HB-5384, As Passed Senate, June 8, 2016
SUBSTITUTE FOR
HOUSE BILL NO. 5384
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending the title and sections 3, 5, 6, 11, 11a, 501, 502, 507,
522, 528, 551, 552, 561, 654, 705, 921, 1147, 1225, 1229, 1231,
1233, 1237, 1240, 1250, 1351a, and 1356 (MCL 380.3, 380.5, 380.6,
380.11, 380.11a, 380.501, 380.502, 380.507, 380.522, 380.528,
380.551, 380.552, 380.561, 380.654, 380.705, 380.921, 380.1147,
380.1225, 380.1229, 380.1231, 380.1233, 380.1237, 380.1240,
380.1250, 380.1351a, and 380.1356), the title as amended by 2003 PA
179, section 3 as amended by 2007 PA 45, section 5 as amended by
2011 PA 232, sections 6 and 1250 as amended by 2009 PA 205, section
11 as amended by 1995 PA 289, section 11a as amended by 2010 PA 91,
sections 501, 502, 507, 522, 528, 551, and 561 as amended by 2011
PA 277, section 552 as amended by 2012 PA 129, section 705 as
amended by 2003 PA 299, section 1147 as amended by 2014 PA 479,
section 1225 as amended by 2012 PA 1, section 1229 as amended by
2011 PA 105, section 1231 as amended by 2002 PA 735, section 1233
as amended by 2000 PA 288, section 1237 as added by 2000 PA 387,
section 1240 as added by 2004 PA 380, section 1351a as amended by
2002 PA 65, and section 1356 as amended by 2002 PA 181, and by
adding sections 12b and 1233c and part 5b; and to repeal acts and
parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to provide a system of public instruction and
elementary and secondary schools; to revise, consolidate, and
clarify the laws relating to elementary and secondary education; to
provide for the organization, regulation, and maintenance of
schools, school districts, public school academies, intermediate
school districts, and other public school entities; to prescribe
rights, powers, duties, and privileges of schools, school
districts, public school academies, intermediate school districts,
and other public school entities; to provide for the regulation of
school teachers and certain other school employees; to provide for
school elections and to prescribe powers and duties with respect
thereto; to provide for the levy and collection of taxes; to
provide for the borrowing of money and issuance of bonds and other
evidences of indebtedness; to establish a fund and provide for
expenditures from that fund; to make appropriations for certain
purposes; to provide for and prescribe the powers and duties of
certain state departments, the state board of education, and
certain other boards and officials; to provide for licensure of
boarding schools; to prescribe penalties; and to repeal acts and
parts of acts.
Sec. 3. (1) "Area" as used in the phrase "area vocational-
technical education program" or "area career and technical
education program" means the geographical territory, within the
boundaries of a K to 12 school district, an intermediate school
district, or a community college district, that is designated by
the department as the service area for the operation of an area
vocational-technical education program.
(2) "Area vocational-technical education program", "area
career and technical education program", or "career and technical
education program" means a program of organized, systematic
instruction
designed to prepare the following persons individuals
for useful employment in recognized occupations:
(a)
Persons Individuals participating in career and technical
education readiness activities that lead to enrollment in a career
and technical education program in high school.
(b)
Persons Individuals enrolled in high school in a school
district, intermediate school district, public school academy, or
nonpublic school.
(c)
Persons Individuals who have completed or left high school
and who are available for full-time study in preparation for
entering the labor market.
(d)
Persons Individuals who have entered the labor market and
who need training or retraining to achieve stability or advancement
in employment.
(3) "Board" or "school board" means the governing body of a
local school district unless clearly otherwise stated.
(4) "Boarding school" means a place accepting for board, care,
and instruction 5 or more children under 16 years of age.
(5) "Community district" means a school district organized
under part 5b.
(6) (5)
"Constituent district"
means a local school district
the territory of which is entirely within and is an integral part
of an intermediate school district.
Sec.
5. (1) "Local act school district" or "special act school
district"
means a district governed by a special
or local act or
chapter of a local act. "Local school district" and "local school
district board" as used in article 3 include a local act school
district and a local act school district board.
(2) "Membership" means the number of full-time equivalent
pupils in a public school as determined by the number of pupils
registered for attendance plus pupils received by transfer and
minus
pupils lost as defined by rules promulgated by the state
board.superintendent of public instruction.
(3) "Michigan election law" means the Michigan election law,
1954 PA 116, MCL 168.1 to 168.992.
(4) "Nonpublic school" means a private, denominational, or
parochial school.
(5) "Objectives" means measurable pupil academic skills and
knowledge.
(6) "Public school" means a public elementary or secondary
educational entity or agency that is established under this act or
under other law of this state, has as its primary mission the
teaching and learning of academic and vocational-technical skills
and
knowledge, and is operated by a school district, local act
school
district, special act school district, intermediate school
district, school of excellence corporation, public school academy
corporation, strict discipline academy corporation, urban high
school
academy corporation, or by the department, or the state
board, or another public body. Public school also includes a
laboratory school or other elementary or secondary school that is
controlled and operated by a state public university described in
section 4, 5, or 6 of article VIII of the state constitution of
1963.
(7) "Public school academy" means a public school academy
established under part 6a and, except as used in part 6a, also
includes an urban high school academy established under part 6c, a
school of excellence established under part 6e, and a strict
discipline academy established under sections 1311b to 1311m.
(8) "Pupil membership count day" of a school district means
that term as defined in section 6 of the state school aid act of
1979, MCL 388.1606.
(9) "Qualifying school district" means a school district that
was previously organized and operated as a first class school
district governed by part 6 that has a pupil membership of less
than 100,000 enrolled on its most recent pupil membership count
day, including, but not limited to, a school district that was
previously organized and operated as a first class school district
before the effective date of the amendatory act that added this
subsection.
(10) (9)
"Regular school election"
or "regular election" means
the election held in a school district, local act school district,
or intermediate school district to elect a school board member in
the regular course of the terms of that office and held on the
school district's regular election date as determined under section
642c of the Michigan election law, MCL 168.642c.
(11) (10)
"Reorganized intermediate
school district" means an
intermediate school district formed by consolidation or annexation
of 2 or more intermediate school districts under sections 701 and
702.
(12) (11)
"Rule" means a rule
promulgated under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
Sec. 6. (1) "School district" or "local school district" means
a general powers school district organized under this act,
regardless of previous classification, a community district, or a
school district of the first class.
(2) "School district filing official" means the school
district election coordinator as defined in section 4 of the
Michigan election law, MCL 168.4, or an authorized agent of the
school district election coordinator.
(3) "School elector" means a person qualified as an elector
under section 492 of the Michigan election law, MCL 168.492, and
resident of the school district or intermediate school district on
or before the thirtieth day before the next ensuing regular or
special school election.
(4) "School month" means a 4-week period of 5 days each unless
otherwise specified in the teacher's contract.
(5) "School of excellence" means a school of excellence
established under part 6e.
(6) "Special education building and equipment" means a
structure or portion of a structure or personal property accepted,
leased, purchased, or otherwise acquired, prepared, or used for
special education programs and services.
(7) "Special education personnel" means persons engaged in and
having professional responsibility for students with a disability
in special education programs and services including, but not
limited to, teachers, aides, school social workers, diagnostic
personnel, physical therapists, occupational therapists,
audiologists, teachers of speech and language, instructional media-
curriculum specialists, mobility specialists, teacher consultants,
supervisors, and directors.
(8) "Special education programs and services" means
educational and training services designed for students with a
disability
and operated by local a school districts, local act
school
districts, district, intermediate school districts,
district,
the Michigan schools for the deaf and
blind, the
department
of community health, the department
of health and human
services, or a combination of these, and ancillary professional
services for students with a disability rendered by agencies
approved
by the state board. superintendent
of public instruction.
The programs shall include vocational training, but need not
include academic programs of college or university level.
(9) "Special school election" or "special election" means a
school district election to fill a vacancy on the school board or
submit a ballot question to the school electors that is held on a
regular election date established under section 641 of the Michigan
election law, MCL 168.641.
(10) "State approved nonpublic school" means a nonpublic
school that complies with 1921 PA 302, MCL 388.551 to 388.558.
(11) "State board" means the state board of education created
by section 3 of article VIII of the state constitution of 1963
unless clearly otherwise stated.
(12) "Student with a disability" means that term as defined in
R 340.1702 of the Michigan administrative code.
(13) "Department" means the department of education created
and
operating under sections 300 to 305
of the executive
organization act of 1965, 1965 PA 380, MCL 16.400 to 16.405.
(14) "State school aid" means allotments from the general
appropriating act for the purpose of aiding in the support of the
public schools of the state, including, but not limited to,
appropriations from the state school aid fund under the state
school aid act of 1979.
(15) "The state school aid act of 1979" means the state school
aid
act of 1979, 1979 PA 94, MCL 388.1601 to 388.1772.388.1896.
Sec. 11. Each school district, except a school district of the
first class or a community district, shall be organized and
conducted as a general powers school district regardless of
previous classification.
Sec. 11a. (1) Beginning on July 1, 1996, each school district
formerly organized as a primary school district or as a school
district of the fourth class, third class, or second class shall be
a general powers school district under this act.
(2) Beginning on July 1, 1996, a school district operating
under a special or local act shall operate as a general powers
school district under this act except to the extent that the
special or local act is inconsistent with this act. Upon repeal of
a special or local act that governs a school district, that school
district shall become a general powers school district under this
act.
(3) A general powers school district has all of the rights,
powers, and duties expressly stated in this act; may exercise a
power implied or incident to a power expressly stated in this act;
and, except as otherwise provided by law, may exercise a power
incidental or appropriate to the performance of a function related
to
operation of the school district a public school and the
provision of public education services in the interests of public
elementary and secondary education in the school district,
including, but not limited to, all of the following:
(a) Educating pupils. In addition to educating pupils in
grades K-12, this function may include operation of preschool,
lifelong education, adult education, community education, training,
enrichment, and recreation programs for other persons. A school
district may do either or both of the following:
(i) Educate pupils by directly operating 1 or more public
schools on its own.
(ii) Cause public education services to be provided for pupils
of the school district through an agreement, contract, or other
cooperative agreement with another public entity, including, but
not limited to, another school district or an intermediate school
district.
(b) Providing for the safety and welfare of pupils while at
school or a school sponsored activity or while en route to or from
school or a school sponsored activity.
(c)
Acquiring, Except as
otherwise provided in this section,
acquiring, constructing, maintaining, repairing, renovating,
disposing of, or conveying school property, facilities, equipment,
technology, or furnishings.
(d) Hiring, contracting for, scheduling, supervising, or
terminating employees, independent contractors, and others,
including, but not limited to, another school district or an
intermediate school district, to carry out school district powers.
A school district may indemnify its employees.
(e)
Receiving, accounting for, investing, or expending school
district
public school money; borrowing money and pledging school
district
public school funds for repayment; and qualifying for
state school aid and other public or private money from local,
regional, state, or federal sources.
(4) A general powers school district may enter into
agreements, contracts, or other cooperative arrangements with other
entities, public or private, including, but not limited to, another
school district or an intermediate school district, or join
organizations as part of performing the functions of the school
district. An agreement, contract, or other cooperative arrangement
that is entered into under this act is not required to comply with
the provisions of the urban cooperation act of 1967, 1967 (Ex Sess)
PA 7, MCL 124.501 to 124.512, as provided under section 503 of that
act, MCL 124.503.
(5) A general powers school district is a body corporate and
shall be governed by a school board. An act of a school board is
not valid unless approved, at a meeting of the school board, by a
majority vote of the members lawfully serving on the board.
(6) The board of a general powers school district shall adopt
bylaws. These bylaws may establish or change board procedures, the
number of board officers, titles and duties of board officers, and
any other matter related to effective and efficient functioning of
the board. Regular meetings of the board shall be held at least
once each month, at the time and place fixed by the bylaws. Special
meetings may be called and held in the manner and for the purposes
specified in the bylaws. Board procedures, bylaws, and policies in
effect on the effective date of this section shall continue in
effect until changed by action of the board.
(7) The board of a school district shall be elected as
provided under this act and the Michigan election law. The number
of members of the board of a general powers school district shall
remain the same as for that school district before July 1, 1996
unless changed by the school electors of the school district at a
regular or special school election. A ballot question for changing
the number of board members may be placed on the ballot by action
of the board or by petition submitted by school electors as
provided under chapter XIV of the Michigan election law, MCL
168.301 to 168.316.
(8) Members of the board of a general powers school district
shall be elected by the school electors for terms of 4 or 6 years,
as provided by the school district's bylaws. At each regular school
election, members of the board shall be elected to fill the
positions of those whose terms will expire. A term of office begins
as provided in section 302 of the Michigan election law, MCL
168.302, and continues until a successor is elected and qualified.
(9) Except as provided under part 5b, a community district
shall be organized and conducted in the same manner as a general
powers school district. As provided under part 5b, a community
district has all of the powers of a general powers school district
under section 11a and has all additional powers granted by law to a
community district or the school board of a community district. The
members of the board of a community district shall be elected by
the school electors in the manner and for the terms as provided
under part 5b and the Michigan election law.
(10) (9)
The board of a general powers
school district may
submit to the school electors of the school district a question
that is within the scope of the powers of the school electors and
that the board considers proper for the management of the school
system or the advancement of education in the school district. Upon
the adoption of a question by the board, the board shall submit the
question to the school electors by complying with section 312 of
the Michigan election law, MCL 168.312.
(11) (10)
A special election may be called by
the board of a
general powers school district as provided under chapter XIV of the
Michigan election law, MCL 168.301 to 168.316.
(12) (11)
Unless expressly provided in 1995
PA 289, the powers
of a school board or school district are not diminished by this
section or by 1995 PA 289.
(13) (12)
A school district operating a
public library, public
museum, or community recreational facility as of July 1, 1996 may
continue to operate the public library, public museum, or community
recreational facility.
(14) (13)
A school district may establish and
administer
scholarships for its students or graduates to support their
attendance at a postsecondary educational institution from funds
the school district receives as a result of a compact entered into
between this state and a federally recognized Indian tribe pursuant
to the Indian gaming regulatory act, Public Law 100-497. A school
district that establishes a scholarship program funded under this
subsection shall ensure that the scholarship program provides for
all of the following:
(a) That a student or graduate is not eligible to be awarded a
scholarship unless the student or graduate is enrolled in the
school district for all of grades 9 to 12 and meets 1 of the
following:
(i) Is a resident of the school district for all of grades 9
to 12.
(ii) Was enrolled in the school district for the 2009-2010
school year but was not a resident of the school district for that
school year, and is enrolled in the school district continuously
after that school year until graduation.
(b) That the amount of a scholarship awarded to a student or
graduate who was not enrolled in and a continuous resident of the
school district for all of grades K to 12 shall be adjusted based
on length of enrollment and continuous residency or, for a student
or graduate described in subdivision (a)(ii), based on length of
enrollment.
Sec. 12b. (1) Beginning on the effective date of the
amendatory act that added this section, if a school district is or
becomes a qualifying school district, the school district shall
lose its organization and be dissolved as provided in this section.
(2) If a school district loses its organization under
subsection (1), except as otherwise provided in this section, all
records, funds, and property of the qualifying school district are
transferred on the transfer date to a community district created
with the same geographic boundaries of the qualifying school
district under part 5b. Except as otherwise provided in this
section, proceeds from bonds, notes, or emergency loans, taxes
levied by or payable to the qualifying school district, money
payable to the qualifying school district under the state school
aid act of 1979, and advances or other payments relating to any of
these, and all of the qualifying school district functions
described under subsection (3), shall be retained by the qualifying
school district and are not transferred to the community district.
A school building or other real property owned by the qualifying
school district becomes part of and owned by the community
district. If a qualifying school district has outstanding debt on
the transfer date, the qualifying school district shall retain a
limited separate identity as a school district and the territory of
the qualifying school district shall continue as a separate taxing
unit only for the limited public purposes of the repayment of the
debt until the debt is retired, satisfying liability from legal
claims filed before the transfer date, and protecting the credit of
this state and of its school districts.
(3) Before the transfer date, the governor shall designate an
individual who is authorized by law to act for and in the place and
stead of the school board and superintendent of schools of the
qualifying school district as the transition manager for the
community district to perform functions and satisfy
responsibilities of the community district, of the school board and
superintendent of schools of the community district, and of the
transition manager under this section until the elected members of
the school board of the community district are elected and take
office under section 384. Until that time, the transition manager
shall exercise the powers, perform the functions, and satisfy the
responsibilities of the school board and superintendent of schools
of the community district, except that the transition manager shall
not negotiate or enter into any collective bargaining agreement
that would bind the elected school board of the community district.
Until that date, the transition manager also shall perform the
functions and satisfy the responsibilities of the school board and
superintendent of schools of the qualifying school district
relating to the repayment of debt and the dissolution of the
qualifying school district, including, but not limited to, all of
the following:
(a) Certifying and levying taxes for satisfaction of the debt
in the name of the qualifying school district.
(b) Doing all other things relative to the repayment of
outstanding debt of the qualifying school district required by law
and by the terms of the debt, including, but not limited to, filing
draw requests and borrowing from the revolving loan fund for debt
service on qualified bonds under the school bond qualification,
approval, and loan act, 2005 PA 92, MCL 388.1921 to 388.1939,
levying or seeking voter approval for a renewal of a school
operating tax under section 1211, or refunding or refinancing debt.
(c) Doing all other things relative to the dissolution of the
qualifying school district.
(4) An individual designated as a transition manager under
subsection (3) shall perform the functions and satisfy the
responsibilities of a transition manager under this section from
the time of the designation until the elected members of the school
board of the community district are elected and take office under
section 384. Officers, employees, agents, and contractors of the
community district are subject to direction and supervision by the
transition manager and shall actively cooperate with the transition
manager in the transition manager's performance of functions and
responsibilities under this section. The functions and
responsibilities of the transition manager under this section
include, but are not limited to, all of the following before, on,
and after the transfer date:
(a) Appointing an interim superintendent of schools for the
community district to perform the functions of the superintendent
of schools for the community district only until a superintendent
of schools is selected by the school board of the community
district and takes office.
(b) Subject to the control of the financial review commission
under section 387, adopting the initial budget and general
appropriations act for the community district for the first fiscal
year of the community district. The initial budget and general
appropriations act are subject to amendment by the school board of
the community district after the school board is elected and takes
office under section 384.
(c) Subject to the control of the financial review commission
under section 387, establishing financial and accounting systems
for the community district and transferring financial records from
the qualifying school district to the community district.
(d) Transferring student records from the qualifying school
district in a manner that complies with laws applicable to student
records.
(e) Taking action necessary to ensure that state or federal
grants payable and expendable by the qualifying school district
before the transfer date are payable and expendable by the
community district as a successor entity to the qualifying school
district after the transfer date.
(f) Taking action necessary to ensure that school buildings
and other school property transferred to the community district by
operation of law under this section are ready for use in the first
school year that begins after the transfer date and preparing a
schedule of all fixed assets transferred from the qualifying school
district to the community district.
(g) Taking action necessary to ensure the continuity of
ongoing educational programs operational both before and after the
transfer date and properly accounting for the funding of the
educational programs.
(h) Subject to the control of the financial review commission
under section 387, negotiating and approving amended or new
agreements with vendors of the qualifying school district to assure
that the necessary services are available to be provided to the
community district. This does not include a collective bargaining
agreement.
(i) Adopting on behalf of the community district any policy or
operating procedure required by law for a school district as
necessary to ensure the community district's compliance with this
act and other applicable law.
(5) As permitted under federal law, on the transfer date the
superintendent of public instruction shall allocate to a community
district receiving the functions and responsibilities of a
qualifying school district for a public school under subsection (2)
all applicable grants under 20 USC 6333, 20 USC 6334, 20 USC 6335,
and 20 USC 6337, and other federal funds that would otherwise be
made available for grants to or federal funding for the public
school or make other adjustments in the allocation of federal funds
to implement the transfer of functions and responsibilities for the
public school. The community district is the successor entity of
the qualifying school district for purposes of receiving and
expending federal grants.
(6) For a community district's first school year of operations
only, until the department is able to calculate the community
district's membership, the department shall use the membership of
the qualifying school district for the purposes of making state
school aid allocations to the community district under the state
school aid act of 1979.
(7) Effective on the transfer date for a qualifying school
district and the community district created with the same
geographic boundaries of the qualifying school district under part
5b, all of the following apply:
(a) The community district acquires, succeeds to, and assumes
the exclusive right, responsibility, and authority to own, occupy,
operate, control, use, lease, and convey the facilities of the
qualifying school district existing as of the transfer date,
including all lands, buildings, improvements, structures,
easements, rights of access, and all other privileges and
appurtenances. The officers of the qualifying school district shall
execute any instruments of conveyance, assignment, and transfer
that are necessary or appropriate to accomplish the acquisition and
succession under this subdivision. Occupancy of a facility by a
community district under this subdivision is not considered to be a
change in occupancy for any purpose under state or local law.
(b) Except as otherwise provided in this section, the
community district acquires, succeeds to, and assumes all rights,
title, and interests in and to the fixtures, equipment, materials,
furnishings, and other personal property owned and used by the
qualifying school district as of the transfer date. The officers of
the qualifying school district shall execute any instruments of
conveyance, assignment, and transfer that are necessary or
appropriate to accomplish the acquisition and succession under this
subdivision.
(c) Except as otherwise provided in this section, the
community district acquires, succeeds to, and assumes all of the
rights of the qualifying school district relating to the qualifying
school district under any ordinances, agreements, or other
instruments and under law. This includes, but is not limited to, a
contract issued by the qualifying school district under this act to
organize and operate a public school academy. This succession
includes, and there is transferred to the community district, all
licenses, permits, approvals, or awards related to the qualifying
school district along with all grant agreements, grant pre-
applications, and the right to receive the balance of any funds
payable under the agreements.
(d) The community district has the right and authority to own,
occupy, operate, control, use, lease, and convey the facilities
transferred by the qualifying school district, subject to any liens
on the real property.
(e) Except for debt or other obligations retained by the
qualifying school district under this section, the community
district has the qualifying school district's right, title, and
interest in and all of the qualifying school district's
responsibilities and authority arising under leases, concessions,
and other contracts for facilities.
(f) All records and files, software, and software licenses
required for financial management, personnel management, accounting
and inventory systems, or general administration of the qualifying
school district are transferred to the community district without
reversion or impairment to the maximum extent permitted by law.
(g) A community district acquires, succeeds to, and assumes
all of the rights, duties, and obligations under a collective
bargaining agreement applicable to the qualifying school district
on the transfer date. The terms and conditions of that collective
bargaining agreement applicable to employees of the qualifying
school district on the transfer date shall be the terms and
conditions applicable to employees of the community district and
except for the superintendent of schools, the community district
shall be the successor employer for employees of the qualifying
school district on the transfer date. Except for the superintendent
of schools, an individual who is entitled to employment by the
qualifying school district on the transfer date shall be entitled
to employment by the community district following the transfer to
the community district.
(h) For individuals who become employed by a community
district by the operation of subdivision (g), the transition
manager shall take all steps necessary to ensure that all personnel
records are transferred from the qualifying school district to the
community district. For an individual who becomes employed by a
community district by the operation of subdivision (g), the
community district is not required to obtain a criminal history
check under section 1230 or a criminal records check under section
1230a or to request information concerning unprofessional conduct
under section 1230b before employing the individual.
(i) On the transfer date, a pupil enrolled in the qualifying
school district in the immediately preceding school year other than
an individual who has completed grade 12 is automatically enrolled
by operation of law in the community district for the next school
year. The transition manager shall use best efforts to assign a
pupil to the appropriate grade at the school the pupil attended in
the preceding school year, or to another school that the pupil has
applied and been admitted to before the transfer date, unless the
appropriate grade is not offered at that school or that school is
closed. The transition manager shall ensure that all pupil records
are transferred from the qualifying school district to the
community district in accordance with sections 1134 and 1135. This
section does not diminish or limit the right of a pupil to attend a
school of his or her choice.
(8) A transfer to a community district under this section does
not impair a contract with a party in privity with the qualifying
school district.
(9) Upon the transfer to a community district, the community
district assumes and the qualifying school district is relieved
from all operational jurisdiction over the qualifying school
district and facilities and is relieved from all further costs and
responsibility arising from or associated with operating a public
school or providing public education services, except as otherwise
required under obligations retained by the qualifying school
district under this section, including, but not limited to, debt.
(10) A qualifying school district shall do all of the
following:
(a) Refrain from any action that would impair a community
district's exercise of the powers granted to the community district
under this section or part 5b, or that would impair the efficient
operation and management of the community district.
(b) Take all action reasonably necessary to cure any defects
in title to property transferred from the qualifying school
district to the community district.
(c) Upon creation of a community district and before the
transfer date, conduct operations of the qualifying school district
in the ordinary and usual course of business.
(d) Comply with the terms and conditions of any loan agreement
between the qualifying school district and the local financial
emergency assistance loan board under the emergency municipal loan
act, 1980 PA 243, MCL 141.931 to 141.942, including, but not
limited to, any terms and conditions providing for the payment of
transitional operating costs incurred by a community district.
(e) Notify the state treasurer upon the repayment of all
outstanding operating obligations of the qualifying school
district.
(f) Notify the state treasurer upon the repayment of all
outstanding debt of the qualifying school district.
(11) Upon the election and assumption of duties by the members
of the initial elected school board of the community district, the
school board of the qualifying school district is dissolved and the
functions and responsibilities of the qualifying school district
shall be exercised by the community district on behalf of the
qualifying school district until the qualifying school district is
fully dissolved under subsection (14).
(12) If the state treasurer is notified that all outstanding
operating obligations of the qualifying school district have been
repaid, the state treasurer shall verify whether all outstanding
obligations of the qualifying school district have been repaid. The
state treasurer also may determine that the outstanding operating
obligations of a qualifying school district have been satisfied on
his or her own without notice. If the state treasurer determines
that all outstanding operating obligations of the qualifying school
district have been repaid, the state treasurer shall certify in a
written notice to a community district that has the same geographic
boundaries as the qualifying school district that the outstanding
operating obligations of the qualifying school district have been
repaid.
(13) If the state treasurer is notified that all outstanding
debt of the qualifying school district has been repaid, the state
treasurer shall verify whether all of the outstanding debt of the
qualifying school district has been repaid. The state treasurer
also may determine that the outstanding debt of a qualifying school
district has been repaid on his or her own without notice. If the
state treasurer determines that all of the outstanding debt of the
qualifying school district has been repaid, the state treasurer
shall certify in a written notice to a community district that has
the same geographic boundaries as the qualifying district that all
outstanding debt of the qualifying school district has been repaid.
(14) Upon certification by the state treasurer under
subsection (13), the qualifying school district is fully dissolved
and any remaining assets of the qualifying school district are
transferred to the community district.
(15) As used in this section:
(a) "Debt" means that term as defined in section 103 of the
revised municipal finance act, 2001 PA 34, MCL 141.2103, and also
includes any of the following:
(i) Obligations of the qualifying school district under an
energy installment purchase contract.
(ii) Obligations of the qualifying school district under a
capital lease.
(iii) Any unpaid amounts payable by the qualifying school
district to the Michigan public school employees' retirement board
under the public school employees retirement act of 1979, 1980 PA
300, MCL 38.1301 to 38.1437.
(iv) The repayment of any loan or obligations under any loan
agreement between the qualifying school district and the local
financial emergency assistance loan board under the emergency
municipal loan act, 1980 PA 243, MCL 141.931 to 141.942.
(v) The repayment of any school financing stability bonds
under section 1356.
(vi) Any other monetary obligations of the qualifying school
district.
(b) "Operating obligation" means debt of a school district
incurred for purposes of financing the operation of a school
district or public schools operated by a school district,
including, but not limited to, fiscal stability bonds under section
1356 and an emergency loan under the emergency municipal loan act,
1980 PA 243, MCL 141.931 to 141.942, and transitional operating
costs as defined in section 3 of the emergency municipal loan act,
1980 PA 243, MCL 141.933. Operating obligation does not include
debt of a school district incurred for the purpose of constructing,
renovating, maintaining, or otherwise improving school facilities
unless the debt is incurred as transitional operating costs as
defined in section 3 of the emergency municipal loan act, 1980 PA
243, MCL 141.933.
(c) "Transfer date" means the first July 1 after the date a
school district becomes a qualifying school district. For a school
district that became a qualifying school district on the effective
date of the amendatory act that added this subdivision, the
transfer date is July 1, 2016.
PART 5B
COMMUNITY DISTRICTS
Sec. 381. (1) A school district organized as a community
district shall be governed by this part, by the provisions of
article 2 not inconsistent with this part, and by articles 3 and 4.
(2) A community district is a political subdivision and public
body corporate separate and distinct from this state and other
school districts in this state.
(3) The name of a school district governed by this part shall
include the name of the city, village, or township with the
greatest population located within the geographic boundaries of the
community district, the word "school" or "schools", and the word
"community" or "district", or both.
(4) Subject to section 12b, a school district governed by this
part shall be under the jurisdiction of and governed by the school
board of the community district provided for by section 384.
(5) As used in this part:
(a) "Authorizing body" means that term as defined in section
501, 521, or 551, as applicable.
(b) "State school reform/redesign officer" means that officer
serving under section 1280c.
(c) "Transfer date" means that term as defined in section 12b.
Sec. 382. Except as otherwise provided in this part, a
community district shall be organized and conducted in the same
manner as a general powers school district. Except as otherwise
provided by law, a community district has all of the powers of a
general powers school district under section 11a and has all
additional powers granted by law to a community district or the
school board of a community district.
Sec. 383. Effective on the date a school district becomes a
qualifying school district, a community district is created for the
same geographic area of that qualifying school district to provide
public education services for residents of that geographic area and
to otherwise exercise the powers of a community district for that
geographic area beginning on the transfer date for that qualifying
school district.
Sec. 384. (1) Until an initial school board for a community
district is elected under this section, the transition manager
designated under section 12b shall exercise the powers and duties
with respect to governance of the community district as provided
under that section.
(2) The initial school board for a community district shall
consist of 7 members elected as provided in this section. The
school district election coordinator for the community district
shall conduct the election as provided for under this section and
the Michigan election law.
(3) The school board for a community district shall consist of
7 school electors of the community district elected on a
districtwide basis. Members elected to the initial elected school
board shall be elected at the first November regular election date,
as established under section 641 of the Michigan election law, MCL
168.641, that occurs at least 90 days after the transfer date.
(4) Except as otherwise provided in this subsection, for an
individual's name to appear on the official ballot as a candidate
for member of the initial elected school board of a community
district, the candidate shall file a nominating petition and the
affidavit required by section 558 of the Michigan election law, MCL
168.558, with the school district election coordinator not later
than 4 p.m. on the fifteenth Tuesday before the election date. The
nominating petition must be signed by a minimum of 40 and maximum
of 100 school electors of the community district. The nominating
petition shall be substantially in the form prescribed under
section 303 of the Michigan election law, MCL 168.303. However,
instead of filing nominating petitions, a candidate for school
board member may pay a nonrefundable filing fee of $100.00 to the
school district election coordinator. If this fee is paid by the
due date for a nominating petition, the payment has the same effect
under this section as the filing of a nominating petition.
(5) The 2 members of the initial elected school board
receiving the highest vote totals in that election among the 7
members elected shall be elected for a term of 6 years, the 3
members of the initial elected school board receiving the next
highest vote totals in that election among the 7 members elected
shall be elected for a term of 4 years, and the 2 members of the
initial elected school board receiving the lowest vote totals in
that election among the 7 members elected shall be elected for a
term of 2 years. The term of a member of the initial elected school
board shall begin on January 1 following the member's election.
(6) After the initial terms under subsection (5), each member
of the school board of a community district shall be elected at the
November regular election date for a term of 4 years beginning on
January 1 following the member's election.
(7) The school board of a community district shall adopt
bylaws as described in section 11a(6) for a general powers school
district. These bylaws may establish or change board procedures;
establish the number, titles, and duties of board officers; and
address any other matter related to effective and efficient
functioning of the board. Regular meetings of the board shall be
held at least once each month, at the time and place fixed by the
bylaws. Special meetings may be called and held in the manner and
for the purposes specified in the bylaws.
(8) A member of a school board for a qualifying school
district under section 12b may not also serve as a member of a
school board for a community district that has the same geographic
boundaries as the qualifying school district. A member of a school
board of a community district may not also serve as a member of a
school board for a qualifying school district that has the same
geographic boundaries as the community district.
(9) As used in this section, "school district election
coordinator" means that term as defined under section 4 of the
Michigan election law, MCL 168.4.
Sec. 385. (1) The school board of a community district shall
employ a superintendent of schools. Within 90 days after the
initial school board of a community district takes office, the
school board of the community district shall appoint an initial
superintendent of schools for the community district. The initial
superintendent of schools shall be selected based upon his or her
demonstrated ability, record of competence, experience in
increasing academic achievement, experience with education reform
and redesign, and expertise in the turnaround of academically
underperforming urban schools.
(2) On an annual basis, the school board of a community
district shall evaluate and issue a report on the performance of
the community district based on the following factors:
(a) The proportion of pupils enrolled in the community
district who achieve scores at least equivalent to proficient on
state assessments.
(b) The proportion of pupils enrolled in the community
district who achieve at least 1 year of academic growth in a school
year.
(c) The proportion of graduates from or pupils enrolled in the
community district who are enrolled in some form of postsecondary
education or career and technical education.
(3) On at least an annual basis, the school board of a
community district shall evaluate the performance of the
superintendent of schools of the community district.
(4) For an individual who is the chief school administrator of
a school operated by a community district and is employed by the
community district as of the date the initial elected school board
takes office under section 384, before making a decision on
renewing or nonrenewal of the individual's employment contract as
described under section 1229(2) and (3), the school board of the
community district shall perform an individual review of each
individual's school administrator employment contract and make an
affirmative decision to renew the contract or to provide notice of
nonrenewal. The school board of the community district shall comply
with the time periods in section 1229(2) and (3). The review
required under this section is in addition to any performance
evaluation required under the performance evaluation system under
section 1249b.
Sec. 386. If another school district is authorized to levy a
school operating tax under section 1211 within the geographic
boundaries of the community district during a tax year, the
community district shall not levy a school operating tax under
section 1211 during that tax year.
Sec. 387. A community district is subject to financial
oversight by a financial review commission to the extent provided
under the Michigan financial review commission act, 2014 PA 181,
MCL 141.1631 to 141.1643. If a financial review commission is in
place for a community district, all of the following apply:
(a) The appointment of a chief financial officer for the
community district is subject to the approval of the financial
review commission. Before the chief financial officer's appointment
is final, the school board of the community district shall submit
the proposed appointment in writing to the financial review
commission for its approval. If the proposed appointment is not
approved by the financial review commission within 45 days after it
is submitted in writing to the financial review commission, the
appointment is denied.
(b) The community district may not terminate the employment of
the superintendent of schools or chief financial officer of the
community district unless that action is approved by the financial
review commission.
(c) The transition manager or school board of a community
district shall ensure that the community district does not provide
to a school board member, official, or employee of the community
district any reimbursement from public funds for travel outside of
this state unless the reimbursement is specifically approved by the
financial review commission. The state treasurer shall monitor and
verify compliance with this subdivision by obtaining the necessary
information from the department and the community district at least
annually. If the state treasurer determines that a community
district is not in compliance with this subdivision, the state
treasurer shall notify the community district, the department, and
the legislature.
Sec. 388. This part does not repeal or affect a general law or
local law governing the management and control of a public library
established in a community district under this part or a first
class school district under part 6. Any powers and duties of a
qualifying school district under section 12b relating to the
management and control of a public library are transferred to the
community district on the transfer date for the qualifying school
district under section 12b.
Sec. 389. The validity of the formation of a community
district shall be conclusively presumed unless questioned in an
original action filed in the court of appeals within 60 days after
the community district is created under section 383. The court of
appeals has original jurisdiction to hear an action under this
section. The court shall hear the action in an expedited manner.
The department of treasury is a necessary party in any action under
this section.
Sec. 390. (1) Subject to subsection (2), the state school
reform/redesign officer serving under section 1280c shall
establish, implement, and administer a community district
accountability system under this section for all public schools
located within the boundaries of a community district, including
all schools operated by the community district and all public
school academies located within the boundaries of the community
district. The accountability system shall meet all of the
requirements of this section.
(2) The state school reform/redesign officer shall implement
and administer the accountability system under this section
beginning with the second full school year that starts after the
transfer date. After the accountability system is implemented, the
state school reform/redesign officer, not more frequently than
annually, may make adjustments to the accountability system that
are consistent with this section.
(3) A community district accountability system under this
section shall meet all of the following:
(a) The accountability system annually shall assign a letter
grade of A, B, C, D, or F to each public school located within the
boundaries of the community district.
(b) The accountability system shall assign the letter grades
under subdivision (a) based on a point scale from 0 to 100 points,
using the total points achieved by a school to determine the letter
grade. The state school reform/redesign officer shall determine how
many points are necessary for each letter grade.
(c) The points under subdivision (b) shall be assigned based
on a school's performance on proficiency measures, growth measures,
and nonacademic measures, as prescribed under subsection (4).
(d) If possible, a school's performance on proficiency
measures, growth measures, and nonacademic measures shall be based
on the average of the results from the 2 most recent school years
for which the data are available. If 2 years of data are not
available for a particular measure, the school's performance for
that measure shall be based on the results from the most recent
school year for which the data are available.
(4) In determining the number of points to be assigned for
each public school under subsection (3), the state school
reform/redesign officer shall ensure that not less than 80% of the
total points assigned are based on the combined weight given to
proficiency measures and growth measures. Of the combined weight
given to these 2 measures, growth measures shall account for at
least 50% and not more than 70% of that combined weight. The
balance that is not based on proficiency measures and growth
measures shall be based on nonacademic measures. All of the
following apply to these measures:
(a) Proficiency measures shall include all of the following:
(i) For a public school that operates any of grades K to 8,
both of the following:
(A) Overall proficiency as measured on the English language
arts and mathematics portions of the M-STEP.
(B) Proficiency for continuously enrolled pupils as measured
on the English language arts and mathematics portions of the M-
STEP. This shall be based on the percentage of pupils who have been
enrolled in that school for 2 or more consecutive school years who
achieve proficiency or advanced on these portions of the M-STEP,
assigning equal weight to English language arts and mathematics
results.
(ii) For a public school that operates any of grades 9 to 12,
all of the following:
(A) The percentage of pupils who graduate within 4 years.
(B) Pupil scores on the college entrance examination component
of the Michigan merit examination under section 1279g(2)(a).
(C) The percentage of pupils enrolled in that school in
college level equivalent courses and the percentage of those pupils
who pass the courses and achieve the score on a college level
equivalent credit examination that must be achieved to qualify for
college level equivalent credit for each of the courses. As used in
this sub-subparagraph, "college level equivalent course" and
"college level equivalent credit examination" mean those terms as
defined in section 1471.
(D) Overall proficiency as measured on the social studies and
science portions of the M-STEP.
(b) Growth measures shall include all of the following:
(i) For a public school that operates any of grades K to 8,
all of the following:
(A) Overall growth among all pupils enrolled in that school
for the full school year as measured by growth achieved from 1
school year to the next on the English language arts and
mathematics portions of the M-STEP, assigning equal weight to
English language arts and mathematics results.
(B) Growth among continuously enrolled pupils as measured on
the English language arts and mathematics portions of the M-STEP.
This shall be based on the average student growth achieved from 1
school year to the next among pupils who have been enrolled in that
school for 2 or more consecutive school years on the English
language arts and mathematics portions of the M-STEP, assigning
equal weight to English language arts and mathematics results.
(C) Growth among the bottom 30% of pupils enrolled in that
school as measured on the English language arts and mathematics
portions of the M-STEP. This shall be based on the average student
growth achieved from 1 school year to the next among pupils whose
test scores for the first of the 2 school years were in the bottom
30% on the English language arts and mathematics portions of the M-
STEP, assigning equal weight to English language arts and
mathematics results.
(ii) For a public school that operates any of grades 9 to 12,
both of the following:
(A) Progress made in improving the percentage of pupils who
graduate within 4 years.
(B) Progress made in improving pupil scores on the college
entrance examination component of the Michigan merit examination
under section 1279g(2)(a).
(c) Nonacademic measures shall include all of the following
for all public schools, regardless of grade level:
(i) Student survey results. The student survey shall be
procured from a third-party vendor and must include measures of
student engagement and pupils' perceptions of school safety and
learning environment. There must be published evidence of the
reliability and validity of the student survey instruments used,
including evidence that the survey results are predictive of
student growth results and that the survey results can be used to
make meaningful distinctions in performance across schools.
(ii) Year-to-year reenrollment rates, as measured by the
percentage of pupils who enrolled in that school in the current
school year among all pupils who were enrolled in that school at
the end of the immediately preceding school year, excluding those
who moved residences or completed the terminal grade in the school.
(iii) Absenteeism rates, as measured by the percentage of
pupils enrolled in that school for the full school year who miss
more than 10% of school days.
(iv) Parent participation in school satisfaction surveys. In
determining a school's performance on the nonacademic measures,
this measure may not be given more than 1/4 weight among the
measures listed in this subdivision.
(d) For public schools that operate a configuration of grade
levels that includes pupils in both any of grades K to 8 and any of
grades 9 to 12, the public school's performance on proficiency
measures and growth measures shall be determined using a weighted
average of the measurements under subdivisions (a) and (b).
(5) The accountability system under this section shall remain
in effect until a state accountability system is established by the
legislature for all public schools in this state and is designated
as replacing the accountability system under this section. If such
a state accountability system is established, the accountability
system under this section is terminated and the public schools
located within the boundaries of a community district are subject
to that state accountability system as provided under that system.
(6) As used in this section, "M-STEP" means the Michigan
student test of educational progress or a successor statewide
assessment adopted and implemented by the department.
Sec. 391. (1) Notwithstanding section 1280c, except for a
school that is an alternative school serving a special student
population, and subject to subsections (2) and (3), until the
accountability system under section 390 has been in effect in the
House Bill No. 5384 as amended June 8, 2016
community district for at least 3 full school years, if a school
operated by a community district is among the lowest achieving 5%
of all public schools in this state for the immediately preceding 3
school years, as determined under section 1280c, the state school
reform/redesign officer shall order the community district to close
the school effective no later than the end of the current school
year.
(2) Notwithstanding section 1280c, except for a school that is
an alternative school serving a special student population, and
subject to subsection (3), after the accountability system under
section 390 has been in effect in the community district for at
least 3 full school years, if a school operated by a community
district has been assigned a grade of "F" under section 390 for the
immediately preceding 3 school years, the state school
reform/redesign officer shall order the community district to close
the school effective no later than the end of the current school
year.
(3) For a public school that is subject to closure under this
section<<, >> the state school
reform/redesign officer shall consider other public school options
available to pupils in the grade levels offered by the public
school who reside in the geographic area served by the public
school. If the state school reform/redesign officer determines that
closure of the public school would result in an unreasonable
hardship to these pupils because there are insufficient other
public school options reasonably available for these pupils, the
state school reform/redesign officer may rescind the order
subjecting the public school to closure. If the state school
reform/redesign officer rescinds an order subjecting a public
school to closure, the state school reform/redesign officer shall
do so before the end of the school year. If the state school
reform/redesign officer rescinds an order subjecting a public
school to closure, the state school reform/redesign officer shall
require the public school to implement a school improvement plan
that includes measures to increase pupil growth and improve pupil
proficiency, with growth and proficiency measured by performance on
state assessments.
(4) A community district may not open a new school at the same
location as a public school that is closed under this section or
section 507, 528, or 561 within 3 years after the closure of the
school unless the new school has a substantially different
leadership structure and substantially different curricular
offerings than the previous school at that location and is approved
by the state school reform/redesign officer. An authorizing body
shall not issue a contract for a new public school academy site to
be located at the same location as a public school that is closed
under this section within 3 years after the closure of the school
unless the new public school academy site has a substantially
different leadership structure and substantially different
curricular offerings than the previous school at that location and
is approved by the state school reform/redesign officer.
Sec. 392. The board of a community district shall not open a
new school if both of the following circumstances exist:
(a) Until the accountability system under section 390 has been
in effect in the community district for at least 3 full school
years, the proposed school would operate at the same location as a
public school that currently is on the list under section 1280c(1)
of the public schools in this state that the state school
reform/redesign office has determined to be among the lowest
achieving 5% of all public schools in this state or has been on
that list during the immediately preceding 3-year period. Beginning
after the accountability system under section 390 has been in
effect in the community district for at least 3 full school years,
the proposed school would operate at the same location as a public
school that has been assigned a grade of "F" under section 390 for
3 of the preceding 5 school years.
(b) The proposed school would have substantially the same
leadership and substantially the same curriculum offerings as the
school that previously operated at that location.
Sec. 393. (1) A community district shall have, support, and
maintain an advisory council as provided in this section.
(2) The advisory council shall consist of 6 members as
follows:
(a) The superintendent of schools of the community district or
his or her designee.
(b) The school board president of the community district or
his or her designee.
(c) One member, appointed by the state school reform/redesign
officer, who at the time of his or her appointment is the parent of
at least 1 pupil who is currently enrolled, and who has been
enrolled for at least 1 full school year, in a public school
operated by the community district or operated by the qualifying
school district with the same boundaries as the community district.
If a member appointed under this subdivision ceases to have a child
enrolled in a public school operated by the community district,
that member shall be considered to have vacated the member's
office.
(d) One member representing authorizing bodies that have
authorized at least 3 public school academies located within the
community district, appointed by the state school reform/redesign
officer from among nominees submitted by a statewide organization
representing authorizing bodies.
(e) One member who serves as a school administrator in, or on
the board of directors of, a public school academy that is located
within the community district and is authorized by the governing
board of a state public university, appointed by the state school
reform/redesign officer from among nominees submitted by a
statewide organization representing public school academies.
(f) One member, appointed by the state school reform/redesign
officer, who at the time of his or her appointment is the parent of
at least 1 pupil who is currently enrolled, and who has been
enrolled for at least 1 full school year, in a public school
academy located within the community district. If a member
appointed under this subdivision ceases to have a child enrolled in
a public school academy located within the community district, that
member shall be considered to have vacated the member's office.
(3) The advisory council members appointed under subsection
(2)(c) to (f) shall serve for a term of 4 years. A vacancy in the
office shall be filled in the same manner as the original
appointment for the vacated seat.
(4) In carrying out its functions, an advisory council shall
solicit input and consider recommendations from representatives of
authorizing bodies for public school academies operating within the
community district, community groups, and other interested parties
with relevant experience.
(5) On an annual basis, an advisory council shall prepare and
submit to the school board of the community district a report on
the physical state of public school facilities located within the
community district; the utilization of public school facilities
located within the community district, considering efficiency of
that utilization and possible consolidation or elimination of
facilities; the siting of existing and future public schools within
the community district, considering population, population density,
and the efficient and equitable distribution of facilities; and
transportation of pupils to and from public schools located within
the community district. The school board of the community district
shall provide a copy of this report to the state school
reform/redesign officer, to the authorizing body of each public
school academy located within the community district, and to the
standing committees of the senate and house of representatives with
responsibility for education legislation.
(6) In carrying out its functions and responsibilities, the
school board of a community district shall consider the reports
received from the advisory council under subsection (5).
Sec. 395. (1) If a qualifying school district is a party to a
lease between the qualifying school district and an achievement
authority, the community district shall not renew or extend the
lease after June 30 following the transfer date.
(2) If a qualifying school district is a party to an
interlocal agreement with a state public university creating an
achievement authority, as soon as possible after the transfer date
the community district shall take action to withdraw from that
interlocal agreement to the extent permitted under that interlocal
agreement.
(3) If a qualifying school district is a party to an
interlocal agreement with a state public university creating an
achievement authority, the community district is not authorized to
jointly exercise any powers, privileges, or authorities under that
interlocal agreement after the June 30 following the transfer date.
(4) As used in this section, "achievement authority" means
that term as defined in section 3 of the state school aid act of
1979, MCL 388.1603.
Sec. 396. For the state fiscal year ending September 30, 2016,
$250,000.00 is appropriated from the general fund to the department
of treasury for the purpose of providing financial support for the
organization and administration of any community district formed
under this part during the fiscal year ending September 30, 2016.
The state treasurer shall ensure that a portion of this money is
allocated as a grant to be used to provide school board training to
the initial elected members of the school board of the community
district. This training shall be provided to each of these board
members no later than 30 days after he or she takes office and
shall address at least school board governance, public school
financing, fiscal responsibility, and ethics.
Sec. 501. (1) A public school academy is a public school under
section 2 of article VIII of the state constitution of 1963, is a
school district for the purposes of section 11 of article IX of the
state constitution of 1963 and for the purposes of section 1225 and
section 1351a, and is subject to the leadership and general
supervision of the state board over all public education under
section 3 of article VIII of the state constitution of 1963. A
public school academy is a body corporate and is a governmental
agency. The powers granted to a public school academy under this
part constitute the performance of essential public purposes and
governmental functions of this state.
(2) As used in this part:
(a) "Authorizing body" means any of the following that issues
a contract as provided in this part:
(i) The board of a school district. that
operates grades K to
12.
(ii) An intermediate school board.
(iii) The board of a community college.
(iv) The governing board of a state public university.
(v) Two or more of the public agencies described in
subparagraphs (i) to (iv) exercising power, privilege, or authority
jointly pursuant to an interlocal agreement under the urban
cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to
124.512.
(b) "Certificated teacher" means an individual who holds a
valid teaching certificate issued by the superintendent of public
instruction under section 1531.
(c) "Community college" means a community college organized
under the community college act of 1966, 1966 PA 331, MCL 389.1 to
389.195, or a federal tribally controlled community college that is
recognized under the tribally controlled colleges and universities
assistance
act of 1978, 25 USC 1801 to 1852, 1864, and is
determined by the department to meet the requirements for
accreditation by a recognized regional accrediting body.
(d) "Contract" means the executive act taken by an authorizing
body that evidences the authorization of a public school academy
and that establishes, subject to the constitutional powers of the
state board and applicable law, the written instrument executed by
an authorizing body conferring certain rights, franchises,
privileges, and obligations on a public school academy, as provided
by this part, and confirming the status of a public school academy
as a public school in this state.
(e) "Entity" means a partnership, nonprofit or business
corporation, labor organization, or any other association,
corporation, trust, or other legal entity.
(f) "State public university" means a state university
described in section 4, 5, or 6 of article VIII of the state
constitution of 1963.
Sec. 502. (1) A public school academy shall be organized and
administered under the direction of a board of directors in
accordance with this part and with bylaws adopted by the board of
directors. A public school academy corporation shall be organized
under the nonprofit corporation act, 1982 PA 162, MCL 450.2101 to
450.3192, except that a public school academy corporation is not
required to comply with sections 170 to 177 of 1931 PA 327, MCL
450.170 to 450.177. To the extent disqualified under the state or
federal constitution, a public school academy shall not be
organized by a church or other religious organization and shall not
have any organizational or contractual affiliation with or
constitute a church or other religious organization.
(2)
Any Subject to subsection
(9), any of the following may
act as an authorizing body to issue a contract to organize and
operate 1 or more public school academies under this part:
(a)
The board of a school district. that operates grades K to
12.
However, the board of a school
district shall not issue a
contract for a public school academy to operate outside the school
district's boundaries, and a public school academy authorized by
the board of a school district shall not operate outside that
school district's boundaries.
(b) An intermediate school board. However, the board of an
intermediate school district shall not issue a contract for a
public school academy to operate outside the intermediate school
district's boundaries, and a public school academy authorized by
the board of an intermediate school district shall not operate
outside that intermediate school district's boundaries.
(c) The board of a community college. However, except as
otherwise provided in this subdivision, the board of a community
college shall not issue a contract for a public school academy to
operate in a school district organized as a school district of the
first class, a public school academy authorized by the board of a
community college shall not operate in a school district organized
as a school district of the first class, the board of a community
college shall not issue a contract for a public school academy to
operate outside the boundaries of the community college district,
and a public school academy authorized by the board of a community
college shall not operate outside the boundaries of the community
college district. The board of a community college also may issue a
contract for not more than 1 public school academy to operate on
the grounds of an active or closed federal military installation
located outside the boundaries of the community college district,
or may operate a public school academy itself on the grounds of
such a federal military installation, if the federal military
installation is not located within the boundaries of any community
college district and the community college has previously offered
courses on the grounds of the federal military installation for at
least 10 years.
(d) The governing board of a state public university. However,
the combined total number of contracts for public school academies
issued by all state public universities shall not exceed 300
through December 31, 2012 and shall not exceed 500 through December
31, 2014. After December 31, 2014, there is no limit on the
combined total number of contracts for public school academies that
may be issued by all state public universities.
(e) Two or more of the public agencies described in
subdivisions (a) to (d) exercising power, privilege, or authority
jointly pursuant to an interlocal agreement under the urban
cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to
124.512.
(3) To obtain a contract to organize and operate 1 or more
public school academies, 1 or more persons or an entity may apply
to an authorizing body described in subsection (2). The application
shall include at least all of the following:
(a) Identification of the applicant for the contract.
(b) Subject to the resolution adopted by the authorizing body
under section 503(5), a list of the proposed members of the board
of directors of the public school academy and a description of the
qualifications and method for appointment or election of members of
the board of directors.
(c) The proposed articles of incorporation, which shall
include at least all of the following:
(i) The name of the proposed public school academy.
(ii) The purposes for the public school academy corporation.
This language shall provide that the public school academy is
incorporated pursuant to this part and that the public school
academy corporation is a governmental entity.
(iii) The name of the authorizing body.
(iv) The proposed time when the articles of incorporation will
be effective.
(v) Other matters considered expedient to be in the articles
of incorporation.
(d) A copy of the proposed bylaws of the public school
academy.
(e) Documentation meeting the application requirements of the
authorizing body, including at least all of the following:
(i) The governance structure of the public school academy.
(ii) A copy of the educational goals of the public school
academy and the curricula to be offered and methods of pupil
assessment to be used by the public school academy. The educational
goals shall include demonstrated improved pupil academic
achievement for all groups of pupils. To the extent applicable, the
progress of the pupils in the public school academy shall be
assessed
using at least a Michigan education assessment program
(MEAP)
test both the mathematics and
reading portions of the
Michigan student test of educational progress (M-STEP) or the
Michigan merit examination under section 1279g, as applicable.
(iii) The admission policy and criteria to be maintained by
the public school academy. The admission policy and criteria shall
comply with section 504. This part of the application also shall
include a description of how the applicant will provide to the
general public adequate notice that a public school academy is
being created and adequate information on the admission policy,
criteria, and process.
(iv) The school calendar and school day schedule.
(v) The age or grade range of pupils to be enrolled.
(f) Descriptions of staff responsibilities and of the public
school academy's governance structure.
(g) For an application to the board of a school district, an
intermediate school board, or board of a community college,
identification of the local and intermediate school districts in
which the public school academy will be located.
(h) An agreement that the public school academy will comply
with the provisions of this part and, subject to the provisions of
this part, with all other state law applicable to public bodies and
with federal law applicable to public bodies or school districts.
(i) A description of and address for the proposed physical
plant in which the public school academy will be located. An
applicant may request the authorizing body to issue a contract
allowing the public school academy board of directors to operate
the same configuration of age or grade levels at more than 1 site.
(4) An authorizing body shall oversee, or shall contract with
an intermediate school district, community college, or state public
university to oversee, each public school academy operating under a
contract issued by the authorizing body. The authorizing body is
responsible for overseeing compliance by the board of directors
with the contract and all applicable law. This subsection does not
relieve any other government entity of its enforcement or
supervisory responsibility.
(5) If the superintendent of public instruction finds that an
authorizing body is not engaging in appropriate continuing
oversight of 1 or more public school academies operating under a
contract issued by the authorizing body, the superintendent of
public instruction may suspend the power of the authorizing body to
issue new contracts to organize and operate public school
academies. A contract issued by the authorizing body during the
suspension is void. A contract issued by the authorizing body
before the suspension is not affected by the suspension.
(6) An authorizing body shall not charge a fee, or require
reimbursement of expenses, for considering an application for a
contract, for issuing a contract, or for providing oversight of a
contract for a public school academy in an amount that exceeds a
combined total of 3% of the total state school aid received by the
public school academy in the school year in which the fees or
expenses are charged. An authorizing body may provide other
services for a public school academy and charge a fee for those
services, but shall not require such an arrangement as a condition
to issuing the contract authorizing the public school academy.
(7) A public school academy shall be presumed to be legally
organized if it has exercised the franchises and privileges of a
public school academy for at least 2 years.
(8) An authorizing body may enter into an intergovernmental
agreement with another authorizing body to issue public school
academy contracts. At a minimum, the agreement shall further the
purposes set forth in section 501, describe which authorizing body
shall issue the contract, and set forth which authorizing body will
be responsible for monitoring compliance by the board of directors
of the public school academy with the contract and all applicable
law.
(9) Both of the following apply to the issuance of a contract
for a public school academy to be located within a community
district:
(a) An authorizing body shall not issue a contract to organize
and operate a new public school academy to be located in a
community district unless, before issuing the contract, the
governing board of the authorizing body has certified to the state
school reform/redesign officer that the authorizing body has been
accredited as an authorizing body by a nationally recognized
accreditation body. For an authorizing body described in subsection
(2)(e), the authorizing body shall not issue a contract to organize
and operate a new public school academy to be located in a
community district unless, before issuing the contract, the
governing board of each of the public agencies that is party to the
interlocal agreement has certified to the state school
reform/redesign officer that the public agency has been accredited
as an authorizing body by a nationally recognized accreditation
body.
(b) An authorizing body shall not issue a contract for a new
public school academy to be located in a community district if both
of the following circumstances exist:
(i) Either of the following:
(A) Until the accountability system under section 390 has been
in effect in the community district for at least 3 full school
years, the proposed public school academy would operate at the same
location as a public school that currently is on the list under
section 1280c(1) of the public schools in this state that the state
school reform/redesign office has determined to be among the lowest
achieving 5% of all public schools in this state or has been on
that list during the immediately preceding 3-year period. Beginning
after the accountability system under section 390 has been in
effect in the community district for at least 3 full school years,
the proposed public school academy would operate at the same
location as a public school that has been assigned a grade of "F"
under section 390 for 3 of the preceding 5 school years.
(B) The proposed public school academy would operate at the
same location as a public school academy, urban high school
academy, school of excellence, or strict discipline academy that
has had its contract revoked or terminated by an authorizing body
under the applicable part or section.
(ii) The proposed public school academy would have
substantially the same board of directors, substantially the same
leadership, and substantially the same curriculum offerings as the
public school that previously operated at that location.
(10) A public school academy that is located within a
community district is subject to section 390.
Sec. 507. (1) An authorizing body that issues a contract for a
public school academy under this part shall do all of the
following:
(a) Ensure that the contract and the application for the
contract comply with the requirements of this part.
(b) Within 10 days after issuing the contract, submit to the
department a copy of the contract.
(c) Establish the method of selection, length of term, and
number of members of the board of directors of each public school
academy that it authorizes. The authorizing body shall ensure that
the board of directors includes representation from the local
community.
(d) Oversee each public school academy operating under a
contract issued by the authorizing body. The oversight shall be
sufficient to ensure that the board of directors is in compliance
with the terms of the contract and with applicable law.
(e) Develop and implement a process for holding a public
school academy accountable for meeting applicable academic
performance standards set forth in the contract and for
implementing corrective action for a public school academy that
does not meet those standards.
(f) Take necessary measures to ensure that the board of
directors of a public school academy operates independently of any
educational management company involved in the operations of the
public school academy.
(g) Oversee and ensure that the pupil admission process used
by the public school academy is operated in a fair and open manner
and is in compliance with the contract and this part.
(h) Ensure that the board of directors of the public school
academy maintains and releases information as necessary to comply
with applicable law.
(2) An authorizing body may enter into an agreement with 1 or
more other authorizing bodies to carry out any function of an
authorizing body under this act.
(3) The authorizing body for a public school academy is the
fiscal agent for the public school academy. A state school aid
payment for a public school academy shall be paid to the
authorizing body that is the fiscal agent for that public school
academy, and the authorizing body shall then forward the payment to
the public school academy. Within 30 days after a contract is
submitted to the department by an authorizing body under subsection
(1), the department shall issue a district code to the public
school academy for which the contract was issued. If the department
does not issue a district code within 30 days after a contract is
filed, the state treasurer shall assign a temporary district code
in order for the public school academy to receive funding under the
state school aid act of 1979.
(4) A contract issued under this part may be revoked by the
authorizing body if the authorizing body determines that 1 or more
of the following have occurred:
(a) Failure of the public school academy to demonstrate
improved pupil academic achievement for all groups of pupils or
meet the educational goals set forth in the contract.
(b) Failure of the public school academy to comply with all
applicable law.
(c) Failure of the public school academy to meet generally
accepted public sector accounting principles and demonstrate sound
fiscal stewardship.
(d) The existence of 1 or more other grounds for revocation as
specified in the contract.
(5) Except for a public school academy that is an alternative
school
serving a special student population, if the superintendent
of
public instruction state
school reform/redesign officer
determines that a public school academy site that has been
operating for at least 4 years is among the lowest achieving 5% of
all public schools in this state for the immediately preceding 3
school
years, as defined for the purposes
of the federal incentive
grant
program created under sections 14005 and 14006 of title XIV
of
the American recovery and reinvestment act of 2009, Public Law
House Bill No. 5384 as amended June 8, 2016
111-5,
is in year 2 of restructuring sanctions under the no child
left
behind act of 2001, Public Law 107-110, determined under
section
1280c, not to include the any individualized
education plan
subgroup,
<<and is not currently undergoing reconstitution under this
section,>> the superintendent of public instruction state school
reform/redesign officer shall notify the public school academy's
authorizing body. Also, except for a public school academy that is
an alternative school serving a special student population, after
the accountability system under section 390 has been in effect in
the community district for at least 3 full school years, if the
state school reform/redesign officer determines that a public
school academy site located in a community district has been
assigned a grade of "F" under section 390 for the immediately
preceding 3 school years, and is not currently undergoing
reconstitution under this section, the state school reform/redesign
officer shall notify the public school academy's authorizing body.
<<If SUBJECT
TO SUBSECTION (6), IF>> an
authorizing body receives
notice
from the superintendent of
public
instruction state school
reform/redesign officer under this
subsection, the authorizing body shall amend the public school
academy's contract to eliminate the public school academy's
authority to operate the existing age and grade levels at the site
and the public school academy shall cease operating the existing
age and grade levels at the site, effective at the end of the
current
school year. <<If SUBJECT TO SUBSECTION (6), IF>> the
public school academy operates at only
1 site, and the authorizing body receives notice from the
superintendent
of public instruction state
school reform/redesign
officer under this subsection, the authorizing body shall revoke
House Bill No. 5384 as amended June 8, 2016
the public school academy's contract, effective at the end of the
current school year.
<<(6) For a public school academy or site that is subject
to a notice to its authorizing body under this subsection, the
state school reform/redesign officer shall consider other public
school options available to pupils in the grade levels offered by
the public school academy or site who reside in the geographic area
served by the public school academy or site. If the state school
reform/redesign officer determines that closure of the public
school academy or site would result in an unreasonable hardship to
these pupils because there are insufficient other public school
options reasonably available for these pupils, the state school
reform/redesign officer may rescind the notice. If the state school
reform/redesign officer rescinds a notice subjecting a public
school academy or site to closure, the state school reform/redesign
officer shall do so before the end of the school year. If the state
school reform/redesign officer rescinds a notice subjecting a
public school academy or site to closure, the state school
reform/redesign officer shall require the public school academy or
site to implement a school improvement plan that includes measures
to increase pupil growth and improve pupil proficiency, with growth
and proficiency measured by performance on state assessments.>>
<<(7)(6)>> The Except as otherwise provided in section 502 or
503,
the decision of an authorizing body to issue, not issue, or
reconstitute a contract under this part, or to terminate or revoke
a contract under this section, is solely within the discretion of
the authorizing body, is final, and is not subject to review by a
court or any state agency. An authorizing body that issues, does
not issue, or reconstitutes a contract under this part, or that
terminates or revokes a contract under this section, is not liable
for that action to the public school academy, the public school
academy corporation, a pupil of the public school academy, the
parent or guardian of a pupil of the public school academy, or any
other person.
<<(8)(7)>> Except as
otherwise provided in subsection (5), this
section, before an authorizing body revokes a contract, the
authorizing body may consider and take corrective measures to avoid
revocation. An authorizing body may reconstitute the public school
academy in a final attempt to improve student educational
performance or to avoid interruption of the educational process. An
authorizing body shall include a reconstituting provision in the
contract that identifies these corrective measures, including, but
not limited to, canceling a contract with an educational management
organization, if any, withdrawing approval of a contract under
section 506, or appointing a new board of directors or a trustee to
take over operation of the public school academy.
<<(9)(8)>> If an
authorizing body revokes a contract, the
authorizing
House Bill No. 5384 as amended June 8, 2016
body shall work with a school district or another public school, or
with a combination of these entities, to ensure a smooth transition
for the affected pupils. If the revocation occurs during the school
year, the authorizing body, as the fiscal agent for the public
school academy under this part, shall return any school aid funds
held by the authorizing body that are attributable to the affected
pupils to the state treasurer for deposit into the state school aid
fund. The state treasurer shall distribute funds to the public
school in which the pupils enroll after the revocation pursuant to
a methodology established by the department and the center for
educational performance and information.
<<(10)(9)>> Not more than 10 days after a public school
academy's
contract terminates or is revoked, the authorizing body shall
notify the superintendent of public instruction in writing of the
name of the public school academy whose contract has terminated or
been revoked and the date of contract termination or revocation.
Sec. 522. (1) An urban high school academy shall be organized
and administered under the direction of a board of directors in
accordance with this part and with bylaws adopted by the board of
directors. An urban high school academy corporation shall be
organized under the nonprofit corporation act, 1982 PA 162, MCL
450.2101 to 450.3192, except that an urban high school academy
corporation is not required to comply with sections 170 to 177 of
1931 PA 327, MCL 450.170 to 450.177. To the extent disqualified
under the state or federal constitution, an urban high school
academy shall not be organized by a church or other religious
organization and shall not have any organizational or contractual
affiliation with or constitute a church or other religious
organization.
(2)
The Subject to subsection
(9), the governing board of a
state public university may act as an authorizing body to issue a
contract for the organization and operation of an urban high school
academy under this part.
(3) A contract issued under this part shall be issued for an
initial term of 10 years. If the urban high school academy meets
the educational goals set forth in the contract and operates in
substantial compliance with this part, the authorizing body shall
automatically renew the contract for a subsequent 10-year term.
(4) To obtain a contract to organize and operate 1 or more
urban high school academies, an entity may apply to an authorizing
body described in subsection (2). The contract shall be issued to
an urban high school academy corporation designated by the entity
applying for the contract. The application shall include at least
all of the following:
(a) Name of the entity applying for the contract.
(b) Subject to the resolution adopted by the authorizing body
under section 528, a list of the proposed members of the board of
directors of the urban high school academy and a description of the
qualifications and method for appointment or election of members of
the board of directors.
(c) The proposed articles of incorporation, which shall
include at least all of the following:
(i) The name of the proposed urban high school academy to
which the contract will be issued.
(ii) The purposes for the urban high school academy
corporation. This language shall provide that the urban high school
academy is incorporated pursuant to this part and that the urban
high school academy corporation is a governmental entity and
political subdivision of this state.
(iii) The name of the authorizing body.
(iv) The proposed time when the articles of incorporation will
be effective.
(v) Other matters considered expedient to be in the articles
of incorporation.
(d) A copy of the proposed bylaws of the urban high school
academy.
(e) Documentation meeting the application requirements of the
authorizing body, including at least all of the following:
(i) The governance structure of the urban high school academy.
(ii) A copy of the educational goals of the urban high school
academy and the curricula to be offered and methods of pupil
assessment to be used by the urban high school academy. The
educational goals shall include demonstrated improved pupil
academic achievement for all groups of pupils. To the extent
applicable, the progress of the pupils in the urban high school
academy
shall be assessed using at least a Michigan education
assessment
program (MEAP) test both the
mathematics and reading
portions of the Michigan student test of educational progress (M-
STEP) or the Michigan merit examination under section 1279g, as
applicable.
(iii) The admission policy and criteria to be maintained by
the urban high school academy. The admission policy and criteria
shall comply with section 524. This part of the application also
shall include a description of how the applicant will provide to
the general public adequate notice that an urban high school
academy is being created and adequate information on the admission
policy, criteria, and process.
(iv) The school calendar and school day schedule.
(v) The age or grade range of pupils to be enrolled.
(f) Descriptions of staff responsibilities and of the urban
high school academy's governance structure.
(g) A description of and address for the proposed building or
buildings in which the urban high school academy will be located,
and a financial commitment by the entity applying for the contract
to construct or renovate the building or buildings that will be
occupied by the urban high school academy that is issued the
contract.
(5) If a particular state public university issues a contract
that allows an urban high school academy to operate the same
configuration of grades at more than 1 site, as provided in section
524(1), each of those sites shall be under the direction of the
board of directors that is a party to the contract.
(6) If the superintendent of public instruction finds that an
authorizing body is not engaging in appropriate continuing
oversight of 1 or more urban high school academies operating under
a contract issued by the authorizing body, the superintendent of
public instruction may suspend the power of the authorizing body to
issue new contracts to organize and operate urban high school
academies. A contract issued by the authorizing body during the
suspension is void. A contract issued by the authorizing body
before the suspension is not affected by the suspension.
(7) An authorizing body shall not charge a fee, or require
reimbursement of expenses, for considering an application for a
contract, for issuing a contract, or for providing oversight of a
contract for an urban high school academy in an amount that exceeds
a combined total of 3% of the total state school aid received by
the urban high school academy in the school year in which the fees
or expenses are charged. All of the following apply to this fee:
(a) An authorizing body may use this fee only for the
following purposes:
(i) Considering applications and issuing or administering
contracts.
(ii) Compliance monitoring and oversight of urban high school
academies.
(iii) Training for urban high school academy applicants,
administrators, and boards of directors.
(iv) Technical assistance to urban high school academies.
(v) Academic support to urban high school academies or to
pupils or graduates of urban high school academies.
(vi) Evaluation of urban high school academy performance.
(vii) Training of teachers, including supervision of teacher
interns.
(viii) Other purposes that assist the urban high school
academies or traditional public schools in achieving improved
academic performance.
(b) An authorizing body may provide other services for an
urban high school academy and charge a fee for those services, but
shall not require such an arrangement as a condition to issuing the
contract authorizing the urban high school academy.
(8) An urban high school academy shall be presumed to be
legally organized if it has exercised the franchises and privileges
of an urban high school academy for at least 2 years.
(9) Both of the following apply to the issuance of a contract
for an urban high school academy to be located within a community
district:
(a) An authorizing body shall not issue a contract to organize
and operate a new urban high school academy to be located in a
community district unless, before issuing the contract, the
governing board of the authorizing body has certified to the state
school reform/redesign officer that the authorizing body has been
accredited as an authorizing body by a nationally recognized
accreditation body.
(b) An authorizing body shall not issue a contract for a new
urban high school academy to be located in a community district if
both of the following circumstances exist:
(i) Either of the following:
(A) Until the accountability system under section 390 has been
in effect in the community district for at least 3 full school
years, the proposed urban high school academy would operate at the
same location as a public school that currently is on the list
under section 1280c(1) of the public schools in this state that the
state school reform/redesign office has determined to be among the
lowest achieving 5% of all public schools in this state or has been
on that list during the immediately preceding 3-year period.
Beginning after the accountability system under section 390 has
been in effect in the community district for at least 3 full school
years, the proposed urban high school academy would operate at the
same location as a public school that has been assigned a grade of
"F" under section 390 for 3 of the preceding 5 school years.
(B) The proposed urban high school academy would operate at
the same location as a public school academy, urban high school
academy, school of excellence, or strict discipline academy that
has had its contract revoked or terminated by an authorizing body
under the applicable part or section.
(ii) The proposed urban high school academy would have
substantially the same board of directors, substantially the same
leadership, and substantially the same curriculum offerings as the
public school that previously operated at that location.
(10) An urban high school academy that is located within a
community district is subject to section 390.
Sec. 528. (1) An authorizing body that issues a contract for
an urban high school academy under this part shall do all of the
following:
(a) Ensure that the contract and the application for the
contract comply with the requirements of this part.
(b) Within 10 days after issuing the contract, submit to the
department a copy of the contract.
(c) Adopt a resolution establishing the method of selection,
length of term, and number of members of the board of directors of
each urban high school academy that it authorizes. The resolution
shall be written or amended as necessary to include a requirement
that each member of the board of directors must be a citizen of the
United States.
(d) Oversee the operations of each urban high school academy
operating under a contract issued by the authorizing body. The
oversight shall be sufficient to ensure that the urban high school
academy is in compliance with the terms of the contract and with
applicable law. An authorizing body may enter into an agreement
with 1 or more other authorizing bodies to oversee an urban high
school academy operating under a contract issued by the authorizing
body.
(e) Develop and implement a process for holding an urban high
school academy board of directors accountable for meeting
applicable academic performance standards set forth in the contract
and for implementing corrective action for an urban high school
academy that does not meet those standards.
(f) Take necessary measures to ensure that an urban high
school academy board of directors operates independently of any
educational management company involved in the operations of the
urban high school academy.
(g) Oversee and ensure that the pupil admission process used
by the urban high school academy is operated in a fair and open
manner and is in compliance with the contract and this part.
(h) Ensure that the board of directors of the urban high
school academy maintains and releases information as necessary to
comply with applicable law.
(2) An authorizing body may enter into an agreement with 1 or
more other authorizing bodies to carry out any function of an
authorizing body under this act.
(3) The authorizing body for an urban high school academy is
the fiscal agent for the urban high school academy. A state school
aid payment for an urban high school academy shall be paid to the
authorizing body that is the fiscal agent for that urban high
school academy, which shall then forward the payment to the urban
high school academy. Within 30 days after a contract is submitted
to the department by an authorizing body under subsection (1), the
department shall issue a district code to the urban high school
academy for which the contract was issued. If the department does
not issue a district code within 30 days after a contract is filed,
the state treasurer shall assign a temporary district code in order
for the urban high school academy to receive funding under the
state school aid act of 1979.
(4) A contract issued under this part may be revoked by the
authorizing body that issued the contract if the authorizing body
determines that 1 or more of the following have occurred:
(a) Failure of the urban high school academy to demonstrate
improved pupil academic achievement for all groups of pupils or
meet the educational goals set forth in the contract.
(b) Failure of the urban high school academy to comply with
all applicable law.
(c) Failure of the urban high school academy to meet generally
accepted public sector accounting principles and demonstrate sound
fiscal stewardship.
House Bill No. 5384 as amended June 8, 2016
(d) The existence of 1 or more other grounds for revocation as
specified in the contract.
(5) Except for an urban high school academy that is an
alternative school serving a special student population, if the
superintendent
of public instruction state
school reform/redesign
officer determines that an urban high school academy site that has
been operating for at least 4 years is among the lowest achieving
5% of all public schools in this state for the immediately
preceding
3 school years, as defined for the
purposes of the
federal
incentive grant program created under sections 14005 and
14006
of title XIV of the American recovery and reinvestment act of
2009,
Public Law 111-5, is in year 2 of restructuring sanctions
under
the no child left behind act of 2001, Public Law 107-110,
determined
under section 1280c, not to include the
any
individualized
education plan subgroup, <<and is not currently
undergoing reconstitution under this section,>> the superintendent
of
public
instruction state school
reform/redesign officer shall
notify the urban high school academy's authorizing body. Also,
except for an urban high school academy that is an alternative
school serving a special student population, after the
accountability system under section 390 has been in effect in the
community district for at least 3 full school years, if the state
school reform/redesign officer determines that an urban high school
academy site located in a community district has been assigned a
grade of "F" under section 390 for the immediately preceding 3
school years, and is not currently undergoing reconstitution under
this section, the state school reform/redesign officer shall notify
House Bill No. 5384 as amended June 8, 2016
the
urban high school academy's authorizing body. <<If SUBJECT
TO
SUBSECTION (6), IF>> an authorizing
body
receives notice from the superintendent of public instruction
state school reform/redesign officer under this subsection, the
authorizing body shall amend the urban high school academy's
contract to eliminate the urban high school academy's authority to
operate the existing age and grade levels at the site and the urban
high school academy shall cease operating the existing age and
grade levels at the site, effective at the end of the current
school
year. <<If SUBJECT
TO SUBSECTION (6), IF>> the urban
high school
academy operates at only 1
site, and the authorizing body receives notice from the
superintendent
of public instruction state
school reform/redesign
officer under this subsection, the authorizing body shall revoke
the urban high school academy's contract, effective at the end of
the current school year.
<<(6) For an urban high school academy or site that is
subject to a notice to its authorizing body under this subsection,
the state school reform/redesign officer shall consider other
public school options available to pupils in the grade levels
offered by the urban high school academy or site who reside in the
geographic area served by the urban high school academy or site. If
the state school reform/redesign officer determines that closure of
the urban high school academy or site would result in an
unreasonable hardship to these pupils because there are
insufficient other public school options reasonably available for
these pupils, the state school reform/redesign officer may rescind
the notice. If the state school reform/redesign officer rescinds a
notice subjecting an urban high school academy or site to closure,
the state school reform/redesign officer shall do so before the end
of the school year. If the state school reform/redesign officer
rescinds a notice subjecting an urban high school academy or site
to closure, the state school reform/redesign officer shall require
the urban high school academy or site to implement a school
improvement plan that includes measures to increase pupil growth
and improve pupil proficiency, with growth and proficiency measured
by performance on state assessments.
(7)(6)>>
The Except as otherwise
provided in section 522, the
decision of an authorizing body to issue, not issue, or
reconstitute a contract under this part, or to terminate or revoke
a contract under this section, is solely within the discretion of
the authorizing body, is final, and is not subject to review by a
court or any state agency. An authorizing body that issues, does
not issue, or reconstitutes a contract under this part, or that
terminates or revokes a contract under this section, is not liable
for that action to the urban high school academy, the urban high
school academy corporation, a pupil of the urban high school
academy, the parent or guardian of a pupil of the urban high school
academy, or any other person.
<<(8)(7)>> Except as
otherwise provided in subsection (5), this
House Bill No. 5384 as amended June 8, 2016
section, before an authorizing body revokes a contract, the
authorizing body may consider and take corrective measures to avoid
revocation. An authorizing body may reconstitute the urban high
school academy in a final attempt to improve student educational
performance or to avoid interruption of the educational process. An
authorizing body shall include a reconstituting provision in the
contract that identifies these corrective measures, including, but
not limited to, removing 1 or more members of the board of
directors, withdrawing approval to contract under section 527, or
appointing a new board of directors or a trustee to take over
operation of the urban high school academy.
<<(9)(8)>> If an
authorizing body revokes a contract, the
authorizing
body shall work with a school district or another public school, or
with a combination of these entities, to ensure a smooth transition
for the affected pupils. If the revocation occurs during the school
year, the authorizing body, as the fiscal agent for the urban high
school academy under this part, shall return any school aid funds
held by the authorizing body that are attributable to the affected
pupils to the state treasurer for deposit into the state school aid
fund. The state treasurer shall distribute funds to the public
school in which the pupils enroll after the revocation pursuant to
a methodology established by the department and the center for
educational performance and information.
(9)
If an authorizing body revokes a contract issued under
this
part, the authorizing body may issue a new contract within the
1-year
period following the revocation without the new contract
counting
toward the maximum number of contracts that may be issued
House Bill No. 5384 as amended June 8, 2016
under
this part.
<<(10)>> Not more than 10 days after an urban high school
academy's contract terminates or is revoked, the authorizing body
shall notify the superintendent of public instruction in writing of
the name of the urban high school academy whose contract has
terminated or been revoked and the date of contract termination or
revocation.
<<(11)>>If an urban high school academy's contract
terminates or is revoked, title to all real and personal property,
interest in real or personal property, and other assets owned by
the urban high school academy shall revert to the state. This
property shall be distributed in accordance with the following:
(a) Within 30 days following the termination or revocation,
the board of directors of an urban high school academy shall hold a
public meeting to adopt a plan of distribution of assets and to
approve the dissolution of the urban high school academy
corporation, all in accordance with chapter 8 of the nonprofit
corporation act, 1982 PA 162, MCL 450.2801 to 450.2864.
(b) The urban high school academy shall file a certificate of
dissolution
with the bureau of commercial services department of
licensing and regulatory affairs within 10 business days following
board approval.
(c) Simultaneously with the filing of the certificate of
dissolution under subdivision (b), the urban high school academy
board of directors shall provide a copy of the board of directors'
plan of distribution of assets to the state treasurer for approval.
Within 30 days, the state treasurer, or his or her designee, shall
review and approve the board of directors' plan of distribution of
assets. If the proposed plan of distribution of assets is not
approved within 30 days, the state treasurer, or his or her
designee, shall provide the board of directors with an acceptable
plan of distribution of assets.
(d) The state treasurer, or his or her designee, shall monitor
the urban high school academy's winding up of the dissolved
corporation in accordance with the plan of distribution of assets
approved or provided under subdivision (c).
(e) As part of the plan of distribution of assets, the urban
high school academy board of directors shall designate the director
of the department of technology, management, and budget, or his or
her designee, to dispose of all real property of the urban high
school academy corporation in accordance with the directives
developed for disposition of surplus land and facilities under
section 251 of the management and budget act, 1984 PA 431, MCL
18.1251.
(f) If the board of directors of an urban high school academy
fails to take any necessary action under this section, the state
treasurer, or his or her designee, may suspend the urban high
school academy board of directors and appoint a trustee to carry
out the board's plan of distribution of assets. Upon appointment,
the trustee shall have all the rights, powers, and privileges under
law that the urban high school academy board of directors had
before being suspended.
(g) Following the sale of the real or personal property or
interests in the real or personal property, and after payment of
any urban high school academy debt secured by the property or
interest in property, whether real or personal, the urban high
school academy board of directors, or a trustee appointed under
this section, shall forward any remaining money to the state
treasurer. Following receipt, the state treasurer, or his or her
designee, shall deposit this remaining money in the state school
aid fund.
Sec. 551. (1) A school of excellence is a public school under
section 2 of article VIII of the state constitution of 1963, is a
school district for the purposes of section 11 of article IX of the
state constitution of 1963 and for the purposes of section 1225 and
section 1351a, and is subject to the leadership and general
supervision of the state board over all public education under
section 3 of article VIII of the state constitution of 1963. A
school of excellence is a body corporate and is a governmental
agency. The powers granted to a school of excellence under this
part constitute the performance of essential public purposes and
governmental functions of this state.
(2) As used in this part:
(a) "Authorizing body" means any of the following that issues
a contract as provided in this part:
(i) The board of a school district. that
operates grades K to
12.
(ii) An intermediate school board.
(iii) The board of a community college.
(iv) The governing board of a state public university.
(v) Two or more of the public agencies described in
subparagraphs (i) to (iv) exercising power, privilege, or authority
jointly pursuant to an interlocal agreement under the urban
cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to
124.512.
(b) "Certificated teacher" means an individual who holds a
valid teaching certificate issued by the superintendent of public
instruction under section 1531.
(c) "Community college" means a community college organized
under the community college act of 1966, 1966 PA 331, MCL 389.1 to
389.195, or a federal tribally controlled community college that is
recognized under the tribally controlled colleges and universities
assistance
act of 1978, 25 USC 1801 to 1852, 1864, and is
determined by the department to meet the requirements for
accreditation by a recognized regional accrediting body.
(d) "Contract" means the executive act taken by an authorizing
body that evidences the authorization of a school of excellence and
that establishes, subject to the constitutional powers of the state
board and applicable law, the written instrument executed by an
authorizing body conferring certain rights, franchises, privileges,
and obligations on a school of excellence, as provided by this
part, and confirming the status of a school of excellence as a
public school in this state.
(e) "Cyber school" means a school of excellence established
under this part that has been issued a contract to be organized and
operated as a cyber school under section 552(2) and that provides
full-time instruction to pupils through online learning or
otherwise on a computer or other technology, which instruction and
learning may be remote from a school facility.
(f) "Educational management organization" means an entity that
enters into an agreement with the governing board of a public
school to provide comprehensive educational, administrative,
management, or instructional services or staff to the public
school.
(g) "Entity" means a partnership, nonprofit or business
corporation, labor organization, or any other association,
corporation, trust, or other legal entity.
(h) "State public university" means a state university
described in section 4, 5, or 6 of article VIII of the state
constitution of 1963.
Sec. 552. (1) An authorizing body may issue contracts under
this subsection to organize and operate a school of excellence. All
of the following apply to the issuance of a contract by an
authorizing body under this subsection:
(a) The issuance of the contract must be approved by the
superintendent of public instruction. The superintendent of public
instruction shall approve issuance of a contract if he or she
determines that the proposed school of excellence is modeled after
a high-performing school or program.
(b) The first 5 contracts issued by all authorizing bodies
under this subsection shall be for schools of excellence that offer
1 or more of high school grades 9 to 12, or any combination of
those grades, as specified in the contract.
(c) A school of excellence authorized under this subsection
shall not be located in a school district that has a graduation
rate of over 75%, on average, for the most recent 3 school years
for which the data are available, as determined by the department.
(2) Subject to the limitations in this subsection and
subsection
(14), subsections (14) and (15),
an authorizing body may
issue contracts under this subsection for 1 or more schools of
excellence
that are cyber schools. Until December 31, 2013, the
combined
total number of contracts that may be issued by all
statewide
authorizing bodies under this subsection for schools of
excellence
that are cyber schools shall not exceed 5. Until
December
31, 2014, the combined total number of contracts that may
be
issued by all statewide authorizing bodies under this subsection
for
schools of excellence that are cyber schools shall not exceed
10.
After December 31, 2014, the The
combined total number of
contracts issued by all statewide authorizing bodies under this
subsection for schools of excellence that are cyber schools shall
not exceed 15. The board of a school district, an intermediate
school board, the board of a community college that is not a
statewide authorizing body, or 2 or more public agencies acting
jointly as described in subsection (6)(e) may not act as the
authorizing body for more than 1 school of excellence that is a
cyber school. An authorizing body shall not issue a contract for a
school of excellence that is a cyber school unless the school of
excellence that is a cyber school meets all of the following
requirements:
(a) Is available for enrollment to all pupils in this state.
(b) Offers some configuration of or all of grades K to 12.
(c) The entity applying for the school of excellence that is a
cyber school demonstrates experience in delivering a quality
education program that improves pupil academic achievement. In
determining whether this requirement is met, an authorizing body
shall refer to the standards for quality online learning
established by the national association of charter school
authorizers or other similar nationally recognized standards for
quality online learning.
(d) The enrollment in the school of excellence that is a cyber
school is limited to not more than 2,500 pupils in membership for
the first school year of operation of the school of excellence that
is a cyber school, not more than 5,000 pupils in membership for the
second school year of operation of the school of excellence that is
a cyber school, and not more than 10,000 pupils in membership for
the third and subsequent school years of operation of the school of
excellence that is a cyber school. As used in this subdivision,
"membership" means that term as defined in section 6 of the state
school aid act of 1979, MCL 388.1606.
(e) The school of excellence that is a cyber school offers
each pupil's family a computer and subsidizes the cost of internet
access.
(3) For a public school academy operating under part 6a that
meets the requirements of subsection (4), with the approval of its
authorizing body, the board of directors of the public school
academy may adopt a resolution choosing to convert the public
school academy to a school of excellence under this part. If the
board of directors of a public school academy that meets the
requirements of subsection (4) is issued a contract as a school of
excellence under this subsection, all the following apply:
(a) The public school academy shall cease to operate as a
public school academy under part 6a and shall operate as a school
of excellence upon the issuance of a contract or at another time as
determined by the authorizing body.
(b) The public school academy shall be considered to be a
school of excellence for all purposes upon the issuance of a
contract or at another time as determined by the authorizing body,
but shall retain its corporate identity.
(c) The conversion of a public school academy under part 6a to
a school of excellence operating under this part shall not impair
any agreement, mortgage, loan, bond, note or other instrument of
indebtedness, or any other agreement entered into by a public
school academy while it was operating under part 6a.
(d) The contract issued to the public school academy under
part 6a shall automatically terminate upon the issuance of a
contract or at another time as determined by the authorizing body.
(4) Subsection (3) applies to a public school academy that is
determined by the department to meet all of the following, as
applicable:
(a) If the public school academy operates only some or all of
grades K to 8, meets at least 1 of the following:
(i) On average over a 3-year period, at least 90% of the
pupils enrolled in the public school academy achieved a score of
proficient or better on the Michigan education assessment program
mathematics and reading tests or successor state assessment
program.
(ii) On average over a 3-year period, at least 70% of the
pupils enrolled in the public school academy achieved a score of
proficient or better on the Michigan education assessment program
mathematics and reading tests or successor state assessment program
and at least 50% of the pupils enrolled in the public school
academy met the income eligibility criteria for the federal free or
reduced-price lunch program, as determined under the Richard B.
Russell
national school lunch act, 42 USC 1751 to 1769i, 1769j, and
reported to the department.
(b) If the public school academy operates grades 9 to 12, at
least 80% of the school's pupils graduate from high school or are
determined by the department to be on track to graduate from high
school, the school has at least 80% average attendance, and the
school has at least an 80% postsecondary enrollment rate.
(5) A school of excellence shall be organized and administered
under the direction of a board of directors in accordance with this
part and with bylaws adopted by the board of directors. A school of
excellence shall be organized under the nonprofit corporation act,
1982 PA 162, MCL 450.2101 to 450.3192, except that a school of
excellence is not required to comply with sections 170 to 177 of
1931 PA 327, MCL 450.170 to 450.177. To the extent disqualified
under the state or federal constitution, a school of excellence
shall not be organized by a church or other religious organization
and shall not have any organizational or contractual affiliation
with or constitute a church or other religious organization.
(6) Any of the following may act as an authorizing body to
issue a contract to organize and operate 1 or more schools of
excellence under this part:
(a)
The board of a school district. that operates grades K to
12.
However, except as otherwise
provided in this subdivision, the
board of a school district shall not issue a contract for a school
of excellence to operate outside the school district's boundaries,
and a school of excellence authorized by the board of a school
district shall not operate outside that school district's
boundaries. If the board of a school district issues a contract for
a school of excellence that is a cyber school, the contract may
authorize the school of excellence that is a cyber school to
operate outside that school district's boundaries.
(b) An intermediate school board. However, except as otherwise
provided in this subdivision, the board of an intermediate school
district shall not issue a contract for a school of excellence to
operate outside the intermediate school district's boundaries, and
a school of excellence authorized by the board of an intermediate
school district shall not operate outside that intermediate school
district's boundaries. If the board of an intermediate school
district issues a contract for a school of excellence that is a
cyber school, the contract may authorize the school of excellence
that is a cyber school to operate outside that intermediate school
district's boundaries.
(c) The board of a community college. Except as otherwise
provided in this subdivision, the board of a community college
shall not issue a contract for a school of excellence to operate
outside the boundaries of the community college district, and a
school of excellence authorized by the board of a community college
shall not operate outside the boundaries of the community college
district. If the board of a community college issues a contract for
a school of excellence that is a cyber school, the contract may
authorize the school of excellence that is a cyber school to
operate outside the boundaries of the community college district.
The board of a community college also may issue a contract for not
more than 1 school of excellence to operate on the grounds of an
active or closed federal military installation located outside the
boundaries of the community college district, or may operate a
school of excellence itself on the grounds of such a federal
military installation, if the federal military installation is not
located within the boundaries of any community college district and
the community college has previously offered courses on the grounds
of the federal military installation for at least 10 years.
(d) The governing board of a state public university.
(e) Two or more of the public agencies described in
subdivisions (a) to (d) exercising power, privilege, or authority
jointly pursuant to an interlocal agreement under the urban
cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to
124.512.
(7) To obtain a contract to organize and operate 1 or more
schools of excellence, 1 or more persons or an entity may apply to
an authorizing body described in this section. The application
shall include at least all of the following:
(a) Identification of the applicant for the contract.
(b) Subject to the resolution adopted by the authorizing body
under section 553(4), a list of the proposed members of the board
of directors of the school of excellence and a description of the
qualifications and method for appointment or election of members of
the board of directors.
(c) The proposed articles of incorporation, which shall
include at least all of the following:
(i) The name of the proposed school of excellence.
(ii) The purposes for the school of excellence corporation.
This language shall provide that the school of excellence is
incorporated pursuant to this part and that the school of
excellence is a governmental entity.
(iii) The name of the authorizing body.
(iv) The proposed time when the articles of incorporation will
be effective.
(v) Other matters considered expedient to be in the articles
of incorporation.
(d) A copy of the proposed bylaws of the school of excellence.
(e) Documentation meeting the application requirements of the
authorizing body, including at least all of the following:
(i) The governance structure of the school of excellence.
(ii) A copy of the educational goals of the school of
excellence and the curricula to be offered and methods of pupil
assessment to be used by the school of excellence. The educational
goals shall include demonstrated improved pupil academic
achievement for all groups of pupils. To the extent applicable, the
progress of the pupils in the school of excellence shall be
assessed
using at least a Michigan education assessment program
(MEAP)
test both the mathematics and
reading portions of the
Michigan student test of educational progress (M-STEP) or the
Michigan merit examination under section 1279g, as applicable.
(iii) The admission policy and criteria to be maintained by
the school of excellence. The admission policy and criteria shall
comply with section 556. This part of the application also shall
include a description of how the applicant will provide to the
general public adequate notice that a school of excellence is being
created and adequate information on the admission policy, criteria,
and process.
(iv) Except for a school of excellence that is a cyber school,
the school calendar and school day schedule.
(v) The age or grade range of pupils to be enrolled.
(f) Descriptions of staff responsibilities and of the school
of excellence governance structure.
(g) For an application to the board of a school district, an
intermediate school board, or board of a community college,
identification of the school district and intermediate school
district in which the school of excellence will be located.
(h) An agreement that the school of excellence will comply
with the provisions of this part and, subject to the provisions of
this part, with all other state law applicable to public bodies and
with federal law applicable to public bodies or school districts.
(i) A description of and address for the proposed physical
plant in which the school of excellence will be located. An
applicant may request the authorizing body to issue a contract
allowing the board of directors of the school of excellence to
operate the same configuration of age or grade levels at more than
1 site.
(8) An authorizing body shall oversee, or shall contract with
an intermediate school district, community college, or state public
university to oversee, each school of excellence operating under a
contract issued by the authorizing body. The authorizing body is
responsible for overseeing compliance by the board of directors
with the contract and all applicable law. This subsection does not
relieve any other government entity of its enforcement or
supervisory responsibility.
(9) If the superintendent of public instruction finds that an
authorizing body is not engaging in appropriate continuing
oversight of 1 or more schools of excellence operating under a
contract issued by the authorizing body, the superintendent of
public instruction may suspend the power of the authorizing body to
issue new contracts to organize and operate schools of excellence.
A contract issued by the authorizing body during the suspension is
void. A contract issued by the authorizing body before the
suspension is not affected by the suspension.
(10) An authorizing body shall not charge a fee, or require
reimbursement of expenses, for considering an application for a
contract, for issuing a contract, or for providing oversight of a
contract for a school of excellence in an amount that exceeds a
combined total of 3% of the total state school aid received by the
school of excellence in the school year in which the fees or
expenses are charged. The authorizing body may provide other
services for a school of excellence and charge a fee for those
services, but shall not require such an arrangement as a condition
to issuing the contract authorizing the school of excellence.
(11) A school of excellence shall be presumed to be legally
organized if it has exercised the franchises and privileges of a
public school academy for at least 2 years.
(12) A member of the board of directors of a school of
excellence is a public officer and shall, before entering upon the
duties of the office, take the constitutional oath of office for
public officers under section 1 of article XI of the state
constitution of 1963.
(13) A school of excellence that is a cyber school may make
available to other public schools for purchase any of the course
offerings that the cyber school offers to its own pupils.
(14) If the department determines that the combined total
statewide final audited membership for all pupils in membership in
schools of excellence that are cyber schools for the 2012-2013
state fiscal year exceeds a number equal to 1% of the combined
total statewide final audited membership for all pupils in
membership in public schools for the 2011-2012 state fiscal year,
then all of the following apply:
(a) An authorizing body may not issue a new contract for a new
school of excellence that is a cyber school to begin operations in
the 2013-2014 school year.
(b) A school of excellence that is a cyber school may not
enroll any new pupils in the school of excellence that is a cyber
school in the 2013-2014 school year.
(15) Beginning July 1, 2013, if the department determines that
the combined total statewide final audited membership for all
pupils in membership in schools of excellence that are cyber
schools for a state fiscal year exceeds a number equal to 2% of the
combined total statewide final audited membership for all pupils in
membership in public schools for the 2011-2012 state fiscal year,
then all of the following apply:
(a) Subject to subdivision (c), an authorizing body may not
issue a new contract for a new school of excellence that is a cyber
school to begin operations in a school year that begins after that
determination is made.
(b) Subject to subdivision (c), a school of excellence that is
a cyber school may not enroll any new pupils in the school of
excellence that is a cyber school in a school year that begins
after that determination is made.
(c) If the department determines that the combined total
statewide final audited membership for all pupils in membership in
schools of excellence that are cyber schools for a state fiscal
year does not exceed a number equal to 2% of the combined total
statewide final audited membership for all pupils in membership in
public schools for the 2011-2012 state fiscal year, then
subdivisions (a) and (b) do not apply for a school year that begins
after that determination is made unless the department makes a new
determination that the membership limits under this subsection have
been exceeded.
(16)
For the purposes of subsections (14) and (15), not later
than
July 1, 2012, and by not later than
July 1 of each year,
thereafter,
the department shall determine the
percentage of the
combined total statewide final audited membership for all pupils in
membership in public schools that are pupils in membership in
schools of excellence that are cyber schools for the state fiscal
year that includes that July 1.
(17) As used in this section:
(a) "Membership" means that term as defined in section 6 of
the state school aid act of 1979, MCL 388.1606.
(b) "Statewide authorizing body" means the governing board of
a state public university or the board of a federal tribally
controlled community college that is recognized under the tribally
controlled colleges and universities assistance act of 1978, 25 USC
1801
to 1852, 1864, and is determined by the department to meet the
requirements for accreditation by a recognized regional accrediting
body.
(18) Not later than October 1, 2012, If a district, an
intermediate school district, a public school academy, or the
education achievement system offers online learning, the board or
board of directors of the district, intermediate school district,
or public school academy, or the education achievement system,
shall submit to the department a report that details the per-pupil
costs of operating the online learning. The report shall include,
on a per-pupil basis, at least all of the following costs:
(a) Textbooks, instructional materials, and supplies,
including electronic instructional material.
(b) Computer and other electronic equipment, including
internet and telephone access.
(c) Salaries and benefits for the online learning employees.
(d) Purchased courses and curricula.
(e) Fees associated with oversight and regulation.
(f) Travel costs associated with school activities and
testing.
(g) Facilities costs.
(h) Costs associated with special education.
(19) Not later than December 31, 2012, the department shall
issue a report to the legislature including the following:
(a) A review of the data submitted under subsection (14).
(b) A comparison with costs of substantially similar programs
in other states and relevant national research on the costs of
online learning.
(c) Any conclusions concerning factors or characteristics of
online learning programs that make a difference in the costs of
operating the programs.
(20) The board of directors of a school of excellence that is
a cyber school, or the board of a school district, intermediate
school district, or public school academy that operates an online
or other distance learning program, shall submit a monthly report
to the department, in the form and manner prescribed by the
department, that reports the number of pupils enrolled in the
school of excellence that is a cyber school, or in the online or
other distance learning program, during the immediately preceding
month.
(21) The board of directors of a school of excellence that is
a cyber school shall ensure that, when a pupil enrolls in the
school of excellence that is a cyber school, the pupil and his or
her parent or legal guardian are provided with a parent-student
orientation. If the pupil is at least age 18 or is an emancipated
minor, the orientation may be provided to just the pupil.
(22) Both of the following apply to the issuance of a contract
for a school of excellence to be located within a community
district:
(a) An authorizing body shall not issue a contract to organize
and operate a new school of excellence to be located in a community
district unless, before issuing the contract, the governing board
of the authorizing body has certified to the state school
reform/redesign officer that the authorizing body has been
accredited as an authorizing body by a nationally recognized
accreditation body. For an authorizing body described in subsection
(6)(e), the authorizing body shall not issue a contract to organize
and operate a new school of excellence to be located in a community
district unless, before issuing the contract, the governing board
of each of the public agencies that is party to the interlocal
agreement has certified to the state school reform/redesign officer
that the public agency has been accredited as an authorizing body
by a nationally recognized accreditation body.
(b) An authorizing body shall not issue a contract for a new
school of excellence to be located in a community district if both
of the following circumstances exist:
(i) Either of the following:
(A) Until the accountability system under section 390 has been
in effect in the community district for at least 3 full school
years, the proposed school of excellence would operate at the same
location as a public school that currently is on the list under
section 1280c(1) of the public schools in this state that the state
school reform/redesign office has determined to be among the lowest
achieving 5% of all public schools in this state or has been on
that list during the immediately preceding 3-year period. Beginning
after the accountability system under section 390 has been in
effect in the community district for at least 3 full school years,
the proposed school of excellence would operate at the same
location as a public school that has been assigned a grade of "F"
under section 390 for 3 of the preceding 5 school years.
(B) The proposed school of excellence would operate at the
same location as a public school academy, urban high school
academy, school of excellence, or strict discipline academy that
has had its contract revoked or terminated by an authorizing body
under the applicable part or section.
(ii) The proposed school of excellence would have
substantially the same board of directors, substantially the same
leadership, and substantially the same curriculum offerings as the
public school that previously operated at that location.
(23) A school of excellence that is located within a community
district is subject to section 390.
Sec. 561. (1) If an authorizing body issues a contract for a
school of excellence under this part, the authorizing body shall do
all of the following:
(a) Ensure that the contract and the application for the
contract comply with the requirements of this part.
(b) Within 10 days after issuing the contract, submit to the
department a copy of the contract.
(c) Establish the method of selection, length of term, and
number of members of the board of directors of each school of
excellence that it authorizes. The authorizing body shall ensure
that the board of directors includes representation from the local
community.
(d) Oversee the operations of each school of excellence
operating under a contract issued by the authorizing body. The
oversight shall be sufficient to ensure that the school of
excellence is in compliance with the terms of the contract and with
applicable law. This subdivision does not relieve any other
governmental entity of its enforcement or supervisory
responsibility.
(e) Develop and implement a process for holding a school of
excellence board of directors accountable for meeting applicable
academic performance standards set forth in the contract and for
implementing corrective action for a school of excellence that does
not meet those standards.
(f) Take necessary measures to ensure that a school of
excellence board of directors operates independently of any
educational management organization involved in the operations of
the school of excellence.
(g) Oversee and ensure that the pupil admission process used
by the school of excellence is operated in a fair and open manner
and is in compliance with the contract and this part.
(h) Ensure that the board of directors of the school of
excellence maintains and releases information as necessary to
comply with applicable law.
(2) The authorizing body may enter into an agreement with 1 or
more authorizing bodies, as defined under part 6a, to carry out any
function of the authorizing body under subsection (1)(a) to (h).
(3) The authorizing body for a school of excellence is the
fiscal agent for the school of excellence. A state school aid
payment for a school of excellence shall be paid to the authorizing
body as the fiscal agent for that school of excellence, and the
authorizing body shall then forward the payment to the school of
excellence. Within 30 days after a contract is submitted to the
department by the authorizing body under subsection (1), the
department shall issue a district code to the school of excellence
for which the contract was issued. If the department does not issue
a district code within 30 days after a contract is filed, the state
treasurer shall assign a temporary district code in order for the
school of excellence to receive funding under the state school aid
act of 1979.
(4) A contract issued under this part may be revoked by the
authorizing body if the authorizing body determines that 1 or more
of the following have occurred:
(a) Failure of the school of excellence to demonstrate
improved pupil academic achievement for all groups of pupils or
meet the educational goals set forth in the contract.
(b) Failure of the school of excellence to comply with all
applicable law.
(c) Failure of the school of excellence to meet generally
accepted public sector accounting principles and demonstrate sound
fiscal stewardship.
House Bill No. 5384 as amended June 8, 2016
(d) The existence of 1 or more other grounds for revocation as
specified in the contract.
(5) Except for a school of excellence that is an alternative
school
serving a special student population, if the superintendent
of
public instruction state
school reform/redesign officer
determines that a school of excellence site that has been operating
for at least 4 years is among the lowest achieving 5% of all public
schools in this state for the immediately preceding 3 school years,
as
defined for the purposes of the federal incentive grant program
created
under sections 14005 and 14006 of title XIV of the American
recovery
and reinvestment act of 2009, Public Law 111-5, is in year
2
of restructuring sanctions under the no child left behind act of
2001,
Public Law 107-110, determined
under section 1280c, not to
include
the any individualized education plan subgroup, <<and
is not
currently undergoing reconstitution under this section,>> the
superintendent
of public instruction state
school reform/redesign
officer shall notify the school of excellence's authorizing body.
Also, except for a school of excellence that is an alternative
school serving a special student population, after the
accountability system under section 390 has been in effect in the
community district for at least 3 full school years, if the state
school reform/redesign officer determines that a school of
excellence site located in a community district has been assigned a
grade of "F" under section 390 for the immediately preceding 3
school years, and is not currently undergoing reconstitution under
this section, the state school reform/redesign officer shall notify
the
school of excellence's authorizing body. <<If SUBJECT
TO SUBSECTION
(6), IF>> an authorizing body
House Bill No. 5384 as amended June 8, 2016
receives
notice from the superintendent of public instruction state
school reform/redesign officer under this subsection, the
authorizing body shall amend the school of excellence's contract to
eliminate the school of excellence's authority to operate the
existing age and grade levels at the site and the school of
excellence shall cease operating the existing age and grade levels
at
the site, effective at the end of the current school year. <<If
SUBJECT TO SUBSECTION (6), IF>>
the school of excellence operates at only 1 site or is a cyber
school, and the authorizing body receives notice from the
superintendent
of public instruction state
school reform/redesign
officer under this subsection, the authorizing body shall revoke
the school of excellence's contract, effective at the end of the
current school year.
<<(6) For a school of excellence or site that is subject
to a notice to its authorizing body under this subsection, the
state school reform/redesign officer shall consider other public
school options available to pupils in the grade levels offered by
the school of excellence or site who reside in the geographic area
served by the school of excellence or site. If the state school
reform/redesign officer determines that closure of the school of
excellence or site would result in an unreasonable hardship to
these pupils because there are insufficient other public school
options reasonably available for these pupils, the state school
reform/redesign officer may rescind the notice. If the state school
reform/redesign officer rescinds a notice subjecting a school of
excellence or site to closure, the state school reform/redesign
officer shall do so before the end of the school year. If the state
school reform/redesign officer rescinds a notice subjecting a
school of excellence or site to closure, the state school
reform/redesign officer shall require the school of excellence or
site to implement a school improvement plan that includes measures to increase pupil growth and improve pupil proficiency, with growth and proficiency measured by performance on state assessments.>>
(7)(6)>> Except for a
contract issued by a school district pursuant
to a vote by the school electors on a ballot question under section
553(2), and except as otherwise provided in section 552, the
decision of the authorizing body to issue, not issue, or
reconstitute a contract under this part, or to terminate or revoke
a contract under this section, is solely within the discretion of
the authorizing body, is final, and is not subject to review by a
court or any other state agency. If the authorizing body issues,
does not issue, or reconstitutes a contract under this part, or
terminates or revokes a contract under this section, the
authorizing body is not liable for that action to the school of
excellence, the school of excellence corporation, a pupil of the
school of excellence, the parent or guardian of a pupil of the
school of excellence, or any other person.
House Bill No. 5384 as amended June 8, 2016
<<(8)(7)>> Except as
otherwise provided in subsection (5), this
section, before the authorizing body revokes a contract, the
authorizing body may consider and take corrective measures to avoid
revocation. The authorizing body may reconstitute the school of
excellence in a final attempt to improve student educational
performance or to avoid interruption of the educational process.
The authorizing body shall include a reconstituting provision in
the contract that identifies these corrective measures, including,
but not limited to, canceling a contract with an educational
management organization, if any, withdrawing approval to contract
under section 560, or appointing a new board of directors or a
trustee to take over operation of the school of excellence.
<<(9)(8)>> If the
authorizing body revokes a contract, the
authorizing body shall work with a school district or another
public school, or with a combination of these entities, to ensure a
smooth transition for the affected pupils. If the revocation occurs
during the school year, the authorizing body, as the fiscal agent
for the school of excellence under this part, shall return any
school aid funds held by the authorizing body that are attributable
to the affected pupils to the state treasurer for deposit into the
state school aid fund. The state treasurer shall distribute funds
to the public school in which the pupils enroll after the
revocation pursuant to a methodology established by the department
and the center for educational performance and information.
<<(10)(9)>> Not more than 10 days after a school of
excellence's
contract terminates or is revoked, the authorizing body shall
notify the superintendent of public instruction in writing of the
House Bill No. 5384 as amended June 8, 2016
name of the school of excellence whose contract has terminated or
been revoked and the date of contract termination or revocation.
<<(11)(10)>> If a school of excellence's contract terminates or
is
revoked, title to all real and personal property, interest in real
or personal property, and other assets owned by the school of
excellence shall revert to the state. This property shall be
distributed in accordance with the following:
(a) Within 30 days following the termination or revocation,
the board of directors of a school of excellence shall hold a
public meeting to adopt a plan of distribution of assets and to
approve the dissolution of the school of excellence corporation,
all in accordance with chapter 8 of the nonprofit corporation act,
1982 PA 162, MCL 450.2801 to 450.2864.
(b) The school of excellence shall file a certificate of
dissolution
with the bureau of commercial services department of
licensing and regulatory affairs within 10 business days following
board approval.
(c) Simultaneously with the filing of the certificate of
dissolution under subdivision (b), the school of excellence board
of directors shall provide a copy of the board of directors' plan
of distribution of assets to the state treasurer for approval.
Within 30 days, the state treasurer, or his or her designee, shall
review and approve the board of directors' plan of distribution of
assets. If the proposed plan of distribution of assets is not
approved within 30 days, the state treasurer, or his or her
designee, shall provide the board of directors with an acceptable
plan of distribution of assets.
(d) The state treasurer, or his or her designee, shall monitor
the school of excellence's winding up of the dissolved corporation
in accordance with the plan of distribution of assets approved or
provided under subdivision (c).
(e) As part of the plan of distribution of assets, the school
of excellence board of directors shall designate the director of
the department of technology, management, and budget, or his or her
designee, to dispose of all real property of the school of
excellence corporation in accordance with the directives developed
for disposition of surplus land and facilities under section 251 of
the management and budget act, 1984 PA 431, MCL 18.1251.
(f) If the board of directors of a school of excellence fails
to take any necessary action under this section, the state
treasurer, or his or her designee, may suspend the school of
excellence board of directors and appoint a trustee to carry out
the board's plan of distribution of assets. Upon appointment, the
trustee shall have all the rights, powers, and privileges under law
that the school of excellence board of directors had before being
suspended.
(g) Following the sale of the real or personal property or
interests in the real or personal property, and after payment of
any school of excellence debt secured by the property or interest
in property, whether real or personal, the school of excellence
board of directors, or a trustee appointed under this section,
shall forward any remaining money to the state treasurer. Following
receipt, the state treasurer, or his or her designee, shall deposit
this remaining money in the state school aid fund.
Sec.
654. (1) In Except
as otherwise provided in subsection
(2), in a constituent district not employing a superintendent the
intermediate superintendent shall do all of the following:
(a) Recommend in writing all teachers to the school board of
education.the constituent district.
(b)
Suspend a teacher for cause until the school
board of
education
of the constituent district
employing the teacher
considers the suspension.
(c) Supervise and direct the work of the teachers.
(d) Classify and control the promotion of pupils.
(2) Subsection (1) does not apply to a constituent district if
any of the following apply:
(a) The constituent district is not required to employ a
superintendent as an employee of the district under section 1229.
(b) All of the public schools within the constituent district
have been transferred to 1 or more other school districts or public
entities.
Sec. 705. (1) Beginning in 1997, and in each year after 1997,
a regional enhancement property tax may be levied by an
intermediate school district at a rate not to exceed 3 mills to
enhance other state and local funding for local school district
operations if approved by a majority of the intermediate school
electors voting on the question.
(2) If a resolution requesting that the question of a regional
enhancement property tax be submitted to the voters is adopted
within a 180-day period and transmitted to the intermediate school
board
by 1 or more boards of its constituent school districts
representing a majority of the combined membership of the
constituent
school districts as of the most recent pupil membership
count day and if those resolutions all contain an identical
specified number of mills to be levied under this section and an
identical specified number of years for which the tax shall be
levied, the question of levying a regional enhancement property tax
by the intermediate school district shall be placed on the ballot
by the intermediate school district at the next regular school
election held in each of the constituent districts. If the question
is to be submitted to the intermediate school electors of an
intermediate school district having a population of more than
1,400,000, the intermediate school board shall call a special
election to be held at the next state primary or general election.
If the resolution requirement is met more than 180 days before the
next regular school district elections, and if requested in the
resolutions, the intermediate school board shall submit the
question of levying a regional enhancement property tax within the
intermediate school district on the ballot at a special election
called by the intermediate school board for that purpose not
earlier than 90 days after the resolution requirements are met.
(3) Not later than 10 days after receipt by the intermediate
school district of the revenue from the regional enhancement
property tax, the intermediate school district shall calculate and
pay
to each of its constituent school districts an amount of the
revenue calculated by dividing the total amount of the revenue by
the
combined membership of the constituent school districts within
the intermediate school district, as of the most recent pupil
membership count day, and multiplying that quotient by the
constituent
school district's membership, as of the most recent
pupil membership count day for which a final department-audited
pupil count is available. If a constituent district has entered
into an agreement with another school district or public entity to
perform the functions and responsibilities of the constituent
district for operating a public school of the constituent district,
then for the purposes of this subsection the pupils in membership
in that public school shall be considered to be in membership in
the constituent district and a proportionate share of the revenue
payable to the constituent district under this section shall be
transferred by the constituent district to the school district or
public entity performing the functions and responsibilities of the
constituent district for operating the public school. The
proportionate share of that revenue to be paid to that school
district or public entity shall be determined according to the
percentage of the constituent district's membership that is
enrolled in the particular public school for the state fiscal year
corresponding to the tax year. Revenue from a regional enhancement
property tax under this section shall not be allocated or paid to a
constituent district that does not operate a public school directly
but retains a limited separate identity for purposes of section 12,
12b, 863, 903, or 947.
(4) Regional enhancement property tax under this section may
be levied for a term not to exceed 20 years, as specified in the
ballot question, and may be renewed for the same term with the
approval of a majority of the intermediate school electors voting
on the question.
(5) The question of levying a regional enhancement property
tax under this section shall be presented to the intermediate
school electors as a separate question.
Sec.
921. (1) Annually Subject to subsection (2), annually on
June 1 each intermediate superintendent shall compile a list of
constituent
districts which that did not operate school within the
constituent
district during the preceding 2 or more
years. Not
later
than Before June 10, the intermediate superintendent shall
direct in writing the board of each constituent district on this
list
to comply with this section and section
922. Before the
expiration
of 1 year following this official notification Within 1
year after issuance of this directive by the intermediate
superintendent,
the constituent district shall either:do 1 of the
following:
(a) Attach itself either totally or in part to 1 or more
operating school districts, including, but not limited to, a
reorganization under section 12 or 12b.
(b) Transfer the functions and responsibilities of the
constituent district relating to operating public schools to 1 or
more other public entities authorized to operate public schools,
including, but not limited to, another school district or an
intermediate school district.
(c) (b)
Reopen and operate its own school.
(2) For the purposes of this section, a constituent district
shall be considered to have operated a school within the school
district if the constituent district did either or both of the
following:
(a) Directly operated 1 or more schools on its own.
(b) Caused public education services to be provided within the
school district to residents of the school district through an
agreement, contract, or other cooperative agreement with another
public entity, including, but not limited to, another school
district or an intermediate school district.
Sec. 1147. (1) A child who is a resident of a school district
that does not provide kindergarten and who is at least 5 years of
age on the first day of enrollment of the school year may attend
school in a public school operated by the school district or, for a
community district or a school district that does not directly
operate schools on its own, in another public school located within
the geographic boundaries of the school district.
(2)
Subject to subsection (3), for the 2013-2014 school year,
a
child who resides in the school district may enroll in
kindergarten
if the child is at least 5 years of age on November 1,
2013.
Subject to subsection (3), for the 2014-2015 school year, a
child
who resides in the school district may enroll in kindergarten
if
the child is at least 5 years of age on October 1, 2014. Subject
to subsection (3), beginning with the 2015-2016 school year, a
child who is at least 5 years of age on September 1 of the school
year of enrollment and who resides in the school district may
enroll
in kindergarten if the child is at least 5 years of age on
September
1 of the school year of enrollment.in
a public school
operated by the school district or, for a community district or a
school district that does not directly operate schools on its own,
in another public school located within the geographic boundaries
of the school district.
(3) If a child residing in the school district or a child
eligible to enroll in and be counted in membership in the school
district under section 105 or 105c of the state school aid act of
1979, MCL 388.1705 and 388.1705c, is not 5 years of age on the
enrollment eligibility date specified in subsection (2), but will
be 5 years of age not later than December 1 of a school year, the
parent or legal guardian of that child may enroll the child in
kindergarten for that school year in a public school operated by
the school district or, for a community district or a school
district that does not directly operate schools on its own, in
another public school located within the geographic boundaries of
the school district if the parent or legal guardian notifies the
school
district public school in writing that he or she intends to
enroll
the child in kindergarten for that school year. A school
district
public school that receives this written notification may
make a recommendation to the parent or legal guardian of a child
described in this subsection that the child is not ready to enroll
in kindergarten due to the child's age or other factors. However,
regardless of this recommendation, the parent or legal guardian
retains the sole discretion to determine whether or not to enroll
the child in kindergarten under this subsection.
(4) The ages prescribed in this section for a child's
eligibility
for enrollment in a school district public school also
apply to a child's eligibility to enroll in a public school
academy.
(5)
If a school district or public school academy public
school enrolls any children in kindergarten for a school year under
subsection
(3), the school district or public school academy public
school shall notify the department of the number of those children
enrolled by not later than December 31 of that school year.
(6) This section does not require a school district to operate
a public school directly on its own.
(7) This section does not apply to a school district that does
not operate a public school directly but retains a limited separate
identity for purposes of section 12, 12b, 863, 903, or 947.
(8) This section does not require a school district or public
school academy that does not otherwise provide kindergarten to
provide kindergarten.
Sec. 1225. (1) Subject to restrictions of this section, a
school board or intermediate school board may borrow money and
issue notes of the school district or intermediate school district
for the borrowed money to secure funds for school operations or to
pay previous loans obtained for school operations under this or any
other statute. The school board or intermediate school board shall
pledge money to be received by it from state school aid for the
payment of notes issued under this section. A pledge of state
school aid by a school district or intermediate school district for
the payment of notes issued pursuant to this section is valid and
binding from the time when the pledge is made. A pledge made
pursuant to this section for the benefit of the holders of notes or
for the benefit of others is perfected without delivery, recording,
or notice. Notes issued pursuant to this section are full faith and
credit obligations of the school district or intermediate school
district and are payable from tax levies or from unencumbered funds
of the school district or intermediate school district in event of
the unavailability or insufficiency of state school aid for any
reason.
(2) A school district or intermediate school district for
which
an emergency manager has been appointed pursuant to the local
government
and school district fiscal accountability act, 2011 PA
4,
MCL 141.1501 to 141.1531, local
financial stability and choice
act, 2012 PA 436, MCL 141.1541 to 141.1575, or a school district or
intermediate school district that has an approved deficit
elimination plan or an enhanced deficit elimination plan required
under section 102 of the state school aid act of 1979, MCL
388.1702, may enter into an agreement with the Michigan finance
authority in accordance with section 17a(4) of the state school aid
act of 1979, MCL 388.1617a, providing for the direct payment on
behalf of the school district or intermediate school district to
the Michigan finance authority, or to a trustee designated by the
Michigan finance authority, of state school aid pledged and to be
used for the sole purpose of paying the principal of and interest
on the notes issued pursuant to this section and secured by state
school aid.
(3) Notes issued under this section shall become due not later
than 372 days after the date on which they are issued, except as
otherwise provided in this section. Notes issued within a fiscal
year shall not exceed 70% of the difference between the total state
aid funds apportioned to the school district or intermediate school
district for that fiscal year and the portion already received or
pledged, except secondary pledges made under section 1356.
(4) A school district or intermediate school district that is
not able to redeem its notes within 372 days after the date on
which the notes were issued may enter into a multi-year agreement
with a lending institution to repay its obligation. A repayment
agreement shall not be executed without the prior approval of an
authorized representative of the state board or, for notes sold to
the Michigan finance authority only, without the approval of an
authorized representative of the department of treasury.
(5) During the last 4 months of a fiscal year, notes may be
issued pledging state school aid for the next succeeding fiscal
year. Except as otherwise provided in this subsection, the notes
shall not exceed 50% of the state school aid apportioned to the
school district or intermediate school district for the next
succeeding fiscal year or, if the apportionment has not been made,
50% of the apportionment for the then current fiscal year. The
notes shall mature not later than 372 days after the date of
issuance.
(6) Notes issued under this section are subject to the revised
municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.
Failure of a school district or intermediate school district to
receive state school aid does not affect the validity or
enforceability of a note issued under this section.
(7) A school board or intermediate school board, including,
but not limited to, the school board of a community district, may
make more than 1 borrowing under this section during a school year.
(8) In addition to other powers under this section, with the
approval of the state treasurer, a school board or intermediate
school board, including, but not limited to, the school board of a
community district, may obtain a line of credit to secure funds for
school operations or to pay previous loans obtained for school
operations under this or any other statute. The school board or
intermediate school board shall pledge not more than 30% of the
state school aid apportioned to the school district or intermediate
school district for that fiscal year for repayment of funds
received pursuant to a line of credit obtained under this
subsection. However, the school board or intermediate school board
shall not borrow against the line of credit an amount greater than
the difference, as of the date of the borrowing, between the total
state school aid funds apportioned to the school district or
intermediate school district for that fiscal year and the portion
already received or pledged, except secondary pledges made under
section 1356. To obtain approval for obtaining a line of credit
under this subsection, a school board or intermediate school board
shall apply to the state treasurer in the form and manner
prescribed by the state treasurer, and shall provide information as
requested by the state treasurer for evaluating the application.
The state treasurer shall approve or disapprove an application and
notify the school board or intermediate school board within 20
business days after receiving a proper application. If the state
treasurer disapproves an application, the state treasurer shall
include the reasons for disapproval in the notification to the
school board or intermediate school board.
Sec. 1229. (1) Except as otherwise provided in subsection (4),
the board of a school district, other than a school district that
was organized as a primary school district during the 1995-1996
school year, or of an intermediate school district shall employ a
superintendent of schools, who shall meet the requirements of
section 1246. The superintendent shall not be a member of the
board. Employment of a superintendent shall be by written contract.
The term of the superintendent's contract shall be fixed by the
board, not to exceed 5 years. If written notice of nonrenewal of
the contract of a superintendent is not given at least 90 days
before the termination of the contract, the contract is renewed for
an additional 1-year period. However, for the superintendent of a
community district, the minimum time period for the written notice
required under this subsection is 30 days.
(2) The board of a school district or intermediate school
district may employ assistant superintendents, principals,
assistant principals, guidance directors, and other administrators
who do not assume tenure in that position under 1937 (Ex Sess) PA
4, MCL 38.71 to 38.191. The employment shall be by written
contract. The term of the employment contract shall be fixed by the
board, not to exceed 3 years. The board shall prescribe the duties
of
a person an individual described in this subsection. If written
notice
of nonrenewal of the contract of a person an individual
described in this subsection is not given at least 60 days before
the termination date of the contract, the contract is renewed for
an additional 1-year period. However, for an individual described
in this subsection who is employed by a community district, the
minimum time period for the written notice required under this
subsection is 30 days.
(3)
A notification of nonrenewal of contract of a person an
individual described in subsection (2) may be given only for a
reason that is not arbitrary or capricious. The board shall not
issue a notice of nonrenewal under this section unless the affected
person
individual has been provided with not less than 30 days'
advance notice that the board is considering the nonrenewal
together with a written statement of the reasons the board is
considering the nonrenewal. However, for an individual described in
subsection (2) who is employed by a community district, the minimum
time period for the advance notice required under this subsection
is 7 days. After the issuance of the written statement, but before
the
nonrenewal statement is issued, the affected person individual
shall be given the opportunity to meet with not less than a
majority of the board to discuss the reasons stated in the written
statement. The meeting shall be open to the public or a closed
session,
as the affected person individual
elects under section 8
of the open meetings act, 1976 PA 267, MCL 15.268. If the board
fails to provide for a meeting with the board, or if a court finds
that the reason for nonrenewal is arbitrary or capricious, the
affected
person's individual's contract is renewed for an
additional 1-year period. This subsection does not apply to the
nonrenewal of the contract of a superintendent of schools described
in subsection (1).
(4) A school district, instead of directly employing a
superintendent of schools, may contract with its intermediate
school district for the intermediate superintendent to serve as the
superintendent of schools for the school district or for the
intermediate school district to provide another person to serve as
superintendent of schools for the school district or may contract
with another person, including, but not limited to, the
superintendent of another school district, to serve as
superintendent of schools for the school district. If a school
district does not operate a public school directly on its own, the
school district is not required to employ a superintendent.
Sec.
1231. (1) The Except as
otherwise provided in subsection
(5), the board of a school district shall hire and contract with
qualified teachers. Contracts with teachers shall be in writing and
signed on behalf of the school district by a majority of the board,
by the president and secretary of the board, or by the
superintendent of schools or an authorized representative of the
board. The contracts shall specify the wages agreed upon.
(2) A teacher's contract shall be filed with the secretary of
the board and a duplicate copy of the contract shall be furnished
to the teacher.
(3) Except as otherwise provided under this act, a contract
with
a teacher is not valid unless the person individual holds a
valid teaching certificate at the time the contractual period
begins or the individual is engaged to teach in a community
district under section 1233c. A contract shall terminate if the
certificate expires by limitation and is not renewed immediately or
if it is suspended or revoked by proper legal authority.
(4) The board of a school district, after a teacher has been
employed at least 2 consecutive years by the board, may enter into
a continuing contract with a certificated teacher or, for a
community district, with an individual engaged to teach in a
community district under section 1233c.
(5) The school board of a school district that is a community
district may employ or contract for, or both, qualified teachers
and other qualified instructional personnel at a public school that
formerly operated as an achievement school, as defined in section 3
of the state school aid act of 1979, MCL 388.1603, as necessary to
carry out the purposes of the community district.
(6) (5)
As used in this section,
"teacher" does not include a
substitute teacher.
Sec. 1233. (1) Except as otherwise provided by law, and
subject to section 1233c, the board of a school district or
intermediate school board of an intermediate school district shall
not permit a teacher who does not hold a valid teaching certificate
to teach in a grade or department of the school.
(2) The board of a school district or intermediate school
board of an intermediate school district shall not allow an
individual to serve in a counseling role in the school district or
intermediate school district, as the role is defined by the
superintendent of public instruction, unless the individual meets 1
or more of the following and the board or intermediate school board
complies with subsection (7):
(a) The individual holds a valid teaching certificate with a
school counseling endorsement.
(b) The individual meets all of the following:
(i) Holds a master's degree awarded after completion of an
approved school counselor education program that includes at least
all of the following skills and content areas or their equivalent:
(A) Guidance services--philosophy, principles, and practices.
(B) Individual and group analysis--nature and range of human
characteristics and appraisal methods.
(C) Guidance information--vocational development theory,
educational and occupational information.
(D) Counseling theory and practice--individual and group
procedures, administration and coordination relationships,
professional relationships, and ethics.
(E) Supervised experiences--laboratory, practicum, or
internship.
(F) Evaluation--statistics and research methodology, follow-up
evaluation, and measurement methods.
(ii) Has successfully completed the department's guidance
counselor examination.
(iii) Has been recommended by an approved school counselor
education program to provide services as a school counselor.
(c) The individual meets both of the following:
(i) Has at least 5 years of successful experience serving in a
school counseling role in another state within the immediately
preceding 7-year period.
(ii) Has successfully completed the department's guidance
counselor examination.
(3)
The Except for teachers
engaged to teach in a community
district under section 1233c, the intermediate superintendent shall
notify the superintendent of public instruction immediately of the
names of noncertificated teachers teaching in violation of
subsection (1) and the names of individuals serving in counseling
roles in violation of subsection (2), the employing district, and
the amount of time the noncertificated teachers or unqualified
individuals were employed.
(4) A vocational teacher preparation institution shall utilize
the employment experience of an annually authorized teacher for the
purpose of waiving student teaching as a requirement for vocational
certification if the annually authorized teacher is supervised by
the teacher preparation institution.
(5) All vocational education teachers certified after June 1,
1995 shall pass a competency test.
(6) The board of a school district or intermediate school
district
may employ a person an
individual without a teaching
certificate
as a substitute teacher if the person individual has at
least 90 semester hours of college credit from a college or
university.
(7) If the board of a school district or intermediate school
board of an intermediate school district chooses to employ an
individual who does not hold a valid teaching certificate to serve
in a counseling role, as permitted under subsection (2), the school
board or intermediate school board shall comply with sections 1230
and 1230a with respect to that individual to the same extent as
required
for employing a person an
individual with a teaching
certificate to serve as a teacher.
Sec. 1233c. (1) Beginning after an initial elected school
board for the community district has been elected and takes office
under section 384, a community district may engage a full-time or
part-time noncertificated, nonendorsed teacher to teach in its
schools if the appropriate official of the community district
determines that, due to the individual's combination of education
and experience, it would be appropriate and in the best interests
of the pupils of the community district.
(2) If a noncertificated, nonendorsed teacher engaged to teach
under this section completes 3 years of successful classroom
teaching, as determined by regular observation and review by school
district and teacher preparation institution personnel, the
department and a teacher preparation institution shall utilize the
teaching experience of the noncertificated, nonendorsed teacher for
the purpose of waiving student teaching as a condition for
receiving a provisional teaching certificate.
Sec. 1237. Notwithstanding any other provision of this act or
a rule to the contrary, a school district, local act school
district, intermediate school district, or public school academy
may
employ a person an
individual who does not hold a teaching
certificate
to provide speech and language services if the person
individual meets the requirements for speech-language certification
by
the American speech-language-hearing association. However, a
person
except for a teacher engaged
to teach in a community
district under section 1233c, an individual who does not hold a
teaching certificate shall not be assigned to serve as a classroom
teacher.
Sec.
1240. (1) The Subject to
subsection (3), the board of a
school district that has a membership of at least 20,000 pupils and
that includes in its territory a city with a population of at least
180,000 as of the most recent decennial census may create a law
enforcement agency in accordance with and as provided under the
public body law enforcement agency act, 2004 PA 378, MCL 28.581 to
28.590. If the school district is a qualifying school
district
under
part 5a, the chief executive officer of the school district,
with
the concurrence of the school reform board of the school
district,
may create a law enforcement agency in accordance with
and
as provided under the public body law enforcement agency act.
(2)
If Subject to subsection
(3), if the board or chief
executive
officer of a school district
creates a law enforcement
agency
under subsection (1), the board or chief executive officer
may grant to law enforcement officers of that law enforcement
agency the same powers, immunities, and authority as are granted by
law to peace officers and police officers to detect crime and to
enforce the criminal laws of this state and to enforce state laws,
local ordinances, and the ordinances and regulations of the school
district, as provided under the public body law enforcement agency
act, 2004 PA 378, MCL 28.581 to 28.590. Law enforcement officers to
whom the authority of peace officers and police officers is granted
under that act are considered peace officers of this state and have
the authority of police officers provided under the Michigan
vehicle code, 1949 PA 300, MCL 257.1 to 257.923, and as provided
under the code of criminal procedure, 1927 PA 175, MCL 760.1 to
777.69.
(3) If a school district operates a law enforcement agency
under this section and becomes a qualifying school district under
section 12b, the qualifying school district's law enforcement
agency shall be transferred by operation of law on the transfer
date to the community district created under part 5b. Beginning on
the transfer date, the community district may operate a law
enforcement agency in accordance with this section.
(4) For purposes of this section, a community district's
membership is considered to be the same as the membership of the
qualifying school district whose law enforcement agency is
transferred under subsection (3).
(5) As used in this section, "transfer date" means that term
as defined in section 12b.
Sec.
1250. (1) A Except as
otherwise provided in this section,
a school district, public school academy, or intermediate school
district shall implement and maintain a method of compensation for
its teachers and school administrators that includes job
performance and job accomplishments as a significant factor in
determining compensation and additional compensation. The
assessment of job performance shall incorporate a rigorous,
transparent, and fair evaluation system that evaluates a teacher's
or school administrator's performance at least in part based upon
data on student growth as measured by assessments and other
objective criteria.
(2) If a collective bargaining agreement is in effect for
teachers or school administrators of a school district, public
school
academy, or intermediate school district as of the effective
date
of the amendatory act that added this subsection, January 4,
2010, and if that collective bargaining agreement prevents
compliance with subsection (1), then subsection (1) does not apply
to that school district, public school academy, or intermediate
school district until after the expiration of that collective
bargaining agreement.
(3) For teachers and school administrators who are hired by a
community district after the accountability system under section
390 has been implemented, the community district shall implement
and maintain a method of compensation that includes job performance
and job accomplishments as the primary factor in determining
compensation and additional compensation. A teacher's or school
administrator's job performance shall be evaluated based on the
teacher's annual evaluation under section 1249 or the school
administrator's annual evaluation under section 1249b, as
applicable.
(4) For teachers and school administrators who are hired by a
community district after the accountability system under section
390 has been implemented, the community district shall not use
length of service or achievement of an advanced degree as a factor
in compensation levels or adjustments in compensation except as
follows:
(a) For a teacher with a secondary level teaching certificate
who has a subject area endorsement and who teaches in that subject
area, an advanced degree achieved in that subject area may be
considered as a factor in the teacher's base compensation.
(b) For a teacher with an elementary level teaching
certificate who teaches in an elementary grade, an advanced degree
in elementary education may be considered as a factor in the
teacher's base compensation.
Sec. 1351a. (1) Beginning with bonds issued after May 1, 1994,
a school district, including, but not limited to, a school district
that is a community district or a qualifying school district, shall
not borrow money and issue bonds of the district under section
1351(1). However, a school district, including, but not limited to,
a school district that is a community district, may borrow money
and issue bonds of the district to defray all or a part of the cost
of purchasing, erecting, completing, remodeling, or equipping or
reequipping, except for equipping or reequipping for technology,
school buildings, including library buildings, structures, athletic
fields, playgrounds, or other facilities, or parts of or additions
to those facilities; furnishing or refurnishing new or remodeled
school buildings; acquiring, preparing, developing, or improving
sites, or parts of or additions to sites, for school buildings,
including library buildings, structures, athletic fields,
playgrounds, or other facilities; purchasing school buses;
acquiring, installing, or equipping or reequipping school buildings
for technology; or accomplishing a combination of the purposes set
forth in this subsection. Section 1351(2) to (4) applies to bonds
issued under this section.
(2) The proceeds of bonds issued under this section or under
section
11i of the state school aid act of 1979, 1979 PA 94, MCL
388.1611i, shall be used for capital expenditures and to pay costs
of bond issuance, and shall not be used for maintenance costs.
Except as otherwise provided in this subsection, a school district
that issues bonds under this section or under section 11i of the
state
school aid act of 1979, 1979 PA 94, MCL 388.1611i, shall have
an independent audit, using generally accepted accounting
principles, of its bonding activities under these sections
conducted within 120 days after completion of all projects financed
by the proceeds of the bonds and shall submit the audit report to
the department of treasury. For bonds issued under section 11i of
the
state school aid act of 1979, 1979 PA 94, MCL 388.1611i, the
independent audit required under this subsection may be conducted
and submitted with the annual report required under the revised
municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.
(3) A school district, including, but not limited to, a school
district that is a community district, shall not borrow money and
issue notes or bonds under this section to defray all or part of
the costs of any of the following:
(a) Upgrades to operating system or application software.
(b) Media, including diskettes, compact discs, video tapes,
and disks, unless used for the storage of initial operating system
software or customized application software included in the
definition of technology under this section.
(c) Training, consulting, maintenance, service contracts,
software upgrades, troubleshooting, or software support.
(4) A resident of a school district, including, but not
limited to, a school district that is a community district, has
standing to bring suit against the school district to enforce the
provisions of this section in a court having jurisdiction.
(5) As used in this section, "technology" means any of the
following:
(a) Hardware and communication devices that transmit, receive,
or compute information for pupil instructional purposes.
(b) The initial purchase of operating system software or
customized application software, or both, accompanying the purchase
of hardware and communication devices under subdivision (a).
(c) The costs of design and installation of the hardware,
communication devices, and initial operating system software or
customized application software authorized under this subsection.
Sec. 1356. (1) Notwithstanding section 1351, a school district
that
has an operating or projected operating deficit in excess of
$100.00
per membership pupil or that
has outstanding state aid
anticipation notes issued under section 1225 through the Michigan
finance authority may, with the approval of the state treasurer,
borrow
and issue its negotiable interest bearing notes or bonds for
the
purpose of funding eliminating
the deficit or refunding or
refinancing the state aid anticipation notes and related multiyear
repayment obligations in accordance with this section. Notes or
bonds issued under this section shall be known as school financing
stability bonds. This authority is in addition to and not in
derogation of any power granted to a school district by any other
provision
of this act. However, except for the purpose of funding
an
operating or projected operating deficit resulting from a state
tax
tribunal order or a court order, a school district shall not
initiate
the procedures to borrow money or issue notes or bonds
under
this section after January 1, 1994.
(2)
Before a board of a school district issues notes or bonds
under this section, the board of the school district shall provide
by resolution for the submission of the following certified and
substantiated information to the department of treasury:
(a) There exists or will exist an operating deficit in the
school
district in excess of $100.00 per membership pupil.or the
school district has outstanding state aid anticipation notes issued
under section 1225 through the Michigan finance authority.
(b)
During If the school
district has a deficit, during or
before the fiscal year in which the application is made, the school
district
has made every available effort to offset the deficit. ,
including
submission of a question to the school electors of the
district
to increase the rate of ad valorem property taxes levied
in
the school district.
(c)
The school district has a plan approved by the school
board
state treasurer that outlines actions to be taken to balance
future expenditures with anticipated revenues and to repay any
bonds or notes issued under this section. The state treasurer may
recognize a deficit elimination plan or an enhanced deficit
elimination plan authorized under section 102 of the state school
aid act of 1979, MCL 388.1702, as satisfying the requirements for
an approved plan under this subdivision.
(3)
The existence of the an operating or projected operating
deficit, and
the amount of the operating or projected operating
deficit, and the amount necessary to refund or refinance any school
aid anticipation notes issued under section 1225 through the
Michigan finance authority shall be determined by the department of
treasury, using normal school accounting practices. If a financial
audit is required to arrive at a conclusive determination as to the
amount
of the a deficit, the state treasurer shall charge all
necessary expenses for the audit, including per diem and travel
expenses, to the school district, and the school district shall
make
payment to the state treasurer for these expenses. The A
determination by the department of treasury under this subsection
is
final and conclusive. as to the existence of an operating or
projected
operating deficit, the amount of the deficit, and the
amount
of the deficit per membership pupil.
(4) The notes or bonds may be issued in 1 or more series by
resolution adopted by the school board, which resolution in each
case shall make reference to the determination of the department of
treasury under subsection (3). The amount of a note or bond issued
shall
not exceed the amount of the operating deficit as shown by
the
determination.determined by
the department of treasury under
subsection (3).
(5)
The school district shall may
pledge as secondary security
for the repayment of principal and interest on notes or bonds
future
issued under this section
money from state school aid
payments ,
if any, paid or payable to
the school district, revenue
from taxes levied by the school district for school operating
purposes
under section 1211, and other funds tax revenue or money
of the district legally available as security. A pledge under this
subsection is valid and binding from the time the pledge is made. A
pledge under this subsection for the benefit of the holders of
notes or bonds or for the benefit of others is perfected without
delivery, recording, or notice. A school district may enter into an
agreement with the department of treasury or the Michigan finance
authority, or both, providing for the direct payment on behalf of
the school district to the Michigan finance authority or a
designated trustee of state school aid pledged for the repayment of
principal and interest on notes or bonds issued under this section
in the same manner as an agreement under section 17a(4) of the
state school aid act of 1979, MCL 388.1617a. A school district also
may provide for the deposit of revenues pledged for the payment of
notes or bonds issued under this section in a separate account to
pay principal and interest on notes or bonds, associated
administrative costs, and any other obligations issued by the
school district secured by the revenues. If the school district
enters into an agreement with a person with a duty or obligation to
collect for, pay, remit, disburse, or distribute to the school
district all or a portion of the revenues pledged by the school
district under this section, then the agreement must also provide
for the direct payment of the revenues that the person has a duty
or obligation to collect for, pay, remit, disburse, or distribute
to the school district, and that the school district has pledged
for payment of the notes or bonds issued under this section, to a
trustee to be deposited in a trust account and used only for paying
principal of and interest on the notes or bonds and related
administrative costs and any other obligations issued or owing by
the school district and secured by the revenues. If a school
district has entered into an agreement with a trustee for the
deposit of revenues pledged by a school district into a trust
account, then after the issuance of the notes or bonds and before
the deposit of the revenues of the school district into that trust
account, the revenues of the school district to be deposited are
held in trust for the benefit of the trustee and the notes or bonds
by any persons coming into possession of the revenues. The revenues
are held in trust for the benefit of the trustee and the notes or
bonds whether the school district directly collects the revenues,
another person collects the revenues, or any other person comes
into possession of the revenues, and the revenues remain subject to
the trust regardless of any subsequent transfer of the revenues
until the revenues are deposited into the trust account. If the
school district or other person holds a residual or other interest
in the revenues held in trust and to be deposited with the trustee
in the trust account, the interest is subordinate to a lien on the
revenues in favor of the trustee for the purpose of ensuring
delivery of the revenues to the trust account. The lien arises by
operation of law and without further act or notice of any kind at
the earliest time that the school district has or acquires any
rights in the revenues pledged under the agreement, is and will
remain paramount and superior to any other lien and interest of any
kind, and is perfected without delivery, recording, or notice. The
revenues held in trust and to be deposited into the trust account
under this subsection are exempt from being levied upon, taken,
sequestered, or applied toward paying the debts or liabilities of
the school district other than those expressly specified in the
agreement described in this subsection.
(6) The notes or bonds shall mature serially with annual
maturities
not more than 10 25 years from their date and shall bear
interest, payable annually or semiannually, at a rate or rates not
exceeding a rate determined by the school board in the school
district's borrowing resolution. The first principal installment on
the notes or bonds shall be due not more than 18 months from the
date
of the issuance of the notes or bonds. , and a principal
installment
on the notes shall not be less than 1/3 of the
principal
amount of a subsequent principal installment. The notes
or bonds may be made subject to redemption before maturity with or
without premium in a manner and at times provided in the resolution
authorizing the issuance of the notes or bonds.
(7) Notes or bonds issued under this section are valid and
binding general obligations of the school district, it being the
intent and purpose that the notes or bonds and the interest on the
notes or bonds be promptly paid when due from the first money
available to the school district not pledged for other indebtedness
and except to the extent that the use is restricted by the state
constitution of 1963 or the laws of the United States. If a school
district does not receive state school aid, the validity of a note
or bond issued under this section is not affected.
(8) Except as otherwise provided in this section, and unless
the state treasurer approves an exception, bonds and notes issued
under this section are subject to the revised municipal finance
act, 2001 PA 34, MCL 141.2101 to 141.2821.
(9) The proceeds of the sale of notes or bonds authorized
under this section, after payment of the costs of issuance of the
notes
or bonds and interest on the notes or bonds, for a period not
to
exceed 9 months, shall be used
solely for the purpose of paying
necessary operating expenses of the school district, including the
payment of principal of and interest on notes or bonds of the
school district issued for operating purposes under this or any
other act.
(10)
A board of a school district that borrows pursuant to
subsections
(1) to (9) under this section
shall submit its budget
for
review and approval to the department of education. treasury.
The
department of education treasury
shall take necessary steps,
subject to the school district's contracts and statutory
obligations, to assure that the expenditures of a school district
that receives money under this part shall not exceed revenues on an
annual basis and that the school district maintains a balanced
budget.
Enacting section 1. Part 5a and sections 403, 404, 412, 416a,
420, 421, 449, and 485 of the revised school code, 1976 PA 451, MCL
380.371 to 380.376, 380.403, 380.404, 380.412, 380.416a, 380.420,
380.421, 380.449, and 380.485, are repealed.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 711 of the 98th Legislature is enacted into
law.