House Introduced Bill 5802

HOUSE BILL No. 5802

May 17, 2000, Introduced by Reps. Geiger and Allen and referred to the Committee on Education.

A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending sections 5, 1229, 1277, and 1473 (MCL 380.5,

380.1229, 380.1277, and 380.1473), section 5 as amended by 1999

PA 23, section 1229 as added by 1995 PA 289, section 1277 as

amended by 1997 PA 179, and section 1473 as added by 1996 PA 159,

and by adding sections 1238, 1280b, and 1282a and part 20B.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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Sec. 5. (1) "Local act school district" or "special act

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school district" means a district governed by a special or local

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act or chapter of a local act. "Local school district" and

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"local school district board" as used in article 3 include a

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local act school district and a local act school district board.

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(2) "Membership" means the number of full-time equivalent

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pupils in a public school as determined by the number of pupils

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registered for attendance plus pupils received by transfer and

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minus pupils lost as defined by rules promulgated by the state

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board SUPERINTENDENT OF PUBLIC INSTRUCTION.

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(3) "Nonpublic school" means a private, denominational, or

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parochial school.

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(4) "Objectives" means measurable pupil academic skills and

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knowledge.

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(5) "Public school" means a public elementary or secondary

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educational entity or agency that is established under this act,

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has as its primary mission the teaching and learning of academic

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and vocational-technical skills and knowledge, and is operated by

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a school district, local act school district, special act school

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district, intermediate school district, public school academy

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corporation, strict discipline academy corporation, or by the

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department or state board. Public school also includes THE

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MICHIGAN VIRTUAL HIGH SCHOOL UNDER PART 20B, AND a laboratory

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school or other elementary or secondary school that is controlled

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and operated by a state public university described in section 4,

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5, or 6 of article VIII of the state constitution of 1963.

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(6) "Public school academy" means a public school academy

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established under part 6a and, except as used in part 6a, also

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includes a strict discipline academy established under sections

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1311b to 1311l.

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(7) "Pupil membership count day" of a school district means

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that term as defined in section 6 of the state school aid act of

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1979, MCL 388.1606.

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(8) "Reorganized intermediate school district" means an

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intermediate school district formed by consolidation or

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annexation of 2 or more intermediate school districts under sec-

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tions 701 and 702.

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(9) "Rule" means a rule promulgated pursuant to the adminis-

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trative procedures act of 1969, 1969 PA 306, MCL 24.201 to

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24.328.

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Sec. 1229. (1) The board of a school district, other than a

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school district that was organized as a primary school district

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during the 1995-1996 school year, or intermediate school district

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shall employ a superintendent of schools, who shall meet the

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requirements of section 1246. The superintendent shall not be a

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member of the board. Employment of a superintendent shall be by

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written contract. The term of the superintendent's contract

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shall be fixed by the board, not to exceed 5 years. If written

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notice of nonrenewal of the contract of a superintendent is not

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given at least 90 days before the termination of the contract,

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the contract is renewed for an additional 1-year period.

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(2) The board of a school district or intermediate school

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district may employ assistant superintendents, principals,

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assistant principals, guidance directors, and other administra-

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tors who do not assume tenure in that position under Act No. 4

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of the Public Acts of the Extra Session of 1937, being

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sections 38.71 to 38.191 of the Michigan Compiled Laws 1937 (EX

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SESS) PA 4, MCL 38.71 TO 38.191. The employment shall be by

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written contract . AND IS SUBJECT TO ALL OF THE FOLLOWING:

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(A) THE TERM OF THE EMPLOYMENT CONTRACT FOR A SCHOOL

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PRINCIPAL SHALL BE AT LEAST 2 YEARS AND SHALL NOT EXCEED 3

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YEARS. SUBJECT TO SECTION 1238, THE BOARD SHALL PRESCRIBE THE

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DUTIES OF A SCHOOL PRINCIPAL. IF WRITTEN NOTICE OF NONRENEWAL OF

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A SCHOOL PRINCIPAL'S CONTRACT IS NOT GIVEN AT LEAST 90 DAYS

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BEFORE THE TERMINATION DATE OF THE CONTRACT, THE CONTRACT IS

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RENEWED FOR AN ADDITIONAL 1-YEAR PERIOD.

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(B) The term of the employment contract FOR AN ADMINISTRATOR

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DESCRIBED IN THIS SUBSECTION OTHER THAN A SCHOOL PRINCIPAL shall

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be fixed by the board, not to exceed 3 years. The board shall

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prescribe the duties of a person described in this subsection

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SUBDIVISION. If written notice of nonrenewal of the contract of

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a person described in this subsection SUBDIVISION is not given

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at least 60 days before the termination date of the contract, the

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contract is renewed for an additional 1-year period.

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(3) A notification of nonrenewal of contract of a person

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described in subsection (2) may be given only for a reason that

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is not arbitrary or capricious. The board shall not issue a

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notice of nonrenewal under this section unless the affected

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person has been provided with not less than 30 days' advance

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notice that the board is considering the nonrenewal together with

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a written statement of the reasons the board is considering the

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nonrenewal. After the issuance of the written statement, but

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before the nonrenewal statement is issued, the affected person

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shall be given the opportunity to meet with not less than a

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majority of the board to discuss the reasons stated in the

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written statement. The meeting shall be open to the public or a

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closed session, as the affected person elects under section 8 of

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the open meetings act, Act No. 267 of the Public Acts of 1976,

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being section 15.268 of the Michigan Compiled Laws 1976 PA 267,

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MCL 15.268. If the board fails to provide for a meeting with the

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board, or if a court finds that the reason for nonrenewal is

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arbitrary or capricious, the affected person's contract is

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renewed for an additional 1-year period. This subsection does

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not apply to the nonrenewal of the contract of a superintendent

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of schools described in subsection (1).

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SEC. 1238. (1) SUBJECT TO SUBSECTION (2), THE BOARD OF A

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SCHOOL DISTRICT, LOCAL ACT SCHOOL DISTRICT, OR INTERMEDIATE

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SCHOOL DISTRICT OR BOARD OF DIRECTORS OF A PUBLIC SCHOOL ACADEMY

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SHALL ENSURE THAT EACH SCHOOL PRINCIPAL IT EMPLOYS HAS AT LEAST

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ALL OF THE FOLLOWING POWERS AND DUTIES:

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(A) THE RIGHT TO HIRE AND ASSIGN DUTIES TO ALL STAFF

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EMPLOYED AT OR ASSIGNED TO THE SCHOOL. THIS INCLUDES, BUT IS NOT

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LIMITED TO, THE RIGHT TO REFUSE TO HAVE A PARTICULAR STAFF MEMBER

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ASSIGNED TO THAT SCHOOL. THIS SUBDIVISION DOES NOT APPLY TO

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STAFF ASSIGNED ON A REGULAR BASIS TO MORE THAN 1 SCHOOL.

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(B) THE RIGHT TO ESTABLISH AT THE SCHOOL A METHOD OF COMPEN-

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SATION BASED ON JOB PERFORMANCE AND JOB ACCOMPLISHMENTS AND TO

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ESTABLISH OTHER INCENTIVES TO REWARD STAFF AT THE SCHOOL FOR HIGH

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PUPIL ACHIEVEMENT.

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(C) THE RIGHT TO SUBMIT TO THE BOARD OR BOARD OF DIRECTORS

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AT A PUBLIC MEETING HELD BEFORE THE BEGINNING OF ANNUAL BUDGET

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DELIBERATIONS A PROPOSED BUDGET FOR THE SCHOOL.

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(D) THE RIGHT TO CONTROL THE EXPENDITURE OF DISCRETIONARY

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FUNDS WITHIN THE SCHOOL'S BUDGET.

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(E) THE RIGHT TO REVIEW AND TO MODIFY OR REJECT A SCHOOL

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IMPROVEMENT PLAN DEVELOPED FOR THE SCHOOL UNDER SECTION 1277 OR

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UNDER ANY OTHER AUTHORITY.

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(F) THE RIGHT TO BE COMPENSATED ACCORDING TO HIS OR HER JOB

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PERFORMANCE AND TO EARN INCENTIVES FOR HIGH PUPIL ACHIEVEMENT.

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(2) UNTIL THE EXPIRATION OF A COLLECTIVE BARGAINING AGREE-

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MENT IN EFFECT FOR A SCHOOL DISTRICT, LOCAL ACT SCHOOL DISTRICT,

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INTERMEDIATE SCHOOL DISTRICT, OR PUBLIC SCHOOL ACADEMY AS OF THE

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EFFECTIVE DATE OF THIS SECTION, THE APPLICABILITY OF THIS SECTION

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TO THAT SCHOOL DISTRICT, LOCAL ACT SCHOOL DISTRICT, INTERMEDIATE

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SCHOOL DISTRICT, OR PUBLIC SCHOOL ACADEMY IS SUBJECT TO THAT COL-

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LECTIVE BARGAINING AGREEMENT.

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Sec. 1277. (1) Considering criteria established by the

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state board, in addition to the requirements specified in section

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1280 for accreditation under that section, if the board of a

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school district wants all of the schools of the school district

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to be accredited under section 1280, the board shall adopt and

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implement and, not later than September 1 each year, shall make

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available to the department a copy of a 3- to 5-year school

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improvement plan and continuing school improvement process for

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each school within the school district. The school improvement

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plans shall include, but are not limited to, a mission statement,

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goals based on student academic objectives for all students, cur-

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riculum alignment corresponding with those goals, evaluation

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processes, staff development, development and utilization of

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community resources and volunteers, the role of adult and

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community education, libraries and community colleges in the

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learning community, and building level decision making. School

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board members, school building administrators, teachers and other

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school employees, pupils, parents of pupils attending that

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school, and other residents of the school district shall be

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invited and allowed to voluntarily participate in the develop-

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ment, review, and evaluation of the district's school improvement

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plans. BEFORE A SCHOOL IMPROVEMENT PLAN FOR A SCHOOL IS FINAL-

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IZED, THE PLAN SHALL BE SUBMITTED TO THE SCHOOL PRINCIPAL FOR HIS

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OR HER REVIEW FOR THE PURPOSES OF SUBSECTION (3). Upon request of

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the board of a school district, the department and the intermedi-

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ate school district shall assist the school district in the

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development and implementation of district school improvement

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plans. Educational organizations may also provide assistance for

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these purposes. School improvement plans described in this sec-

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tion shall be updated annually by each school and by the board of

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the school district.

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(2) School improvement plans shall include at least all of

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the following additional matters:

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(a) Goals centered on student academic learning.

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(b) Strategies to accomplish the goals.

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(c) Evaluation of the plan.

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(d) Development of alternative measures of assessment that

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will provide authentic assessment of pupils' achievements,

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skills, and competencies.

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(e) Methods for effective use of technology as a way of

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improving learning and delivery of services and for integration

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of evolving technology in the curriculum.

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(f) Ways to make available in as many fields as practicable

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opportunities for structured on-the-job learning, such as appren-

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ticeships and internships, combined with classroom instruction.

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(3) A SCHOOL IMPROVEMENT PLAN UNDER THIS SECTION IS SUBJECT

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TO MODIFICATION OR REJECTION BY THE SCHOOL PRINCIPAL, AS PROVIDED

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UNDER SECTION 1238.

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(4) (3) Each intermediate school board shall adopt and

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implement and, not later than September 1 each year, shall make

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available to the department a copy of a 3- to 5-year intermediate

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school district school improvement plan and continuing school

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improvement process for the intermediate school district.

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Constituent and intermediate school board members, school build-

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ing administrators, teachers and other school employees, pupils,

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parents of pupils, and residents of the intermediate school dis-

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trict shall be invited and allowed to voluntarily participate in

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the development, review, and evaluation of the intermediate

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school district's school improvement plan. Upon request of the

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intermediate school board, the department shall assist the inter-

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mediate school district in the development and implementation of

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an intermediate school district school improvement plan. An

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intermediate school district school improvement plan described in

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this section shall be updated annually by the intermediate school

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board. An intermediate school district school improvement plan

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shall include at least all of the following:

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(a) Methods to assist SCHOOL districts AND PUBLIC SCHOOL

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ACADEMIES in improving pupils' academic learning.

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(b) Assurance that all pupils WITHIN THE INTERMEDIATE SCHOOL

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DISTRICT have reasonable access to all programs offered by the

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intermediate school district, including, but not limited to,

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transportation if necessary.

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(c) A plan for professional development that supports aca-

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demic learning.

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(d) Methods to assist school districts AND PUBLIC SCHOOL

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ACADEMIES in integrating applied academics and career and

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employability skills into all curricular areas.

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(e) Ways to make available in as many fields as practicable

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opportunities for structured on-the-job learning, such as appren-

14
ticeships and internships, combined with classroom instruction.

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(f) Collaborative efforts with supporting agencies that

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enhance academic learning.

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(g) Long-range cost containment measures, including addi-

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tional services that might be provided at reduced costs by the

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intermediate school district or through cooperative programs, and

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cost reduction programs such as interdistrict cooperation in spe-

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cial education and other programs and services.

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(h) To the extent that it would improve school effective-

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ness, specific recommendations on consolidation or enhanced

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interdistrict cooperation, or both, along with possible sources

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of revenue.

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(i) Evaluation of the plan.

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(5) (4) The state board shall annually review a random

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sampling of school improvement plans. Based on its review, the

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state board shall annually submit a report on school improvement

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activities planned and accomplished by each of the school dis-

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tricts and intermediate school districts that were part of the

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sampling to the senate and house committees that have the respon-

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sibility for education legislation.

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SEC. 1280B. (1) THE BOARD OF A SCHOOL DISTRICT, OR BOARD OF

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DIRECTORS OF A PUBLIC SCHOOL ACADEMY THAT OPERATES ANY OF GRADES

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1 TO 5, SHALL ADMINISTER AT LEAST 1 OF THE FOLLOWING ASSESSMENTS

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EACH SCHOOL YEAR TO ALL PUPILS IN GRADES 1 TO 5:

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(A) METROPOLITAN ACHIEVEMENT TEST.

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(B) IOWA TEST OF BASIC SKILLS.

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(C) STANFORD ACHIEVEMENT TEST.

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(D) CALIFORNIA ACHIEVEMENT TEST.

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(E) ANOTHER SIMILAR ASSESSMENT APPROVED BY THE SUPERINTEN-

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DENT OF PUBLIC INSTRUCTION AT THE REQUEST OF THE SCHOOL DISTRICT

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OR PUBLIC SCHOOL ACADEMY.

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(2) IF A SCHOOL IS DESIGNATED FOR PARTICIPATION IN THE

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NATIONAL ASSESSMENT OF EDUCATION PROGRESS PROGRAM, THE SCHOOL

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SHALL PARTICIPATE AS DESIGNATED.

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(3) AN ELEMENTARY SCHOOL THAT IS NOT IN COMPLIANCE WITH SUB-

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SECTION (1) OR A SCHOOL THAT DOES NOT COMPLY WITH SUBSECTION (2)

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SHALL NOT BE ACCREDITED UNDER SECTION 1280.

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SEC. 1282A. IN ORDER TO COMPLY WITH SECTION 1282(2), IF A

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PUPIL IN GRADE 4 FAILS BY THE END OF THAT SCHOOL YEAR TO MEET

27
STANDARDS FOR BASIC LITERACY SKILLS ESTABLISHED AND PUBLISHED BY

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THE SUPERINTENDENT OF PUBLIC INSTRUCTION, THE BOARD OF THE

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PUPIL'S SCHOOL DISTRICT SHALL PROVIDE THE PUPIL WITH THE OPPORTU-

3
NITY TO ATTEND SUMMER SCHOOL IN LANGUAGE ARTS BEFORE GRADE 5.

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FOR THE PURPOSES OF THIS SECTION, A PUPIL'S LITERACY SKILLS SHALL

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BE MEASURED BY EITHER THE GRADE 4 MICHIGAN EDUCATION ASSESSMENT

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PROGRAM TESTS, THE MICHIGAN LITERACY PROFILE PROGRAM, OR ANOTHER

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ASSESSMENT ADOPTED BY THE SCHOOL DISTRICT FOR THIS PURPOSE AND

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APPROVED BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION.

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PART 14A 20A

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COLLEGE LEVEL EQUIVALENT COURSES AND CREDIT

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Sec. 1473. (1) The board of a school district, or BOARD

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OF DIRECTORS OF A public school academy, or governing board of a

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nonpublic school shall consider providing college level equiva-

14
lent courses either directly, through an intermediate district

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program, or by agreement in a consortium or cooperative program.

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(2) IF A PUBLIC SCHOOL PUPIL COMPLETES A COLLEGE LEVEL

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EQUIVALENT COURSE THAT IS OFFERED OVER THE INTERNET BY A SCHOOL

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DISTRICT, A REGIONALLY ACCREDITED COLLEGE OR UNIVERSITY, OR THE

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MICHIGAN VIRTUAL HIGH SCHOOL DESCRIBED IN SECTION 1481, THE

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SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY IN WHICH THE PUPIL IS

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ENROLLED SHALL GRANT APPROPRIATE HIGH SCHOOL CREDIT FOR COMPLE-

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TION OF THE COURSE, SHALL COUNT THAT CREDIT TOWARD THE GRADUATION

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AND SUBJECT AREA REQUIREMENTS OF THE SCHOOL DISTRICT OR PUBLIC

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SCHOOL ACADEMY, AND SHALL REIMBURSE THE PUPIL FOR THE COST OF

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TUITION AND TEXTBOOKS FOR THE COURSE, IF ANY.

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PART 20B

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MICHIGAN VIRTUAL HIGH SCHOOL

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SEC. 1481. (1) NOT LATER THAN THE BEGINNING OF THE

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2000-2001 SCHOOL YEAR, THE MICHIGAN VIRTUAL UNIVERSITY SHALL

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DEVELOP, IMPLEMENT, AND OPERATE THE MICHIGAN VIRTUAL HIGH SCHOOL,

6
AS DESCRIBED IN THIS SECTION.

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(2) THE MICHIGAN VIRTUAL HIGH SCHOOL SHALL HAVE THE FOLLOW-

8
ING GOALS:

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(A) SIGNIFICANTLY EXPAND CURRICULAR OFFERINGS FOR HIGH

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SCHOOLS ACROSS THIS STATE THROUGH AGREEMENTS WITH SCHOOL DIS-

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TRICTS OR LICENSES FROM OTHER RECOGNIZED PROVIDERS.

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(B) CREATE A STATEWIDE INSTRUCTIONAL MODEL USING INTERACTIVE

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MULTIMEDIA INTERNET-BASED TOOLS FOR DISTRIBUTED LEARNING AT THE

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HIGH SCHOOL LEVEL.

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(C) PROVIDE PUPILS WITH OPPORTUNITIES TO DEVELOP SKILLS AND

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COMPETENCIES THROUGH ON-LINE LEARNING.

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(D) OFFER HIGH SCHOOL TEACHERS OPPORTUNITIES TO LEARN NEW

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SKILLS AND STRATEGIES FOR DEVELOPING AND DELIVERING INSTRUCTIONAL

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SERVICES.

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(E) ACCELERATE THIS STATE'S ABILITY TO RESPOND TO CURRENT

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AND EMERGING EDUCATIONAL DEMANDS.

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(F) GRANT HIGH SCHOOL DIPLOMAS THROUGH A DUAL ENROLLMENT

23
METHOD WITH SCHOOL DISTRICTS OR POSTSECONDARY INSTITUTIONS.

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(G) ACT AS A BROKER FOR COLLEGE LEVEL EQUIVALENT COURSES, AS

25
DEFINED IN SECTION 1471, AND DUAL ENROLLMENT COURSES FROM POST-

26
SECONDARY EDUCATION INSTITUTIONS.

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(3) THE MICHIGAN VIRTUAL HIGH SCHOOL COURSE OFFERINGS SHALL

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INCLUDE, BUT ARE NOT LIMITED TO, ALL OF THE FOLLOWING:

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(A) INFORMATION TECHNOLOGY COURSES.

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(B) COLLEGE LEVEL EQUIVALENT COURSES, AS DEFINED IN SECTION

5
1471.

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(C) COURSES AND DUAL ENROLLMENT OPPORTUNITIES DESIGNED FOR

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COLLEGE-BOUND JUNIORS AND SENIORS.

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(D) AT-RISK PROGRAMS AND SERVICES.

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(E) GENERAL EDUCATION DEVELOPMENT TEST PREPARATION COURSES

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FOR ADJUDICATED YOUTH.

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(F) SPECIAL INTEREST COURSES.

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(G) PROFESSIONAL DEVELOPMENT PROGRAMS AND SERVICES FOR

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TEACHERS.

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(4) THE MICHIGAN VIRTUAL UNIVERSITY SHALL FUND THE MICHIGAN

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VIRTUAL HIGH SCHOOL FROM APPROPRIATIONS MADE FOR THIS PURPOSE AND

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MAY ALSO USE FUNDS RECEIVED FROM OTHER SOURCES. THE DEPARTMENT

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SHALL PROVIDE TECHNICAL ASSISTANCE AS REQUESTED BY THE MICHIGAN

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VIRTUAL UNIVERSITY FOR THE PURPOSES OF THIS SECTION.

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