HOUSE BILL No. 4276

 

February 15, 2005, Introduced by Reps. Vander Veen, Sheltrown, Taub and Drolet 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 25c (MCL 388.1625c), as added by 2001 PA 121;

 

and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 25c. (1)  Beginning in 2000-2001, this  This section

 

applies to an educating district's enrollment of a pupil if  the

 

educating district is a school district of the first class under

 

the revised school code and if  all of the following apply:

 

     (a) The pupil transfers from another district and enrolls in

 

the educating district after the pupil membership count day.

 

     (b) Due to the pupil's enrollment status as of the pupil

 


membership count day, the pupil was counted in membership in the

 

district from which he or she transfers.

 

     (c) The pupil was a resident of the educating district on the

 

pupil membership count day or met other eligibility criteria under

 

section 6(4) or (6) to be counted in membership in the educating

 

district if the pupil had been enrolled in the educating district

 

on the pupil membership count day.

 

     (d) The total number of pupils enrolled in the district who

 

are described in subdivisions (a), (b), and (c) is at least equal

 

to 25.

 

     (2) If the conditions specified in subsection (1) are met, and

 

a pupil transfers from another district and enrolls during a school

 

year in the educating district, the educating district shall report

 

the enrollment information to the department and to the district in

 

which the pupil is counted in membership, and the district in which

 

the pupil is counted in membership shall pay to the educating

 

district an amount equal to the amount of the foundation allowance

 

or per pupil payment as calculated under section 20 for the

 

district in which the pupil is counted in membership, prorated

 

according to the number of days of the school year ending in the

 

fiscal year the pupil is educated in the educating district

 

compared to the number of days of the school year ending in the

 

fiscal year the pupil was actually enrolled in the district in

 

which the pupil is counted in membership. The foundation allowance

 

or per pupil payment shall be adjusted by the pupil's full-time

 

equated status as affected by the membership definition under

 

section 6(4). If a district does not make the payment required

 


under this section within 30 days after receipt of the report, the

 

department shall calculate the amount owed, shall deduct that

 

amount from the remaining state school aid payments to the district

 

for that fiscal year under this act, and shall pay that amount to

 

the educating district. The district in which the pupil is counted

 

in membership and the educating district shall provide to the

 

department all information the department requires to enforce this

 

section.

 

     (3) In determining the total amount a district owes to the

 

educating district under this section, regardless of whether that

 

district is otherwise eligible for payment from the educating

 

district under this section, the district may calculate and

 

subtract from the amount owed, using the calculation described in

 

subsection (1), any amount applicable to pupils who transfer to

 

that district from the educating district and meet the requirements

 

of subsection  (1)(a) to (c)  (1).

 

     (4) As used in this section, "educating district" means the

 

district in which a pupil enrolls after the pupil membership count

 

day as described in subsection (1).

 

     Enacting section 1.  Section 25b of the state school aid act

 

of 1979, 1979 PA 94, MCL 388.1625b, is repealed.