Bill Text: MI SB1062 | 2019-2020 | 100th Legislature | Introduced
Bill Title: School aid: penalties; attendance and count hour requirements for the 2020-2021 school year; modify. Amends secs. 6 & 101 of 1979 PA 94 (MCL 388.1606 & 388.1701).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-08-15 - Referred To Committee On Education And Career Readiness [SB1062 Detail]
Download: Michigan-2019-SB1062-Introduced.html
SENATE BILL NO. 1062
August 15, 2020, Introduced by Senator BAYER
and referred to the Committee on Education and Career Readiness.
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending sections 6 and 101 (MCL 388.1606 and 388.1701), as amended by 2019 PA 58.
the people of the state of michigan enact:
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 serves all
constituent districts within an intermediate district or serves 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 subsection or 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. For 2020-2021 only, membership
means for a district, a public school academy, or an intermediate district an
amount equal to the district's, public school academy's, or intermediate
district's 2019-2020 membership as calculated under this section in 2019-2020. A
district's, public school academy's, or intermediate district's membership is
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,
except as otherwise provided in
this subsection, for a district that is a community district, "membership" 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. For 2020-2021 only, for a district that is a community
district, membership means an amount equal to the community district's
2019-2020 membership as calculated under this section in 2019-2020. 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 is 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 is not counted in
membership in any district.
(c) A special education
pupil educated by the intermediate district is 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, is 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 is 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 under section 690 of the revised school code, MCL 380.690,
is counted in membership only in the pupil's district of residence.
(g) A pupil enrolled in a
public school academy is 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 is
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 excludes 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, is counted in membership.
(l) To be counted in
membership, a pupil must meet the minimum age requirement to be eligible to
attend school under section 1147 of the revised school code, MCL 380.1147, or
must be enrolled under subsection (3) of that section, and must 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 is 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 is
not counted in membership. An individual who has achieved a high school
equivalency certificate is not 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 labor and economic opportunity, or
participating in any successor of either of those 2 programs, is not 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 is 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 is counted in membership,
and the instructional time scheduled for the pupil in the district or
intermediate district is 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 receives 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 is 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 receives 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 is 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 is not 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 must 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 is not
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
are 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 are 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 is 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 is 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 is 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 are 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 are
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 is not 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 is 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 under section 1148(2) of the revised school code, MCL
380.1148, is counted in the educating district.
(dd) For a pupil enrolled in a dropout recovery program that
meets the requirements of section 23a, the pupil is 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 must 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 is instead 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 is 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 is 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 is 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.
(5) "Public school academy" means that term as
defined in section 5 of the revised school code, MCL 380.5.
(6) "Pupil" means an individual in membership in a
public school. A district must have the approval of the pupil's district of
residence to count the pupil in membership, except approval by the pupil's
district of residence is not required for any of the following:
(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.
(o) A pupil who enrolls in a district other than the pupil's
district of residence as a result of the pupil's school not making adequate
yearly progress under the no child left behind act of 2001, Public Law 107-110,
or the every student succeeds act, Public Law 114-95.
However, 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, is not 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 is not 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 is only 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. A pupil
not counted as 1.0 full-time equated membership due to an absence from a class
is 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. 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, including identification of tuition-paying pupils, in the
district as of the pupil membership count day and as of the supplemental count
day, as applicable, for the current school year. For the 2020-2021 school year only, a district is not
required to submit and certify to the center and the intermediate
superintendent the number of pupils enrolled and in regular daily attendance in
the district as of the pupil membership count day as required in the
immediately preceding sentence. In addition, a district
maintaining school during the entire year 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, excluding the sixth
Wednesday after the 2020-2021 pupil membership count day, and not
later than the sixth Wednesday after the supplemental count day, the district
shall resolve any pupil membership conflicts with another district, 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 the department
shall withhold state aid due to be distributed under this article 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 is subject to penalty as 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. For the 2020-2021 school year only,
an intermediate district is not required to submit to the center audited
enrollment and attendance data for the pupils of its constituent districts and
of the intermediate district as required in the immediately preceding sentence.
If an intermediate district fails to submit the audited data as
required under this subsection, the department shall withhold state aid due to
be distributed under this article 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 180 days of pupil instruction.
If a collective bargaining agreement that provides a complete school calendar
was in effect for employees of a district as of June 24, 2014, 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.
(b) Except as otherwise provided in this section or this article,
a district failing to comply with the required minimum hours and days of pupil
instruction under this subsection forfeits 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 department shall make the
deduction of state aid 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).
(c) Hours or days lost because of strikes or teachers'
conferences are not counted as hours or days of pupil instruction.
(d) Except as otherwise provided in this subdivision and subdivisions (e) and
(f), if a district does not have at least 75% of the district's membership in
attendance on any day of pupil instruction, the department shall pay the
district state aid in that proportion of 1/180 that the actual percent of
attendance bears to 75%. A
district is not required to comply with the requirement in the immediately
preceding sentence for the 2020-2021 school year.
(e) 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 (d) 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 department shall pay the
district state aid in that proportion of 1/180 that the actual percentage of
attendance bears to 60%. 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.
(f) 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 (d). The waiver must provide that
an eligible district is subject to the proration provisions of subdivision (d)
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.
(g) All of the following apply to a waiver granted under
subdivision (f):
(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.
(h) 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, are counted as hours and days of
pupil instruction. For
2018-2019 only, in addition to these 6 days, if pupil instruction is not
provided on 1 or more days that are included in a period for which the governor
has issued an executive order declaring a state of emergency across this state,
upon request by a district to the superintendent of public instruction, in a
form and manner prescribed by the department, that 1 or more of those days and
the equivalent number of hours count as days and hours of pupil instruction, the
department shall count those requested days and the equivalent number of hours
as days and hours of pupil instruction for the purposes of this section. For
2018-2019, the days included in the executive order are January 29, 2019 to
February 2, 2019. 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 are not counted as hours or
days of pupil instruction.
(5) A district does 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 Except as otherwise provided in this
section, 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 forfeits 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.
(b) The time a pupil is assigned to any tutorial activity in
a block schedule may be considered instructional time, unless that time is
determined in an audit to be a study hall period.
(c) Except as otherwise provided in this subdivision, a pupil
in grades 9 to 12 for whom a reduced schedule is determined to be in the
individual pupil's best educational interest must be scheduled for a number of
hours equal to at least 80% of the required minimum number of hours of pupil
instruction to be considered a full-time equivalent pupil. A pupil in grades 9
to 12 who is scheduled in a 4-block schedule may receive a reduced schedule
under this subsection if the pupil is scheduled for a number of hours equal to
at least 75% of the required minimum number of hours of pupil instruction to be
considered a full-time equivalent pupil.
(d) If a pupil in grades 9 to 12 who is enrolled in a
cooperative education program or a special education pupil cannot receive the
required minimum number of hours of pupil instruction solely because of travel
time between instructional sites during the school day, that travel time, up to
a maximum of 3 hours per school week, is considered to be pupil instruction
time for the purpose of determining whether the pupil is receiving the required
minimum number of hours of pupil instruction. However, if a district
demonstrates to the satisfaction of the department that the travel time
limitation under this subdivision would create undue costs or hardship to the
district, the department may consider more travel time to be pupil instruction
time for this purpose.
(e) In grades 7 through 12, instructional time that is part
of a Junior Reserve Officer Training Corps (JROTC) program is considered to be
pupil instruction time regardless of whether the instructor is a certificated
teacher if all of the following are met:
(i) The instructor
has met all of the requirements established by the United States Department of
Defense and the applicable branch of the armed services for serving as an
instructor in the Junior Reserve Officer Training Corps program.
(ii) The board of the
district or intermediate district employing or assigning the instructor
complies with the requirements of sections 1230 and 1230a of the revised school
code, MCL 380.1230 and 380.1230a, with respect to the instructor to the same
extent as if employing the instructor as a regular classroom teacher.
(8) Except as otherwise provided in subsections (11), and (12), and (14), the
department shall apply the guidelines under subsection (7) in calculating the
full-time equivalency of pupils.
(9) Upon application by the district for a particular fiscal
year, the superintendent shall waive for a district the minimum number of hours
and days of pupil instruction requirement of subsection (3) for a
department-approved alternative education program or another innovative program
approved by the department, including a 4-day school week. If a district
applies for and receives a waiver under this subsection and complies with the
terms of the waiver, the district is not subject to forfeiture under this
section for the specific program covered by the waiver. If the district does
not comply with the terms of the waiver, the amount of the forfeiture is
calculated based upon a comparison of the number of hours and days of pupil
instruction actually provided to the minimum number of hours and days of pupil
instruction required under subsection (3). A district shall report pupils
enrolled in a department-approved alternative education program under this
subsection to the center in a form and manner determined by the center. All of
the following apply to a waiver granted under this subsection:
(a) 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.
(b) 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 is on track for course completion at
proficiency level, 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.
(c) A waiver that is not a waiver described in subdivision
(a) or (b) is valid for 1 fiscal year and must be renewed annually to remain in
effect.
(10) A district may count up to 38 hours of qualifying
professional development for teachers as hours of pupil instruction. All of the
following apply to the counting of qualifying professional development as pupil
instruction under this subsection:
(a) If qualifying professional development exceeds 5 hours in
a single day, that day may be counted as a day of pupil instruction.
(b) At least 8 hours of the qualifying professional
development counted as hours of pupil instruction under this subsection must be
recommended by a districtwide professional development advisory committee
appointed by the district board. The advisory committee must be composed of
teachers employed by the district who represent a variety of grades and subject
matter specializations, including special education; nonteaching staff;
parents; and administrators. The majority membership of the committee shall must be composed of
teaching staff.
(c) Professional development provided online is allowable and
encouraged, as long as the instruction has been approved by the district. The
department shall issue a list of approved online professional development
providers , which that must include the
Michigan Virtual School.
(d) Qualifying professional development may only be counted
as hours of pupil instruction for the pupils of those teachers scheduled to
participate in the qualifying professional development.
(e) For professional development to be considered qualifying
professional development under this subsection, the professional development
must meet all of the following:
(i) Is aligned to the
school or district improvement plan for the school or district in which the
professional development is being provided.
(ii) Is linked to 1 or
more criteria in the evaluation tool developed or adopted by the district or
intermediate district under section 1249 of the revised school code, MCL
380.1249.
(iii) Has been approved
by the department as counting for state continuing education clock hours. The
number of hours of professional development counted as hours of pupil
instruction may not exceed the number of state continuing education clock hours
for which the qualifying professional development was approved.
(iv) Not more than a
combined total of 10 hours of the professional development takes place before
the first scheduled day of school for the school year ending in the fiscal year
and after the last scheduled day of school for that school year.
(v) No more than 10
hours of qualifying professional development takes place in a single month.
(vi) At least 75% of
teachers scheduled to participate in the professional development are in
attendance.
(11) Subsections (3) and (8) do not apply to a school of
excellence that is a cyber school, as that term is 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.
(12) Subsections (3) and (8) do not apply to eligible pupils
enrolled in a dropout recovery program that meets the requirements of section
23a. As used in this subsection, "eligible pupil" means that term as
defined in section 23a.
(13) At least every 2 years the superintendent shall review
the waiver standards set forth in the pupil accounting and auditing manuals to
ensure that the waiver standards and waiver process continue to be appropriate
and responsive to changing trends in online learning. The superintendent shall
solicit and consider input from stakeholders as part of this review.
(14) For the 2020-2021 school year only, a district is not
required to provide at least 1,098 hours of pupil instruction under subsection
(3)(a).