HB-6230, As Passed House, September 29, 2004
September 22, 2004, Introduced by Reps. Palmer, Voorhees, Drolet, Tabor and Hummel and referred to the Committee on Education.
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending section 1704a (MCL 388.1704a), as amended by 2003 PA
158.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 104a. (1) In order to receive state aid under this
2 act, a district shall comply with this section and shall
3 administer state assessments to high school pupils in the subject
4 areas of communications skills, mathematics, science, and social
5 studies. If the
department of treasury or the Michigan
6 assessment governing
board, as applicable, determines
that it
7 would be consistent with the purposes of this section, the
8 department of
treasury or the Michigan assessment governing
9 board, as applicable, may designate the grade 11 Michigan
10 education assessment program tests or the ACT/ACT work keys tests
1 as the assessments to be used for the purposes of this section.
2 The district shall include on the pupil's high school transcript
3 all of the following:
4 (a) For each high school graduate who has completed a subject
5 area assessment under this section, the pupil's scaled score on
6 the assessment.
7 (b) If the pupil's scaled score on a subject area assessment
8 falls within the range required under subsection (2) for a
9 category established under subsection (2), an indication that the
10 pupil has achieved state endorsement for that subject area.
11 (c) The number of school days the pupil was in attendance at
12 school each school year during high school and the total number
13 of school days in session for each of those school years.
14 (2) The department of
treasury shall develop scaled scores
15 for reporting subject area assessment results for each of the
16 subject areas under this
section. The department of treasury
17 shall establish 3 categories for each subject area indicating
18 basic competency, above average, and outstanding, and shall
19 establish the scaled score range required for each category. The
20 department of
treasury shall design and distribute to
21 districts, intermediate districts, and nonpublic schools a simple
22 and concise document that describes these categories in each
23 subject area and indicates the scaled score ranges for each
24 category in each subject area. A district may award a high
25 school diploma to a pupil who successfully completes local
26 district requirements established in accordance with state law
27 for high school graduation, regardless of whether the pupil is
1 eligible for any state endorsement.
2 (3) The assessments administered for the purposes of this
3 section shall be
administered to pupils during the last 30 90
4 school days of grade 11.
The department of treasury shall
5 ensure that the assessments are scored and the scores are
6 returned to pupils, their parents or legal guardians, and
7 districts not later than the beginning of the pupil's first
8 semester of grade 12.
The department of treasury shall arrange
9 for those portions of a pupil's assessment that cannot be scored
10 mechanically to be scored in Michigan by persons who are Michigan
11 teachers, retired Michigan teachers, or Michigan school
12 administrators and who have been trained in scoring the
13 assessments. The returned scores shall indicate the pupil's
14 scaled score for each subject area assessment, the range of
15 scaled scores for each subject area, and the range of scaled
16 scores required for each category established under
17 subsection (2). In reporting the scores to pupils, parents, and
18 schools, the department of
treasury shall provide specific,
19 meaningful, and timely feedback on the pupil's performance on the
20 assessment.
21 (4) For each pupil who does not achieve state endorsement in
22 1 or more subject areas, the board of the district in which the
23 pupil is enrolled shall provide that there be at least 1 meeting
24 attended by at least the pupil and a member of the district's
25 staff or a local or intermediate district consultant who is
26 proficient in the measurement and evaluation of pupils. The
27 district may provide the meeting as a group meeting for pupils in
1 similar circumstances. If the pupil is a minor, the district
2 shall invite and encourage the pupil's parent, legal guardian, or
3 person in loco parentis to attend the meeting and shall mail a
4 notice of the meeting to the pupil's parent, legal guardian, or
5 person in loco parentis. The purpose of this meeting and any
6 subsequent meeting under this subsection shall be to determine an
7 educational program for the pupil designed to have the pupil
8 achieve state endorsement in each subject area in which he or she
9 did not achieve state endorsement. In addition, a district may
10 provide for subsequent meetings with the pupil conducted by a
11 high school counselor or teacher designated by the pupil's high
12 school principal, and shall invite and encourage the pupil's
13 parent, legal guardian, or person in loco parentis to attend the
14 subsequent meetings. The district shall provide special programs
15 for the pupil or develop a program using the educational programs
16 regularly provided by the district unless the board of the
17 district decides otherwise and publishes and explains its
18 decision in a public justification report.
19 (5) A pupil who wants to repeat an assessment administered
20 under this section may repeat the assessment, without charge to
21 the pupil, in the next school year or after graduation. An
22 individual may repeat an assessment at any time the district
23 administers an applicable assessment instrument or during a
24 retesting period under subsection (7).
25 (6) The department of
treasury shall ensure that the length
26 of the assessments used for the purposes of this section and the
27 combined total time necessary to administer all of the
1 assessments are the shortest possible that will still maintain
2 the degree of reliability and validity of the assessment results
3 determined necessary by
the department. of treasury. The
4 department of
treasury shall ensure that the maximum total
5 combined length of time that schools are required to set aside
6 for administration of all of the assessments used for the
7 purposes of this section does not exceed 8 hours. However, this
8 subsection does not limit the amount of time that individuals may
9 have to complete the assessments.
10 (7) The department of
treasury shall establish, schedule,
11 and arrange periodic retesting periods throughout the year for
12 individuals who desire to repeat an assessment under this
13 section. The department of
treasury shall coordinate the
14 arrangements for administering the repeat assessments and shall
15 ensure that the retesting is made available at least within each
16 intermediate district and, to the extent possible, within each
17 district.
18 (8) A district shall provide accommodations to a pupil with
19 disabilities for the assessments required under this section, as
20 provided under section 504 of title V of the rehabilitation act
21 of 1973, Public Law
93-112, 29 U.S.C. 29 USC 794; subtitle A of
22 title II of the Americans
with disabilities act of 1990, Public
23 Law 101-336, 42 U.S.C.
42 USC 12131 to 12134; and
the
24 implementing regulations for those statutes.
25 (9) For the purposes
of this section, the department of
26 treasury shall develop or select and approve assessment
27 instruments to measure pupil performance in communications
1 skills, mathematics, social studies, and science. Unless the
2 department of
treasury selects and approves the ACT/ACT work
3 keys tests, the assessment instruments shall be based on the
4 model core academic content standards objectives under section
5 1278 of the revised school code, MCL 380.1278.
6 (10) Upon written request by the pupil's parent or legal
7 guardian stating that the request is being made for the purpose
8 of providing the pupil with an opportunity to qualify to take 1
9 or more postsecondary courses as an eligible student under the
10 postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to
11 388.524, the board of a district shall allow a pupil who is in at
12 least grade 10 to take an assessment administered under this
13 section without charge at any time the district regularly
14 administers the assessment or during a retesting period
15 established under subsection (7). A district is not required to
16 include in an annual education report, or in any other report
17 submitted to the
department of treasury for accreditation
18 purposes, results of assessments taken under this subsection by a
19 pupil in grade 11 or lower until the results of that pupil's
20 graduating class are otherwise reported.
21 (11) All assessment instruments developed or selected and
22 approved by the state under any statute or rule for a purpose
23 related to K to 12 education shall be objective-oriented and
24 consistent with the model core academic content standards
25 objectives under section 1278 of the revised school code,
26 MCL 380.1278.
27 (12) A person who has graduated from high school after 1996
1 and who has not previously taken an assessment under this section
2 may take an assessment used for the purposes of this section,
3 without charge to the person, at the district from which he or
4 she graduated from high school at any time that district
5 administers the assessment or during a retesting period scheduled
6 under subsection (7) and have his or her scaled score on the
7 assessment included on his or her high school transcript. If the
8 person's scaled score on a subject area assessment falls within
9 the range required under subsection (2) for a category
10 established under subsection (2), the district shall also
11 indicate on the person's high school transcript that the person
12 has achieved state endorsement for that subject area.
13 (13) A child who is a student in a nonpublic school or home
14 school may take an assessment under this section. To take an
15 assessment, a child who is a student in a home school shall
16 contact the district in which the child resides, and that
17 district shall administer the assessment, or the child may take
18 the assessment at a nonpublic school if allowed by the nonpublic
19 school. Upon request
from a nonpublic school, the department of
20 treasury shall supply assessments and the nonpublic school may
21 administer the assessment.
22 (14) The purpose of the assessment under this section is to
23 assess pupil performance in mathematics, science, social studies,
24 and communication arts for the purpose of improving academic
25 achievement and establishing a statewide standard of competency.
26 The assessment under this section provides a common measure of
27 data that will contribute to the improvement of Michigan schools'
1 curriculum and instruction by encouraging alignment with
2 Michigan's curriculum framework standards. These standards are
3 based upon the expectations of what pupils should know and be
4 able to do by the end of grade 11.
5 (15) If the
Michigan assessment governing board is
6 established by law,
the Michigan assessment governing board shall
7 administer this
section and shall have all of the powers and
8 duties as otherwise
provided under this section for the
9 department of
treasury.
10 (15) (16) As
used in this section:
11 (a) "Communications skills" means reading and writing.
12 (b) "Social studies" means geography, history, economics, and
13 American government.