June 12, 2018, Introduced by Reps. Allor, Kelly, Yaroch and Miller and referred to the Committee on Education Reform.
A bill to amend 1996 PA 160, entitled
"Postsecondary enrollment options act,"
by amending sections 3, 4, and 7 (MCL 388.513, 388.514, and
388.517), section 3 as amended by 2018 PA 11 and sections 4 and 7
as amended by 2012 PA 134.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) As used in this act:
(a) "Community college" means a community college established
under the community college act of 1966, 1966 PA 331, MCL 389.1 to
389.195, or under part 25 of the revised school code, 1976 PA 451,
MCL 380.1601 to 380.1607, or a federal tribally controlled
community college located in this state that is recognized under
the tribally controlled colleges and universities assistance act of
1978, 25 USC 1801 to 1864, and is determined by the department to
meet the requirements for accreditation by a recognized regional
accrediting body.
(b) "Department" means the department of education.
(c) "Eligible charges" means tuition and mandatory course
fees, material fees, and registration fees required by an eligible
institution for enrollment in an eligible course. Eligible charges
also include any late fees charged by an eligible postsecondary
institution due to the school district's or department of
treasury's failure to make a required payment according to the
timetable prescribed under this act. Eligible charges do not
include transportation or parking costs or activity fees. For
eligible students enrolled in an out-of-state college that is an
eligible postsecondary institution, eligible charges shall not
exceed the lesser of the in-district rate for the community college
located in the district in which the eligible student resides or
the in-district rate for the out-of-state college in which the
eligible student is enrolled.
(d) "Eligible course" means a course offered by an eligible
postsecondary institution that is offered for postsecondary credit;
that is not offered by the school district or state approved
nonpublic school in which the eligible student is enrolled, or that
is offered by the school district or state approved nonpublic
school but is determined by its governing board to not be available
to the eligible student because of a scheduling conflict beyond the
eligible student's control; that is an academic course not
ordinarily taken as an activity course; that is a course that the
postsecondary institution normally applies toward satisfaction of
degree requirements; that is not a hobby, craft, or recreational
course; and that is in a subject area other than physical
education, theology, divinity, or religious education. For a home-
schooled child, an eligible course is a course offered by an
eligible postsecondary institution that is offered for
postsecondary credit; that is an academic course not ordinarily
taken as an activity course; that is a course that the
postsecondary institution normally applies toward satisfaction of
degree requirements; that is not a hobby, craft, or recreational
course; and that is in a subject area other than physical
education, theology, divinity, or religious education. However, for
an eligible student who has not achieved a qualifying score in each
subject area on a readiness assessment or the Michigan merit
examination, as applicable for the student, an eligible course is
limited to a course in a subject area for which he or she has
achieved a qualifying score, a course in computer science or
foreign language not offered by the school district, or a course in
fine arts as permitted by the school district. For each individual
eligible student, unless there is a written agreement between the
eligible student's school district and the eligible postsecondary
institution to waive these limits, a course described in this
subdivision is not an eligible course if the eligible student's
enrollment in, and the payment of eligible charges under this act
for, the course would exceed the following limits:
(i) Not more than 10 courses overall. This limit and the
limits under subparagraphs (ii) to (iv) do not apply to a course if
the eligible student does not receive tuition and fee support under
this act for that course.
(ii) If the eligible student first enrolls in a course under
this act when the eligible student is in grade 9, not more than 2
courses during each academic year in the eligible student's first,
second, or third academic year of enrollment under this act in an
eligible postsecondary institution and not more than 4 courses
during the academic year in the eligible student's fourth academic
year of enrollment under this act in an eligible postsecondary
institution.
(iii) If the eligible student first enrolls in a course under
this act when the eligible student is in grade 10, not more than 2
courses during the academic year in the eligible student's first
academic year of enrollment under this act in an eligible
postsecondary institution, not more than 4 courses during the
academic year in the eligible student's second academic year of
enrollment under this act in an eligible postsecondary institution,
and not more than 4 courses during the academic year in the
eligible student's third academic year of enrollment under this act
in an eligible postsecondary institution.
(iv) Subject to the overall course limit under subparagraph
(i), if the eligible student first enrolls in a course under this
act when the eligible student is in grade 11 or 12, not more than 6
courses during either of those academic years of enrollment in an
eligible postsecondary institution.
(e) "Eligible postsecondary institution" means a state
university, community college, or independent nonprofit degree-
granting college or university that is located in this state and
that chooses to comply with this act. However, an out-of-state
college that is located within 20 miles of a border with this state
and that chooses to comply with this act is also an eligible
postsecondary institution for an eligible student if at least 1 of
the following is met:
(i) The eligible student is enrolled in a school district, as
that term is defined in section 6 of the revised school code, 1976
PA 451, MCL 380.6, that shares a border with the state in which the
out-of-state college is located.
(ii) The eligible student is enrolled in a public school
academy, as that term is defined in section 5 of the revised school
code, 1976 PA 451, MCL 380.5, that is located in a school district
described in subparagraph (i).
(iii) The eligible student is enrolled in a state approved
nonpublic school that is located in a school district described in
subparagraph (i).
(f) "Eligible student" means, except as otherwise provided in
this subdivision, a home-schooled child enrolled in high school or
a student enrolled in at least 1 high school class in a school
district or state approved nonpublic school in this state, except a
foreign exchange pupil enrolled under a cultural exchange program
or a student who does not have at least 1 parent or legal guardian
who is a resident of this state. However, subject to subsection
(2), the student shall not have been enrolled in high school for
more than 4 school years including the school year in which the
student seeks to enroll in an eligible course under this act. To be
an eligible student, a student who has not taken the Michigan merit
examination must have achieved a qualifying score in all subject
areas on a readiness assessment and a student who has taken the
Michigan merit examination must have achieved a qualifying score in
all subject areas on the Michigan merit examination, and, subject
to subsection (2), the student shall not have been enrolled in high
school for more than 4 school years including the school year in
which the student seeks to enroll in an eligible course under this
act. However, if the student has not achieved a qualifying score in
all subject areas on a readiness assessment or the Michigan merit
examination, as applicable for the student, the student is an
eligible student only for the limited purpose of enrolling in 1 or
more eligible courses under this act in a subject area for which he
or she has achieved a qualifying score, in computer science or
foreign language not offered by the school district, or in fine
arts as permitted by the school district. For the purposes of
determining the number of years a pupil has been enrolled in high
school, a pupil who is enrolled in high school for less than 90
days of a school year due to illness or other circumstances beyond
the control of the pupil or the pupil's parent or guardian is not
considered to be enrolled in high school for that school year.
(g) "Home-schooled child" means a child who is being educated
at the child's home by his or her parent or legal guardian in an
organized educational program in the subject areas of reading,
spelling, mathematics, science, history, civics, literature,
writing, and English grammar.
(h) (g)
"Intermediate school
district" means that term as
defined in section 4 of the revised school code, 1976 PA 451, MCL
380.4.
(i) (h)
"Michigan merit
examination" means that examination
developed under section 1279g of the revised school code, 1976 PA
451, MCL 380.1279g.
(j) (i)
"Out-of-state college"
means a state university,
community college, or independent nonprofit degree-granting college
or university that is located in another state and that is legally
established under the laws of that other state.
(k) (j)
"Qualifying score" means
a score on a readiness
assessment or the Michigan merit examination that has been
determined by the superintendent of public instruction to indicate
readiness to enroll in a postsecondary course in that subject area
under this act.
(l) (k)
"Readiness assessment"
means assessment instruments
that are aligned with state learning standards; that are used
nationally to provide high school students with an early indication
of college readiness proficiency in English, mathematics, reading,
social studies, and science and may contain a comprehensive career
planning program; and that are approved by the superintendent of
public instruction for the purposes of this act.
(m) (l) "School
district" means that term as defined in
section 6 of the revised school code, 1976 PA 451, MCL 380.6, or a
public school academy as defined in section 5 of the revised school
code, 1976 PA 451, MCL 380.5, except as provided in subdivision
(e).
(n) (m)
"State approved nonpublic
school" means that term as
defined in section 6 of the revised school code, 1976 PA 451, MCL
380.6.
(o) (n)
"State university" means
a state institution of higher
education described in section 4, 5, or 6 of article VIII of the
state constitution of 1963.
(2) The superintendent of public instruction shall promulgate
rules establishing criteria and procedures under which a student
who has been enrolled in high school for more than 4 years but not
more than 5 years may be considered to be an eligible student. The
rules shall address special circumstances under which a student may
qualify to be considered an eligible student under this subsection
and may limit the number of courses in which a student who
qualifies under this subsection may enroll. For the purposes of
determining the number of years a pupil has been enrolled in high
school, a pupil who is enrolled in high school for less than 90
days of a school year due to illness or other circumstances beyond
the control of the pupil or the pupil's parent or guardian is not
considered to be enrolled for that school year.
Sec. 4. (1) The school district or state approved nonpublic
school in which an eligible student is enrolled shall provide to
the eligible student a letter signed by the student's principal
indicating the student's eligibility under this act. For a home-
schooled child, the child's parent or legal guardian may supply
this letter.
(2) An eligible student may apply to an eligible postsecondary
institution to enroll in 1 or more eligible courses offered by that
eligible postsecondary institution and, if accepted, may enroll in
1 or more of those courses.
(3) For an eligible student enrolled in a school district,
within a reasonable time after registration, the eligible
postsecondary institution shall send written notice to the eligible
student and his or her school district. For an eligible student
enrolled in a state approved nonpublic school, within a reasonable
time after registration, the eligible postsecondary institution
shall send written notice to the eligible student and his or her
state approved nonpublic school and to the department. For an
eligible student who is a home-schooled child, within a reasonable
time after registration, the eligible postsecondary institution
shall send written notice to the eligible student and his or her
parent or legal guardian and to the department. The notice shall
indicate the course or courses and hours of enrollment of that
eligible student. The eligible postsecondary institution shall
notify the eligible student about tuition, fees, books, materials,
and other related charges, as determined by the postsecondary
institution, in the customary manner used by the eligible
postsecondary institution, and shall notify the eligible student of
the estimated amount of the eligible charges that will be billed to
the
school district, or the department, or the department of
treasury, as applicable, under subsection (4).
(4) For an eligible student enrolled in a school district,
unless otherwise agreed between the eligible postsecondary
institution and the school district, after the expiration of the
institution's drop/add period for the course, an eligible
postsecondary institution shall send a bill to the eligible
student's school district detailing the eligible charges for each
eligible course in which the eligible student is enrolled under
this act. For an eligible student who is enrolled in a state
approved nonpublic school or who is a home-schooled child, after
the expiration of the eligible postsecondary institution's drop/add
period for the course, both of the following apply:
(a) Eligible postsecondary institution shall send a bill to
the department detailing the eligible charges for each eligible
course in which the eligible student is enrolled under this act.
(b) The department shall determine the amount of the eligible
charges to be paid by the department of treasury to the eligible
postsecondary institution on behalf of the eligible student under
this act and shall deliver this information to the department of
treasury by appropriate electronic means.
(5) For an eligible student enrolled in a school district,
upon receiving the bill under subsection (4), the school district
shall cause to be paid to the eligible postsecondary institution on
behalf of the eligible student an amount equal to the lesser of the
amount of the eligible charges or the prorated percentage of the
statewide pupil-weighted average foundation allowance, as
calculated under section 20 of the state school aid act of 1979,
1979 PA 94, MCL 388.1620, for all school districts for the state
fiscal year that begins on October 1 of the academic year of
enrollment in the eligible postsecondary institution, with the
proration based on the proportion of the school year that the
eligible student attends the eligible postsecondary institution.
However, in the calculation of the statewide pupil-weighted average
foundation allowance for the purposes of this subsection, if a
school district's foundation allowance is above the basic
foundation allowance under section 20 of the state school aid act
of 1979, 1979 PA 94, MCL 388.1620, then the school district's
foundation allowance shall be considered to be the basic foundation
allowance. Not later than September 1 of each year, the department
shall notify the department of treasury of the amount of the
statewide pupil-weighted average foundation allowance as calculated
for the purposes of this subsection. A school district may pay more
money to an eligible postsecondary institution on behalf of an
eligible student than is required under this act, and may use local
school operating revenue for that purpose. The eligible student is
responsible for payment of the remainder of the costs associated
with his or her postsecondary enrollment that exceed the amount the
school district is required to pay under this act and that are not
paid by the school district. As used in this subsection, "local
school operating revenue" means that term as defined in section 20
of the state school aid act of 1979, 1979 PA 94, MCL 388.1620.
(6) For an eligible student who is enrolled in a state
approved nonpublic school or who is a home-schooled child, upon
receiving from the department under subsection (4) the amount of
the eligible charges to be paid on behalf of the eligible student,
the department of treasury shall cause to be paid to the eligible
postsecondary institution on behalf of the eligible student an
amount equal to the lesser of the amount of the eligible charges or
the prorated percentage of the statewide pupil-weighted average
foundation allowance, as calculated under section 20 of the state
school aid act of 1979, 1979 PA 94, MCL 388.1620, for all school
districts for the state fiscal year that begins on October 1 of the
academic year of enrollment in the eligible postsecondary
institution, with the proration based on the proportion of the
school year that the eligible student attends the eligible
postsecondary institution. However, in the calculation of the
statewide pupil-weighted average foundation allowance for the
purposes of this subsection, if a school district's foundation
allowance is above the basic foundation allowance under section 20
of the state school aid act of 1979, 1979 PA 94, MCL 388.1620, then
the school district's foundation allowance shall be considered to
be the basic foundation allowance. Not later than September 1 of
each year, the department shall notify the department of treasury
of the amount of the statewide pupil-weighted average foundation
allowance as calculated for the purposes of this subsection. The
eligible student is responsible for payment of the remainder of the
costs associated with his or her postsecondary enrollment that
exceed the amount the department of treasury is required to pay
under this act and that are not paid by the department of treasury.
(7) An eligible postsecondary institution shall not charge a
late fee to an eligible student, a school district, the department,
or the department of treasury for a payment that is made in
compliance with the timetable prescribed under this act even if the
payment would otherwise be considered late by the postsecondary
institution.
(8) A school district, state approved nonpublic school, or the
department may require an eligible student to provide, on a form
supplied by the school district, state approved nonpublic school,
or the department, reasonable verification that the eligible
student is regularly attending a postsecondary course.
(9) For an eligible student who is enrolled in a school
district and who enrolls in an eligible course under this act, if
the student does not complete the eligible course or, if the
student enrolls in an eligible course for postsecondary credit only
and the student does not successfully complete the eligible course,
as determined by the eligible postsecondary institution, and if the
school district has paid money for the course on behalf of the
student, all of the following apply:
(a) The eligible postsecondary institution shall forward to
the school district any funds that are refundable due to
noncompletion of the course. The school district shall then forward
to the eligible student any refunded money in excess of the amount
paid by the school district for the course on behalf of the
eligible student.
(b) The eligible student shall repay to the school district
any funds that were expended by the school district for the course
that are not refunded to the school district by the eligible
postsecondary institution. If the eligible student does not repay
this money, the school district may impose sanctions against the
eligible student as determined by school district policy. This
subdivision does not apply to an eligible student who does not
complete the course due to a family or medical emergency, as
determined by the eligible postsecondary institution.
(10) For an eligible student who is enrolled in a state
approved
nonpublic school , or
is a home-schooled child and who
enrolls in an eligible course under this act, if the eligible
student does not complete the eligible course or, if the eligible
student enrolls in an eligible course for postsecondary credit only
and the eligible student does not successfully complete the
eligible course, as determined by the eligible postsecondary
institution, and if the department of treasury has paid money for
the course on behalf of the eligible student, all of the following
apply:
(a) The eligible postsecondary institution shall forward to
the department of treasury any funds that are refundable due to
noncompletion of the course. If applicable, the eligible
postsecondary institution shall then refund to the eligible student
any funds that are refundable due to noncompletion of the course
and are in excess of the amount paid by the department of treasury
for the course on behalf of the eligible student.
(b) The eligible student shall repay to the department of
treasury any funds that were expended by the department of treasury
for the course that are not refunded to the department of treasury
by the eligible postsecondary institution. This subdivision does
not apply to an eligible student who does not complete the course
due to a family or medical emergency, as determined by the eligible
postsecondary institution.
(11) A school district, state approved nonpublic school, the
department, or the department of treasury shall make available to
an eligible student copies of all correspondence in the possession
of the school district, state approved nonpublic school,
department, or department of treasury regarding the eligible
student's participation in postsecondary enrollment under this act.
Correspondence described in this subsection shall be kept by the
school district, state approved nonpublic school, department, or
department of treasury for at least 1 year.
(12) If a school district pays for books for an eligible
student for a postsecondary course under this section, the books
are the property of the school district and shall be turned over to
the school district after the eligible student completes the
course.
(13) This section does not apply to any postsecondary courses
in which an eligible student is enrolled in addition to being
enrolled full-time in that eligible student's school district or
state approved nonpublic school or home school program; to a
postsecondary course an eligible student is retaking after failing
to achieve a satisfactory grade; or to a course contrary to the
eligibility provisions of this act. In determining full-time
enrollment in a school district under this section or a school
district's full-time equated membership under the state school aid
act of 1979, 1979 PA 94, MCL 388.1601 to 388.1896, for a pupil
enrolled in a postsecondary institution under this act, the pupil's
enrollment in both the school district and the postsecondary
institution shall be counted as enrollment in the school district
and a pupil shall not be considered to be enrolled in a school
district less than full-time solely because of the effect of the
pupil's postsecondary enrollment, including necessary travel time,
on the number of class hours provided by the school district to the
pupil. In determining full-time enrollment in a state approved
nonpublic school or home school program under this section for a
student enrolled in a postsecondary institution under this act, the
student's enrollment in both the state approved nonpublic school or
home school program and the postsecondary institution shall be
counted as enrollment in the state approved nonpublic school or
home school program and a student shall not be considered to be
enrolled in a state approved nonpublic school or home school
program less than full-time solely because of the effect of the
student's postsecondary enrollment under this act, including
necessary travel time, on the number of class hours provided by the
state approved nonpublic school or home school program to the
student.
(14) This act does not require a school district or the
department of treasury to pay or otherwise provide financial
support for transportation or parking costs necessary for an
eligible student to participate in postsecondary enrollment under
this act. A school district, state approved nonpublic school, or
this state is not liable for any injury incurred by an eligible
student that is related to transportation necessary for the
eligible student to participate in postsecondary enrollment under
this act.
(15) The legislature shall appropriate funds to the department
of treasury for making payments required to be made by the
department of treasury under this act.
Sec. 7. (1) An eligible student who is enrolled in a school
district may enroll in, and receive payment by the school district
under section 4(5) of all or part of eligible charges for, an
eligible course under this act for high school credit or
postsecondary credit, or both. At the time an eligible student who
is enrolled in a school district enrolls in a postsecondary course
under this act, he or she shall designate whether the course is for
high school or postsecondary credit, or both, and shall notify both
his or her high school and the eligible postsecondary institution
of that designation. An eligible student taking more than 1
postsecondary course under this act may make different credit
designations under this subsection for different courses.
(2) Except as otherwise provided in subsection (3), an
eligible student who is enrolled in a state approved nonpublic
school or who is a home-schooled child may enroll in, and receive
payment by the department of treasury under section 4(6) of all or
part of eligible charges for, an eligible course under this act
only for postsecondary credit and may not receive high school
credit for the course.
(3) If an eligible student who is enrolled in a state approved
nonpublic school or who is a home-schooled child is enrolled in an
eligible course that would have been considered a nonessential
elective
course under Snyder v Charlotte School Dist, Snyder
v
Charlotte School Dist, 421 Mich 517 (1984), then the eligible
student may enroll in, and receive payment by the department of
treasury under section 4(6) of all or part of eligible charges for,
an eligible course under this act for high school credit or
postsecondary credit, or both. At the time an eligible student
enrolls under this act in an eligible course described in this
subsection, he or she shall designate whether the course is for
high school or postsecondary credit, or both, and shall notify both
his or her high school and the eligible postsecondary institution
of that designation. An eligible student taking more than 1
eligible course described in this subsection under this act may
make different credit designations under this subsection for
different courses.
(4) An eligible student shall not audit a postsecondary course
in which he or she is enrolled under this act.
(5) A school district shall grant academic credit to an
eligible student enrolled in an eligible course for high school
credit under this act if he or she successfully completes the
course, as determined by the eligible postsecondary institution.
The amount of high school credit granted by a school district for a
postsecondary course completed under this act shall be determined
by the school district.
(6) The high school credits granted to an eligible student
under this act shall be counted toward the graduation requirements
and subject area requirements of the school district. Evidence of
successful completion of each course and high school credits
granted shall be included in the eligible student's high school
record. Subject to 20 USC 1232g, commonly referred to as the family
educational rights and privacy act of 1974, an eligible
postsecondary institution shall provide the school district with a
copy of the eligible student's grade in each course taken for high
school credit under this act. Upon the request of an eligible
student, his or her high school record and transcript shall also
include evidence of successful completion and postsecondary credits
granted for a course taken for postsecondary credit under this act.
In either case, the eligible student's high school record and
transcript shall indicate that the credits were earned at an
eligible postsecondary institution and identify the postsecondary
institution.
(7) If a student enrolls in an eligible postsecondary
institution after leaving high school, the eligible postsecondary
institution, in accordance with institutional policy, shall award
postsecondary credit for postsecondary courses successfully
completed by that student for high school credit under this act at
that eligible postsecondary institution. An eligible postsecondary
institution shall not charge a student for credit awarded under
this subsection.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.