 22a, 22b, 22d,
22m, 24, 24a, 25e, 25f, 25g, 26a, 26b, 26c, 31b, 31d, 31f, 32p, 39, 41, 51a,
51c, 51d, 53a, 54, 54b, 55, 56, 61a, 61b, 61c, 62, 64d, 65, 67, 74, 81, 94,
94a, 95b, 98, 99s, 99t, 102d, 104, 104c, 104d, 107, 147, 147a, 147c, 147e,
152a, 152b, and 166b as amended and sections 22p, 54d, 61d, and 99v as added by
2018 PA 265, section 95a as amended by 2015 PA 85, section 101 as amended by
2019 PA 11, section 166 as amended by 2016 PA 249, and section 166a as amended
by 2004 PA 166, and by adding sections 28, 35c, 35d, 51f, 54e, 67a, 67b, 97,
97a, 99z, and 99bb; and to repeal acts and parts of acts.
Aaron
Miller
Pamela
Hornberger
Conferees
for the House
Wayne
Schmidt
Jim
Stamas
Conferees
for the Senate
Reports of Standing Committees
The Committee on Transportation,
by Rep. O Malley, Chair, referred
House Bill No. 4395, entitled
A bill to amend 1949 PA 300,
entitled Michigan vehicle code, by amending section 636 (MCL 257.636), as
amended by 2018 PA 279.
to the Committee on Ways and
Means.
Favorable Roll
Call
To Refer:
Yeas: Reps. O Malley, Eisen,
Cole, Sheppard, Alexander, Bellino, Howell, Afendoulis, Sneller, Clemente,
Yancey, Haadsma and Shannon
Nays: None
The bill was referred to the
Committee on Ways and Means.
COMMITTEE ATTENDANCE REPORT
The following report, submitted
by Rep. O Malley, Chair, of the Committee on Transportation, was received and
read:
Meeting held on: Tuesday,
September 17, 2019
Present:
Reps. O Malley, Eisen, Cole, Sheppard, Alexander, Bellino, Howell, Afendoulis,
Sneller, Clemente, Yancey, Haadsma and Shannon
The Committee on Natural Resources and
Outdoor Recreation, by Rep. Howell, Chair, referred
House Bill No. 4735, entitled
A bill to amend 1994 PA 451,
entitled Natural resources and environmental protection act, by amending
section 40118 (MCL 324.40118), as amended by 2017 PA 124.
to the Committee on Judiciary.
Favorable Roll
Call
To Refer:
Yeas: Reps. Howell, Wakeman, Eisen,
Sowerby, Cambensy and Pohutsky
Nays: Reps. Calley, Reilly and
Rendon
The bill was referred to the
Committee on Judiciary.
The Committee on Natural
Resources and Outdoor Recreation, by Rep. Howell, Chair, referred
House Bill No. 4736, entitled
A bill to amend 1976 PA 442,
entitled Freedom of information act, by amending section 5 (MCL 15.235), as
amended by 2018 PA 105.
to the Committee on Judiciary.
Favorable Roll
Call
To Refer:
Yeas: Reps. Howell, Wakeman,
Eisen, Sowerby, Cambensy and Pohutsky
Nays: Reps. Calley, Reilly and
Rendon
The bill was referred to the
Committee on Judiciary.
The Committee on Natural
Resources and Outdoor Recreation, by Rep. Howell, Chair, referred
House Bill No. 4737, entitled
A bill to amend 1927 PA 175, entitled
The code of criminal procedure, by amending section 13e (MCL 777.13e), as
amended by 2015 PA 189.
to the Committee on Judiciary.
Favorable Roll
Call
To Refer:
Yeas: Reps. Howell, Wakeman,
Eisen, Sowerby, Cambensy and Pohutsky
Nays: Reps. Calley, Reilly and
Rendon
The bill was referred to the
Committee on Judiciary.
COMMITTEE ATTENDANCE REPORT
The following report, submitted
by Rep. Howell, Chair, of the Committee on Natural Resources and Outdoor
Recreation, was received and read:
Meeting held on: Tuesday,
September 17, 2019
Present: Reps. Howell, Wakeman,
Calley, Reilly, Rendon, Eisen, Sowerby, Cambensy and Pohutsky
The Committee on Regulatory
Reform, by Rep. Webber, Chair, referred
House Bill No. 4916, entitled
A bill to create the sports
betting act; to impose requirements for persons to engage in sports betting; to
provide for the powers and duties of state governmental officers and entities;
to impose fees; to impose a tax on the conduct of licensed sports betting; to
prohibit certain acts in relation to sports betting and to prescribe penalties
for those violations; to require the promulgation of rules; and to provide
remedies.
to the Committee on Ways and
Means.
Favorable Roll
Call
To Refer:
Yeas: Reps. Webber, Berman, Crawford,
Farrington, Frederick, Hoitenga, Filler, Hall, Wendzel, Chirkun and Garza
Nays: Reps. Liberati and Robinson
The bill was referred to the
Committee on Ways and Means.
The Committee on Regulatory
Reform, by Rep. Webber, Chair, referred
House Bill No. 4917, entitled
A bill to amend 1931 PA 328,
entitled The Michigan penal code, (MCL 750.1 to 750.568) by adding section
310d.
to the Committee on Ways and
Means.
Favorable Roll
Call
To Refer:
Yeas: Reps. Webber, Berman,
Crawford, Farrington, Frederick, Hoitenga, Filler, Hall, Wendzel, Chirkun,
Cambensy and Garza
Nays: Reps. Liberati and Robinson
The bill was referred to the
Committee on Ways and Means.
The Committee on Regulatory
Reform, by Rep. Webber, Chair, referred
House Bill No. 4918, entitled
A bill to amend 1927 PA 175,
entitled The code of criminal procedure, by amending section 14d of chapter
XVII (MCL 777.14d), as amended by 2016 PA 272.
to the Committee on Ways and
Means.
Favorable Roll
Call
To Refer:
Yeas: Reps. Webber, Berman,
Crawford, Farrington, Frederick, Hoitenga, Filler, Hall, Wendzel, Chirkun,
Cambensy and Garza
Nays: Reps. Liberati and Robinson
The bill was referred to the
Committee on Ways and Means .
COMMITTEE ATTENDANCE REPORT
The following report, submitted
by Rep. Webber, Chair, of the Committee on Regulatory Reform, was received and
read:
Meeting held on: Tuesday,
September 17, 2019
Present:
Reps. Webber, Berman, Crawford, Farrington, Frederick, Hoitenga, Filler, Hall,
Wendzel, Chirkun, Liberati, Cambensy, Jones, Garza
and Robinson
The Committee on Ways and Means,
by Rep. Iden, Chair, reported
House Bill No. 4406, entitled
A bill to
amend 2008 PA 525, entitled Fostering futures scholarship trust fund act, by
amending section 7b (MCL 722.1027b), as added by
2014 PA 530.
Without amendment and with the
recommendation that the bill pass.
The bill was referred to the
order of Second Reading of Bills.
Favorable Roll
Call
To Report Out:
Yeas: Reps. Iden, Lilly, Leutheuser,
Griffin, Hauck, Kahle, Wentworth, Warren, Neeley and Hertel
Nays: None
The Committee on Ways and Means,
by Rep. Iden, Chair, reported
House Bill No. 4710, entitled
A bill to amend 1978 PA 368,
entitled Public health code, by amending sections 16215, 16322, 16501, 16511,
16521, 16525, and 16529 (MCL 333.16215, 333.16322, 333.16501, 333.16511,
333.16521, 333.16525, and 333.16529), section 16215 as amended by 2005 PA 211,
sections 16322, 16501, 16525, and 16529 as added by 2006 PA 30, section 16511
as amended by 2006 PA 397, and section 16521 as amended by 2010 PA 79, and by
adding sections 16513, 16515, and 16517.
With the recommendation that the
substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were
referred to the order of Second Reading of Bills.
Favorable Roll
Call
To Report Out:
Yeas: Reps. Iden, Lilly,
Leutheuser, Griffin, Hauck, Kahle, Wentworth, Warren, Neeley and Hertel
Nays: None
The Committee on Ways and Means,
by Rep. Iden, Chair, reported
Senate Bill No. 228, entitled
A bill to create a suicide
prevention commission within the legislative council and to prescribe its
powers and duties; and to prescribe the powers and duties of certain state
officers and entities.
With the recommendation that the
substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were
referred to the order of Second Reading of Bills.
Favorable Roll
Call
To Report Out:
Yeas: Reps. Iden, Lilly,
Leutheuser, Griffin, Hauck, Kahle, Wentworth, Warren, Neeley and Hertel
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted
by Rep. Iden, Chair, of the Committee on Ways and Means, was received and read:
Meeting held on: Tuesday,
September 17, 2019
Present: Reps. Iden, Lilly, Leutheuser,
Griffin, Hauck, Kahle, Wentworth, Warren, Neeley and Hertel
Absent: Rep. Byrd
Excused: Rep. Byrd
COMMITTEE ATTENDANCE REPORT
The following report, submitted
by Rep. Hall, Chair, of the Committee on Oversight, was received and read:
Meeting held on: Thursday,
September 12, 2019
Present: Reps. Hall, Reilly,
Webber, Steven Johnson, LaFave, Schroeder, Cynthia Johnson, Camilleri and
LaGrand
COMMITTEE ATTENDANCE REPORT
The following report, submitted
by Rep. Sheppard, Chair, of the Committee on Government Operations, was
received and read:
Meeting held on: Tuesday,
September 17, 2019
Present: Reps. Sheppard, Cole,
Lilly and Rabhi
Absent: Rep. Greig
Excused: Rep. Greig
Messages from the Senate
A bill to amend 2007 PA 36,
entitled Michigan business tax act, by amending sections 117 and 500 (MCL
208.1117 and 208.1500), section 117 as amended by 2011 PA 292 and section 500
as amended by 2016 PA 426; and to repeal acts and parts of acts.
The Senate has passed the bill,
ordered that it be given immediate effect and pursuant to Joint Rule 20,
inserted the full title.
The House agreed to the full
title.
The bill was referred to the
Clerk for enrollment printing and presentation to the Governor.
A bill to amend 1967 PA 281,
entitled Income tax act of 1967, by amending section 680 (MCL 206.680), as
amended by 2012 PA 70.
The Senate has passed the bill,
ordered that it be given immediate effect and pursuant to Joint Rule 20,
inserted the full title.
The House agreed to the full
title.
The bill was referred to the
Clerk for enrollment printing and presentation to the Governor.
A bill to amend 1995 PA 24,
entitled Michigan economic growth authority act, by amending section 8 (MCL
207.808), as amended by 2009 PA 123.
The Senate has substituted (S-2)
the bill.
The Senate has passed the bill as
substituted (S-2), ordered that it be given immediate effect and pursuant to
Joint Rule 20, inserted the full title.
The Speaker announced that
pursuant to Rule 42, the bill was laid over one day.
A
bill to amend 1951 PA 51, entitled An act to provide for the classification of
all public roads, streets, and highways in this state, and for the revision of
that classification and for additions to and deletions from each
classification; to set up and establish the Michigan transportation fund; to
provide for the deposits in the Michigan transportation fund of specific taxes
on motor vehicles and motor vehicle fuels; to provide for the allocation of
funds from the Michigan transportation fund and the use and administration of
the fund for transportation purposes; to promote safe and efficient travel for
motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads,
streets, and highways; to set up and establish the truck safety fund; to provide
for the allocation of funds from the truck safety fund and administration of
the fund for truck safety purposes; to set up and establish the Michigan truck
safety commission; to establish certain standards for road contracts for
certain businesses; to provide for the continuing review of transportation
needs within the state; to authorize the state transportation commission,
counties, cities, and villages to borrow money, issue bonds, and make pledges
of funds for transportation purposes; to authorize counties to advance funds
for the payment of deficiencies necessary for the payment of bonds issued under
this act; to provide for the limitations, payment, retirement, and security of
the bonds and pledges; to provide for appropriations and tax levies by counties
and townships for county roads; to authorize contributions by townships for
county roads; to provide for the establishment and administration of the state
trunk line fund, local bridge fund, comprehensive transportation fund, and
certain other funds; to provide for the deposits in the state trunk line fund,
critical bridge fund, comprehensive transportation fund, and certain other
funds of money raised by specific taxes and fees; to provide for definitions of
public transportation functions and criteria; to define the purposes for which
Michigan transportation funds may be allocated; to provide for Michigan
transportation fund grants; to provide for review and approval of
transportation programs; to provide for submission of annual legislative requests
and reports; to provide for the establishment and functions of certain advisory
entities; to provide for conditions for grants; to provide for the issuance of
bonds and notes for transportation purposes; to provide for the powers and
duties of certain state and local agencies and officials; to provide for the
making of loans for transportation purposes by the state transportation
department and for the receipt and repayment by local units and agencies of
those loans from certain specified sources; and to repeal acts and parts of
acts, (MCL 247.651 to 247.675) by adding section 11a.
The
Senate has passed the bill.
The
bill was read a first time by its title and referred to the Committee on
Transportation.
Communications from State Officers
The following communication from
the Department of Licensing and Regulatory Affairs was received and read:
September 9, 2019
On behalf of the Department of
Licensing and Regulatory Affairs (LARA), Bureau of Construction Codes (BCC),
please find attached, the 14th Biennial Report to the Legislature,
State Survey & Remonumentation Program, pursuant to 1990 PA 345, et. seq.
This report will also be
available on the department s website at www.michigan.gov/lara by linking to All About LARA,
to Legislative Reports, and MCL Reports .
If you have any questions, please
contact: lara-legislativecontact@michigan.gov.
The communication was referred to
the Clerk.
Announcements
by the Clerk
September
13, 2019
Received from the Auditor General
a copy of the:
Performance audit
report on the Michigan Cyber Civilian Corps, Department of Technology,
Management, and Budget (071-0519-19),
September 2019.
Gary
L. Randall
Clerk
of the House
By unanimous consent the House returned to the order of
Introduction of Bills
House Bill No. 4974, entitled
A bill to amend 1976 PA 451, entitled The
revised school code, by amending section 1278a (MCL 380.1278a), as amended by
2018 PA 232.
The bill was read a first time by its title
and referred to the Committee on Education.
Reps. Eisen, Wozniak and Markkanen introduced
House Bill No. 4975, entitled
A bill to amend 1964 PA 170, entitled An act to make uniform the
liability of municipal corporations, political subdivisions, and the state, its
agencies and departments, officers, employees, and volunteers thereof, and
members of certain boards, councils, and task forces when engaged in the exercise
or discharge of a governmental function, for injuries to property and persons;
to define and limit this liability; to define and limit the liability of the
state when engaged in a proprietary function; to authorize the purchase of
liability insurance to protect against loss arising out of this liability; to
provide for defending certain claims made against public officers, employees,
and volunteers and for paying damages sought or awarded against them; to
provide for the legal defense of public officers, employees, and volunteers; to
provide for reimbursement of public officers and employees for certain legal
expenses; and to repeal acts and parts of acts, (MCL 691.1401 to 691.1419) by
adding section 6b.
The bill was read a first time by its title and referred to the
Committee on Judiciary.
Reps. Eisen, Wozniak and Markkanen introduced
House Bill No. 4976, entitled
A bill to amend 1846 RS
66, entitled Of estates in dower, by the curtesy, and general provisions
concerning real estate, (MCL 554.131 to 554.139) by
adding section 40.
The bill was read a first time by its title
and referred to the Committee on Judiciary.
House Bill No. 4977, entitled
A bill to amend 1991 PA 179, entitled Michigan
telecommunications act, by amending section 316 (MCL 484.2316), as amended by
2011 PA 58.
The bill was read a first time by its title
and referred to the Committee on Communications and Technology.
Reps. Brann and Steven Johnson introduced
House Bill No. 4978, entitled
A bill to provide for the establishment of a
wholesale prescription drug importation program; to provide for the powers and
duties of certain state and local governmental officers and entities; and to
require the promulgation of rules.
The bill was read a first time by its title
and referred to the Committee on Health Policy.
Reps. Steven Johnson and Brann introduced
House Bill No. 4979, entitled
A bill to provide for the establishment of an
international wholesale prescription drug importation program; to provide for
the powers and duties of certain state and local governmental officers and
entities; and to require the promulgation of rules.
The bill was read a first time by its title
and referred to the Committee on Health Policy.
House Bill No. 4980, entitled
A bill to amend 1965 PA 213, entitled An act
to provide for setting aside the conviction in certain criminal cases; to
provide for the effect of such action; to provide for the retention of certain
nonpublic records and their use; to prescribe the powers and duties of certain
public agencies and officers; and to prescribe penalties, by amending sections
1 and 4 (MCL 780.621 and 780.624), section 1 as amended by 2016 PA 336 and
section 4 as amended by 2014 PA 335, and by adding section 1b.
The bill was read a first time by its title
and referred to the Committee on Judiciary.
Reps. Wendzel, Filler, Webber, Rabhi, Kahle, Bellino, Berman, O Malley, Wentworth, Sabo, Leutheuser, Hertel, Cynthia Johnson, Coleman, Yancey, Whitsett, Peterson, Brenda Carter, Brann, Cherry, Manoogian, Sowerby, Garza, Inman, Gay-Dagnogo, Tyrone Carter, Koleszar, Sheppard, Wozniak, Rendon, Bolden, Garrett, Tate, Cambensy, Jones, Crawford, Slagh, Anthony, Camilleri, Guerra, Mueller, Meerman, Wittenberg, Hoadley, Kuppa, Brixie, Hood, Lilly, Yaroch, Robinson, Pohutsky and Reilly introduced
House Bill No. 4981, entitled
A bill to amend 1965 PA 213, entitled An act
to provide for setting aside the conviction in certain criminal cases; to
provide for the effect of such action; to provide for the retention of certain
nonpublic records and their use; to prescribe the powers and duties of certain
public agencies and officers; and to prescribe penalties, by amending section
1 (MCL 780.621), as amended by 2016 PA 336.
The bill was read a first time by its title
and referred to the Committee on Judiciary.
House Bill No. 4982, entitled
A bill to amend 1965 PA 213, entitled An act
to provide for setting aside the conviction in certain criminal cases; to
provide for the effect of such action; to provide for the retention of certain
nonpublic records and their use; to prescribe the powers and duties of certain
public agencies and officers; and to prescribe penalties, by amending section
1 (MCL 780.621), as amended by 2016 PA 336.
The bill was read a first time by its title
and referred to the Committee on Judiciary.
House Bill No. 4983, entitled
A bill to amend 1965 PA 213, entitled An act
to provide for setting aside the conviction in certain criminal cases; to
provide for the effect of such action; to provide for the retention of certain
nonpublic records and their use; to prescribe the powers and duties of certain
public agencies and officers; and to prescribe penalties, by amending section
1 (MCL 780.621), as amended by 2016 PA 336.
The bill was read a first time by its title
and referred to the Committee on Judiciary.
House Bill No. 4984, entitled
A bill to amend 1965 PA 213, entitled An act
to provide for setting aside the conviction in certain criminal cases; to
provide for the effect of such action; to provide for the retention of certain
nonpublic records and their use; to prescribe the powers and duties of certain
public agencies and officers; and to prescribe penalties, by amending section
1 (MCL 780.621), as amended by 2016 PA 336.
The bill was read a first time by its title
and referred to the Committee on Judiciary.
House Bill No. 4985, entitled
A bill to amend 1965 PA 213, entitled An act
to provide for setting aside the conviction in certain criminal cases; to
provide for the effect of such action; to provide for the retention of certain
nonpublic records and their use; to prescribe the powers and duties of certain
public agencies and officers; and to prescribe penalties, by amending section
1 (MCL 780.621), as amended by 2016 PA 336.
The bill was read a first time by its title
and referred to the Committee on Judiciary.
House Bill No. 4986, entitled
A bill to prohibit employers from
discriminating against an individual because the individual has not received or
declines to receive the influenza vaccination; to prohibit retaliation; and to
provide remedies.
The bill was read a first time by its title
and referred to the Committee on Commerce and Tourism.
House Bill No. 4987, entitled
A bill to prohibit employers from
discriminating against an individual because the individual has not received or
declines to receive the tetanus, diphtheria, and pertussis vaccination; to
prohibit retaliation; and to provide remedies.
The bill was read a first time by its title
and referred to the Committee on Commerce and Tourism.
Rep. Lower introduced
House Bill No. 4988, entitled
A bill to amend 1976 PA 451, entitled The
revised school code, (MCL 380.1 to 380.1852) by adding section 1306a.
The bill was read a first time by its title
and referred to the Committee on Education.
______
Rep. Hall moved that the House adjourn.
The motion prevailed, the time being 2:55 p.m.
GARY L.
RANDALL
Clerk
of the House of Representatives