HOUSE BILL No. 5099

 

October 19, 2011, Introduced by Rep. Hobbs and referred to the Committee on Education.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

(MCL 380.1 to 380.1852) by adding sections 503d, 523d, and 553d.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 503d. (1) Beginning with management agreements described

 

in this section that are entered into or renewed after the

 

effective date of this section, if a public school academy enters

 

into or renews a management agreement with an educational

 

management organization to carry out the operations of the public

 

school academy, both of the following apply:

 

     (a) The educational management organization shall not cancel

 

or terminate the management agreement during a school year.

 

     (b) The public school academy shall ensure that the management

 

agreement includes appropriate provisions to prevent the

 


cancellation or termination of the management agreement during a

 

school year.

 

     (2) If an educational management organization cancels or

 

terminates a management agreement with a public school academy

 

during a school year, the public school academy shall report the

 

cancellation or termination to its authorizing body and to the

 

department. If the department receives a notice under this

 

subsection of a cancellation or termination of a management

 

agreement by an educational management organization during a school

 

year, the department shall publish on its website a notice to

 

public school academies and authorizing bodies that the educational

 

management organization has canceled or terminated a management

 

agreement during a school year, and shall compile and maintain on

 

its website a list of educational management organizations that

 

have canceled or terminated a management agreement during a school

 

year.

 

     (3) A public school academy shall not enter into a management

 

agreement with an educational management organization that is on

 

the list under subsection (2) of educational management

 

organizations that have cancelled or terminated a management

 

agreement during a school year.

 

     (4) As used in this section:

 

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

 

enters into a management agreement with a public school academy.

 

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

 

corporation, or any other association, corporation, trust, or other

 

legal entity.

 


     (c) "Management agreement" means an agreement to provide

 

comprehensive educational, administrative, management, or

 

instructional services or staff to a public school academy.

 

     Sec. 523d. (1) Beginning with management agreements described

 

in this section that are entered into or renewed after the

 

effective date of this section, if an urban high school academy

 

enters into or renews a management agreement with an educational

 

management organization to carry out the operations of the urban

 

high school academy, both of the following apply:

 

     (a) The educational management organization shall not cancel

 

or terminate the management agreement during a school year.

 

     (b) The urban high school academy shall ensure that the

 

management agreement includes appropriate provisions to prevent the

 

cancellation or termination of the management agreement during a

 

school year.

 

     (2) If an educational management organization cancels or

 

terminates a management agreement with an urban high school academy

 

during a school year, the urban high school academy shall report

 

the cancellation or termination to its authorizing body and to the

 

department. If the department receives a notice under this

 

subsection of a cancellation or termination of a management

 

agreement by an educational management organization during a school

 

year, the department shall publish on its website a notice to urban

 

high school academies and authorizing bodies that the educational

 

management organization has canceled or terminated a management

 

agreement during a school year, and shall maintain on its website a

 

list of educational management organizations that have canceled or

 


terminated a management agreement during a school year.

 

     (3) An urban high school academy shall not enter into a

 

management agreement with an educational management organization

 

that is on the list under subsection (2) of educational management

 

organizations that have canceled or terminated a management

 

agreement during a school year.

 

     (4) As used in this section:

 

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

 

enters into a management agreement with an urban high school

 

academy.

 

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

 

corporation, or any other association, corporation, trust, or other

 

legal entity.

 

     (c) "Management agreement" means an agreement to provide

 

comprehensive educational, administrative, management, or

 

instructional services or staff to an urban high school academy.

 

     Sec. 553d. (1) Beginning with management agreements described

 

in this section that are entered into or renewed after the

 

effective date of this section, if a school of excellence enters

 

into or renews a management agreement with an educational

 

management organization to carry out the operations of the school

 

of excellence, both of the following apply:

 

     (a) The educational management organization shall not cancel

 

or terminate the management agreement during a school year.

 

     (b) The school of excellence shall ensure that the management

 

agreement includes appropriate provisions to prevent the

 

cancellation or termination of the management agreement during a

 


school year.

 

     (2) If an educational management organization cancels or

 

terminates a management agreement with a school of excellence

 

during a school year, the school of excellence shall report the

 

cancellation or termination to its authorizing body and to the

 

department. If the department receives a notice under this

 

subsection of a cancellation or termination of a management

 

agreement by an educational management organization during a school

 

year, the department shall publish on its website a notice to

 

schools of excellence and authorizing bodies that the educational

 

management organization has canceled or terminated a management

 

agreement during a school year, and shall maintain on its website a

 

list of educational management organizations that have canceled or

 

terminated a management agreement during a school year.

 

     (3) A school of excellence shall not enter into a management

 

agreement with an educational management organization that is on

 

the list under subsection (2) of educational management

 

organizations that have canceled or terminated a management

 

agreement during a school year.

 

     (4) As used in this section, "management agreement" means an

 

agreement to provide comprehensive educational, administrative,

 

management, or instructional services or staff to a school of

 

excellence.