HB-4787, As Passed Senate, December 9, 2009

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4787

A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending sections 5, 6, 449, 504, 507, 1246, 1280, 1311, and

1536 (MCL 380.5, 380.6, 380.449, 380.504, 380.507, 380.1246,

380.1280, 380.1311, and 380.1536), section 5 as amended by 2005 PA

61, sections 6, 504, and 1311 as amended by 2008 PA 1, section 449

as amended by 2004 PA 303, section 507 as amended by 1995 PA 289,

section 1246 as amended by 2004 PA 148, section 1280 as amended by

2006 PA 123, and section 1536 as added by 2006 PA 335, and by

adding sections 11c, 1249, 1280c, and 1280d and part 6e.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 5. (1) "Local act school district" or "special act school

district" means a district governed by a special or local act or

chapter of a local act. "Local school district" and "local school

district board" as used in article 3 include a local act school

district and a local act school district board.

(2) "Membership" means the number of full-time equivalent

pupils in a public school as determined by the number of pupils

registered for attendance plus pupils received by transfer and

minus pupils lost as defined by rules promulgated by the state

board.

(3) "Michigan election law" means the Michigan election law,

1954 PA 116, MCL 168.1 to 168.992.

(4) "Nonpublic school" means a private, denominational, or

parochial school.

(5) "Objectives" means measurable pupil academic skills and

knowledge.

(6) "Public school" means a public elementary or secondary

educational entity or agency that is established under this act,

has as its primary mission the teaching and learning of academic

and vocational-technical skills and knowledge, and is operated by a

school district, local act school district, special act school

district, intermediate school district, school of excellence,

public school academy corporation, strict discipline academy

corporation, urban high school academy corporation, or by the

department or state board. Public school also includes a laboratory

school or other elementary or secondary school that is controlled

and operated by a state public university described in section 4,

5, or 6 of article VIII of the state constitution of 1963.

(7) "Public school academy" means a public school academy

established under part 6a and, except as used in part 6a, also

includes an urban high school academy established under part 6c, a

school of excellence established under part 6e, and a strict

discipline academy established under sections 1311b to 1311l.

(8) "Pupil membership count day" of a school district means

that term as defined in section 6 of the state school aid act of

1979, MCL 388.1606.

(9) "Regular school election" or "regular election" means the

election held in a school district, local act school district, or

intermediate school district to elect a school board member in the

regular course of the terms of that office and held on the school

district's regular election date as determined under section 642 or

642a of the Michigan election law, MCL 168.642 and 168.642a.

(10) "Reorganized intermediate school district" means an

intermediate school district formed by consolidation or annexation

of 2 or more intermediate school districts under sections 701 and

702.

(11) "Rule" means a rule promulgated under the administrative

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

Sec. 6. (1) "School district" or "local school district" means

a general powers school district organized under this act,

regardless of previous classification, or a school district of the

first class.

(2) "School district filing official" means the school

district election coordinator as defined in section 4 of the

Michigan election law, MCL 168.4, or an authorized agent of the

school district election coordinator.

(3) "School elector" means a person qualified as an elector

under section 492 of the Michigan election law, MCL 168.492, and

resident of the school district or intermediate school district on

or before the thirtieth day before the next ensuing regular or

special school election.

(4) "School month" means a 4-week period of 5 days each unless

otherwise specified in the teacher's contract.

(5) "School of excellence" means a school of excellence

established under part 6e.

(6) ~~(5)~~ "Special education building and equipment" means a

structure or portion of a structure or personal property accepted,

leased, purchased, or otherwise acquired, prepared, or used for

special education programs and services.

(7) ~~(6)~~ "Special education personnel" means persons engaged in

and having professional responsibility for students with a

disability in special education programs and services including,

but not limited to, teachers, aides, school social workers,

diagnostic personnel, physical therapists, occupational therapists,

audiologists, teachers of speech and language, instructional media-

curriculum specialists, mobility specialists, teacher consultants,

supervisors, and directors.

(8) ~~(7)~~ "Special education programs and services" means

educational and training services designed for students with a

disability and operated by local school districts, local act school

districts, intermediate school districts, the Michigan schools for

the deaf and blind, the department of community health, the

department of human services, or a combination of these, and

ancillary professional services for students with a disability

rendered by agencies approved by the state board. The programs

shall include vocational training, but need not include academic

programs of college or university level.

(9) ~~(8)~~ "Special school election" or "special election" means

a school district election to fill a vacancy on the school board or

submit a ballot question to the school electors that is held on a

regular election date established under section 641 of the Michigan

election law, MCL 168.641.

(10) ~~(9)~~ "State approved nonpublic school" means a nonpublic

school that complies with 1921 PA 302, MCL 388.551 to 388.558.

(11) ~~(10)~~ "State board" means the state board of education

unless clearly otherwise stated.

(12) ~~(11)~~ "Student with a disability" means that term as

defined in R 340.1702 of the Michigan administrative code.

(13) ~~(12)~~ "Department" means the department of education

created and operating under sections 300 to 305 of the executive

organization act of 1965, 1965 PA 380, MCL 16.400 to 16.405.

(14) ~~(13)~~ "State school aid" means allotments from the general

appropriating act for the purpose of aiding in the support of the

public schools of the state.

(15) ~~(14)~~ "The state school aid act of 1979" means the state

school aid act of 1979, 1979 PA 94, MCL 388.1601 to 388.1772.

Sec. 11c. All powers and duties of the school board of a

general powers school district and of its officers are subject to

sections 1280, 1280c, and 1280d.

Sec. 449. (1) All powers and duties of the school board of the

first class school district and of its officers are subject to part

5a until January 1 following the expiration of 5 years after the

initial appointment of a school reform board in the school district

under part 5a.

(2) All powers and duties of the school board of the first

class school district and of its officers are subject to sections

1280, 1280c, and 1280d.

Sec. 504. (1) A public school academy may be located in all or

part of an existing public school building. A public school academy

shall not operate at a site other than the single site requested

for the configuration of grades that will use the site, as

specified in the application required under section 502 and in the

contract.

(2) A public school academy shall not charge tuition and shall

not discriminate in its pupil admissions policies or practices on

the basis of intellectual or athletic ability, measures of

achievement or aptitude, status as a student with a disability, or

any other basis that would be illegal if used by a school district.

However, a public school academy may limit admission to pupils who

are within a particular range of age or grade level or on any other

basis that would be legal if used by a school district and may give

enrollment priority as provided in subsection (4). At least

annually, a public school academy shall report to its authorizing

body and the department the number of students with a disability

enrolled in the public school academy and the services that are

being provided to them.

(3) Except for a foreign exchange student who is not a United

States citizen, a public school academy shall not enroll a pupil

who is not a resident of this state. Enrollment in the public

school academy may be open to all individuals who reside in this

state who meet the admission policy and shall be open to all pupils

who reside within the geographic boundaries, if any, of the

authorizing body as described in section 502(2)(a) to (c) who meet

the admission policy, except that admission to a public school

academy authorized by the board of a community college to operate,

or operated by the board of a community college, on the grounds of

a federal military installation, as described in section 502(2)(c),

shall be open to all pupils who reside in the county in which the

federal military installation is located. For a public school

academy authorized by a state public university, enrollment shall

be open to all pupils who reside in this state who meet the

admission policy. If Subject to subsection (4), if there are more

applications to enroll in the public school academy than there are

spaces available, pupils shall be selected to ~~attend~~ enroll using a

random selection process. ~~However, a public school academy may give~~

~~enrollment priority to a sibling of a pupil enrolled in the public~~

~~school academy.~~ A public school academy shall allow any pupil who

was enrolled in the public school academy in the immediately

preceding school year to enroll in the public school academy in the

appropriate grade unless the appropriate grade is not offered at

that public school academy.

(4) A public school academy may give enrollment priority to 1

or more of the following:

(a) A sibling of a pupil enrolled in the public school

academy.

(b) A pupil who transfers to the public school academy from

another public school academy pursuant to an agreement between the

public school academies that provides for this enrollment priority.

(5) ~~(4)~~ A public school academy may include any grade up to

grade 12 or any configuration of those grades, including

kindergarten and early childhood education, as specified in its

contract. If specified in its contract, a public school academy may

also operate an adult basic education program, adult high school

completion program, or general education development testing

preparation program. The authorizing body may approve amendment of

a contract with respect to ages of pupils or grades offered.

Sec. 507. (1) The authorizing body for a public school academy

is the fiscal agent for the public school academy. A state school

aid payment for a public school academy shall be paid to the

authorizing body that is the fiscal agent for that public school

academy, which shall then forward the payment to the public school

academy. An authorizing body has the responsibility to oversee a

public school academy's compliance with the contract and all

applicable law. A contract issued under this part may be revoked by

the authorizing body that issued the contract if the authorizing

body determines that 1 or more of the following has occurred:

(a) Failure of the public school academy to abide by and meet

the educational goals set forth in the contract.

(b) Failure of the public school academy to comply with all

applicable law.

accepted public sector accounting principles.

(d) The existence of 1 or more other grounds for revocation as

specified in the contract.

(2) If an authorizing body receives notice from the

superintendent of public instruction that a public school academy

that it authorized has been determined by the superintendent of

public instruction to be among the lowest achieving 5% of all

public schools in this state, as defined for the purposes of the

federal incentive grant program created under sections 14005 and

14006 of title XIV of the American recovery and reinvestment act of

2009, Public Law 111-5, the authorizing body may revoke the public

school academy's contract and the public school academy may be

closed.

(3) ~~(2)~~ The decision of an authorizing body to revoke a

contract under this section is solely within the discretion of the

authorizing body, is final, and is not subject to review by a court

or any state agency.

(4) An authorizing body that revokes a contract under this

section is not liable for that action to the public school academy,

public school academy corporation, a pupil of the public school

academy, the parent or guardian of a pupil of the public school

academy, or any other person.

PART 6E

SCHOOLS OF EXCELLENCE

Sec. 551. (1) A school of excellence is a public school under

section 2 of article VIII of the state constitution of 1963, is a

school district for the purposes of section 11 of article IX of the

state constitution of 1963 and for the purposes of section 1225 and

section 1351a, and is subject to the leadership and general

supervision of the state board over all public education under

section 3 of article VIII of the state constitution of 1963. A

school of excellence is a body corporate and is a governmental

agency. The powers granted to a school of excellence under this

part constitute the performance of essential public purposes and

governmental functions of this state.

(2) As used in this part:

(a) "Authorizing body" means any of the following that issues

a contract as provided in this part:

(i) The board of a school district that operates grades K to

12.

(ii) An intermediate school board.

(iii) The board of a community college.

(iv) The governing board of a state public university.

(b) "Certificated teacher" means an individual who holds a

valid teaching certificate issued by the superintendent of public

instruction under section 1531.

under the community college act of 1966, 1966 PA 331, MCL 389.1 to

389.195, or a federal tribally controlled community college that is

recognized under the tribally controlled community college

assistance act of 1978, Public Law 95-471, and is determined by the

department to meet the requirements for accreditation by a

recognized regional accrediting body.

(d) "Contract" means the executive act taken by an authorizing

body that evidences the authorization of a school of excellence and

that establishes, subject to the constitutional powers of the state

board and applicable law, the written instrument executed by an

authorizing body conferring certain rights, franchises, privileges,

and obligations on a school of excellence, as provided by this

part, and confirming the status of a school of excellence as a

public school in this state.

(e) "Cyber school" means a school of excellence established

under this part that has been issued a contract to be organized and

operated as a cyber school under section 553a and that provides

full-time instruction to pupils through online learning or

otherwise on a computer or other technology, which instruction and

learning may be remote from a school facility.

(f) "Entity" means a partnership, nonprofit or business

corporation, labor organization, or any other association,

corporation, trust, or other legal entity.

(g) "State public university" means a state university

described in section 4, 5, or 6 of article VIII of the state

constitution of 1963.

Sec. 552. (1) Except as otherwise provided in subsections (2)

and (3), an authorizing body shall not issue a contract to organize

and operate a school of excellence to a person or entity unless the

person or entity has, for at least the 3 school years immediately

preceding the date of the application, operated a public school

academy that has been given the highest designation by the

department under the state accountability system in effect in this

state for each of the 3 years immediately preceding the date of the

application.

(2) For a person or entity that does not meet the requirements

of subsection (1) but has operated a public school in another

state, an authorizing body may issue a contract to organize and

operate a school of excellence to the person or entity if the

person or entity has operated a public school in another state that

has been given the highest designation under that state's

accountability system for at least 3 consecutive years.

(3) For a person or entity that does not meet the requirements

of subsection (1) or (2), an authorizing body may issue up to 5

contracts per calendar year to a person or entity that does not

meet the requirements of subsection (1) or (2). However, all of the

following apply to contracts issued under this subsection:

(a) The combined total of contracts issued by all authorizing

bodies under this subsection shall not exceed a combined total of

25.

(b) At least 3 of the contracts issued under this subsection

shall be for schools of excellence that are cyber schools and that

meet all of the following additional requirements:

(i) Are available for enrollment to all pupils in this state.

(ii) Offer all of grades K to 12.

(iii) The entity organizing the school of excellence that is a

cyber school shall itself, or through a contract with another

entity, demonstrate the successful management and operation of a

cyber school in at least 5 other states, and be currently under

contract to manage or operate, or both, other cyber schools in the

United States that have a total of at least 10,000 students

enrolled.

(iv) The entity organizing the school of excellence that is a

cyber school shall demonstrate experience in serving urban and at-

risk student populations through an educational model involving a

significant cyber component.

contracts shall be issued under this subsection for schools of

excellence that are cyber schools to begin operating in the 2010-

2011 school year.

(4) A school of excellence shall be organized and administered

under the direction of a board of directors in accordance with this

part and with bylaws adopted by the board of directors. A school of

excellence shall be organized under the nonprofit corporation act,

1982 PA 162, MCL 450.2101 to 450.3192, except that a school of

excellence is not required to comply with sections 170 to 177 of

1931 PA 327, MCL 450.170 to 450.177. To the extent disqualified

under the state or federal constitution, a school of excellence

shall not be organized by a church or other religious organization

and shall not have any organizational or contractual affiliation

with or constitute a church or other religious organization.

(5) Any of the following may act as an authorizing body to

issue a contract to organize and operate 1 or more schools of

excellence under this part:

(a) The board of a school district that operates grades K to

12. However, the board of a school district shall not issue a

contract for a school of excellence to operate outside the school

district's boundaries, and a school of excellence authorized by the

board of a school district shall not operate outside that school

district's boundaries.

(b) An intermediate school board. However, the board of an

intermediate school district shall not issue a contract for a

school of excellence to operate outside the intermediate school

district's boundaries, and a school of excellence authorized by the

board of an intermediate school district shall not operate outside

that intermediate school district's boundaries.

otherwise provided in this subdivision, the board of a community

college shall not issue a contract for a school of excellence to

operate in a school district of the first class, a school of

excellence authorized by the board of a community college shall not

operate in a school district of the first class, the board of a

community college shall not issue a contract for a school of

excellence to operate outside the boundaries of the community

college district, and a school of excellence authorized by the

board of a community college shall not operate outside the

boundaries of the community college district. The board of a

community college also may issue a contract for not more than 1

school of excellence to operate on the grounds of an active or

closed federal military installation located outside the boundaries

of the community college district, or may operate a school of

excellence itself on the grounds of such a federal military

installation, if the federal military installation is not located

within the boundaries of any community college district and the

community college has previously offered courses on the grounds of

the federal military installation for at least 10 years.

(d) The governing board of a state public university.

(6) To obtain a contract to organize and operate 1 or more

schools of excellence, 1 or more persons or an entity may apply to

an authorizing body described in subsection (5). The application

shall include at least all of the following:

(a) Identification of the applicant for the contract.

(b) Subject to the resolution adopted by the authorizing body

under section 553(4), a list of the proposed members of the board

of directors of the school of excellence and a description of the

qualifications and method for appointment or election of members of

the board of directors.

include at least all of the following:

(i) The name of the proposed school of excellence.

(ii) The purposes for the school of excellence corporation.

This language shall provide that the school of excellence is

incorporated pursuant to this part and that the school of

excellence is a governmental entity.

(iii) The name of the authorizing body.

(iv) The proposed time when the articles of incorporation will

be effective.

(v) Other matters considered expedient to be in the articles

of incorporation.

(d) A copy of the proposed bylaws of the school of excellence.

(e) Documentation meeting the application requirements of the

authorizing body, including at least all of the following:

(i) The governance structure of the school of excellence.

(ii) A copy of the educational goals of the school of

excellence and the curricula to be offered and methods of pupil

assessment to be used by the school of excellence. To the extent

applicable, the progress of the pupils in the school of excellence

shall be assessed using at least a Michigan education assessment

program (MEAP) test or the Michigan merit examination under section

1279g.

(iii) The admission policy and criteria to be maintained by the

school of excellence. The admission policy and criteria shall

comply with section 556. This part of the application also shall

include a description of how the applicant will provide to the

general public adequate notice that a school of excellence is being

created and adequate information on the admission policy, criteria,

and process.

(iv) Except for an application for a cyber school, the school

calendar and school day schedule.

(v) The age or grade range of pupils to be enrolled.

(f) Descriptions of staff responsibilities and of the school

of excellence governance structure.

(g) For an application to the board of a school district, an

intermediate school board, or board of a community college,

identification of the local and intermediate school districts in

which the school of excellence will be located.

(h) An agreement that the school of excellence will comply

with the provisions of this part and, subject to the provisions of

this part, with all other state law applicable to public bodies and

with federal law applicable to public bodies or school districts.

(i) For a school of excellence authorized by a school

district, an assurance that employees of the school of excellence

will be covered by the collective bargaining agreements that apply

to other employees of the school district employed in similar

classifications in schools that are not schools of excellence.

(j) A description of and address for the proposed physical

plant in which the school of excellence will be located.

(7) An authorizing body shall oversee, or shall contract with

an intermediate school district, community college, or state public

university to oversee, each school of excellence operating under a

contract issued by the authorizing body. The oversight shall be

sufficient to ensure that the authorizing body can certify that the

school of excellence is in compliance with statute, rules, and the

terms of the contract.

(8) If the state board finds that an authorizing body is not

engaging in appropriate continuing oversight of 1 or more schools

of excellence operating under a contract issued by the authorizing

body, the state board may suspend the power of the authorizing body

to issue new contracts to organize and operate schools of

excellence. A contract issued by the authorizing body during the

suspension is void. A contract issued by the authorizing body

before the suspension is not affected by the suspension.

(9) An authorizing body shall not charge a fee, or require

reimbursement of expenses, for considering an application for a

contract, for issuing a contract, or for providing oversight of a

contract for a school of excellence in an amount that exceeds a

combined total of 3% of the total state school aid received by the

school of excellence in the school year in which the fees or

expenses are charged. An authorizing body may provide other

services for a school of excellence and charge a fee for those

services, but shall not require such an arrangement as a condition

to issuing the contract authorizing the school of excellence.

(10) A school of excellence shall be presumed to be legally

organized if it has exercised the franchises and privileges of a

public school academy for at least 2 years.

Sec. 553. (1) An authorizing body is not required to issue a

contract to any person or entity. Schools of excellence contracts

shall be issued on a competitive basis taking into consideration

the resources available for the proposed school of excellence, the

population to be served by the proposed school of excellence, and

the educational goals to be achieved by the proposed school of

excellence. An authorizing body may give priority to a person or

entity that applies to organize and operate a cyber school.

(2) If a person or entity applies to the board of a school

district for a contract to organize and operate 1 or more schools

of excellence within the boundaries of the school district and the

board does not issue the contract, the person or entity may

petition the board to place the question of issuing the contract on

the ballot to be decided by the school electors of the school

district. The petition shall contain all of the information

required to be in the contract application under section 552 and

shall be signed by a number of school electors of the school

district equal to at least 15% of the total number of school

electors of that school district. The petition shall be filed with

the school district filing official. If the board receives a

petition meeting the requirements of this subsection, the board

shall have the question of issuing the contract placed on the

ballot at its next regular school election held at least 60 days

after receiving the petition. If a majority of the school electors

of the school district voting on the question vote to issue the

contract, the board shall issue the contract.

(3) Within 10 days after issuing a contract for a school of

excellence, the authorizing body shall submit to the superintendent

of public instruction a copy of the contract and of the application

under section 552.

(4) An authorizing body shall adopt a resolution establishing

the method of selection, length of term, and number of members of

the board of directors of each school of excellence subject to its

jurisdiction.

(5) A contract issued to organize and administer a school of

excellence shall contain at least all of the following:

(a) The educational goals the school of excellence is to

achieve and the methods by which it will be held accountable. To

the extent applicable, the pupil performance of a school of

excellence shall be assessed using at least a Michigan education

assessment program (MEAP) test or the Michigan merit examination

under section 1279g.

(b) A description of the method to be used to monitor the

school of excellence's compliance with applicable law and its

performance in meeting its targeted educational objectives.

during the term of the contract.

(d) All of the matters set forth in the application for the

contract.

(e) For a school of excellence authorized by a school

district, an agreement that employees of the school of excellence

will be covered by the collective bargaining agreements that apply

to employees of the school district employed in similar

classifications in schools that are not schools of excellence.

(f) Procedures for revoking the contract and grounds for

revoking the contract, including at least the grounds listed in

section 561.

(g) A description of and address for the proposed physical

plant in which the school of excellence will be located.

(h) Requirements and procedures for financial audits. The

financial audits shall be conducted at least annually by a

certified public accountant in accordance with generally accepted

governmental auditing principles.

(6) A school of excellence shall comply with all applicable

law, including all of the following:

(a) The open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

(b) The freedom of information act, 1976 PA 442, MCL 15.231 to

15.246.

(d) 1965 PA 166, MCL 408.551 to 408.558.

(e) Sections 1134, 1135, 1146, 1153, 1263(3), 1267, and 1274.

(7) A school of excellence and its incorporators, board

members, officers, employees, and volunteers have governmental

immunity as provided in section 7 of 1964 PA 170, MCL 691.1407. An

authorizing body and its board members, officers, and employees are

immune from civil liability, both personally and professionally,

for an act or omission in authorizing a school of excellence if the

authorizing body or the person acted or reasonably believed he or

she acted within the authorizing body's or the person's scope of

authority.

(8) A school of excellence is exempt from all taxation on its

earnings and property. Instruments of conveyance to or from a

school of excellence are exempt from all taxation including taxes

imposed by 1966 PA 134, MCL 207.501 to 207.513. A school of

excellence may not levy ad valorem property taxes or another tax

for any purpose. However, operation of 1 or more schools of

excellence by a school district or intermediate school district

does not affect the ability of the school district or intermediate

school district to levy ad valorem property taxes or another tax.

(9) A school of excellence may acquire by purchase, gift,

devise, lease, sublease, installment purchase agreement, land

contract, option, or by any other means, hold, and own in its own

name buildings and other property for school purposes, and

interests therein, and other real and personal property, including,

but not limited to, interests in property subject to mortgages,

security interests, or other liens, necessary or convenient to

fulfill its purposes. For the purposes of condemnation, a school of

excellence may proceed under the uniform condemnation procedures

act, 1980 PA 87, MCL 213.51 to 213.75, excluding sections 6 to 9 of

that act, MCL 213.56 to 213.59, or other applicable statutes, but

only with the express, written permission of the authorizing body

in each instance of condemnation and only after just compensation

has been determined and paid.

Sec. 553a. (1) An authorizing body may issue a contract to

establish a school of excellence that is a cyber school. A cyber

school shall provide full-time instruction to pupils through online

learning or otherwise on a computer or other technology, and this

instruction and learning may occur remote from a school facility.

(2) A contract for a school of excellence that is a cyber

school shall include all of the provisions required under section

553 and all of the following:

(a) A requirement that a teacher who holds appropriate

certification according to state board rule will be responsible for

all of the following for each course in which a pupil is enrolled:

(i) Improving learning by planned instruction.

(ii) Diagnosing the pupil's learning needs.

(iii) Assessing learning, assigning grades, and determining

advancement.

(iv) Reporting outcomes to administrators and parents or legal

guardians.

(b) A requirement that the cyber school will make educational

services available to pupils for a minimum of at least 1,098 hours

during a school year and will ensure that each pupil participates

in the educational program for at least 1,098 hours during a school

year.

(3) Notwithstanding any other provision of this act or any

rule, if a school of excellence that is a cyber school is in

compliance with the requirements of subsection (2)(a) regarding a

certificated teacher, any other adult assisting with the oversight

of a pupil during the pupil's participation in the cyber school's

education program is not required to be a certificated teacher or

an employee of the authorizing body.

(4) Notwithstanding any rule to the contrary, a cyber school

is not required to comply with any rule that would require a

pupil's physical presence or attendance in a classroom or that is

otherwise inconsistent with a pupil's participation in an online,

remote education program, including, but not limited to, R 340.10

and R 340.11 of the Michigan administrative code. Further, the

superintendent of public instruction shall waive any other

provision of this act, of the state school aid act of 1979, or of

the Michigan administrative code that would otherwise interfere

with the operation or funding of a cyber school as described in

this section.

(5) At the end of a cyber school's second full school year of

operations, the authorizing body of a school of excellence that is

a cyber school shall submit to the superintendent of public

instruction and the legislature, in the form and manner prescribed

by the superintendent of public instruction, a report detailing the

operation of the cyber school, providing statistics on pupil

participation and academic performance, and making recommendations

for any further statutory or rule changes related to cyber schools

and online learning in this state.

Sec. 554. If a school district or intermediate school district

applies for and obtains a contract to operate 1 or more schools of

excellence under this part, the power of the school district or

intermediate school district to levy taxes for any purpose under

this act is not affected by the operation of a school of excellence

by the school district or intermediate school district. Revenue

from taxes levied by a school district or intermediate school

district under this act or bonds issued by a school district or

intermediate school district under this act may be used to support

the operation or facilities of a school of excellence operated by

the school district or intermediate school district in the same

manner as that revenue may be used under this act by the school

district or intermediate school district to support school district

or intermediate school district operations and facilities. This

section does not authorize a school district or intermediate school

district to levy taxes or to issue bonds for any purpose that is

not otherwise authorized under this act.

Sec. 555. (1) An agreement, mortgage, loan, or other

instrument of indebtedness entered into by a school of excellence

and a third party does not constitute an obligation, either

general, special, or moral, of this state or an authorizing body.

The full faith and credit or the taxing power of this state or any

agency of this state, or the full faith and credit of an

authorizing body, may not be pledged for the payment of any school

of excellence bond, note, agreement, mortgage, loan, or other

instrument of indebtedness.

(2) This part does not impose any liability on this state or

on an authorizing body for any debt incurred by a school of

excellence.

Sec. 556. (1) A school of excellence may be located in all or

part of an existing public school building. A school of excellence,

other than a cyber school operated under section 553a, shall not

operate at a site other than the single site requested for the

configuration of grades that will use the site, as specified in the

application required under section 552 and in the contract.

(2) A school of excellence shall not charge tuition and shall

not discriminate in its pupil admissions policies or practices on

the basis of intellectual or athletic ability, measures of

achievement or aptitude, status as a student with a disability, or

any other basis that would be illegal if used by a school district.

However, a school of excellence may limit admission to pupils who

are within a particular range of age or grade level or on any other

basis that would be legal if used by a school district.

(3) Except for a foreign exchange student who is not a United

States citizen, a school of excellence shall not enroll a pupil who

is not a resident of this state. Enrollment in the school of

excellence may be open to all individuals who reside In this state

who meet the admission policy and shall be open to all pupils who

reside within the geographic boundaries, if any, of the authorizing

body as described in section 552(5)(a) to (c) who meet the

admission policy, except that admission to a school of excellence

authorized by the board of a community college to operate, or

operated by the board of a community college, on the grounds of a

federal military installation, as described in section 552(5)(c),

shall be open to all pupils who reside in the county in which the

federal military installation is located. For a school of

excellence authorized by a state public university, enrollment

shall be open to all pupils who reside in this state who meet the

admission policy. If there are more applications to enroll in the

school of excellence than there are spaces available, pupils shall

be selected to attend using a random selection process. However, a

school of excellence may give enrollment priority to a sibling of a

pupil enrolled in the school of excellence. A school of excellence

shall allow any pupil who was enrolled in the school of excellence

in the immediately preceding school year to enroll in the school of

excellence in the appropriate grade unless the appropriate grade is

not offered at that school of excellence.

(4) If a school of excellence is a cyber school and its

authorizing body is a school district or intermediate school

district, the school of excellence shall give enrollment priority

to pupils who reside in the school district or intermediate school

district that is the authorizing body.

(5) A school of excellence may include any grade up to grade

12 or any configuration of those grades, including kindergarten and

early childhood education, as specified in its contract. If

specified in its contract, a school of excellence may also operate

an adult basic education program, adult high school completion

program, or general education development testing preparation

program. The authorizing body may approve amendment of a contract

with respect to ages of pupils or grades offered.

Sec. 557. In addition to other powers set forth in this part,

a school of excellence may take action to carry out the purposes

for which it was incorporated under this part, including, but not

limited to, all of the following:

(a) To sue and be sued in its name.

(b) Subject to section 555, to acquire, hold, and own in its

own name real and personal property, or interests in real or

personal property, for educational purposes by purchase, gift,

grant, devise, bequest, lease, sublease, installment purchase

agreement, land contract, option, or condemnation, and subject to

mortgages, security interests, or other liens; and to sell or

convey the property as the interests of the school of excellence

require.

purposes.

(d) To enter into binding legal agreements with persons or

entities as necessary for the operation, management, financing, and

maintenance of the school of excellence.

(e) To incur temporary debt in accordance with section 1225.

(f) To solicit and accept any grants or gifts for educational

purposes and to establish or permit to be established on its behalf

1 or more nonprofit corporations the purpose of which is to assist

the school of excellence in the furtherance of its public purposes.

(g) To borrow money and issue bonds in accordance with section

1351a and in accordance with part VI of the revised municipal

finance act, 2001 PA 34, MCL 141.2601 to 141.2613, except that the

borrowing of money and issuance of bonds by a school of excellence

is not subject to section 1351a(4) or section 1351(2) to (4). Bonds

issued under this section shall be full faith and credit

obligations of the school of excellence, pledging the general funds

or any other money available for such a purpose. Bonds issued under

this section are subject to the revised municipal finance act, 2001

PA 34, MCL 141.2101 to 141.2821.

Sec. 558. If a school of excellence is operated by a school

district that is subject to a court desegregation order, pupil

selection at the school of excellence is subject to that order.

Sec. 559. (1) Except as otherwise provided by law, and except

as otherwise provided under section 553a for a cyber school, a

school of excellence shall use certificated teachers according to

state board rule.

(2) A school of excellence operated by a state public

university or community college may use noncertificated individuals

to teach as follows:

(a) If the school of excellence is operated by a state public

university, the school of excellence may use as a classroom teacher

in any grade a faculty member who is employed full-time by the

state public university and who has been granted institutional

tenure, or has been designated as being on tenure track, by the

state public university.

(b) For a school of excellence operated by a community

college, the school of excellence may use as a classroom teacher a

full-time member of the community college faculty who has at least

5 years' experience at that community college in teaching the

subject matter that he or she is teaching at the school of

excellence.

permitted under this act to use noncertificated teachers.

(3) A school of excellence may develop and implement new

teaching techniques or methods or significant revisions to known

teaching techniques or methods, and shall report those to the

authorizing body and state board to be made available to the

public. A school of excellence may use any instructional technique

or delivery method that may be used by a school district.

Sec. 560. A school of excellence, with the approval of the

authorizing body, may employ or contract with personnel as

necessary for the operation of the school of excellence, prescribe

their duties, and fix their compensation. A school of excellence

may implement and maintain a method of compensation for its

employees that is based on job performance, job accomplishments,

and job assignment in a subject area or school that is difficult to

find employees to staff.

Sec. 560a. If the board of directors of a school of excellence

provides medical, optical, or dental benefits to employees and

their dependents, the board of directors shall provide those

benefits in accordance with the public employees health benefit

act, 2007 PA 106, MCL 124.71 to 124.85, and shall comply with that

act.

Sec. 561. (1) The authorizing body for a school of excellence

is the fiscal agent for the school of excellence. A state school

aid payment for a school of excellence shall be paid to the

authorizing body that is the fiscal agent for that school of

excellence, which shall then forward the payment to the school of

excellence. An authorizing body has the responsibility to oversee a

school of excellence's compliance with the contract and all

applicable law. A contract issued under this part may be revoked by

the authorizing body that issued the contract if the authorizing

body determines that 1 or more of the following have occurred:

(a) Failure of the school of excellence to abide by and meet

the educational goals set forth in the contract.

(b) Failure of the school of excellence to comply with all

applicable law.

accepted public sector accounting principles.

(d) The existence of 1 or more other grounds for revocation as

specified in the contract.

(2) If an authorizing body receives notice from the

superintendent of public instruction that a school of excellence

that it authorized has been determined by the superintendent of

public instruction to be among the lowest achieving 5% of all

public schools in this state, as defined for the purposes of the

federal incentive grant program created under sections 14005 and

14006 of title XIV of the American recovery and reinvestment act of

2009, Public Law 111-5, the authorizing body may revoke the school

of excellence's contract and the school of excellence may be

closed.

(3) The decision of an authorizing body to revoke a contract

under this section is solely within the discretion of the

authorizing body, is final, and is not subject to review by a court

or any state agency.

(4) An authorizing body that revokes a contract under this

section is not liable for that action to the school of excellence,

school of excellence corporation, a pupil of the school of

excellence, the parent or guardian of a pupil of the school of

excellence, or any other person.

Sec. 1246. (1) A school district, public school academy, or

intermediate school district shall not continue to employ a person

as a superintendent, principal, assistant principal, or other

person whose primary responsibility is administering instructional

programs or as a chief business official unless the person meets 1

or more of the following requirements, as applicable:

(a) For a superintendent, principal, assistant principal, or

other person whose primary responsibility is administering

instructional programs, or a chief business official, who was

employed as a school administrator in this state on or before the

effective date of the amendatory act that added this subdivision,

has completed the continuing education requirements prescribed by

rule under subsection (2).

(b) Subject to subsection (3), for a superintendent,

principal, assistant principal, or other person whose primary

responsibility is administering instructional programs and who is

initially employed as a school administrator in this state after

the effective date of the amendatory act that added this

subdivision, meets 1 of the following:

(i) Possesses a valid Michigan school administrator's

certificate issued under section 1536.

(ii) Possesses an earned advanced degree in a subject area

approved by the state board.

(2) The superintendent of public instruction shall promulgate

rules establishing continuing education requirements as a condition

for continued employment for persons ~~employed in positions~~

described in subsection ~~(1)~~ (1)(a). The rules shall prescribe a

minimum amount of continuing education that shall be completed

within 5 years after initial employment and shall be completed each

subsequent 5-year period to meet the requirements of subsection ~~(1)~~

(1)(a) for continued employment.

(3) A school district, public school academy, or intermediate

school district may employ as a superintendent, principal,

assistant principal, or other person whose primary responsibility

is administering instructional programs a person who is enrolled in

a program leading to certification as a school administrator under

section 1536 not later than 6 months after the effective date of

the amendatory act that added this subsection or 6 months after he

or she begins the employment, whichever is later. A person employed

as a school administrator pursuant to this subsection has 3 years

to meet the certification requirements of section 1536, or the

school district, public school academy, or intermediate school

district shall not continue to employ the person as a school

administrator described in this subsection.

Sec. 1249. The board of a school district or intermediate

school district or board of directors of a public school academy

shall adopt and implement for all teachers and school

administrators a rigorous, transparent, and fair performance

evaluation system that does all of the following:

(a) Differentiates effectiveness using multiple rating

categories that take into account data on student growth as a

significant factor.

(b) Is designed and developed with teacher and principal

involvement.

Sec. 1280. (1) The board of a school district that does not

want to be subject to the measures described in this section shall

ensure that each public school within the school district is

accredited.

(2) As used in subsection (1), and subject to subsection (6),

"accredited" means certified by the superintendent of public

instruction as having met or exceeded standards established under

this section for 6 areas of school operation: administration and

school organization, curricula, staff, school plant and facilities,

school and community relations, and school improvement plans and

student performance. The building-level evaluation used in the

accreditation process shall include, but is not limited to, school

data collection, self-study, visitation and validation,

determination of performance data to be used, and the development

of a school improvement plan.

(3) The department shall develop and distribute to all public

schools proposed accreditation standards. Upon distribution of the

proposed standards, the department shall hold statewide public

hearings for the purpose of receiving testimony concerning the

standards. After a review of the testimony, the department shall

revise and submit the proposed standards to the superintendent of

public instruction. After a review and revision, if appropriate, of

the proposed standards, the superintendent of public instruction

shall submit the proposed standards to the senate and house

committees that have the responsibility for education legislation.

Upon approval by these committees, the department shall distribute

to all public schools the standards to be applied to each school

for accreditation purposes. The superintendent of public

instruction shall review and update the accreditation standards

annually using the process prescribed under this subsection.

(4) The superintendent of public instruction shall develop and

distribute to all public schools standards for determining that a

school is eligible for summary accreditation under subsection (6).

The standards shall be developed, reviewed, approved, and

distributed using the same process as prescribed in subsection (3)

for accreditation standards, and shall be finally distributed and

implemented not later than December 31, 1994.

(5) The standards for accreditation or summary accreditation

under this section shall include as criteria pupil performance on

Michigan education assessment program (MEAP) tests and on the

Michigan merit examination under section 1279g, ~~and, until the~~

~~Michigan merit examination has been fully implemented, the~~

~~percentage of pupils achieving state endorsement under section~~

~~1279,~~ but shall not be based solely on pupil performance on MEAP

tests or the Michigan merit examination. ~~or on the percentage of~~

~~pupils achieving state endorsement under section 1279.~~ The

standards shall also include as criteria multiple year change in

pupil performance on MEAP tests and the Michigan merit examination.

~~and, until after the Michigan merit examination is fully~~

~~implemented, multiple year change in the percentage of pupils~~

~~achieving state endorsement under section 1279.~~ If it is necessary

for the superintendent of public instruction to revise

accreditation or summary accreditation standards established under

subsection (3) or (4) to comply with this subsection, the revised

standards shall be developed, reviewed, approved, and distributed

using the same process as prescribed in subsection (3).

(6) If the superintendent of public instruction determines

that a public school has met the standards established under

subsection (4) or (5) for summary accreditation, the school is

considered to be accredited without the necessity for a full

building-level evaluation under subsection (2).

(7) If the superintendent of public instruction determines

that a school has not met the standards established under

subsection (4) or (5) for summary accreditation but that the school

is making progress toward meeting those standards, or if, based on

a full building-level evaluation under subsection (2), the

superintendent of public instruction determines that a school has

not met the standards for accreditation but is making progress

toward meeting those standards, the school is in interim status and

is subject to a full building-level evaluation as provided in this

section.

(8) If a school has not met the standards established under

subsection (4) or (5) for summary accreditation and is not eligible

for interim status under subsection (7), the school is unaccredited

and subject to the measures provided in this section.

(9) ~~Beginning with the 2002-2003 school year, if~~ If at least

5% of a public school's answer sheets from the administration of

the Michigan educational assessment program (MEAP) tests are lost

by the department or by a state contractor and if the public school

can verify that the answer sheets were collected from pupils and

forwarded to the department or the contractor, the department shall

not assign an accreditation score or school report card grade to

the public school for that subject area for the corresponding year

for the purposes of determining state accreditation under this

section. The department shall not assign an accreditation score or

school report card grade to the public school for that subject area

until the results of all tests for the next year are available.

(10) Subsection (9) does not preclude the department from

determining whether a public school or a school district has

achieved adequate yearly progress for the school year in which the

answer sheets were lost for the purposes of the no child left

behind act of 2001, Public Law 107-110. However, the department

shall ensure that a public school or the school district is not

penalized when determining adequate yearly progress status due to

the fact that the public school's MEAP answer sheets were lost by

the department or by a state contractor, but shall not require a

public school or school district to retest pupils or produce scores

from another test for this purpose.

(11) The superintendent of public instruction shall annually

review and evaluate for accreditation purposes the performance of

each school that is unaccredited and as many of the schools that

are in interim status as permitted by the department's resources.

(12) The superintendent of public instruction shall, and the

intermediate school district to which a school district is

constituent, a consortium of intermediate school districts, or any

combination thereof may, provide technical assistance, as

appropriate, to a school that is unaccredited or that is in interim

status upon request of the board of the school district in which

the school is located. If requests to the superintendent of public

instruction for technical assistance exceed the capacity, priority

shall be given to unaccredited schools.

(13) ~~A school that~~ If the superintendent of public instruction

determines that a public school has been unaccredited for 3

consecutive years ~~is subject to~~ or is among the lowest achieving 5%

of all public schools in this state, as defined for the purposes of

the federal incentive grant program created under sections 14005

and 14006 of title XIV of the American recovery and reinvestment

act of 2009, Public Law 111-5, known as the "race to the top" grant

program, then the superintendent of public instruction may issue an

order imposing 1 or more of the following measures, as determined

by the superintendent of public instruction:

(a) The superintendent of public instruction or his or her

designee ~~shall~~ may appoint at the expense of the affected school

district an administrator of the school until the school becomes

accredited.

(b) A parent, legal guardian, or person in loco parentis of a

child who attends the school may send his or her child to any

accredited public school with an appropriate grade level within the

school district.

board or board of directors that operates the school ~~, with the~~

~~approval of the superintendent of public instruction, shall~~ to

align ~~itself~~ the school with an existing research-based school

improvement model or establish an affiliation for providing

assistance to the school with a college or university located in

this state, as approved by the superintendent of public

instruction.

(d) ~~The school shall be closed.~~ The superintendent of public

instruction may take action to implement for the school any of the

4 school intervention models that are provided for the lowest

achieving schools under the federal incentive grant program created

under sections 14005 and 14006 of title XIV of the American

recovery and reinvestment act of 2009, Public Law 111-5, known as

the "race to the top" grant program. These models are the

turnaround model, restart model, school closure, and transformation

model.

(14) The superintendent of public instruction shall evaluate

the school accreditation program and the status of schools under

this section and shall submit an annual report based upon the

evaluation to the senate and house committees that have the

responsibility for education legislation. The report shall address

the reasons each unaccredited school is not accredited and shall

recommend legislative action that will result in the accreditation

of all public schools in this state.

(15) Beginning with the 2008-2009 school year, a high school

shall not be accredited by the department unless the department

determines that the high school is providing or has otherwise

ensured that all pupils have access to all of the elements of the

curriculum required under sections 1278a and 1278b. If it is

necessary for the superintendent of public instruction to revise

accreditation or summary accreditation standards established under

subsection (3) or (4) to comply with the changes made to this

section by the amendatory act that added this subsection, the

revised standards shall be developed, reviewed, approved, and

distributed using the same process as prescribed in subsection (3).

(16) As soon as practicable after the federal department of

education has adopted the final work rules and formula for

identifying the lowest achieving 5% of all public schools in this

state for the purposes of the federal incentive grant program

created under sections 14005 and 14006 of title XIV of the American

recovery and reinvestment act of 2009, Public Law 111-5, known as

the "race to the top" grant program, the department shall post all

of the following on its website:

(a) The federal work rules and formula.

(b) A list of the public schools in this state that have been

identified for these purposes as being among the lowest achieving

5% of all public schools in this state. The department shall update

this list as it considers appropriate.

(17) If a school on the list posted by the superintendent of

public instruction under subsection (16) is a public school

academy, the superintendent of public instruction immediately shall

notify the public school academy's authorizing body that the school

has been identified for these purposes as being among the lowest

achieving 5% of all public schools in this state. The public school

academy's authorizing body may revoke the public school academy's

contract, and the public school academy may be closed.

Sec. 1280c. (1) Beginning after the 2010-2011 school year, if

the superintendent of public instruction determines that 25% or

more of the pupils in membership in a school district are enrolled

in 1 or more schools that have been determined by the

superintendent of public instruction to be among the lowest

achieving 5% of all public schools in this state, as defined for

the purposes of the federal incentive grant program created under

sections 14005 and 14006 of title XIV of the American recovery and

reinvestment act of 2009, Public Law 111-5, then the superintendent

of public instruction shall issue an order designating the school

district as a turnaround school district and shall take measures

under subsection (3) with respect to the school district, as

applicable. The superintendent of public instruction shall issue

the order designating a school district as a turnaround school

district within 15 days after he or she determines that the public

school meets the criteria under this subsection.

(2) Within 15 days after issuing an order under subsection

(1), the superintendent of public instruction shall appoint a

review team to conduct an evaluation of the turnaround school

district. All of the following apply to this review team:

(a) The review team shall consist of at least a teacher who is

not employed by the turnaround school district, a support staff

member who is not employed by the turnaround school district, a

parent who does not have a child enrolled in the turnaround school

district, a school administrator who is not employed by the

turnaround school district, a school board member, a teacher

employed by the turnaround school district, a representative of the

intermediate school district in which the turnaround school

district is located, a member of the local community, and another

designee of the superintendent of public instruction. A member of

the review team serves at the pleasure of the superintendent of

public instruction and may be removed and replaced by the

superintendent of public instruction.

(b) The review team's evaluation shall focus on issues at both

the school district level and school building level and shall

cover, at a minimum, pupil performance on state assessments,

standards and expectations, curriculum, instruction, time on task,

learning environment, prevalence of transient pupils, parental

involvement, community involvement, staff development, planning and

assessment, and governance and leadership.

shall submit a report to the superintendent of public instruction

based on its evaluation that identifies the reasons for the low

achievement within the school district and contains recommendations

on the measures that the superintendent of public instruction and

the chief educational officer appointed under subsection (3) should

take under this section with regard to the turnaround school

district.

(d) The review team shall reevaluate the turnaround school

district at least annually to monitor the progress being made in

implementing the recommendations contained in the review team's

evaluation report.

(e) The board of a turnaround school district shall cooperate

fully with a review team appointed under this subsection.

(3) If the superintendent of public instruction issues an

order designating a school district as a turnaround school district

under subsection (1), then within 60 days after receiving the

evaluation report from the review team under subsection (2), the

superintendent of public instruction shall issue an order

appointing a chief educational officer for the turnaround school

district. The chief educational officer shall take control of the

turnaround school district and operate it as provided under this

section.

(4) If the superintendent of public instruction appoints a

chief educational officer for a turnaround school district under

subsection (3), all of the following apply:

(a) The chief educational officer shall carry out the

functions under this section and as otherwise prescribed by law.

All of the following apply to the appointment:

(i) The chief educational officer shall be chosen solely on the

basis of his or her competence and experience either in educational

reform and redesign and improving pupil achievement or in business

and fiscal matters. If the chief educational officer is chosen

based on his or her experience and competence in business and

fiscal matters, the chief educational officer, with the approval of

the superintendent of public instruction, shall hire an expert in

educational reform and redesign with a proven record of improving

pupil achievement to assist the chief educational officer in

operating the turnaround school district.

(ii) The chief educational officer or an assistant described in

subparagraph (i) shall not have been either an elected or appointed

official or employee of the school district for which he or she is

appointed for not less than 5 years before the appointment.

(iii) The superintendent of public instruction shall not serve

as a chief educational officer under this section.

(iv) The chief educational officer need not be a resident of

the school district for which he or she is appointed.

(v) The superintendent of public instruction shall enter into

a contract with the chief educational officer appointing the chief

educational officer for a term of at least 1 but not more than 3

years, as determined by the superintendent of public instruction.

Subject to subdivision (k), the superintendent of public

instruction may renew the appointment for 1 or more subsequent

terms of not more than 3 years, as determined by the superintendent

of public instruction.

(b) With respect to the turnaround school district, the chief

educational officer has all of the powers and duties described in

this section. All provisions of this act that would otherwise apply

to the school board that previously operated the turnaround school

district apply to the chief educational officer with respect to

that school district, except those relating to taxation or

borrowing. Subject to this section, the chief educational officer

may exercise all the powers and duties otherwise vested by law in

the school board that previously operated the turnaround school

district and in its officers, except those relating to taxation or

borrowing, and may exercise all additional powers and duties

provided under this section. Subject to this section, the chief

educational officer accedes to all the rights, duties, and

obligations of the school board. Other than taxation and borrowing

and specific powers and duties given to the school board under this

section, the school board's role is limited to acting as an

advisory board to the chief educational officer. The chief

educational officer's powers, rights, duties, and obligations

include, but are not limited to, all of the following:

(i) Authority over expenditure of all funds of the school

district, including proceeds from bonded indebtedness and other

funds dedicated to capital projects.

(ii) Subject to this section, rights and obligations under

collective bargaining agreements and employment contracts entered

into by the school board for employees of the school district.

(iii) Rights to prosecute and defend litigation.

(iv) Rights and obligations under statute, rule, and common

law.

(v) Subject to subsection (7), authority to delegate any of

the chief educational officer's powers and duties to 1 or more

designees, with proper supervision by the chief educational

officer.

(vi) Power to terminate any contract or portion of a contract

entered into by the school board. However, this subparagraph does

not allow any termination or diminishment of obligations to pay

debt service on legally authorized bonds and does not allow a

collective bargaining agreement to be affected except as provided

under this section. A contract terminated by the chief educational

officer under this subparagraph is void.

continued day-to-day operation of the turnaround school district.

The chief educational officer may modify school district policies

and renegotiate applicable collective bargaining agreements to

provide for any measures that the chief educational officer

determines to be necessary to achieve the educational goals

established by the chief educational officer. The policies that may

be modified or collective bargaining agreement provisions that may

be renegotiated under this subsection include, but are not limited

to, all of the following:

(i) That any contractual or other seniority system that would

otherwise be applicable shall not apply. This subparagraph does not

allow unilateral changes in pay scales or benefits.

(ii) That any contractual or other work rules the chief

educational officer determines to be impediments to achieving

satisfactory pupil performance shall not apply. This subparagraph

does not allow unilateral changes in pay scales or benefits.

(iii) That the chief educational officer shall direct the

expenditure of all funds of the school district, and the chief

educational officer shall have full autonomy and control over

curriculum and discretionary spending for the school district.

(d) For the purposes of collective bargaining under 1947 PA

336, MCL 423.201 to 423.217, the chief educational officer is the

public employer of the employees of the school district for as long

as the school district is operated by the chief educational

officer.

(e) Except as otherwise provided by law, an individual may be

employed to teach in the school district only if he or she holds a

valid Michigan teaching certificate.

(f) The chief educational officer shall report all of the

following to the superintendent of public instruction:

(i) The educational goals the turnaround school district is to

achieve and the methods by which it will be held accountable. To

the extent applicable, the pupil performance of a turnaround school

district shall be assessed using at least a Michigan education

assessment program (MEAP) test or the Michigan merit examination,

as applicable. At a minimum, the educational goals shall include

that at least 80% of the school district's pupils graduate from

high school or are determined by the department to be on track to

graduate from high school, the school district has at least 80%

average attendance, and, for a school district that operates a high

school, its pupils have an average score of at least 18 on the

college entrance examination component of the Michigan merit

examination.

(ii) A description of the method to be used to monitor the

turnaround school district's compliance with applicable law and its

performance in meeting its targeted educational objectives.

(g) The following powers concerning employees:

(i) The chief educational officer may remove a staff member

from a job assignment in the school district in accordance with any

applicable collective bargaining agreement, after any modification

of the collective bargaining agreement under this section, and

direct that he or she be assigned elsewhere in the school district.

(ii) The chief educational officer or other school leader

designated by the chief educational officer may hire and assign

employees to work in the school district.

(h) The school board of the turnaround school district shall

ensure that all of its school officials and employees cooperate

with the chief educational officer and with any educational

management entity managing the turnaround school district.

(i) The chief educational officer shall adopt and implement

for the turnaround school district a parent involvement plan

designed to encourage parental participation. This parent

involvement plan may be, but is not required to be, based on the

parent involvement plan previously implemented in the school

district under section 1294. The chief educational officer shall

provide a copy of the parent involvement plan to the parent or

legal guardian of each pupil enrolled in the school district and to

the superintendent of public instruction. The chief educational

officer may provide the copy of the plan by including the plan in

the student handbook or a similar publication that is distributed

to all pupils and parents.

(j) The chief educational officer shall establish a school

advisory council for the turnaround school district, as applicable,

consisting of parents and community leaders and shall meet with the

school advisory council periodically to receive their input. The

intermediate school district in which the turnaround school

district is located shall appoint a representative to the school

advisory council. The chief educational officer may also include on

the advisory council 1 or more pupils; representatives of local

community organizations that offer health, social, or educational

services; or representatives of local workforce development boards

or postsecondary institutions that serve the local community.

(k) If the superintendent of public instruction determines

that the turnaround school district has not met at least all of the

following after 3 full school years of being operated by a

particular chief educational officer, the superintendent of public

instruction shall appoint a new chief educational officer for the

school district as provided under this section:

(i) At least 1 of the following:

(A) The percentage of all pupils enrolled in the turnaround

school district who scored at least "proficient" on the most recent

Michigan education assessment program assessments or Michigan merit

examination, as applicable, for which results are available was at

least 30% in either mathematics or English language arts.

(B) The percentage of all pupils below the proficient

achievement level used for the federal pupil performance standard

decreased by at least 10% from the preceding year. Scores labeled

"provisionally proficient" are considered as proficient for these

purposes.

(ii) All of the following educational goals:

(A) At least 80% of the school district's pupils graduate from

high school or are determined by the department to be on track to

graduate from high school.

(B) The school district has at least 80% average attendance.

pupils have an average score of at least 18 on the college entrance

examination component of the Michigan merit examination.

(iii) The review team appointed under subsection (2) determines

in its annual reevaluations that the chief educational officer is

making satisfactory progress in implementing the recommendations in

the review team's initial evaluation report.

(5) The superintendent of public instruction may determine and

certify that the conditions for revoking the designation of a

school district as a turnaround school district have been met after

receiving a recommendation from the chief educational officer. The

chief educational officer may condition his or her recommendation

to the superintendent of public instruction upon the school board's

adoption of a resolution that will ensure that the goals and

methods of the chief educational officer, as reported to the

superintendent of public instruction under subsection (4)(f), will

be continued in the school district.

(6) The superintendent of public instruction shall do 1 of the

following:

(a) Create a high-performing school review team that evaluates

public school academies in this state and similar public schools in

other states to identify persons or entities that operate high-

performing public schools. The high-performing school review team

shall consist of at least teachers, school administrators, and

other educational experts. In identifying high-performing public

schools, the high-performing school review team shall take into

account the past academic performance of pupils at the school, past

grade offerings at the school, and the demographics of pupils at

the school.

(b) Contract with an entity to perform the functions under

subdivision (a).

(7) Subject to section 1280d, a chief educational officer may

contract with an educational management entity for the management

of the turnaround school district that the chief educational

officer operates, at the discretion of the chief educational

officer. The superintendent of public instruction shall use the

evaluations of the high-performing school review team or the

contracting entity under subsection (6) to solicit proposals from

educational management entities to manage turnaround school

districts. The superintendent of public instruction shall share

these proposals with the chief educational officers appointed by

the superintendent of public instruction under this section.

(8) Unless the legislature provides special funding, a chief

educational officer appointed under this section shall receive

compensation as established by the superintendent of public

instruction, and reimbursement for actual and necessary expenses,

from the turnaround school district, as approved by the

superintendent of public instruction. In addition to staff

otherwise authorized by law, with the approval of the

superintendent of public instruction, the chief educational officer

may appoint additional staff and secure professional assistance

considered necessary to implement this section. If the chief

educational officer was chosen based on his or her experience and

competence in business and fiscal matters, the chief educational

officer, with the approval of the superintendent of public

instruction, shall hire an expert in educational reform and

redesign with a proven record of improving pupil achievement to

assist the chief educational officer in operating the turnaround

school district.

(9) At least annually, the department shall publish a watch

list of public schools that are in danger of being determined to be

among the lowest achieving 5% of all public schools in this state,

as defined for the purposes of the federal incentive grant program

created under sections 14005 and 14006 of title XIV of the American

recovery and reinvestment act of 2009, Public Law 111-5. The

department shall include a public school on this watch list if the

department determines that a public school has been unaccredited

under section 1280 for 2 or more consecutive years or has failed to

achieve the federal pupil performance standard for 3 or more

consecutive years, and that the percentage of all pupils enrolled

in the public school who scored at least "proficient" on the most

recent Michigan education assessment program assessments or

Michigan merit examination, as applicable, for which results are

available was less than 45% in both mathematics and English

language arts, and may include other public schools if the

department determines that there are other reasons why they are in

danger of being determined to be among the lowest achieving 5% of

all public schools in this state, as defined for the purposes of

the federal incentive grant program created under sections 14005

and 14006 of title XIV of the American recovery and reinvestment

act of 2009, Public Law 111-5.

(10) If a public school is included on the watch list under

subsection (9), the department shall notify the school board or

board of directors that operates the public school, the collective

bargaining representatives of all collective bargaining units with

members who work at the school or who are employed by that school

board or board of directors, and the intermediate school district

in which the public school is located. The school board or board of

directors shall notify employees and parent organizations of the

school district or public school academy that the school has been

placed on this watch list and shall publish a notice to this effect

on its website. The school board or board of directors shall ensure

that appropriate personnel of the school district or school meet

with the intermediate school district in which the public school is

located to develop a plan to implement measures at the public

school that are designed to enable the public school to make the

necessary improvement to be removed from the watch list.

(11) For the purposes of this section, the superintendent of

public instruction is encouraged to consider taking measures to

increase the number of qualified school counselors serving a

turnaround school district to ensure that there is at least 1

qualified school counselor for every 250 pupils. If federal funds

become available to support the placement of additional qualified

school counselors for a turnaround school district, the department

shall notify the chief educational officer operating the turnaround

school district about these funds and shall take steps as necessary

to facilitate the procurement of these funds for the turnaround

school district.

(12) If the superintendent of public instruction determines

that the resources available to the department are insufficient to

address all of the school districts described in subsection (1),

the superintendent of public instruction shall prioritize his or

her efforts by addressing the 30 lowest-performing school districts

during the 2011-2012 school year and 30 additional school districts

each subsequent school year until all of the school districts

described in subsection (1) have been addressed.

(13) At least quarterly, the superintendent of public

instruction shall submit a report to the standing committees of the

senate and house of representatives having jurisdiction over

education legislation on the progress being made in improving pupil

proficiency due to the measures under this section.

(14) This state, the superintendent of public instruction, and

a chief educational officer appointed under this section are not

liable for any obligation of or claim against a school district

resulting from actions taken in accordance with this section.

(15) As used in this section:

(a) "Achieved the federal pupil performance standard" means

that the department has determined that the school has achieved

adequate yearly progress under the no child left behind act of

2001, Public Law 107-110, or has met a successor federal standard

that the superintendent of public instruction has identified as

being a standard established by the federal government that is

based on pupil performance and is required to be met in order to

receive full federal funding.

(b) "Failed to achieve the federal pupil performance standard"

means that the department has determined that the school has failed

to achieve adequate yearly progress under the no child left behind

act of 2001, Public Law 107-110, or has failed to meet a successor

federal standard that the superintendent of public instruction has

identified as being a standard established by the federal

government that is based on pupil performance and is required to be

met in order to receive full federal funding.

Sec. 1280d. (1) If a chief educational officer operating a

turnaround school district under section 1280c enters into a

contract with an educational management entity for the management

of the turnaround school district, the chief educational officer

shall ensure all of the following:

(a) That the chief educational officer has conducted

sufficient due diligence to conclude that the educational

management entity has sufficient educational expertise and

management experience to provide the agreed services.

(b) That the chief educational officer will obtain independent

legal counsel in all negotiations with the educational management

entity.

educational officer and the educational management entity, the

educational management entity will provide to the chief educational

officer all financial and other information required to comply with

the requirements concerning reporting under section 1280c.

(2) If a chief educational officer operating a turnaround

school district under section 1280c enters into a contract with an

educational management entity for the management of the turnaround

school district, the contract between the chief educational officer

and the educational management entity shall contain at least all of

the following provisions:

(a) A provision requiring the educational management entity to

provide to the chief educational officer information regarding any

teachers, administrators, and support staff employed by the

educational management entity and assigned to work in the school

district, including at least all of the following personal

information:

(i) Name.

(ii) Education, including highest degree attained.

(iii) Salary.

(iv) Copy of teaching certificate or other required permit or

credential, if required for the position.

(v) Description of relevant experience.

(vi) Employment record.

(b) A provision requiring the educational management entity to

provide to the chief educational officer information regarding the

business operations of the turnaround school district, including at

least all of the following:

(i) Financial records and information concerning the operation

of the school district, including, but not limited to, budgets and

detailed records of funds received from this state and other

entities, expenditure of those funds, investment of those funds,

carryover, and contractual arrangements or agreements entered into

by the educational management entity as an agent of the chief

educational officer.

(ii) Financial records and information concerning leases to

which the chief educational officer is a party, including, but not

limited to, leases for equipment, physical facility space, or

institutional and educational materials.

(iii) Financial records and information concerning mortgages and

loans to which the chief educational officer is a party.

make information available to the chief educational officer

concerning the operation and management of the turnaround school

district, including at least all of the information necessary to

comply with the requirements concerning reporting under section

1280c.

(3) This section does not apply to a contract to furnish

substitute teachers entered into under section 1236a.

(4) As used in this section:

(a) "Educational management entity" means an entity that

enters into an agreement with the chief educational officer

operating a turnaround school district under section 1280c to

provide comprehensive educational, administrative, management, or

instructional services or staff to the turnaround school district.

(b) "Entity" means a partnership, nonprofit or business

corporation, labor organization, or any other association,

corporation, trust, or other legal entity.

Sec. 1311. (1) Subject to subsection (2), the school board, or

the school district superintendent, a school building principal, or

another school district official if designated by the school board,

may authorize or order the suspension or expulsion from school of a

pupil guilty of gross misdemeanor or persistent disobedience if, in

the judgment of the school board or its designee, as applicable,

the interest of the school is served by the authorization or order.

If there is reasonable cause to believe that the pupil is a student

with a disability, and the school district has not evaluated the

pupil in accordance with rules of the superintendent of public

instruction to determine if the pupil is a student with a

disability, the pupil shall be evaluated immediately by the

intermediate school district of which the school district is

constituent in accordance with section 1711.

(2) If Except as otherwise provided in subsection (11), if a

pupil possesses in a weapon free school zone a weapon that

constitutes a dangerous weapon, commits arson in a school building

or on school grounds, or commits criminal sexual conduct in a

school building or on school grounds, the school board, or the

designee of the school board as described in subsection (1) on

behalf of the school board, shall expel the pupil from the school

district permanently, subject to possible reinstatement under

subsection (5). However, a school board is not required to expel a

pupil for possessing a weapon if the pupil establishes in a clear

and convincing manner at least 1 of the following:

(a) The object or instrument possessed by the pupil was not

possessed by the pupil for use as a weapon, or for direct or

indirect delivery to another person for use as a weapon.

(b) The weapon was not knowingly possessed by the pupil.

object or instrument possessed by the pupil constituted a dangerous

weapon.

(d) The weapon was possessed by the pupil at the suggestion,

request, or direction of, or with the express permission of, school

or police authorities.

(3) If an individual is expelled pursuant to subsection (2),

the expelling school district shall enter on the individual's

permanent record that he or she has been expelled pursuant to

subsection (2). Except if a school district operates or

participates cooperatively in an alternative education program

appropriate for individuals expelled pursuant to subsection (2) and

in its discretion admits the individual to that program, and except

for a strict discipline academy established under sections 1311b to

1311l, an individual expelled pursuant to subsection (2) is expelled

from all public schools in this state and the officials of a school

district shall not allow the individual to enroll in the school

district unless the individual has been reinstated under subsection

(5). Except as otherwise provided by law, a program operated for

individuals expelled pursuant to subsection (2) shall ensure that

those individuals are physically separated at all times during the

school day from the general pupil population. If an individual

expelled from a school district pursuant to subsection (2) is not

placed in an alternative education program or strict discipline

academy, the school district may provide, or may arrange for the

intermediate school district to provide, appropriate instructional

services to the individual at home. The type of services provided

shall meet the requirements of section 6(4)(u) of the state school

aid act of 1979, MCL 388.1606, and the services may be contracted

for in the same manner as services for homebound pupils under

section 109 of the state school aid act of 1979, MCL 388.1709. This

subsection does not require a school district to expend more money

for providing services for a pupil expelled pursuant to subsection

(2) than the amount of the foundation allowance the school district

receives for the pupil as calculated under section 20 of the state

school aid act of 1979, MCL 388.1620.

(4) If a school board expels an individual pursuant to

subsection (2), the school board shall ensure that, within 3 days

after the expulsion, an official of the school district refers the

individual to the appropriate county department of social services

or county community mental health agency and notifies the

individual's parent or legal guardian or, if the individual is at

least age 18 or is an emancipated minor, notifies the individual of

the referral.

(5) The parent or legal guardian of an individual expelled

pursuant to subsection (2) or, if the individual is at least age 18

or is an emancipated minor, the individual may petition the

expelling school board for reinstatement of the individual to

public education in the school district. If the expelling school

board denies a petition for reinstatement, the parent or legal

guardian or, if the individual is at least age 18 or is an

emancipated minor, the individual may petition another school board

for reinstatement of the individual in that other school district.

All of the following apply to reinstatement under this subsection:

(a) For an individual who was enrolled in grade 5 or below at

the time of the expulsion and who has been expelled for possessing

a firearm or threatening another person with a dangerous weapon,

the parent or legal guardian or, if the individual is at least age

18 or is an emancipated minor, the individual may initiate a

petition for reinstatement at any time after the expiration of 60

school days after the date of expulsion. For an individual who was

enrolled in grade 5 or below at the time of the expulsion and who

has been expelled pursuant to subsection (2) for a reason other

than possessing a firearm or threatening another person with a

dangerous weapon, the parent or legal guardian or, if the

individual is at least age 18 or is an emancipated minor, the

individual may initiate a petition for reinstatement at any time.

For an individual who was in grade 6 or above at the time of

expulsion, the parent or legal guardian or, if the individual is at

least age 18 or is an emancipated minor, the individual may

initiate a petition for reinstatement at any time after the

expiration of 150 school days after the date of expulsion.

(b) An individual who was in grade 5 or below at the time of

the expulsion and who has been expelled for possessing a firearm or

threatening another person with a dangerous weapon shall not be

reinstated before the expiration of 90 school days after the date

of expulsion. An individual who was in grade 5 or below at the time

of the expulsion and who has been expelled pursuant to subsection

(2) for a reason other than possessing a firearm or threatening

another person with a dangerous weapon shall not be reinstated

before the expiration of 10 school days after the date of the

expulsion. An individual who was in grade 6 or above at the time of

the expulsion shall not be reinstated before the expiration of 180

school days after the date of expulsion.

or, if the individual is at least age 18 or is an emancipated

minor, of the individual to prepare and submit the petition. A

school board is not required to provide any assistance in preparing

the petition. Upon request by a parent or legal guardian or, if the

individual is at least age 18 or is an emancipated minor, by the

individual, a school board shall make available a form for a

petition.

(d) Not later than 10 school days after receiving a petition

for reinstatement under this subsection, a school board shall

appoint a committee to review the petition and any supporting

information submitted by the parent or legal guardian or, if the

individual is at least age 18 or is an emancipated minor, by the

individual. The committee shall consist of 2 school board members,

1 school administrator, 1 teacher, and 1 parent of a pupil in the

school district. During this time the superintendent of the school

district may prepare and submit for consideration by the committee

information concerning the circumstances of the expulsion and any

factors mitigating for or against reinstatement.

(e) Not later than 10 school days after all members are

appointed, the committee described in subdivision (d) shall review

the petition and any supporting information and information

provided by the school district and shall submit a recommendation

to the school board on the issue of reinstatement. The

recommendation shall be for unconditional reinstatement, for

conditional reinstatement, or against reinstatement, and shall be

accompanied by an explanation of the reasons for the recommendation

and of any recommended conditions for reinstatement. The

recommendation shall be based on consideration of all of the

following factors:

(i) The extent to which reinstatement of the individual would

create a risk of harm to pupils or school personnel.

(ii) The extent to which reinstatement of the individual would

create a risk of school district liability or individual liability

for the school board or school district personnel.

(iii) The age and maturity of the individual.

(iv) The individual's school record before the incident that

caused the expulsion.

(v) The individual's attitude concerning the incident that

caused the expulsion.

(vi) The individual's behavior since the expulsion and the

prospects for remediation of the individual.

(vii) If the petition was filed by a parent or legal guardian,

the degree of cooperation and support that has been provided by the

parent or legal guardian and that can be expected if the individual

is reinstated, including, but not limited to, receptiveness toward

possible conditions placed on the reinstatement.

(f) Not later than the next regularly scheduled board meeting

after receiving the recommendation of the committee under

subdivision (e), a school board shall make a decision to

unconditionally reinstate the individual, conditionally reinstate

the individual, or deny reinstatement of the individual. The

decision of the school board is final.

(g) A school board may require an individual and, if the

petition was filed by a parent or legal guardian, his or her parent

or legal guardian to agree in writing to specific conditions before

reinstating the individual in a conditional reinstatement. The

conditions may include, but are not limited to, agreement to a

behavior contract, which may involve the individual, parent or

legal guardian, and an outside agency; participation in or

completion of an anger management program or other appropriate

counseling; periodic progress reviews; and specified immediate

consequences for failure to abide by a condition. A parent or legal

guardian or, if the individual is at least age 18 or is an

emancipated minor, the individual may include proposed conditions

in a petition for reinstatement submitted under this subsection.

(6) A school board or school administrator that complies with

subsection (2) is not liable for damages for expelling a pupil

pursuant to subsection (2), and the authorizing body of a public

school academy is not liable for damages for expulsion of a pupil

by the public school academy pursuant to subsection (2).

(7) The department shall develop and distribute to all school

districts a form for a petition for reinstatement to be used under

subsection (5).

(8) This section does not diminish any rights under federal

law of a pupil who has been determined to be eligible for special

education programs and services.

(9) If a pupil expelled from a public school district pursuant

to subsection (2) is enrolled by a public school district sponsored

alternative education program or a public school academy during the

period of expulsion, the public school academy or alternative

education program shall immediately become eligible for the

prorated share of either the public school academy or operating

school district's foundation allowance or the expelling school

district's foundation allowance, whichever is higher.

(10) If an individual is expelled pursuant to subsection (2),

it is the responsibility of that individual and of his or her

parent or legal guardian to locate a suitable alternative

educational program and to enroll the individual in such a program

during the expulsion. The office of safe schools in the department

shall compile information on and catalog existing alternative

education programs or schools and nonpublic schools that may be

open to enrollment of individuals expelled pursuant to subsection

(2) and pursuant to section 1311a, and shall periodically

distribute this information to school districts for distribution to

expelled individuals. A school board that establishes an

alternative education program or school described in this

subsection shall notify the office of safe schools about the

program or school and the types of pupils it serves. The office of

safe schools also shall work with and provide technical assistance

to school districts, authorizing bodies for public school

academies, and other interested parties in developing these types

of alternative education programs or schools in geographic areas

that are not being served.

(11) Subsection (2) does not apply to a pupil who is engaged

solely in remote instruction and learning from the pupil's home,

provided by a school of excellence that is a cyber school, as

defined in section 551.

(12) ~~(11)~~ As used in this section:

(a) "Arson" means a felony violation of chapter X of the

Michigan penal code, 1931 PA 328, MCL 750.71 to 750.80.

(b) "Criminal sexual conduct" means a violation of section

520b, 520c, 520d, 520e, or 520g of the Michigan penal code, 1931 PA

328, MCL 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g.

1313.

(d) "Firearm" means that term as defined in section 921 of

title 18 of the United States Code, 18 USC 921.

(e) "School board" means a school board, intermediate school

board, or the board of directors of a public school academy.

(f) "School district" means a school district, a local act

school district, an intermediate school district, or a public

school academy.

(g) "Weapon free school zone" means that term as defined in

section 237a of the Michigan penal code, 1931 PA 328, MCL 750.237a.

Sec. 1536. (1) The state board shall develop a school

administrator's certificate that ~~may~~ shall be issued to all school

district and intermediate school district superintendents, school

principals, assistant principals, and other administrators whose

primary responsibility is administering instructional programs and

who meet the requirements established under subsection (3). An

individual described in section 1246(1)(a) is not required by this

section to have a school administrator's certificate under this

section or an endorsement under subsection (2) to be employed as a

school administrator by a school district, public school academy,

intermediate school district, or nonpublic school.

(2) The state board also ~~may~~ shall develop appropriate

certificate endorsements for school administrators, by elementary,

secondary, and central office level.

(3) The state board shall develop standards, and the

superintendent of public instruction shall develop procedures, to

implement this section. The standards and procedures shall address

at least all of the following:

(a) The educational and professional experience requirements

for a certificate or endorsement under this section.

(b) Continuing education requirements for periodic

recertification. These requirements shall be consistent with the

continuing education requirements under section 1246.

certificates and endorsements under this section.

(d) Standards and procedures for suspension and revocation of

a certificate. These standards and procedures shall be based on the

standards and procedures for taking action against a person's

teaching certificate under section 1535a.

(4) The department shall consult and work with appropriate

professional organizations, primarily organizations representing

superintendents and building-level administrators, in developing

the standards required under this section.

(5) For the purposes of adding 1 or more enhancement or

specialty endorsements for a school administrator's certificate,

the department may recognize performance-based professional

learning programs offered by established state professional

organizations that represent school administrators described in

subsection (1). These programs must be approved by the department

based on alignment with state board-approved school administrator

program preparation standards.

(6) A school administrator's certificate issued under this

section is valid for 5 years and shall be renewed upon completion

of renewal units as determined by the superintendent of public

instruction.

(7) The department shall recognize alternative pathways to

earning the basic school administrator's certificate based on

experience or alternative preparation, or both, if the alternative

certification program is submitted by an established state

professional organization and meets criteria set forth by state

board approved school administrator program preparation standards.

(8) ~~(6)~~ As used in this section, "established state

professional organization" means an association that has served

members on a statewide basis for at least 10 years.

Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 95th Legislature are

enacted into law:

(a) Senate Bill No. 638.

(b) Senate Bill No. 926.

(d) House Bill No. 4788.

(e) House Bill No. 5596.