Bill Text: MI HB6314 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Education; school districts; public innovative districts; create. Amends sec. 1284b of 1976 PA 451 (MCL 380.1284b) & adds secs. 1173 & 1173a. TIE BAR WITH: HB 6315'18
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-12-11 - Referred To Committee On Education [HB6314 Detail]
Download: Michigan-2017-HB6314-Engrossed.html
HB-6314, As Passed House, December 6, 2018
SUBSTITUTE FOR
HOUSE BILL NO. 6314
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1284b (MCL 380.1284b), as amended by 2006 PA
235, and by adding sections 1173 and 1173a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1173. (1) A board of a school district may apply to the
superintendent of public instruction for permission to operate the
school district or a school of the school district as a public
innovative district or public innovative school. An application
under this subsection must be submitted no later than March 1 of
the school year immediately preceding the school year in which the
board seeks to begin operating the school district or school as a
public innovative district or public innovative school and must
include at least all of the following:
(a) A statement of commitment from the board outlining the
school district's vision for competency-based education,
personalized learning, and "any time, any place, any way, any pace"
learning or any other innovative approaches to learning in the
school district or school.
(b) A description of the instructional program to be
implemented in the school district or school.
(c) A description of the interest and support for partnerships
between the school district or school, parents, and the community.
(d) A description of the expected benefits of the innovative
practices for pupils.
(e) An explanation of how pupil performance in achieving
specified outcomes will be measured, evaluated, and reported using
multiple measures to inform pupil progress.
(f) A copy of the resolution to seek permission to operate as
a public innovative district or public innovative school passed by
the board.
(2) If the board of a school district submits an application
under subsection (1), the board shall send written notice to the
parent or legal guardian of each pupil enrolled in the school
district to notify the pupil's parent or legal guardian that the
application has been submitted. If the board of a school district
receives a notice of approval under subsection (4) or (6), the
board of a school district shall send written notice of the
approval to the parent or legal guardian of each pupil enrolled in
the school district.
(3) Not later than 60 days after receiving an application for
permission to operate the school district or a school of the school
district as a public innovative district or public innovative
school under subsection (1), the superintendent of public
instruction shall approve or deny the application. The
superintendent of public instruction shall approve an application
that is in compliance with this section or deny an application that
is not in compliance with this section.
(4) Not later than 10 days after the superintendent of public
instruction has approved or denied an application under subsection
(3), the superintendent of public instruction shall provide notice
of the approval or denial of permission to operate the school
district or a school of the school district as a public innovative
district or public innovative school to the board of the school
district that submitted the application and the education
accountability policy commission, in a form and manner prescribed
by the superintendent of public instruction.
(5) If the superintendent of public instruction denies an
application for permission to operate the school district or a
school of the school district as a public innovative district or
public innovative school under subsection (3), the education
accountability policy commission shall hold a hearing on the
application not later than 30 days after the superintendent of
public instruction provides notice of the denial under subsection
(4). The education accountability policy commission shall provide
representatives of the board of the school district that submitted
the application an opportunity to present information refuting the
basis for the denial. Not later than 30 days before the hearing,
the education accountability policy commission shall provide notice
of the hearing to the board of the school district that submitted
the application.
(6) Not later than 60 days after the hearing under subsection
(5), the superintendent of public instruction shall approve the
application for permission to operate the school district or a
school of the school district as a public innovative district or
public innovative school, deny the application, or issue an
approval of the application that is contingent on compliance with
certain conditions. The superintendent of public instruction shall
provide notice of his or her decision under this subsection to the
board of the school district that submitted the application,
including any conditions on which an approval is contingent and the
deadline by which the conditions must be met, as applicable. If the
board of the school district fails to meet the conditions by the
deadline, the superintendent of public instruction shall deny the
application.
(7) If the superintendent of public instruction approves an
application under subsection (3) or (6), the board of the school
district that submitted the application shall begin operating the
school district as a public innovative district or school as a
public innovative school beginning with the school year immediately
following the school year in which the application was approved.
(8) An approval to operate as a public innovative district or
public innovative school granted under this section is valid for 3
school years, beginning with the school year immediately following
the school year in which an application was approved, and may be
renewed every 3 years. Not later than 90 days before the expiration
of an approval to operate as a public innovative district or public
innovative school, the board of a school district may submit a
renewal application to the superintendent of public instruction for
permission to continue operating the school district or school as a
public innovative district or public innovative school for an
additional 3 school years. A renewal application submitted under
this subsection must include at least all of the following:
(a) Evidence that the pupils enrolled in the school district
or school met the standards on the applicable state assessments, or
an alternative assessment adopted under subsection (15), during the
current period of operation as a public innovative district or
public innovative school.
(b) Evidence that the school district or school has
demonstrated improvement in its course completion rate during the
current period of operation as a public innovative district or
public innovative school.
(c) Evidence of progress made by the school district or school
in achieving the goals, outcomes, and competencies described in the
application under subsection (1).
(9) The superintendent of public instruction shall approve a
renewal application if the superintendent of public instruction
finds that the evidence provided in the application described in
subsection (8) is sufficient or deny a renewal application if the
superintendent of public instruction finds that the evidence
provided in the application described in subsection (8) is
insufficient. Not later than 10 days after the superintendent of
public instruction has approved or denied a renewal application,
the superintendent of public instruction shall provide notice of
the approval or denial to the board of the school district that
submitted the renewal application and the education accountability
policy commission, in a form and manner prescribed by the
superintendent of public instruction.
(10) If the superintendent of public instruction denies a
renewal application under subsection (9), the education
accountability policy commission shall hold a hearing on the
renewal application not later than 30 days after the superintendent
of public instruction provides notice of the denial under
subsection (9). The education accountability policy commission
shall provide representatives of the board of the school district
that submitted the renewal application an opportunity to present
information refuting the basis for the denial. Not later than 30
days before the hearing, the education accountability policy
commission shall provide notice of the hearing to the board of the
school district that submitted the renewal application.
(11) Not later than 60 days after the hearing under subsection
(10), the superintendent of public instruction shall approve the
renewal application, deny the renewal application, or issue an
approval of the renewal application that is contingent on
compliance with certain conditions. The superintendent of public
instruction shall provide notice of his or her decision under this
subsection to the board of the school district that submitted the
renewal application, including any conditions on which an approval
is contingent and the deadline by which the conditions must be met,
as applicable. If the board of the school district fails to meet
the conditions by the deadline, the superintendent of public
instruction shall deny the renewal application for permission to
continue operating the school district or school as a public
innovative district or public innovative school.
(12) The board of a school district that operates the school
district as a public innovative district under this section or
operates a school of the school district as a public innovative
school under this section shall develop or adopt, and implement, an
instructional program that includes, but is not limited to, all of
the following for the school district or school:
(a) Procedures for diagnosing pupil learning needs.
(b) Methods and strategies for teaching that incorporate
learner needs.
(c) Resource-based learning opportunities.
(d) Techniques for evaluating pupil outcomes.
(e) The provision of remedial instruction, as needed.
(13) The board of a school district operating the school
district as a public innovative district under this section or
operating a school of the school district as a public innovative
school under this section may offer extended learning opportunities
that meet at least all of the following:
(a) Include activities designed to provide credit or
supplement regular academic courses.
(b) Include activities designed to promote the educational
goals and objectives of the pupil and the school in which the pupil
is enrolled.
(c) Incorporate pupils in selecting, organizing, and
implementing extended learning activities.
(d) Provide opportunities for pupils to acquire knowledge and
skill development comparable to knowledge and skill development in
courses offered at the school.
(e) Are available to all pupils.
(f) Include activities that supplement and enrich regular
academic courses.
(g) Include activities that provide opportunities for social
development.
(h) Include activities that encourage participation in the
arts, athletics, and other cooperative groups.
(i) Include activities that encourage service to school and
community.
(14) If the board of a school district operating the school
district as a public innovative district under this section or
operating a school of the school district as a public innovative
school under this section offers extended learning opportunities
under subsection (13), the board shall adopt a policy on extended
learning opportunities for the school district or school that meets
at least all of the following:
(a) Provides for the administration and supervision of the
extended learning opportunities.
(b) Utilizes certified educators to oversee an individual
pupil's extended learning opportunity.
(c) Requires that each extended learning proposal meet
rigorous standards and be approved by the school before
implementation. Each extended learning proposal must address the 4
elements of rigor in extended learning opportunities: research,
reflection, product, and presentation.
(d) Specifies that credits can be granted for extended
learning activities, including, but not limited to, independent
study, private instruction, team sports, performing groups,
internships, community service, and work study.
(e) Requires that any credit granted to a pupil is based on a
pupil's demonstration of competencies, as approved by certificated
educators.
(15) The board of a school district operating the school
district as a public innovative district under this section or
operating a school of the school district as a public innovative
school under this section may do all of the following:
(a) Adopt and implement an alternative assessment of pupil
progress that meets the requirements of the every student succeeds
act, Public Law 114-95.
(b) Operate a year-round program.
(c) Utilize community experts in the educational process.
(d) Design courses based on the interests of individual
pupils.
(16) The board of a school district operating the school
district as a public innovative district under this section or
operating a school of the school district as a public innovative
school under this section shall do at least both of the following:
(a) Measure and track pupil competencies, rather than
instructional hours, as the basis for awarding credit.
(b) Assign a mentor to each pupil.
(17) It is the intent of the legislature to appropriate
funding for a statewide auditor to perform audits for each school
district operating as a public innovative district and each school
operating as a public innovative school. The education
accountability policy commission shall select the auditor and shall
ensure that the auditor has a background in both accounting and
education. The auditor shall replace the services provided by the
auditor of the intermediate school district of which the school
district is constituent. The board of a school district operating
the school district as a public innovative district or operating a
school of the school district as a public innovative school that is
subject to an audit performed by the statewide auditor described in
this subsection shall provide any information to the statewide
auditor that the statewide auditor determines is necessary for the
purposes of performing audits described in this subsection.
(18) The superintendent of public instruction and the
department's innovation council shall provide technical advice and
assistance to the board of a school district completing an
application under subsection (1).
(19) If the parent or legal guardian of a pupil receives a
notice under subsection (2) indicating that the board of the school
district received a notice of approval under subsection (4) or (6)
for permission to operate a school of the school district as a
public innovative school and the pupil is currently enrolled in the
school for which the board received permission to operate as a
public innovative school or the pupil is designated to attend that
school, the pupil's parent or legal guardian may, before the
beginning of the school year, elect to enroll the pupil in another
school of the school district that offers an appropriate grade
level. If the board of a school district receives the notice of
approval under subsection (4) or (6) for permission to operate a
school of the school district as a public innovative school, the
board shall ensure that the schools of the school district that are
not operated as public innovative schools enroll pupils seeking to
enroll under this subsection.
(20) As used in this section:
(a) "Education accountability policy commission" means the
education accountability policy commission created under section
1173a.
(b) "Extended learning opportunity" means a learning program
that occurs outside of a school setting.
(c) "Innovative practices" means approaches to learning that
are pupil-centered, learning-based, and not bound by measures of
time or place.
Sec. 1173a. (1) The education accountability policy commission
is created in the department. The commission consists of the
following 13 members:
(a) Three members appointed by the governor who represent
business sectors that are important to this state's economy and
rely on a college- or career-ready workforce, nonprofit
organizations and associations that promote college and career
education, K-12 and postsecondary institutions involved in college
and career education, or other sectors as determined appropriate by
the governor.
(b) One member appointed by the senate majority leader, in
consultation with the chairperson of the senate standing committee
on education.
(c) One member appointed by the speaker of the house of
representatives, in consultation with the chairperson of the house
standing committee on education.
(d) The superintendent of public instruction, or his or her
designee.
(e) One member appointed by the superintendent of public
instruction from among nominees submitted by statewide
organizations representing public school academies.
(f) One member appointed by the superintendent of public
instruction from among nominees submitted by statewide
organizations representing school administrators working in school
districts.
(g) A currently serving school board member appointed by the
superintendent of public instruction from among nominees submitted
by statewide organizations representing school boards.
(h) One member appointed by the governor from among nominees
submitted by statewide organizations representing urban school
districts.
(i) One member appointed by the governor from among nominees
submitted by statewide organizations representing rural school
districts.
(j) One member appointed by the governor from among nominees
submitted by statewide organizations representing parents of
pupils.
(k) One member appointed by the governor from among nominees
submitted by statewide organizations representing teachers.
(2) Initial education accountability policy commission members
must be appointed under subsection (1) not later than July 1, 2019.
(3) The members of the education accountability policy
commission shall elect a chairperson of the commission and other
officers the commission determines appropriate.
(4) Members of the education accountability policy commission
shall be appointed for 4-year terms.
(5) A vacancy on the education accountability policy
commission must be filled in the same manner as the original
appointment. A member appointed to fill a vacancy caused by a
resignation or death shall be appointed for the balance of the
unexpired term.
(6) The governor may remove a member of the education
accountability policy commission for incompetence, dereliction of
duty, malfeasance, misfeasance, or nonfeasance in office, or any
other good cause.
(7) Members of the education accountability policy commission
shall serve without compensation. However, members of the
commission may be reimbursed for their actual and necessary
expenses incurred in the performance of their official duties as
members of the commission.
(8) The education accountability policy commission may
establish subcommittees that may consist of individuals who are not
members of the commission, including, but not limited to, experts
in matters of interest to the commission.
(9) A majority of the members of the education accountability
policy commission constitute a quorum for conducting business. A
vote of a majority of the members of the commission present and
serving is required for the official action of the commission.
Sec. 1284b. (1) Until subsection (2) applies to the school
district, public school academy, or intermediate school district,
the board of a school district or intermediate school district or
board of directors of a public school academy shall ensure that the
district's or public school academy's schools are not in session on
the
Friday before Labor day.Day.
(2) Except as otherwise provided in this section and except
for the board of a school district operating the school district as
a public innovative district or, with respect to that school only,
operating a school of the school district as a public innovative
school under section 1173, the board of a school district or
intermediate school district or board of directors of a public
school academy shall ensure that the district's or public school
academy's
school year does not begin before Labor day.Day.
(3) If a collective bargaining agreement that provides a
complete school calendar is in effect for employees of a school
district, public school academy, or intermediate school district as
of
the effective date of the amendatory act that added subsection
(2),
September 29, 2005, and if that school calendar is not in
compliance with subsection (2), then subsection (2) does not apply
to that school district, public school academy, or intermediate
school district until after the expiration of that collective
bargaining agreement.
(4) If a school district, intermediate school district, or
public school academy is operating a year-round school or program
as of September 29, 2005 or is operating as of that date a school
that is an international baccalaureate academy that provides 1,160
hours of pupil instruction per school year, then subsection (2)
does not apply to that school or program. If a school district,
intermediate school district, or public school academy begins
operating a year-round school or program after September 29, 2005,
the school district, intermediate school district, or public school
academy may apply to the superintendent of public instruction for a
waiver from the requirements of subsection (2). Upon application,
if the superintendent of public instruction determines that a
school or program is a bona fide year-round school or program
established for educational reasons, the superintendent of public
instruction shall grant the waiver. The superintendent of public
instruction shall establish standards for determining a bona fide
year-round school or program for the purposes of this subsection.
(5) If an intermediate school district contracts with a
constituent district or public school academy to provide programs
or services for pupils of the constituent district or public school
academy; operates a program or service within a building owned by a
constituent district or a public school academy located within the
intermediate school district's boundaries; or otherwise provides
instructional programs or services for pupils of a constituent
district or public school academy, and if the school district's or
public
school academy's school year begins before Labor day Day
under subsection (3) or (4), then the intermediate school district
may provide programs or services according to the school district's
or public school academy's calendar.
(6) This section does not apply to a public school that
operates all of grades 6 to 12 at a single site, that aligns its
high school curriculum with advanced placement courses as the
capstone of the curriculum, and that ends its second academic
semester concurrently with the end of the advanced placement
examination period.
(7) This section does not prohibit a school district,
intermediate school district, or public school academy from
offering or requiring professional development for its personnel
that
is conducted before Labor day.Day.
(8)
As used in this section, "Labor day" Day" means the first
Monday in September.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless House Bill No. 6315 of the 99th Legislature is enacted into
law.
