HOUSE BILL No. 4503 March 20, 2001, Introduced by Reps. Basham and Stallworth and referred to the Committee on Education. A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 6 (MCL 388.1606), as amended by 2000 PA 297. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 6. (1) "Center program" means a program operated by a 2 district or intermediate district for special education pupils 3 from several districts in programs for the autistically impaired, 4 trainable mentally impaired, severely mentally impaired, severely 5 multiply impaired, hearing impaired, physically and otherwise 6 health impaired, and visually impaired. Programs for emotionally 7 impaired pupils housed in buildings that do not serve regular 8 education pupils also qualify. Unless otherwise approved by the 9 department, a center program either shall serve all constituent 10 districts within an intermediate district or shall serve several 11 districts with less than 50% of the pupils residing in the 02791'01 TAV 2 1 operating district. In addition, special education center 2 program pupils placed part-time in noncenter programs to comply 3 with the least restrictive environment provisions of section 612 4 of part B of the individuals with disabilities education act, 5 title VI of Public Law 91-230, 20 U.S.C. 1412, may be considered 6 center program pupils for pupil accounting purposes for the time 7 scheduled in either a center program or a noncenter program. 8 (2) "District pupil retention rate" means the proportion of 9 pupils who have not dropped out of school in the immediately pre- 10 ceding school year and is equal to 1 minus the quotient of the 11 number of pupils unaccounted for in the immediately preceding 12 school year, as determined pursuant to subsection (3), divided by 13 the pupils of the immediately preceding school year. 14 (3) "District pupil retention report" means a report of the 15 number of pupils, excluding migrant and adult, in the district 16 for the immediately preceding school year, adjusted for those 17 pupils who have transferred into the district, transferred out of 18 the district, transferred to alternative programs, and have grad- 19 uated, to determine the number of pupils who are unaccounted 20 for. The number of pupils unaccounted for shall be calculated as 21 determined by the department. 22 (4) "Membership", except as otherwise provided in this act, 23 means for 1999-2000 for a district, public school academy, uni- 24 versity school, or intermediate district the sum of the product 25 of .75 times the number of full-time equated pupils in grades K 26 to 12 actually enrolled and in regular daily attendance on the 27 pupil membership count day for the current school year, plus the 02791'01 3 1 product of .25 times the final audited count from the 2 supplemental count day for the immediately preceding school 3 year. Beginning in 2000-2001, membership means for a district, 4 public school academy, university school, or intermediate dis- 5 trict the sum of the product of .8 times the number of full-time 6 equated pupils in grades K to 12 actually enrolled and in regular 7 daily attendance on the pupil membership count day for the cur- 8 rent school year, plus the product of .2 times the final audited 9 count from the supplemental count day for the immediately preced- 10 ing school year. All pupil counts used in this subsection are as 11 determined by the department and calculated by adding the number 12 of pupils registered for attendance plus pupils received by 13 transfer and minus pupils lost as defined by rules promulgated by 14 the superintendent, and as corrected by a subsequent department 15 audit. The amount of the foundation allowance for a pupil in 16 membership is determined under section 20. In making the calcu- 17 lation of membership, all of the following, as applicable, apply 18 to determining the membership of a district, public school acade- 19 my, university school, or intermediate district: 20 (a) Except as otherwise provided in this subsection, and 21 pursuant to subsection (6), a pupil shall be counted in member- 22 ship in the pupil's educating district or districts. An individ- 23 ual pupil shall not be counted for more than a total of 1.0 24 full-time equated membership. 25 (b) If a pupil is educated in a district other than the 26 pupil's district of residence, if the pupil is not being educated 27 as part of a cooperative education program, if the pupil's 02791'01 4 1 district of residence does not give the educating district its 2 approval to count the pupil in membership in the educating dis- 3 trict, and if the pupil is not covered by an exception specified 4 in subsection (6) to the requirement that the educating district 5 must have the approval of the pupil's district of residence to 6 count the pupil in membership, the pupil shall not be counted in 7 membership in any district. 8 (c) A special education pupil educated by the intermediate 9 district shall be counted in membership in the intermediate 10 district. 11 (d) A pupil placed by a court or state agency in an 12 on-grounds program of a juvenile detention facility, a child 13 caring institution, or a mental health institution, or a pupil 14 funded under section 53a, shall be counted in membership in the 15 district or intermediate district approved by the department to 16 operate the program. 17 (e) A pupil enrolled in the Michigan schools for the deaf 18 and blind shall be counted in membership in the pupil's interme- 19 diate district of residence. 20 (f) A pupil enrolled in a vocational education program sup- 21 ported by a millage levied over an area larger than a single dis- 22 trict or in an area vocational-technical education program estab- 23 lished pursuant to section 690 of the revised school code, 24 MCL 380.690, shall be counted only in the pupil's district of 25 residence. 26 (g) A pupil enrolled in a university school shall be counted 27 in membership in the university school. 02791'01 5 1 (h) A pupil enrolled in a public school academy shall be 2 counted in membership in the public school academy. 3 (i) For a new district, university school, or public school 4 academy beginning its operation after December 31, 1994, member- 5 ship for the first 2 full or partial fiscal years of operation 6 shall be determined as follows: 7 (i) If operations begin before the pupil membership count 8 day for the fiscal year, membership is the average number of 9 full-time equated pupils in grades K to 12 actually enrolled and 10 in regular daily attendance on the pupil membership count day for 11 the current school year and on the supplemental count day for the 12 current school year, as determined by the department and calcu- 13 lated by adding the number of pupils registered for attendance on 14 the pupil membership count day plus pupils received by transfer 15 and minus pupils lost as defined by rules promulgated by the 16 superintendent, and as corrected by a subsequent department 17 audit, plus the final audited count from the supplemental count 18 day for the current school year, and dividing that sum by 2. 19 (ii) If operations begin after the pupil membership count 20 day for the fiscal year and not later than the supplemental count 21 day for the fiscal year, membership is the final audited count of 22 the number of full-time equated pupils in grades K to 12 actually 23 enrolled and in regular daily attendance on the supplemental 24 count day for the current school year. 25 (j) If a district is the authorizing body for a public 26 school academy, then, in the first school year in which pupils 27 are counted in membership on the pupil membership count day in 02791'01 6 1 the public school academy, the determination of the district's 2 membership shall exclude from the district's pupil count for the 3 immediately preceding supplemental count day any pupils who are 4 counted in the public school academy on that first pupil member- 5 ship count day who were also counted in the district on the imme- 6 diately preceding supplemental count day. 7 (k) In a district, public school academy, university school, 8 or intermediate district operating an extended school year pro- 9 gram approved by the superintendent, a pupil enrolled, but not 10 scheduled to be in regular daily attendance on a pupil membership 11 count day, shall be counted. 12 (l) Pupils to be counted in membership shall be not less 13 than 5 years of age on December 1 and less than 20 years of age 14 on September 1 of the school year except a special education 15 pupil who is enrolled and receiving instruction in a special edu- 16 cation program approved by the department and not having a high 17 school diploma who is less than 26 years of age as of September 1 18 of the current school year shall be counted in membership. 19 (m) An individual who has obtained a high school diploma 20 shall not be counted in membership. An individual who has 21 obtained a general education development (G.E.D.) certificate 22 shall not be counted in membership. An individual participating 23 in a job training program funded under former section 107a or a 24 jobs program funded under former section 107b, administered by 25 the Michigan strategic fund or the department of career develop- 26 ment, or participating in any successor of either of those 2 27 programs, shall not be counted in membership. 02791'01 7 1 (n) If a pupil counted in membership in a public school 2 academy is also educated by a district or intermediate district 3 as part of a cooperative education program, the pupil shall be 4 counted in membership only in the public school academy, and the 5 instructional time scheduled for the pupil in the district or 6 intermediate district shall be included in the full-time equated 7 membership determination under subdivision (q). However, for 8 pupils receiving instruction in both a public school academy and 9 in a district or intermediate district but not as a part of a 10 cooperative education program, the following apply: 11 (i) If the public school academy provides instruction for at 12 least 1/2 of the class hours specified in subdivision (q), the 13 public school academy shall receive as its prorated share of the 14 full-time equated membership for each of those pupils an amount 15 equal to 1 times the product of the hours of instruction the 16 public school academy provides divided by the number of hours 17 specified in subdivision (q) for full-time equivalency, and the 18 remainder of the full-time membership for each of those pupils 19 shall be allocated to the district or intermediate district pro- 20 viding the remainder of the hours of instruction. 21 (ii) If the public school academy provides instruction for 22 less than 1/2 of the class hours specified in subdivision (q), 23 the district or intermediate district providing the remainder of 24 the hours of instruction shall receive as its prorated share of 25 the full-time equated membership for each of those pupils an 26 amount equal to 1 times the product of the hours of instruction 27 the district or intermediate district provides divided by the 02791'01 8 1 number of hours specified in subdivision (q) for full-time 2 equivalency, and the remainder of the full-time membership for 3 each of those pupils shall be allocated to the public school 4 academy. 5 (o) An individual less than 16 years of age as of September 6 1 of the current school year who is being educated in an alterna- 7 tive education program shall not be counted in membership if 8 there are also adult education participants being educated in the 9 same program or classroom. 10 (p) The department shall give a uniform interpretation of 11 full-time and part-time memberships. 12 (q) The number of class hours used to calculate full-time 13 equated memberships shall be consistent with section 101(3). In 14 determining full-time equated memberships for pupils who are 15 enrolled in a postsecondary institution, a pupil shall not be 16 considered to be less than a full-time equated pupil solely 17 because of the effect of his or her postsecondary enrollment, 18 including necessary travel time, on the number of class hours 19 provided by the district to the pupil. 20 (r) Full-time equated memberships for pupils in kindergarten 21 shall be determined by dividing the number of class hours sched- 22 uled and provided per year per kindergarten pupil by a number 23 equal to 1/2 the number used for determining full-time equated 24 memberships for pupils in grades 1 to 12. 25 (s) For a district, university school, or public school 26 academy that has pupils enrolled in a grade level that was not 27 offered by the district, university school, or public school 02791'01 9 1 academy in the immediately preceding school year, the number of 2 pupils enrolled in that grade level to be counted in membership 3 is the average of the number of those pupils enrolled and in reg- 4 ular daily attendance on the pupil membership count day and the 5 supplemental count day of the current school year, as determined 6 by the department. Membership shall be calculated by adding the 7 number of pupils registered for attendance in that grade level on 8 the pupil membership count day plus pupils received by transfer 9 and minus pupils lost as defined by rules promulgated by the 10 superintendent, and as corrected by subsequent department audit, 11 plus the final audited count from the supplemental count day for 12 the current school year, and dividing that sum by 2. 13 (t) A pupil enrolled in a cooperative education program may 14 be counted in membership in the pupil's district of residence 15 with the written approval of all parties to the cooperative 16 agreement. 17 (u) If, as a result of a disciplinary action, a district 18 determines through the district's alternative or disciplinary 19 education program that the best instructional placement for a 20 pupil is in the pupil's home, if that placement is authorized in 21 writing by the district superintendent and district alternative 22 or disciplinary education supervisor, and if the district pro- 23 vides appropriate instruction as described in this subdivision to 24 the pupil at the pupil's home, the district may count the pupil 25 in membership on a pro rata basis, with the proration based on 26 the number of hours of instruction the district actually provides 27 to the pupil divided by the number of hours specified in 02791'01 10 1 subdivision (q) for full-time equivalency. For the purposes of 2 this subdivision, a district shall be considered to be providing 3 appropriate instruction if all of the following are met: 4 (i) The district provides at least 2 nonconsecutive hours of 5 instruction per week to the pupil at the pupil's home under the 6 supervision of a certificated teacher. 7 (ii) The district provides instructional materials, 8 resources, and supplies, except computers, that are comparable to 9 those otherwise provided in the district's alternative education 10 program. 11 (iii) Course content is comparable to that in the district's 12 alternative education program. 13 (iv) Credit earned is awarded to the pupil and placed on the 14 pupil's transcript. 15 (v) A pupil enrolled in an alternative or disciplinary edu- 16 cation program described in section 25 shall be counted in mem- 17 bership in the district or public school academy that expelled 18 the pupil. 19 (w) If a pupil was enrolled in a public school academy on 20 the pupil membership count day, if the public school academy's 21 contract with its authorizing body is revoked, and if the pupil 22 enrolls in a district within 45 days after the pupil membership 23 count day, the department shall adjust the district's pupil count 24 for the pupil membership count day to include the pupil in the 25 count. 26 (x) For 1999-2000, for a public school academy that has been 27 in operation for at least 2 years and that suspended operations 02791'01 11 1 for at least 1 semester and is resuming operations, membership is 2 the sum of the product of .75 times the number of full-time 3 equated pupils in grades K to 12 actually enrolled and in regular 4 daily attendance on the first pupil membership count day or sup- 5 plemental count day, whichever is first, occurring after opera- 6 tions resume, plus the product of .25 times the final audited 7 count from the most recent pupil membership count day or supple- 8 mental count day that occurred before suspending operations, as 9 determined by the superintendent. Beginning in 2000-2001, for a 10 public school academy that has been in operation for at least 2 11 years and that suspended operations for at least 1 semester and 12 is resuming operations, membership is the sum of the product of 13 .8 times the number of full-time equated pupils in grades K to 12 14 actually enrolled and in regular daily attendance on the first 15 pupil membership count day or supplemental count day, whichever 16 is first, occurring after operations resume, plus the product of 17 .2 times the final audited count from the most recent pupil mem- 18 bership count day or supplemental count day that occurred before 19 suspending operations, as determined by the superintendent. 20 (y) For 2000-2001 only, if a district's membership for a 21 particular fiscal year, as otherwise calculated under this sub- 22 section, would be less than 1,550 pupils, the district's member- 23 ship for that fiscal year shall be considered to be the greater 24 of the following: 25 (i) The average of the district's membership for the 26 3-fiscal-year period ending with that fiscal year, calculated by 27 adding the district's actual membership for that fiscal year, as 02791'01 12 1 otherwise calculated under this subsection, plus the district's 2 membership for each of the 2 immediately preceding fiscal years, 3 and dividing the sum of those 3 membership figures by 3. 4 (ii) The district's actual membership as otherwise calcu- 5 lated under this subsection. 6 (5) "Public school academy" means a public school academy or 7 strict discipline academy operating under the revised school 8 code. 9 (6) "Pupil" means a person in membership in a public 10 school. A district must have the approval of the pupil's dis- 11 trict of residence to count the pupil in membership, except 12 approval by the pupil's district of residence shall not be 13 required for any of the following: 14 (a) A nonpublic part-time pupil enrolled in grades 1 to 12 15 in accordance with section 166b. 16 (b) A pupil receiving 1/2 or less of his or her instruction 17 in a district other than the pupil's district of residence. 18 (c) A pupil enrolled in a public school academy or univer- 19 sity school. 20 (d) A pupil enrolled in a district other than the pupil's 21 district of residence under an intermediate district schools of 22 choice pilot program as described in section 91a or former 23 section 91 if the intermediate district and its constituent dis- 24 tricts have been exempted from section 105. 25 (e) A pupil enrolled in a district other than the pupil's 26 district of residence but within the same intermediate district 02791'01 13 1 if the educating district enrolls nonresident pupils in 2 accordance with section 105. 3 (f) A pupil enrolled in a district other than the pupil's 4 district of residence if the pupil has been continuously enrolled 5 in the educating district since a school year in which the pupil 6 enrolled in the educating district under section 105 or 105c and 7 in which the educating district enrolled nonresident pupils in 8 accordance with section 105 or 105c. 9 (g) Anonresidentpupil who has made an official written 10 complaint or whose parent or legal guardian has made an official 11 written complaint to law enforcement officials and to school 12 officials of the pupil's district of residence that the pupil has 13 been the victim of a criminal sexual assault or other serious 14 assault, if the official complaint either indicates that the 15 assault occurred at school or that the assault was committed by 1 16 or more other pupils enrolled in the school the nonresident pupil 17 would otherwise attend in the district of residence or by an 18 employee of the district of residence. A person who intention- 19 ally makes a false report of a crime to law enforcement officials 20 for the purposes of this subdivision is subject to section 411a 21 of the Michigan penal code, 1931 PA 328, MCL 750.411a, which pro- 22 vides criminal penalties for that conduct. As used in this 23 subdivision: 24 (i) "At school" means in a classroom, elsewhere on school 25 premises, on a school bus or other school-related vehicle, or at 26 a school-sponsored activity or event whether or not it is held on 27 school premises. 02791'01 14 1 (ii) "Serious assault" means an act that constitutes a 2 felony violation of chapter XI of the Michigan penal code, 1931 3 PA 328, MCL 750.81 to 750.90g, or that constitutes an assault and 4 infliction of serious or aggravated injury under section 81a of 5 the Michigan penal code, 1931 PA 328, MCL 750.81a. 6 (h) A pupil enrolled in a district located in a contiguous 7 intermediate district, as described in section 105c, if the edu- 8 cating district enrolls those nonresident pupils in accordance 9 with section 105c. 10 (i) A pupil whose district of residence changed after the 11 pupil membership count day and before the supplemental count day 12 and who continues to be enrolled on the supplemental count day as 13 a nonresident in the district in which he or she was enrolled as 14 a resident on the pupil membership count day of the same school 15 year. 16 (j) A pupil enrolled in an alternative education program 17 operated by a district other than his or her district of resi- 18 dence who meets 1 or more of the following: 19 (i) The pupil has been suspended or expelled from his or her 20 district of residence for any reason, including, but not limited 21 to, a suspension or expulsion under section 1310, 1311, or 1311a 22 of the revised school code, MCL 380.1310, 380.1311, and 23 380.1311a. 24 (ii) The pupil had previously dropped out of school. 25 (iii) The pupil is pregnant or is a parent. 26 (iv) The pupil has been referred to the program by a court. 02791'01 15 1 (k) A pupil enrolled in the Michigan virtual high school, 2 for the pupil's enrollment in the Michigan virtual high school. 3 (l) A PUPIL WHO IS THE CHILD OF A PERSON WHO IS EMPLOYED BY 4 THE DISTRICT. AS USED IN THIS SUBDIVISION, "CHILD" INCLUDES AN 5 ADOPTED CHILD OR LEGAL WARD. 6 However, if a district that is not a first class district 7 educates pupils who reside in a first class district and if the 8 primary instructional site for those pupils is located within the 9 boundaries of the first class district, the educating district 10 must have the approval of the first class district to count those 11 pupils in membership. As used in this subsection, "first class 12 district" means a district organized as a school district of the 13 first class under the revised school code. 14 (7) "Pupil membership count day" of a district or intermedi- 15 ate district means: 16 (a) Except as provided in subdivision (b), the fourth 17 Wednesday in September each school year. 18 (b) For a district or intermediate district maintaining 19 school during the entire school year, the following days: 20 (i) Fourth Wednesday in July. 21 (ii) Fourth Wednesday in September. 22 (iii) Second Wednesday in February. 23 (iv) Fourth Wednesday in April. 24 (8) "Pupils in grades K to 12 actually enrolled and in regu- 25 lar daily attendance" means pupils in grades K to 12 in 26 attendance and receiving instruction in all classes for which 27 they are enrolled on the pupil membership count day or the 02791'01 16 1 supplemental count day, as applicable. A pupil who is absent 2 from any of the classes in which the pupil is enrolled on the 3 pupil membership count day or supplemental count day and who does 4 not attend each of those classes during the 10 consecutive school 5 days immediately following the pupil membership count day or sup- 6 plemental count day, except for a pupil who has been excused by 7 the district, shall not be counted as 1.0 full-time equated 8 membership. In addition, a pupil who is excused from attendance 9 on the pupil membership count day or supplemental count day and 10 who fails to attend each of the classes in which the pupil is 11 enrolled within 30 calendar days after the pupil membership count 12 day or supplemental count day shall not be counted as 1.0 13 full-time equated membership. Pupils not counted as 1.0 14 full-time equated membership due to an absence from a class shall 15 be counted as a prorated membership for the classes the pupil 16 attended. For purposes of this subsection, "class" means a 17 period of time in 1 day when pupils and a certificated teacher or 18 legally qualified substitute teacher are together and instruction 19 is taking place. 20 (9) "Rule" means a rule promulgated pursuant to the adminis- 21 trative procedures act of 1969, 1969 PA 306, MCL 24.201 to 22 24.328. 23 (10) "The revised school code" means 1976 PA 451, MCL 380.1 24 to 380.1852. 25 (11) "School fiscal year" means a fiscal year that commences 26 July 1 and continues through June 30. 02791'01 17 1 (12) "State board" means the state board of education. 2 (13) "Superintendent", unless the context clearly refers to 3 a district or intermediate district superintendent, means the 4 superintendent of public instruction described in section 3 of 5 article VIII of the state constitution of 1963. 6 (14) "Supplemental count day" means the day on which the 7 supplemental pupil count is conducted under section 6a. 8 (15) "Tuition pupil" means a pupil of school age attending 9 school in a district other than the pupil's district of residence 10 for whom tuition may be charged. Tuition pupil does not include 11 a pupil who is a special education pupil or a pupil described in 12 subsection (6)(d) to(k)(l). A pupil's district of residence 13 shall not require a high school tuition pupil, as provided under 14 section 111, to attend another school district after the pupil 15 has been assigned to a school district. 16 (16) "State school aid fund" means the state school aid fund 17 established in section 11 of article IX of the state constitution 18 of 1963. 19 (17) "Taxable value" means the taxable value of property as 20 determined under section 27a of the general property tax act, 21 1893 PA 206, MCL 211.27a. 22 (18) "Total state aid" or "total state school aid" means the 23 total combined amount of all funds due to a district, intermedi- 24 ate district, or other entity under all of the provisions of this 25 act. 02791'01 18 1 (19) "University school" means an instructional program 2 operated by a public university under section 23 that meets the 3 requirements of section 23. 02791'01 Final page. TAV