SENATE BILL NO. 206
March 13, 2019, Introduced by Senator HERTEL
and referred to the Committee on Appropriations.
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending sections 4, 6, 8b, 11, 11a, 11j, 11k, 11m, 11s, 15, 18, 20, 20d, 20f, 21h, 22a, 22b, 22d, 22m, 22n, 24, 24a, 25e, 26a, 26b, 26c, 31a, 31d, 31f, 31j, 31n, 32d, 32p, 35a, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54b, 54d, 56, 61a, 61b, 62, 67, 74, 81, 94, 94a, 95a, 98, 99h, 99s, 101, 104, 104b, 104c, 107, 147, 147a, 147b, 147c, 147e, 152a, 160, 201, 206, 207a, 207b, 207c, 209, 209a, 210b, 217, 225, 229a, 230, 236, 236b, 236c, 241, 242, 245, 251, 252, 256, 263, 264, 265, 265a, 265b, 265d, 267, 268, 269, 270, 274c, 276, 277, 278, 279, 280, 281, 282, and 289 (MCL 388.1604, 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611s, 388.1615, 388.1618, 388.1620, 388.1620d, 388.1620f, 388.1621h, 388.1622a, 388.1622b, 388.1622d, 388.1622m, 388.1622n, 388.1624, 388.1624a, 388.1625e, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f, 388.1631j, 388.1631n, 388.1632d, 388.1632p, 388.1635a, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1654b, 388.1654d, 388.1656, 388.1661a, 388.1661b, 388.1662, 388.1667, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695a, 388.1698, 388.1699h, 388.1699s, 388.1701, 388.1704, 388.1704b, 388.1704c, 388.1707, 388.1747, 388.1747a, 388.1747b, 388.1747c, 388.1747e, 388.1752a, 388.1760, 388.1801, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1809a, 388.1810b, 388.1817, 388.1825, 388.1829a, 388.1830, 388.1836, 388.1836b, 388.1836c, 388.1841, 388.1842, 388.1845, 388.1851, 388.1852, 388.1856, 388.1863, 388.1864, 388.1865, 388.1865a, 388.1865b, 388.1865d, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874c, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, and 388.1889), sections 4 and 8b as amended and section 160 as added by PA 108 of 2017, sections 6, 11, 18, 31a, 31j, 32d, 35a, 39a, 99h, 101, and 265 as amended and section 31n as added by PA 586 of 2018 sections 11a, 11j, 11k, 11m, 11s, 15, 20, 20d, 20f, 21h, 22a, 22b, 22d, 22m, 22n, 24, 24a, 25e, 26a, 26b, 26c, 31d, 31f, 32p, 39, 41, 51a, 51c, 51d, 53a, 54, 54b, 56, 61a, 61b, 62, 67, 74, 81, 94, 94a, 98, 99s, 104, 104b, 104c, 107, 147, 147a, 147b, 147c, 147e, 152a, 201, 206, 207a, 207b, 207c, 209, 210b, 217, 225, 229a, 230, 236, 236b, 236c, 241, 245, 251, 252, 256, 263, 264, 265a, 267, 268, 269, 270, 274c, 276, 277, 278, 279, 280, 281, 282, and 289 as amended and sections 54d, 209a, 265b, and 265d as added by PA 265 of 2018, section 95a as amended by PA 85 of 2015, section 242 as amended by PA 201 of 2012, and by adding sections 28 and 231; and to repeal acts and parts of acts.
the people of the state of michigan enact:
ARTICLE I
Sec. 4. (1) "Elementary pupil" means a pupil in
membership in grades K to 8 in a district not maintaining classes above the
eighth grade or in grades K to 6 in a district maintaining classes above the
eighth grade. For the purposes of calculating universal service fund
(e-rate) discounts, "elementary pupil" includes children enrolled in
a preschool program operated by a district in its facilities. OR IS ENROLLED AND IN REGULAR ATTENDANCE IN
A PUBLICLY FUNDED PRE-K SETTING.
(2) "Extended school year" means an educational
program conducted by a district in which pupils must be enrolled but not
necessarily in attendance on the pupil membership count day in an extended year
program. The mandatory clock hours shall be completed by each pupil not more
than 365 calendar days after the pupil's first day of classes for the school
year prescribed. The department shall prescribe pupil, personnel, and other
reporting requirements for the educational program.
(3) "Fiscal year" means the state fiscal year that
commences October 1 and continues through September 30.
(4) "High school equivalency certificate" means a
certificate granted for the successful completion of a high school equivalency
test.
(5) "High school equivalency test" means the G.E.D.
test developed by the GED Testing Service, the Test Assessing Secondary
Completion (TASC) developed by CTS/McGraw-Hill, the HISET test developed by the
Education EDUCATIONAL Testing
Service (ETS), or another comparable test approved by the department of talent
and economic development.
(6) "High school equivalency test preparation
program" means a program that has high school level courses in English
language arts, social studies, science, and mathematics and that prepares an
individual to successfully complete a high school equivalency test.
(7) "High school pupil" means a pupil in membership
in grades 7 to 12, except in a district not maintaining grades above the eighth
grade.
Sec. 6. (1) “Center
program” means a program operated by a district or by an intermediate district
for special education pupils from several districts in programs for pupils with
autism spectrum disorder, pupils with severe cognitive impairment, pupils with
moderate cognitive impairment, pupils with severe multiple impairments, pupils
with hearing impairment, pupils with visual impairment, and pupils with
physical impairment or other health impairment. Programs for pupils with
emotional impairment housed in buildings that do not serve regular education
pupils also qualify. Unless otherwise approved by the department, a center
program either shall serve all constituent districts within an intermediate
district or shall serve several districts with less than 50% of the pupils
residing in the operating district. In addition, special education center
program pupils placed part-time in noncenter programs to comply with the least
restrictive environment provisions of section 1412 of the individuals with
disabilities education act, 20 USC 1412, may be considered center program
pupils for pupil accounting purposes for the time scheduled in either a center
program or a noncenter program.
(2) “District and high school graduation
rate” means the annual completion and pupil dropout rate that is calculated by
the center pursuant to nationally recognized standards.
(3) “District and high
school graduation report” means a report of the number of pupils, excluding
adult education participants, in the district for the immediately preceding
school year, adjusted for those pupils who have transferred into or out of the
district or high school, who leave high school with a diploma or other
credential of equal status.
(4) “Membership”,
except as otherwise provided in this article, means for a district, a public
school academy, or an intermediate district the sum of the product of .90 times
the number of full-time equated pupils in grades K to 12 actually enrolled and
in regular daily attendance on the pupil membership count day for the current
school year, plus the product of .10 times the final audited count from the
supplemental count day for the immediately preceding school year. A district’s,
public school academy’s, or intermediate district’s membership shall be
adjusted as provided under section 25e for pupils who enroll after the pupil
membership count day in a strict discipline academy operating under sections 1311b
to 1311m of the revised school code, MCL 380.1311b to 380.1311m. However, for a
district that is a community district, “membership” means the sum of the
product of .90 times the number of full-time equated pupils in grades K to 12
actually enrolled and in regular daily attendance in the community district on
the pupil membership count day for the current school year, plus the product of
.10 times the sum of the final audited count from the supplemental count day of
pupils in grades K to 12 actually enrolled and in regular daily attendance in
the community district for the immediately preceding school year. plus the final audited count from
the supplemental count day of pupils in grades K to 12 actually enrolled and in
regular daily attendance in the education achievement system for the
immediately preceding school year. All pupil counts used in this subsection
are as determined by the department and calculated by adding the number of
pupils registered for attendance plus pupils received by transfer and minus
pupils lost as defined by rules promulgated by the superintendent, and as
corrected by a subsequent department audit. The amount of the foundation
allowance for a pupil in membership is determined under section 20. In making
the calculation of membership, all of the following, as applicable, apply to
determining the membership of a district, a public school academy, or an
intermediate district:
(a) Except as
otherwise provided in this subsection, and pursuant to subsection (6), a pupil
shall be counted in membership in the pupil’s educating district or districts.
An individual pupil shall not be counted for more than a total of 1.0 full-time
equated membership.
(b) If a pupil is
educated in a district other than the pupil’s district of residence, if the
pupil is not being educated as part of a cooperative education program, if the
pupil’s district of residence does not give the educating district its approval
to count the pupil in membership in the educating district, and if the pupil is
not covered by an exception specified in subsection (6) to the requirement that
the educating district must have the approval of the pupil’s district of
residence to count the pupil in membership, the pupil shall not be counted in
membership in any district.
(c) A special
education pupil educated by the intermediate district shall be counted in
membership in the intermediate district.
(d) A pupil placed by
a court or state agency in an on-grounds program of a juvenile detention
facility, a child caring institution, or a mental health institution, or a
pupil funded under section 53a, shall be counted in membership in the district
or intermediate district approved by the department to operate the program.
(e) A pupil enrolled
in the Michigan Schools for the Deaf and Blind shall be counted in membership
in the pupil’s intermediate district of residence.
(f) A pupil enrolled
in a career and technical education program supported by a millage levied over
an area larger than a single district or in an area vocational-technical education
program established pursuant to section 690 of the revised school code, MCL
380.690, shall be counted only in the pupil’s district of residence.
(g) A pupil enrolled
in a public school academy shall be counted in membership in the public school academy.
(h) For the purposes
of this section and section 6a, for a cyber school, as defined in section 551
of the revised school code, MCL 380.551, that is in compliance with section
553a of the revised school code, MCL 380.553a, a pupil’s participation in the
cyber school’s educational program is considered regular daily attendance, and
for a district or public school academy, a pupil’s participation in a virtual
course as defined in section 21f is considered regular daily attendance. For
the purposes of this subdivision, for a pupil enrolled in a cyber school and
utilizing sequential learning, participation means that term as defined in the
pupil accounting manual, section 5-o-d: requirements for counting pupils in
membership-subsection 10.
(i) For a new district
or public school academy beginning its operation after December 31, 1994,
membership for the first 2 full or partial fiscal years of operation shall be
determined as follows:
(i) If
operations begin before the pupil membership count day for the fiscal year,
membership is the average number of full-time equated pupils in grades K to 12
actually enrolled and in regular daily attendance on the pupil membership count
day for the current school year and on the supplemental count day for the
current school year, as determined by the department and calculated by adding
the number of pupils registered for attendance on the pupil membership count
day plus pupils received by transfer and minus pupils lost as defined by rules
promulgated by the superintendent, and as corrected by a subsequent department
audit, plus the final audited count from the supplemental count day for the
current school year, and dividing that sum by 2.
(ii) If
operations begin after the pupil membership count day for the fiscal year and
not later than the supplemental count day for the fiscal year, membership is
the final audited count of the number of full-time equated pupils in grades K
to 12 actually enrolled and in regular daily attendance on the supplemental
count day for the current school year.
(j) If a district is
the authorizing body for a public school academy, then, in the first school
year in which pupils are counted in membership on the pupil membership count
day in the public school academy, the determination of the district’s
membership shall exclude from the district’s pupil count for the immediately
preceding supplemental count day any pupils who are counted in the public
school academy on that first pupil membership count day who were also counted
in the district on the immediately preceding supplemental count day.
(k) For an extended
school year program approved by the superintendent, a pupil enrolled, but not
scheduled to be in regular daily attendance, on a pupil membership count day,
shall be counted in membership.
(l) To be
counted in membership, a pupil shall meet the minimum age requirement to be
eligible to attend school under section 1147 of the revised school code, MCL
380.1147, or shall be enrolled under subsection (3) of that section, and shall
be less than 20 years of age on September 1 of the school year except as
follows:
(i) A special
education pupil who is enrolled and receiving instruction in a special
education program or service approved by the department, who does not have a
high school diploma, and who is less than 26 years of age as of September 1 of
the current school year shall be counted in membership.
(ii) A pupil
who is determined by the department to meet all of the following may be counted
in membership:
(A) Is enrolled in a
public school academy or an alternative education high school diploma program,
that is primarily focused on educating pupils with extreme barriers to
education, such as being homeless as defined under 42 USC 11302.
(B) Had dropped out of
school.
(C) Is less than 22 years
of age as of September 1 of the current school year.
(iii) If a
child does not meet the minimum age requirement to be eligible to attend school
for that school year under section 1147 of the revised school code, MCL
380.1147, but will be 5 years of age not later than December 1 of that school
year, the district may count the child in membership for that school year if
the parent or legal guardian has notified the district in writing that he or
she intends to enroll the child in kindergarten for that school year.
(m) An individual who
has achieved a high school diploma shall not be counted in membership. An
individual who has achieved a high school equivalency certificate shall not be
counted in membership unless the individual is a student with a disability as
defined in R 340.1702 of the Michigan Administrative Code. An individual
participating in a job training program funded under former section 107a or a
jobs program funded under former section 107b, administered by the department
of talent and economic development, or participating in any successor of either
of those 2 programs, shall not be counted in membership.
(n) If a pupil counted
in membership in a public school academy is also educated by a district or
intermediate district as part of a cooperative education program, the pupil
shall be counted in membership only in the public school academy unless a
written agreement signed by all parties designates the party or parties in
which the pupil shall be counted in membership, and the instructional time
scheduled for the pupil in the district or intermediate district shall be
included in the full-time equated membership determination under subdivision
(q) and section 101. However, for pupils receiving instruction in both a public
school academy and in a district or intermediate district but not as a part of
a cooperative education program, the following apply:
(i) If the
public school academy provides instruction for at least 1/2 of the class hours
required under section 101, the public school academy shall receive as its
prorated share of the full-time equated membership for each of those pupils an
amount equal to 1 times the product of the hours of instruction the public
school academy provides divided by the number of hours required under section
101 for full-time equivalency, and the remainder of the full-time membership
for each of those pupils shall be allocated to the district or intermediate
district providing the remainder of the hours of instruction.
(ii) If the
public school academy provides instruction for less than 1/2 of the class hours
required under section 101, the district or intermediate district providing the
remainder of the hours of instruction shall receive as its prorated share of
the full-time equated membership for each of those pupils an amount equal to 1
times the product of the hours of instruction the district or intermediate
district provides divided by the number of hours required under section 101 for
full-time equivalency, and the remainder of the full-time membership for each
of those pupils shall be allocated to the public school academy.
(o) An individual less
than 16 years of age as of September 1 of the current school year who is being
educated in an alternative education program shall not be counted in membership
if there are also adult education participants being educated in the same
program or classroom.
(p) The department
shall give a uniform interpretation of full-time and part-time memberships.
(q) The number of
class hours used to calculate full-time equated memberships shall be consistent
with section 101. In determining full-time equated memberships for pupils who
are enrolled in a postsecondary institution or for pupils engaged in an
internship or work experience under section 1279h of the revised school code,
MCL 380.1279h, a pupil shall not be considered to be less than a full-time
equated pupil solely because of the effect of his or her postsecondary
enrollment or engagement in the internship or work experience, including
necessary travel time, on the number of class hours provided by the district to
the pupil.
(r) Full-time equated
memberships for pupils in kindergarten shall be determined by dividing the
number of instructional hours scheduled and provided per year per kindergarten
pupil by the same number used for determining full-time equated memberships for
pupils in grades 1 to 12. However, to the extent allowable under federal law,
for a district or public school academy that provides evidence satisfactory to
the department that it used federal title I money in the 2 immediately
preceding school fiscal years to fund full-time kindergarten, full-time equated
memberships for pupils in kindergarten shall be determined by dividing the
number of class hours scheduled and provided per year per kindergarten pupil by
a number equal to 1/2 the number used for determining full-time equated
memberships for pupils in grades 1 to 12. The change in the counting of
full-time equated memberships for pupils in kindergarten that took effect for
2012-2013 is not a mandate.
(s) For a district or
a public school academy that has pupils enrolled in a grade level that was not
offered by the district or public school academy in the immediately preceding
school year, the number of pupils enrolled in that grade level to be counted in
membership is the average of the number of those pupils enrolled and in regular
daily attendance on the pupil membership count day and the supplemental count
day of the current school year, as determined by the department. Membership
shall be calculated by adding the number of pupils registered for attendance in
that grade level on the pupil membership count day plus pupils received by
transfer and minus pupils lost as defined by rules promulgated by the
superintendent, and as corrected by subsequent department audit, plus the final
audited count from the supplemental count day for the current school year, and
dividing that sum by 2.
(t) A pupil enrolled
in a cooperative education program may be counted in membership in the pupil’s
district of residence with the written approval of all parties to the
cooperative agreement.
(u) If, as a result of
a disciplinary action, a district determines through the district’s alternative
or disciplinary education program that the best instructional placement for a
pupil is in the pupil’s home or otherwise apart from the general school
population, if that placement is authorized in writing by the district
superintendent and district alternative or disciplinary education supervisor,
and if the district provides appropriate instruction as described in this
subdivision to the pupil at the pupil’s home or otherwise apart from the
general school population, the district may count the pupil in membership on a
pro rata basis, with the proration based on the number of hours of instruction
the district actually provides to the pupil divided by the number of hours
required under section 101 for full-time equivalency. For the purposes of this
subdivision, a district shall be considered to be providing appropriate instruction
if all of the following are met:
(i) The
district provides at least 2 nonconsecutive hours of instruction per week to
the pupil at the pupil’s home or otherwise apart from the general school
population under the supervision of a certificated teacher.
(ii) The
district provides instructional materials, resources, and supplies that are
comparable to those otherwise provided in the district’s alternative education
program.
(iii) Course
content is comparable to that in the district’s alternative education program.
(iv) Credit
earned is awarded to the pupil and placed on the pupil’s transcript.
(v) If a pupil was enrolled in a public school academy on the pupil
membership count day, if the public school academy’s contract with its
authorizing body is revoked or the public school academy otherwise ceases to
operate, and if the pupil enrolls in a district within 45 days after the pupil
membership count day, the department shall adjust the district’s pupil count
for the pupil membership count day to include the pupil in the count.
(w) For a public
school academy that has been in operation for at least 2 years and that
suspended operations for at least 1 semester and is resuming operations,
membership is the sum of the product of .90 times the number of full-time
equated pupils in grades K to 12 actually enrolled and in regular daily
attendance on the first pupil membership count day or supplemental count day,
whichever is first, occurring after operations resume, plus the product of .10
times the final audited count from the most recent pupil membership count day
or supplemental count day that occurred before suspending operations, as
determined by the superintendent.
(x) If a district’s
membership for a particular fiscal year, as otherwise calculated under this
subsection, would be less than 1,550 pupils and the district has 4.5 or fewer
pupils per square mile, as determined by the department, and if the district
does not receive funding under section 22d(2), the district’s membership shall
be considered to be the membership figure calculated under this subdivision. If
a district educates and counts in its membership pupils in grades 9 to 12 who
reside in a contiguous district that does not operate grades 9 to 12 and if 1
or both of the affected districts request the department to use the
determination allowed under this sentence, the department shall include the
square mileage of both districts in determining the number of pupils per square
mile for each of the districts for the purposes of this subdivision. The
membership figure calculated under this subdivision is the greater of the
following:
(i) The average
of the district’s membership for the 3-fiscal-year period ending with that
fiscal year, calculated by adding the district’s actual membership for each of
those 3 fiscal years, as otherwise calculated under this subsection, and
dividing the sum of those 3 membership figures by 3.
(ii) The
district’s actual membership for that fiscal year as otherwise calculated under
this subsection.
(y) Full-time equated
memberships for special education pupils who are not enrolled in kindergarten
but are enrolled in a classroom program under R 340.1754 of the Michigan
Administrative Code shall be determined by dividing the number of class hours
scheduled and provided per year by 450. Full-time equated memberships for
special education pupils who are not enrolled in kindergarten but are receiving
early childhood special education services under R 340.1755 or R 340.1862 of
the Michigan Administrative Code shall be determined by dividing the number of
hours of service scheduled and provided per year per-pupil by 180.
(z) A pupil of a
district that begins its school year after Labor Day who is enrolled in an
intermediate district program that begins before Labor Day shall not be
considered to be less than a full-time pupil solely due to instructional time
scheduled but not attended by the pupil before Labor Day.
(aa) For the first
year in which a pupil is counted in membership on the pupil membership count
day in a middle college program, the membership is the average of the full-time
equated membership on the pupil membership count day and on the supplemental
count day for the current school year, as determined by the department. If a
pupil described in this subdivision was counted in membership by the operating
district on the immediately preceding supplemental count day, the pupil shall
be excluded from the district’s immediately preceding supplemental count for
the purposes of determining the district’s membership.
(bb) A district or
public school academy that educates a pupil who attends a United States Olympic
Education Center may count the pupil in membership regardless of whether or not
the pupil is a resident of this state.
(cc) A pupil enrolled
in a district other than the pupil’s district of residence pursuant to section
1148(2) of the revised school code, MCL 380.1148, shall be counted in the
educating district.
(dd) For a pupil
enrolled in a dropout recovery program that meets the requirements of section
23a, the pupil shall be counted as 1/12 of a full-time equated membership for
each month that the district operating the program reports that the pupil was
enrolled in the program and was in full attendance. However, if the special
membership counting provisions under this subdivision and the operation of the
other membership counting provisions under this subsection result in a pupil
being counted as more than 1.0 FTE in a fiscal year, the payment made for the
pupil under sections 22a and 22b shall not be based on more than 1.0 FTE for
that pupil. , and any portion of
an FTE for that pupil that exceeds 1.0 shall instead be paid under section 25g.
The district operating the program shall report to the center the number of
pupils who were enrolled in the program and were in full attendance for a month
not later than 30 days after the end of the month. A district shall not report
a pupil as being in full attendance for a month unless both of the following
are met:
(i) A
personalized learning plan is in place on or before the first school day of the
month for the first month the pupil participates in the program.
(ii) The pupil
meets the district’s definition under section 23a of satisfactory monthly
progress for that month or, if the pupil does not meet that definition of
satisfactory monthly progress for that month, the pupil did meet that
definition of satisfactory monthly progress in the immediately preceding month
and appropriate interventions are implemented within 10 school days after it is
determined that the pupil does not meet that definition of satisfactory monthly
progress.
(ee) A pupil
participating in a virtual course under section 21f shall be counted in
membership in the district enrolling the pupil.
(ff) If a public
school academy that is not in its first or second year of operation closes at
the end of a school year and does not reopen for the next school year, the
department shall adjust the membership count of the district or other public
school academy in which a former pupil of the closed public school academy
enrolls and is in regular daily attendance for the next school year to ensure
that the district or other public school academy receives the same amount of
membership aid for the pupil as if the pupil were counted in the district or
other public school academy on the supplemental count day of the preceding
school year.
(gg) If a special
education pupil is expelled under section 1311 or 1311a of the revised school
code, MCL 380.1311 and 380.1311a, and is not in attendance on the pupil
membership count day because of the expulsion, and if the pupil remains
enrolled in the district and resumes regular daily attendance during that
school year, the district’s membership shall be adjusted to count the pupil in
membership as if he or she had been in attendance on the pupil membership count
day.
(hh) A pupil enrolled
in a community district shall be counted in membership in the community
district.
(ii) A part-time pupil
enrolled in a nonpublic school in grades K to 12 in accordance with section
166b shall not be counted as more than 0.75 of a full-time equated membership.
(jj) A district that
borders another state or a public school academy that operates at least grades
9 to 12 and is located within 20 miles of a border with another state may count
in membership a pupil who is enrolled in a course at a college or university
that is located in the bordering state and within 20 miles of the border with
this state if all of the following are met:
(i) The pupil
would meet the definition of an eligible student under the postsecondary
enrollment options act, 1996 PA 160, MCL 388.511 to 388.524, if the course were
an eligible course under that act.
(ii) The course
in which the pupil is enrolled would meet the definition of an eligible course
under the postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to
388.524, if the course were provided by an eligible postsecondary institution
under that act.
(iii) The
department determines that the college or university is an institution that, in
the other state, fulfills a function comparable to a state university or
community college, as those terms are defined in section 3 of the postsecondary
enrollment options act, 1996 PA 160, MCL 388.513, or is an independent
nonprofit degree-granting college or university.
(iv) The
district or public school academy pays for a portion of the pupil’s tuition at
the college or university in an amount equal to the eligible charges that the
district or public school academy would pay to an eligible postsecondary
institution under the postsecondary enrollment options act, 1996 PA 160, MCL
388.511 to 388.524, as if the course were an eligible course under that act.
(v) The
district or public school academy awards high school credit to a pupil who
successfully completes a course as described in this subdivision.
(kk) A pupil enrolled
in a middle college program may be counted for more than a total of 1.0
full-time equated membership if the pupil is enrolled in more than the minimum
number of instructional days and hours required under section 101 and the pupil
is expected to complete the 5-year program with both a high school diploma and
at least 60 transferable college credits or is expected to earn an associate’s
degree in fewer than 5 years.
(ll) If a
district’s or public school academy’s membership for a particular fiscal year,
as otherwise calculated under this subsection, includes pupils counted in
membership who are enrolled under section 166b, all of the following apply for
the purposes of this subdivision:
(i) If the
district’s or public school academy’s membership for pupils counted under
section 166b equals or exceeds 5% of the district’s or public school academy’s
membership for pupils not counted in membership under section 166b in the
immediately preceding fiscal year, then the growth in the district’s or public
school academy’s membership for pupils counted under section 166b must not
exceed 10%.
(ii) If the
district’s or public school academy’s membership for pupils counted under
section 166b is less than 5% of the district’s or public school academy’s
membership for pupils not counted in membership under section 166b in the
immediately preceding fiscal year, then the district’s or public school
academy’s membership for pupils counted under section 166b must not exceed the
greater of the following:
(A) 5% of the
district’s or public school academy’s membership for pupils not counted in
membership under section 166b.
(B) 10% more than the
district’s or public school academy’s membership for pupils counted under section
166b in the immediately preceding fiscal year.
(iii) If 1 or
more districts consolidate or are parties to an annexation, then the
calculations under subdivisions (i) and (ii) must be applied to
the combined total membership for pupils counted in those districts for the
fiscal year immediately preceding the consolidation or annexation.
(mm) Beginning with
the 2019-2020 school year, if a district, intermediate district, or public
school academy charges tuition for a pupil that resided out of state in the
immediately preceding school year, the pupil shall not be counted in membership
in the district, intermediate district, or public school academy.
(5) “Public school
academy” means that term as defined in section 5 of the revised school code,
MCL 380.5.
(a)
A nonpublic part-time pupil enrolled in grades K to 12 in accordance with
section 166b.
(b) A pupil receiving
1/2 or less of his or her instruction in a district other than the pupil’s
district of residence.
(c) A pupil enrolled
in a public school academy.
(d) A pupil enrolled
in a district other than the pupil’s district of residence under an
intermediate district schools of choice pilot program as described in section
91a or former section 91 if the intermediate district and its constituent
districts have been exempted from section 105.
(e) A pupil enrolled
in a district other than the pupil’s district of residence if the pupil is
enrolled in accordance with section 105 or 105c.
(f) A pupil who has
made an official written complaint or whose parent or legal guardian has made
an official written complaint to law enforcement officials and to school
officials of the pupil’s district of residence that the pupil has been the
victim of a criminal sexual assault or other serious assault, if the official
complaint either indicates that the assault occurred at school or that the
assault was committed by 1 or more other pupils enrolled in the school the
pupil would otherwise attend in the district of residence or by an employee of
the district of residence. A person who intentionally makes a false report of a
crime to law enforcement officials for the purposes of this subdivision is
subject to section 411a of the Michigan penal code, 1931 PA 328, MCL 750.411a,
which provides criminal penalties for that conduct. As used in this
subdivision:
(i) “At school”
means in a classroom, elsewhere on school premises, on a school bus or other
school-related vehicle, or at a school-sponsored activity or event whether or
not it is held on school premises.
(ii) “Serious
assault” means an act that constitutes a felony violation of chapter XI of the
Michigan penal code, 1931 PA 328, MCL 750.81 to 750.90h, or that constitutes an
assault and infliction of serious or aggravated injury under section 81a of the
Michigan penal code, 1931 PA 328, MCL 750.81a.
(g) A pupil whose
district of residence changed after the pupil membership count day and before
the supplemental count day and who continues to be enrolled on the supplemental
count day as a nonresident in the district in which he or she was enrolled as a
resident on the pupil membership count day of the same school year.
(h) A pupil enrolled
in an alternative education program operated by a district other than his or
her district of residence who meets 1 or more of the following:
(i) The pupil
has been suspended or expelled from his or her district of residence for any
reason, including, but not limited to, a suspension or expulsion under section
1310, 1311, or 1311a of the revised school code, MCL 380.1310, 380.1311, and
380.1311a.
(ii) The pupil
had previously dropped out of school.
(iii) The pupil
is pregnant or is a parent.
(iv) The pupil
has been referred to the program by a court.
(i) A pupil enrolled
in the Michigan Virtual School, for the pupil’s enrollment in the Michigan
Virtual School.
(j) A pupil who is the
child of a person who works at the district or who is the child of a person who
worked at the district as of the time the pupil first enrolled in the district
but who no longer works at the district due to a workforce reduction. As used
in this subdivision, “child” includes an adopted child, stepchild, or legal
ward.
(k) An expelled pupil
who has been denied reinstatement by the expelling district and is reinstated
by another school board under section 1311 or 1311a of the revised school code,
MCL 380.1311 and 380.1311a.
(l) A pupil
enrolled in a district other than the pupil’s district of residence in a middle
college program if the pupil’s district of residence and the enrolling district
are both constituent districts of the same intermediate district.
(m) A pupil enrolled
in a district other than the pupil’s district of residence who attends a United
States Olympic Education Center.
(n) A pupil enrolled
in a district other than the pupil’s district of residence pursuant to section
1148(2) of the revised school code, MCL 380.1148.
However,
except for pupils enrolled in the youth challenge program at the site at which
the youth challenge program operated for 2015-2016, if a district educates
pupils who reside in another district and if the primary instructional site for
those pupils is established by the educating district after 2009-2010 and is
located within the boundaries of that other district, the educating district
must have the approval of that other district to count those pupils in
membership.
(7) “Pupil membership
count day” of a district or intermediate district means:
(a) Except as provided
in subdivision (b), the first Wednesday in October each school year or, for a
district or building in which school is not in session on that Wednesday due to
conditions not within the control of school authorities, with the approval of
the superintendent, the immediately following day on which school is in session
in the district or building.
(b) For a district or
intermediate district maintaining school during the entire school year, the
following days:
(i) Fourth
Wednesday in July.
(ii) First
Wednesday in October.
(iii) Second
Wednesday in February.
(iv) Fourth
Wednesday in April.
(8) “Pupils in grades
K to 12 actually enrolled and in regular daily attendance” means pupils in
grades K to 12 in attendance and receiving instruction in all classes for which
they are enrolled on the pupil membership count day or the supplemental count
day, as applicable. Except as otherwise provided in this subsection, a pupil
who is absent from any of the classes in which the pupil is enrolled on the
pupil membership count day or supplemental count day and who does not attend
each of those classes during the 10 consecutive school days immediately
following the pupil membership count day or supplemental count day, except for
a pupil who has been excused by the district, shall not be counted as 1.0
full-time equated membership. A pupil who is excused from attendance on the
pupil membership count day or supplemental count day and who fails to attend
each of the classes in which the pupil is enrolled within 30 calendar days
after the pupil membership count day or supplemental count day shall not be counted
as 1.0 full-time equated membership. In addition, a pupil who was enrolled and
in attendance in a district, intermediate district, or public school academy
before the pupil membership count day or supplemental count day of a particular
year but was expelled or suspended on the pupil membership count day or
supplemental count day shall only be counted as 1.0 full-time equated
membership if the pupil resumed attendance in the district, intermediate
district, or public school academy within 45 days after the pupil membership
count day or supplemental count day of that particular year. Pupils not counted
as 1.0 full-time equated membership due to an absence from a class shall be
counted as a prorated membership for the classes the pupil attended. For purposes
of this subsection, “class” means a period of time in 1 day when pupils and a
certificated teacher, a teacher engaged to teach under section 1233b of the
revised school code, MCL 380.1233b, or an individual working under a valid
substitute permit, authorization, or approval issued by the department, are
together and instruction is taking place.
(9) “Rule” means a
rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA
306, MCL 24.201 to 24.328.
(10) “The revised
school code” means the revised school code, 1976 PA 451, MCL 380.1 to 380.1852.
(11) “School district
of the first class”, “first class school district”, and “district of the first
class” mean, for the purposes of this article only, a district that had at
least 40,000 pupils in membership for the immediately preceding fiscal year.
(12) “School fiscal
year” means a fiscal year that commences July 1 and continues through June 30.
(13) “State board”
means the state board of education.
(14) “Superintendent”,
unless the context clearly refers to a district or intermediate district
superintendent, means the superintendent of public instruction described in
section 3 of article VIII of the state constitution of 1963.
(15) “Supplemental
count day” means the day on which the supplemental pupil count is conducted
under section 6a.
(16) “Tuition pupil”
means a pupil of school age attending school in a district other than the
pupil’s district of residence for whom tuition may be charged to the district
of residence. Tuition pupil does not include a pupil who is a special education
pupil, a pupil described in subsection (6)(c) to (o), or a pupil whose parent
or guardian voluntarily enrolls the pupil in a district that is not the pupil’s
district of residence. A pupil’s district of residence shall not require a high
school tuition pupil, as provided under section 111, to attend another school
district after the pupil has been assigned to a school district.
(17) “State school aid
fund” means the state school aid fund established in section 11 of article IX
of the state constitution of 1963.
(18) “Taxable value”
means the taxable value of property as determined under section 27a of the
general property tax act, 1893 PA 206, MCL 211.27a.
(19) “Textbook” means
a book, electronic book, or other instructional print or electronic resource
that is selected and approved by the governing board of a district and that
contains a presentation of principles of a subject, or that is a literary work
relevant to the study of a subject required for the use of classroom pupils, or
another type of course material that forms the basis of classroom instruction.
(20) “Total state aid”
or “total state school aid” means the total combined amount of all funds due to
a district, intermediate district, or other entity under this article.
Sec. 8b. (1) The department shall WORK WITH THE CENTER TO assign a district code to each public
school academy that is authorized under the revised school code and is eligible
to receive funding under this article.
within WITHIN 30 days after a
contract is submitted to the department by the authorizing body of a public
school academy, THE CENTER SHALL MAKE
THE DISTRICT CODE AVAILABLE.
(2) If the department does not assign a district code to a
public school academy within the 30-day period described in subsection (1), the
district code the department shall use to make payments under this article to
the newly authorized public school academy shall be a number that is equivalent
to the sum of the last district code assigned to a public school academy
located in the same county as the newly authorized public school academy plus
1. However, if there is not an existing public school academy located in the
same county as the newly authorized public school academy, then the district code
the department shall use to make payments under this article to the newly
authorized public school academy shall be a 5-digit number that has the county
code in which the public school academy is located as its first 2 digits, 9 as
its third digit, 0 as its fourth digit, and 1 as its fifth digit. If the number
of public school academies in a county grows to exceed 100, the third digit in
this 5-digit number shall then be 7 for the public school academies in excess
of 100.
(2) (3) For
each school of excellence that is a cyber school and is authorized under part
6e of the revised school code, MCL 380.551 to 380.561, by a school district,
intermediate school district, community college other than a federal tribally
controlled community college, or other authorizing body that is not empowered
to authorize a school of excellence to operate statewide and is eligible to
receive funding under this article, all of the following apply:
(a) The department shall assign a district code that includes
as the first 2 digits the county code in which the authorizing body is located.
(b) If the cyber school does not provide instruction at a
specific location, the intermediate district that would normally provide
programs and services to the school district in which the administrative office
of the cyber school is located shall provide programs and services to the cyber
school. The intermediate school district required to provide programs and
services to a cyber school under this subdivision remains the same for as long
as that cyber school is in operation.
Sec. 11. (1) For
the fiscal year ending September 30, 2018, there is appropriated for the public
schools of this state and certain other state purposes relating to education
the sum of $12,682,127,200.00 from the state school aid fund, the sum of
$78,500,000.00 from the general fund, an amount not to exceed $72,000,000.00
from the community district education trust fund created under section 12 of
the Michigan trust fund act, 2000 PA 489, MCL 12.262, an amount not to exceed
$23,100,000.00 from the MPSERS retirement obligation reform reserve fund, and
an amount not to exceed $100.00 from the water emergency reserve fund. For
the fiscal year ending September 30, 2019, 2020, there is appropriated for the public schools of this state
and certain other state purposes relating to education the sum of $12,876,825,200.00
$13,504,660,300.00 from the
state school aid fund, the sum of $87,920,000.00 $45,000,000.00 from
the general fund, an amount not to exceed $72,000,000.00 from the community
district education trust fund created under section 12 of the Michigan trust
fund act, 2000 PA 489, MCL 12.262, an amount not to exceed $31,900,000.00
from the MPSERS retirement obligation reform reserve fund, an amount not to
exceed $30,000,000.00 from the school mental health and support services fund
created under section 31m, and an amount not to exceed $100.00 from the
water emergency reserve fund. In addition, all available federal funds are
appropriated each fiscal year for the fiscal years YEAR ending September 30, 2018 and
September 30, 2019. 2020.
(2) The appropriations under this section shall be allocated as
provided in this article. Money appropriated under this section from the
general fund shall be expended to fund the purposes of this article before the
expenditure of money appropriated under this section from the state school aid
fund.
(3) Any general fund
allocations under this article that are not expended by the end of the state
fiscal year are transferred to the school aid stabilization fund created under
section 11a.
Sec. 11a. (1) The school aid stabilization fund is created as
a separate account within the state school aid fund established by section 11
of article IX of the state constitution of 1963.
(2) The state treasurer may receive money or other assets from
any source for deposit into the school aid stabilization fund. The state
treasurer shall deposit into the school aid stabilization fund all of the
following:
(a) Unexpended and unencumbered state school aid fund revenue
for a fiscal year that remains in the state school aid fund as of the
bookclosing for that fiscal year.
(b) Money statutorily dedicated to the school aid
stabilization fund.
(c) Money appropriated to the school aid stabilization fund.
(3) Money available in the school aid stabilization fund may
not be expended without a specific appropriation from the school aid
stabilization fund. Money in the school aid stabilization fund shall be
expended only for purposes for which state school aid fund money may be
expended.
(4) The state treasurer shall direct the investment of the
school aid stabilization fund. The state treasurer shall credit to the school
aid stabilization fund interest and earnings from fund investments.
(5) Money in the school aid stabilization fund at the close of
a fiscal year shall remain in the school aid stabilization fund and shall not
lapse to the unreserved school aid fund balance or the general fund.
(6) If the maximum amount appropriated under section 11 from
the state school aid fund for a fiscal year exceeds the amount available for
expenditure from the state school aid fund for that fiscal year, there is
appropriated from the school aid stabilization fund to the state school aid
fund an amount equal to the projected shortfall as determined by the department
of treasury, but not to exceed available money in the school aid stabilization
fund. If the money in the school aid stabilization fund is insufficient to
fully fund an amount equal to the projected shortfall, the state budget
director shall notify the legislature as required under section 296(2) and
state payments in an amount equal to the remainder of the projected shortfall
shall be prorated in the manner provided under section 296(3).
(7) For 2018-2019, 2019-2020,
in addition to the appropriations in section 11, there is appropriated from
the school aid stabilization fund to the state school aid fund the amount
necessary to fully fund the allocations under this article.
Sec. 11j. From the appropriation in section 11, there is
allocated an amount not to exceed $125,500,000.00 for 2018-2019 2019-2020 for payments to the school
loan bond redemption fund in the department of treasury on behalf of districts
and intermediate districts. Notwithstanding section 296 or any other provision
of this act, funds allocated under this section are not subject to proration
and shall be paid in full.
Sec. 11k. For 2018-2019, 2019-2020 there is appropriated from the general fund to the school
loan revolving fund an amount equal to the amount of school bond loans assigned
to the Michigan finance authority, not to exceed the total amount of school
bond loans held in reserve as long-term assets. As used in this section,
"school loan revolving fund" means that fund created in section 16c
of the shared credit rating act, 1985 PA 227, MCL 141.1066c.
Sec. 11m. From the appropriation in section 11, there is
allocated for 2017-2018 an amount not to exceed $18,000,000.00 and there is allocated for 2018-2019 2019-2020 an amount not to exceed $24,000,000.00 $56,000,000.00 for fiscal year
cash-flow borrowing costs solely related to the state school aid fund
established by section 11 of article IX of the state constitution of 1963.
Sec. 11s. (1) From the general fund appropriation in
section 11, there is allocated $3,230,000.00 $8,075,000.00 for 2018-2019 2019-2020 for the purpose of providing services and programs to
children who reside within the boundaries of a district with the majority of
its territory located within the boundaries of a city for which an executive
proclamation of emergency is issued in the current or immediately preceding 3
4 fiscal years under the
emergency management act, 1976 PA 390, MCL 30.401 to 30.421. From the funding
appropriated in section 11, there is allocated for fiscal year 2018-2019 2019-2020 $100.00 from the water
emergency reserve fund for the purposes of this section.
(2) From the allocation in subsection (1), there is allocated
to a district with the majority of its territory located within the boundaries
of a city in which an executive proclamation of emergency is issued in the
current or immediately preceding 3 4
fiscal years and that has at least 4,500 pupils in membership for the 2016-2017
fiscal year or has at least 4,000 pupils in membership for a fiscal year after
2016-2017, an amount not to exceed $2,625,000.00 $2,425,000.00 for 2018-2019
2019-2020 for the purpose of
employing school nurses, classroom aides, and school social workers. The
district shall provide a report to the department in a form, manner, and frequency
prescribed by the department. The department shall provide a copy of that
report to the governor, the house and senate school aid subcommittees, the
house and senate fiscal agencies, and the state budget director within 5 days
after receipt. The report shall provide at least the following information:
(a) How many personnel were hired using the funds allocated
under this subsection.
(b) A description of the services provided to pupils by those
personnel.
(c) How many pupils received each type of service identified
in subdivision (b).
(d) Any other information the department considers necessary
to ensure that the children described in subsection (1) received appropriate
levels and types of services.
(3) For 2018-2019 only, 2019-2020, from the allocation in subsection (1), there is
allocated an amount not to exceed $0.00 $4,000,000.00 to an intermediate district that has a constituent
district described in subsection (2) to provide state early intervention
services for children described in subsection (1) who are less than 4 years
of age as of September 1, 2016. BETWEEN
3 YEARS OF AGE AND 5 YEARS OF AGE. The intermediate district shall use
these funds to provide state early intervention services that are similar to
the services described in the early on Michigan state plan, including ensuring
that all children described in subsection (1) who are less than 4 years of age
as of September 1, 2016 are assessed and evaluated at least twice annually.
(4) FROM THE ALLOCATION
IN SUBSECTION (1), THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $1,000,000.00 FOR
2019-2020 TO THE INTERMEDIATE DISTRICTS DESCRIBED IN SUBSECTION (3) TO ENROLL
CHILDREN DESCRIBED IN SUBSECTION (1) IN SCHOOL-DAY GREAT START READINESS
PROGRAMS, REGARDLESS OF HOUSEHOLD INCOME ELIGIBILITY REQUIREMENTS CONTAINED IN
SECTION 39. THE DEPARTMENT SHALL ADMINISTER THIS FUNDING CONSISTENT WITH ALL
OTHER PROVISIONS OF THE GREAT START READINESS PROGRAMS CONTAINED IN SECTION 32D
AND SECTION 39.
(4) For 2018-2019, 2019-2020
from the allocation in subsection (1), there is allocated an amount not to
exceed $605,000.00 $650,000.00
for nutritional services to children described in subsection (1).
(5) In addition to other funding allocated and appropriated in
this section, there is appropriated an amount not to exceed $15,000,000.00 for
fiscal year 2018-2019 2019-2020
for state restricted contingency funds. These contingency funds are not
available for expenditure until they have been transferred to a section within
this article under section 393(2) of the management and budget act, 1984 PA
431, MCL 18.1393.
(6) Notwithstanding section 17b, payments under this section
shall be paid on a schedule determined by the department.
Sec. 15. (1) If a district or intermediate district fails to
receive its proper apportionment, the department, upon satisfactory proof that
the district or intermediate district was entitled justly, shall apportion the
deficiency in the next apportionment. Subject to subsections (2) and (3), if a
district or intermediate district has received more than its proper
apportionment, the department, upon satisfactory proof, shall deduct the excess
in the next apportionment. Notwithstanding any other provision in this article,
state aid overpayments to a district, other than overpayments in payments for
special education or special education transportation, may be recovered from
any payment made under this article other than a special education or special
education transportation payment, from the proceeds of a loan to the district
under the emergency municipal loan act, 1980 PA 243, MCL 141.931 to 141.942, or
from the proceeds of millage levied or pledged under section 1211 of the
revised school code, MCL 380.1211. State aid overpayments made in special
education or special education transportation payments may be recovered from
subsequent special education or special education transportation payments, from
the proceeds of a loan to the district under the emergency municipal loan act,
1980 PA 243, MCL 141.931 to 141.942, or from the proceeds of millage levied or
pledged under section 1211 of the revised school code, MCL 380.1211.
(2) If the result of an audit conducted by or for the
department affects the current fiscal year membership, affected payments shall
be adjusted in the current fiscal year. A deduction due to an adjustment made
as a result of an audit conducted by or for the department, or as a result of
information obtained by the department from the district, an intermediate
district, the department of treasury, or the office of auditor general, shall
be deducted from the district's apportionments when the adjustment is
finalized. At the request of the district and upon the district presenting
evidence satisfactory to the department of the hardship, the department may
grant up to an additional 9 4 years
for the adjustment and may advance payments to the district otherwise
authorized under this article if the district would otherwise experience a
significant hardship in satisfying its financial obligations.
(3) If, based on an audit by the department or the
department's designee or because of new or updated information received by the
department, the department determines that the amount paid to a district or
intermediate district under this article for the current fiscal year or a prior
fiscal year was incorrect, the department shall make the appropriate deduction
or payment in the district's or intermediate district's allocation in the next
apportionment after the adjustment is finalized. The deduction or payment shall
be calculated according to the law in effect in the fiscal year in which the
incorrect amount was paid. If the district does not receive an allocation for
the fiscal year or if the allocation is not sufficient to pay the amount of any
deduction, the amount of any deduction otherwise applicable shall be satisfied
from the proceeds of a loan to the district under the emergency municipal loan
act, 1980 PA 243, MCL 141.931 to 141.942, or from the proceeds of millage
levied or pledged under section 1211 of the revised school code, MCL 380.1211,
as determined by the department.
(4) IF THE DEPARTMENT
BASES AN ADJUSTMENT UNDER THIS SECTION IN WHOLE OR IN PART ON A FINDING THAT A
DISTRICT OR INTERMEDIATE DISTRICT EMPLOYED AN EDUCATOR IN VIOLATION OF
CERTIFICATION REQUIREMENTS SET FORTH IN THE REVISED SCHOOL CODE AND RULES
PROMULGATED BY THE DEPARTMENT, THE DEPARTMENT SHALL PRORATE THE ADJUSTMENT
ACCORDING TO THE PERIOD OF NONCOMPLIANCE WITH THE CERTIFICATION REQUIREMENTS.
(5) (4) The department may
conduct audits, or may direct audits by designee of the department, for the
current fiscal year and the immediately preceding 3 fiscal year YEARS
of all records related to a program for which a district or intermediate
district has received funds under this article.
(6) (5) Expenditures
made by the department under this article that are caused by the write-off of
prior year accruals may be funded by revenue from the write-off of prior year
accruals.
(7) (6) In
addition to funds appropriated in section 11 for all programs and services,
there is appropriated for 2018-2019 2019-2020
for obligations in excess of applicable appropriations an amount equal to the
collection of overpayments, but not to exceed amounts available from
overpayments.
Sec. 18. (1) Except as
provided in another section of this article, each district or other entity
shall apply the money received by the district or entity under this article to
salaries and other compensation of teachers and other employees, tuition,
transportation, lighting, heating, ventilation, water service, the purchase of
textbooks, other supplies, and any other school operating expenditures defined
in section 7. However, not more than 20% of the total amount received by a
district under sections 22a and 22b or received by an intermediate district
under section 81 may be transferred by the board to either the capital projects
fund or to the debt retirement fund for debt service. The money shall not be
applied or taken for a purpose other than as provided in this section. The
department shall determine the reasonableness of expenditures and may withhold
from a recipient of funds under this article the apportionment otherwise due
upon a violation by the recipient.
(2) A district or intermediate district
shall adopt an annual budget in a manner that complies with the uniform
budgeting and accounting act, 1968 PA 2, MCL 141.421 to 141.440a. Within 15
days after a district board adopts its annual operating budget for the
following school fiscal year, or after a district board adopts a subsequent
revision to that budget, the district shall make all of the following available
through a link on its website homepage, or may make the information available
through a link on its intermediate district’s website homepage, in a form and
manner prescribed by the department:
(a) The annual
operating budget and subsequent budget revisions.
(b) Using data that
have already been collected and submitted to the department, a summary of
district expenditures for the most recent fiscal year for which they are
available, expressed in the following 2 visual displays:
(i) A chart of
personnel expenditures, broken into the following subcategories:
(A) Salaries and
wages.
(B) Employee benefit
costs, including, but not limited to, medical, dental, vision, life,
disability, and long-term care benefits.
(C) Retirement benefit
costs.
(D) All other
personnel costs.
(ii) A chart of
all district expenditures, broken into the following subcategories:
(A) Instruction.
(B) Support services.
(C) Business and
administration.
(D) Operations and
maintenance.
(c) Links to all of
the following:
(i) The current
collective bargaining agreement for each bargaining unit.
(ii) Each
health care benefits plan, including, but not limited to, medical, dental,
vision, disability, long-term care, or any other type of benefits that would
constitute health care services, offered to any bargaining unit or employee in
the district.
(iii) The audit
report of the audit conducted under subsection (4) for the most recent fiscal
year for which it is available.
(iv) The bids
required under section 5 of the public employees health benefit act, 2007 PA
106, MCL 124.75.
(v) The
district’s written policy governing procurement of supplies, materials, and
equipment.
(vi) The
district’s written policy establishing specific categories of reimbursable
expenses, as described in section 1254(2) of the revised school code, MCL
380.1254.
(vii) Either
the district’s accounts payable check register for the most recent school
fiscal year or a statement of the total amount of expenses incurred by board
members or employees of the district that were reimbursed by the district for
the most recent school fiscal year.
(d) The total salary
and a description and cost of each fringe benefit included in the compensation
package for the superintendent of the district and for each employee of the
district whose salary exceeds $100,000.00.
(e) The annual amount
spent on dues paid to associations.
(f) The annual amount
spent on lobbying or lobbying services. As used in this subdivision, “lobbying”
means that term as defined in section 5 of 1978 PA 472, MCL 4.415.
(g) Any deficit
elimination plan or enhanced deficit elimination plan the district was required
to submit under the revised school code.
(h) Identification of
all credit cards maintained by the district as district credit cards, the
identity of all individuals authorized to use each of those credit cards, the
credit limit on each credit card, and the dollar limit, if any, for each
individual’s authorized use of the credit card.
(i) Costs incurred for
each instance of out-of-state travel by the school administrator of the
district that is fully or partially paid for by the district and the details of
each of those instances of out-of-state travel, including at least identification
of each individual on the trip, destination, and purpose.
(3) For the
information required under subsection (2)(a), (2)(b)(i), and (2)(c), an
intermediate district shall provide the same information in the same manner as
required for a district under subsection (2).
(4) For the purposes
of determining the reasonableness of expenditures, whether a district or
intermediate district has received the proper amount of funds under this
article, and whether a violation of this article has occurred, all of the following
apply:
(a) The department
shall require that each district and intermediate district have an audit of the
district’s or intermediate district’s financial and pupil accounting records
conducted at least annually, and at such other times as determined by the
department, at the expense of the district or intermediate district, as
applicable. The audits must be performed by a certified public accountant or by
the intermediate district superintendent, as may be required by the department,
or in the case of a district of the first class by a certified public
accountant, the intermediate superintendent, or the auditor general of the
city. A district or intermediate district shall retain these records for the
current fiscal year and from at least the 3 immediately preceding fiscal years.
(b) If a district
operates in a single building with fewer than 700 full-time equated pupils, if
the district has stable membership, and if the error rate of the immediately
preceding 2 pupil accounting field audits of the district is less than 2%, the
district may have a pupil accounting field audit conducted biennially but must
continue to have desk audits for each pupil count. The auditor must document
compliance with the audit cycle in the pupil auditing manual. As used in this
subdivision, “stable membership” means that the district’s membership for the
current fiscal year varies from the district’s membership for the immediately
preceding fiscal year by less than 5%.
(c) A district’s or
intermediate district’s annual financial audit shall include an analysis of the
financial and pupil accounting data used as the basis for distribution of state
school aid.
(d) The pupil and
financial accounting records and reports, audits, and management letters are
subject to requirements established in the auditing and accounting manuals
approved and published by the department.
(e) All of the
following shall be done not later than November 1 each year for reporting the
prior fiscal year data:
(i) A district
shall file the annual financial audit reports with the intermediate district
and the department.
(ii) The
intermediate district shall file the annual financial audit reports for the
intermediate district with the department.
(iii) The
intermediate district shall enter the pupil membership audit reports for its
constituent districts and for the intermediate district, for the pupil
membership count day and supplemental count day, in the Michigan student data
system.
(f) The annual
financial audit reports and pupil accounting procedures reports shall be
available to the public in compliance with the freedom of information act, 1976
PA 442, MCL 15.231 to 15.246.
(g) Not later than
January 31 of each year, the department shall notify the state budget director
and the legislative appropriations subcommittees responsible for review of the
school aid budget of districts and intermediate districts that have not filed
an annual financial audit and pupil accounting procedures report required under
this section for the school year ending in the immediately preceding fiscal
year.
(5) By November 1 each
fiscal year, each district and intermediate district shall submit to the
center, in a manner prescribed by the center, annual comprehensive financial
data consistent with the district’s or intermediate district’s audited
financial statements and consistent with accounting manuals and charts of
accounts approved and published by the department. For an intermediate
district, the report shall also contain the website address where the
department can access the report required under section 620 of the revised
school code, MCL 380.620. The department shall ensure that the prescribed
Michigan public school accounting manual chart of accounts includes standard
conventions to distinguish expenditures by allowable fund function and object.
The functions shall include at minimum categories for instruction, pupil
support, instructional staff support, general administration, school
administration, business administration, transportation, facilities operation
and maintenance, facilities acquisition, and debt service; and shall include
object classifications of salary, benefits, including categories for active
employee health expenditures, purchased services, supplies, capital outlay, and
other. Districts shall report the required level of detail consistent with the
manual as part of the comprehensive annual financial report.
(6) By September 30 of
each year, each district and intermediate district shall file with the center
the special education actual cost report, known as “SE-4096”, on a form and in
the manner prescribed by the center. An intermediate district shall certify the
audit of a district’s report.
(7) By October 7 of
each year, each district and intermediate district shall file with the center
the audited transportation expenditure report, known as “SE-4094”, on a form
and in the manner prescribed by the center. An intermediate district shall
certify the audit of a district’s report.
(8) The department
shall review its pupil accounting and pupil auditing manuals at least annually
and shall periodically update those manuals to reflect changes in this article.
(9) If a district that
is a public school academy purchases property using money received under this
article, the public school academy shall retain ownership of the property
unless the public school academy sells the property at fair market value.
(10) If a district or
intermediate district does not comply with subsections (4), (5), (6), (7), and
(12), or if the department determines that the financial data required under
subsection (5) are not consistent with audited financial statements, the
department shall withhold all state school aid due to the district or
intermediate district under this article, beginning with the next payment due
to the district or intermediate district, until the district or intermediate
district complies with subsections (4), (5), (6), (7), and (12). If the
district or intermediate district does not comply with subsections (4), (5),
(6), (7), and (12) by the end of the fiscal year, the district or intermediate
district forfeits the amount withheld.
(11) If a district or
intermediate district does not comply with subsection (2), the department may
withhold up to 10% of the total state school aid due to the district or intermediate
district under this article, beginning with the next payment due to the
district or intermediate district, until the district or intermediate district
complies with subsection (2). If the district or intermediate district does not
comply with subsection (2) by the end of the fiscal year, the district or
intermediate district forfeits the amount withheld.
(12) By November 1 of
each year, if a district or intermediate district offers virtual learning under
section 21f, or for a school of excellence that is a cyber school, as defined
in section 551 of the revised school code, MCL 380.551, the district or
intermediate district shall submit to the department a report that details the
per-pupil costs of operating the virtual learning by vendor type and virtual
learning model. The report shall include information concerning the operation
of virtual learning for the immediately preceding school fiscal year, including
information concerning summer programming. Information must be collected in a
form and manner determined by the department and must be collected in the most
efficient manner possible to reduce the administrative burden on reporting
entities.
(13) By March 31 of
each year, the department shall submit to the house and senate appropriations
subcommittees on state school aid, the state budget director, and the house and
senate fiscal agencies a report summarizing the per-pupil costs by vendor type
of virtual courses available under section 21f and virtual courses provided by
a school of excellence that is a cyber school, as defined in section 551 of the
revised school code, MCL 380.551.
(14) As used in
subsections (12) and (13), “vendor type” means the following:
(a) Virtual courses
provided by the Michigan Virtual University.
(b) Virtual courses
provided by a school of excellence that is a cyber school, as defined in
section 551 of the revised school code, MCL 380.551.
(c) Virtual courses
provided by third party vendors not affiliated with a Michigan public school.
(d) Virtual courses
created and offered by a district or intermediate district.
(15) An allocation to
a district or another entity under this article is contingent upon the
district’s or entity’s compliance with this section.
(16) Beginning October
1, 2018, and annually thereafter, the department shall submit to the senate and
house subcommittees on school aid and to the senate and house standing
committees on education an itemized list of allocations under this article to
any association or consortium consisting of associations in the immediately
preceding fiscal year. The report shall detail the recipient or recipients, the
amount allocated, and the purpose for which the funds were distributed.
Sec. 20. (1) For 2018-2019, 2019-2020 both of the following apply:
(a) The basic foundation allowance is $8,409.00. $8,529.00.
(b) The minimum foundation allowance is $7,871.00. $8,051.00.
(2) The amount of each district's foundation allowance shall
be calculated as provided in this section, using a basic foundation allowance
in the amount specified in subsection (1).
(3) Except as otherwise provided in this section, the amount
of a district's foundation allowance shall be calculated as follows, using in
all calculations the total amount of the district's foundation allowance as
calculated before any proration:
(a) Except as otherwise provided in this subdivision, for a
district that had a foundation allowance for the immediately preceding state
fiscal year that was at least equal to the minimum foundation allowance for the
immediately preceding state fiscal year, but less than the basic foundation
allowance for the immediately preceding state fiscal year, the district shall
receive a foundation allowance in an amount equal to the sum of the district's
foundation allowance for the immediately preceding state fiscal year plus the
difference between twice ONE AND
A HALF TIMES the dollar amount of the adjustment from the immediately
preceding state fiscal year to the current state fiscal year made in the basic
foundation allowance and [(the difference between the basic foundation
allowance for the current state fiscal year and basic foundation allowance for
the immediately preceding state fiscal year minus $40.00) times (the difference
between the district's foundation allowance for the immediately preceding state
fiscal year and the minimum foundation allowance for the immediately preceding
state fiscal year) divided by the difference between the basic foundation
allowance for the current state fiscal year and the minimum foundation allowance
for the immediately preceding state fiscal year.] However, the foundation
allowance for a district that had less than the basic foundation allowance for
the immediately preceding state fiscal year shall not exceed the basic
foundation allowance for the current state fiscal year.
(b) Except as otherwise provided in this subsection, for a
district that in the immediately preceding state fiscal year had a foundation
allowance in an amount equal to the amount of the basic foundation allowance
for the immediately preceding state fiscal year, the district shall receive a
foundation allowance for 2018-2019 2019-2020
in an amount equal to the basic foundation allowance for 2018-2019. 2019-2020.
(c) For a district that had a foundation allowance for the
immediately preceding state fiscal year that was greater than the basic
foundation allowance for the immediately preceding state fiscal year, the
district's foundation allowance is an amount equal to the sum of the district's
foundation allowance for the immediately preceding state fiscal year plus the
lesser of the increase in the basic foundation allowance for the current state
fiscal year, as compared to the immediately preceding state fiscal year, or the
product of the district's foundation allowance for the immediately preceding
state fiscal year times the percentage increase in the United States consumer
price index in the calendar year ending in the immediately preceding fiscal
year as reported by the May revenue estimating conference conducted under
section 367b of the management and budget act, 1984 PA 431, MCL 18.1367b.
(d) For a district that has a foundation allowance that is not
a whole dollar amount, the district's foundation allowance shall be rounded up
to the nearest whole dollar.
(e) For a district that received a foundation allowance
supplemental payment calculated under section 20m and paid under section 22b
for 2017-2018, the district's 2017-2018 foundation
allowance is considered to have been an amount equal to the sum of the
district's actual 2017-2018 foundation allowance as otherwise calculated under
this section plus the lesser of the per pupil amount of the district's
supplemental payment for 2017-2018 as calculated under section 20m or the
product of the district's foundation allowance for the immediately preceding
state fiscal year times the percentage increase in the United States consumer
price index in the calendar year ending in the immediately preceding fiscal
year as reported by the May revenue estimating conference conducted under section
367b of the management and budget act, 1984 PA 431, MCL 18.1367b.
(4) Except as otherwise provided in this subsection, beginning
in 2014-2015, the state portion of a district's foundation allowance is an
amount equal to the district's foundation allowance or the basic foundation
allowance for the current state fiscal year, whichever is less, minus the local
portion of the district's foundation allowance. For a district described in
subsection (3)(c), beginning in 2014-2015, the state portion of the district's
foundation allowance is an amount equal to $6,962.00 plus the difference
between the district's foundation allowance for the current state fiscal year
and the district's foundation allowance for 1998-99, minus the local portion of
the district's foundation allowance. For a district that has a millage
reduction required under section 31 of article IX of the state constitution of
1963, the state portion of the district's foundation allowance shall be
calculated as if that reduction did not occur. For a receiving district, if
school operating taxes continue to be levied on behalf of a dissolved district
that has been attached in whole or in part to the receiving district to satisfy
debt obligations of the dissolved district under section 12 of the revised
school code, MCL 380.12, the taxable value per membership pupil of property in
the receiving district used for the purposes of this subsection does not
include the taxable value of property within the geographic area of the
dissolved district. For a community district, if school operating taxes
continue to be levied by a qualifying school district under section 12b of the
revised school code, MCL 380.12b, with the same geographic area as the
community district, the taxable value per membership pupil of property in the
community district to be used for the purposes of this subsection does not
include the taxable value of property within the geographic area of the
community district.
(5) The allocation calculated under this section for a pupil
shall be based on the foundation allowance of the pupil's district of
residence. For a pupil enrolled pursuant to section 105 or 105c in a district
other than the pupil's district of residence, the allocation calculated under
this section shall be based on the lesser of the foundation allowance of the
pupil's district of residence or the foundation allowance of the educating
district. For a pupil in membership in a K-5, K-6, or K-8 district who is
enrolled in another district in a grade not offered by the pupil's district of
residence, the allocation calculated under this section shall be based on the
foundation allowance of the educating district if the educating district's
foundation allowance is greater than the foundation allowance of the pupil's
district of residence. The calculation under this subsection shall take into
account a district's per-pupil allocation under section 20m.
(6) Except as otherwise provided in this subsection, for
pupils in membership, other than special education pupils, in a public school academy,
the allocation calculated under this section is an amount per membership pupil
other than special education pupils in the public school academy equal to the
foundation allowance of the district in which the public school academy is
located or the state maximum public school academy allocation, whichever is
less. Except as otherwise provided in this subsection, for pupils in
membership, other than special education pupils, in a public school academy
that is a cyber school and is authorized by a school district, the allocation
calculated under this section is an amount per membership pupil other than
special education pupils in the public school academy equal to the foundation
allowance of the district that authorized the public school academy or the state
maximum public school academy allocation, whichever is less. However, a public
school academy that had an allocation under this subsection before 2009-2010
that was equal to the sum of the local school operating revenue per membership
pupil other than special education pupils for the district in which the public
school academy is located and the state portion of that district's foundation
allowance shall not have that allocation reduced as a result of the 2010
amendment to this subsection. Notwithstanding section 101, for a public school
academy that begins operations after the pupil membership count day, the amount
per membership pupil calculated under this subsection shall be adjusted by
multiplying that amount per membership pupil by the number of hours of pupil
instruction provided by the public school academy after it begins operations,
as determined by the department, divided by the minimum number of hours of
pupil instruction required under section 101(3). The result of this calculation
shall not exceed the amount per membership pupil otherwise calculated under
this subsection.
BEGINNING IN 2019-2020, FOR PUPILS IN MEMBERSHIP IN A PUBLIC SCHOOL ACADEMY
THAT WAS ISSUED A CONTRACT UNDER SECTION 552 OF THE REVISED SCHOOL CODE, MCL
380.552, TO OPERATE AS A SCHOOL OF EXCELLENCE THAT IS A CYBER SCHOOL, THE
ALLOCATION CALCULATED UNDER THIS SECTION SHALL BE AN AMOUNT EQUAL TO 80% OF THE
AMOUNT AS WOULD OTHERWISE BE CALCULATED UNDER THIS SUBSECTION FOR A PUBLIC
SCHOOL ACADEMY.
(7)
Except as otherwise provided in this subsection, for pupils in membership,
other than special education pupils, in a community district, the allocation
calculated under this section is an amount per membership pupil other than
special education pupils in the community district equal to the foundation
allowance of the qualifying school district, as described in section 12b of the
revised school code, MCL 380.12b, that is located within the same geographic
area as the community district.
(8) Subject to subsection (4), for a district that is formed
or reconfigured after June 1, 2002 by consolidation of 2 or more districts or
by annexation, the resulting district's foundation allowance under this section
beginning after the effective date of the consolidation or annexation shall be
the lesser of the sum of the average of the foundation allowances of each of
the original or affected districts, calculated as provided in this section,
weighted as to the percentage of pupils in total membership in the resulting
district who reside in the geographic area of each of the original or affected
districts plus $100.00 or the highest foundation allowance among the original
or affected districts. This subsection does not apply to a receiving district
unless there is a subsequent consolidation or annexation that affects the
district. The calculation under this subsection shall take into account a
district's per-pupil allocation under section 20m.
(9) Each fraction used in making calculations under this
section shall be rounded to the fourth decimal place and the dollar amount of
an increase in the basic foundation allowance shall be rounded to the nearest
whole dollar.
(10) State payments related to payment of the foundation
allowance for a special education pupil are not calculated under this section
but are instead calculated under section 51a.
(11) To assist the legislature in determining the basic
foundation allowance for the subsequent state fiscal year, each revenue
estimating conference conducted under section 367b of the management and budget
act, 1984 PA 431, MCL 18.1367b, shall calculate a pupil membership factor, a
revenue adjustment factor, and an index as follows:
(a) The pupil membership factor shall be computed by dividing
the estimated membership in the school year ending in the current state fiscal
year, excluding intermediate district membership, by the estimated membership
for the school year ending in the subsequent state fiscal year, excluding
intermediate district membership. If a consensus membership factor is not
determined at the revenue estimating conference, the principals of the revenue
estimating conference shall report their estimates to the house and senate
subcommittees responsible for school aid appropriations not later than 7 days
after the conclusion of the revenue conference.
(b) The revenue adjustment factor shall be computed by
dividing the sum of the estimated total state school aid fund revenue for the
subsequent state fiscal year plus the estimated total state school aid fund
revenue for the current state fiscal year, adjusted for any change in the rate
or base of a tax the proceeds of which are deposited in that fund and excluding
money transferred into that fund from the countercyclical budget and economic
stabilization fund under the management and budget act, 1984 PA 431, MCL
18.1101 to 18.1594, by the sum of the estimated total school aid fund revenue
for the current state fiscal year plus the estimated total state school aid
fund revenue for the immediately preceding state fiscal year, adjusted for any
change in the rate or base of a tax the proceeds of which are deposited in that
fund. If a consensus revenue factor is not determined at the revenue estimating
conference, the principals of the revenue estimating conference shall report
their estimates to the house and senate subcommittees responsible for school
aid appropriations not later than 7 days after the conclusion of the revenue
conference.
(c) The index shall be calculated by multiplying the pupil
membership factor by the revenue adjustment factor. If a consensus index is not
determined at the revenue estimating conference, the principals of the revenue
estimating conference shall report their estimates to the house and senate
subcommittees responsible for school aid appropriations not later than 7 days
after the conclusion of the revenue conference.
(12) Payments to districts and public school academies shall
not be made under this section. Rather, the calculations under this section
shall be used to determine the amount of state payments under section 22b.
(13) If an amendment to section 2 of article VIII of the state
constitution of 1963 allowing state aid to some or all nonpublic schools is
approved by the voters of this state, each foundation allowance or per-pupil
payment calculation under this section may be reduced.
(14) As used in this section:
(a) "Certified mills" means the lesser of 18 mills
or the number of mills of school operating taxes levied by the district in
1993-94.
(b) "Combined state and local revenue" means the
aggregate of the district's state school aid received by or paid on behalf of
the district under this section and the district's local school operating
revenue.
(c) "Combined state and local revenue per membership
pupil" means the district's combined state and local revenue divided by
the district's membership excluding special education pupils.
(d) "Current state fiscal year" means the state
fiscal year for which a particular calculation is made.
(e) "Dissolved district" means a district that loses
its organization, has its territory attached to 1 or more other districts, and
is dissolved as provided under section 12 of the revised school code, MCL
380.12.
(f) "Immediately preceding state fiscal year" means
the state fiscal year immediately preceding the current state fiscal year.
(g) "Local portion of the district's foundation
allowance" means an amount that is equal to the difference between (the
sum of the product of the taxable value per membership pupil of all property in
the district that is nonexempt property times the district's certified mills
and, for a district with certified mills exceeding 12, the product of the
taxable value per membership pupil of property in the district that is
commercial personal property times the certified mills minus 12 mills) and (the
quotient of the product of the captured assessed valuation under tax increment
financing acts times the district's certified mills divided by the district's
membership excluding special education pupils).
(h) "Local school operating revenue" means school
operating taxes levied under section 1211 of the revised school code, MCL
380.1211. For a receiving district, if school operating taxes are to be levied
on behalf of a dissolved district that has been attached in whole or in part to
the receiving district to satisfy debt obligations of the dissolved district
under section 12 of the revised school code, MCL 380.12, local school operating
revenue does not include school operating taxes levied within the geographic
area of the dissolved district.
(i) "Local school operating revenue per membership
pupil" means a district's local school operating revenue divided by the
district's membership excluding special education pupils.
(j) "Maximum public school academy allocation",
except as otherwise provided in this subdivision, means the maximum per-pupil
allocation as calculated by adding the highest per-pupil allocation among all
public school academies for the immediately preceding state fiscal year plus
the difference between twice ONE
AND A HALF TIMES the amount of the difference between the basic foundation
allowance for the current state fiscal year and the basic foundation allowance
for the immediately preceding state fiscal year and [(the amount of the
difference between the basic foundation allowance for the current state fiscal
year and the basic foundation allowance for the immediately preceding state
fiscal year minus $40.00) times (the difference between the highest per-pupil
allocation among all public school academies for the immediately preceding state
fiscal year and the minimum foundation allowance for the immediately preceding
state fiscal year) divided by the difference between the basic foundation
allowance for the current state fiscal year and the minimum foundation
allowance for the immediately preceding state fiscal year.] For the purposes of
this subdivision, for 2018-2019, 2019-2020
the maximum public school academy allocation is $7,871.00. $8,051.00.
(k) "Membership" means the definition of that term
under section 6 as in effect for the particular fiscal year for which a
particular calculation is made.
(l) "Nonexempt property" means property that is not
a principal residence, qualified agricultural property, qualified forest
property, supportive housing property, industrial personal property, commercial
personal property, or property occupied by a public school academy.
(m) "Principal residence", "qualified
agricultural property", "qualified forest property",
"supportive housing property", "industrial personal
property", and "commercial personal property" mean those terms
as defined in section 1211 of the revised school code, MCL 380.1211.
(n) "Receiving district" means a district to which
all or part of the territory of a dissolved district is attached under section
12 of the revised school code, MCL 380.12.
(o) "School operating purposes" means the purposes
included in the operation costs of the district as prescribed in sections 7 and
18 and purposes authorized under section 1211 of the revised school code, MCL
380.1211.
(p) "School operating taxes" means local ad valorem
property taxes levied under section 1211 of the revised school code, MCL
380.1211, and retained for school operating purposes.
(q) "Tax increment financing acts" means 1975 PA
197, MCL 125.1651 to 125.1681, the tax increment finance authority act, 1980 PA
450, MCL 125.1801 to 125.1830, the local development financing act, 1986 PA
281, MCL 125.2151 to 125.2174, the brownfield redevelopment financing act, 1996
PA 381, MCL 125.2651 to 125.2670, or the corridor improvement authority act,
2005 PA 280, MCL 125.2871 to 125.2899.
(r) "Taxable value per membership pupil" means
taxable value, as certified by the county treasurer and reported to the
department, for the calendar year ending in the current state fiscal year
divided by the district's membership excluding special education pupils for the
school year ending in the current state fiscal year.
Sec. 20d. In making the final determination required under
former section 20a of a district's combined state and local revenue per
membership pupil in 1993-94 and in making calculations under section 20 for 2018-2019,
2019-2020, the department and
the department of treasury shall comply with all of the following:
(a) For a district that had combined state and local revenue
per membership pupil in the 1994-95 state fiscal year of $6,500.00 or more and
served as a fiscal agent for a state board designated area vocational education
center in the 1993-94 school year, total state school aid received by or paid
on behalf of the district pursuant to this act in 1993-94 shall exclude
payments made under former section 146 and under section 147 on behalf of the
district's employees who provided direct services to the area vocational
education center. Not later than June 30, 1996, the department shall make an
adjustment under this subdivision to the district's combined state and local
revenue per membership pupil in the 1994-95 state fiscal year and the
department of treasury shall make a final certification of the number of mills
that may be levied by the district under section 1211 of the revised school
code, MCL 380.1211, as a result of the adjustment under this subdivision.
(b) If a district had an adjustment made to its 1993-94 total
state school aid that excluded payments made under former section 146 and under
section 147 on behalf of the district's employees who provided direct services
for intermediate district center programs operated by the district under
sections 51 to 56, if nonresident pupils attending the center programs were included
in the district's membership for purposes of calculating the combined state and
local revenue per membership pupil for 1993-94, and if there is a signed
agreement by all constituent districts of the intermediate district that an
adjustment under this subdivision shall be made, the foundation allowances for
1995-96 and 1996-97 of all districts that had pupils attending the intermediate
district center program operated by the district that had the adjustment shall
be calculated as if their combined state and local revenue per membership pupil
for 1993-94 included resident pupils attending the center program and excluded
nonresident pupils attending the center program.
Sec. 20f. (1) From the funds appropriated in section 11, there
is allocated an amount not to exceed $18,000,000.00 for 2018-2019 2019-2020 for payments to eligible
districts under this section.
(2) The funding under this subsection is from the allocation
under subsection (1). A district is eligible for funding under this subsection
if the district received a payment under this section as it was in effect for
2013-2014. A district was eligible for funding in 2013-2014 if the sum of the
following was less than $5.00:
(a) The increase in the district's foundation allowance or
per-pupil payment as calculated under section 20 from 2012-2013 to 2013-2014.
(b) The district's equity payment per membership pupil under
former section 22c for 2013-2014.
(c) The quotient of the district's allocation under section
147a for 2012-2013 divided by the district's membership pupils for 2012-2013
minus the quotient of the district's allocation under section 147a for
2013-2014 divided by the district's membership pupils for 2013-2014.
(3) The amount allocated to each eligible district under
subsection (2) is an amount per membership pupil equal to the amount per
membership pupil the district received under this section in 2013-2014.
(4) The funding under this subsection is from the allocation
under subsection (1). A district is eligible for funding under this subsection
if the sum of the following is less than $25.00:
(a) The increase in the district's foundation allowance or
per-pupil payment as calculated under section 20 from 2014-2015 to 2015-2016.
(b) The decrease in the district's best practices per-pupil
funding under former section 22f from 2014-2015 to 2015-2016.
(c) The decrease in the district's pupil performance per-pupil
funding under former section 22j from 2014-2015 to 2015-2016.
(d) The quotient of the district's allocation under section
31a for 2015-2016 divided by the district's membership pupils for 2015-2016
minus the quotient of the district's allocation under section 31a for 2014-2015
divided by the district's membership pupils for 2014-2015.
(5) The amount allocated to each eligible district under
subsection (4) is an amount per membership pupil equal to $25.00 minus the sum
of the following:
(a) The increase in the district's foundation allowance or
per-pupil payment as calculated under section 20 from 2014-2015 to 2015-2016.
(b) The decrease in the district's best practices per-pupil
funding under former section 22f from 2014-2015 to 2015-2016.
(c) The decrease in the district's pupil performance per-pupil
funding under former section 22j from 2014-2015 to 2015-2016.
(d) The quotient of the district's allocation under section
31a for 2015-2016 divided by the district's membership pupils for 2015-2016
minus the quotient of the district's allocation under section 31a for 2014-2015
divided by the district's membership pupils for 2014-2015.
(6) If the allocation under subsection (1) is insufficient to
fully fund payments under subsections (3) and (5) as otherwise calculated under
this section, the department shall prorate payments under this section on an
equal per-pupil basis.
Sec. 21h. (1) From the appropriation in section 11, there is
allocated $7,000,000.00 for 2018-2019 2019-2020 for assisting districts assigned by the superintendent to
participate in a partnership to improve student achievement. The purpose of the
partnership is to identify district needs, develop intervention plans, and
partner with public, private, and nonprofit organizations to coordinate
resources and improve student achievement. Assignment of a district to a
partnership is at the sole discretion of the superintendent.
(2) A district assigned to a partnership by the superintendent
is eligible for funding under this section if the district includes at least 1
school that has been rated with a grade of "F", or comparable
performance rating, in the most recent state accountability system rating, that
is not under the supervision of the state school reform/redesign office, and
that does all of the following:
(a) Completes a comprehensive needs evaluation in
collaboration with an intermediate school district, community members,
education organizations, and postsecondary institutions, as applicable and
approved by the superintendent, within 90 days of assignment to the partnership
described in this section. The comprehensive needs evaluation shall include at
least all of the following:
(i) A review of the
district's implementation and utilization of a multi-tiered system of supports
to ensure that it is used to appropriately inform instruction.
(ii) A review of the
district and school building leadership and educator capacity to substantially
improve student outcomes.
(iii) A review of
classroom, instructional, and operational practices and curriculum to ensure
alignment with research-based instructional practices and state curriculum
standards.
(b) Develops an intervention plan that has been approved by
the superintendent and that addresses the needs identified in the comprehensive
needs evaluation completed under subdivision (a). The intervention plan shall
include at least all of the following:
(i) Specific actions
that will be taken by the district and each of its partners to improve student
achievement.
(ii) Specific
measurable benchmarks that will be met within 18 months to improve student
achievement and identification of expected student achievement outcomes to be
attained within 3 years after assignment to the partnership.
(c) Crafts academic goals that put pupils on track to meet or
exceed grade level proficiency.
(3) Upon approval of the intervention plan developed under
subsection (2), the department shall assign a team of individuals with
expertise in comprehensive school and district reform to partner with the
district, the intermediate district, community organizations, education
organizations, and postsecondary institutions identified in the intervention
plan to review the district's use of existing financial resources to ensure
that those resources are being used as efficiently and effectively as possible
to improve student academic achievement. The superintendent of public
instruction may waive burdensome administrative rules for a partnership
district for the duration of the partnership agreement.
(4) Funds allocated under this section may be used to pay for
district expenditures approved by the superintendent to improve student
achievement. Funds may be used for professional development for teachers or
district or school leadership, increased instructional time, teacher mentors,
or other expenditures that directly impact student achievement and cannot be
paid from existing district financial resources. An eligible district shall not
receive funds under this section for more than 3 years. Notwithstanding section
17b, payments to eligible districts under this section shall be paid on a
schedule determined by the department.
(5) The department shall annually report in person to the
legislature on the activities funded under this section and how those
activities impacted student achievement in eligible districts that received
funds under this section. To the extent possible, participating districts receiving
funding under this section shall participate in the report.
Sec. 22a. (1) From the appropriation in section 11, there
is allocated an amount not to exceed $5,176,000,000.00 for 2017-2018 and there
is allocated an amount not to exceed $5,107,000,000.00 $4,953,000,000.00 for 2018-2019 2019-2020 for payments to districts and
qualifying public school academies to guarantee each district and qualifying
public school academy an amount equal to its 1994-95 total state and local per
pupil revenue for school operating purposes under section 11 of article IX of
the state constitution of 1963. Pursuant to section 11 of article IX of the
state constitution of 1963, this guarantee does not apply to a district in a
year in which the district levies a millage rate for school district operating
purposes less than it levied in 1994. However, subsection (2) applies to
calculating the payments under this section. Funds allocated under this section
that are not expended in the state fiscal year for which they were allocated,
as determined by the department, may be used to supplement the allocations
under sections 22b and 51c in order to fully fund those calculated allocations
for the same fiscal year.
(2) To ensure that a district receives an amount equal to the
district's 1994-95 total state and local per pupil revenue for school operating
purposes, there is allocated to each district a state portion of the district's
1994-95 foundation allowance in an amount calculated as follows:
(a) Except as otherwise provided in this subsection, the state
portion of a district's 1994-95 foundation allowance is an amount equal to the
district's 1994-95 foundation allowance or $6,500.00, whichever is less, minus
the difference between the sum of the product of the taxable value per membership
pupil of all property in the district that is nonexempt property times the
district's certified mills and, for a district with certified mills exceeding
12, the product of the taxable value per membership pupil of property in the
district that is commercial personal property times the certified mills minus
12 mills and the quotient of the ad valorem property tax revenue of the
district captured under tax increment financing acts divided by the district's
membership. For a district that has a millage reduction required under section
31 of article IX of the state constitution of 1963, the state portion of the
district's foundation allowance shall be calculated as if that reduction did
not occur. For a receiving district, if school operating taxes are to be levied
on behalf of a dissolved district that has been attached in whole or in part to
the receiving district to satisfy debt obligations of the dissolved district
under section 12 of the revised school code, MCL 380.12, taxable value per
membership pupil of all property in the receiving district that is nonexempt
property and taxable value per membership pupil of property in the receiving
district that is commercial personal property do not include property within
the geographic area of the dissolved district; ad valorem property tax revenue
of the receiving district captured under tax increment financing acts does not
include ad valorem property tax revenue captured within the geographic
boundaries of the dissolved district under tax increment financing acts; and
certified mills do not include the certified mills of the dissolved district.
For a community district, the allocation as otherwise calculated under this
section shall be reduced by an amount equal to the amount of local school
operating tax revenue that would otherwise be due to the community district if
not for the operation of section 386 of the revised school code, MCL 380.386,
and the amount of this reduction shall be offset by the increase in funding
under section 22b(2).
(b) For a district that had a 1994-95 foundation allowance
greater than $6,500.00, the state payment under this subsection shall be the
sum of the amount calculated under subdivision (a) plus the amount calculated
under this subdivision. The amount calculated under this subdivision shall be
equal to the difference between the district's 1994-95 foundation allowance
minus $6,500.00 and the current year hold harmless school operating taxes per
pupil. If the result of the calculation under subdivision (a) is negative, the
negative amount shall be an offset against any state payment calculated under
this subdivision. If the result of a calculation under this subdivision is
negative, there shall not be a state payment or a deduction under this
subdivision. The taxable values per membership pupil used in the calculations
under this subdivision are as adjusted by ad valorem property tax revenue
captured under tax increment financing acts divided by the district's
membership. For a receiving district, if school operating taxes are to be
levied on behalf of a dissolved district that has been attached in whole or in
part to the receiving district to satisfy debt obligations of the dissolved
district under section 12 of the revised school code, MCL 380.12, ad valorem
property tax revenue captured under tax increment financing acts do not include
ad valorem property tax revenue captured within the geographic boundaries of
the dissolved district under tax increment financing acts.
(3) Beginning in 2003-2004, for pupils in membership in a qualifying
public school academy, there is allocated under this section to the authorizing
body that is the fiscal agent for the qualifying public school academy for
forwarding to the qualifying public school academy an amount equal to the
1994-95 per pupil payment to the qualifying public school academy under section
20.
(4) A district or qualifying public school academy may use
funds allocated under this section in conjunction with any federal funds for
which the district or qualifying public school academy otherwise would be
eligible.
(5) Except as otherwise provided in this subsection, for a
district that is formed or reconfigured after June 1, 2000 by consolidation of
2 or more districts or by annexation, the resulting district's 1994-95
foundation allowance under this section beginning after the effective date of
the consolidation or annexation shall be the average of the 1994-95 foundation
allowances of each of the original or affected districts, calculated as
provided in this section, weighted as to the percentage of pupils in total
membership in the resulting district in the state fiscal year in which the
consolidation takes place who reside in the geographic area of each of the
original districts. If an affected district's 1994-95 foundation allowance is
less than the 1994-95 basic foundation allowance, the amount of that district's
1994-95 foundation allowance shall be considered for the purpose of
calculations under this subsection to be equal to the amount of the 1994-95
basic foundation allowance. This subsection does not apply to a receiving
district unless there is a subsequent consolidation or annexation that affects
the district.
(6) Payments under this section are subject to section 25g.
(6) (7) As
used in this section:
(a) "1994-95 foundation allowance" means a
district's 1994-95 foundation allowance calculated and certified by the
department of treasury or the superintendent under former section 20a as
enacted in 1993 PA 336 and as amended by 1994 PA 283.
(b) "Certified mills" means the lesser of 18 mills
or the number of mills of school operating taxes levied by the district in
1993-94.
(c) "Current state fiscal year" means the state
fiscal year for which a particular calculation is made.
(d) "Current year hold harmless school operating taxes
per pupil" means the per pupil revenue generated by multiplying a
district's 1994-95 hold harmless millage by the district's current year taxable
value per membership pupil. For a receiving district, if school operating taxes
are to be levied on behalf of a dissolved district that has been attached in
whole or in part to the receiving district to satisfy debt obligations of the
dissolved district under section 12 of the revised school code, MCL 380.12,
taxable value per membership pupil does not include the taxable value of
property within the geographic area of the dissolved district.
(e) "Dissolved district" means a district that loses
its organization, has its territory attached to 1 or more other districts, and
is dissolved as provided under section 12 of the revised school code, MCL
380.12.
(f) "Hold harmless millage" means, for a district
with a 1994-95 foundation allowance greater than $6,500.00, the number of mills
by which the exemption from the levy of school operating taxes on a homestead,
qualified agricultural property, qualified forest property, supportive housing
property, industrial personal property, commercial personal property, and
property occupied by a public school academy could be reduced as provided in
section 1211 of the revised school code, MCL 380.1211, and the number of mills
of school operating taxes that could be levied on all property as provided in
section 1211(2) of the revised school code, MCL 380.1211, as certified by the
department of treasury for the 1994 tax year. For a receiving district, if
school operating taxes are to be levied on behalf of a dissolved district that
has been attached in whole or in part to the receiving district to satisfy debt
obligations of the dissolved district under section 12 of the revised school
code, MCL 380.12, school operating taxes do not include school operating taxes
levied within the geographic area of the dissolved district.
(g) "Homestead", "qualified agricultural
property", "qualified forest property", "supportive housing
property", "industrial personal property", and "commercial
personal property" mean those terms as defined in section 1211 of the
revised school code, MCL 380.1211.
(h) "Membership" means the definition of that term
under section 6 as in effect for the particular fiscal year for which a
particular calculation is made.
(i) "Nonexempt property" means property that is not
a principal residence, qualified agricultural property, qualified forest
property, supportive housing property, industrial personal property, commercial
personal property, or property occupied by a public school academy.
(j) "Qualifying public school academy" means a
public school academy that was in operation in the 1994-95 school year and is
in operation in the current state fiscal year.
(k) "Receiving district" means a district to which
all or part of the territory of a dissolved district is attached under section
12 of the revised school code, MCL 380.12.
(l) "School operating taxes" means local ad valorem
property taxes levied under section 1211 of the revised school code, MCL
380.1211, and retained for school operating purposes as defined in section 20.
(m) "Tax increment financing acts" means 1975 PA
197, MCL 125.1651 to 125.1681, the tax increment finance authority act, 1980 PA
450, MCL 125.1801 to 125.1830, the local development financing act, 1986 PA
281, MCL 125.2151 to 125.2174, the brownfield redevelopment financing act, 1996
PA 381, MCL 125.2651 to 125.2672, or the corridor improvement authority act,
2005 PA 280, MCL 125.2871 to 125.2899.
(n) "Taxable value per membership pupil" means each
of the following divided by the district's membership:
(i) For the number
of mills by which the exemption from the levy of school operating taxes on a
homestead, qualified agricultural property, qualified forest property,
supportive housing property, industrial personal property, commercial personal
property, and property occupied by a public school academy may be reduced as
provided in section 1211 of the revised school code, MCL 380.1211, the taxable
value of homestead, qualified agricultural property, qualified forest property,
supportive housing property, industrial personal property, commercial personal
property, and property occupied by a public school academy for the calendar
year ending in the current state fiscal year. For a receiving district, if
school operating taxes are to be levied on behalf of a dissolved district that
has been attached in whole or in part to the receiving district to satisfy debt
obligations of the dissolved district under section 12 of the revised school
code, MCL 380.12, mills do not include mills within the geographic area of the
dissolved district.
(ii) For the number
of mills of school operating taxes that may be levied on all property as
provided in section 1211(2) of the revised school code, MCL 380.1211, the
taxable value of all property for the calendar year ending in the current state
fiscal year. For a receiving district, if school operating taxes are to be
levied on behalf of a dissolved district that has been attached in whole or in
part to the receiving district to satisfy debt obligations of the dissolved
district under section 12 of the revised school code, MCL 380.12, school
operating taxes do not include school operating taxes levied within the geographic
area of the dissolved district.
Sec. 22b. (1) For discretionary nonmandated payments to
districts under this section, there is allocated for 2017-2018 an amount not
to exceed $3,957,000,000.00 from the state school aid fund and general fund
appropriations in section 11 and an amount not to exceed $72,000,000.00 from
the community district education trust fund appropriation in section 11, and
there is allocated for 2018-2019 2019-2020
an amount not to exceed $4,252,000,000.00 $4,401,000,000.00 from the state school aid fund and general fund
appropriations in section 11 and an amount not to exceed $72,000,000.00 from
the community district education trust fund appropriation in section 11. Except
for money allocated from the community district trust fund, money allocated
under this section that is not expended in the state fiscal year for which it
was allocated, as determined by the department, may be used to supplement the
allocations under sections 22a and 51c in order to fully fund those calculated allocations
for the same fiscal year.
(2) Subject to subsection (3) and section 296, the allocation
to a district under this section shall be an amount equal to the sum of the
amounts calculated under sections 20, 20m, 51a(2), 51a(3), and 51a(11),
minus the sum of the allocations to the district under sections 22a and 51c.
For a community district, the allocation as otherwise calculated under this
section shall be increased by an amount equal to the amount of local school
operating tax revenue that would otherwise be due to the community district if
not for the operation of section 386 of the revised school code, MCL 380.386,
and this increase shall be paid from the community district education trust
fund allocation in subsection (1) in order to offset the absence of local
school operating revenue in a community district in the funding of the state
portion of the foundation allowance under section 20(4).
(3) In order to receive an allocation under subsection (1),
each district shall do all of the following:
(a) Comply with section 1280b of the revised school code, MCL
380.1280b.
(b) Comply with sections 1278a and 1278b of the revised school
code, MCL 380.1278a and 380.1278b.
(c) Furnish data and other information required by state and
federal law to the center and the department in the form and manner specified
by the center or the department, as applicable.
(d) Comply with section 1230g of the revised school code, MCL
380.1230g.
(e) Comply with section 21f.
(f) For a district or public school academy that has
entered into a partnership agreement with the department, comply with section
22p.
(4) Districts are encouraged to use funds allocated under this
section for the purchase and support of payroll, human resources, and other
business function software that is compatible with that of the intermediate
district in which the district is located and with other districts located
within that intermediate district.
(5) From the allocation in subsection (1), the department
shall pay up to $1,000,000.00 in litigation costs incurred by this state
related to commercial or industrial property tax appeals, including, but not
limited to, appeals of classification, that impact revenues dedicated to the
state school aid fund.
(6) From the allocation in subsection (1), the department
shall pay up to $1,000,000.00 in litigation costs incurred by this state
associated with lawsuits filed by 1 or more districts or intermediate districts
against this state. If the allocation under this section is insufficient to
fully fund all payments required under this section, the payments under this
subsection shall be made in full before any proration of remaining payments
under this section.
(7) It is the intent of the legislature that all
constitutional obligations of this state have been fully funded under sections
22a, 31d, 51a, 51c, and 152a. If a claim is made by an entity receiving funds
under this article that challenges the legislative determination of the
adequacy of this funding or alleges that there exists an unfunded constitutional
requirement, the state budget director may escrow or allocate from the
discretionary funds for nonmandated payments under this section the amount as
may be necessary to satisfy the claim before making any payments to districts
under subsection (2). If funds are escrowed, the escrowed funds are a work
project appropriation and the funds are carried forward into the following
fiscal year. The purpose of the work project is to provide for any payments
that may be awarded to districts as a result of litigation. The work project
shall be completed upon resolution of the litigation.
(8) If the local claims review board or a court of competent
jurisdiction makes a final determination that this state is in violation of
section 29 of article IX of the state constitution of 1963 regarding state
payments to districts, the state budget director shall use work project funds
under subsection (7) or allocate from the discretionary funds for nonmandated
payments under this section the amount as may be necessary to satisfy the
amount owed to districts before making any payments to districts under
subsection (2).
(9) If a claim is made in court that challenges the
legislative determination of the adequacy of funding for this state's
constitutional obligations or alleges that there exists an unfunded
constitutional requirement, any interested party may seek an expedited review
of the claim by the local claims review board. If the claim exceeds
$10,000,000.00, this state may remove the action to the court of appeals, and
the court of appeals shall have and shall exercise jurisdiction over the claim.
(10) If payments resulting from a final determination by the
local claims review board or a court of competent jurisdiction that there has
been a violation of section 29 of article IX of the state constitution of 1963
exceed the amount allocated for discretionary nonmandated payments under this
section, the legislature shall provide for adequate funding for this state's
constitutional obligations at its next legislative session.
(11) If a lawsuit challenging payments made to districts
related to costs reimbursed by federal title XIX Medicaid funds is filed
against this state, then, for the purpose of addressing potential liability
under such a lawsuit, the state budget director may place funds allocated under
this section in escrow or allocate money from the funds otherwise allocated
under this section, up to a maximum of 50% of the amount allocated in
subsection (1). If funds are placed in escrow under this subsection, those funds
are a work project appropriation and the funds are carried forward into the
following fiscal year. The purpose of the work project is to provide for any
payments that may be awarded to districts as a result of the litigation. The
work project shall be completed upon resolution of the litigation. In addition,
this state reserves the right to terminate future federal title XIX Medicaid
reimbursement payments to districts if the amount or allocation of reimbursed
funds is challenged in the lawsuit. As used in this subsection, "title
XIX" means title XIX of the social security act, 42 USC 1396 to 1396w-5.
Sec. 22d. (1) From the appropriation in section 11, an amount
not to exceed $6,000,000.00 is allocated for 2018-2019 2019-2020 for supplemental payments to
rural districts under this section.
(2) From the allocation under subsection (1), there is
allocated for 2018-2019 2019-2020
an amount not to exceed $957,300.00 for payments under this subsection to
districts that meet all of the following:
(a) Operates grades K to 12.
(b) Has fewer than 250 pupils in membership.
(c) Each school building operated by the district meets at
least 1 of the following:
(i) Is located in
the Upper Peninsula at least 30 miles from any other public school building.
(ii) Is located on
an island that is not accessible by bridge.
(3) The amount of the additional funding to each eligible
district under subsection (2) shall be determined under a spending plan
developed as provided in this subsection and approved by the superintendent of
public instruction. The spending plan shall be developed cooperatively by the
intermediate superintendents of each intermediate district in which an eligible
district is located. The intermediate superintendents shall review the
financial situation of each eligible district, determine the minimum essential
financial needs of each eligible district, and develop and agree on a spending
plan that distributes the available funding under subsection (2) to the
eligible districts based on those financial needs. The intermediate
superintendents shall submit the spending plan to the superintendent of public
instruction for approval. Upon approval by the superintendent of public
instruction, the amounts specified for each eligible district under the spending
plan are allocated under subsection (2) and shall be paid to the eligible
districts in the same manner as payments under section 22b.
(4) Subject to subsection (6), from the allocation in
subsection (1), there is allocated for 2018-2019 2019-2020 an amount not to exceed $5,042,700.00 For payments under
this subsection to districts that have 7.7 or fewer pupils per square mile as
determined by the department.
(5) The funds allocated under subsection (4) shall be
allocated on an equal per-pupil basis.
(6) A district receiving funds allocated under subsection (2)
is not eligible for funding allocated under subsection (4).
Sec. 22m. (1) From the appropriations in section 11, there is
allocated for 2018-2019 2019-2020
an amount not to exceed $2,200,000.00
for supporting the integration of local data systems into the Michigan data
hub network based on common standards and applications that are in compliance
with section 19(6).
(2) An entity that is the fiscal agent for no more than 5
consortia of intermediate districts that previously received funding from the
technology readiness infrastructure grant under former section 22i for the
purpose of establishing regional data hubs that are part of the Michigan data
hub network is eligible for funding under this section.
(3) The center shall work with an advisory committee composed
of representatives from intermediate districts within each of the data hub
regions to coordinate the activities of the Michigan data hub network.
(4) The center, in collaboration with the Michigan data hub
network, shall determine the amount of funds distributed under this section to
each participating regional data hub within the network, based upon a
competitive grant process. Entities receiving funding under this section shall
represent geographically diverse areas in this state.
(5) Notwithstanding section 17b, payments under this section
shall be made on a schedule determined by the center.
(6) To receive funding under this section, a regional data hub
must have a governance model that ensures local control of data, data security,
and student privacy issues. The integration of data within each of the regional
data hubs shall provide for the actionable use of data by districts and
intermediate districts through common reports and dashboards and for
efficiently providing information to meet state and federal reporting purposes.
(7) Participation in a data hub region in the Michigan data
hub network under this section is voluntary and is not required.
(8) Entities receiving funding under this section shall use
the funds for all of the following:
(a) Creating an infrastructure that effectively manages the
movement of data between data systems used by intermediate districts,
districts, and other educational organizations in Michigan based on common data
standards to improve student achievement.
(b) Utilizing the infrastructure to put in place commonly
needed integrations, reducing cost and effort to do that work while increasing
data accuracy and usability.
(c) Promoting the use of a more common set of applications by
promoting systems that integrate with the Michigan data hub network.
(d) Promoting 100% district adoption of the Michigan data hub
network by September 30, 2020.
(e) Ensuring local control of data, data security, and student
data privacy.
(f) Utilizing the infrastructure to promote the actionable use
of data through common reports and dashboards that are consistent statewide.
(g) Creating a governance model to facilitate sustainable
operations of the infrastructure in the future, including administration, legal
agreements, documentation, staffing, hosting, and funding.
(h) Evaluating future data initiatives at all levels to
determine whether the initiatives can be enhanced by using the standardized
environment in the Michigan data hub network.
(9) Not later than January 1 of each fiscal year, the center
shall prepare a summary report of information provided by each entity that
received funds under this section that includes measurable outcomes based on
the objectives described under this section. The report shall include a summary
of compiled data from each entity to provide a means to evaluate the
effectiveness of the project. The center shall submit the report to the house
and senate appropriations subcommittees on state school aid and to the house
and senate fiscal agencies.
Sec. 22n. (1) From the appropriation in section 11, there is
allocated an amount not to exceed $11,000,000.00 for 2018-2019 2019-2020 for additional payments to
districts for the higher instructional costs of educating high school pupils.
(2) A district is eligible for a payment under this section if
it educates pupils in 1 or more of grades 9 to 12.
(3) The payment to each eligible district under this section
shall be an amount equal to $25.00 multiplied by the district's total pupil
membership in grades 9 to 12 as calculated under section 6 for the current
fiscal year. If the allocation under subsection (1) is insufficient to fully
fund payments under this subsection, the department shall prorate payments
under this section on an equal per-pupil basis.
Sec. 24. (1) From the appropriation in section 11, there is
allocated each fiscal year for 2017-2018
and for 2018-2019 FOR 2019-2020 an
amount not to exceed $7,150,000.00 for payments to the educating district or
intermediate district for educating pupils assigned by a court or the
department of health and human services to reside in or to attend a juvenile
detention facility or child caring institution licensed by the department of
health and human services and approved by the department to provide an
on-grounds education program. The amount of the payment under this section to a
district or intermediate district shall be calculated as prescribed under
subsection (2).
(2) The total amount allocated under this section shall be
allocated by paying to the educating district or intermediate district an
amount equal to the lesser of the district's or intermediate district's added
cost or the department's approved per-pupil allocation for the district or intermediate
district. For the purposes of this subsection:
(a) "Added cost" means 100% of the added cost each
fiscal year for educating all pupils assigned by a court or the department of
health and human services to reside in or to attend a juvenile detention
facility or child caring institution licensed by the department of health and
human services or the department of licensing and regulatory affairs and
approved by the department to provide an on-grounds education program. Added
cost shall be computed by deducting all other revenue received under this
article for pupils described in this section from total costs, as approved by
the department, in whole or in part, for educating those pupils in the
on-grounds education program or in a program approved by the department that is
located on property adjacent to a juvenile detention facility or child caring
institution. Costs reimbursed by federal funds are not included.
(b) "Department's approved per-pupil allocation" for
a district or intermediate district shall be determined by dividing the total
amount allocated under this section for a fiscal year by the full-time equated
membership total for all pupils approved by the department to be funded under
this section for that fiscal year for the district or intermediate district.
(3) A district or intermediate district educating pupils
described in this section at a residential child caring institution may
operate, and receive funding under this section for, a department-approved
on-grounds educational program for those pupils that is longer than 181 days,
but not longer than 233 days, if the child caring institution was licensed as a
child caring institution and offered in 1991-92 an on-grounds educational
program that was longer than 181 days but not longer than 233 days and that was
operated by a district or intermediate district.
(4) Special education pupils funded under section 53a shall
not be funded under this section.
Sec. 24a. From the appropriation in section 11, there is
allocated an amount not to exceed $1,355,700.00 for 2018-2019 2019-2020 for payments to intermediate
districts for pupils who are placed in juvenile justice service facilities
operated by the department of health and human services. Each intermediate
district shall receive an amount equal to the state share of those costs that
are clearly and directly attributable to the educational programs for pupils
placed in facilities described in this section that are located within the
intermediate district's boundaries. The intermediate districts receiving
payments under this section shall cooperate with the department of health and
human services to ensure that all funding allocated under this section is
utilized by the intermediate district and department of health and human
services for educational programs for pupils described in this section. Pupils
described in this section are not eligible to be funded under section 24.
However, a program responsibility or other fiscal responsibility associated
with these pupils shall not be transferred from the department of health and
human services to a district or intermediate district unless the district or
intermediate district consents to the transfer.
Sec. 25e. (1) The pupil membership transfer application and
pupil transfer process administered by the center under this section shall be
used for processing pupil transfers.
(2) If a pupil counted in membership for the pupil membership
count day transfers from a district or intermediate district to enroll in
another district or intermediate district after the pupil membership count day
and before the supplemental count day and, due to the pupil's enrollment and
attendance status as of the pupil membership count day, the pupil was not
counted in membership in the educating district or intermediate district, the
educating district or intermediate district may report the enrollment and
attendance information to the center through the pupil transfer process within
30 days after the transfer or within 30 days after the pupil membership count
certification date, whichever is later. Pupil transfers may be submitted no
earlier than the first day after the certification deadline for the pupil
membership count day and before the supplemental count day. Upon receipt of the
transfer information under this subsection indicating that a pupil has enrolled
and is in attendance in an educating district or intermediate district as
described in this subsection, the pupil transfer process shall do the
following:
(a) Notify the district in which the pupil was previously enrolled.
(b) Notify both the pupil auditing staff of the intermediate
district in which the educating district is located and the pupil auditing
staff of the intermediate district in which the district that previously
enrolled the pupil is located. The pupil auditing staff shall investigate a
representative sample based on required audit sample sizes in the pupil
auditing manual and may deny the pupil membership transfer.
(c) Aggregate the districtwide changes and notify the
department for use in adjusting the state aid payment system.
(3) The department shall do all of the following:
(a) Adjust the membership calculation for each district or
intermediate district in which the pupil was previously counted in membership
or that previously received an adjustment in its membership calculation under
this section due to a change in the pupil's enrollment and attendance so that
the district's or intermediate district's membership is prorated to allow the
district or intermediate district to receive for each school day, as determined
by the financial calendar furnished by the center, in which the pupil was
enrolled and in attendance in the district or intermediate district an amount
equal to 1/105 of a full-time equated membership claimed in the fall pupil membership
count. The district or intermediate district shall receive a prorated
foundation allowance in an amount equal to the product of the adjustment under
this subdivision for the district or intermediate district multiplied by the
foundation allowance or per-pupil payment as calculated under section 20 for
the district or intermediate district. The foundation allowance or per-pupil
payment shall be adjusted by the pupil's full-time equated status as affected
by the membership definition under section 6(4).
(b) Adjust the membership calculation for the educating
district or intermediate district in which the pupil is enrolled and is in
attendance so that the district's or intermediate district's membership is
increased to allow the district or intermediate district to receive an amount
equal to the difference between the full-time equated membership claimed in the
fall pupil membership count and the sum of the adjustments calculated under
subdivision (a) for each district or intermediate district in which the pupil
was previously enrolled and in attendance. The educating district or
intermediate district shall receive a prorated foundation allowance in an
amount equal to the product of the adjustment under this subdivision for the
educating district or intermediate district multiplied by the per-pupil payment
as calculated under section 20 for the educating district or intermediate
district. The foundation allowance or per-pupil payment shall be adjusted by
the pupil's full-time equated status as affected by the membership definition
under section 6(4).
(4) The changes in calculation of state school aid required
under subsection (3) shall take effect as of the date that the pupil becomes
enrolled and in attendance in the educating district or intermediate district,
and the department shall base all subsequent payments under this article for
the fiscal year to the affected districts or intermediate districts on this
recalculation of state school aid.
(5) If a pupil enrolls in an educating district or intermediate
district as described in subsection (2), the district or intermediate district
in which the pupil is counted in membership or another educating district or
intermediate district that received an adjustment in its membership calculation
under subsection (3), if any, and the educating district or intermediate
district shall provide to the center and the department all information they
require to comply with this section.
(6) The portion of the full-time equated pupil membership for
which a pupil is enrolled in 1 or more online courses under section 21f that is
representative of the amount that the primary district paid in course costs to
the course provider shall not be counted or transferred under the pupil
transfer process under this section.
(7) It is the intent of the legislature that the center
determine the number of pupils who did not reside in this state as of the
2018-2019 pupil membership count day but who newly enrolled in a district or
intermediate district after that pupil membership count day and before the
2018-2019 supplemental count day. It is the intent of the legislature that the
center further determine the number of pupils who were counted in membership
for the 2018-2019 pupil membership count day but who left this state before the
2018-2019 supplemental count day. In
2019-2020, the THE center shall ANNUALLY provide a report to the senate
and house appropriations subcommittees on state school aid, and to the senate
and house fiscal agencies, detailing the number of pupils transferring in from
outside the public school system of this state and the number of pupils
transferring out of the public school system in this state between the pupil
membership count day and supplemental count day as described in this
subsection.
(8) As used in this section:
(a) "Educating district or intermediate district"
means the district or intermediate district in which a pupil enrolls after the
pupil membership count day or after an adjustment was made in another
district's or intermediate district's membership calculation under this section
due to the pupil's enrollment and attendance.
(b) "Pupil" means that term as defined under section
6 and also children receiving early childhood special education programs and
services.
Sec. 26a. From the funds appropriated in section 11, there
is allocated an amount not to exceed $15,000,000.00 for 2017-2018 and there
is allocated an amount not to exceed $15,000,000.00 $15,300,000.00 for 2018-2019 2019-2020 to reimburse districts and
intermediate districts pursuant to section 12 of the Michigan renaissance zone
act, 1996 PA 376, MCL 125.2692, for taxes levied in 2017 and 2018, as
applicable. 2019. The
allocations shall be made not later than 60 days after the department of
treasury certifies to the department and to the state budget director that the
department of treasury has received all necessary information to properly
determine the amounts due to each eligible recipient.
Sec. 26b. (1) From the appropriation in section 11, there is
allocated for 2018-2019 2019-2020
an amount not to exceed $4,405,100.00 for payments to districts,
intermediate districts, and community college districts for the portion of the
payment in lieu of taxes obligation that is attributable to districts,
intermediate districts, and community college districts under section 2154 of
the natural resources and environmental protection act, 1994 PA 451, MCL
324.2154.
(2) If the amount appropriated under this section is not
sufficient to fully pay obligations under this section, payments shall be prorated
on an equal basis among all eligible districts, intermediate districts, and
community college districts.
Sec. 26c. (1) From the appropriation in section 11, there
is allocated an amount not to exceed $1,600,000.00 for 2017-2018 and there
is allocated an amount not to exceed $3,000,000.00 $8,400,000.00 for 2018-2019 2019-2020 to the promise zone fund created in subsection (3). The
funds allocated under this section reflect the amount of revenue from the
collection of the state education tax captured under section 17(2) of the
Michigan promise zone authority act, 2008 PA 549, MCL 390.1677.
(2) Funds allocated to the promise zone fund under this
section shall be used solely for payments to eligible districts and
intermediate districts, in accordance with section 17(3) of the Michigan
promise zone authority act, 2008 PA 549, MCL 390.1677, that have a promise zone
development plan approved by the department of treasury under section 7 of the
Michigan promise zone authority act, 2008 PA 549, MCL 390.1667. Eligible
districts and intermediate districts shall use payments made under this section
for reimbursement for qualified educational expenses as defined in section 3 of
the Michigan promise zone authority act, 2008 PA 549, MCL 390.1663.
(3) The promise zone fund is created as a separate account
within the state school aid fund to be used solely for the purposes of the
Michigan promise zone authority act, 2008 PA 549, MCL 390.1661 to 390.1679. All
of the following apply to the promise zone fund:
(a) The state treasurer shall direct the investment of the
promise zone fund. The state treasurer shall credit to the promise zone fund
interest and earnings from fund investments.
(b) Money in the promise zone fund at the close of a fiscal
year shall remain in the promise zone fund and shall not lapse to the general
fund.
(4) Subject to subsection (2), the state treasurer may make
payments from the promise zone fund to eligible districts and intermediate
districts pursuant to the Michigan promise zone authority act, 2008 PA 549, MCL
390.1661 to 390.1679, to be used for the purposes of a promise zone authority
created under that act.
(5) Notwithstanding section 17b, payments under this section
shall be paid on a schedule determined by the department.
SEC. 28. (1) FROM THE
APPROPRIATION IN SECTION 11, THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED
$794,000,000.00 FOR 2019-2020 TO PROVIDE ADDITIONAL RESOURCES TO DISTRICTS AND
INTERMEDIATE DISTRICTS FOR COSTS ASSOCIATED WITH PROVIDING INSTRUCTION TO
HIGHER-NEEDS PUPILS AND TO MAKE PAYMENTS BASED ON THE WEIGHTED PER PUPIL
EDUCATION FUNDING MODEL PURSUANT TO THIS SECTION.
(2) BEGINNING IN
2019-2020, THERE IS IMPLEMENTED A WEIGHTED PER PUPIL EDUCATION FUNDING MODEL
THAT PROVIDES FOR A PER-PUPIL BASE AMOUNT FOR ALL DISTRICTS AND ADDS WEIGHTS
FOR ADDITIONAL RESOURCES TO SERVE HIGHER-NEEDS PUPILS WHO REQUIRE SPECIAL
EDUCATION SERVICES, ARE ACADEMICALLY AT RISK, OR ARE RECEIVING CAREER AND
TECHNICAL EDUCATION PROGRAMMING. A DISTRICT’S BASE AMOUNT PER PUPIL IS EQUAL TO
THE DISTRICT’S FOUNDATION ALLOWANCE CALCULATED UNDER SECTION 20 AND PAID OUT
UNDER SECTIONS 22A AND 22B. FUNDS ALLOCATED UNDER THIS SECTION MUST BE SPENT ON
RESOURCES THAT ARE SHOWN THROUGH RESEARCH AND BEST PRACTICE TO IMPROVE STUDENT
LEARNING.
(3) FROM THE ALLOCATION
IN SUBSECTION (1), THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $120,000,000.00
FOR PAYMENTS TO DISTRICTS AND INTERMEDIATE DISTRICTS TO INCREASE THE LEVEL OF
REIMBURSEMENT OF COSTS ASSOCIATED WITH PROVIDING SPECIAL EDUCATION SERVICES
REQUIRED UNDER STATE AND FEDERAL STATUTES.
(A) A DISTRICT’S OR
INTERMEDIATE DISTRICT’S ALLOCATION UNDER THIS SUBSECTION IS EQUAL TO THE LEVEL
PERCENTAGE MULTIPLIED BY EACH DISTRICT’S OR INTERMEDIATE DISTRICT’S COSTS
REPORTED TO THE CENTER ON THE SPECIAL EDUCATION ACTUAL COST REPORT, KNOWN AS
“SE-4096” UNDER SECTION 18(6), AS APPROVED BY THE DEPARTMENT. THE TOTAL
REIMBURSEMENT UNDER THIS SUBSECTION AND UNDER SECTION 51C SHALL NOT EXCEED THE
TOTAL REPORTED COSTS FOR A DISTRICT OR INTERMEDIATE DISTRICT. FOR THE PURPOSES
OF THIS SUBSECTION “THE LEVEL PERCENTAGE” MEANS AN AMOUNT EQUAL TO THE
ALLOCATION IN SUBSECTION (2) DIVIDED BY THE TOTAL OF COSTS REPORTED TO THE
CENTER ON THE SPECIAL EDUCATION ACTUAL COST REPORT, KNOWN AS “SE-4096” UNDER
SECTION 18(6), AS APPROVED BY THE DEPARTMENT. FOR 2019-2020, THE LEVEL
PERCENTAGE IS ESTIMATED AT 4.0%.
(B) ON A STATEWIDE
BASIS, THE ALLOCATION UNDER THIS SUBSECTION AND UNDER SECTIONS 51A AND 51C TO
REIMBURSE DISTRICTS AND INTERMEDIATE DISTRICTS FOR 28.6138% OF TOTAL APPROVED
COSTS OF SPECIAL EDUCATION ARE ESTIMATED TO PROVIDE AN ADDITIONAL AMOUNT PER
FULL-TIME EQUATED SPECIAL EDUCATION PUPIL EQUAL TO 92% OF THE FOUNDATION
ALLOWANCE AMOUNT PAID TO DISTRICTS AND INTERMEDIATE DISTRICTS FOR SPECIAL
EDUCATION PUPILS.
(4) FROM THE
ALLOCATION IN SUBSECTION (1), THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED
$619,000,000.00 TO IMPLEMENT A WEIGHTED FOUNDATION PER-PUPIL PAYMENT FOR DISTRICTS
ENROLLING ECONOMICALLY DISADVANTAGED PUPILS. PAYMENTS SHALL BE MADE TO
DISTRICTS FOR THE PURPOSES OF ENSURING THAT PUPILS ARE PROFICIENT IN ENGLISH
LANGUAGE ARTS BY THE END OF GRADE 3, THAT PUPILS ARE PROFICIENT IN MATHEMATICS
BY THE END OF GRADE 8, THAT PUPILS ARE ATTENDING SCHOOL REGULARLY, AND THAT
HIGH SCHOOL GRADUATES ARE CAREER AND COLLEGE READY.
(A) A DISTRICT’S ALLOCATION
UNDER THIS SUBSECTION FOR EACH MEMBERSHIP PUPIL IN THE DISTRICT WHO IS
DETERMINED TO BE ECONOMICALLY DISADVANTAGED, AS REPORTED TO THE CENTER IN THE
FORM AND MANNER PRESCRIBED BY THE CENTER NOT LATER THAN THE FIFTH WEDNESDAY
AFTER THE PUPIL MEMBERSHIP COUNT DAY OF THE IMMEDIATELY PRECEDING FISCAL YEAR,
IS EQUAL TO 11% OF THE DISTRICT’S FOUNDATION ALLOWANCE AS CALCULATED IN SECTION
20, NOT TO EXCEED THE STATE MINIMUM FOUNDATION ALLOWANCE. IT IS INTENDED THAT
THE STATEWIDE TARGET PERCENTAGE FOR ALL SOURCES OF FUNDS BE SET AT 35.0%. IF
FUNDS ALLOCATED UNDER THIS SUBSECTION ARE INSUFFICIENT TO FULLY FUND THE
PAYMENTS PRESCRIBED IN THIS SUBSECTION, PAYMENTS SHALL BE PRORATED ON AN EQUAL
PERCENTAGE BASIS.
(B) FOR A DISTRICT
THAT HAS COMBINED STATE AND LOCAL REVENUE PER MEMBERSHIP PUPIL UNDER SECTION 20
THAT IS GREATER THAN THE BASIC FOUNDATION ALLOWANCE UNDER SECTION 20 FOR THE
CURRENT FISCAL YEAR, THE ALLOCATION UNDER THIS SUBSECTION SHALL BE AN AMOUNT
EQUAL TO 50% OF THE ALLOCATION FOR WHICH IT WOULD OTHERWISE BE ELIGIBLE UNDER
THIS SUBSECTION, BEFORE ANY PRORATION UNDER SUBDIVISION (A).
(C) A DISTRICT THAT
BEGAN OPERATIONS AFTER THE PUPIL MEMBERSHIP COUNT DAY OF THE IMMEDIATELY
PRECEDING SCHOOL YEAR SHALL RECEIVE UNDER THIS SUBSECTION FOR EACH MEMBERSHIP
PUPIL IN THE DISTRICT, WHO IS DETERMINED TO BE ECONOMICALLY DISADVANTAGED, AS
REPORTED TO THE CENTER IN THE FORM AND MANNER PRESCRIBED BY THE CENTER NOT
LATER THAN THE FIFTH WEDNESDAY AFTER THE PUPIL MEMBERSHIP COUNT DAY OF THE
CURRENT FISCAL YEAR, THE SAME PERCENTAGE AS PAID IN SUBDIVISION (A) OF THE
DISTRICT’S FOUNDATION ALLOWANCE AS CALCULATED IN SECTION 20, NOT TO EXCEED THE
STATE MINIMUM FOUNDATION ALLOWANCE.
(D) PAYMENTS UNDER
THIS SUBSECTION ARE SUBJECT TO A DISTRICT’S COMPLIANCE WITH THE REQUIREMENTS
DESCRIBED IN SECTION 31A. PAYMENTS SHALL BE USED BY DISTRICTS FOR THE PURPOSES
DESCRIBED IN SECTION 31A. IN ADDITION, DISTRICTS SHALL USE FUNDS UNDER THIS
SUBSECTION TO SHOW PROGRESS TOWARD MEETING THE FOLLOWING GOALS:
(I) PROVIDING AT LEAST 1 TUTOR PER EVERY 100 ECONOMICALLY
DISADVANTAGED PUPILS ENROLLED IN THE DISTRICT.
(II) PROVIDING AT LEAST 1 PUPIL SUPPORT POSITION - INCLUDING
BEHAVIOR SPECIALISTS, READING SUPPORT EXPERTS, AND COUNSELORS - PER EVERY 125
ECONOMICALLY DISADVANTAGED PUPILS ENROLLED IN THE DISTRICT.
(III) PROVIDING AT LEAST 1 SUMMER SCHOOL TEACHING POSITION PER EVERY
120 ECONOMICALLY DISADVANTAGED PUPILS ENROLLED IN THE DISTRICT.
(IV) EXPANDING PROFESSIONAL DEVELOPMENT OPPORTUNITIES FOR TEACHERS.
(V) PROVIDING ADDITIONAL SUPPORTS FOR STUDENTS ON THE COMPLETION OF
THE FREE APPLICATION FOR FEDERAL STUDENT FINANCIAL AID (FAFSA).
(E) AS USED IN THIS
SECTION, “ECONOMICALLY DISADVANTAGED” MEANS THAT TERM AS DEFINED IN SECTION
31A.
(5) FROM THE
ALLOCATION IN SUBSECTION (1), THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED
$55,000,000.00 TO IMPLEMENT A WEIGHTED FOUNDATION PER-PUPIL PAYMENT FOR DISTRICTS WITH
PUPILS ENROLLED IN CAREER AND TECHNICAL EDUCATION PROGRAMS. A SCHOOL OF
EXCELLENCE THAT IS A CYBER SCHOOL, AS DEFINED IN SECTION 551 OF THE REVISED
SCHOOL CODE, MCL 380.551, IS NOT ELIGIBLE FOR FUNDING UNDER THIS SUBSECTION.
(A) A DISTRICT SHALL
RECEIVE UNDER THIS SUBSECTION FOR EACH PUPIL IN THE DISTRICT WHO IS IN GRADES 9
TO 12 AND WHO IS COUNTED IN MEMBERSHIP IN THE DISTRICT AND WHO IS ENROLLED IN
AT LEAST 1 CAREER AND TECHNICAL EDUCATION PROGRAM IN THE CAREER PATHWAY
IDENTIFIED BY THE STUDENT ON THE STUDENT’S EDUCATIONAL DEVELOPMENT PLAN,
EXCLUDING THOSE PUPILS ENROLLED IN DISTRICTS IN ACCORDANCE WITH SECTION 166B
AND COUNTED IN MEMBERSHIP UNDER SECTION 6, 6% OF THE DISTRICT’S FOUNDATION
ALLOWANCE AS CALCULATED IN SECTION 20, NOT TO EXCEED THE STATE MINIMUM
FOUNDATION ALLOWANCE. IT IS INTENDED THAT THE STATEWIDE TARGET PERCENTAGE FOR
ALL SOURCES OF FUNDS BE SET AT 10.0%. IF FUNDS ALLOCATED UNDER THIS SUBSECTION
ARE INSUFFICIENT TO FULLY FUND THE PAYMENTS PRESCRIBED IN THIS SUBSECTION,
PAYMENTS SHALL BE PRORATED ON AN EQUAL PERCENTAGE BASIS.
(B) AS USED IN THIS
SUBSECTION “CAREER AND TECHNICAL EDUCATION PROGRAM” MEANS A STATE-APPROVED CAREER
AND TECHNICAL EDUCATION PROGRAM, AS DETERMINED BY THE DEPARTMENT.
(C) PAYMENTS UNDER
THIS SUBSECTION ARE INTENDED TO SUPPORT THE HIRING OF ADDITIONAL CAREER AND
TECHNICAL EDUCATION STAFF AND CAREER COUNSELORS; TO UPDATE AND MAINTAIN
FACILITIES, EQUIPMENT, AND MATERIALS RELATED TO CAREER AND TECHNICAL EDUCATION
PROGRAMMING; AND TO EXPAND THE NUMBER OF CAREER AND TECHNICAL EDUCATION
PROGRAMS AVAILABLE TO STUDENTS.
Sec. 31a. (1) From the state school aid fund money
appropriated in section 11, there is allocated for 2018-2019 an amount not to
exceed $528,207,300.00 for payments to eligible districts and eligible public
school academies for the purposes of ensuring that pupils are proficient in
English language arts by the end of grade 3, that pupils are proficient in
mathematics by the end of grade 8, that pupils are attending school regularly,
that high school graduates are career and college ready, and for the purposes
under subsections (7) and (8).
(2) For a district
that has combined state and local revenue per membership pupil under sections
20 and 20m that is greater than the basic foundation allowance under section 20
for the current fiscal year, the allocation under this section shall be an
amount equal to 30% of the allocation for which it would otherwise be eligible
under this section before any proration under subsection (14).
(1) (3) For a district or public school academy to be eligible to
receive funding under this section, other than funding under subsection (7)
or (8), SECTION 28(4), the district
or public school academy, for grades K to 12, shall comply with the
requirements under section 1280f of the revised school code, MCL 380.1280f, and
shall use resources to address early literacy and numeracy, and for at least
grades K to 12 or, if the district or public school academy does not operate
all of grades K to 12, for all of the grades it operates, must implement a
multi-tiered system of supports that is an evidence-based framework that uses
data-driven problem solving to integrate academic and behavioral instruction
and that uses intervention delivered to all pupils in varying intensities based
on pupil needs. The multi-tiered system of supports described in this
subsection must provide at least all of the following essential components:
(a) Team-based
leadership.
(b) A tiered delivery system.
(c) Selection and
implementation of instruction, interventions, and supports.
(d) A comprehensive
screening and assessment system.
(e) Continuous
data-based decision making.
(4) Except as otherwise
provided in this subsection, an eligible district or eligible public school
academy shall receive under this section for each membership pupil in the
district or public school academy who is determined to be economically
disadvantaged, as reported to the center in the form and manner prescribed by
the center not later than the fifth Wednesday after the pupil membership count
day of the immediately preceding fiscal year, an amount per pupil equal to
11.5% of the statewide weighted average foundation allowance. However, a public
school academy that began operations as a public school academy after the pupil
membership count day of the immediately preceding school year shall receive
under this section for each membership pupil in the public school academy, who
is determined to be economically disadvantaged, as reported to the center in
the form and manner prescribed by the center not later than the fifth Wednesday
after the pupil membership count day of the current fiscal year, an amount per
pupil equal to 11.5% of the statewide weighted average foundation allowance.
(2) (5) Except as otherwise provided in this section, a district or
public school academy receiving funding under this section 28(4) shall use that money only to
provide instructional programs and direct noninstructional services, including,
but not limited to, medical, mental health, or counseling services, for at-risk
pupils; for school health clinics; and for the purposes of subsection (6),
(7), or (8). (3), (4), OR (5). In
addition, a district that is a school district of the first class or a district
or public school academy in which at least 50% of the pupils in membership were
determined to be economically disadvantaged in the immediately preceding state
fiscal year, as determined and reported as described in subsection (4), SECTION 28(4) may use not more than 20%
of the funds it receives under this section 28(4) for school security THAT
ALIGNS TO THE NEEDS ASSESSMENT AND THE MULTI-TIERED SYSTEM OF SUPPORTS MODEL.
A district or public school academy shall not use any of that money for
administrative costs. The instruction or direct noninstructional services
provided under this section OR UNDER
SECTION 28(4) may be conducted before or after regular school hours or by
adding extra school days to the school year. Funds spent on school security
under this subsection must be counted toward required spending under subsection
(16)(c). (12)(C).
(3) (6) A district or public
school academy that receives funds under this section 28(4) and that operates a school
breakfast program under section 1272a of the revised school code, MCL
380.1272a, shall use from the funds received under this section 28(4) an amount, not to exceed $10.00
per pupil for whom the district or public school academy receives funds under this
section 28(4), necessary to pay
for costs associated with the operation of the school breakfast program.
(4) (7) From the funds allocated under subsection (1), APPROPRIATED IN SECTION 11, there is
allocated for 2018-2019
2019-2020 an amount not to exceed $6,057,300.00 to support primary health
care services provided to children and adolescents up to age 21. These funds
shall be expended in a form and manner determined jointly by the department and
the department of health and human services. If any funds allocated under
this subsection are not used for the purposes of this subsection for the fiscal
year in which they are allocated, those unused funds shall be used that fiscal
year to avoid or minimize any proration that would otherwise be required under
subsection (14) for that fiscal year.
(5) (8) From the funds allocated under subsection (1), APPROPRIATED IN SECTION 11, there is
allocated for 2018-2019
2019-2020 an amount not to exceed $5,150,000.00 for the state portion of
the hearing and vision screenings as described in section 9301 of the public
health code, 1978 PA 368, MCL 333.9301. A local public health department shall
pay at least 50% of the total cost of the screenings. The frequency of the
screenings shall be as required under R 325.13091 to R 325.13096 and R 325.3271
to R 325.3276 of the Michigan Administrative Code. Funds shall be awarded in a
form and manner approved jointly by the department and the department of health
and human services. Notwithstanding section 17b, payments to eligible entities
under this subsection shall be paid on a schedule determined by the department.
(6) (9) Each district or public school academy receiving funds under this
section 28(4) shall submit to
the department by July 15 of each fiscal year a report, in the form and manner
prescribed by the department, that includes a brief description of each program
conducted or services performed by the district or public school academy using
funds under this section 28(4),
the amount of funds under this section 28(4) allocated to each of those programs or services, the total
number of at-risk pupils served by each of those programs or services, and the
data necessary for the department and the department of health and human
services to verify matching funds for the temporary assistance for needy
families program. In prescribing the form and manner of the report, the
department shall ensure that districts are allowed to expend funds received
under this section 28(4) on
any activities that are permissible under this section OR SECTION 28(4). If a district or public school academy does not
comply with this subsection, the department shall withhold an amount equal to
the August payment due under this section 28(4) until the district or public school academy complies with this
subsection. If the district or public school academy does not comply with this
subsection by the end of the state fiscal year, the withheld funds shall be
forfeited to the school aid fund.
(7) (10) In order to receive funds under this section 28(4), a district or public school
academy shall allow access for the department or the department’s designee to
audit all records related to the program for which it receives those funds. The
district or public school academy shall reimburse the state for all disallowances
found in the audit.
(8) (11) Subject to subsections (6), (7), and (8), (3), (4), AND (5), for schools in which
more than 40% of pupils are identified as at-risk, a district or public school
academy may use the funds it receives under this section 28(4) to implement TIER 1, EVIDENCE-BASED PRACTICES IN schoolwide reforms that are
guided by the district’s comprehensive needs assessment and are included in the
district improvement plan. Schoolwide reforms must include parent and community
supports, activities, and services, that may include the pathways to potential
program created by the department of health and human services or the
communities in schools program. AS USED
IN THE SUBDIVISION, “TIER 1, EVIDENCE-BASED PRACTICES” MEANS RESEARCH-BASED INSTRUCTION AND CLASSROOM
INTERVENTIONS THAT ARE AVAILABLE TO ALL LEARNERS AND EFFECTIVELY MEET THE NEEDS
OF MOST STUDENTS.
(9) (12) A district or public
school academy that receives funds under this section 28(4) may use up to 5% 10% of those funds to provide
research-based professional development and to implement a coaching model that
supports the multi-tiered system of supports framework. Professional
development may be provided to district and school leadership and teachers and
must be aligned to professional learning standards; integrated into district,
school building, and classroom practices; and solely related to the following:
(a) Implementing the
multi-tiered system of supports required in subsection (3) (1) with fidelity and utilizing the
data from that system to inform curriculum and instruction.
(b) Implementing
section 1280f of the revised school code, MCL 380.1280f, as required under
subsection (3), (1), with
fidelity.
(10) (13) A district or public school academy that receives funds under this
section 28(4) may use funds
received under this section 28(4)
to support instructional or behavioral coaches. Funds used for this purpose are
not subject to the cap under subsection (12). (9).
(14) If necessary, and before any proration required under
section 296, the department shall prorate payments under this section, except
payments under subsection (7), (8), or (17), by reducing the amount of the
allocation as otherwise calculated under this section by an equal percentage
per district.
(11) (15) If a district is dissolved pursuant to section 12 of the revised
school code, MCL 380.12, the intermediate district to which the dissolved
school district was constituent shall determine the estimated number of pupils
that are economically disadvantaged and that are enrolled in each of the other
districts within the intermediate district and provide that estimate to the
department for the purposes of distributing funds under this section 28(4) within 60 days after the school
district is declared dissolved.
(12) (16) Beginning in 2019-2020, if a district or public school academy
does not demonstrate to the satisfaction of the department that at least 50% of
at-risk ECONOMICALLY
DISADVANTAGED pupils are proficient in English language arts by the end of
grade 3 as measured by the state assessment for the immediately preceding
school year or have achieved at least 1 year’s growth in English language
arts during grade 3 as measured by a local benchmark assessment for the
immediately preceding school year, demonstrate to the satisfaction of the
department that at least 50% of at-risk ECONOMICALLY DISADVANTAGED pupils are proficient in mathematics by
the end of grade 8 as measured by the state assessment for the immediately
preceding school year or have achieved at least 1 year’s growth in
mathematics during grade 8 as measured by a local benchmark assessment for the
immediately preceding school year, and demonstrate to the satisfaction of
the department improvement over each of the 3 immediately preceding school years
in the percentage of at-risk ECONOMICALLY
DISADVANTAGED pupils that are career- and college-ready as determined by
proficiency on the English language arts, mathematics, and science content area
assessments on the grade 11 summative assessment under section 1279g(2)(a) of
the revised school code, MCL 380.1279g, the district or public school academy
shall ensure all of the following:
(a) The district or
public school academy shall determine the proportion of at-risk ECONOMICALLY DISADVANTAGED pupils in
grade 3 that represents the number of at-risk ECONOMICALLY DISADVANTAGED pupils in grade 3 that are not
proficient in English language arts by the end of grade 3, or that did not achieve at least 1 year’s growth in English
language arts during grade 3, and the district or public school academy
shall expend that same proportion multiplied by 1/3 of its total at-risk
funds ECONOMICALLY DISADVANTAGED PER
PUPIL PAYMENT under this section 28(4) on tutoring INTERVENTIONS
and other methods of improving grade 3 English language arts proficiency or
growth.
(b) The district or
public school academy shall determine the proportion of at-risk ECONOMICALLY DISADVANTAGED pupils in grade 8 that represents the
number of at-risk ECONOMICALLY DISADVANTAGED pupils in
grade 8 that are not proficient in mathematics by the end of grade 8, or that did not achieve at least 1
year’s growth in mathematics during grade 8, and the district or public
school academy shall expend that same proportion multiplied by 1/3 of its total
at-risk funds ECONOMICALLY
DISADVANTAGED PER PUPIL PAYMENT under this section 28(4) on tutoring INTERVENTIONS and other methods of
improving grade 8 mathematics proficiency or growth.
(c) The district or
public school academy shall determine the proportion of at-risk ECONOMICALLY DISADVANTAGED pupils in grade 11 that represents the
number of at-risk ECONOMICALLY DISADVANTAGED pupils in
grade 11 that are not career- and college-ready as measured by the student’s
score on the English language arts, mathematics, and science content area
assessments on the grade 11 summative assessment under section 1279g(2)(a) of
the revised school code, MCL 380.1279g, and the district or public school
academy shall expend that same proportion multiplied by 1/3 of its total at-risk
funds ECONOMICALLY DISADVANTAGED PER
PUPIL PAYMENT under this section 28(4) on tutoring INTERVENTIONS
and other activities to improve scores on the college entrance examination
portion of the Michigan merit examination.
(17) From the funds
allocated under subsection (1), there is allocated for 2018-2019 an amount not
to exceed $18,000,000.00 for payments to districts and public school academies
that otherwise received an allocation under this section in 2018-2019 and that
allocation was less than the district’s or public school academy’s allocation
under this section in 2017-2018. The allocation for each district or public
school academy under this subsection is an amount equal to its allocation under
this section in 2017-2018 minus its allocation as otherwise calculated under
this section for 2018-2019. If necessary, and before any proration required
under section 296, the department shall prorate payments under this subsection
by reducing the amount of the allocation as otherwise calculated under this subsection
by an equal percentage per district or public school academy.
(13) (18) A district or public school academy that receives funds under this
section 28(4) may use funds
received under this section 28(4)
to provide an anti-bullying or crisis intervention program.
(14) (19) The department shall collaborate with the department of health
and human services to prioritize assigning Pathways to Potential Success
coaches to elementary schools that have a high percentage of pupils in grades K
to 3 who are not proficient in English language arts, based upon state
assessments for pupils in those grades.
(15) (20) As used in this section:
(a) “At-risk pupil”
means a pupil in grades K to 12 for whom the district has documentation that
the pupil meets any of the following criteria:
(i) The pupil
is economically disadvantaged.
(ii) The pupil
is an English language learner.
(iii) The pupil
is chronically absent as defined by and reported to the center.
(iv) The pupil
is a victim of child abuse or neglect.
(v) The pupil
is a pregnant teenager or teenage parent.
(vi) The pupil
has a family history of school failure, incarceration, or substance abuse.
(vii) The pupil
is an immigrant who has immigrated within the immediately preceding 3 years.
(viii) The
pupil did not complete high school in 4 years and is still continuing in school
as identified in the Michigan cohort graduation and dropout report.
(ix) For pupils
for whom the results of the state summative assessment have been received, is a
pupil who did not achieve proficiency on the English language arts,
mathematics, science, or social studies content area assessment.
(x) Is a pupil
who is at risk of not meeting the district’s or public school academy’s core
academic curricular objectives in English language arts or mathematics, as
demonstrated on local assessments.
(b) “Economically
disadvantaged” means a pupil who has been determined eligible for free or
reduced-price meals as determined under the Richard B. Russell national school
lunch act, 42 USC 1751 to 1769j; who is in a household receiving supplemental
nutrition assistance program or temporary assistance for needy families
assistance; or who is homeless, migrant, or in foster care, as reported to the
center.
(c) “English language
learner” means limited English proficient pupils who speak a language other
than English as their primary language and have difficulty speaking, reading,
writing, or understanding English as reported to the center.
(d) “Statewide weighted average foundation
allowance” means the number that is calculated by adding together the result of
each district’s or public school academy’s foundation allowance or per pupil
payment calculated under section 20 multiplied by the number of pupils in
membership in that district or public school academy, and then dividing that
total by the statewide number of pupils in membership. For the purposes of this
calculation, a district’s foundation allowance shall not exceed the basic
foundation allowance under section 20 for the current state fiscal year.
Sec. 31d. (1) From the appropriations in section 11, there is
allocated an amount not to exceed $22,802,000.00 for 2017-2018 and there is
allocated an amount not to exceed $23,144,000.00 for 2018-2019 2019-2020 for the purpose of making
payments to districts and other eligible entities under this section.
(2) The amounts allocated from state sources under this
section shall be used to pay the amount necessary to reimburse districts for
6.0127% of the necessary costs of the state mandated portion of the school
lunch programs provided by those districts. The amount due to each district
under this section shall be computed by the department using the methods of
calculation adopted by the Michigan supreme court in the consolidated cases
known as Durant v State of Michigan, 456 Mich 175 (1997).
(3) The payments made under this section include all state
payments made to districts so that each district receives at least 6.0127% of
the necessary costs of operating the state mandated portion of the school lunch
program in a fiscal year.
(4) The payments made under this section to districts and
other eligible entities that are not required under section 1272a of the
revised school code, MCL 380.1272a, to provide a school lunch program shall be
in an amount not to exceed $10.00 per eligible pupil plus 5 cents for each free
lunch and 2 cents for each reduced price lunch provided, as determined by the
department.
(5) From the federal funds appropriated in section 11, there
is allocated for 2018-2019 2019-2020
all available federal funding, estimated at $520,000,000.00 $533,000,000.00 for the national school
lunch program and all available federal funding, estimated at $3,200,000.00 $4,200,000.00 for the emergency food assistance program.
(6) Notwithstanding section 17b, payments to eligible entities
other than districts under this section shall be paid on a schedule determined
by the department.
(7) In purchasing food for a school lunch program funded under
this section, preference shall be given to food that is grown or produced by
Michigan businesses if it is competitively priced and of comparable quality.
Sec. 31f. (1) From the appropriations in section 11, there is
allocated an amount not to exceed $4,500,000.00 for 2018-2019 2019-2020 for the purpose of making
payments to districts to reimburse for the cost of providing breakfast.
(2) The funds allocated under this section for school
breakfast programs shall be made available to all eligible applicant districts
that meet all of the following criteria:
(a) The district participates in the federal school breakfast
program and meets all standards as prescribed by 7 CFR parts 220 and 245.
(b) Each breakfast eligible for payment meets the federal
standards described in subdivision (a).
(3) The payment for a district under this section is at a per
meal rate equal to the lesser of the district's actual cost or 100% of the
statewide average cost of a breakfast served, as determined and approved by the
department, less federal reimbursement, participant payments, and other state
reimbursement. The statewide average cost shall be determined by the department
using costs as reported in a manner approved by the department for the
preceding school year.
(4) Notwithstanding section 17b, payments under this section
may be made pursuant to an agreement with the department.
(5) In purchasing food for a school breakfast program funded
under this section, preference shall be given to food that is grown or produced
by Michigan businesses if it is competitively priced and of comparable quality.
Sec. 31j. (1) From the
general fund money appropriated in section 11, there is allocated an amount not
to exceed $575,000.00 for 2018-2019 2019-2020
for a pilot project to support districts in the purchase of locally grown
fruits and vegetables as described in this section.
(2) The department shall provide funding
in an amount equal to $125,000.00 per region to districts in prosperity regions
2, 4, 6, and 9 for the pilot project described under this section. In addition,
the department shall provide funding in an amount equal to $75,000.00 to
districts in prosperity region 8 for the pilot project described under this
section. From the funding to districts in subsection (1), funding retained by
prosperity regions that administer the project shall not exceed 10%, and
funding retained by the department for administration shall not exceed 6%. A
prosperity region may enter into a memorandum of understanding with the
department or another prosperity region, or both, to administer the project. If
the department administers the project for a prosperity region, the department
may retain up to 10% of that prosperity region’s funding for administration OR MAY DISTRIBUTE TO PROJECT PARTNERS AS
APPROPRIATE.
(3) The department
shall develop and implement a competitive grant program for districts within
the identified prosperity regions to assist in paying for the costs incurred by
the district to purchase or increase purchases of whole or minimally processed
fruits, vegetables, and legumes grown in this state. The maximum amount that
may be drawn down on a grant to a district shall be based on the number of
meals served by the school district during the previous school year under the
Richard B. Russell national school lunch act, 42 USC 1751 to 1769j. The
department shall collaborate with the Michigan department of agriculture and
rural development to provide training to newly participating schools and
electronic information on Michigan agriculture.
(4) The goals of the
pilot project include improving daily nutrition and eating habits for children
through the school settings while investing in Michigan’s agricultural and
related food business economy.
(5) A district that
receives a grant under this section shall use those funds for the costs
incurred by the school district to purchase whole or minimally processed
fruits, vegetables, and legumes that meet all of the following:
(a) Are purchased on
or after the date the district received notification from the department of the
amount to be distributed to the district under this subsection, including
purchases made to launch meals in September 2018 2019 for the 2018-2019 2019-2020
fiscal year.
(b) Are grown in this
state and, if minimally processed, are also processed in this state.
(c) Are used for meals
that are served as part of the United States Department of Agriculture’s child
nutrition programs.
(6) For Michigan-grown
fruits, vegetables, and legumes that satisfy the requirements of subsection
(5), matching reimbursements shall be made in an amount not to exceed 10 cents
for every school meal that is served as part of the United States Department of
Agriculture’s child nutrition programs and that uses Michigan-grown fruits,
vegetables, and legumes.
(7) A district that
receives a grant for reimbursement under this section shall use the grant to
purchase whole or minimally processed fruits, vegetables, and legumes that are
grown in this state and, if minimally processed, are also processed in this
state.
(8) In awarding grants
under this section, the department shall work in conjunction with prosperity
region offices, in consultation with Michigan-based farm to school resource
organizations, to develop scoring criteria that assess an applicant’s ability
to procure Michigan-grown products, prepare and menu Michigan-grown products,
promote and market Michigan-grown products, and submit letters of intent from
districts on plans for educational activities that promote the goals of the
program.
(9) The department
shall give preference to districts that propose educational activities that
meet 1 or more of the following: promote healthy food activities; have clear
educational objectives; involve parents or the community; connect to a school’s
farm-to-school procurement activities; and market and promote the program,
leading to increased pupil knowledge and consumption of Michigan-grown
products. Applications with robust marketing and promotional activities shall
receive stronger weighting and consideration.
(10) In awarding
grants, the department shall also consider all of the following: the percentage
of children who qualify for free or reduced price school meals under the
Richard B. Russell national school lunch act, 42 USC 1751 to 1769j; the variety
of school sizes and geographic locations within the identified prosperity
regions; and existing or future collaboration opportunities between more than 1
district in a prosperity region.
(11) As a condition of
receiving a grant under this section, a district shall provide or direct its
vendors to provide to prosperity region offices copies of monthly receipts that
show the quantity of different Michigan-grown fruits, vegetables, and legumes
purchased, the amount of money spent on each of these products, the name and
Michigan location of the farm that grew the products, and the methods or plans
to market and promote the program. The district shall also provide to the
prosperity region monthly lunch numbers and lunch participation rates, and
calendars or monthly menus noting when and how Michigan-grown products were used
in meals. The district and school food service director or directors also shall
agree to respond to brief online surveys and to provide a report that shows the
percentage relationship of Michigan spending compared to total food spending.
Not later than March 1, 2019, 2020,
each prosperity region office, either on its own or in conjunction with another
prosperity region, shall submit a report to the department on expected outcomes
and related measurements for economic development and children’s nutrition and
readiness to learn based on progress so far. The report shall include at least
all of the following:
(a) The extent to
which farmers and related businesses, including distributors and processors,
see an increase in market opportunities and income generation through sales of
Michigan or local products to districts. All of the following apply for
purposes of this subdivision:
(i) The data
used to determine the amount of this increase shall be the total dollar amount
of Michigan or local fruits, vegetables, and legumes purchased by schools,
along with the number of different types of products purchased; school food
purchasing trends identified along with products that are of new and growing
interest among food service directors; the number of businesses impacted; and
the percentage of total food budget spent on Michigan-grown fruits, vegetables,
and legumes.
(ii) The
prosperity region office shall use purchasing data collected for the project
and surveys of school food service directors on the impact and success of the
project as the source for the data described in subparagraph (i).
(b) The ability to
which pupils can access a variety of healthy Michigan-grown foods through
schools and increase their consumption of those foods. All of the following apply
for purposes of this subdivision:
(i) The data
used to determine whether this subparagraph is met shall be the number of
pupils exposed to Michigan-grown fruits, vegetables, and legumes at schools;
the variety of products served; new items taste-tested or placed on menus; and
the increase in pupil willingness to try new local, healthy foods.
(ii) The
prosperity region office shall use purchasing data collected for the project,
meal count and enrollment numbers, school menu calendars, and surveys of school
food service directors as the source for the data described in subparagraph (i).
(12) The department
shall compile the reports provided by prosperity region offices under
subsection (11) into 1 legislative report. The department shall provide this
report not later than April 1, 2019 2020
to the house and senate subcommittees responsible for school aid, the house and
senate fiscal agencies, and the state budget director.
(13)
NOTWITHSTANDING SECTION 17B, PAYMENTS UNDER THIS SECTION SHALL BE PAID ON A SCHEDULE
DETERMINED BY THE DEPARTMENT.
Sec. 31n. (1) From the
school mental health and support services fund money appropriated in
section 11, there is allocated for 2018-2019 2019-2020 for the purposes of this section an amount not to exceed $30,000,000.00
$22,000,000.00 and from the
general fund money appropriated in section 11, there is allocated for 2018-2019 2019-2020 for the purposes of this section an amount not to exceed
$1,300,000.00. Not later than February 15, 2019, the THE department and the department of
health and human services shall establish CONTINUE a program to distribute this funding to add licensed
behavioral health providers for general education pupils, and shall CONTINUE TO seek federal Medicaid match
funding for all eligible mental health and support services.
(2) Not later
than February 15, 2019, the THE
department and the department of health and human services shall create an MAINTAIN AN advisory council FOR PROGRAMS FUNDED UNDER THIS SECTION. THE
ADVISORY COUNCIL SHALL and define goals for implementation of
programs funded under this section, and shall provide feedback on that
implementation. At a minimum, the advisory council shall include
representatives of state associations representing school health, school mental
health, school counseling, education, health care, and other organizations,
representatives from the department and the department of health and human
services, and a representative from the school safety task force created under
Executive Order No. 2018-5. The department and department of health and human
services, working with the advisory council, shall determine an approach to
increase capacity for mental health and support services in schools for general
education pupils, and shall determine where that increase in capacity qualifies
for federal Medicaid match funding.
(3) The
advisory council shall develop a fiduciary agent checklist for intermediate
districts to facilitate development of a plan to submit to the department and
to the department of health and human services. The department and department
of health and human services shall determine the requirements and format for
intermediate districts to submit a plan for possible funding under subsection
(5). Applications for funding for this program shall be made available to
districts and intermediate districts not later than March 1, 2019, 2020 and funding shall be awarded not
later than April 1, 2019. 2020.
(4) Not
later than January 1, 2019, the THE department
of health and human services shall seek to amend the state Medicaid plan or
obtain appropriate Medicaid waivers as necessary for the purpose of generating
additional Medicaid match funding for school mental health and support services
for general education pupils. It is the intent of the legislature INTENDED that a successful state plan amendment or other Medicaid match mechanisms
will result in additional federal Medicaid match funding for both the new
funding allocated under this section and for any expenses already incurred by
districts and intermediate districts for mental health and support services for
general education pupils.
(5) From
the funds allocated under subsection (1), there is allocated an amount not to
exceed $5,000,000.00 to be distributed to the existing network of child and
adolescent health centers to place a licensed master’s level behavioral health
provider in schools that do not currently have services available to general
education students. Existing child and adolescent health centers receiving
funding under this subsection shall provide a commitment to maintain services
and implement all available federal Medicaid match methodologies. The
department of health and human services shall use all existing or additional
federal Medicaid match opportunities to maximize funding allocated under this
subsection. Funds under this subsection shall be provided to existing child and
adolescent health centers in the same proportion that funding under section 31a(7)
31A(4) is provided to child and
adolescent health centers located and operating in those districts.
(6) From
the funds allocated under subsection (1), there is allocated an amount not to
exceed $16,500,000.00 to be distributed to intermediate districts for the
provision of mental health and support services to general education students.
From the funds allocated under this subsection, the department shall distribute
$294,500.00 to each intermediate district that submits a plan approved by the
department and the department of health and human services. The department and
department of health and human services shall work cooperatively in providing
oversight and assistance to intermediate districts during the plan submission
process and shall monitor the program upon implementation. An intermediate
district shall use funds awarded under this subsection to provide funding to
its constituent districts, including public school academies that are
considered to be constituent districts under section 705(7) of the revised
school code, MCL 380.705, for the provision of mental health and support services
to general education students. In addition to the criteria identified under
subsection (7), an intermediate district shall consider geography, cost, or
other challenges when awarding funding to its constituent districts. If funding
awarded to an intermediate district remains after funds are provided by the
intermediate district to its constituent districts, the intermediate district
may hire or contract for experts to provide mental health and support services
to general education students residing within the boundaries of the
intermediate district.
(7) A
district requesting funds under this section from the intermediate district in
which it is located shall submit an application for funding for the provision
of mental health and support services to general education pupils. A district
receiving funding from the application process described in this subsection
shall provide services to nonpublic students upon request. An intermediate
district shall not discriminate against an application submitted by a public
school academy simply on the basis of the applicant being a public school
academy. Grant applications shall be approved based on the following criteria:
(a) The
district’s commitment to maintain mental health and support services delivered
by licensed providers into future fiscal years.
(b) The
district’s commitment to implement all federal Medicaid match methodologies and
provide a local match of at least 20%.
(c) The
district’s commitment to adhere to any local funding requirements determined by
the department and the department of health and human services.
(d) The
extent of the district’s existing partnerships with community health care
providers or the ability of the district to establish such partnerships.
(e) The
district’s documentation of need, including gaps in current mental health and
support services for the general education population.
(f) The
district’s submission of a formal plan of action identifying the number of
schools and students to be served.
(g)
Whether the district will participate in ongoing trainings.
(h)
Whether the district will submit an annual report to the state.
(i)
Whether the district demonstrates a willingness to work with the state to
establish program and service delivery benchmarks.
(j)
Whether the district has developed a school safety plan or is in the process of
developing a school safety plan.
(k) Any
other requirements determined by the department or the department of health and
human services.
(8)
Funding under this section, including any federal Medicaid funds that are
generated, shall not be used to supplant existing services.
(9) Both
of the following are allocated for 2018-2019 2019-2020 to the department of health and human services from the general
fund money allocated under subsection (1):
(a) An
amount not to exceed $1,000,000.00 for the purpose of upgrading technology and
systems infrastructure and other administrative requirements to support the
programs funded under this section.
(b) An
amount not to exceed $300,000.00 for the purpose of administering the programs
under this section and working on generating additional Medicaid funds as a
result of programs funded under this section.
(10)
From the funds allocated under subsection (1), there is allocated for 2018-2019 2019-2020 an amount not to exceed $500,000.00 to intermediate districts
on an equal per intermediate district basis for the purpose of administering
programs funded under this section.
(11) The
department and the department of health and human services shall work with the
advisory council to develop proposed measurements of outcomes and performance.
Those measurements shall include, at a minimum, the number of pupils served,
the number of schools served, and where those pupils and schools were located.
The department and the department of health and human services shall compile
data necessary to measure outcomes and performance, and districts and
intermediate districts receiving funding under this section shall provide data
requested by the department and department of health and human services for the
measurement of outcomes and performance. The department and department of
health and human services shall provide a report not later than December 1,
2019 and by December 1 annually thereafter to the house and senate appropriations
subcommittees on school aid and health and human services, and to the house and
senate fiscal agencies. At a minimum, the report shall include measurements of
outcomes and performance, proposals to increase efficacy and usefulness,
proposals to increase performance, and proposals to expand coverage.
(12)
From the funds allocated in subsection (1), there is allocated for 2018-2019 an
amount not to exceed $8,000,000.00 for the behavioral health team pilot
program. The department shall award funds under this subsection to intermediate
school districts to create school-based behavioral health assessment teams
utilizing a “train the trainer” model of training that focuses on providing
age-appropriate interventions, identifying behaviors that suggest a pupil may
be struggling with mental health challenges, providing treatment and support of
the pupil, and using disciplinary interventions and the criminal justice system
as methods of last resort. The intermediate district may hire or contract with
experts to provide training to intermediate district staff so that it may
provide similar training for staff of the constituent districts. The department
shall award the entire $8,000,000.00 allocated under this subsection by
allocating an equal dollar amount to each intermediate district that has its
application approved under subsection (13).
(13) An
intermediate district shall apply for funds under subsection (12) in a form and
manner determined by the department. The application shall include, but is not
limited to, all of the following:
(a) A
detailed plan on how the intermediate district will work with constituent
districts to identify a behavioral health assessment team within each school to
be trained under this pilot. The plan shall demonstrate that a behavioral
health assessment team must consist of, but is not limited to, all of the
following individuals:
(i)
School administrators and teachers.
(ii)
An individual whose primary purpose is ensuring safety in a school.
(iii)
Pathways to potential workers, if the school participates in the pathways to
potential program.
(iv)
Local mental health agency representatives.
(v)
Local law enforcement agency personnel.
(vi)
If appropriate under the model being used, a pupil.
(b)
Identification of a behavioral health assessment training implementation plan
that shall include a description of how results of the training will be
incorporated into administrative policies and a comprehensive school safety
plan, including into a multi-tiered system of support.
(14) The
funds allocated under this section for 2018-2019 are a work project
appropriation, and any unexpended funds for 2018-2019 are carried forward into
2019-2020. The purpose of the work project is to continue to provide funding
for the expansion of mental health and support services for general education
students. The estimated completion date of the work project is September 30,
2022.
Sec.
32d. (1) From the funds appropriated in section 11, there is allocated to
eligible intermediate districts and consortia of intermediate districts for
great start readiness programs an amount not to exceed $244,600,000.00 $328,600,000.00 for 2018‑2019.
2019-2020. Funds allocated under this section for great start readiness
programs shall be used to provide part-day, school-day, or GSRP/Head Start
blended comprehensive free compensatory classroom programs designed to improve
the readiness and subsequent achievement of educationally disadvantaged
children who meet the participant eligibility and prioritization guidelines as defined
by the department. For a child to be eligible to participate in a program under
this section, the child shall be at least 4, but less than 5, years of age as
of September 1 of the school year in which the program is offered and shall
meet those eligibility and prioritization guidelines. A child who is not 4
years of age as of September 1, but who will be 4 years of age not later than
December 1, is eligible to participate if the child’s parent or legal guardian
seeks a waiver from the September 1 eligibility date by submitting a request
for enrollment in a program to the responsible intermediate district, if the
program has capacity on or after September 1 of the school year, and if the
child meets eligibility and prioritization guidelines.
(2) From the funds allocated under
subsection (1), an amount not to exceed $242,600,000.00 $328,600,000.00 is allocated to
intermediate districts or consortia of intermediate districts based on the
formula in section 39. An intermediate district or consortium of intermediate
districts receiving funding under this section shall act as the fiduciary for
the great start readiness programs. In order to be eligible to receive funds
allocated under this subsection from an intermediate district or consortium of
intermediate districts, a district, a consortium of districts, or a public or
private for-profit or nonprofit legal entity or agency shall comply with this
section and section 39.
(3) In addition to the
allocation under subsection (1), from the general fund money appropriated under
section 11, there is allocated an amount not to exceed $300,000.00 for 2018-2019 2019-2020 for a competitive
grant to continue a longitudinal evaluation of children who have participated
in great start readiness programs.
(4) To be eligible for
funding under this section, a program shall prepare children for success in
school through comprehensive part-day, school-day, or GSRP/Head Start blended
programs that contain all of the following program components, as determined by
the department:
(a) Participation in a
collaborative recruitment and enrollment process to assure that each child is
enrolled in the program most appropriate to his or her needs and to maximize
the use of federal, state, and local funds.
(b) An age-appropriate
educational curriculum that is in compliance with the early childhood standards
of quality for prekindergarten children adopted by the state board., including, at least, the
Connect4Learning curriculum.
(c) Nutritional
services for all program participants supported by federal, state, and local
resources as applicable.
(d) Physical and
dental health and developmental screening services for all program
participants.
(e) Referral services
for families of program participants to community social service agencies,
including mental health services, as appropriate.
(f) Active and
continuous involvement of the parents or guardians of the program participants.
(g) A plan to conduct
and report annual great start readiness program evaluations and continuous
improvement plans using criteria approved by the department.
(h) Participation in a
school readiness advisory committee convened as a workgroup of the great start
collaborative that provides for the involvement of classroom teachers, parents
or guardians of program participants, and community, volunteer, and social
service agencies and organizations, as appropriate. The advisory committee
annually shall review and make recommendations regarding the program components
listed in this subsection. The advisory committee also shall make
recommendations to the great start collaborative regarding other community
services designed to improve all children’s school readiness.
(i) The ongoing
articulation of the kindergarten and first grade programs offered by the
program provider.
(j) Participation in
this state’s great start to quality process with a rating of at least 3 stars.
(5) An application for
funding under this section shall provide for the following, in a form and
manner determined by the department:
(a) Ensure compliance
with all program components described in subsection (4).
(b) Except as
otherwise provided in this subdivision, ensure that at least 90% of the
children participating in an eligible great start readiness program for whom
the intermediate district is receiving funds under this section are children
who live with families with a household income that is equal to or less than 250%
300% of the federal poverty
level. If the intermediate district determines that all eligible children are
being served and that there are no children on the waiting list who live with
families with a household income that is equal to or less than 250% 300% of the federal poverty level, the
intermediate district may then enroll children who live with families with a
household income that is equal to or less than 300% 350% of the federal poverty level. The enrollment process shall
consider income and risk factors, such that children determined with higher
need are enrolled before children with lesser need. For purposes of this subdivision,
all age-eligible children served in foster care or who are experiencing
homelessness or who have individualized education plans recommending placement
in an inclusive preschool setting shall be considered to live with families
with household income equal to or less than 250% 300% of the federal poverty level regardless of actual family
income and shall be prioritized for enrollment within the lowest quintile.
(c) Ensure that the
applicant only uses qualified personnel for this program, as follows:
(i) Teachers
possessing proper training. A lead teacher must have a valid teaching
certificate with an early childhood (ZA or ZS) endorsement or a bachelor’s or
higher degree in child development or early childhood education with
specialization in preschool teaching. However, if an applicant demonstrates to
the department that it is unable to fully comply with this subparagraph after
making reasonable efforts to comply, teachers who have significant but
incomplete training in early childhood education or child development may be
used if the applicant provides to the department, and the department approves,
a plan for each teacher to come into compliance with the standards in this
subparagraph. A teacher’s compliance plan must be completed within 2 years of
the date of employment. Progress toward completion of the compliance plan shall
consist of at least 2 courses per calendar year.
(ii)
Paraprofessionals possessing proper training in early childhood education,
including an associate’s degree in early childhood education or child
development or the equivalent, or a child development associate (CDA)
credential. However, if an applicant demonstrates to the department that it is
unable to fully comply with this subparagraph after making reasonable efforts to
comply, the applicant may use paraprofessionals who have completed at least 1
course that earns college credit in early childhood education or child
development if the applicant provides to the department, and the department
approves, a plan for each paraprofessional to come into compliance with the
standards in this subparagraph. A paraprofessional’s compliance plan must be
completed within 2 years of the date of employment. Progress toward completion
of the compliance plan shall consist of at least 2 courses or 60 clock hours of
training per calendar year.
(d) Include a program
budget that contains only those costs that are not reimbursed or reimbursable
by federal funding, that are clearly and directly attributable to the great
start readiness program, and that would not be incurred if the program were not
being offered. Eligible costs include transportation costs. The program budget
shall indicate the extent to which these funds will supplement other federal,
state, local, or private funds. Funds received under this section shall not be
used to supplant any federal funds received by the applicant to serve children
eligible for a federally funded preschool program that has the capacity to
serve those children.
(6) For a grant
recipient that enrolls pupils in a school-day program funded under this
section, each child enrolled in the school-day program shall be counted as
described in section 39 for purposes of determining the amount of the grant
award.
(7) For a grant
recipient that enrolls pupils in a GSRP/Head Start blended program, the grant
recipient shall ensure that all Head Start and GSRP policies and regulations
are applied to the blended slots, with adherence to the highest standard from
either program, to the extent allowable under federal law.
(8) An intermediate
district or consortium of intermediate districts receiving a grant under this
section shall designate an early childhood coordinator, and may provide
services directly or may contract with 1 or more districts or public or private
for-profit or nonprofit providers that meet all requirements of subsections (4)
and (5).
(9) An intermediate
district or consortium of intermediate districts may retain for administrative
services provided by the intermediate district or consortium of intermediate
districts an amount not to exceed 4% of the grant amount. Expenses incurred by
subrecipients engaged by the intermediate district or consortium of
intermediate districts for directly running portions of the program shall be
considered program costs or a contracted program fee for service.
(10) An intermediate
district or consortium of intermediate districts may expend not more than 2% of
the total grant amount for outreach, recruiting, and public awareness of the
program.
(11) Each grant
recipient shall enroll children identified under subsection (5)(b) according to
how far the child’s household income is below 250% 300% of the federal poverty level by ranking each applicant child’s
household income from lowest to highest and dividing the applicant children
into quintiles based on how far the child’s household income is below 250% 300% of the federal poverty level, and
then enrolling children in the quintile with the lowest household income before
enrolling children in the quintile with the next lowest household income until
slots are completely filled. If the grant recipient determines that all
eligible children are being served and that there are no children on the
waiting list who live with families with a household income that is equal to or
less than 250% 300% of the
federal poverty level, the grant recipient may then enroll children who live
with families with a household income that is equal to or less than 300% 350% of the federal poverty level. The
enrollment process shall consider income and risk factors, such that children
determined with higher need are enrolled before children with lesser need. For
purposes of this subdivision, all age-eligible children served in foster care
or who are experiencing homelessness or who have individualized education plans
recommending placement in an inclusive preschool setting shall be considered to
live with families with household income equal to or less than 250% 300% of the federal poverty level
regardless of actual family income and shall be prioritized for enrollment
within the lowest quintile.
(12) An intermediate
district or consortium of intermediate districts receiving a grant under this
section shall allow parents of eligible children who are residents of the
intermediate district or within the consortium to choose a program operated by
or contracted with another intermediate district or consortium of intermediate
districts and shall enter into a written agreement regarding payment, in a
manner prescribed by the department.
(13) An intermediate
district or consortium of intermediate districts receiving a grant under this
section shall conduct a local process to contract with interested and eligible
public and private for-profit and nonprofit community-based providers that meet
all requirements of subsection (4) for at least 30% of its total allocation.
For the purposes of this 30% allocation, an intermediate district or consortium
of intermediate districts may count children served by a Head Start grantee or
delegate in a blended Head Start and great start readiness school-day program.
Children served in a program funded only through Head Start shall not be
counted toward this 30% allocation. The intermediate district or consortium
shall report to the department, in a manner prescribed by the department, a
detailed list of community-based providers by provider type, including private
for-profit, private nonprofit, community college or university, Head Start
grantee or delegate, and district or intermediate district, and the number and
proportion of its total allocation allocated to each provider as subrecipient.
If the intermediate district or consortium is not able to contract for at least
30% of its total allocation, the grant recipient shall notify the department
and, if the department verifies that the intermediate district or consortium
attempted to contract for at least 30% of its total allocation and was not able
to do so, then the intermediate district or consortium may retain and use all
of its allocation as provided under this section. To be able to use this
exemption, the intermediate district or consortium shall demonstrate to the
department that the intermediate district or consortium increased the
percentage of its total allocation for which it contracts with a
community-based provider and the intermediate district or consortium shall
submit evidence satisfactory to the department, and the department must be able
to verify this evidence, demonstrating that the intermediate district or
consortium took measures to contract for at least 30% of its total allocation
as required under this subsection, including, but not limited to, at least all
of the following measures:
(a) The intermediate
district or consortium notified each nonparticipating licensed child care
center located in the service area of the intermediate district or consortium
regarding the center’s eligibility to participate, in a manner prescribed by
the department.
(b) The intermediate
district or consortium provided to each nonparticipating licensed child care
center located in the service area of the intermediate district or consortium
information regarding great start readiness program requirements and a
description of the application and selection process for community-based
providers.
(c) The intermediate
district or consortium provided to the public and to participating families a
list of community-based great start readiness program subrecipients with a
great start to quality rating of at least 3 stars.
(14) If an
intermediate district or consortium of intermediate districts receiving a grant
under this section fails to submit satisfactory evidence to demonstrate its
effort to contract for at least 30% of its total allocation, as required under
subsection (13), the department shall reduce the allocation to the intermediate
district or consortium by a percentage equal to the difference between the
percentage of an intermediate district’s or consortium’s total allocation
awarded to community-based providers and 30% of its total allocation.
(15) In order to
assist intermediate districts and consortia in complying with the requirement
to contract with community-based providers for at least 30% of their total
allocation, the department shall do all of the following:
(a) Ensure that a
great start resource center or the department provides each intermediate
district or consortium receiving a grant under this section with the contact
information for each licensed child care center located in the service area of
the intermediate district or consortium by March 1 of each year.
(b) Provide, or ensure
that an organization with which the department contracts provides, a
community-based provider with a validated great start to quality rating within
90 days of the provider’s having submitted a request and self-assessment.
(c) Ensure that all intermediate
district, district, community college or university, Head Start grantee or
delegate, private for-profit, and private nonprofit providers are subject to a
single great start to quality rating system. The rating system shall ensure
that regulators process all prospective providers at the same pace on a
first-come, first-served basis and shall not allow 1 type of provider to
receive a great start to quality rating ahead of any other type of provider.
(d) Not later than
December 1 of each year, compile the results of the information reported by
each intermediate district or consortium under subsection (13) and report to
the legislature a list by intermediate district or consortium with the number
and percentage of each intermediate district’s or consortium’s total allocation
allocated to community-based providers by provider type, including private
for-profit, private nonprofit, community college or university, Head Start
grantee or delegate, and district or intermediate district.
(16) A recipient of
funds under this section shall report to the center in a form and manner
prescribed by the center the information necessary to derive the number of
children participating in the program who meet the program eligibility criteria
under subsection (5)(b), the number of eligible children not participating in
the program and on a waitlist, and the total number of children participating
in the program by various demographic groups and eligibility factors necessary
to analyze equitable and priority access to services for the purposes of
subsection (3).
(17) As used in this
section:
(a) “GSRP/Head Start
blended program” means a part-day program funded under this section and a Head
Start program, which are combined for a school-day program.
(b) “Part-day program”
means a program that operates at least 4 days per week, 30 weeks per year, for
at least 3 hours of teacher-child contact time per day but for fewer hours of
teacher-child contact time per day than a school-day program.
(c) “School-day
program” means a program that operates for at least the same length of day as a
district’s first grade program for a minimum of 4 days per week, 30 weeks per
year. A classroom that offers a school-day program must enroll all children for
the school day to be considered a school-day program.
(18) An intermediate
district or consortium of intermediate districts receiving funds under this
section shall establish and charge tuition according to a sliding scale of
tuition rates based upon household income for children participating in an
eligible great start readiness program who live with families with a household
income that is more than 250% 300%
of the federal poverty level to be used by all of its providers, as approved by
the department.
(19) From the amount
appropriated in subsection (1), there is allocated an amount not to exceed
$10,000,000.00 for reimbursement of transportation costs for children attending
great start readiness programs funded under this section. To receive
reimbursement under this subsection, not later than November 1, 2018, OF EACH YEAR, a program funded under
this section that provides transportation shall submit to the intermediate
district that is the fiscal agent for the program a projected transportation
budget. The amount of the reimbursement for transportation under this
subsection shall be no more than the projected transportation budget or $300.00
multiplied by the number of children funded for the program under this section.
If the amount allocated under this subsection is insufficient to fully
reimburse the transportation costs for all programs that provide transportation
and submit the required information, the reimbursement shall be prorated in an
equal amount per child funded. Payments shall be made to the intermediate
district that is the fiscal agent for each program, and the intermediate
district shall then reimburse the program provider for transportation costs as
prescribed under this subsection.
(20) Subject to, and
from the funds allocated under, subsection (19), the department shall reimburse
a program for transportation costs related to parent- or guardian-accompanied
transportation provided by transportation service companies, buses, or other
public transportation services. To be eligible for reimbursement under this
subsection, a program must submit to the intermediate district or consortia of
intermediate districts all of the following:
(a) The names of
families provided with transportation support along with a documented reason
for the need for transportation support and the type of transportation
provided.
(b) Financial
documentation of actual transportation costs incurred by the program,
including, but not limited to, receipts and mileage reports, as determined by
the department.
(c) Any other
documentation or information determined necessary by the department.
(21) The department
shall implement a process to review and approve age-appropriate comprehensive
classroom level quality assessments for GSRP grantees that support the early
childhood standards of quality for prekindergarten children adopted by the
state board. The department shall make available to intermediate districts at
least 2 classroom level quality assessments that were approved in 2018.
(22) An intermediate
district that is a GSRP grantee may approve the use of a supplemental
curriculum that aligns with and enhances the age-appropriate educational
curriculum in the classroom. If the department objects to the use of a
supplemental curriculum approved by an intermediate district, the
superintendent of public instruction shall establish a review committee
independent of the department. The review committee shall meet within 60 days
of the department registering its objection in writing and provide a final
determination on the validity of the objection within 60 days of the review
committee’s first meeting.
(23) The department
shall implement a process to evaluate and approve age-appropriate educational
curricula that are in compliance with the early childhood standards of quality
for prekindergarten children adopted by the state board.
(24) From the funds
allocated under subsection (1), there is allocated an amount not to exceed
$2,000,000.00 for payments to intermediate districts or consortia of
intermediate districts for professional development and training materials for
educators in programs implementing new curricula in 2019-2020.
(24) (25) A great start readiness program or a GSRP/Head Start blended
program funded under this section shall be permitted to utilize AmeriCorps
Pre-K Reading Corps members in classrooms implementing research-based early
literacy intervention strategies.
Sec. 32p. (1) From the appropriation in section 11, there is
allocated an amount not to exceed $13,400,000.00 to intermediate districts for 2018-2019
2019-2020 for the purpose of providing
early childhood funding to intermediate school districts to support the
activities under subsection (2) and subsection (4), and to provide early
childhood programs for children from birth through age 8. The funding provided
to each intermediate district under this section shall be determined by the
distribution formula established by the department's office of great start to
provide equitable funding statewide. In order to receive funding under this
section, each intermediate district shall provide an application to the office
of great start not later than September 15 of the immediately preceding fiscal
year indicating the activities planned to be provided.
(2) Each intermediate district or consortium of intermediate
districts that receives funding under this section shall convene a local great
start collaborative and a parent coalition. The goal of each great start
collaborative and parent coalition shall be to ensure the coordination and
expansion of local early childhood infrastructure and programs that allow every
child in the community to achieve the following outcomes:
(a) Children born healthy.
(b) Children healthy, thriving, and developmentally on track
from birth to third grade.
(c) Children developmentally ready to succeed in school at the
time of school entry.
(d) Children prepared to succeed in fourth grade and beyond by
reading proficiently by the end of third grade.
(3) Each local great start collaborative and parent coalition
shall convene workgroups to make recommendations about community services
designed to achieve the outcomes described in subsection (2) and to ensure that
its local great start system includes the following supports for children from
birth through age 8:
(a) Physical health.
(b) Social-emotional health.
(c) Family supports and basic needs.
(d) Parent education.
(e) Early education, including the child's development of
skills linked to success in foundational literacy, and care.
(4) From the funds allocated in subsection (1), at least
$2,500,000.00 shall be used for the purpose of providing home visits to at-risk
children and their families. The home visits shall be conducted as part of a
locally coordinated, family-centered, evidence-based, data-driven home visit
strategic plan that is approved by the department. The goals of the home visits
funded under this subsection shall be to improve school readiness using
evidence-based methods, including a focus on developmentally appropriate
outcomes for early literacy, to reduce the number of pupils retained in grade
level, to reduce the number of pupils requiring special education services, to
improve positive parenting practices, and to improve family economic
self-sufficiency while reducing the impact of high-risk factors through
community resources and referrals. The department shall coordinate the goals of
the home visit strategic plans approved under this subsection with other state
agency home visit programs in a way that strengthens Michigan's home visiting
infrastructure and maximizes federal funds available for the purposes of
at-risk family home visits. The coordination among departments and agencies is
intended to avoid duplication of state services and spending, and should
emphasize efficient service delivery of home visiting programs.
(5) Not later than December 1 of each year, each intermediate
district shall provide a report to the department detailing the activities
actually provided during the immediately preceding school year and the families
and children actually served. At a minimum, the report shall include an
evaluation of the services provided with additional funding under subsection
(4) for home visits, using the goals identified in subsection (4) as the basis
for the evaluation, including the degree to which school readiness was
improved, any change in the number of pupils retained at grade level, and
any change in the number of pupils receiving special education services. POSITIVE PARENTING PRACTICES WERE IMPROVED,
THERE WAS IMPROVED FAMILY ECONOMIC SELF-SUFFICIENCY, AND COMMUNITY RESOURCES
AND REFERRALS WERE UTILIZED. The department shall compile and summarize
these reports and submit its summary to the house and senate appropriations
subcommittees on school aid and to the house and senate fiscal agencies not
later than February 15 of each year.
(6) An intermediate district or consortium of intermediate
districts that receives funding under this section may carry over any
unexpended funds received under this section into the next fiscal year and may
expend those unused funds through June 30 of the next fiscal year. A recipient
of a grant shall return any unexpended grant funds to the department in the
manner prescribed by the department not later than September 30 of the next
fiscal year after the fiscal year in which the funds are received.
Sec. 35a. (1) From the
appropriations in section 11, there is allocated for 2018-2019 2019-2020 for the purposes of this section an amount not to exceed $27,900,000.00
$52,400,000.00 from the state
school aid fund and an amount not to exceed $3,500,000.00 $3,000,000.00 from the general fund.
The superintendent shall designate staff or contracted employees funded under
this section as critical shortage. Programs funded under this section are
intended to ensure that this state will be in the top 10 most improved
states in grade 4 reading proficiency by the 2019 National Assessment of
Educational Progress (NAEP) and will be in the A top 10 states overall STATE
in grade 4 reading proficiency by 2025,
ACCORDING TO THE NATIONAL ASSESSMENT OF
EDUCATIONAL PROGRESS (NAEP).
(2) A district that receives funds under
subsection (5) may spend up to 5% of those funds for professional development
for educators in a department-approved research-based training program related
to current state literacy standards for pupils in grades K to 3. The
professional development shall also include training in the use of screening
and diagnostic tools, progress monitoring, and intervention methods used to
address barriers to learning and delays in learning that are diagnosed through
the use of these tools.
(3) A district that
receives funds under subsection (5) may use up to 5% of those funds to
administer department-approved screening and diagnostic tools to monitor the
development of early literacy and early reading skills of pupils in grades K to
3 and to support research-based professional development for educators in
administering screening and diagnostic tools and in data interpretation of the
results obtained through the use of those tools for the purpose of implementing
a multi-tiered system of support to improve reading proficiency among pupils in
grades K to 3. A department-approved screening and diagnostic tool administered
by a district using funding under this section must include all of the
following components: phonemic awareness, phonics, fluency, and comprehension.
Further, all of the following sub-skills must be assessed within each of these
components:
(a) Phonemic awareness
- segmentation, blending, and sound manipulation (deletion and substitution).
(b) Phonics - decoding
(reading) and encoding (spelling).
(c) Fluency - reading
rate, accuracy, and expression.
(d) Comprehension -
making meaning of text.
(4) From the
allocations under subsection (1), there is allocated an amount not to exceed $7,000,000.00
$31,500,000.00 for 2018-2019 2019-2020 for the purpose of providing early literacy coaches at
intermediate districts to assist teachers in developing and implementing
instructional strategies for pupils in grades K to 3 so that pupils are reading
at grade level by the end of grade 3. All of the following apply to funding
under this subsection:
(a) The department
shall develop an application process consistent with the provisions of this
subsection. An application shall provide assurances that literacy coaches
funded under this subsection are knowledgeable about at least the following:
(i) Current
state literacy standards for pupils in grades K to 3.
(ii)
Implementing an instructional delivery model based on frequent use of
formative, screening, and diagnostic tools, known as a multi-tiered system of
support, to determine individual progress for pupils in grades K to 3 so that
pupils are reading at grade level by the end of grade 3.
(iii) The use
of data from diagnostic tools to determine the necessary additional supports
and interventions needed by individual pupils in grades K to 3 in order to be
reading at grade level.
(b) From the
allocation under this subsection, the department shall award grants to
intermediate districts for the support of early literacy coaches. An
intermediate district must provide matching funds for at least 50% of the grant
amount awarded to support the cost of the literacy coach. The department
shall provide this funding in the following manner:
(i) Each
intermediate district shall be awarded grant funding to support the cost of 1
early literacy coach in an equal amount per early literacy coach, not to exceed
$75,000.00. $112,500.00.
(ii) After distribution of the grant funding under
subparagraph (i), the department shall distribute the remainder of grant
funding for additional early literacy coaches in an amount not to exceed $75,000.00
$112,500.00 per early literacy
coach. The number of funded early literacy coaches for each intermediate
district shall be based on the percentage of the total statewide number of
pupils in grades K to 3 who meet the income eligibility standards for the
federal free and reduced-price lunch programs who are enrolled in districts in
the intermediate district. For each additional early literacy coach funded under
this subparagraph, the department shall not make an award to an intermediate
district under this subparagraph in an amount that is less than the amount
necessary to pay 1/2 of the total cost of that additional early literacy coach.
(5) From the
allocations under subsection (1), there is allocated an amount not to exceed
$19,900,000.00 for 2018-2019 2019-2020
to districts that provide additional instructional time to those pupils in
grades K to 3 who have been identified by using department-approved screening
and diagnostic tools as needing additional supports and interventions in order
to be reading at grade level by the end of grade 3. Additional instructional
time may be provided before, during, and after regular school hours or as part
of a year-round balanced school calendar. All of the following apply to funding
under this subsection:
(a) In order to be
eligible to receive funding, a district shall demonstrate to the satisfaction
of the department that the district has done all of the following:
(i) Implemented
a multi-tiered system of support instructional delivery model that is an
evidence-based model that uses data-driven problem solving to integrate
academic and behavioral instruction and that uses intervention delivered to all
pupils in varying intensities based on pupil needs. The multi-tiered system of
supports must provide at least all of the following essential components:
(A) Team-based
leadership.
(B) A tiered delivery
system.
(C) Selection and
implementation of instruction, interventions, and supports.
(D) A comprehensive
screening and assessment system.
(E) Continuous
data-based decision making.
(ii) Used
department-approved research-based diagnostic tools to identify individual
pupils in need of additional instructional time.
(iii) Used a
reading instruction method that focuses on the 5 fundamental building blocks of
reading: phonics, phonemic awareness, fluency, vocabulary, and comprehension
and content knowledge.
(iv) Provided
teachers of pupils in grades K to 3 with research-based professional
development in diagnostic data interpretation.
(v) Complied
with the requirements under section 1280f of the revised school code, MCL
380.1280f.
(b) Funding allocated
under this subsection shall be distributed to eligible districts on an equal
per-first-grade-pupil basis.
(c) If the funds
allocated under this subsection are insufficient to fully fund the payments
under this subsection, payments under this subsection shall be prorated on an
equal per-pupil basis based on grade 1 pupils.
(6) Not later than
September 1, 2019, OF EACH YEAR,
a district that receives funding under this section, in conjunction with the
Michigan data hub network, if possible, shall provide to the department a
report that includes at least both of the following, in a form and manner
prescribed by the department:
(a) For pupils in
grades K to 3, the pupils, schools, and grades served with funds under this
section and the categories of services provided.
(b) For pupils in
grades K to 3, pupil proficiency and growth data that allows analysis both in
the aggregate and by each of the following subgroups, as applicable:
(i) School.
(ii) Grade
level.
(iii) Gender.
(iv) Race.
(v) Ethnicity.
(vi)
Economically disadvantaged status.
(vii)
Disability.
(viii) Pupils
identified as having reading deficiencies.
(7) From the general
fund money allocated in subsection (1), the department shall allocate the
amount of $3,000,000.00 for 2018-2019 2019-2020 to the Michigan Education Corps for the PreK Reading
Corps, AND the K3 Reading
Corps., and the Math Corps.
All of the following apply to funding under this subsection:
(a) By September 1 of
the current fiscal year, the Michigan Education Corps shall provide a report
concerning its use of the funding to the senate and house appropriations
subcommittees on state school aid, the senate and house fiscal agencies, and
the senate and house caucus policy offices on outcomes and performance measures
of the Michigan Education Corps, including, but not limited to, the degree to
which the Michigan Education Corps’s CORPS’ replication of the Michigan PreK Reading Corps, AND THE K3 Reading Corps, and Math
Corps programs is demonstrating sufficient efficacy and impact. The report
must include data pertaining to at least all of the following:
(i) The current
impact of the programs on this state in terms of numbers of children and
schools receiving support. This portion of the report shall specify the number
of children tutored, including dosage and completion, and the demographics of
those children.
(ii) Whether
the assessments and interventions are implemented with fidelity. This portion
of the report shall include details on the total number of assessments and
interventions completed and the range, mean, and standard deviation.
(iii) Whether
the literacy or math improvement of children participating in the
programs is consistent with expectations. This portion of the report shall
detail at least all of the following:
(A) Growth rate by
grade or age level, in comparison to targeted growth rate.
(B) Average linear
growth rates.
(C) Exit rates.
(D) Percentage of
children who exit who also meet or exceed spring benchmarks.
(iv) The impact
of the programs on organizations and stakeholders, including, but not limited
to, school administrators, internal coaches, and AmeriCorps members.
(b) If the department
determines that the Michigan Education Corps has misused the funds allocated
under this subsection, the Michigan Education Corps shall reimburse this state
for the amount of state funding misused.
(c) The department may
not reserve any portion of the allocation provided under this subsection for an
evaluation of the Michigan Education Corps, the Michigan Education Corps’
funding, or the Michigan Education Corps’ programming unless agreed to in
writing by the Michigan Education Corps. The department shall award the entire
$3,000,000.00 allocated under this subsection to the Michigan Education Corps
and shall not condition the awarding of this funding on the implementation of
an independent evaluation.
(8) From the general
fund money allocated under subsection (1), there is allocated an amount not to
exceed $500,000.00 for 2018-2019 for a grant to an eligible program that has a
goal to slow or prevent the K to 4 summer reading slide among all pupils
enrolled in grades K to 4, particularly those from economically disadvantaged
households. Funds allocated under this subsection are grant funds and must be
distributed by the department. A program is eligible if it meets at least all
of the following:
(a) The program’s
objective is to deliver a bilingual, in-home, individualized summer reading
program consisting of self-selected, independent reading level books to K to 4
pupils each week during the summer.
(b) Is evaluated
quantitatively and qualitatively using pre- and post-standardized test score
comparison and parent and school surveys specific to each district.
(c) Incorporates at
least weekly interactive parental and family engagement during the summer.
(d) Builds on
pedagogical and literacy principles to scaffold fluency to improve reading
comprehension with pupil exercises.
(e) Provides at least
4, and up to 9, student-selected new books to read and keep.
(f) Collects,
analyzes, and reports detailed data on parental engagement, books read, and
spring-to-fall reading scores.
(g) Follows the
department’s top 10 in 10 goals and strategies, with an emphasis on goals 4 and
5.
(h) Focuses on in-home
program delivery through weekly mailings.
(i) Provides summary
data to the legislature and to the department for all pupils served by the
program after each summer.
(8) (9) From the state school
aid fund money allocated under subsection (1), there is allocated an amount not
to exceed $1,000,000.00 for 2018-2019 2019-2020 to an intermediate district in which the combined total
number of pupils in membership of all of its constituent districts is the
fewest among all intermediate districts. All of the following apply to the
funding under this subsection:
(a) Funding under this
subsection must be used by the intermediate district, in partnership with an
association that represents intermediate district administrators in this state,
to implement both ALL of the
following:
(i) Literacy
essentials teacher and principal training modules.
(ii)
Face-to-face and online professional learning of literacy essentials teacher
and principal training modules for literacy coaches, principals, and teachers.
(III) ADULT LITERACY ESSENTIALS TRAINING. THIS INCLUDES THE CREATION OF
A RESEARCHED-BASED DOCUMENT THAT OUTLINES PROCESSES AND PRACTICES DESIGNED TO
INCREASE MICHIGAN’S CAPACITY TO IMPROVE ADULT LITERACY AND THE CREATION OF
PROFESSIONAL DEVELOPMENT TO IMPLEMENT THESE PROCESSES AND PRACTICES.
(IV)
IN COLLABORATION WITH THE DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT,
IMPROVED PROCESSES THAT CONNECT STATE RESIDENTS TO ADULT LITERACY
OPPORTUNITIES. THIS INCLUDES THE CREATION OF A STATE-SPONSORED TOLL-FREE NUMBER
TO DIRECT RESIDENTS TO ADULT LITERACY EDUCATION OPPORTUNITIES AND THE CREATION
OF AN EASY-TO-NAVIGATE ADULT EDUCATION RESOURCE WEBSITE, WITH LANGUAGE WRITTEN
AT A THIRD GRADE READING LEVEL, CONNECTING RESIDENTS TO THE TOLL-FREE NUMBER
AND TO ADULT LITERACY EDUCATION PROGRAMS ACROSS THE STATE.
(b) Not later than September 1 of each year,
the intermediate district described in this subsection, in consultation with
grant recipients, shall submit a report to the chairs of the senate and house
appropriations subcommittees on state school aid and the chairs of the senate
and house standing committees responsible for education legislation. The report
described under this subdivision must include student achievement results in
English language arts and survey results with feedback from parents and
teachers regarding the initiatives implemented under this subsection.
(10)
Notwithstanding section 17b, payments made under subsection (9) shall be made
not later than March 1, 2019.
Sec. 39. (1) An eligible applicant receiving funds under
section 32d shall submit an application, in a form and manner prescribed by the
department, by a date specified by the department in the immediately preceding
state fiscal year. The application shall not require an eligible applicant to
amend the applicant's current accounting cycle or adopt this state's fiscal
year accounting cycle in accounting for financial transactions under this
section. The application shall include all of the following:
(a) For 2018-2019 2019-2020
calculations, the estimated total number of children in the community who meet
the criteria of section 32d, as provided to the applicant by the department
utilizing the most recent population data available from the American Community
Survey conducted by the United States Census Bureau. Beginning in 2018-2019,
the THE department shall ensure
that it provides updated American Community Survey population data at least
once every 3 years.
(b) The estimated number of children in the community who meet
the criteria of section 32d and are being served exclusively by Head Start
programs operating in the community.
(c) The number of children whom the applicant has the capacity
to serve who meet the criteria of section 32d including a verification of
physical facility and staff resources capacity.
(2) After notification of funding allocations, an applicant
receiving funds under section 32d shall also submit an implementation plan for
approval, in a form and manner prescribed by the department, by a date
specified by the department, that details how the applicant complies with the
program components established by the department pursuant to section 32d.
(3) The initial allocation to each eligible applicant under
section 32d shall be the lesser of the following:
(a) The sum of the number of children served in a school-day
program in the preceding school year multiplied by $7,250.00 $8,500.00 and the number of children
served in a GSRP/Head Start blended program or a part-day program in the
preceding school year multiplied by $3,625.00 $4,250.00.
(b) The sum of the number of children the applicant has the
capacity to serve in 2018-2019 2019-2020
in a school-day program multiplied by $7,250.00 $8,500.00 and the number of children served in a GSRP/Head Start
blended program or a part-day program the applicant has the capacity to serve
in 2018-2019 2019-2020
multiplied by $3,625.00. $4,250.00.
(4) If funds remain after the allocations under subsection
(3), the department shall distribute the remaining funds to each intermediate
district or consortium of intermediate districts that serves less than the
state percentage benchmark determined under subsection (5). These remaining
funds shall be distributed to each eligible applicant based upon each
applicant's proportionate share of the remaining unserved children necessary to
meet the statewide percentage benchmark in intermediate districts or consortia
of intermediate districts serving less than the statewide percentage benchmark.
When all applicants have been given the opportunity to reach the statewide
percentage benchmark, the statewide percentage benchmark may be reset, as
determined by the department, until greater equity of opportunity to serve
eligible children across all intermediate school districts has been achieved.
(5) For the purposes of subsection (4), for the 2018-2019 2019-2020 program year, the department
shall calculate a percentage of children served by each intermediate district
or consortium of intermediate districts by dividing the number of children
served in the immediately preceding year by that intermediate district or
consortium by the total number of children within the intermediate district or
consortium of intermediate districts who meet the criteria of section 32d as
determined by the department utilizing the most recent population data
available from the American Community Survey conducted by the United States Census
Bureau. The department shall compare the resulting percentage of eligible
children served to a statewide percentage benchmark to determine if the
intermediate district or consortium is eligible for additional funds under
subsection (4). For 2018-2019, 2019-2020,
the statewide percentage benchmark is 60%.
(6) If, taking into account the total amount to be allocated
to the applicant as calculated under this section, an applicant determines that
it is able to include additional eligible children in the great start readiness
program without additional funds under section 32d, the applicant may include
additional eligible children but shall not receive additional funding under
section 32d for those children.
(7) The department shall review the program components under
section 32d and under this section at least biennially. The department also
shall convene a committee of internal and external stakeholders at least once
every 5 years to ensure that the funding structure under this section reflects
current system needs under section 32d.
(8) As used in this section, "school-day program",
"GSRP/Head Start blended program", and "part-day program"
mean those terms as defined in section 32d.
Sec.
39a. (1) From the federal funds appropriated in section 11, there is allocated
for 2018-2019 2019-2020 to districts,
intermediate districts, and other eligible entities all available federal
funding, estimated at $730,600,000.00 $725,600,000.00 for the federal programs under the no child left
behind act of 2001, Public Law 107-110, or the every student succeeds act,
Public Law 114-95. These funds are allocated as follows:
(a)
An amount estimated at $1,200,000.00 for 2018-2019 2019-2020 to provide students
with drug- and violence-prevention programs and to implement strategies to
improve school safety, funded from DED-OESE, drug-free schools and communities
funds.
(b) An amount estimated at
$100,000,000.00 for 2018-2019
2019-2020 for the purpose of preparing, training, and recruiting
high-quality teachers and class size reduction, funded from DED-OESE, improving
teacher quality funds.
(c) An amount
estimated at $11,000,000.00 for 2018-2019 2019-2020 for programs to teach
English to limited English proficient (LEP) children, funded from DED-OESE,
language acquisition state grant funds.
(d) An amount
estimated at $2,800,000.00 for 2018-2019 2019-2020 for rural and low income schools, funded from DED-OESE, rural
and low income school funds.
(e) An amount
estimated at $535,000,000.00 for 2018-2019 2019-2020 to provide supplemental programs to enable educationally
disadvantaged children to meet challenging academic standards, funded from
DED-OESE, title I, disadvantaged children funds.
(f) An amount
estimated at $9,200,000.00 for 2018-2019 2019-2020 for the purpose of
identifying and serving migrant children, funded from DED-OESE, title I,
migrant education funds.
(g) An amount
estimated at $39,000,000.00 for 2018-2019 2019-2020 for the purpose of providing high-quality extended learning
opportunities, after school and during the summer, for children in
low-performing schools, funded from DED-OESE, twenty-first century community
learning center funds.
(h) An amount
estimated at $12,000,000.00 for 2018-2019 2019-2020 to help support local school improvement efforts, funded from
DED-OESE, title I, local school improvement grants.
(i) An amount
estimated at $15,400,000.00 for 2018-2019 2019-2020 to improve the academic achievement of students, funded from
DED-OESE, title IV, student support and academic enrichment grants.
(j) An amount
estimated at $5,000,000.00 for 2018-2019 for the remaining balance of the
amount appropriated under the former section 32r, for federal funding awarded
to this state under sections 14005, 14006, and 14013 of title XIV of the
American recovery and reinvestment act of 2009, Public Law 111-5, for the race
to the top early learning challenge grant.
(2) From the federal
funds appropriated in section 11, there is allocated for 2018-2019 2019-2020 to districts, intermediate districts, and other eligible
entities all available federal funding, estimated at $51,200,000.00 $49,100,000.00 for 2018-2019 2019-2020 for the following programs that are funded by federal grants:
(a) An amount
estimated at $100,000.00 for 2018-2019 2019-2020 for acquired immunodeficiency
syndrome education grants, funded from HHS - Centers for Disease Control and
Prevention, AIDS funding.
(b) An amount
estimated at $1,900,000.00 for 2018-2019 2019-2020 to provide services to homeless children and youth, funded from
DED-OVAE, homeless children and youth funds.
(c) An amount
estimated at $4,000,000.00 for 2018-2019 2019-2020
to provide mental health, substance abuse, or
violence prevention services to students, funded from HHS-SAMHSA.
(d) An amount
estimated at $24,000,000.00 for 2018-2019 2019-2020 for providing career and technical education services to pupils,
funded from DED-OVAE, basic grants to states.
(e) An amount
estimated at $14,000,000.00 for 2018-2019 2019-2020 for the Michigan charter school subgrant program, funded from
DED-OII, public charter schools program funds.
(f) An amount
estimated at $7,200,000.00 $5,100,000.00
for 2018-2019 2019-2020 for the purpose of promoting and expanding high-quality
preschool services, funded from HHS-OCC, preschool development funds.
(3) All federal funds
allocated under this section shall be distributed in accordance with federal
law and with flexibility provisions outlined in Public Law 107-116, and in the
education flexibility partnership act of 1999, Public Law 106-25. Notwithstanding
section 17b, payments of federal funds to districts, intermediate districts,
and other eligible entities under this section shall be paid on a schedule
determined by the department.
(4) For the purposes
of applying for federal grants appropriated under this article, the department
shall allow an intermediate district to submit a consortium application on
behalf of 2 or more districts with the agreement of those districts as
appropriate according to federal rules and guidelines.
(5) For the purposes
of funding federal title I grants under this article, in addition to any other
federal grants for which a strict discipline academy is eligible, the
department shall allocate to strict discipline academies out of title I, part A
funds equal to what a strict discipline academy would have received if included
and calculated under title I, part D, or what it would receive under the
formula allocation under title I, part A, whichever is greater.
(6) As used in this
section:
(a) “DED” means the
United States Department of Education.
(b) “DED-OESE” means
the DED Office of Elementary and Secondary Education.
(c) “DED-OII” means
the DED Office of Innovation and Improvement.
(d) “DED-OVAE” means
the DED Office of Vocational and Adult Education.
(e) “HHS” means the
United States Department of Health and Human Services.
(f) “HHS-OCC” means
the HHS Office of Child Care.
(g) “HHS-SAMHSA” means
the HHS Substance Abuse and Mental Health Services Administration.
Sec. 41. (1) For a district or public school academy to be
eligible to receive funding under this section, the district or public school
academy must administer to English language learners the English language
proficiency assessment known as the "WIDA ACCESS for English language
learners" or the "WIDA Alternate ACCESS". From the appropriation
in section 11, there is allocated an amount not to exceed $6,000,000.00 for 2018-2019
2019-2020 for payments to
eligible districts and eligible public school academies for services for
English language learners who have been administered the WIDA ACCESS for
English language learners.
(2) Funding allocated under this section shall be distributed
to eligible districts and eligible public school academies based on the number
of full-time equivalent English language learners as follows:
(a) $620.00 per full-time equivalent English language learner
who has been assessed under the WIDA ACCESS for English language learners or
the WIDA Alternate ACCESS with a WIDA ACCESS or WIDA Alternate ACCESS composite
score between 1.0 and 1.9, or less, as applicable to each assessment.
(b) $410.00 per full-time equivalent English language learner
who has been assessed under the WIDA ACCESS for English language learners or
the WIDA Alternate ACCESS with a WIDA ACCESS or WIDA Alternate ACCESS composite
score between 2.0 and 2.9, or less, as applicable to each assessment.
(3) If funds allocated under this section are insufficient to
fully fund the payments as prescribed under subsection (2), payments shall be
prorated on an equal percentage basis, with the same percentage proration
applied to both funding categories.
(4) Each district or public school academy receiving funds
under this section shall submit to the department by July 15 of each fiscal
year a report, not to exceed 10 pages, on the usage by the district or public
school academy of funds under this section, in a form and manner determined by
the department, which shall include a brief description of each program
conducted or services performed by the district or public school academy using
funds under this section and the amount of funds under this section allocated
to each of those programs or services. If a district or public school academy
does not comply with this section, the department shall withhold an amount
equal to the August payment due under this section until the district or public
school academy complies with this subsection. If the district or public school
academy does not comply with this section by the end of the state fiscal year,
the withheld funds shall be forfeited to the school aid fund.
(5) In order to receive funds under this section, a district
or public school academy shall allow access for the department or the
department's designee to audit all records related to the program for which it
receives those funds. The district or public school academy shall reimburse
this state for all disallowances found in the audit.
(6) Beginning July 1, 2020, and every 3 years thereafter, the
department shall review the per-pupil distribution under subsection (2), to
ensure that funding levels are appropriate and make recommendations for
adjustments to the members of the senate and house subcommittees on K-12 school
aid appropriations.
Sec. 51a. (1) From the appropriation in section 11, there
is allocated an amount not to exceed $960,446,100.00 for 2017-2018 and there
is allocated an amount not to exceed $983,196,100.00 $1,045,496,100.00 for 2018-2019 2019-2020 from state sources and all
available federal funding under sections 611 to 619 of part B of the
individuals with disabilities education act, 20 USC 1411 to 1419, estimated at
$370,000,000.00 each fiscal year for 2017-2018 and for 2018-2019 FOR 2019-2020, plus any carryover federal funds from previous year
appropriations. In addition, from the general fund appropriation in
section 11, there is allocated to the department an amount not to exceed
$500,000.00 for each fiscal year for 2017-2018 and for 2018-2019 2019-2020 for the purpose of subsection
(16). The allocations under this subsection are for the purpose of reimbursing
districts and intermediate districts for special education programs, services,
and special education personnel as prescribed in article 3 of the revised
school code, MCL 380.1701 to 380.1761; net tuition payments made by
intermediate districts to the Michigan Schools for the Deaf and Blind; and
special education programs and services for pupils who are eligible for special
education programs and services according to statute or rule. For meeting the
costs of special education programs and services not reimbursed under this
article, a district or intermediate district may use money in general funds or
special education funds, not otherwise restricted, or contributions from
districts to intermediate districts, tuition payments, gifts and contributions from
individuals or other entities, or federal funds that may be available for this
purpose, as determined by the intermediate district plan prepared pursuant to
article 3 of the revised school code, MCL 380.1701 to 380.1761. Notwithstanding
section 17b, payments of federal funds to districts, intermediate districts,
and other eligible entities under this section shall be paid on a schedule
determined by the department.
(2) From the funds allocated under subsection (1), there is
allocated the amount necessary, and estimated at $266,900,000.00 for
2017-2018 and estimated at $273,100,000.00 $297,800,000.00 for 2018-2019, 2019-2020, for
payments toward reimbursing districts and intermediate districts for 28.6138%
of total approved costs of special education, excluding costs reimbursed under
section 53a, and 70.4165% of total approved costs of special education
transportation. Allocations under this subsection shall be made as follows:
(a) The initial amount allocated to a district under this
subsection toward fulfilling the specified percentages shall be calculated by
multiplying the district's special education pupil membership, excluding pupils
described in subsection (11), times the foundation allowance under section 20
of the pupil's district of residence,
plus the amount of the district's per-pupil allocation under section 20m, not
to exceed the basic foundation allowance under section 20 for the current
fiscal year, or, for a special education pupil in membership in a district that
is a public school academy, times an amount equal to the amount per membership
pupil calculated under section 20(6). For an intermediate district, the amount
allocated under this subdivision toward fulfilling the specified percentages
shall be an amount per special education membership pupil, excluding pupils
described in subsection (11), and shall be calculated in the same manner as for
a district, using the foundation allowance under section 20 of the pupil's
district of residence, not to exceed the basic foundation allowance under
section 20 for the current fiscal year.,
and that district's per-pupil allocation under section 20m.
(b) After the allocations under subdivision (a), districts and
intermediate districts for which the payments calculated under subdivision (a)
do not fulfill the specified percentages shall be paid the amount necessary to
achieve the specified percentages for the district or intermediate district.
(3) From the funds allocated under subsection (1), there is
allocated for 2017-2018 an amount not to exceed $1,300,000.00 and there is
allocated 2019-2020 an amount
not to exceed $1,300,000.00 for 2018-2019 $1,000,000.00 to make payments to districts and intermediate
districts under this subsection. If the amount allocated to a district or
intermediate district for a fiscal year under subsection (2)(b) is less than
the sum of the amounts allocated to the district or intermediate district for
1996-97 under sections 52 and 58, there is allocated to the district or
intermediate district for the fiscal year an amount equal to that difference,
adjusted by applying the same proration factor that was used in the
distribution of funds under section 52 in 1996-97 as adjusted to the district's
or intermediate district's necessary costs of special education used in
calculations for the fiscal year. This adjustment is to reflect reductions in
special education program operations or services between 1996-97 and subsequent
fiscal years. Adjustments for reductions in special education program
operations or services shall be made in a manner determined by the department
and shall include adjustments for program or service shifts.
(4) If the department determines that the sum of the amounts
allocated for a fiscal year to a district or intermediate district under
subsection (2)(a) and (b) is not sufficient to fulfill the specified
percentages in subsection (2), then the shortfall shall be paid to the district
or intermediate district during the fiscal year beginning on the October 1
following the determination and payments under subsection (3) shall be adjusted
as necessary. If the department determines that the sum of the amounts
allocated for a fiscal year to a district or intermediate district under
subsection (2)(a) and (b) exceeds the sum of the amount necessary to fulfill
the specified percentages in subsection (2), then the department shall deduct
the amount of the excess from the district's or intermediate district's
payments under this article for the fiscal year beginning on the October 1
following the determination and payments under subsection (3) shall be adjusted
as necessary. However, if the amount allocated under subsection (2)(a) in
itself exceeds the amount necessary to fulfill the specified percentages in
subsection (2), there shall be no deduction under this subsection.
(5) State funds shall be allocated on a total approved cost
basis. Federal funds shall be allocated under applicable federal requirements,
except that an amount not to exceed $3,500,000.00 may be allocated by the
department each fiscal year for 2017-2018 and for 2018-2019 FOR 2019-2020 to districts,
intermediate districts, or other eligible entities on a competitive grant basis
for programs, equipment, and services that the department determines to be
designed to benefit or improve special education on a statewide scale.
(6) From the amount allocated in subsection (1), there is
allocated an amount not to exceed $2,200,000.00 each fiscal year for
2017-2018 and for 2018-2019 FOR
2019-2020 to reimburse 100% of the net increase in necessary costs incurred
by a district or intermediate district in implementing the revisions in the
administrative rules for special education that became effective on July 1,
1987. As used in this subsection, "net increase in necessary costs"
means the necessary additional costs incurred solely because of new or revised
requirements in the administrative rules minus cost savings permitted in
implementing the revised rules. Net increase in necessary costs shall be
determined in a manner specified by the department.
(7) For purposes of sections 51a to 58, all of the following
apply:
(a) "Total approved costs of special education"
shall be determined in a manner specified by the department and may include
indirect costs, but shall not exceed 115% of approved direct costs for section
52 and section 53a programs. The total approved costs include salary and other
compensation for all approved special education personnel for the program,
including payments for social security and Medicare and public school employee
retirement system contributions. The total approved costs do not include
salaries or other compensation paid to administrative personnel who are not
special education personnel as defined in section 6 of the revised school code,
MCL 380.6. Costs reimbursed by federal funds, other than those federal funds
included in the allocation made under this article, are not included. Special
education approved personnel not utilized full time in the evaluation of
students or in the delivery of special education programs, ancillary, and other
related services shall be reimbursed under this section only for that portion
of time actually spent providing these programs and services, with the
exception of special education programs and services provided to youth placed
in child caring institutions or juvenile detention programs approved by the
department to provide an on-grounds education program.
(b) Beginning with the 2004-2005 fiscal year, a district or
intermediate district that employed special education support services staff to
provide special education support services in 2003-2004 or in a subsequent
fiscal year and that in a fiscal year after 2003-2004 receives the same type of
support services from another district or intermediate district shall report
the cost of those support services for special education reimbursement purposes
under this article. This subdivision does not prohibit the transfer of special
education classroom teachers and special education classroom aides if the
pupils counted in membership associated with those special education classroom
teachers and special education classroom aides are transferred and counted in
membership in the other district or intermediate district in conjunction with
the transfer of those teachers and aides.
(c) If the department determines before bookclosing for a
fiscal year that the amounts allocated for that fiscal year under subsections
(2), (3), (6), and (11) and sections 53a, 54, and 56 will exceed expenditures
for that fiscal year under subsections (2), (3), (6), and (11) and sections 53a,
54, and 56, then for a district or intermediate district whose reimbursement
for that fiscal year would otherwise be affected by subdivision (b),
subdivision (b) does not apply to the calculation of the reimbursement for that
district or intermediate district and reimbursement for that district or
intermediate district shall be calculated in the same manner as it was for
2003-2004. If the amount of the excess allocations under subsections (2), (3),
(6), and (11) and sections 53a, 54, and 56 is not sufficient to fully fund the
calculation of reimbursement to those districts and intermediate districts
under this subdivision, then the calculations and resulting reimbursement under
this subdivision shall be prorated on an equal percentage basis. Beginning in
2015-2016, the amount of reimbursement under this subdivision for a fiscal year
shall not exceed $2,000,000.00 for any district or intermediate district.
(d) Reimbursement for ancillary and other related services, as
defined by R 340.1701c of the Michigan Administrative Code, shall not be
provided when those services are covered by and available through private group
health insurance carriers or federal reimbursed program sources unless the
department and district or intermediate district agree otherwise and that
agreement is approved by the state budget director. Expenses, other than the
incidental expense of filing, shall not be borne by the parent. In addition,
the filing of claims shall not delay the education of a pupil. A district or
intermediate district shall be responsible for payment of a deductible amount
and for an advance payment required until the time a claim is paid.
(e) Beginning with calculations for 2004-2005, if an
intermediate district purchases a special education pupil transportation
service from a constituent district that was previously purchased from a
private entity; if the purchase from the constituent district is at a lower
cost, adjusted for changes in fuel costs; and if the cost shift from the
intermediate district to the constituent does not result in any net change in
the revenue the constituent district receives from payments under sections 22b
and 51c, then upon application by the intermediate district, the department
shall direct the intermediate district to continue to report the cost
associated with the specific identified special education pupil transportation
service and shall adjust the costs reported by the constituent district to
remove the cost associated with that specific service.
(8) A pupil who is enrolled in a full-time special education
program conducted or administered by an intermediate district or a pupil who is
enrolled in the Michigan schools for the deaf and blind shall not be included
in the membership count of a district, but shall be counted in membership in
the intermediate district of residence.
(9) Special education personnel transferred from 1 district to
another to implement the revised school code shall be entitled to the rights,
benefits, and tenure to which the person would otherwise be entitled had that
person been employed by the receiving district originally.
(10) If a district or intermediate district uses money
received under this section for a purpose other than the purpose or purposes
for which the money is allocated, the department may require the district or
intermediate district to refund the amount of money received. Money that is
refunded shall be deposited in the state treasury to the credit of the state
school aid fund.
(11) From the funds allocated in subsection (1), there is allocated
the amount necessary, estimated at $3,200,000.00 for 2017-2018, and
estimated at $3,400,000.00 $2,800,000.00
for 2018-2019 2019-2020, to pay the foundation
allowances for pupils described in this subsection. The allocation to a
district under this subsection shall be calculated by multiplying the number of
pupils described in this subsection who are counted in membership in the
district times the sum of the foundation allowance under section 20 of the
pupil's district of residence, plus
the amount of the district's per-pupil allocation under section 20m, not to
exceed the basic foundation allowance under section 20 for the current fiscal
year, or, for a pupil described in this subsection who is counted in membership
in a district that is a public school academy, times an amount equal to the
amount per membership pupil under section 20(6). or, for a pupil described in this subsection who is counted in
membership in the education achievement system, times an amount equal to the
amount per membership pupil under section 20(7). The allocation to an
intermediate district under this subsection shall be calculated in the same
manner as for a district, using the foundation allowance under section 20 of
the pupil's district of residence, not to exceed the basic foundation allowance
under section 20 for the current fiscal year., and that district's per-pupil allocation under section 20m.
This subsection applies to all of the following pupils:
(a) Pupils described in section 53a.
(b) Pupils counted in membership in an intermediate district
who are not special education pupils and are served by the intermediate
district in a juvenile detention or child caring facility.
(c) Pupils with an emotional impairment counted in membership
by an intermediate district and provided educational services by the department
of health and human services.
(12) If it is determined that funds allocated under subsection
(2) or (11) or under section 51c will not be expended, funds up to the amount
necessary and available may be used to supplement the allocations under
subsection (2) or (11) or under section 51c in order to fully fund those
allocations. After payments under subsections (2) and (11) and section 51c, the
remaining expenditures from the allocation in subsection (1) shall be made in
the following order:
(a) 100% of the reimbursement required under section 53a.
(b) 100% of the reimbursement required under subsection (6).
(c) 100% of the payment required under section 54.
(d) 100% of the payment required under subsection (3).
(e) 100% of the payments under section 56.
(13) The allocations under subsections (2), (3), and (11)
shall be allocations to intermediate districts only and shall not be
allocations to districts, but instead shall be calculations used only to
determine the state payments under section 22b.
(14) If a public school academy that is not a cyber school, as
defined in section 551 of the revised school code, MCL 380.551, enrolls under
this section a pupil who resides outside of the intermediate district in which
the public school academy is located and who is eligible for special education
programs and services according to statute or rule, or who is a child with
disabilities, as defined under the individuals with disabilities education act,
Public Law 108-446, the intermediate district in which the public school
academy is located and the public school academy shall enter into a written
agreement with the intermediate district in which the pupil resides for the
purpose of providing the pupil with a free appropriate public education, and
the written agreement shall include at least an agreement on the responsibility
for the payment of the added costs of special education programs and services
for the pupil. If the public school academy that enrolls the pupil does not
enter into an agreement under this subsection, the public school academy shall
not charge the pupil's resident intermediate district or the intermediate
district in which the public school academy is located the added costs of
special education programs and services for the pupil, and the public school
academy is not eligible for any payouts based on the funding formula outlined
in the resident or nonresident intermediate district's plan. If a pupil is not
enrolled in a public school academy under this subsection, the provision of
special education programs and services and the payment of the added costs of
special education programs and services for a pupil described in this
subsection are the responsibility of the district and intermediate district in
which the pupil resides.
(15) For the purpose of receiving its federal allocation under
part B of the individuals with disabilities education act, Public Law 108-446,
a public school academy that is a cyber school, as defined in section 551 of
the revised school code, MCL 380.551, and is in compliance with section 553a of
the revised school code, MCL 380.553a, shall directly receive the federal
allocation under part B of the individuals with disabilities education act,
Public Law 108-446, from the intermediate district in which the cyber school is
located, as the subrecipient. If the intermediate district does not distribute
the funds described in this subsection to the cyber school by the part B
application due date of July 1, the department may distribute the funds
described in this subsection directly to the cyber school according to the
formula prescribed in 34 CFR 300.705 and 34 CFR 300.816.
(16) For a public school academy that is a cyber school, as
defined in section 551 of the revised school code, MCL 380.551, and is in
compliance with section 553a of the revised school code, MCL 380.553a, that
enrolls a pupil under this section, the intermediate district in which the
cyber school is located shall ensure that the cyber school complies with sections
1701a, 1703, 1704, 1751, 1752, 1756, and 1757 of the revised school code, MCL
380.1701a, 380.1703, 380.1704, 380.1751, 380.1752, 380.1756, and 380.1757;
applicable rules; and the individuals with disabilities education act, Public
Law 108-446. From the general fund appropriation under subsection (1),
the department shall provide appropriate administrative funding to the
intermediate district in which that cyber school is located for the purpose of
ensuring that compliance.
(17) For the purposes of this section, the department or the
center shall only require a district or intermediate district to report
information that is not already available from the financial information
database maintained by the center.
Sec. 51c. As required by the court in the consolidated cases
known as Durant v State of Michigan, 456 Mich 175 (1997), from the allocation
under section 51a(1), there is allocated each fiscal year for 2017-2018 and for
2018-2019 2019-2020 the
amount necessary, estimated at $636,900,000.00 for 2017-2018 and
$651,000,000.00 for 2018-2019 $689,500,000.00 for payments to
reimburse districts for 28.6138% of total approved costs of special education
excluding costs reimbursed under section 53a, and 70.4165% of total approved
costs of special education transportation. Funds allocated under this section
that are not expended in the state fiscal year for which they were allocated,
as determined by the department, may be used to supplement the allocations
under sections 22a and 22b in order to fully fund those calculated allocations
for the same fiscal year.
Sec. 51d. (1) From the federal funds appropriated in section
11, there is allocated for 2018-2019 2019-2020 all available federal funding, estimated at
$61,000,000.00, for special
education programs and services that are funded by federal grants. All federal
funds allocated under this section shall be distributed in accordance with
federal law. Notwithstanding section 17b, payments of federal funds to
districts, intermediate districts, and other eligible entities under this
section shall be paid on a schedule determined by the department.
(2) From the federal funds allocated under subsection (1), the
following amounts are allocated for 2018-2019: 2019-2020:
(a) An amount estimated at $14,000,000.00 for handicapped
infants and toddlers, funded from DED-OSERS, handicapped infants and toddlers
funds.
(b) An amount estimated at $12,000,000.00 for preschool grants
(Public Law 94-142), funded from DED-OSERS, handicapped preschool incentive
funds.
(c) An amount estimated at $35,000,000.00 for special
education programs funded by DED-OSERS, handicapped program, individuals with
disabilities act funds.
(3) As used in this section, "DED-OSERS" means the
United States Department of Education Office of Special Education and
Rehabilitative Services.
Sec. 53a. (1) For districts, reimbursement for pupils
described in subsection (2) shall be 100% of the total approved costs of
operating special education programs and services approved by the department
and included in the intermediate district plan adopted pursuant to article 3 of
the revised school code, MCL 380.1701 to 380.1761, minus the district's
foundation allowance calculated under section 20. and minus the district's per-pupil allocation under section
20m. For intermediate districts, reimbursement for pupils described in
subsection (2) shall be calculated in the same manner as for a district, using
the foundation allowance under section 20 of the pupil's district of residence,
not to exceed the basic foundation allowance under section 20 for the current
fiscal year. , and that
district's per-pupil allocation under section 20m.
(2) Reimbursement under subsection (1) is for the following
special education pupils:
(a) Pupils assigned to a district or intermediate district
through the community placement program of the courts or a state agency, if the
pupil was a resident of another intermediate district at the time the pupil
came under the jurisdiction of the court or a state agency.
(b) Pupils who are residents of institutions operated by the
department of health and human services.
(c) Pupils who are former residents of department of community
health institutions for the developmentally disabled who are placed in
community settings other than the pupil's home.
(d) Pupils enrolled in a department-approved on-grounds
educational program longer than 180 days, but not longer than 233 days, at a
residential child care institution, if the child care institution offered in
1991-92 an on-grounds educational program longer than 180 days but not longer
than 233 days.
(e) Pupils placed in a district by a parent for the purpose of
seeking a suitable home, if the parent does not reside in the same intermediate
district as the district in which the pupil is placed.
(3) Only those costs that are clearly and directly
attributable to educational programs for pupils described in subsection (2),
and that would not have been incurred if the pupils were not being educated in
a district or intermediate district, are reimbursable under this section.
(4) The costs of transportation shall be funded under this
section and shall not be reimbursed under section 58.
(5) Not more than $10,500,000.00 of the allocation for 2018-2019
2019-2020 in section 51a(1)
shall be allocated under this section.
Sec. 54. Each intermediate district shall receive an amount
per-pupil for each pupil in attendance at the Michigan schools for the deaf and
blind. The amount shall be proportionate to the total instructional cost at
each school. Not more than $1,688,000.00 of the allocation for 2018-2019 2019-2020 in section 51a(1) shall be
allocated under this section.
Sec. 54b. (1) From the general fund appropriation in
section 11, there is allocated an amount not to exceed $1,600,000.00 for 2018-2019
2019-2020 to continue the
implementation of the recommendations of the special education reform task
force published in January 2016.
(2) The department shall use funds allocated under this
section for the purpose of piloting statewide implementation of the Michigan
Integrated Behavior and Learning Support Initiative (MiBLSI), a nationally
recognized program that includes positive behavioral intervention and supports
and provides a statewide structure to support local initiatives for an
integrated behavior and reading program. With the assistance of the
intermediate districts involved in MiBLSI, the department shall identify a
number of intermediate districts to participate in the pilot that is sufficient
to ensure that MiBLSI can be implemented statewide with fidelity and
sustainability. In addition, the department shall identify an intermediate
district to act as a fiscal agent for these funds.
Sec. 54d. (1) From the appropriations in section 11, there is
allocated an amount not to exceed $5,000,000.00 for 2018-2019 2019-2020 to intermediate districts for
the purpose of providing state early on services pilot programs for children
from birth to 3 years of age with a developmental delay or a disability, or
both, and their families, as described in the early on Michigan state plan, as
approved by the department.
(2) To be eligible to receive grant funding under this
section, each intermediate district shall apply in a form and manner determined
by the department.
(3) The grant funding allocated under this section shall be
used to increase early on services and resources available to children that
demonstrate developmental delays to help prepare them for success as they enter
school. State early on services include evaluating and providing early
intervention services for eligible infants and toddlers and their families to
address developmental delays, including those affecting physical, cognitive,
communication, adaptive, social, or emotional development. Grant funds must not
be used to supplant existing services that are currently being provided.
(4) The funds allocated under subsection (1) shall be
distributed to intermediate districts according to the department's early on
funding formula utilized to distribute the federal award to Michigan under part
C of the individuals with disabilities education act. Funds received under this
section must not supplant existing funds or resources allocated for early on
early intervention services. An intermediate district receiving funds under
this section shall maximize the capture of Medicaid funds to support early on
early intervention services to the extent possible.
(5) Each intermediate district that receives funds under this
section shall report data and other information to the department in a form,
manner, and frequency prescribed by the department to allow for monitoring and
evaluation of the pilot projects and to ensure that the children described in
subsection (1) received appropriate levels and types of services delivered by
qualified personnel, based on the individual needs of the children and their
families.
(6) Notwithstanding section 17b, payments under this section
shall be paid on a schedule determined by the department.
Sec. 56. (1) For the purposes of this
section:
(a)
"Membership" means for a particular fiscal year the total membership
for the immediately preceding fiscal year of the intermediate district and the
districts constituent to the intermediate district.
(b) "Millage
levied" means the millage levied for special education pursuant to part 30
of the revised school code, MCL 380.1711 to 380.1741, including a levy for debt
service obligations.
(c) "Taxable
value" means the total taxable value of the districts constituent to an
intermediate district, except that if a district has elected not to come under
part 30 of the revised school code, MCL 380.1711 to 380.1741, membership and
taxable value of the district shall not be included in the membership and
taxable value of the intermediate district.
(2) From the
allocation under section 51a(1), there is allocated an amount not to exceed $37,758,100.00
for 2017-2018 and an amount not to exceed $40,008,100.00 for 2018-2019 2019-2020 to reimburse intermediate
districts levying millages for special education pursuant to part 30 of the
revised school code, MCL 380.1711 to 380.1741. The purpose, use, and
expenditure of the reimbursement shall be limited as if the funds were
generated by these millages and governed by the intermediate district plan
adopted pursuant to article 3 of the revised school code, MCL 380.1701 to
380.1761. As a condition of receiving funds under this section, an intermediate
district distributing any portion of special education millage funds to its
constituent districts shall submit for departmental approval and implement a
distribution plan.
(3) Reimbursement
for those millages levied in 2016-2017 shall be made in 2017-2018 at an amount
per 2016-2017 membership pupil computed by subtracting from $185,000.00 the
2016-2017 taxable value behind each
membership pupil and multiplying the resulting difference by the 2016-2017 millage levied, and then subtracting
from that amount the 2016-2017 local
community stabilization share revenue for special education purposes behind
each membership pupil for reimbursement of personal property exemption loss
under the local community stabilization authority act, 2014 PA 86, MCL 123.1341
to 123.1362.
(3) (4) Except as otherwise provided in this subsection,
reimbursement for those millages levied in 2017-2018 2018-2019 shall be made in 2018-2019
2019-2020 at an amount per 2017-2018
2018-2019 membership pupil
computed by subtracting from $193,700.00 $197,700.00 the 2017-2018 2018-2019 taxable value behind each membership pupil and
multiplying the resulting difference by the 2017-2018 2018-2019 millage levied, and then
subtracting from that amount the 2017-2018 2018-2019 local community stabilization share revenue for special
education purposes behind each membership pupil for reimbursement of personal
property exemption loss under the local community stabilization authority act,
2014 PA 86, MCL 123.1341 to 123.1362. Reimbursement in 2018-2019 2019-2020 for an intermediate district
whose 2017-2018 2018-2019
allocation was affected by the operation of subsection (5) (4) shall be an amount equal to 102.5%
of the 2017-2018 2018-2019
allocation to that intermediate district.
(4) (5) The amount paid to a single intermediate district
under this section shall not exceed 62.9% of the total amount allocated under
subsection (2).
(5) (6) The amount paid to a single intermediate district
under this section shall not be less than 75% of the amount allocated to the
intermediate district under this section for the immediately preceding fiscal
year.
Sec. 61a. (1) From the appropriation in section 11, there is
allocated an amount not to exceed $36,611,300.00 for 2018-2019 2019-2020 to reimburse on an added cost
basis districts, except for a district that served as the fiscal agent for a
vocational education consortium in the 1993-94 school year and that has a
foundation allowance as calculated under section 20 greater than the minimum
foundation allowance under that section, and secondary area
vocational-technical education centers for secondary-level career and technical
education programs according to rules approved by the superintendent.
Applications for participation in the programs shall be submitted in the form
prescribed by the department. The department shall determine the added cost for
each career and technical education program area. The allocation of added cost
funds shall be prioritized based on the capital and program expenditures needed
to operate the career and technical education programs provided; the number of
pupils enrolled; the advancement of pupils through the instructional program;
the existence of an articulation agreement with at least 1 postsecondary
institution that provides pupils with opportunities to earn postsecondary
credit during the pupil's participation in the career and technical education
program and transfers those credits to the postsecondary institution upon
completion of the career and technical education program; and the program rank
in student placement, job openings, and wages, and shall not exceed 75% of the
added cost of any program. Notwithstanding any rule or department determination
to the contrary, when determining a district's allocation or the formula for
making allocations under this section, the department shall include the
participation of pupils in grade 9 in all of those determinations and in all
portions of the formula. With the approval of the department, the board of a
district maintaining a secondary career and technical education program may
offer the program for the period from the close of the school year until
September 1. The program shall use existing facilities and shall be operated as
prescribed by rules promulgated by the superintendent.
(2) Except for a district that served as the fiscal agent for
a vocational education consortium in the 1993-94 school year, districts and
intermediate districts shall be reimbursed for local career and technical
education administration, shared time career and technical education
administration, and career education planning district career and technical
education administration. The definition of what constitutes administration and
reimbursement shall be pursuant to guidelines adopted by the superintendent.
Not more than $800,000.00 of the allocation in subsection (1) shall be
distributed under this subsection.
(3) A career and technical education program funded under this
section may provide an opportunity for participants who are eligible to be
funded under section 107 to enroll in the career and technical education
program funded under this section if the participation does not occur during
regular school hours.
(4) In addition to the money allocated under subsections
(1) and (5), from the general fund money appropriated in section 11, there is
allocated for 2018-2019 an amount not to exceed $100,000.00 to an eligible
Michigan-approved 501(c)(3) organization for the purposes of teaching or
training restaurant management and culinary arts for career and professional
development. The department shall oversee funds distributed to an eligible
grantee under this section. As used in this subsection, "eligible
Michigan-approved 501(c)(3) organization" means an organization that is
exempt from taxation under section 501(c)(3) of the internal revenue code of
1986, 26 USC 501, that provides the ProStart curriculum and training to
state-approved career and technical education programs with classification of
instructional programs (CIP) codes in the 12.05xx category, and that
administers national certification for the purpose of restaurant management and
culinary arts for career and professional development.
(5) In addition to the funds allocated under subsections
(1) and (4), from the funds appropriated in section 11, there is allocated for
2018-2019 an amount not to exceed $1,000,000.00 for competitive grants to
intermediate districts to hire career and technical education counselors. All
of the following apply to this funding:
(a) An intermediate district seeking a grant under this
subsection shall apply to the department in a form and manner specified by the
department.
(b) The department shall award grants under this subsection
to no more than 3 intermediate districts that received funding under this
subsection in 2017-2018.
(c) To be eligible for funding under this subsection, an
intermediate district shall do all of the following:
(i) Catalog all
available K-12 and other workforce development programs and services, including
job search, job training, pre-employment certifications, career awareness
programs, career and technical education programs, and other related programs
and services offered by districts or intermediate districts, postsecondary
institutions, and other private or public service organizations.
(ii) Develop an
outreach program that educates students about career and technical education
options and connects students to the services cataloged under subparagraph (i).
(iii) Track student
placement and report on student placement to the house and senate
appropriations subcommittees on school aid no later than June 30, 2019 in the
form and manner prescribed by the department.
Sec. 61b. (1) From the appropriation in section 11, there is
allocated an amount not to exceed $8,000,000.00 each fiscal year for
2017-2018 and for 2018-2019 for FISCAL
YEAR 2019-2020 FOR CTE early/middle college and CTE dual enrollment
programs authorized under this section and for planning grants for the development
or expansion of CTE early/middle college programs. The purpose of these
programs is to increase the number of Michigan residents with high-quality
degrees or credentials, and to increase the number of students who are college
and career ready upon high school graduation.
(2) From the funds allocated under subsection (1), an amount
as determined under this subsection shall be allocated to each intermediate
district serving as a fiscal agent for state-approved CTE early/middle college
and CTE dual enrollment programs in each of the prosperity regions and
subregions identified by the department. An intermediate district shall not use
more than 5% of the funds allocated under this subsection for administrative
costs for serving as the fiscal agent.
(3) To be an eligible fiscal agent, an intermediate district
must agree to do all of the following in a form and manner determined by the
department:
(a) Distribute funds to eligible CTE early/middle college and
CTE dual enrollment programs in a prosperity region or subregion as described
in this section.
(b) Collaborate with the career and educational advisory
council that is located in the prosperity region or subregion to develop a
regional strategic plan under subsection (4) that aligns CTE programs and services
into an efficient and effective delivery system for high school students.
(c) Implement a regional process to rank career clusters in
the prosperity region or subregion as described under subsection (4). Regional
processes shall be approved by the department before the ranking of career
clusters.
(d) Report CTE early/middle college and CTE dual enrollment
program and student data and information as prescribed by the department and
the center.
(4) A regional strategic plan must be approved by the career
and educational advisory council before submission to the department. A
regional strategic plan shall include, but not be limited to, the following:
(a) An identification of regional employer need based on a
ranking of all career clusters in the prosperity region or subregion ranked by
10-year job openings projections and median wage for each standard occupational
code in each career cluster as obtained from the United States Bureau of Labor
Statistics. Standard occupational codes within high-ranking clusters also may
be further ranked by median wage. The rankings shall be reviewed by the career
and educational advisory council located in the prosperity region or subregion
and modified if necessary to accurately reflect employer demand for talent in the
prosperity region or subregion. A career and educational advisory council shall
document that it has conducted this review and certify that it is accurate.
These career cluster rankings shall be determined and updated once every 4
years.
(b) An identification of educational entities in the
prosperity region or subregion that will provide eligible CTE early/middle
college and CTE dual enrollment programs including districts, intermediate
districts, postsecondary institutions, and noncredit occupational training
programs leading to an industry-recognized credential.
(c) A strategy to inform parents and students of CTE
early/middle college and CTE dual enrollment programs in the prosperity region
or subregion.
(d) Any other requirements as defined by the department.
(5) An eligible CTE program is a program that meets all of the
following:
(a) Has been identified in the highest 5 career cluster
rankings in any of the 10 regional strategic plans jointly approved by the
Michigan talent investment agency in the department of talent and economic
development and the department.
(b) Has a coherent sequence of courses that will allow a
student to earn a high school diploma and achieve at least 1 of the following
in a specific career cluster:
(i) An associate degree.
(ii) An
industry-recognized technical certification approved by the Michigan talent
investment agency in the department of talent and economic development.
(iii) Up to 60
transferable college credits.
(iv) Participation
in a registered apprenticeship, pre-apprenticeship, or apprentice readiness
program.
(c) Is aligned with the Michigan merit curriculum.
(d) Has an articulation agreement with at least 1
postsecondary institution that provides students with opportunities to receive
postsecondary credits during the student's participation in the CTE
early/middle college or CTE dual enrollment program and transfers those credits
to the postsecondary institution upon completion of the CTE early/middle
college or CTE dual enrollment program.
(e) Provides instruction that is supervised, directed, or
coordinated by an appropriately certificated CTE teacher or, for concurrent
enrollment courses, a postsecondary faculty member.
(f) Provides for highly integrated student support services
that include at least the following:
(i) Teachers as
academic advisors.
(ii) Supervised
course selection.
(iii) Monitoring of
student progress and completion.
(iv) Career planning
services provided by a local one-stop service center as described in the
Michigan Works! one-stop service center system act, 2006 PA 491, MCL 408.111 to
408.135, or by a high school counselor or advisor.
(g) Has courses that are taught on a college campus, are
college courses offered at the high school and taught by college faculty, or
are courses taught in combination with online instruction.
(6) Funds to eligible CTE early/middle college and CTE dual
enrollment programs shall be distributed as follows:
(a) The department shall determine statewide average CTE costs
per pupil for each CIP code program by calculating statewide average costs for
each CIP code program for the 3 most recent fiscal years.
(b) Distribution to each eligible CTE early/middle college or
CTE dual enrollment program shall be the product of 50% of CTE costs per pupil
times the current year pupil enrollment of each eligible CTE early/middle
college or CTE dual enrollment program.
(7) In order to receive funds under this section, a CTE
early/middle college or CTE dual enrollment program shall furnish to the
intermediate district that is the fiscal agent identified in subsection (2), in
a form and manner determined by the department, all information needed to
administer this program and meet federal reporting requirements; shall allow
the department or the department's designee to review all records related to
the program for which it receives funds; and shall reimburse the state for all
disallowances found in the review, as determined by the department.
(8) There is allocated from the funds under subsection (1) an
amount not to exceed $500,000.00 each fiscal year for 2017-2018 and for
2018-2019 FOR FISCAL YEAR 2019-2020
for grants to intermediate districts or consortia of intermediate districts for
the purpose of planning for new or expanded early middle college programs. Applications
for grants shall be submitted in a form and manner determined by the
department. The amount of a grant under this subsection shall not exceed
$50,000.00. To be eligible for a grant under this subsection, an intermediate
district or consortia of intermediate districts must provide matching funds
equal to the grant received under this subsection. Notwithstanding section 17b,
payments under this subsection may be made as determined by the department.
(9) Funds distributed under this section may be used to fund
program expenditures that would otherwise be paid from foundation allowances. A
program receiving funding under section 61a may receive funding under this
section for allowable costs that exceed the reimbursement the program received
under section 61a. The combined payments received by a program under section
61a and this section shall not exceed the total allowable costs of the program.
A program provider shall not use more than 5% of the funds allocated under this
section to the program for administrative costs.
(10) If the allocation under subsection (1) is insufficient to
fully fund payments as otherwise calculated under this section, the department
shall prorate payments under this section on an equal percentage basis.
(11) If pupils enrolled in a career cluster in an eligible CTE
early/middle college or CTE dual enrollment program qualify to be reimbursed
under this section, those pupils continue to qualify for reimbursement until
graduation, even if the career cluster is no longer identified as being in the
highest 5 career cluster rankings.
(12) As used in this section:
(a) "Allowable costs" means those costs directly
attributable to the program as jointly determined by the Michigan talent
investment agency and the department.
(b) "Career and educational advisory council" means
an advisory council to the local workforce development boards located in a
prosperity region consisting of educational, employer, labor, and parent
representatives.
(c) "CIP" means classification of instructional
programs.
(d) "CTE" means career and technical education
programs.
(e) "CTE dual enrollment program" means a 4-year
high school program of postsecondary courses offered by eligible postsecondary
educational institutions that leads to an industry-recognized certification or
degree.
(f) "Early/middle college program" means a 5-year
high school program.
(g) "Eligible postsecondary educational institution"
means that term as defined in section 3 of the career and technical preparation
act, 2000 PA 258, MCL 388.1903.
Sec. 62.(1) For the purposes of this
section:
(a)
"Membership" means for a particular fiscal year the total membership
for the immediately preceding fiscal year of the intermediate district and the
districts constituent to the intermediate district or the total membership for
the immediately preceding fiscal year of the area vocational-technical program.
(b) "Millage
levied" means the millage levied for area vocational-technical education
pursuant to sections 681 to 690 of the revised school code, MCL 380.681 to
380.690, including a levy for debt service obligations incurred as the result
of borrowing for capital outlay projects and in meeting capital projects fund
requirements of area vocational-technical education.
(c) "Taxable
value" means the total taxable value of the districts constituent to an
intermediate district or area vocational-technical education program, except
that if a district has elected not to come under sections 681 to 690 of the
revised school code, MCL 380.681 to 380.690, the membership and taxable value
of that district shall not be included in the membership and taxable value of
the intermediate district. However, the membership and taxable value of a
district that has elected not to come under sections 681 to 690 of the revised
school code, MCL 380.681 to 380.690, shall be included in the membership and
taxable value of the intermediate district if the district meets both of the
following:
(i) The district operates the area vocational-technical education
program pursuant to a contract with the intermediate district.
(ii) The district contributes an annual amount to the operation of
the program that is commensurate with the revenue that would have been raised
for operation of the program if millage were levied in the district for the
program under sections 681 to 690 of the revised school code, MCL 380.681 to
380.690.
(2) From the
appropriation in section 11, there is allocated an amount not to exceed
$9,190,000.00 each fiscal year for 2017-2018 and for 2018-2019 2019-2020 to reimburse intermediate
districts and area vocational-technical education programs established under
section 690(3) of the revised school code, MCL 380.690, levying millages for
area vocational-technical education pursuant to sections 681 to 690 of the
revised school code, MCL 380.681 to 380.690. The purpose, use, and expenditure
of the reimbursement shall be limited as if the funds were generated by those
millages.
(3) Reimbursement
for those millages levied in 2016-2017 shall be made in 2017-2018 at an amount
per 2016-2017 membership pupil computed by subtracting from $200,800.00 the
2016-2017 taxable value behind each membership pupil and multiplying the
resulting difference by the 2016-2017 millage levied, and then subtracting from
that amount the 2016-2017 local community stabilization share revenue for area
vocational technical education behind each membership pupil for reimbursement
of personal property exemption loss under the local community stabilization
authority act, 2014 PA 86, MCL 123.1341 to 123.1362.
(3) (4) Reimbursement for those millages levied in 2017-2018
2018-2019 shall be made in 2018-2019
2019-2020 at an amount per 2017-2018
2018-2019 membership pupil
computed by subtracting from $205,700.00 $210,600.00 the 2017-2018 2018-2019 taxable value behind each membership pupil and
multiplying the resulting difference by the 2017-2018 2018-2019 millage levied, and then
subtracting from that amount the 2017-2018 2018-2019 local community stabilization share revenue for area
vocational technical education behind each membership pupil for reimbursement
of personal property exemption loss under the local community stabilization
authority act, 2014 PA 86, MCL 123.1341 to 123.1362.
(4) (5) The amount paid to a single intermediate district
under this section shall not exceed 38.4% of the total amount allocated under
subsection (2).
(5) (6) The amount paid to a single intermediate district
under this section shall not be less than 75% of the amount allocated to the
intermediate district under this section for the immediately preceding fiscal
year.
Sec. 67. (1) From the general fund amount appropriated in section
11, there is allocated an amount not to exceed $3,000,000.00 for 2018-2019 2019-2020 for college access programs.
The programs funded under this section are intended to inform students of
college and career options and to provide resources intended to increase the
number of pupils who are adequately prepared with the information needed to
make informed decisions on college and career. The funds appropriated under
this section are intended to be used to increase the number of Michigan
residents with high-quality degrees or credentials. Funds appropriated under
this section shall not be used to supplant funding for counselors already funded
by districts.
(2) The talent investment agency of the department of talent
and economic development shall administer funds allocated under this section in
collaboration with the Michigan college access network. These funds may be used
for any of the following purposes:
(a) Michigan college access network operations, programming,
and services to local college access networks.
(b) Local college access networks, which are community-based
college access/success partnerships committed to increasing the college
participation and completion rates within geographically defined communities
through a coordinated strategy.
(c) The Michigan college advising program, a program intended
to place trained, recently graduated college advisors in high schools that
serve significant numbers of low-income and first-generation college-going
pupils. State funds used for this purpose may not exceed 33% of the total funds
available under this subsection.
(d) Subgrants of up to $5,000.00 to districts with
comprehensive high schools that establish a college access team and implement
specific strategies to create a college-going culture in a high school in a
form and manner approved by the Michigan college access network and the
Michigan talent investment agency.
(e) The Michigan college access portal, an online one-stop
portal to help pupils and families plan and apply for college.
(f) Public awareness and outreach campaigns to encourage
low-income and first-generation college-going pupils to take necessary steps
toward college and to assist pupils and families in completing a timely and
accurate free application for federal student aid.
(g) Subgrants to postsecondary institutions to recruit, hire,
and train college student mentors and college advisors to assist high school
pupils in navigating the postsecondary planning and enrollment process.
(3) For the purposes of this section, "college"
means any postsecondary educational opportunity that leads to a career,
including, but not limited to, a postsecondary degree, industry-recognized
technical certification, or registered apprenticeship.
Sec. 74. (1) From the amount appropriated in section 11, there
is allocated an amount not to exceed $3,754,900.00 $3,772,900.00 for 2018-2019 2019-2020 for the purposes of this section.
(2) From the allocation in subsection (1), there is allocated
for each fiscal year the amount necessary for payments to state supported
colleges or universities and intermediate districts providing school bus driver
safety instruction pursuant to section 51 of the pupil transportation act, 1990
PA 187, MCL 257.1851. The payments shall be in an amount determined by the
department not to exceed the actual cost of instruction and driver compensation
for each public or nonpublic school bus driver attending a course of
instruction. For the purpose of computing compensation, the hourly rate allowed
each school bus driver shall not exceed the hourly rate received for driving a
school bus. Reimbursement compensating the driver during the course of
instruction shall be made by the department to the college or university or
intermediate district providing the course of instruction.
(3) From the allocation in subsection (1), there is allocated
for 2018-2019 2019-2020 the
amount necessary to pay the reasonable costs of nonspecial education auxiliary
services transportation provided pursuant to section 1323 of the revised school
code, MCL 380.1323. Districts funded under this subsection shall not receive
funding under any other section of this article for nonspecial education auxiliary
services transportation.
(4) From the funds allocated in subsection (1), there is
allocated an amount not to exceed $1,729,900.00 $1,747,900.00 for 2018-2019 2019-2020 for reimbursement to districts and intermediate districts
for costs associated with the inspection of school buses and pupil
transportation vehicles by the department of state police as required under
section 715a of the Michigan vehicle code, 1949 PA 300, MCL 257.715a, and
section 39 of the pupil transportation act, 1990 PA 187, MCL 257.1839. The
department of state police shall prepare a statement of costs attributable to
each district for which bus inspections are provided and submit it to the
department and to an intermediate district serving as fiduciary in a time and
manner determined jointly by the department and the department of state police.
Upon review and approval of the statement of cost, the department shall forward
to the designated intermediate district serving as fiduciary the amount of the
reimbursement on behalf of each district and intermediate district for costs
detailed on the statement within 45 days after receipt of the statement. The
designated intermediate district shall make payment in the amount specified on
the statement to the department of state police within 45 days after receipt of
the statement. The total reimbursement of costs under this subsection shall not
exceed the amount allocated under this subsection. Notwithstanding section 17b,
payments to eligible entities under this subsection shall be paid on a schedule
prescribed by the department.
Sec. 81. (1) From the appropriation in section 11, there is
allocated for 2018-2019 2019-2020
to the intermediate districts the sum necessary, but not to exceed $68,453,000.00
$70,849,000.00 to provide state
aid to intermediate districts under this section.
(2) The amount allocated under this section to each
intermediate district is an amount equal to 102% 103.5% of the amount allocated to the intermediate district under
this section for 2017-2018. 2018-2019.
Funding provided under this section shall be used to comply with requirements
of this article and the revised school code that are applicable to intermediate
districts, and for which funding is not provided elsewhere in this article, and
to provide technical assistance to districts as authorized by the intermediate
school board.
(3) Intermediate districts receiving funds under this section,
shall collaborate with the department to develop expanded professional
development opportunities for teachers to update and expand their knowledge and
skills needed to support the Michigan merit curriculum.
(4) From the allocation in subsection (1), there is allocated
to an intermediate district, formed by the consolidation or annexation of 2 or
more intermediate districts or the attachment of a total intermediate district
to another intermediate school district or the annexation of all of the
constituent K-12 districts of a previously existing intermediate school
district which has disorganized, an additional allotment of $3,500.00 each
fiscal year for each intermediate district included in the new intermediate
district for 3 years following consolidation, annexation, or attachment.
(5) In order to receive funding under this section, an
intermediate district shall do all of the following:
(a) Demonstrate to the satisfaction of the department that the
intermediate district employs at least 1 person who is trained in pupil
accounting and auditing procedures, rules, and regulations.
(b) Demonstrate to the satisfaction of the department that the
intermediate district employs at least 1 person who is trained in rules,
regulations, and district reporting procedures for the individual-level student
data that serves as the basis for the calculation of the district and high school
graduation and dropout rates.
(c) Comply with sections 1278a and 1278b of the revised school
code, MCL 380.1278a and 380.1278b.
(d) Furnish data and other information required by state and
federal law to the center and the department in the form and manner specified
by the center or the department, as applicable.
(e) Comply with section 1230g of the revised school code, MCL
380.1230g.
(2) From the funds
allocated under this section, the department shall award funds to cover all or
part of the costs of advanced placement test fees or international
baccalaureate test fees and international baccalaureate registration fees for
low-income pupils who take an advanced placement or an international
baccalaureate test, and, beginning in 2018-2019, CLEP fees for
low-income pupils who take a CLEP test.
(a) Each pupil for whom payment is made meets eligibility
requirements of the federal advanced placement test fee program under section
1701 of the no child left behind act of 2001, Public Law 107-110, or under a
corresponding provision of the every student succeeds act, Public Law 114-95.
(b) The tests are administered by the college board, the
international baccalaureate organization, or another test provider approved by
the department.
(c) The pupil for whom
payment is made pays at least $5.00 toward the cost of each test for which
payment is made.
(4) The department
shall establish procedures for awarding funds under this section.
(5) Notwithstanding
section 17b, payments under this section shall be made on a schedule determined
by the department.
Sec. 94a. (1) There is created within the state budget office in
the department of technology, management, and budget the center for
educational performance and information. The center shall do all of the
following:
(a) Coordinate the collection of all data required by state
and federal law from districts, intermediate districts, and postsecondary
institutions.
(b) Create, maintain, and enhance this state's P-20
longitudinal data system and ensure that it meets the requirements of
subsection (4).
(c) Collect data in the most efficient manner possible in
order to reduce the administrative burden on reporting entities, including, but
not limited to, electronic transcript services.
(d) Create, maintain, and enhance this state's web-based
educational portal to provide information to school leaders, teachers,
researchers, and the public in compliance with all federal and state privacy
laws. Data shall include, but are not limited to, all of the following:
(i) Data sets that
link teachers to student information, allowing districts to assess individual
teacher impact on student performance and consider student growth factors in
teacher and principal evaluation systems.
(ii) Data access or,
if practical, data sets, provided for regional data hubs that, in combination
with local data, can improve teaching and learning in the classroom.
(iii) Research-ready
data sets for researchers to perform research that advances this state's
educational performance.
(e) Provide data in a useful manner to allow state and local
policymakers to make informed policy decisions.
(f) Provide public reports to the citizens RESIDENTS of this state to allow them
to assess allocation of resources and the return on their investment in the
education system of this state.
(g) Other functions as assigned by the state budget director.
(2) Each state department, officer, or agency that collects
information from districts, intermediate districts, or postsecondary
institutions as required under state or federal law shall make arrangements
with the center to ensure that the state department, officer, or agency is in
compliance with subsection (1). This subsection does not apply to information
collected by the department of treasury under the uniform budgeting and
accounting act, 1968 PA 2, MCL 141.421 to 141.440a; the revised municipal
finance act, 2001 PA 34, MCL 141.2101 to 141.2821; the school bond qualification,
approval, and loan act, 2005 PA 92, MCL 388.1921 to 388.1939; or section 1351a
of the revised school code, MCL 380.1351a.
(3) The center may enter into any interlocal agreements
necessary to fulfill its functions.
(4) The center shall ensure that the P-20 longitudinal data
system required under subsection (1)(b) meets all of the following:
(a) Includes data at the individual student level from
preschool through postsecondary education and into the workforce.
(b) Supports interoperability by using standard data
structures, data formats, and data definitions to ensure linkage and
connectivity in a manner that facilitates the exchange of data among agencies
and institutions within the state and between states.
(c) Enables the matching of individual teacher and student
records so that an individual student may be matched with those teachers
providing instruction to that student.
(d) Enables the matching of individual teachers with
information about their certification and the institutions that prepared and
recommended those teachers for state certification.
(e) Enables data to be easily generated for continuous
improvement and decision-making, including timely reporting to parents,
teachers, and school leaders on student achievement.
(f) Ensures the reasonable quality, validity, and reliability
of data contained in the system.
(g) Provides this state with the ability to meet federal and
state reporting requirements.
(h) For data elements related to preschool through grade 12
and postsecondary, meets all of the following:
(i) Contains a
unique statewide student identifier that does not permit a student to be
individually identified by users of the system, except as allowed by federal
and state law.
(ii) Contains
student-level enrollment, demographic, and program participation information.
(iii) Contains
student-level information about the points at which students exit, transfer in,
transfer out, drop out, or complete education programs.
(iv) Has the
capacity to communicate with higher education data systems.
(i) For data elements related to preschool through grade 12
only, meets all of the following:
(i) Contains yearly
test records of individual students for assessments approved by DED-OESE for
accountability purposes under section 1111(b) of the elementary and secondary
education act of 1965, 20 USC 6311, including information on individual
students not tested, by grade and subject.
(ii) Contains
student-level transcript information, including information on courses
completed and grades earned.
(iii) Contains
student-level college readiness test scores.
(j) For data elements related to postsecondary education only:
(i) Contains data
that provide information regarding the extent to which individual students
transition successfully from secondary school to postsecondary education,
including, but not limited to, all of the following:
(A) Enrollment in remedial coursework.
(B) Completion of 1 year's worth of college credit applicable
to a degree within 2 years of enrollment.
(ii) Contains data
that provide other information determined necessary to address alignment and
adequate preparation for success in postsecondary education.
(5) From the general fund appropriation in section 11, there
is allocated an amount not to exceed $16,356,700.00 $16,457,200.00 for 2018-2019 2019-2020 to the department of technology, management, and
budget to support the operations of the center. In addition, from the federal
funds appropriated in section 11, there is allocated for 2018-2019 2019-2020 the amount necessary,
estimated at $193,500.00, to support the operations of the center and to
establish a P-20 longitudinal data system necessary for state and federal
reporting purposes. The center shall cooperate with the department to ensure
that this state is in compliance with federal law and is maximizing
opportunities for increased federal funding to improve education in this state.
(6) From the funds allocated in subsection (5), the center may
use an amount determined by the center for competitive grants for 2018-2019 2019-2020 to support collaborative
efforts on the P-20 longitudinal data system. All of the following apply to
grants awarded under this subsection:
(a) The center shall award competitive grants to eligible
intermediate districts or a consortium of intermediate districts based on
criteria established by the center.
(b) Activities funded under the grant shall support the P-20
longitudinal data system portal and may include portal hosting, hardware and
software acquisition, maintenance, enhancements, user support and related
materials, and professional learning tools and activities aimed at improving
the utility of the P-20 longitudinal data system.
(c) An applicant that received a grant under this subsection
for the immediately preceding fiscal year shall receive priority for funding
under this section. However, after 3 fiscal years of continuous funding, an
applicant is required to compete openly with new applicants.
(7) Funds allocated under this section that are not expended
in the fiscal year in which they were allocated may be carried forward to a
subsequent fiscal year and are appropriated for the purposes for which the
funds were originally allocated.
(8) The center may bill departments as necessary in order to
fulfill reporting requirements of state and federal law. The center may also
enter into agreements to supply custom data, analysis, and reporting to other
principal executive departments, state agencies, local units of government, and
other individuals and organizations. The center may receive and expend funds in
addition to those authorized in subsection (5) to cover the costs associated
with salaries, benefits, supplies, materials, and equipment necessary to
provide such data, analysis, and reporting services.
(9) As used in this section:
(a) "DED-OESE" means the United States Department of
Education Office of Elementary and Secondary Education.
(b) "State education agency" means the department.
(2) The state
treasurer may receive money or other assets from any source for deposit into
the educator evaluation reserve fund. The state treasurer shall direct the
investment of the educator evaluation reserve fund. The state treasurer shall
credit to the educator evaluation reserve fund interest and earnings from the
educator evaluation reserve fund.
(3) Money in the
educator evaluation reserve fund at the close of the fiscal year shall remain
in the educator evaluation reserve fund and shall not lapse to the state
school aid fund. or to the
general fund. The department of treasury shall be the administrator of the
educator evaluation reserve fund for auditing purposes.
(4) From the
appropriations in section 11, there is allocated to the educator evaluation
reserve fund for 2014-2015 an amount not to exceed $12,100,000.00 from the
state school aid fund and an amount not to exceed $2,700,000.00 from the
general fund. Subject to subsections (5),
and (6), the department shall expend the money in the educator
evaluation reserve fund for implementing evaluation systems for public school
teachers and school administrators.
(5) Funds in the
educator evaluation reserve fund shall not be expended unless the state budget
office has approved the department's spending plan.
Sec. 98. (1) From the general fund money appropriated in section
11, there is allocated an amount not to exceed $7,387,500.00 for 2018-2019 2019-2020 for the purposes described in
this section. The Michigan Virtual University shall provide a report to the
legislature not later than November 1 of each year that includes its mission,
its plans, and proposed benchmarks it must meet, which shall include a plan to
achieve the organizational priorities identified in this section, in order to
receive full funding for 2019-2020. 2020-2021.
Not later than March 1 of each year, the Michigan Virtual University shall
provide an update to the house and senate appropriations subcommittees on
school aid to show the progress being made to meet the benchmarks identified.
(2) The Michigan Virtual University shall operate the Michigan
Virtual Learning Research Institute. The Michigan Virtual Learning Research
Institute shall do all of the following:
(a) Support and accelerate innovation in education through the
following activities:
(i) Test, evaluate,
and recommend as appropriate new technology-based instructional tools and
resources.
(ii) Research,
design, and recommend virtual education delivery models for use by pupils and
teachers that include age-appropriate multimedia instructional content.
(iii) Research,
develop, and recommend annually to the department criteria by which cyber
schools and virtual course providers should be monitored and evaluated to
ensure a quality education for their pupils.
(iv) Based on pupil
completion and performance data reported to the department or the center for
educational performance and information from cyber schools and other virtual
course providers operating in this state, analyze the effectiveness of virtual
learning delivery models in preparing pupils to be college- and career-ready
and publish a report that highlights enrollment totals, completion rates, and
the overall impact on pupils. The report shall be submitted to the house and
senate appropriations subcommittees on state school aid, the state budget
director, the house and senate fiscal agencies, the department, districts, and
intermediate districts not later than March 31 of each year.
(v) Provide an
extensive professional development program to at least 30,000 educational
personnel, including teachers, school administrators, and school board members,
that focuses on the effective integration of virtual learning into curricula
and instruction. The Michigan Virtual Learning Research Institute is encouraged
to work with the MiSTEM MISTEAM
advisory council created under section 99s to coordinate professional
development of teachers in applicable fields. In addition, the Michigan Virtual
Learning Research Institute and external stakeholders are encouraged to
coordinate with the department for professional development in this state. Not
later than December 1 of each year, the Michigan Virtual Learning Research
Institute shall submit a report to the house and senate appropriations
subcommittees on state school aid, the state budget director, the house and
senate fiscal agencies, and the department on the number of teachers, school
administrators, and school board members who have received professional
development services from the Michigan Virtual University. The report shall
also identify barriers and other opportunities to encourage the adoption of
virtual learning in the public education system.
(vi) Identify and
share best practices for planning, implementing, and evaluating virtual and blended
education delivery models with intermediate districts, districts, and public
school academies to accelerate the adoption of innovative education delivery
models statewide.
(b) Provide leadership for this state's system of virtual
learning education by doing the following activities:
(i) Develop and
report policy recommendations to the governor and the legislature that
accelerate the expansion of effective virtual learning in this state's schools.
(ii) Provide a
clearinghouse for research reports, academic studies, evaluations, and other
information related to virtual learning.
(iii) Promote and
distribute the most current instructional design standards and guidelines for
virtual teaching.
(iv) In
collaboration with the department and interested colleges and universities in
this state, support implementation and improvements related to effective
virtual learning instruction.
(v) Pursue
public/private partnerships that include districts to study and implement
competency-based technology-rich virtual learning models.
(vi) Create a
statewide network of school-based mentors serving as liaisons between pupils,
virtual instructors, parents, and school staff, as provided by the department
or the center, and provide mentors with research-based training and technical
assistance designed to help more pupils be successful virtual learners.
(vii) Convene focus
groups and conduct annual surveys of teachers, administrators, pupils, parents,
and others to identify barriers and opportunities related to virtual learning.
(viii) Produce an
annual consumer awareness report for schools and parents about effective
virtual education providers and education delivery models, performance data,
cost structures, and research trends.
(ix) Provide an
internet-based platform that educators can use to create student-centric
learning tools and resources for sharing in the state's open educational
resource repository and facilitate a user network that assists educators in
using the content creation platform and state repository for open educational
resources. As part of this initiative, the Michigan Virtual University shall
work collaboratively with districts and intermediate districts to establish a
plan to make available virtual resources that align to Michigan's K-12
curriculum standards for use by students, educators, and parents.
(x) Create and
maintain a public statewide catalog of virtual learning courses being offered
by all public schools and community colleges in this state. The Michigan
Virtual Learning Research Institute shall identify and develop a list of
nationally recognized best practices for virtual learning and use this list to
support reviews of virtual course vendors, courses, and instructional
practices. The Michigan Virtual Learning Research Institute shall also provide
a mechanism for intermediate districts to use the identified best practices to
review content offered by constituent districts. The Michigan Virtual Learning
Research Institute shall review the virtual course offerings of the Michigan
Virtual University, and make the results from these reviews available to the
public as part of the statewide catalog. The Michigan Virtual Learning Research
Institute shall ensure that the statewide catalog is made available to the
public on the Michigan Virtual University website and shall allow the ability
to link it to each district's website as provided for in section 21f. The
statewide catalog shall also contain all of the following:
(A) The number of enrollments in each virtual course in the
immediately preceding school year.
(B) The number of enrollments that earned 60% or more of the
total course points for each virtual course in the immediately preceding school
year.
(C) The pass rate for each virtual course.
(xi) Support
registration, payment services, and transcript functionality for the statewide
catalog and train key stakeholders on how to use new features.
(xii) Collaborate
with key stakeholders to examine district level accountability and teacher
effectiveness issues related to virtual learning under section 21f and make
findings and recommendations publicly available.
(xiii) Provide a
report on the activities of the Michigan Virtual Learning Research Institute.
(3) To further enhance its expertise and leadership in virtual
learning, the Michigan Virtual University shall continue to operate the
Michigan Virtual School as a statewide laboratory and quality model of
instruction by implementing virtual and blended learning solutions for Michigan
schools in accordance with the following parameters:
(a) The Michigan Virtual School must maintain its
accreditation status from recognized national and international accrediting
entities.
(b) The Michigan Virtual University shall use no more than
$1,000,000.00 of the amount allocated under this section to subsidize the cost
paid by districts for virtual courses.
(c) In providing educators responsible for the teaching of
virtual courses as provided for in this section, the Michigan Virtual School
shall follow the requirements to request and assess, and the department of
state police shall provide, a criminal history check and criminal records check
under sections 1230 and 1230a of the revised school code, MCL 380.1230 and
380.1230a, in the same manner as if the Michigan Virtual School were a school
district under those sections.
(4) From the funds allocated under subsection (1), the
Michigan Virtual University shall allocate up to $500,000.00 to support the
expansion of new online and blended educator professional development programs.
(5) If the course offerings are included in the statewide
catalog of virtual courses under subsection (2)(b)(x), the Michigan Virtual
School operated by the Michigan Virtual University may offer virtual course
offerings, including, but not limited to, all of the following:
(a) Information technology courses.
(b) College level equivalent courses, as defined in section
1471 of the revised school code, MCL 380.1471.
(c) Courses and dual enrollment opportunities.
(d) Programs and services for at-risk pupils.
(e) High school equivalency test preparation courses for
adjudicated youth.
(f) Special interest courses.
(g) Professional development programs for teachers, school
administrators, other school employees, and school board members.
(6) If a home-schooled or nonpublic school student is a
resident of a district that subscribes to services provided by the Michigan
Virtual School, the student may use the services provided by the Michigan
Virtual School to the district without charge to the student beyond what is
charged to a district pupil using the same services.
(7) Not later than December 1 of each fiscal year, the
Michigan Virtual University shall provide a report to the house and senate
appropriations subcommittees on state school aid, the state budget director,
the house and senate fiscal agencies, and the department that includes at least
all of the following information related to the Michigan Virtual School for the
preceding state fiscal year:
(a) A list of the districts served by the Michigan Virtual
School.
(b) A list of virtual course titles available to districts.
(c) The total number of virtual course enrollments and
information on registrations and completions by course.
(d) The overall course completion rate percentage.
(8) In addition to the information listed in subsection (7),
the report under subsection (7) shall also include a plan to serve at least 600
schools with courses from the Michigan Virtual School or with content available
through the internet-based platform identified in subsection (2)(b)(ix).
(9) The governor may appoint an advisory group for the
Michigan Virtual Learning Research Institute established under subsection (2).
The members of the advisory group shall serve at the pleasure of the governor
and shall serve without compensation. The purpose of the advisory group is to
make recommendations to the governor, the legislature, and the president and
board of the Michigan Virtual University that will accelerate innovation in
this state's education system in a manner that will prepare elementary and
secondary students to be career and college ready and that will promote the
goal of increasing the percentage of citizens RESIDENTS of this state with high-quality degrees and credentials
to at least 60% by 2025. 2030.
(10) Not later than November 1 of each year, the Michigan Virtual
University shall submit to the house and senate appropriations subcommittees on
state school aid, the state budget director, and the house and senate fiscal
agencies a detailed budget for that fiscal year that includes a breakdown on
its projected costs to deliver virtual educational services to districts and a
summary of the anticipated fees to be paid by districts for those services. Not
later than March 1 each year, the Michigan Virtual University shall submit to
the house and senate appropriations subcommittees on state school aid, the
state budget director, and the house and senate fiscal agencies a breakdown on
its actual costs to deliver virtual educational services to districts and a
summary of the actual fees paid by districts for those services based on
audited financial statements for the immediately preceding fiscal year.
(11) As used in this section:
(a) "Blended learning" means a hybrid instructional
delivery model where pupils are provided content, instruction, and assessment,
in part at a supervised educational facility away from home where the pupil and
a teacher with a valid Michigan teaching certificate are in the same physical
location and in part through internet-connected learning environments with some
degree of pupil control over time, location, and pace of instruction.
(b) "Cyber school" means a full-time instructional
program of virtual courses for pupils that may or may not require attendance at
a physical school location.
(c) "Virtual course" means a course of study that is
capable of generating a credit or a grade and that is provided in an
interactive learning environment in which the majority of the curriculum is
delivered using the internet and in which pupils are separated from their
instructor or teacher of record by time or location, or both.
Sec. 99h. (1) From the
state school aid fund appropriation in section 11, there is allocated an amount
not to exceed $3,000,000.00 for 2017-2018 and an amount not to exceed
$4,500,000.00 for 2018-2019 2019-2020
for competitive grants to districts and intermediate districts, and from the
general fund appropriation in section 11, there is allocated an amount not to
exceed $300,000.00 each fiscal year for 2017-2018 and for 2018-2019 for
competitive grants to nonpublic schools that provide pupils in grades K to
12 with expanded opportunities to improve mathematics, science, and technology
skills by participating in events hosted by a science and technology
development program known as FIRST (for inspiration and recognition of science
and technology) Robotics, including JR FIRST Lego League, FIRST Lego League,
FIRST Tech challenge, and FIRST Robotics competition, or, beginning in
2018-2019, other competitive robotics programs, including those hosted by
the Robotics Education and Competition (REC) Foundation. Programs funded under
this section are intended to increase the number of pupils demonstrating
proficiency in science and mathematics on the state assessments and to increase
the number of pupils who are college- and career-ready upon high school
graduation. Notwithstanding section 17b, grant payments to districts,
nonpublic schools, and intermediate districts under this section shall be
paid on a schedule determined by the department. The department shall set
maximum grant awards for each different level of competition in a manner that
both maximizes the number of teams that will be able to receive funds and
expands the geographical distribution of teams.
(2) A district, nonpublic school,
or intermediate district applying for a grant under this section shall submit
an application in a form and manner determined by the department. To be
eligible for a grant, a district, nonpublic school, or intermediate
district shall demonstrate in its application that the district, nonpublic
school, or intermediate district has established a partnership for the
purposes of the robotics program with at least 1 sponsor, business entity,
higher education institution, or technical school, shall submit a spending
plan, and shall pay at least 25% of the cost of the robotics program.
(3) The department
shall distribute the grant funding under this section for the following
purposes:
(a) Grants to
districts, nonpublic schools, or intermediate districts to pay for
stipends not to exceed $1,500.00 for 1 coach per team.
(b) Grants to
districts, nonpublic schools, or intermediate districts for event
registrations, materials, travel costs, and other expenses associated with the
preparation for and attendance at robotics events and competitions. Each grant
recipient shall provide a local match from other private or local funds for the
funds received under this subdivision equal to at least 50% of the costs of
participating in an event.
(c) Grants to
districts, nonpublic schools, or intermediate districts for awards to
teams that advance to the state and world championship competitions. The
department shall determine an equal amount per team for those teams that
advance to the state championship and a second equal award amount to those teams
that advance to the world championship.
(4) A nonpublic school
that receives a grant under this section may use the funds for either robotics
or Science Olympiad programs.
(5) To be eligible to
receive funds under this section, a nonpublic school must be a nonpublic school
registered with the department and must meet all applicable state reporting
requirements for nonpublic schools.
(6) The funds
allocated under this section for 2017-2018 are a work project appropriation,
and any unexpended funds for 2017-2018 are carried forward into 2018-2019. The
purpose of the work project is to continue support of FIRST Robotics and must
not be used to support other robotics competitions. The estimated completion
date of the work project is September 30, 2020.
Sec. 99s. (1) From the funds appropriated under section 11,
there is allocated for 2018-2019 2019-2020
an amount not to exceed $7,634,300.00 from the state school aid fund
appropriation and an amount not to exceed $300,000.00 from the general fund
appropriation for Michigan science, technology, ARTS, engineering, and mathematics (MiSTEM), (MISTEAM) programs. In addition, from
the federal funds appropriated in section 11, there is allocated for 2018-2019 2019-2020 THE AMOUNT
AVAILABLE, an amount estimated at $3,500,000.00 $235,000.00 from DED-OESE, title II,
mathematics and science partnership grants. THE MISTEAM NETWORK IS PERMITTED TO RECEIVE PRIVATE FUNDS AND SHALL
EXPEND THESE FUNDS IN ALIGNMENT WITH THE STATEWIDE STEAM STRATEGY. Programs
funded under this section are intended to increase the number of pupils
demonstrating proficiency in science and mathematics on the state assessments
and to increase the number of pupils who are college- and career-ready upon
high school graduation. Notwithstanding section 17b, payments under this
section shall be paid on a schedule determined by the department.
(2) All of the following apply to the MiSTEM MISTEAM advisory council:
(a) The MiSTEM MISTEAM
advisory council is created. The MiSTEM MISTEAM advisory council shall provide to the governor,
legislature, department of talent and economic development, and department
recommendations designed to improve and promote innovation in STEM STEAM education and to prepare students
for careers in science, technology, engineering, ARTS, and mathematics.
(b) The MiSTEM MISTEAM
advisory council created under subdivision (a) shall consist of the following
members:
(i) The governor
shall appoint 11 9 voting
members who are representative of business sectors that are important to Michigan's
economy and rely on a STEM-educated STEAM-EDUCATED
workforce, nonprofit organizations and associations that promote STEM STEAM education, K-12 and postsecondary
education entities involved in STEM-related STEAM-RELATED career education, or other sectors as considered
appropriate by the governor. IN
ADDITION, THE GOVERNOR SHALL APPOINT 2 VOTING MEMBERS FROM THE MEMBERSHIP OF
THE MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS. Each of these members
shall serve at the pleasure of the governor and for a term determined by the
governor.
(ii) The senate
majority leader shall appoint 2 members of the senate to serve as nonvoting,
ex-officio members of the MiSTEM MISTEAM
advisory council, including 1 majority party member and 1 minority party
member.
(iii) The speaker of
the house of representatives shall appoint 2 members of the house of
representatives to serve as nonvoting, ex-officio members of the MiSTEM MISTEAM advisory council, including 1
majority party member and 1 minority party member.
(IV) THE GOVERNOR SHALL APPOINT 1 EX-OFFICIO MEMBER TO THE MISTEAM
ADVISORY COUNCIL.
(c) Each member of the MiSTEM MISTEAM advisory council shall serve without compensation.
(d) The MiSTEM MISTEAM
advisory council annually shall review and make recommendations to the
governor, the legislature, and the department concerning changes to the
statewide strategy adopted by the council for delivering STEM STEAM education-related opportunities
to pupils. The MiSTEM MISTEAM
advisory council shall use funds received under this subsection to ensure that
its members or their designees are trained in the Change the Equation STEMworks
rating system program for the purpose of rating STEM STEAM programs.
(e) The MiSTEM MISTEAM
advisory council shall make specific funding recommendations for the funds
allocated under subsection (3) by December 15 of each fiscal year. Each
specific funding recommendation shall be for a program approved by the MiSTEM
MISTEAM advisory council. To be
eligible for MiSTEM MISTEAM
advisory council approval, a program must satisfy all of the following:
(i) Align with this
state's academic standards.
(ii) Have STEMworks
certification.
(iii) Provide
project-based experiential learning, student programming, or educator
professional learning experiences.
(iv) Focus
predominantly on classroom-based STEM STEAM experiences or professional learning experiences.
(f) The MiSTEM MISTEAM
advisory council shall approve programs that represent all network regions and
include a diverse array of options for students and educators and at least 1
program in each of the following areas:
(i) Robotics.
(ii) Computer
science or coding.
(iii) Engineering or
bioscience.
(IV) ARTS.
(g) The MiSTEM MISTEAM
advisory council is encouraged to work with the MiSTEM MISTEAM network to develop locally and
regionally developed programs and professional development LEARNING experiences for the programs
on the list of approved programs.
(h) If the MiSTEM MISTEAM
advisory council is unable to make specific funding recommendations by December
15 of a fiscal year, the department shall award and distribute the funds
allocated under subsection (3) on a competitive grant basis that at least
follows the statewide STEM STEAM
strategy plan and rating system recommended by the MiSTEM MISTEAM advisory council. Each grant
must provide STEM STEAM
education-related opportunities for pupils.
(i) The MiSTEM MISTEAM
advisory council shall work with the executive director of the MiSTEM MISTEAM network to implement the
statewide STEM STEAM strategy
adopted by the MiSTEM MISTEAM
advisory council.
(3) From the state school aid fund money allocated under
subsection (1), there is allocated for 2018-2019 2019-2020 an amount not to exceed $3,050,000.00 for the purpose of
funding programs under this section for 2018-2019, 2019-2020, as recommended by the MiSTEM MISTEAM advisory council.
(4) From the school aid fund allocation under subsection (1),
there is allocated an amount not to exceed $3,834,300.00 for 2018-2019 2019-2020 to support the activities and programs of the MiSTEM MISTEAM network regions. In addition,
from the federal funds allocated under subsection (1), there is allocated for 2018-2019
2019-2020 an amount estimated at
$3,500,000.00 $235,000.00 from
DED-OESE, title II, mathematics and science partnership grants, for the
purposes of this subsection. Beginning in 2018-2019, the THE fiscal agent for each MiSTEM MISTEAM network region shall receive
$200,000.00 for the base operations of each region. The remaining funds will be
distributed to each fiscal agent in an equal amount per pupil, based on the
number of K to 12 pupils enrolled in districts within each region in the prior
fiscal year.
(5) A MiSTEM MISTEAM
network region shall do all of the following:
(a) Collaborate with the career and educational advisory
council that is located in the MiSTEM MISTEAM region to develop a regional strategic plan for STEM STEAM education that creates a robust
regional STEM STEAM culture,
that empowers STEM STEAM
teachers, that integrates business and education into the STEM STEAM network, and that ensures
high-quality STEM STEAM
experiences for pupils. At a minimum, a regional STEM STEAM strategic plan should do all of
the following:
(i) Identify
regional employer need for STEM STEAM.
(ii) Identify
processes for regional employers and educators to create guided pathways for STEM
STEAM careers that include
internships or externships, apprenticeships, and other experiential engagements
for pupils.
(iii) Identify
educator professional development LEARNING
opportunities, including internships or externships and apprenticeships,
that integrate this state's science standards into high-quality STEM STEAM experiences that engage pupils.
(b) Facilitate regional STEM STEAM events such as educator and employer networking and STEM STEAM career fairs to raise STEM STEAM awareness.
(c) Contribute to the MiSTEM MISTEAM website and engage in other MiSTEM MISTEAM network functions to further
the mission of STEM STEAM in
this state in coordination with the MiSTEM MISTEAM advisory council and its executive director.
(d) Facilitate application and implementation of state and
federal funds under this subsection and any other grants or funds for the MiSTEM
MISTEAM network region.
(e) Work with districts to provide STEM STEAM programming and professional development
LEARNING.
(f) Coordinate recurring discussions and work with the career
and educational advisory council to ensure that feedback and best practices are
being shared, including funding, program, professional learning opportunities,
and regional strategic plans.
(6) From the school aid funds allocated under subsection (1),
the department shall distribute for 2018-2019 2019-2020 an amount not to exceed $750,000.00, in a form and manner
determined by the department, to those network MISTEAM NETWORK regions able to provide curriculum and professional
development support to assist districts in implementing the Michigan merit
curriculum components for mathematics and science.
(7) In order to receive state or federal funds under subsection
(4) or (6), OR TO RECEIVE PRIVATE FUNDS
RECEIVED BY THE MISTEAM NETWORK UNDER SUBSECTION (1), a grant recipient
shall allow access for the department or the department's designee to audit all
records related to the program for which it receives those funds. The grant
recipient shall reimburse the state for all disallowances found in the audit.
(8) In order to receive state funds under subsection (4) or
(6), a grant recipient shall provide at least a 10% local match from local
public or private resources for the funds received under this subsection.
(9) Not later than July 1, 2019 and July 1 of each year
thereafter, a MiSTEM MISTEAM
network region that receives funds under subsection (4) shall report to the
executive director of the MiSTEM MISTEAM
network in a form and manner prescribed by the executive director on
performance measures developed by the MiSTEM MISTEAM network regions and approved by the executive director. The
performance measures shall be designed to ensure that the activities of the MiSTEM
MISTEAM network are improving
student academic outcomes.
(10) Not more than 5% of a MiSTEM MISTEAM network region grant under subsection (4) or (6) may be
retained by a fiscal agent for serving as the fiscal agent of a MiSTEM MISTEAM network region.
(11) From the general fund allocation under subsection (1),
there is allocated an amount not to exceed $300,000.00 to the department of technology,
management, and budget TALENT AND
ECONOMIC DEVELOPMENT to support the functions of the executive director and
executive assistant for the MiSTEM MISTEAM
network, and for administrative, training, and travel costs related to the MiSTEM
MISTEAM advisory council. The
executive director and executive assistant for the MiSTEM MISTEAM network shall do all of the
following:
(a) Serve as a liaison among and between the department, the
department of technology, management, and budget, TALENT AND ECONOMIC DEVELOPMENT, the MiSTEM MISTEAM advisory council, the
Michigan mathematics and science centers network, the governor's FUTURE talent investment board, COUNCIL, the general education
leadership network, and the MiSTEM MISTEAM regions, AND ANY
OTHER RELEVANT ORGANIZATIONS OR ENTITIES in a manner that creates a robust
statewide STEM STEAM culture,
that empowers STEM STEAM
teachers, that integrates business and education into the STEM STEAM network, and that ensures
high-quality STEM STEAM
experiences for pupils.
(b) Coordinate the implementation of a marketing campaign,
including, but not limited to, a website that includes dashboards of outcomes,
to build STEM STEAM awareness
and communicate STEM STEAM
needs and opportunities to pupils, parents, educators, and the business
community.
(c) Work with the department and the MiSTEM MISTEAM advisory council to coordinate,
award, and monitor MiSTEM MISTEAM
state and federal grants to the MiSTEM MISTEAM network regions and conduct reviews of grant recipients,
including, but not limited to, pupil experience and feedback.
(d) Report to the governor, the legislature, the department,
and the MiSTEM MISTEAM
advisory council annually on the activities and performance of the MiSTEM MISTEAM network regions.
(e) Coordinate recurring discussions and work with regional
staff to ensure that a network or loop of feedback and best practices are
shared, including funding, programming, professional learning opportunities,
discussion of MiSTEM MISTEAM
strategic vision, and regional objectives.
(f) Coordinate major grant application efforts with the MiSTEM
MISTEAM advisory council to
assist regional staff with grant applications on a local level. The MiSTEM MISTEAM advisory council shall leverage
private and nonprofit relationships to coordinate and align private funds in
addition to funds appropriated under this section.
(g) Train state and regional staff in the STEMworks rating
system, in collaboration with the MiSTEM MISTEAM advisory council and the department.
(h) Collaborate with the MiSTEM network to hire MiSTEM HIRE MISTEAM network region staff IN COLLABORATION WITH THE NETWORK REGION
FISCAL AGENTS.
(12) As used in this section:
(a) "Career and educational advisory council" means
an advisory council to the local workforce development boards located in a
prosperity region consisting of educational, employer, labor, and parent
representatives.
(b) "DED" means the United States Department of
Education.
(c) "DED-OESE" means the DED Office of Elementary
and Secondary Education.
(d) "STEM" “STEAM” means science, technology, engineering, ARTS, and mathematics delivered in an
integrated fashion using cross-disciplinary learning experiences that can
include language arts, performing and fine arts, and career and technical
education.
Sec. 101. (1) To be
eligible to receive state aid under this article, not later than the fifth
Wednesday after the pupil membership count day and not later than the fifth
Wednesday after the supplemental count day, each district superintendent shall
submit AND CERTIFY to the center and
the intermediate superintendent, in the form and manner prescribed by the center,
the number of pupils enrolled and in regular daily attendance in the district
as of the pupil membership count day and as of the supplemental count day, as
applicable, for the current school year. In addition, a district maintaining
school during the entire year, as provided under section 1561 of the revised
school code, MCL 380.1561, shall submit AND
CERTIFY to the center and the intermediate superintendent, in the form and
manner prescribed by the center, the number of pupils enrolled and in regular daily
attendance in the district for the current school year pursuant to rules
promulgated by the superintendent. Not later than the sixth Wednesday after the
pupil membership count day and not later than the sixth Wednesday after the
supplemental count day, the district shall certify RESOLVE ANY PUPIL MEMBERSHIP CONFLICTS WITH OTHER DISTRICTS, CORRECT
ANY DATA ISSUES, AND RECERTIFY the data in a form and manner prescribed by
the center and file the certified data with the intermediate superintendent. If
a district fails to submit and certify the attendance data, as required under
this subsection, the center shall notify the department and state aid due to be
distributed under this article shall be withheld from the defaulting district
immediately, beginning with the next payment after the failure and continuing
with each payment until the district complies with this subsection. If a
district does not comply with this subsection by the end of the fiscal year,
the district forfeits the amount withheld. A person who willfully falsifies a
figure or statement in the certified and sworn copy of enrollment shall be
punished in the manner prescribed by section 161.
(2) To be eligible to receive state aid
under this article, not later than the twenty-fourth Wednesday after the pupil
membership count day and not later than the twenty-fourth Wednesday after the
supplemental count day, an intermediate district shall submit to the center, in
a form and manner prescribed by the center, the audited enrollment and attendance
data for the pupils of its constituent districts and of the intermediate
district. If an intermediate district fails to submit the audited data as
required under this subsection, state aid due to be distributed under this
article shall be withheld from the defaulting intermediate district
immediately, beginning with the next payment after the failure and continuing
with each payment until the intermediate district complies with this
subsection. If an intermediate district does not comply with this subsection by
the end of the fiscal year, the intermediate district forfeits the amount
withheld.
(3) Except as
otherwise provided in subsections (11) and (12), all of the following apply to
the provision of pupil instruction:
(a) Except as
otherwise provided in this section, each district shall provide at least 1,098
hours and, beginning in 2010-2011, the required minimum number of days of pupil
instruction. Beginning in 2014-2015, the required minimum number of days of
pupil instruction is 175. However, all of the following apply to these
requirements:
(i) If a
collective bargaining agreement that provides a complete school calendar was in
effect for employees of a district as of July 1, 2013, and if that school
calendar is not in compliance with this subsection, then this subsection does
not apply to that district until after the expiration of that collective
bargaining agreement. If a district entered into a collective bargaining
agreement on or after July 1, 2013 and if that collective bargaining agreement
did not provide for at least 175 days of pupil instruction beginning in
2014-2015, then the department shall withhold from the district’s total state
school aid an amount equal to 5% of the funding the district receives in
2014-2015 under sections 22a and 22b.
(ii) A district
may apply for a waiver under subsection (9) from the requirements of this
subdivision.
(b) Beginning in
2016-2017, the required minimum number of days of pupil instruction is 180. If
a collective bargaining agreement that provides a complete school calendar was
in effect for employees of a district as of the effective date of the
amendatory act that added this subdivision, and if that school calendar is not
in compliance with this subdivision, then this subdivision does not apply to that
district until after the expiration of that collective bargaining agreement. A
district may apply for a waiver under subsection (9) from the requirements of
this subdivision.
(c) Except as
otherwise provided in this article, a district failing to comply with the
required minimum hours and days of pupil instruction under this subsection
shall forfeit from its total state aid allocation an amount determined by
applying a ratio of the number of hours or days the district was in
noncompliance in relation to the required minimum number of hours and days
under this subsection. Not later than August 1, the board of each district
shall either certify to the department that the district was in full compliance
with this section regarding the number of hours and days of pupil instruction
in the previous school year, or report to the department, in a form and manner
prescribed by the center, each instance of noncompliance. If the district did
not provide at least the required minimum number of hours and days of pupil
instruction under this subsection, the deduction of state aid shall be made in
the following fiscal year from the first payment of state school aid. A
district is not subject to forfeiture of funds under this subsection for a
fiscal year in which a forfeiture was already imposed under subsection (6).
(d) Hours or days lost
because of strikes or teachers’ conferences shall not be counted as hours or
days of pupil instruction.
(e) If a collective
bargaining agreement that provides a complete school calendar is in effect for
employees of a district as of October 19, 2009, and if that school calendar is
not in compliance with this subsection, then this subsection does not apply to
that district until after the expiration of that collective bargaining agreement.
(f) Except as
otherwise provided in subdivisions (g) and (h), a district not having at least
75% of the district’s membership in attendance on any day of pupil instruction
shall receive state aid in that proportion of 1/180 that the actual percent of
attendance bears to the specified percentage.
(g) If a district adds
1 or more days of pupil instruction to the end of its instructional calendar
for a school year to comply with subdivision (a) because the district otherwise
would fail to provide the required minimum number of days of pupil instruction
even after the operation of subsection (4) due to conditions not within the
control of school authorities, then subdivision (f) does not apply for any day
of pupil instruction that is added to the end of the instructional calendar.
Instead, for any of those days, if the district does not have at least 60% of
the district’s membership in attendance on that day, the district shall receive
state aid in that proportion of 1/180 that the actual percentage of attendance
bears to the specified percentage. For any day of pupil instruction added to
the instructional calendar as described in this subdivision, the district shall
report to the department the percentage of the district’s membership that is in
attendance, in the form and manner prescribed by the department.
(h) At the request of
a district that operates a department-approved alternative education program
and that does not provide instruction for pupils in all of grades K to 12, the
superintendent shall grant a waiver from the requirements of subdivision (f).
The waiver shall indicate that an eligible district is subject to the proration
provisions of subdivision (f) only if the district does not have at least 50%
of the district’s membership in attendance on any day of pupil instruction. In
order to be eligible for this waiver, a district must maintain records to
substantiate its compliance with the following requirements:
(i) The
district offers the minimum hours of pupil instruction as required under this section.
(ii) For each
enrolled pupil, the district uses appropriate academic assessments to develop
an individual education plan that leads to a high school diploma.
(iii) The
district tests each pupil to determine academic progress at regular intervals
and records the results of those tests in that pupil’s individual education
plan.
(i) All of the
following apply to a waiver granted under subdivision (h):
(i) If the
waiver is for a blended model of delivery, a waiver that is granted for the
2011-2012 fiscal year or a subsequent fiscal year remains in effect unless it
is revoked by the superintendent.
(ii) If the
waiver is for a 100% online model of delivery and the educational program for
which the waiver is granted makes educational services available to pupils for
a minimum of at least 1,098 hours during a school year and ensures that each
pupil participates in the educational program for at least 1,098 hours during a
school year, a waiver that is granted for the 2011-2012 fiscal year or a
subsequent fiscal year remains in effect unless it is revoked by the
superintendent.
(iii) A waiver
that is not a waiver described in subparagraph (i) or (ii) is
valid for 1 fiscal year and must be renewed annually to remain in effect.
(j) The superintendent
shall promulgate rules for the implementation of this subsection.
(4) Except as
otherwise provided in this subsection, the first 6 days or the equivalent
number of hours for which pupil instruction is not provided because of
conditions not within the control of school authorities, such as severe storms,
fires, epidemics, utility power unavailability, water or sewer failure, or
health conditions as defined by the city, county, or state health authorities,
shall be counted as hours and days of pupil instruction. With the approval of
the superintendent of public instruction, the department shall count as hours
and days of pupil instruction for a fiscal year not more than 3 additional days
or the equivalent number of additional hours for which pupil instruction is not
provided in a district due to unusual and extenuating occurrences resulting
from conditions not within the control of school authorities such as those
conditions described in this subsection. Subsequent such hours or days shall
not be counted as hours or days of pupil instruction.
(5) A district shall
not forfeit part of its state aid appropriation because it adopts or has in
existence an alternative scheduling program for pupils in kindergarten if the
program provides at least the number of hours required under subsection (3) for
a full-time equated membership for a pupil in kindergarten as provided under
section 6(4).
(6) In addition to any
other penalty or forfeiture under this section, if at any time the department
determines that 1 or more of the following have occurred in a district, the
district shall forfeit in the current fiscal year beginning in the next payment
to be calculated by the department a proportion of the funds due to the
district under this article that is equal to the proportion below the required
minimum number of hours and days of pupil instruction under subsection (3), as
specified in the following:
(a) The district fails
to operate its schools for at least the required minimum number of hours and
days of pupil instruction under subsection (3) in a school year, including
hours and days counted under subsection (4).
(b) The board of the
district takes formal action not to operate its schools for at least the
required minimum number of hours and days of pupil instruction under subsection
(3) in a school year, including hours and days counted under subsection (4).
(7) In providing the
minimum number of hours and days of pupil instruction required under subsection
(3), a district shall use the following guidelines, and a district shall
maintain records to substantiate its compliance with the following guidelines:
(a) Except as
otherwise provided in this subsection, a pupil must be scheduled for at least
the required minimum number of hours of instruction, excluding study halls, or
at least the sum of 90 hours plus the required minimum number of hours of
instruction, including up to 2 study halls.