HOUSE BILL No. 6458 September 24, 2002, Introduced by Reps. Hart, Godchaux and Scranton 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 3, 67, 68, 94a, 98, 104a, 107, and 108 (MCL 388.1603, 388.1667, 388.1668, 388.1694a, 388.1698, 388.1704a, 388.1707, and 388.1708), section 3 as amended by 2000 PA 297 and sections 67, 68, 94a, 98, 104a, 107, and 108 as amended by 2002 PA 521. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 3. (1) "Average daily attendance", for the purposes of 2 complying with federal law, means 92% of the membership as 3 defined in section 6(4). 4 (2) "Board" means the governing body of a district or public 5 school academy. 6 (3) "Cooperative education program" means a written 7 voluntary agreement between and among districts to provide 07908'02 TAV 2 1 certain educational programs for pupils in certain groups of 2 districts. The written agreement shall be approved by all 3 affected districts at least annually and shall specify the educa- 4 tional programs to be provided and the estimated number of pupils 5 from each district who will participate in the educational 6 programs. 7 (4) "Department", except in sections 67, 68, 107, and8108,means the department of education. 9 (5) "District" means a local school district established 10 under the revised school code, a local act school district, or, 11 except in sections 6(4), 6(6), 13, 20, 22a, 23, 31a, 32f, 105, 12 and 105c, a public school academy. Except in sections 6(4), 13 6(6), 13, 20, 22a, 105, and 105c, district also includes a uni- 14 versity school. 15 (6) "District of residence", except as otherwise provided in 16 this subsection, means the district in which a pupil's custodial 17 parent or parents or legal guardian resides. For a pupil 18 described in section 24b, the pupil's district of residence is 19 the district in which the pupil enrolls under that section. For 20 a pupil described in section 6(4)(d), the pupil's district of 21 residence shall be considered to be the district or intermediate 22 district in which the pupil is counted in membership under that 23 section. For a pupil under court jurisdiction who is placed out- 24 side the district in which the pupil's custodial parent or par- 25 ents or legal guardian resides, the pupil's district of residence 26 shall be considered to be the educating district or educating 27 intermediate district. 07908'02 3 1 (7) "District superintendent" means the superintendent of a 2 district, the chief administrator of a public school academy, or 3 the chief administrator of a university school. 4 Sec. 67. (1) From the general fund appropriation in section 5 11, there is allocated an amount not to exceed $350,000.00 each 6 fiscal year for 2001-2002, for 2002-2003, and for 2003-2004 for 7 Michigan career preparation system grants under this section. 8 (2) From the allocation in subsection (1), there is allo- 9 cated $150,000.00 each fiscal year for 2001-2002, for 2002-2003, 10 and for 2003-2004 to the department to identify uniform career 11 competency standards and assessments for career clusters, to 12 establish a statewide information system on current and antici- 13 pated employment opportunities and the required level of skills 14 and education required for employment. 15 (3) From the allocation in subsection (1), there is allo- 16 cated $100,000.00 each fiscal year for 2001-2002, for 2002-2003, 17 and for 2003-2004 to the department to provide information to 18 parents, pupils, school personnel, employers, and others regard- 19 ing opportunities to receive integrated academic and technical 20 preparation in the public schools of this state. 21 (4) From the allocation in subsection (1), there is allo- 22 cated $100,000.00 each fiscal year for 2001-2002, for 2002-2003, 23 and for 2003-2004 to the department to provide technical assist- 24 ance to eligible education agencies and workforce development 25 boards. 26 (5) As used in this section and in section 68: 07908'02 4 1 (a) "Advanced career academy" means a career-technical 2 education program operated by a district, by an intermediate 3 district, or by a public school academy, that applies for and 4 receives advanced career academy designation from the 5 department. To receive this designation, a career-technical edu- 6 cation program shall meet criteria established by the department, 7 which criteria shall include at least all of the following: 8 (i) Operation of programs for those career clusters identi- 9 fied by the department as being eligible for advanced career 10 academy status. 11 (ii) Involvement of employers in the design and implementa- 12 tion of career-technical education programs. 13 (iii) A fully integrated program of academic and technical 14 education available to pupils. 15 (iv) Demonstration of an established career preparation 16 system resulting in industry-validated career ladders for gradu- 17 ates of the program, including, but not limited to, written 18 articulation agreements with postsecondary institutions to allow 19 pupils to receive advanced college placement and credit or feder- 20 ally registered apprenticeships, as applicable. 21 (b) "Career cluster" means a grouping of occupations from 1 22 or more industries that share common skill requirements. 23 (c) "Career preparation system" is a system of programs and 24 strategies providing pupils with opportunities to prepare for 25 success in careers of their choice. 26(d) "Department" means the department of career27development.07908'02 5 1 (D)(e)"Eligible education agency" means a district, 2 intermediate district, or advanced career academy that partici- 3 pates in an approved regional career preparation plan. 4 (E)(f)"FTE" means full-time equivalent pupil as deter- 5 mined by the department. 6 (F)(g)"Workforce development board" means a local work- 7 force development board established pursuant to the workforce 8 investment act of 1998, Public Law 105-220, 112 Stat. 936, and 9 the school-to-work opportunities act of 1994, Public Law 103-239, 10 108 Stat. 568, or the equivalent. 11 (G)(h)"Strategic plan" means a department-approved com- 12 prehensive plan prepared by a workforce development board with 13 input from local representatives, including the education 14 advisory group, that includes career preparation system goals and 15 objectives for the region. 16 Sec. 68. (1) From the general fund appropriation in section 17 11, there is allocated an amount not to exceed $21,850,000.00 18 each fiscal year for 2001-2002, for 2002-2003, and for 2003-2004 19 to be used to implement the Michigan career preparation system in 20 the corresponding school years as provided under this section. 21 In order to receive funds under this section, an eligible educa- 22 tion agency shall be part of an approved regional career prepara- 23 tion plan under subsection (2) and shall agree to expend the 24 funds required under this section in accordance with the regional 25 career preparation plan. Funds awarded under this section that 26 are not expended in accordance with this section may be recovered 27 by the department. 07908'02 6 1 (2) In order to receive funding under this section, an 2 eligible education agency shall be a part of an approved 3-year 3 regional career preparation plan that is consistent with the 4 workforce development board's strategic plan and is as described 5 in this subsection. All of the following apply to a regional 6 career preparation plan: 7 (a) A 3-year regional career preparation plan shall be 8 developed under subdivisions (b), (c), and (d) for all public 9 education agencies participating as part of a regional career 10 preparation system within the geographical boundaries of a work- 11 force development board, and revised annually. If an intermedi- 12 ate district is located within the geographical boundaries of 13 more than 1 workforce development board, the board of the inter- 14 mediate district shall choose 1 workforce development board with 15 which to align and shall notify the department of this choice not 16 later than October 31, 1997. 17 (b) The regional career preparation plan shall be developed 18 by representatives of the education advisory group of each work- 19 force development board in accordance with guidelines developed 20 under former section 67(5), and in accordance with subdivisions 21 (d) and (e). All of the following shall be represented on each 22 education advisory group: workforce development board members, 23 other employers, labor, districts, intermediate districts, post- 24 secondary institutions, career/technical educators, parents of 25 public school pupils, and academic educators. The representa- 26 tives of districts, intermediate districts, and postsecondary 27 institutions appointed to the education advisory group by the 07908'02 7 1 workforce development board shall be individuals designated by 2 the board of the district, intermediate district, or postsecond- 3 ary institution. 4 (c) By majority vote, the education advisory group may nomi- 5 nate 1 education representative, who may or may not be a member 6 of the education advisory group, for appointment to the workforce 7 development board. This education representative shall be in 8 addition to existing education representation on the workforce 9 development board. This education representative shall meet all 10 workforce development board membership requirements. 11 (d) The components of the regional career preparation plan 12 shall include, but are not limited to, all of the following: 13 (i) The roles of THE DEPARTMENT, districts, intermediate 14 districts, advanced career academies, postsecondary institutions, 15 employers, labor representatives, and others in the career prepa- 16 ration system. 17 (ii) Programs to be offered, including at least career 18 exploration activities, for middle school pupils. 19 (iii) Identification of integrated academic and technical 20 curriculum, including related professional development training 21 for teachers. 22 (iv) Identification of work-based learning opportunities for 23 pupils and for teachers and other school personnel. 24 (v) Identification of testing and assessments that will be 25 used to measure pupil achievement. 07908'02 8 1 (vi) Identification of all federal, state, local, and 2 private sources of funding available for career preparation 3 activities in the region. 4 (e) The education advisory group shall develop a 3-year 5 regional career preparation plan consistent with the workforce 6 development board's strategic plan and submit the plan to the 7 department for final approval. The submission to the department 8 shall also include statements signed by the chair of the educa- 9 tion advisory group and the chair of the workforce development 10 board certifying that the plan has been reviewed by each entity. 11 Upon department approval, all eligible education agencies desig- 12 nated in the regional career preparation plan as part of the 13 career preparation delivery system are eligible for funding under 14 this section. 15 (3) Funding under this section shall be distributed to eli- 16 gible education agencies for allowable costs defined in this sub- 17 section and identified as necessary costs for implementing a 18 regional career preparation plan, as follows: 19 (a) The department shall rank all career clusters, including 20 career exploration, guidance, and counseling. Rank determination 21 will be based on median salary data in career clusters and 22 employment opportunity data provided by the council for career 23 preparation standards. In addition, rank determination shall be 24 based on placement data available for prior year graduates of the 25 programs in the career clusters either in related careers or 26 postsecondary education. The procedure for ranking of career 27 clusters shall be determined by the department. 07908'02 9 1 (b) Allowable costs to be funded under this section shall be 2 determined by the department. Budgets submitted by eligible edu- 3 cation agencies to the department in order to receive funding 4 shall identify funds and in-kind contributions from the regional 5 career education plan, excluding funds or in-kind contributions 6 available as a result of funding received under section 61a, 7 equal to at least 100% of anticipated funding under this 8 section. Eligible categories of allowable costs are the 9 following: 10 (i) Career exploration, guidance, and counseling. 11 (ii) Curriculum development, including integration of aca- 12 demic and technical content, and professional development for 13 teachers directly related to career preparation. 14 (iii) Technology and equipment determined to be necessary. 15 (iv) Supplies and materials directly related to career prep- 16 aration programs. 17 (v) Work-based learning expenses for pupils, teachers, and 18 counselors. 19 (vi) Evaluation, including career competency testing and 20 peer review. 21 (vii) Career placement services. 22 (viii) Student leadership organizations integral to the 23 career preparation system. 24 (ix) Up to 10% of the allocation to an eligible education 25 agency may be expended for planning, coordination, direct over- 26 sight, and accountability for the career preparation system. 07908'02 10 1 (c) The department shall calculate career preparation costs 2 per FTE for each career cluster, including career exploration, 3 guidance, and counseling, by dividing the allowable costs for 4 each career cluster by the prior year FTE enrollment for each 5 career cluster. Distribution to eligible education agencies 6 shall be the product of 50% of career preparation costs per FTE 7 times the current year FTE enrollment of each career cluster. 8 This allocation shall be distributed to eligible education agen- 9 cies in decreasing order of the career cluster ranking described 10 in subdivision (a) until the money allocated for grant recipients 11 in this section is distributed. Beginning in 2001-2002, funds 12 shall be distributed to eligible education agencies according to 13 workforce development board geographic area consistent with sub- 14 section (2)(a) based upon the proportion of each workforce devel- 15 opment board area's K-12 public school membership to the total 16 state K-12 public school membership. 17 (4) The department shall establish a review procedure for 18 assessing the career preparation system in each region. 19 (5) An education advisory group is responsible for assuring 20 the quality of the career preparation system. An education 21 advisory group shall review the career preparation system in 22 accordance with evaluation criteria established by the 23 department. 24 (6) An education advisory group shall report its findings 25 and recommendations for changes to the participating eligible 26 education agencies, the workforce development board, and the 27 department. 07908'02 11 1 (7) The next revision of a regional career preparation plan 2 shall take into account the findings of the education advisory 3 group in accordance with evaluation criteria established by the 4 department in order for the affected education agencies to 5 receive continued funding under this section. 6 Sec. 94a. (1) There is created within theoffice of the7state budget director in the department of management and budget8 DEPARTMENT the center for educational performance and 9 information. The center shall do all of the following: 10 (a) Coordinate the collection of all data required by state 11 and federal law from all entities receiving funds under this 12 act. 13 (b) Collect data in the most efficient manner possible in 14 order to reduce the administrative burden on reporting entities. 15 (c) Establish procedures to ensure the validity and reli- 16 ability of the data and the collection process. 17 (d) Develop state and model local data collection policies, 18 including, but not limited to, policies that ensure the privacy 19 of individual student data. State privacy policies shall ensure 20 that student social security numbers are not released to the 21 public for any purpose. 22 (e) Provide data in a useful manner to allow state and local 23 policymakers to make informed policy decisions. 24 (f) Provide reports to the citizens of this state to allow 25 them to assess allocation of resources and the return on their 26 investment in the education system of this state. 07908'02 12 1 (g) Assist all entities receiving funds under this act in 2 complying with audits performed according to generally accepted 3 accounting procedures. 4 (h) Other functions as assigned by thestate budget5directorSUPERINTENDENT. 6 (2) Thestate budget directorSUPERINTENDENT shall appoint 7 a CEPI advisory committee, consisting of the following members: 8 (a) One representative from the house fiscal agency. 9 (b) One representative from the senate fiscal agency. 10 (c) One representative from the office of the state budget 11 director. 12 (d) One representative from thestate education agency13 DEPARTMENT. 14 (e) One representative each from the department of career 15 development and the department of treasury. 16 (f) Three representatives from intermediate school 17 districts. 18 (g) One representative from each of the following educa- 19 tional organizations: 20 (i) Michigan association of school boards. 21 (ii) Michigan association of school administrators. 22 (iii) Michigan school business officials. 23 (h) One representative representing private sector firms 24 responsible for auditing school records. 25 (i) Other representatives as thestate budget director26 SUPERINTENDENT determines are necessary. 07908'02 13 1 (3) The CEPI advisory committee appointed under 2 subsection (2) shall provide advice to the director of the center 3 regarding the management of the center's data collection activi- 4 ties, including, but not limited to: 5 (a) Determining what data is necessary to collect and main- 6 tain in order to perform the center's functions in the most effi- 7 cient manner possible. 8 (b) Defining the roles of all stakeholders in the data col- 9 lection system. 10 (c) Recommending timelines for the implementation and ongo- 11 ing collection of data. 12 (d) Establishing and maintaining data definitions, data 13 transmission protocols, and system specifications and procedures 14 for the efficient and accurate transmission and collection of 15 data. 16 (e) Establishing and maintaining a process for ensuring the 17 accuracy of the data. 18 (f) Establishing and maintaining state and model local poli- 19 cies related to data collection, including, but not limited to, 20 privacy policies related to individual student data. 21 (g) Ensuring the data is made available to state and local 22 policymakers and citizens of this state in the most useful format 23 possible. 24 (h) Other matters as determined by thestate budget25directorSUPERINTENDENT or the director of the center. 26 (4) The center may enter into any interlocal agreements 27 necessary to fulfill its functions. 07908'02 14 1 (5) From the general fund appropriation in section 11, there 2 is allocated an amount not to exceed $2,332,000.00 for 2001-2002 3 for payments to the center. From the general fund appropriation 4 in section 11, there is allocated an amount not to exceed 5 $4,500,000.00 each fiscal year for 2002-2003 and for 2003-2004 to 6 the departmentof management and budgetto support the opera- 7 tions of the center. The centershall cooperate with the state8education agency toAND THE DEPARTMENT SHALL ensure that this 9 state is in compliance with federal law and is maximizing oppor- 10 tunities for increased federal funding to improve education in 11 this state. In addition, from the federal funds appropriated in 12 section 11 for 2002-2003 and for 2003-2004, there is allocated 13 the following amounts each fiscal year in order to fulfill fed- 14 eral reporting requirements: 15 (a) An amount estimated at $1,000,000.00 funded from 16 DED-OESE, title I, disadvantaged children funds. 17 (b) An amount estimated at $284,700.00 funded from DED-OESE, 18 title I, reading first state grant funds. 19 (c) An amount estimated at $46,750.00 funded from DED-OESE, 20 title I, migrant education funds. 21 (d) An amount estimated at $500,000.00 funded from DED-OESE, 22 improving teacher quality funds. 23 (e) An amount estimated at $526,100.00 funded from DED-OESE, 24 drug-free schools and communities funds. 25 (6) Funds allocated under this section that are not expended 26 in the fiscal year in which they were allocated may be carried 27 forward to a subsequent fiscal year. From the funds allocated 07908'02 15 1 for 1999-2000 that were carried forward under this section and 2 from the general funds appropriated under this section for 3 2002-2003, the center shall make grants to intermediate districts 4 for the purpose of assisting the intermediate districts and their 5 constituent districts in data collection required by state and 6 federal law or necessary for audits according to generally 7 accepted accounting procedures. Grants to each intermediate dis- 8 trict shall be made at the rate of $2.00 per each full-time 9 equated membership pupil times the total number of 2000-2001 10 pupils in membership in the intermediate district and its con- 11 stituent districts. An intermediate district shall develop a 12 plan in cooperation with its constituent districts to distribute 13 the grants between the intermediate district and its constituent 14 districts. These grants shall be paid to intermediate districts 15 no later than the next regularly scheduled school aid payment 16 after the effective date of this section. 17 (7) If the applicable intermediate district determines that 18 the pupil counts submitted by a district for the February 2002 19 supplemental pupil count using the single record student database 20 cannot be audited by the intermediate district pursuant to 21 section 101, all of the following apply: 22 (a) The district may submit its pupil count data for the 23 February 2002 supplemental pupil count using the education data 24 network system. 25 (b) If the applicable intermediate district determines that 26 the pupil counts submitted by the district for the 2002-2003 27 pupil membership count day using the single record student 07908'02 16 1 database cannot be audited by the intermediate district pursuant 2 to section 101, the district may submit its pupil count data for 3 the 2002-2003 pupil membership count day using the education data 4 network system. 5 (8) At least 30 days before implementing a proposed elec- 6 tronic data collection, submission, or collation process, or a 7 proposed change to 1 or more of those processes, the center shall 8 submit the proposal and an analysis of the proposal to the senate 9 and house of representatives appropriations subcommittees respon- 10 sible for this act. The analysis shall include at least a deter- 11 mination of the cost of the proposal for districts and intermedi- 12 ate districts and of available funding for districts and interme- 13 diate districts. 14 (9) As used in this section: 15 (a) "Center" means the center for educational performance 16 and information created under this section. 17 (b) "DED-OESE" means the United States department of educa- 18 tion office of elementary and secondary education. 19(c) "State education agency" means the department.20 Sec. 98. (1) From the general fund money appropriated in 21 section 11, there is allocated an amount not to exceed 22 $1,500,000.00 for 2001-2002 and an amount not to exceed 23 $5,000,000.00 each fiscal year for 2002-2003 and for 2003-2004 to 24 the department to provide a grant to the Michigan virtual univer- 25 sity for the development, implementation, and operation of the 26 Michigan virtual high school and to fund other purposes described 27 in this section. In addition, from the federal funds 07908'02 17 1 appropriated in section 11, there is allocated each fiscal year 2 for 2001-2002, for 2002-2003, and for 2003-2004 the following 3 amounts: 4 (a) An amount estimated at $3,251,800.00 from DED-OESE, 5 title II, improving teacher quality funds. 6 (b) An amount estimated at $1,188,000.00 from DED-OESE, 7 title II, educational technology grants funds. 8 (c) An amount estimated at $2,044,400.00 from DED-OESE, 9 title V, innovative strategies grants funds. 10 (d) An amount estimated at $100,500.00 from DED-OESE, title 11 VI, rural and low income schools grants funds. 12 (2) The Michigan virtual high school shall have the follow- 13 ing goals: 14 (a) Significantly expand curricular offerings for high 15 schools across this state through agreements with districts or 16 licenses from other recognized providers. The Michigan virtual 17 university shall explore options for providing rigorous civics 18 curricula online. 19 (b) Create statewide instructional models using interactive 20 multimedia tools delivered by electronic means, including, but 21 not limited to, the internet, digital broadcast, or satellite 22 network, for distributed learning at the high school level. 23 (c) Provide pupils with opportunities to develop skills and 24 competencies through on-line learning. 25 (d) Offer teachers opportunities to learn new skills and 26 strategies for developing and delivering instructional services. 07908'02 18 1 (e) Accelerate this state's ability to respond to current 2 and emerging educational demands. 3 (f) Grant high school diplomas through a dual enrollment 4 method with districts. 5 (g) Act as a broker for college level equivalent courses, as 6 defined in section 1471 of the revised school code, MCL 380.1471, 7 and dual enrollment courses from postsecondary education 8 institutions. 9 (3) The Michigan virtual high school course offerings shall 10 include, but are not limited to, all of the following: 11 (a) Information technology courses. 12 (b) College level equivalent courses, as defined in section 13 1471 of the revised school code, MCL 380.1471. 14 (c) Courses and dual enrollment opportunities. 15 (d) Programs and services for at-risk pupils. 16 (e) General education development test preparation courses 17 for adjudicated youth. 18 (f) Special interest courses. 19 (g) Professional development programs and services for 20 teachers. 21 (4) From the allocation in subsection (1), there is allo- 22 cated $3,500,000.00 each fiscal year for 2002-2003 and for 23 2003-2004 for the purpose of developing innovative strategies to 24 use wireless technology to improve student academic achievement 25 in this state. The Michigan virtual university shall identify 26 not more than 5 pilot project sites for these initiatives. The 27 pilot project sites shall be geographically diverse and at least 07908'02 19 1 1 of the pilot project sites shall be in the Upper Peninsula. 2 The pilot projects shall be funded through public-private 3 partnerships. In addition, the Michigan virtual university shall 4 establish local fund matching requirements for the pilot project 5 sites. 6 (5) Thestate education agencyDEPARTMENT shall sign a 7 memorandum of understanding with the Michigan virtual university 8 regarding the DED-OESE, title II, improving teacher quality funds 9 as provided under this subsection. To the extent allowed under 10 federal law, the Michigan virtual university shall address the 11 unique issues of providing educational opportunities in rural 12 communities. The memorandum of understanding under this subsec- 13 tion shall require that the Michigan virtual university coordi- 14 nate the following activities related to DED-OESE, title II, 15 improving teacher quality funds in accordance with federal law: 16 (a) Develop, and assist districts in the development and use 17 of, proven, innovative strategies to deliver intensive profes- 18 sional development programs that are both cost-effective and 19 easily accessible, such as strategies that involve delivery 20 through the use of technology, peer networks, and distance 21 learning. 22 (b) Encourage and support the training of teachers and 23 administrators to effectively integrate technology into curricula 24 and instruction. 25 (c) Coordinate the activities of eligible partnerships that 26 include higher education institutions for the purposes of 07908'02 20 1 providing professional development activities for teachers, 2 paraprofessionals, and principals as defined in federal law. 3 (6) Thestate education agencyDEPARTMENT shall sign a 4 memorandum of understanding with the Michigan virtual university 5 regarding DED-OESE, title II, educational technology grants as 6 provided under this subsection. The Michigan virtual university 7 shall coordinate activities described in this subsection with the 8 pilot project sites identified in subsection (4). The memorandum 9 of understanding shall require that the Michigan virtual univer- 10 sity coordinate the following state activities related to 11 DED-OESE, title II, educational technology grants in accordance 12 with federal law: 13 (a) Assist in the development of innovative strategies for 14 the delivery of specialized or rigorous academic courses and cur- 15 ricula through the use of technology, including distance learning 16 technologies. 17 (b) Establish and support public-private initiatives for the 18 acquisition of educational technology for students in high-need 19 districts. 20 (7) Thestate education agencyDEPARTMENT shall sign a 21 memorandum of understanding with the Michigan virtual university 22 regarding DED-OESE, title V, innovative strategies grants as pro- 23 vided under this subsection. The Michigan virtual university 24 shall coordinate activities described in this subsection with the 25 pilot project sites identified in subsection (4). The memorandum 26 of understanding shall require the Michigan virtual university to 27 coordinate the following state-level activities related to 07908'02 21 1 DED-OESE, title V, innovative strategies grants in accordance 2 with federal law: 3 (a) Programs for the development or acquisition and use of 4 instructional and educational materials, including computer soft- 5 ware and hardware for instructional use, that will be used to 6 improve student academic achievement as part of an overall educa- 7 tion reform strategy. 8 (b) Programs and activities that expand learning opportuni- 9 ties through best-practice models designed to improve classroom 10 learning and teaching. 11 (8) Thestate education agencyDEPARTMENT shall sign a 12 memorandum of understanding with the Michigan virtual university 13 requiring that the Michigan virtual university coordinate the 14 awarding of competitive grants to districts and state-level 15 activities related to DED-OESE, title VI, rural and low income 16 schools grants in accordance with federal law for the following 17 purposes: 18 (a) Teacher professional development, including programs 19 that train teachers to utilize technology, programs to improve 20 teaching, and programs to train special needs teachers. 21 (b) Educational technology, including software and hardware, 22 as described in federal law. 23 (9) Funds allocated under this section that are not expended 24 in the state fiscal year for which they were allocated may be 25 carried forward to a subsequent state fiscal year. 26 (10) Thestate education agencyDEPARTMENT and the 27 Michigan virtual university shall complete the memoranda of 07908'02 22 1 understanding required under this sectionwithin 60 days after2the effective date of the amendatory act that added this3subsectionNOT LATER THAN JUNE 25, 2002. It is the intent of 4 the legislature that all plans or applications submitted by the 5state education agencyDEPARTMENT to the United States depart- 6 ment of education relating to the distribution of federal funds 7 under this section shall be for the purposes described in this 8 section. 9 (11) As used in this section,: (a)"DED-OESE" means the 10 United States department of education office of elementary and 11 secondary education. 12(b) "State education agency" means the department.13 Sec. 104a. (1) In order to receive state aid under this 14 act, a district shall comply with this section and shall adminis- 15 ter state assessments to high school pupils in the subject areas 16 of communications skills, mathematics, science, and social 17 studies. If the departmentor the Michigan assessment governing18board, as applicable,determines that it would be consistent 19 with the purposes of this section, the departmentor the20Michigan assessment governing board, as applicable,may desig- 21 nate the grade 11 Michigan education assessment program tests as 22 the assessments to be used for the purposes of this section. The 23 district shall include on the pupil's high school transcript all 24 of the following: 25 (a) For each high school graduate who has completed a 26 subject area assessment under this section, the pupil's scaled 27 score on the assessment. 07908'02 23 1 (b) If the pupil's scaled score on a subject area assessment 2 falls within the range required under subsection (2) for a cate- 3 gory established under subsection (2), an indication that the 4 pupil has achieved state endorsement for that subject area. 5 (c) The number of school days the pupil was in attendance at 6 school each school year during high school and the total number 7 of school days in session for each of those school years. 8 (2) The department shall develop scaled scores for reporting 9 subject area assessment results for each of the subject areas 10 under this section. The superintendent shall establish 3 catego- 11 ries for each subject area indicating basic competency, above 12 average, and outstanding, and shall establish the scaled score 13 range required for each category. The department shall design 14 and distribute to districts, intermediate districts, and nonpub- 15 lic schools a simple and concise document that describes these 16 categories in each subject area and indicates the scaled score 17 ranges for each category in each subject area. A district may 18 award a high school diploma to a pupil who successfully completes 19 local district requirements established in accordance with state 20 law for high school graduation, regardless of whether the pupil 21 is eligible for any state endorsement. 22 (3) The assessments administered for the purposes of this 23 section shall be administered to pupils during the last 30 school 24 days of grade 11. The department shall ensure that the assess- 25 ments are scored and the scores are returned to pupils, their 26 parents or legal guardians, and districts not later than the 27 beginning of the pupil's first semester of grade 12. The 07908'02 24 1 department shall arrange for those portions of a pupil's 2 assessment that cannot be scored mechanically to be scored in 3 Michigan by persons who are Michigan teachers, retired Michigan 4 teachers, or Michigan school administrators and who have been 5 trained in scoring the assessments. The returned scores shall 6 indicate the pupil's scaled score for each subject area assess- 7 ment, the range of scaled scores for each subject area, and the 8 range of scaled scores required for each category established 9 under subsection (2). In reporting the scores to pupils, par- 10 ents, and schools, the department shall provide specific, mean- 11 ingful, and timely feedback on the pupil's performance on the 12 assessment. 13 (4) For each pupil who does not achieve state endorsement in 14 1 or more subject areas, the board of the district in which the 15 pupil is enrolled shall provide that there be at least 1 meeting 16 attended by at least the pupil and a member of the district's 17 staff or a local or intermediate district consultant who is pro- 18 ficient in the measurement and evaluation of pupils. The dis- 19 trict may provide the meeting as a group meeting for pupils in 20 similar circumstances. If the pupil is a minor, the district 21 shall invite and encourage the pupil's parent, legal guardian, or 22 person in loco parentis to attend the meeting and shall mail a 23 notice of the meeting to the pupil's parent, legal guardian, or 24 person in loco parentis. The purpose of this meeting and any 25 subsequent meeting under this subsection shall be to determine an 26 educational program for the pupil designed to have the pupil 27 achieve state endorsement in each subject area in which he or she 07908'02 25 1 did not achieve state endorsement. In addition, a district may 2 provide for subsequent meetings with the pupil conducted by a 3 high school counselor or teacher designated by the pupil's high 4 school principal, and shall invite and encourage the pupil's 5 parent, legal guardian, or person in loco parentis to attend the 6 subsequent meetings. The district shall provide special programs 7 for the pupil or develop a program using the educational programs 8 regularly provided by the district unless the board of the dis- 9 trict decides otherwise and publishes and explains its decision 10 in a public justification report. 11 (5) A pupil who wants to repeat an assessment administered 12 under this section may repeat the assessment, without charge to 13 the pupil, in the next school year or after graduation. An indi- 14 vidual may repeat an assessment at any time the district adminis- 15 ters an applicable assessment instrument or during a retesting 16 period under subsection (7). 17 (6) The department shall ensure that the length of the 18 assessments used for the purposes of this section and the com- 19 bined total time necessary to administer all of the assessments 20 are the shortest possible that will still maintain the degree of 21 reliability and validity of the assessment results determined 22 necessary by the department. The department shall ensure that 23 the maximum total combined length of time that schools are 24 required to set aside for administration of all of the assess- 25 ments used for the purposes of this section does not exceed 8 26 hours. However, this subsection does not limit the amount of 27 time that individuals may have to complete the assessments. 07908'02 26 1 (7) The department shall establish, schedule, and arrange 2 periodic retesting periods throughout the year for individuals 3 who desire to repeat an assessment under this section. The 4 department shall coordinate the arrangements for administering 5 the repeat assessments and shall ensure that the retesting is 6 made available at least within each intermediate district and, to 7 the extent possible, within each district. 8 (8) A district shall provide accommodations to a pupil with 9 disabilities for the assessments required under this section, as 10 provided under section 504 of title V of the rehabilitation act 11 of 1973, Public Law 93-112, 29 U.S.C. 794; subtitle A of title II 12 of the Americans with disabilities act of 1990, Public Law 13 101-336, 42 U.S.C. 12131 to 12134; and the implementing regula- 14 tions for those statutes. 15 (9) For the purposes of this section, the superintendent 16 shall develop or select and approve assessment instruments to 17 measure pupil performance in communications skills, mathematics, 18 social studies, and science. The assessment instruments shall be 19 based on the model core academic content standards objectives 20 under section 1278 of the revised school code, MCL 380.1278. 21 (10) Upon written request by the pupil's parent or legal 22 guardian stating that the request is being made for the purpose 23 of providing the pupil with an opportunity to qualify to take 1 24 or more postsecondary courses as an eligible student under the 25 postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to 26 388.524, the board of a district shall allow a pupil who is in at 27 least grade 10 to take an assessment administered under this 07908'02 27 1 section without charge at any time the district regularly 2 administers the assessment or during a retesting period estab- 3 lished under subsection (7). A district is not required to 4 include in an annual education report, or in any other report 5 submitted to the department for accreditation purposes, results 6 of assessments taken under this subsection by a pupil in grade 11 7 or lower until the results of that pupil's graduating class are 8 otherwise reported. 9 (11) All assessment instruments developed or selected and 10 approved by the state under any statute or rule for a purpose 11 related to K to 12 education shall be objective-oriented and con- 12 sistent with the model core academic content standards objectives 13 under section 1278 of the revised school code, MCL 380.1278. 14 (12) A person who has graduated from high school after 1996 15 and who has not previously taken an assessment under this section 16 may take an assessment used for the purposes of this section, 17 without charge to the person, at the district from which he or 18 she graduated from high school at any time that district adminis- 19 ters the assessment or during a retesting period scheduled under 20 subsection (7) and have his or her scaled score on the assessment 21 included on his or her high school transcript. If the person's 22 scaled score on a subject area assessment falls within the range 23 required under subsection (2) for a category established under 24 subsection (2), the district shall also indicate on the person's 25 high school transcript that the person has achieved state 26 endorsement for that subject area. 07908'02 28 1 (13) A child who is a student in a nonpublic school or home 2 school may take an assessment under this section. To take an 3 assessment, a child who is a student in a home school shall con- 4 tact the district in which the child resides, and that district 5 shall administer the assessment, or the child may take the 6 assessment at a nonpublic school if allowed by the nonpublic 7 school. Upon request from a nonpublic school, the department 8 shall supply assessments and the nonpublic school may administer 9 the assessment. 10 (14) The purpose of the assessment under this section is to 11 assess pupil performance in mathematics, science, social studies, 12 and communication arts for the purpose of improving academic 13 achievement and establishing a statewide standard of competency. 14 The assessment under this section provides a common measure of 15 data that will contribute to the improvement of Michigan schools' 16 curriculum and instruction by encouraging alignment with 17 Michigan's curriculum framework standards. These standards are 18 based upon the expectations of what pupils should know and be 19 able to do by the end of grade 11. 20(15) If the Michigan assessment governing board is estab-21lished by law, the Michigan assessment governing board shall22administer this section and shall have all of the powers and23duties as otherwise provided under this section for the depart-24ment or the superintendent.25 (15)(16)As used in this section: 26 (a) "Communications skills" means reading and writing. 07908'02 29 1 (b) "Social studies" means geography, history, economics, 2 and American government. 3 Sec. 107. (1) From the appropriation in section 11, there 4 is allocated an amount not to exceed $75,000,000.00 for 2001-2002 5 and an amount not to exceed $77,500,000.00 each fiscal year for 6 2002-2003 and for 2003-2004 for adult education programs autho- 7 rized under this section. 8 (2) To be eligible to be a participant funded under this 9 section, a person shall be enrolled in an adult basic education 10 program, an adult English as a second language program, a general 11 education development (G.E.D.) test preparation program, a job 12 or employment related program, or a high school completion pro- 13 gram, that meets the requirements of this section, and shall meet 14 either of the following, as applicable: 15 (a) If the individual has obtained a high school diploma or 16 a general education development (G.E.D.) certificate, the indi- 17 vidual meets 1 of the following: 18 (i) Is less than 20 years of age on September 1 of the 19 school year and is enrolled in the state technical institute and 20 rehabilitation center. 21 (ii) Is less than 20 years of age on September 1 of the 22 school year, is not attending an institution of higher education, 23 and is enrolled in a job or employment-related program through a 24 referral by an employer. 25 (iii) Is enrolled in an English as a second language 26 program. 07908'02 30 1 (iv) Is enrolled in a high school completion program. 2 (b) If the individual has not obtained a high school diploma 3 or G.E.D. certificate, the individual meets 1 of the following: 4 (i) Is at least 20 years of age on September 1 of the school 5 year. 6 (ii) Is at least 16 years of age on September 1 of the 7 school year, has been permanently expelled from school under sec- 8 tion 1311(2) or 1311a of the revised school code, MCL 380.1311 9 and 380.1311a, and has no appropriate alternative education pro- 10 gram available through his or her district of residence. 11 (3) The amount allocated under subsection (1) shall be dis- 12 tributed as follows: 13 (a) For districts and consortia that received payments for 14 1995-96 under former section 107f and that received payments for 15 1996-97 under subsection (4) of this section as in effect in 16 1996-97, the amount allocated to each for 2001-2002, for 17 2002-2003, and for 2003-2004 shall be an amount each fiscal year 18 equal to 36.76% of the amount the district or consortium received 19 for 1995-96 under former section 107f. 20 (b) For districts and consortia that received payments under 21 subsection (3) of this section as in effect for 1996-97, the 22 amount allocated to each for 2001-2002, for 2002-2003, and for 23 2003-2004 shall be an amount each fiscal year equal to the pro- 24 duct of the number of full-time equated participants actually 25 enrolled and in attendance during the 1996-97 school fiscal year 26 in the program funded under subsection (3) of this section as in 27 effect for 1996-97 as reported to the department,of career07908'02 31 1development,audited, and adjusted according to subsection (10) 2 of this section as in effect for 1996-97, multiplied by 3 $2,750.00. 4 (c) For districts and consortia that meet the conditions of 5 both subdivisions (a) and (b), the amount allocated each fiscal 6 year for 2001-2002, for 2002-2003, and for 2003-2004 shall be the 7 sum of the allocations to the district or consortium under subdi- 8 visions (a) and (b). 9 (d) A district or consortium that received funding in 10 1996-97 under this section as in effect for 1996-97 may operate 11 independently of a consortium or join or form a consortium for 12 2001-2002, for 2002-2003, or for 2003-2004. The allocation for 13 2001-2002, for 2002-2003, or for 2003-2004 to the district or the 14 newly formed consortium under this subsection shall be determined 15 by the departmentof career developmentand shall be based on 16 the proportion of the amounts specified in subdivision (a) or 17 (b), or both, that are attributable to the district or consortium 18 that received funding in 1996-97. A district or consortium 19 described in this subdivision shall notify the departmentof20career developmentof its intention with regard to 2001-2002, 21 2002-2003, or for 2003-2004 by October 1 of the affected fiscal 22 year. 23 (4) A district that operated an adult education program in 24 1996-97 and does not intend to operate a program in 2001-2002, 25 2002-2003, or 2003-2004 shall notify the departmentof career26developmentby October 1 of the affected fiscal year of its 27 intention. The funds intended to be allocated under this section 07908'02 32 1 to a district that does not operate a program in 2001-2002, 2 2002-2003, or 2003-2004 and the unspent funds originally allo- 3 cated under this section to a district or consortium that subse- 4 quently operates a program at less than the level of funding 5 allocated under subsection (3) shall instead be proportionately 6 reallocated to the other districts described in subsection (3)(a) 7 that are operating an adult education program in 2001-2002, 8 2002-2003, or 2003-2004 under this section. 9 (5) The amount allocated under this section per full-time 10 equated participant is $2,850.00 for a 450-hour program. The 11 amount shall be proportionately reduced for a program offering 12 less than 450 hours of instruction. 13 (6) An adult basic education program or an adult English as 14 a second language program operated on a year-round or school year 15 basis may be funded under this section, subject to all of the 16 following: 17 (a) The program enrolls adults who are determined by an 18 appropriate assessment to be below ninth grade level in reading 19 or mathematics, or both, or to lack basic English proficiency. 20 (b) The program tests individuals for eligibility under 21 subdivision (a) before enrollment and tests participants to 22 determine progress after every 90 hours of attendance, using 23 assessment instruments approved by the department.of career24development.25 (c) A participant in an adult basic education program is 26 eligible for reimbursement until 1 of the following occurs: 07908'02 33 1 (i) The participant's reading and mathematics proficiency 2 are assessed at or above the ninth grade level. 3 (ii) The participant fails to show progress on 2 successive 4 assessments after having completed at least 450 hours of 5 instruction. 6 (d) A funding recipient enrolling a participant in an 7 English as a second language program is eligible for funding 8 according to subsection (10) until the participant meets 1 of the 9 following: 10 (i) The participant is assessed as having attained basic 11 English proficiency. 12 (ii) The participant fails to show progress on 2 successive 13 assessments after having completed at least 450 hours of 14 instruction. The departmentof career developmentshall pro- 15 vide information to a funding recipient regarding appropriate 16 assessment instruments for this program. 17 (7) A general education development (G.E.D.) test prepara- 18 tion program operated on a year-round or school year basis may be 19 funded under this section, subject to all of the following: 20 (a) The program enrolls adults who do not have a high school 21 diploma. 22 (b) The program shall administer a G.E.D. pre-test approved 23 by the departmentof career developmentbefore enrolling an 24 individual to determine the individual's potential for success on 25 the G.E.D. test, and shall administer other tests after every 90 26 hours of attendance to determine a participant's readiness to 27 take the G.E.D. test. 07908'02 34 1 (c) A funding recipient shall receive funding according to 2 subsection (10) for a participant, and a participant may be 3 enrolled in the program until 1 of the following occurs: 4 (i) The participant passes the G.E.D. test. 5 (ii) The participant fails to show progress on 2 successive 6 tests used to determine readiness to take the G.E.D. test after 7 having completed at least 450 hours of instruction. 8 (8) A high school completion program operated on a 9 year-round or school year basis may be funded under this section, 10 subject to all of the following: 11 (a) The program enrolls adults who do not have a high school 12 diploma. 13 (b) A funding recipient shall receive funding according to 14 subsection (10) for a participant in a course offered under this 15 subsection until 1 of the following occurs: 16 (i) The participant passes the course and earns a high 17 school diploma. 18 (ii) The participant fails to earn credit in 2 successive 19 semesters or terms in which the participant is enrolled after 20 having completed at least 900 hours of instruction. 21 (9) A job or employment-related adult education program 22 operated on a year-round or school year basis may be funded under 23 this section, subject to all of the following: 24 (a) The program enrolls adults referred by their employer 25 who are less than 20 years of age, have a high school diploma, 26 are determined to be in need of remedial mathematics or 07908'02 35 1 communication arts skills and are not attending an institution of 2 higher education. 3 (b) An individual may be enrolled in this program and the 4 grant recipient shall receive funding according to subsection 5 (10) until 1 of the following occurs: 6 (i) The individual achieves the requisite skills as deter- 7 mined by appropriate assessment instruments administered at least 8 after every 90 hours of attendance. 9 (ii) The individual fails to show progress on 2 successive 10 assessments after having completed at least 450 hours of 11 instruction. The departmentof career developmentshall pro- 12 vide information to a funding recipient regarding appropriate 13 assessment instruments for this program. 14 (10) A funding recipient shall receive payments under this 15 section in accordance with the following: 16 (a) Ninety percent for enrollment of eligible participants. 17 (b) Ten percent for completion of the adult basic education 18 objectives by achieving an increase of at least 1 grade level of 19 proficiency in reading or mathematics; for achieving basic 20 English proficiency; for passage of the G.E.D. test; for passage 21 of a course required for a participant to attain a high school 22 diploma; or for completion of the course and demonstrated profi- 23 ciency in the academic skills to be learned in the course, as 24 applicable. 25 (11) As used in this section, "participant" means the sum of 26 the number of full-time equated individuals enrolled in and 27 attending a department-approved adult education program under 07908'02 36 1 this section, using quarterly participant count days on the 2 schedule described in section 6(7)(b). 3 (12) A person who is not eligible to be a participant funded 4 under this section may receive adult education services upon the 5 payment of tuition. In addition, a person who is not eligible to 6 be served in a program under this section due to the program lim- 7 itations specified in subsection (6), (7), (8), or (9) may con- 8 tinue to receive adult education services in that program upon 9 the payment of tuition. The tuition level shall be determined by 10 the local or intermediate district conducting the program. 11 (13) An individual who is an inmate in a state correctional 12 facility shall not be counted as a participant under this 13 section. 14 (14) A district shall not commingle money received under 15 this section or from another source for adult education purposes 16 with any other funds of the district. A district receiving adult 17 education funds shall establish a separate ledger account for 18 those funds. This subsection does not prohibit a district from 19 using general funds of the district to support an adult education 20 or community education program. 21(15) The department shall work with the department of edu-22cation to ensure that this section is administered in the same23manner as in 1998-99.24 Sec. 108. (1) From the general fund appropriation in 25 section 11, there is allocated an amount not to exceed 26 $20,000,000.00 for 2001-2002 and an amount not to exceed 27 $20,000,000.00 each fiscal year for 2002-2003 and for 2003-2004 07908'02 37 1 for partnership for adult learning programs authorized under this 2 section. 3 (2) To be eligible to be enrolled as a participant in an 4 adult learning program funded under this section, a person shall 5 be at least 16 years of age as of September 1 of the immediately 6 preceding state fiscal year and shall meet the following, as 7 applicable: 8 (a) If the individual has obtained a high school diploma or 9 a general education development (G.E.D.) certificate, the indi- 10 vidual is determined to have English language proficiency, read- 11 ing, writing, or math skills below workforce readiness standards 12 as determined by tests approved by the departmentof career13developmentand is not enrolled in a postsecondary institution. 14 An individual who has obtained a high school diploma is not eli- 15 gible for enrollment in a G.E.D. test preparation program funded 16 under this section. 17 (b) If the individual has not obtained a high school diploma 18 or a G.E.D. certificate, the individual has not attended a sec- 19 ondary institution for at least 6 months before enrollment in an 20 adult learning program funded under this section and is not 21 enrolled in a postsecondary institution. 22 (3) From the allocation under subsection (1), an amount not 23 to exceed $19,800,000.00 is allocated for 2001-2002 and an amount 24 not to exceed $19,800,000.00 is allocated each fiscal year for 25 2002-2003 and for 2003-2004 to local workforce development boards 26 for the purpose of providing regional adult learning programs. 27 An application for a grant under this subsection shall be in the 07908'02 38 1 form and manner prescribed by the department.of career2development.Subject to subsections (4), (5), and (6), the 3 amount allocated to each local workforce development board shall 4 be as provided in this subsection, except that an eligible local 5 workforce development board shall not receive an initial alloca- 6 tion under this section that is less than $70,000.00. The maxi- 7 mum amount of a grant awarded to an eligible local workforce 8 development board shall be the sum of the following components: 9 (a) Thirty-four percent of the allocation under this subsec- 10 tion multiplied by the proportion of the family independence 11 agency caseload in the local workforce development board region 12 to the statewide family independence agency caseload. 13 (b) Thirty-three percent of the allocation under this sub- 14 section multiplied by the proportion of the number of persons in 15 the local workforce development board region over age 17 who have 16 not received a high school diploma compared to the statewide 17 total of persons over age 17 who have not received a high school 18 diploma. 19 (c) Thirty-three percent of the allocation under this sub- 20 section multiplied by the proportion of the number of persons in 21 the local workforce development board region over age 17 for whom 22 English is not a primary language compared to the statewide total 23 of persons over age 17 for whom English is not a primary 24 language. 25 (4) The amount of a grant to a local workforce development 26 board under subsection (3) shall not exceed the cost for adult 27 learning programs needed in the local workforce development board 07908'02 39 1 region, as documented in a manner approved by the department.of2career development.3 (5) Not more than 9% of a grant awarded to a local workforce 4 development board may be used for program administration, includ- 5 ing contracting for the provision of career and educational 6 information, counseling services, and assessment services. 7 (6) In order to receive funds under this section, a local 8 workforce development board shall comply with the following 9 requirements in a manner approved by the department:of career10development:11 (a) The local workforce development board shall document the 12 need for adult learning programs in the local workforce develop- 13 ment region. 14 (b) The local workforce development board shall report par- 15 ticipant outcomes and other measurements of program performance. 16 (c) The local workforce development board shall develop a 17 strategic plan that incorporates adult learning programs in the 18 region. A local workforce development board is not eligible for 19 state funds under this section without a strategic plan approved 20 by the department.of career development.21 (d) The local workforce development board shall furnish to 22 the department,of career development,in a form and manner 23 determined by the department,of career development,the infor- 24 mation the departmentof career developmentdetermines is nec- 25 essary to administer this section. 26 (e) The local workforce development board shall allow access 27 for the departmentof career developmentor its designee to 07908'02 40 1 audit all records related to adult learning programs for which it 2 receives funds. The local workforce development board shall 3 reimburse this state for all disallowances found in the audit in 4 a manner determined by the department.of career development.5 (7) Local workforce development boards shall distribute 6 funds to eligible adult learning providers as follows: 7 (a) Not less than 85% of a grant award shall be used to sup- 8 port programs that improve reading, writing, and math skills to 9 workforce readiness standards; English as a second language pro- 10 grams; G.E.D. preparation programs; high school completion pro- 11 grams; or workforce readiness programs in the local workforce 12 development board region. These programs may include the provi- 13 sion of career and educational information, counseling services, 14 and assessment services. 15 (b) Up to 15% of a grant award may be used to support work- 16 force readiness programs for employers in the local workforce 17 development board region as approved by the department.of18career development.Employers or consortia of employers whose 19 employees participate in these programs must provide matching 20 funds in a ratio of at least $1.00 of private funds for each 21 $1.00 of state funds. 22 (8) Local workforce development boards shall award competi- 23 tive grants to eligible adult learning providers for the purpose 24 of providing adult learning programs in the local workforce 25 development board region. Applications shall be in a form and 26 manner prescribed by the department.of career development.In 07908'02 41 1 awarding grants, local workforce development boards shall 2 consider all of the following: 3 (a) The ability of the provider to assess individuals before 4 enrollment using assessment tools approved by the departmentof5career developmentand to develop individual adult learner plans 6 from those assessments for each participant. 7 (b) The ability of the provider to conduct continuing 8 assessments in a manner approved by the departmentof career9developmentto determine participant progress toward achieving 10 the goals established in individual adult learner plans. 11 (c) The past effectiveness of an eligible provider in 12 improving adult literacy skills and the success of an eligible 13 provider in meeting or exceeding performance measures approved by 14 the department.of career development.15 (d) Whether the program is of sufficient intensity and dura- 16 tion for participants to achieve substantial learning gains. 17 (e) Whether the program uses research-based instructional 18 practices that have proven to be effective in teaching adult 19 learners. 20 (f) Whether the program uses advances in technology, as 21 appropriate, including computers. 22 (g) Whether the programs are staffed by well-trained teach- 23 ers, counselors, and administrators. 24 (h) Whether the activities coordinate with other available 25 resources in the community, such as schools, postsecondary insti- 26 tutions, job training programs, and social service agencies. 07908'02 42 1 (i) Whether the provider offers flexible schedules and 2 support services, such as child care and transportation, that 3 enable participants, including individuals with disabilities or 4 other special needs, to attend and complete programs. 5 (j) Whether the provider offers adequate job and postsecond- 6 ary education counseling services. 7 (k) Whether the provider can maintain an information manage- 8 ment system that has the capacity to report participant outcomes 9 and monitor program performance against performance measures 10 approved by the department.of career development.11 (l) Whether the provider will allow access for the local 12 workforce development board or its designee to audit all records 13 related to adult learning programs for which it receives funds. 14 The adult learning provider shall reimburse the local workforce 15 development board for all disallowances found in the audit. 16 (m) The cost per participant contact hour or unit of measur- 17 able outcome for each type of adult learning program for which 18 the provider is applying. 19 (9) Contracts awarded by local workforce development boards 20 to adult learning providers shall comply with the priorities 21 established in a strategic plan approved by the department.of22career development.23 (10) Adult learning providers that do not agree with the 24 decisions of the local workforce development board in issuing or 25 administering competitive grants may use the grievance procedure 26 established by the department.of career development.07908'02 43 1 (11) Local workforce development boards shall reimburse 2 eligible adult learning providers under this section as follows: 3 (a) For a first-time provider, as follows: 4 (i) Fifty percent of the contract amount shall be allocated 5 to eligible adult learning providers based upon enrollment of 6 participants in adult learning programs. "Enrollment" means a 7 participant enrolled in the program who received a preenrollment 8 assessment using assessment tools approved by the departmentof9career developmentand for whom an individual adult learner plan 10 has been developed. 11 (ii) Fifty percent of the contract amount shall be allocated 12 to eligible adult learning providers based upon the following 13 performance standards as measured in a manner approved by the 14 department:of career development:15 (A) The percentage of participants taking both a pretest and 16 a posttest in English language proficiency, reading, writing, and 17 math. 18 (B) The percentage of participants showing improvement 19 toward goals identified in their individual adult learner plan. 20 (C) The percentage of participants achieving their terminal 21 goals as identified in their individual adult learner plan. 22 (b) Eligible providers that have provided adult learning 23 programs previously under this section shall be reimbursed 100% 24 of the contract amount based upon the performance standards in 25 subdivision (a)(ii) as measured in a manner determined by the 26 department.of career development.07908'02 44 1 (c) A provider is eligible for reimbursement for a 2 participant in an adult learning program until the participant's 3 reading, writing, or math proficiency, as applicable, is assessed 4 at workforce readiness levels or the participant fails to show 5 progress on 2 successive assessments as determined by the 6 department.of career development.7 (d) A provider is eligible for reimbursement for a partici- 8 pant in an English as a second language program until the partic- 9 ipant is assessed as having attained basic English proficiency or 10 the participant fails to show progress on 2 successive assess- 11 ments as determined by the department.of career development.12 (e) A provider is eligible for reimbursement for a partici- 13 pant in a G.E.D. test preparation program until the participant 14 passes the G.E.D. test or the participant fails to show progress 15 on 2 successive assessments as determined by the department.of16career development.17 (f) A provider is eligible for reimbursement for a partici- 18 pant in a high school completion program until the participant 19 earns a high school diploma or the participant fails to show 20 progress as determined by the department.of career21development.22 (12) A person who is not eligible to be a participant funded 23 under this section may receive adult learning services upon the 24 payment of tuition or fees for service. The tuition or fee level 25 shall be determined by the adult learning provider and approved 26 by the local workforce development board. 07908'02 45 1 (13) Adult learning providers may collect refundable 2 deposits from participants for the use of reusable equipment and 3 supplies and may provide incentives for program completion. 4 (14) A provider shall not be reimbursed under this section 5 for an individual who is an inmate in a state correctional 6 facility. 7 (15) In order to administer the partnership for adult learn- 8 ing system under this section, the departmentof career9developmentshall do all of the following: 10 (a) Develop and provide guidelines to local workforce devel- 11 opment boards for the development of strategic plans that incor- 12 porate adult learning. 13 (b) Develop and provide adult learning minimum program per- 14 formance standards to be implemented by local workforce develop- 15 ment boards. 16 (c) Identify approved assessment tools for assessing a 17 participant's English language proficiency, reading, math, and 18 writing skills. 19 (d) Approve workforce readiness standards for English lan- 20 guage proficiency, reading, math, and writing skills that can be 21 measured by nationally recognized assessment tools approved by 22 the department.of career development.23 (16) Of the amount allocated in subsection (1), up to 24 $200,000.00 is allocated to the departmentof career25developmentfor the development and administration of a stan- 26 dardized data collection system. Local workforce development 27 boards and adult learning providers receiving funding under this 07908'02 46 1 section shall use the standardized data collection system for 2 enrolling participants in adult learning programs, tracking par- 3 ticipant progress, reporting participant outcomes, and reporting 4 other performance measures. 5 (17) A provider is not required to use certificated teachers 6 or certificated counselors to provide instructional and counsel- 7 ing services in a program funded under this section. 8 (18) As used in this section: 9 (a) "Adult education", for the purposes of complying with 10 section 3 of article VIII of the state constitution of 1963, 11 means a high school pupil receiving educational services in a 12 nontraditional setting from a district or intermediate district 13 in order to receive a high school diploma. 14 (b) "Adult learning program" means a program approved by the 15 departmentof career developmentthat improves reading, writ- 16 ing, and math skills to workforce readiness standards; an English 17 as a second language program; a G.E.D. preparation program; a 18 high school completion program; or a workforce readiness program 19 that enhances employment opportunities. 20 (c) "Eligible adult learning provider" means a district, 21 public school academy, intermediate district, community college, 22 university, community-based organization, or other organization 23 approved by the departmentof career developmentthat provides 24 adult learning programs under a contract with a local workforce 25 development board. 07908'02 47 1 (d) "Participant" means an individual enrolled in an adult 2 learning program and receiving services from an eligible adult 3 learning provider. 4 (e) "Strategic plan" means a document approved by the 5 departmentof career developmentthat incorporates adult learn- 6 ing goals and objectives for the local workforce development 7 board region and is developed jointly by the local workforce 8 development board and the education advisory groups. 9 (f) "Workforce development board" means a local workforce 10 development board established pursuant to the workforce invest- 11 ment act of 1998, Public Law 105-220, 112 Stat. 936, and the 12 school-to-work opportunities act of 1994, Public Law 103-239, 108 13 Stat. 568, or the equivalent. 14 (g) "Workforce readiness standard" means a proficiency level 15 approved by the departmentof career developmentin English 16 language, reading, writing, or mathematics, or any and all of 17 these, as determined by results from assessments approved for use 18 by the department.of career development.19 Enacting section 1. This amendatory act does not take 20 effect unless all of the following bills of the 91st Legislature 21 are enacted into law: 22 (a) Senate Bill No. ____ or House Bill No. 6457 (request 23 no. 07890'02). 24 (b) Senate Bill No. ____ or House Bill No. 6455 (request 25 no. 07909'02). 26 (c) Senate Bill No. ____ or House Bill No. 6456 (request 27 no. 07909'02 a). 07908'02 Final page.