Bill Text: MI SB1166 | 2015-2016 | 98th Legislature | Introduced
Bill Title: School aid; foundation allowance; allocation of foundation allowance to Michigan education savings account; provide for, revise calculation of foundation allowance, and modify distribution process for certain categorical funding. Amends secs. 6, 20, 22a, 31a, 41, 51a, 56, 61a, 62, 81 & 101 of 1979 PA 94 (MCL 388.1606 et seq.); adds sec. 22e & repeals secs. 6a, 6b, 22b, 25e, 105, 105b, 105c & 106 of 1979 PA 94 (MCL 388.1606a et seq.). TIE BAR WITH: SB 1165'16, SB 1167'16, SB 1168'16, SB 1169'16
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-11-10 - Referred To Committee On Education [SB1166 Detail]
Download: Michigan-2015-SB1166-Introduced.html
SENATE BILL No. 1166
November 10, 2016, Introduced by Senator COLBECK and referred to the Committee on Education.
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending sections 6, 20, 22a, 31a, 41, 51a, 56, 61a, 62, 81, and
101 (MCL 388.1606, 388.1620, 388.1622a, 388.1631a, 388.1641,
388.1651a, 388.1656, 388.1661a, 388.1662, 388.1681, and 388.1701),
sections 6, 22a, 31a, 41, 51a, 56, 62, 81, and 101 as amended by
2016 PA 249 and sections 20 and 61a as amended by 2016 PA 313, and
by adding section 22e; and to repeal acts and parts of acts.
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 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 612 of part B 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, the
education
achievement system, 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 in its first year of
operation,
"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 final audited count from the
supplemental
count day of pupils in grades K to 12 actually
enrolled
and in regular daily attendance in a qualifying school
district
as defined in section 5 of the revised school code, MCL
380.5,
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. For the purposes of this section and
section
6a, for a school of excellence 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,
a pupil's participation in the cyber school's educational
program
is considered regular daily attendance; for the education
achievement
system, a pupil's participation in a virtual
educational
program of the education achievement system or of an
achievement
school is considered regular daily attendance; and for
a
district a pupil's participation in a virtual course as defined
in
section 21f is considered regular daily attendance. 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, the education achievement
system,
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)
A pupil enrolled in an achievement school shall be counted
in
membership in the education achievement system.
(i)
For a new district or public school academy beginning its
operation
after December 31, 1994, or for the education achievement
system
or an achievement school, 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)
In a district, a public school academy, the education
achievement
system, or an intermediate district operating 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.
(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
or the education achievement system 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 or the education achievement system
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
or the education achievement system 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 or the education
achievement
system
provides instruction for at least 1/2 of the class hours
required
under section 101, the public school academy or the
education
achievement system 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 or the education achievement system 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 or the education
achievement
system
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
or the education achievement system.
(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, 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, 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, a public school academy, or the education
achievement
system that has pupils enrolled in a grade level that
was
not offered by the district, the public school academy, or the
education
achievement system 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
or
the education achievement system within 45 days after the pupil
membership
count day, the department shall adjust the district's or
the
education achievement system'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, a public school academy, or the education
achievement
system 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
or the education achievement system.
(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 the education
achievement
system in which a former pupil of the public school
academy
enrolls and is in regular daily attendance for the next
school
year to ensure that the district or the education
achievement
system receives the same amount of membership aid for
the
pupil as if the pupil were counted in the district or the
education
achievement system 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. For a community district
in
its first fiscal year of operations only, until the department
is
able to calculate the community district's membership, the
department
shall consider the community district's membership to be
the
same as the membership for the immediately preceding fiscal
year
for a district with the same boundaries as the community
district
that had membership for that fiscal year.
(4) (5)
"Public school academy"
means that term as defined in
section 5 of the revised school code, MCL 380.5.
(5) (6)
"Pupil" means a person
in membership an individual
enrolled 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 or the
education
achievement system.
(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,
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, an intermediate district, a public school
academy,
or the education achievement system 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, public school academy, or education
achievement
system 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 or
legally
qualified substitute teacher are together and instruction
is
taking place.
(6) (9)
"Rule" means a rule
promulgated pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(7) (10)
"The revised school code"
means 1976 PA 451, MCL
380.1 to 380.1852.
(8) (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.
(9) (12)
"School fiscal year"
means a fiscal year that
commences July 1 and continues through June 30.
(10) (13)
"State board" means the
state board of education.
(11) (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.
(12) (17)
"State school aid fund"
means the state school aid
fund established in section 11 of article IX of the state
constitution of 1963.
(13) (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.
(14) (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 or, for an
achievement school, by the chancellor of the achievement authority
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.
(15) (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 all of the provisions
of this article.
Sec.
20. (1) For 2016-2017, both of the following apply:
(a)
The basic foundation allowance is $8,229.00.
(b)
The minimum foundation allowance is $7,511.00.2017-2018,
the foundation allowance for all pupils is an amount equal to the
total amount of money estimated to be available in the state school
aid fund for 2017-2018, as estimated at the May 2017 revenue
estimating conference conducted under section 367b of the
management and budget act, 1984 PA 431, MCL 18.1367b, divided by
the statewide total number of estimated pupils in membership for
2017-2018, as estimated at that May 2017 revenue estimating
conference.
(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 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
$20.00)
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 2016-
2017
in an amount equal to the basic foundation allowance for 2016-
2017.
(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.
(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. 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.
(7)
Except as otherwise provided in this subsection, for
pupils
attending an achievement school and in membership in the
education
achievement system, other than special education pupils,
the
allocation calculated under this section is an amount per
membership
pupil other than special education pupils equal to the
foundation
allowance of the district in which the achievement
school
is located, not to exceed the basic foundation allowance.
Notwithstanding
section 101, for an achievement school that begins
operation
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 achievement school 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.
For the purposes of this subsection, if a public school
is
transferred from a district to the state school reform/redesign
district
or the achievement authority under section 1280c of the
revised
school code, MCL 380.1280c, that public school is
considered
to be an achievement school within the education
achievement
system and not a school that is part of a district, and
a
pupil attending that public school is considered to be in
membership
in the education achievement system and not in
membership
in the district that operated the school before the
transfer.
(8)
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.
(9)
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.
(10)
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.
(2) (11)
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.
(3) (12)
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.
(4) (13)
Payments to districts, public
school academies, or
the education achievement system 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.money
deposited into the education savings accounts of pupils, as
provided for under section 22e and the Michigan parental choice in
education program act.
(14)
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.
(15)
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 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 $20.00) 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 2016-
2017,
the maximum public school academy allocation is $7,511.00.
(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 125.2672,
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. 22a. (1) From the appropriation in section 11, there is
allocated an amount not to exceed $5,260,000,000.00 for 2015-2016
and an amount not to exceed $5,205,000,000.00 for 2016-2017 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) Beginning in 2017-2018, payments to districts or for
public school academies shall not be made under this section.
Rather, the allocations and calculations under this section shall
be used to determine the amount of money deposited into the
education savings accounts of pupils, as provided for under section
22e and the Michigan parental choice in education program act.
(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.
(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 25f.
(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. 22e. (1) Beginning in 2017-2018, all money otherwise
allocated to a district or intermediate district under section 22a,
31a, 41, 51a, 56, 61a, 62, or 81 and former section 22b instead
shall be paid to the department of treasury for deposit into
pupils' education savings accounts under the Michigan parental
choice in education program act, as follows:
(a) Money otherwise payable under section 22a and former
section 22b to a district or intermediate district shall instead be
paid to the education savings account established under the
Michigan parental choice in education act of each pupil residing in
the district in an amount equal to the foundation allowance of the
district, as calculated under section 20.
(b) Money otherwise payable under section 31a to a district
shall instead be paid to the education savings account established
under the Michigan parental choice in education act of each pupil
residing in the district who meets the definition of an at-risk
pupil under section 31a in an amount equal to the quotient of the
total amount of money that would otherwise be allocated to the
district under that section divided by the number of pupils
residing in the district who meet the definition of an at-risk
pupil under section 31a.
(c) Money otherwise payable under section 41 to a district
shall instead be paid to the education savings account established
under the Michigan parental choice in education act of each pupil
residing in the district who is a pupil of limited English-speaking
ability under section 1153 of the revised school code, MCL
380.1153, in an amount equal to the quotient of the total amount of
money that would otherwise be allocated to the district under that
section divided by the number of pupils residing in the district
who are pupils of limited English-speaking ability under section
1153 of the revised school code, MCL 380.1153.
(d) Money otherwise payable under section 51a to a district or
intermediate district shall instead be paid to the education
savings account established under the Michigan parental choice in
education act of each pupil residing in the district who qualifies
for special education programs and services in an amount equal to
the quotient of the total amount of money that would otherwise be
allocated to the district under that section divided by the number
of pupils residing in the district who qualify for special
education programs and services.
(e) Money otherwise payable under section 56 to an
intermediate district shall instead be paid to the education
savings account established under the Michigan parental choice in
education act of each pupil residing in the intermediate district
who qualifies for special education programs and services in an
amount equal to the quotient of the total amount of money that
would otherwise be allocated to the intermediate district under
that section divided by the number of pupils residing in the
intermediate district who qualify for special education programs
and services.
(f) Money otherwise payable under section 61a to a district or
secondary area vocational-technical education center shall instead
be paid to the education savings account established under the
Michigan parental choice in education act of each pupil residing in
the district or in the territory served by the secondary area
vocational-technical education center on an equal per-pupil basis.
(g) Money otherwise payable under section 62 to an
intermediate district or area vocational-technical education
program established under section 690(3) of the revised school
code, MCL 380.690, shall instead be paid to the education savings
account established under the Michigan parental choice in education
act of each pupil residing in the intermediate district on an equal
per-pupil basis.
(h) Money otherwise payable under section 81 to an
intermediate district shall instead be paid to the education
savings account established under the Michigan parental choice in
education act of each pupil residing in the intermediate district
on an equal per-pupil basis.
(2) Beginning with the start of the 2017-2018 school year, as
provided under the Michigan parental choice in education program
act, the department of treasury shall make payments to districts
from pupils' education accounts for eligible services provided to
pupils, and districts shall fund their operations from these
payments. An intermediate district shall enter into contracts with
districts for each service the intermediate district provides for a
district, and shall charge a fee for each service as provided under
these contracts. An intermediate district shall fund its operations
from these fees. The money in the education accounts maintained
under the Michigan parental choice in education program act is
hereby appropriated for this purpose.
Sec. 31a. (1) From the state school aid fund money
appropriated in section 11, there is allocated for 2016-2017 an
amount not to exceed $389,695,500.00 for payments to eligible
districts, eligible public school academies, and the education
achievement system for the purposes of ensuring that pupils are
proficient in reading by the end of grade 3 and that high school
graduates are career and college ready and for the purposes under
subsections (7) and (8). Beginning in 2017-2018, the allocations
that would otherwise be made under this section to eligible
districts and eligible public school academies shall instead be
paid to the department of treasury for deposit into pupils'
education accounts under the Michigan parental choice in education
program act, as provided under section 22e.
(2)
For a district or public school academy, or the education
achievement
system, to be eligible to receive funding under this
section,
other than funding under subsection (7) or (8), the sum of
the
district's or public school academy's or the education
achievement
system's combined state and local revenue per
membership
pupil in the current state fiscal year, as calculated
under
section 20, must be less than or equal to the basic
foundation
allowance under section 20 for the current state fiscal
year.
(3)
For a district or public school academy that operates
grades
K to 3, or the education achievement system, to be eligible
to
receive funding under this section, other than funding under
subsection
(7) or (8), the district or public school academy, or
the
education achievement system, must implement, for at least
grades
K to 3, a multi-tiered system of supports 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. This multi-tiered system of supports must provide
at
least all of the following essential elements:
(a)
Implements effective instruction for all learners.
(b)
Intervenes early.
(c)
Provides a multi-tiered model of instruction and
intervention
that provides the following:
(i) A core curriculum and classroom interventions
available to
all
pupils that meet the needs of most pupils.
(ii) Targeted group interventions.
(iii) Intense individual interventions.
(d)
Monitors pupil progress to inform instruction.
(e)
Uses data to make instructional decisions.
(f)
Uses assessments including universal screening,
diagnostics,
and progress monitoring.
(g)
Engages families and the community.
(h)
Implements evidence-based, scientifically validated,
instruction
and intervention.
(i)
Implements instruction and intervention practices with
fidelity.
(j)
Uses a collaborative problem-solving model.
(4)
Except as otherwise provided in this subsection, an
eligible
district or eligible public school academy or the
education
achievement system shall receive under this section for
each
membership pupil in the district or public school academy or
the
education achievement system who met the income eligibility
criteria
for free breakfast, lunch, or milk, as determined under
the
Richard B. Russell national school lunch act, 42 USC 1751 to
1769,
and as reported to the department in the form and manner
prescribed
by the department not later than the fifth Wednesday
after
the pupil membership count day of the immediately preceding
fiscal
year and adjusted not later than December 31 of the
immediately
preceding fiscal year, an amount per pupil equal to
11.5%
of the sum of the district's foundation allowance or the
public
school academy's or the education achievement system's per
pupil
amount calculated under section 20 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
state
fiscal year, or of the public school academy's or the
education
achievement system's per membership pupil amount
calculated
under section 20 for the current state fiscal year.
However,
a public school academy that began operations as a public
school
academy, an achievement school that began operations as an
achievement
school, or a community district that first enrolls
pupils,
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, in the education
achievement
system, or in the community district who met the income
eligibility
criteria for free breakfast, lunch, or milk, as
determined
under the Richard B. Russell national school lunch act
and
as reported to the department not later than the fifth
Wednesday
after the pupil membership count day of the current
fiscal
year and adjusted not later than December 31 of the current
fiscal
year, an amount per pupil equal to 11.5% of the public
school
academy's, the education achievement system's, or the
community
district's per membership pupil amount calculated under
section
20 for the current state fiscal year.
(5)
Except as otherwise provided in this section, a district
or
public school academy, or the education achievement system,
receiving
funding under this section 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), (8), or (11). 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 met the income eligibility criteria for free
breakfast,
lunch, or milk in the immediately preceding state fiscal
year,
as determined and reported as described in subsection (4), or
the
education achievement system if it meets this requirement, may
use
not more than 20% of the funds it receives under this section
for
school security. A district, the public school academy, or the
education
achievement system shall not use any of that money for
administrative
costs. The instruction or direct noninstructional
services
provided under this section may be conducted before or
after
regular school hours or by adding extra school days to the
school
year.
(6)
A district or public school academy that receives funds
under
this section and that operates a school breakfast program
under
section 1272a of the revised school code, MCL 380.1272a, or
the
education achievement system if it operates a school breakfast
program,
shall use from the funds received under this section an
amount,
not to exceed $10.00 per pupil for whom the district or
public
school academy or the education achievement system receives
funds
under this section, necessary to pay for costs associated
with
the operation of the school breakfast program.
(2) An education service provider may receive money from a
pupil's education savings account established under the Michigan
parental choice in education act if that money is used for 1 or
more of the services approved by the department of treasury under
the Michigan parental choice in education act.
(3) (7)
From the funds allocated under
subsection (1), there
is allocated for 2016-2017 an amount not to exceed $5,557,300.00 to
support child and adolescent health centers. These grants shall be
awarded for 5 consecutive years beginning with 2003-2004 in a form
and manner approved jointly by the department and the department of
health and human services. Each grant recipient shall remain in
compliance with the terms of the grant award or shall forfeit the
grant award for the duration of the 5-year period after the
noncompliance. To continue to receive funding for a child and
adolescent health center under this section a grant recipient shall
ensure that the child and adolescent health center has an advisory
committee and that at least one-third of the members of the
advisory committee are parents or legal guardians of school-aged
children. A child and adolescent health center program shall
recognize the role of a child's parents or legal guardian in the
physical and emotional well-being of the child. Funding under this
subsection shall be used to support child and adolescent health
center services provided to children up to age 21. 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 (12) for that fiscal year.
(4) (8)
From the funds allocated under
subsection (1), there
is allocated for 2016-2017 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.
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.
(9)
Each district or public school academy receiving funds
under
this section and the education achievement system 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 or the education achievement system of funds under
this
section, which report shall include a brief description of
each
program conducted or services performed by the district or
public
school academy or the education achievement system using
funds
under this section, the amount of funds under this section
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. If a district or public
school
academy or the education achievement system does not comply
with
this subsection, the department shall withhold an amount equal
to
the August payment due under this section until the district or
public
school academy or the education achievement system complies
with
this subsection. If the district or public school academy or
the
education achievement system 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.
(10)
In order to receive funds under this section, a district
or
public school academy or the education achievement system 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 or the education
achievement
system shall reimburse the state for all disallowances
found
in the audit.
(11)
Subject to subsections (6), (7), and (8), a district may
use
up to 100% of the funds it receives under this section to
implement
schoolwide reform in schools with 40% or more of their
pupils
identified as at-risk pupils by providing instructional or
noninstructional
services consistent with the school improvement
plan.
(12)
If necessary, and before any proration required under
section
296, the department shall prorate payments under this
section
by reducing the amount of the per pupil payment under this
section
by a dollar amount calculated by determining the amount by
which
the amount necessary to fully fund the requirements of this
section
exceeds the maximum amount allocated under this section and
then
dividing that amount by the total statewide number of pupils
who
met the income eligibility criteria for free breakfast, lunch,
or
milk in the immediately preceding fiscal year, as described in
subsection
(4).
(13)
If a district is formed by consolidation after June 1,
1995,
and if 1 or more of the original districts were not eligible
before
the consolidation for an additional allowance under this
section,
the amount of the additional allowance under this section
for
the consolidated district shall be based on the number of
pupils
described in subsection (1) enrolled in the consolidated
district
who reside in the territory of an original district that
was
eligible before the consolidation for an additional allowance
under
this section. In addition, 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
meet
the income eligibility criteria for free breakfast, lunch, or
milk,
as described under subsection (4), 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 within 60 days after the school district is
declared
dissolved.
(5) (14)
As used in this section,
"at-risk pupil" means a
pupil for whom the district has documentation that the pupil meets
any of the following criteria:
(a) Is a victim of child abuse or neglect.
(b) Is a pregnant teenager or teenage parent.
(c) Has a family history of school failure, incarceration, or
substance abuse.
(d) 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.
(e) Is a pupil who is at risk of not meeting the district's
core academic curricular objectives in English language arts or
mathematics, as demonstrated on local assessments.
(f) The pupil is enrolled in a priority or priority-successor
school, as defined in the elementary and secondary education act of
2001 flexibility waiver approved by the United States Department of
Education.
(g) In the absence of state or local assessment data, the
pupil meets at least 2 of the following criteria, as documented in
a form and manner approved by the department:
(i) The pupil is eligible for free or reduced price breakfast,
lunch, or milk.
(ii) The pupil is absent more than 10% of enrolled days or 10
school days during the school year.
(iii) The pupil is homeless.
(iv) The pupil is a migrant.
(v) The pupil is an English language learner.
(vi) The pupil is an immigrant who has immigrated within the
immediately preceding 3 years.
(vii) 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.
(15)
Beginning in 2018-2019, if a district, public school
academy,
or the education achievement system does not demonstrate
to
the satisfaction of the department that at least 50% of at-risk
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 and demonstrate to the satisfaction of the department
improvement
over each of the 3 immediately preceding school years
in
the percentage of at-risk 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, public school academy, or
education
achievement system shall ensure all of the following:
(a)
The district, public school academy, or the education
achievement
system shall determine the proportion of total at-risk
pupils
that represents the number of pupils in grade 3 that are not
proficient
in English language arts by the end of grade 3, and the
district,
public school academy, or the education achievement
system
shall expend that same proportion multiplied by 1/2 of its
total
at-risk funds under this section on tutoring and other
methods
of improving grade 3 English language arts proficiency.
(b)
The district, public school academy, or the education
achievement
system shall determine the proportion of total at-risk
pupils
that represent the number of 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,
public school academy, or the education achievement
system
shall expend that same proportion multiplied by 1/2 of its
total
at-risk funds under this section on tutoring and other
activities
to improve scores on the college entrance examination
portion
of the Michigan merit examination.
(16)
As used in subsection (15), "total at-risk pupils" means
the
sum of the number of pupils in grade 3 that are not proficient
in
English language arts by the end of third grade as measured on
the
state assessment and the number of 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.
(6) (17)
A district or public school academy
that receives
funds under this section or the education achievement system may
use funds received under this section to provide an anti-bullying
or crisis intervention program.
(7) (18)
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 reading at grade
level.
Sec. 41. (1) From the appropriation in section 11, there is
allocated an amount not to exceed $1,200,000.00 for 2016-2017 to
applicant districts and intermediate districts offering programs of
instruction for pupils of limited English-speaking ability under
section 1153 of the revised school code, MCL 380.1153.
Reimbursement shall be on a per-pupil basis and shall be based on
the number of pupils of limited English-speaking ability in
membership on the pupil membership count day. Funds allocated under
this section shall be used solely for instruction in speaking,
reading, writing, or comprehension of English. A pupil shall not be
counted under this section or instructed in a program under this
section for more than 3 years.
(2) Beginning in 2017-2018, the allocations that would
otherwise be made under this section to districts and intermediate
districts shall instead be paid to the department of treasury for
deposit into pupils' education savings accounts under the Michigan
parental choice in education program act, as provided under section
22e.
Sec. 51a. (1) From the appropriation in section 11, there is
allocated an amount not to exceed $945,246,100.00 for 2015-2016 and
an amount not to exceed $973,046,100.00 for 2016-2017 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
2015-2016 and for 2016-2017, plus any carryover federal funds from
previous
year appropriations. 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 380.1766; 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 380.1766. 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, estimated at $263,500,000.00 for
2015-2016
and estimated at $271,600,000.00 for 2016-2017, 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) 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). 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 2015-2016 an amount not to exceed $1,000,000.00 and
there
is allocated for 2016-2017 an amount not to exceed
$1,100,000.00
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 2015-2016 and
for
2016-2017 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
2015-2016 and for 2016-2017 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.
(2) (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 reimbursement for ancillary and other
related services, as defined by R 340.1701c of the Michigan
administrative
code, 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.
(3) (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 $3,800,000.00 for
2015-2016
and estimated at $3,700,000.00 for 2016-2017, 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 enrolls pursuant to 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
provision of special education programs and services and the
payment
of the added costs of special education programs and
services
for the pupil are the responsibility of the district and
intermediate
district in which the pupil resides unless the
enrolling
district or intermediate district has a written agreement
with
the district or intermediate district in which the pupil
resides
or the public school academy for the purpose of providing
the
pupil with a free appropriate public education and the written
agreement
includes at least an agreement on the responsibility for
the
payment of the added costs of special education programs and
services
for the pupil.
(15)
Beginning in 2016-2017, a district, public school
academy,
or intermediate district that fails to comply with
subsection
(14) or with the requirements of federal regulations
regarding
the treatment of public school academies and public
school
academy pupils for the purposes of special education, 34 CFR
300.209,
forfeits from its total state aid an amount equal to 10%
of
its total state aid.
(4) Beginning in 2017-2018, the allocations that would
otherwise be made under this section to districts and intermediate
districts shall instead be paid to the department of treasury for
deposit into pupils' education savings accounts under the Michigan
parental choice in education program act, as provided under section
22e.
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 380.1743, 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 380.1743, membership and taxable value
of
the district shall not be included in the membership and taxable
value
of the intermediate district.
(1) (2)
From the allocation under section
51a(1), there is
allocated an amount not to exceed $37,758,100.00 each fiscal year
for
2015-2016 and for 2016-2017. to reimburse intermediate
districts
levying millages for special education pursuant to part
30
of the revised school code, MCL 380.1711 to 380.1743. 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 380.1766. 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 2014-2015 shall
be
made in 2015-2016 at an amount per 2014-2015 membership pupil
computed
by subtracting from $175,300.00 the 2014-2015 taxable
value
behind each membership pupil and multiplying the resulting
difference
by the 2014-2015 millage levied.
(4)
Reimbursement for those millages levied in 2015-2016 shall
be
made in 2016-2017 at an amount per 2015-2016 membership pupil
computed
by subtracting from $179,600.00 the 2015-2016 taxable
value
behind each membership pupil and multiplying the resulting
difference
by the 2015-2016 millage levied.
(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).
(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.
(2) Beginning in 2017-2018, the allocations that would
otherwise be made under this section to districts and intermediate
districts shall instead be paid to the department of treasury for
deposit into pupils' education savings accounts under the Michigan
parental choice in education program act, as provided under section
22e.
Sec. 61a. (1) From the appropriation in section 11, there is
allocated an amount not to exceed $36,611,300.00 for 2016-2017 for
the
purposes of this section. 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 subsection (1),
from
the general fund money appropriated in section 11, there is
allocated
for 2016-2017 an amount not to exceed $79,000.00 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.
(2) Beginning in 2017-2018, the allocations that would
otherwise be made under this section to districts and intermediate
districts shall instead be paid to the department of treasury for
deposit into pupils' education savings accounts under the Michigan
parental choice in education program act, as provided under section
22e.
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.
(1) (2)
From the appropriation in section
11, there is
allocated an amount not to exceed $9,190,000.00 each fiscal year
for
2015-2016 and for 2016-2017. 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 the millages levied in 2014-2015 shall
be
made in 2015-2016 at an amount per 2014-2015 membership pupil
computed
by subtracting from $192,200.00 the 2014-2015 taxable
value
behind each membership pupil and multiplying the resulting
difference
by the 2014-2015 millage levied.
(4)
Reimbursement for the millages levied in 2015-2016 shall
be
made in 2016-2017 at an amount per 2015-2016 membership pupil
computed
by subtracting from $196,300.00 the 2015-2016 taxable
value
behind each membership pupil and multiplying the resulting
difference
by the 2015-2016 millage levied.
(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).
(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.
(2) Beginning in 2017-2018, the allocations that would
otherwise be made under this section to intermediate districts and
area vocational-technical education programs established under
section 690(3) of the revised school code, MCL 380.690, shall
instead be paid to the department of treasury for deposit into
pupils' education savings accounts under the Michigan parental
choice in education program act, as provided under section 22e.
Sec.
81. (1) From the appropriation in section 11, there is
allocated
for 2016-2017 to the intermediate districts the sum
necessary,
but not to exceed $67,108,000.00 to provide state aid to
intermediate
districts under this section.
(1) (2)
From the allocation in subsection
(1), there is
allocated for 2016-2017 an amount not to exceed $67,108,000.00 for
allocations
under this section. to each intermediate district in an
amount
equal to 100% of the amount allocated to the intermediate
district
under this subsection for 2015-2016. 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 subsection
(2)
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 subsection (2), 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.
(f)
Comply with section 761 of the revised school code, MCL
380.761.
(2) Beginning in 2017-2018, the allocations that would
otherwise be made under this section to intermediate districts
shall instead be paid to the department of treasury for deposit
into pupils' education savings accounts under the Michigan parental
choice in education program act, as provided under section 22e.
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
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
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 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.
(1) (3)
Except as otherwise provided in subsections
(11) and
(12),
this section, 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)
(7) 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, 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) (7) 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).(4).
(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.
(f) (j)
The superintendent shall promulgate
rules for the
implementation of this subsection.
(2) (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.
(3) (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).(1).
(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), (1), 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) (1) in a school year, including hours and days
counted
under subsection (4).(2).
(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) (1) in
a
school year, including hours and days counted under subsection
(4).(2).
(5) (7)
In providing the minimum number of
hours and days of
pupil
instruction required under subsection (3), (1), 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, shall be 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 Junior Reserve Officer
Training Corps (JROTC) program shall be 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 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.
(6) (8)
Except as otherwise provided in subsections
(11) and
(12),
this section, the department shall apply the guidelines under
subsection
(7) (5) in calculating the full-time equivalency of
pupils.
(7) (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) (1) 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 shall be 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). (1).
Pupils enrolled in
a department-approved alternative education program under this
subsection shall be reported 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)
Until 2014-2015, a district may count up to 38 hours of
qualifying
professional development for teachers as hours of pupil
instruction.
However, if a collective bargaining agreement that
provides
for the counting of up to 38 hours of qualifying
professional
development for teachers as pupil instruction is in
effect
for employees of a district as of July 1, 2013, then until
the
school year that begins after the expiration of that collective
bargaining
agreement a district may count up to the contractually
specified
number of hours of qualifying professional development
for
teachers as hours of pupil instruction. 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 shall include the Michigan Virtual School. As used
in
this subsection, "qualifying professional development" means
professional
development that is focused on 1 or more of the
following:
(a)
Achieving or improving adequate yearly progress as defined
under
the no child left behind act of 2001, Public Law 107-110.
(b)
Achieving accreditation or improving a school's
accreditation
status under section 1280 of the revised school code,
MCL
380.1280.
(c)
Achieving highly qualified teacher status as defined under
the
no child left behind act of 2001, Public Law 107-110.
(d)
Integrating technology into classroom instruction.
(e)
Maintaining teacher certification.
(8) (11)
Subsections (3) and (8) (1) and (6) do not apply to a
school of excellence 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.
(9) (12)
Subsections (3) and (8) (1) and (6) 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.
(10) (13)
Beginning in 2013, 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.
Enacting section 1. Sections 6a, 6b, 22b, 25e, 105, 105b,
105c, and 106 of the state school aid act of 1979, 1979 PA 94, MCL
388.1606a, 388.1606b, 388.1622b, 388.1625e, 388.1705, 388.1705b,
388.1705c, and 288.1706, are repealed effective October 1, 2017.
Enacting section 2. Sections 6, 20, 22a, and 101 of the state
school aid act of 1979, 1979 PA 94, MCL 388.1606, 388.1620,
338.1622a, and 388.1701, as amended by this amendatory act, take
effect October 1, 2017.
Enacting section 3. This amendatory act does not take effect
unless all of the following bills of the 98th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No.____ (request no.
05943'16).
(b) Senate Bill No.____ or House Bill No.____ (request no.
06481'16).
(c) Senate Bill No.____ or House Bill No.____ (request no.
06483'16).
(d) Senate Bill No.____ or House Bill No.____ (request no.
06484'16).
