SENATE Substitute For
HOUSE BILL NO. 5913
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending sections 6, 6a, 11p, 104, 201c, and 236g (MCL 388.1606, 388.1606a, 388.1611p, 388.1704, 388.1801c, and 388.1836g), sections 6 and 104 as amended by 2020 PA 146, section 6a as amended by 2007 PA 137, and sections 11p, 201c, and 236g as added by 2020 PA 146, and by adding section 98a.
The people of the state of michigan enact:
Sec. 6. (1) "Center program" means a program operated by a district or by an intermediate district for special education pupils from several districts in programs for pupils with autism spectrum disorder, pupils with severe cognitive impairment, pupils with moderate cognitive impairment, pupils with severe multiple impairments, pupils with hearing impairment, pupils with visual impairment, and pupils with physical impairment or other health impairment. Programs for pupils with emotional impairment housed in buildings that do not serve regular education pupils also qualify. Unless otherwise approved by the department, a center program either serves all constituent districts within an intermediate district or serves several districts with less than 50% of the pupils residing in the operating district. In addition, special education center program pupils placed part-time in noncenter programs to comply with the least restrictive environment provisions of section 1412 of the individuals with disabilities education act, 20 USC 1412, may be considered center program pupils for pupil accounting purposes for the time scheduled in either a center program or a noncenter program.
(2) "District and high school graduation rate" means the annual completion and pupil dropout rate that is calculated by the center pursuant to nationally recognized standards.
(3) "District and high school graduation report" means a report of the number of pupils, excluding adult education participants, in the district for the immediately preceding school year, adjusted for those pupils who have transferred into or out of the district or high school, who leave high school with a diploma or other credential of equal status.
(4) "Membership", except as otherwise provided in this subsection and this article, means for a district, a public school academy, or an intermediate district the sum of the product of .90 times the number of full-time equated pupils in grades K to 12 actually enrolled and in regular daily attendance in the district, public school academy, or intermediate district on the pupil membership count day for the current school year, plus the product of .10 times the final audited count from the supplemental count day of full-time equated pupils in grades K to 12 actually enrolled and in regular daily attendance in the district, public school academy, or intermediate district for the immediately preceding school year. A district's, public school academy's, or intermediate district's membership is adjusted as provided under section 25e for pupils who enroll after the pupil membership count day in a strict discipline academy operating under sections 1311b to 1311m of the revised school code, MCL 380.1311b to 380.1311m. However, except as otherwise provided in this subsection, for a district that is a community district, "membership" membership means the sum of the product of .90 times the number of full-time equated pupils in grades K to 12 actually enrolled and in regular daily attendance in the community district on the pupil membership count day for the current school year, plus the product of .10 times the sum of the final audited count from the supplemental count day of full-time equated pupils in grades K to 12 actually enrolled and in regular daily attendance in the community district for the immediately preceding school year. For 2020-2021 only, membership means for a district, a public school academy, an intermediate district, or a community district, the sum of the product of .75 times the district's, public school academy's, intermediate district's, or community district's 2019-2020 membership as calculated under this section in 2019-2020 and the product of .25 times [the sum of (the product of .90 times the number of full-time equated pupils engaged in pandemic learning for fall 2020 or, for a public school academy that operates as a cyber school, as that term is defined in section 551 of the revised school code, MCL 380.551, the number of full-time equated pupils in grades K to 12 actually enrolled and in regular daily attendance in the public school academy on pupil membership count day) and (the product of .10 times the final audited count from the supplemental count day of full-time equated pupils in grades K to 12 actually enrolled and in regular daily attendance in the district, public school academy, intermediate district, or community district for the immediately preceding school year)]. All pupil counts used in this subsection are as determined by the department and calculated by adding the number of pupils registered for attendance plus pupils received by transfer and minus pupils lost as defined by rules promulgated by the superintendent, and as corrected by a subsequent department audit. The amount of the foundation allowance for a pupil in membership is determined under section 20. In making the calculation of membership, all of the following, as applicable, apply to determining the membership of a district, a public school academy, or an intermediate district:
(a) Except as otherwise provided in this subsection, and pursuant to subsection (6), a pupil is counted in membership in the pupil's educating district or districts. An individual pupil shall not be counted for more than a total of 1.0 full-time equated membership.
(b) If a pupil is educated in a district other than the pupil's district of residence, if the pupil is not being educated as part of a cooperative education program, if the pupil's district of residence does not give the educating district its approval to count the pupil in membership in the educating district, and if the pupil is not covered by an exception specified in subsection (6) to the requirement that the educating district must have the approval of the pupil's district of residence to count the pupil in membership, the pupil is not counted in membership in any district.
(c) A special education pupil educated by the intermediate district is counted in membership in the intermediate district.
(d) A pupil placed by a court or state agency in an on-grounds program of a juvenile detention facility, a child caring institution, or a mental health institution, or a pupil funded under section 53a, is counted in membership in the district or intermediate district approved by the department to operate the program.
(e) A pupil enrolled in the Michigan Schools for the Deaf and Blind is counted in membership in the pupil's intermediate district of residence.
(f) A pupil enrolled in a career and technical education program supported by a millage levied over an area larger than a single district or in an area vocational-technical education program established under section 690 of the revised school code, MCL 380.690, is counted in membership only in the pupil's district of residence.
(g) A pupil enrolled in a public school academy is counted in membership in the public school academy.
(h) For the purposes of this section and section 6a, for a cyber school, as that term is defined in section 551 of the revised school code, MCL 380.551, that is in compliance with section 553a of the revised school code, MCL 380.553a, a pupil's participation in the cyber school's educational program is considered regular daily attendance, and for a district or public school academy, a pupil's participation in a virtual course as that term is defined in section 21f is considered regular daily attendance. For the purposes of this subdivision, for a pupil enrolled in a cyber school and utilizing sequential learning, participation means that term as defined in the pupil accounting manual, section 5-o-d: requirements for counting pupils in membership-subsection 10.
(i) For a new district or public school academy beginning its operation after December 31, 1994, membership for the first 2 full or partial fiscal years of operation is determined as follows:
(i) If Except as otherwise provided in this
subparagraph, if operations begin before the pupil membership
count day for the fiscal year, membership is the
average number of
full-time equated pupils in grades K to 12 actually enrolled and in regular
daily attendance on the pupil membership count day for the current school year
and on the supplemental count day for the current school year, as determined by
the department and calculated by adding the number of pupils registered for
attendance on the pupil membership count day plus pupils received by transfer
and minus pupils lost as defined by rules promulgated by the superintendent, and
as corrected by a subsequent department audit, plus the final audited count
from the supplemental count day for the current school year, and dividing that
sum by 2. However, for 2020-2021
only, if operations begin before the pupil membership count day for the fiscal
year, except for a public school academy that operates as a cyber school, as
that term is defined in section 551 of the revised school code, MCL 380.551, membership
is the average number of full-time equated pupils engaged in pandemic learning
for fall 2020 and full-time equated pupils engaged in pandemic learning for
spring 2021, as that term is defined in section 6a, as determined by the
department and calculated by adding the number of pupils registered for
attendance on the pupil membership count day plus pupils received by transfer
and minus pupils lost as defined by rules promulgated by the superintendent,
and as corrected by a subsequent department audit, plus the final audited count
from the supplemental count day for the current school year, and dividing that
sum by 2.
(ii) If operations begin after the
pupil membership count day for the fiscal year and not later than the
supplemental count day for the fiscal year, membership is the final audited
count of the number of full-time equated pupils in grades K to 12 actually
enrolled and in regular daily attendance on the supplemental count day for the
current school year, but, for
2020-2021 only, except for a public school academy that operates as a cyber
school, as that term is defined in section 551 of the revised school code, MCL
380.551, membership is the final audited count of the number of full-time
equated pupils engaged in pandemic learning for spring 2021, as that term is
defined in section 6a.
(j) If
a district is the authorizing body for a public school academy, then, in the
first school year in which pupils are counted in membership on the pupil
membership count day in the public school academy, the determination of the
district's membership excludes from the district's pupil count for the
immediately preceding supplemental count day any pupils who are counted in the
public school academy on that first pupil membership count day who were also
counted in the district on the immediately preceding supplemental count day.
(k) For
an extended school year program approved by the superintendent, a pupil
enrolled, but not scheduled to be in regular daily attendance, on a pupil
membership count day, is counted in membership.
(l) To be counted in membership, a
pupil must meet the minimum age requirement to be eligible to attend school
under section 1147 of the revised school code, MCL 380.1147, or must be
enrolled under subsection (3) of that section, and must be less than 20 years
of age on September 1 of the school year except as follows:
(i) A special education pupil who is
enrolled and receiving instruction in a special education program or service
approved by the department, who does not have a high school diploma, and who is
less than 26 years of age as of September 1 of the current school year is
counted in membership.
(ii) A pupil who is determined by the
department to meet all of the following may be counted in membership:
(A) Is
enrolled in a public school academy or an alternative education high school
diploma program, that is primarily focused on educating pupils with extreme
barriers to education, such as being homeless as defined under 42 USC 11302.
(B) Had
dropped out of school.
(C) Is
less than 22 years of age as of September 1 of the current school year.
(iii) If a child does not meet the
minimum age requirement to be eligible to attend school for that school year
under section 1147 of the revised school code, MCL 380.1147, but will be 5
years of age not later than December 1 of that school year, the district may
count the child in membership for that school year if the parent or legal
guardian has notified the district in writing that he or she intends to enroll
the child in kindergarten for that school year.
(m) An
individual who has achieved a high school diploma is not counted in membership.
An individual who has achieved a high school equivalency certificate is not
counted in membership unless the individual is a student with a disability as that term is defined in
R 340.1702 of the Michigan Administrative Code. An individual participating in
a job training program funded under former section 107a or a jobs program
funded under former section 107b, administered by the department of labor and
economic opportunity, or participating in any successor of either of those 2
programs, is not counted in membership.
(n) If
a pupil counted in membership in a public school academy is also educated by a
district or intermediate district as part of a cooperative education program,
the pupil is counted in membership only in the public school academy unless a
written agreement signed by all parties designates the party or parties in
which the pupil is counted in membership, and the instructional time scheduled
for the pupil in the district or intermediate district is included in the
full-time equated membership determination under subdivision (q) and section
101. However, for pupils receiving instruction in both a public school academy
and in a district or intermediate district but not as a part of a cooperative
education program, the following apply:
(i) If the public school academy
provides instruction for at least 1/2 of the class hours required under section
101, the public school academy receives as its prorated share of the full-time
equated membership for each of those pupils an amount equal to 1 times the product
of the hours of instruction the public school academy provides divided by the
number of hours required under section 101 for full-time equivalency, and the
remainder of the full-time membership for each of those pupils is allocated to
the district or intermediate district providing the remainder of the hours of
instruction.
(ii) If the public school academy
provides instruction for less than 1/2 of the class hours required under
section 101, the district or intermediate district providing the remainder of
the hours of instruction receives as its prorated share of the full-time
equated membership for each of those pupils an amount equal to 1 times the
product of the hours of instruction the district or intermediate district
provides divided by the number of hours required under section 101 for
full-time equivalency, and the remainder of the full-time membership for each
of those pupils is allocated to the public school academy.
(o) An
individual less than 16 years of age as of September 1 of the current school
year who is being educated in an alternative education program is not counted
in membership if there are also adult education participants being educated in
the same program or classroom.
(p) The
department shall give a uniform interpretation of full-time and part-time
memberships.
(q) The
number of class hours used to calculate full-time equated memberships must be
consistent with section 101. In determining full-time equated memberships for
pupils who are enrolled in a postsecondary institution or for pupils engaged in
an internship or work experience under section 1279h of the revised school
code, MCL 380.1279h, a pupil is not considered to be less than a full-time
equated pupil solely because of the effect of his or her postsecondary
enrollment or engagement in the internship or work experience, including
necessary travel time, on the number of class hours provided by the district to
the pupil.
(r)
Full-time equated memberships for pupils in kindergarten are determined by
dividing the number of instructional hours scheduled and provided per year per
kindergarten pupil by the same number used for determining full-time equated
memberships for pupils in grades 1 to 12. However, to the extent allowable
under federal law, for a district or public school academy that provides
evidence satisfactory to the department that it used federal title I money in
the 2 immediately preceding school fiscal years to fund full-time kindergarten,
full-time equated memberships for pupils in kindergarten are determined by dividing
the number of class hours scheduled and provided per year per kindergarten
pupil by a number equal to 1/2 the number used for determining full-time
equated memberships for pupils in grades 1 to 12. The change in the counting of
full-time equated memberships for pupils in kindergarten that took effect for
2012-2013 is not a mandate.
(s) For
a district or a public school academy that has pupils enrolled in a grade level
that was not offered by the district or public school academy in the
immediately preceding school year, the number of pupils enrolled in that grade
level to be counted in membership is the average of the number of those pupils
enrolled and in regular daily attendance on the pupil membership count day and
the supplemental count day of the current school year, but, for 2020-2021 only, except for a public school academy
that operates as a cyber school, as that term is defined in section 551 of the
revised school code, MCL 380.551, the number of pupils enrolled in that grade
level to be counted in membership is the average of the number of those pupils
engaged in pandemic learning for fall 2020 and the number of those pupils
engaged in pandemic learning for spring 2021, as that term is defined in
section 6a, as determined by the department. Membership is
calculated by adding the number of pupils registered for attendance in that
grade level on the pupil membership count day plus pupils received by transfer
and minus pupils lost as defined by rules promulgated by the superintendent, and
as corrected by subsequent department audit, plus the final audited count from
the supplemental count day for the current school year, and dividing that sum
by 2.
(t) A
pupil enrolled in a cooperative education program may be counted in membership
in the pupil's district of residence with the written approval of all parties
to the cooperative agreement.
(u) If,
as a result of a disciplinary action, a district determines through the
district's alternative or disciplinary education program that the best
instructional placement for a pupil is in the pupil's home or otherwise apart
from the general school population, if that placement is authorized in writing
by the district superintendent and district alternative or disciplinary
education supervisor, and if the district provides appropriate instruction as
described in this subdivision to the pupil at the pupil's home or otherwise
apart from the general school population, the district may count the pupil in
membership on a pro rata basis, with the proration based on the number of hours
of instruction the district actually provides to the pupil divided by the
number of hours required under section 101 for full-time equivalency. For the
purposes of this subdivision, a district is considered to be providing
appropriate instruction if all of the following are met:
(i) The district provides at least 2
nonconsecutive hours of instruction per week to the pupil at the pupil's home
or otherwise apart from the general school population under the supervision of
a certificated teacher.
(ii) The district provides
instructional materials, resources, and supplies that are comparable to those
otherwise provided in the district's alternative education program.
(iii) Course content is comparable to
that in the district's alternative education program.
(iv) Credit earned is awarded to the
pupil and placed on the pupil's transcript.
(v) If
a pupil was enrolled in a public school academy on the pupil membership count
day, if the public school academy's contract with its authorizing body is
revoked or the public school academy otherwise ceases to operate, and if the
pupil enrolls in a district within 45 days after the pupil membership count
day, the department shall adjust the district's pupil count for the pupil
membership count day to include the pupil in the count.
(w) For
a public school academy that has been in operation for at least 2 years and
that suspended operations for at least 1 semester and is resuming operations,
membership is the sum of the product of .90 times the number of full-time
equated pupils in grades K to 12 actually enrolled and in regular daily
attendance on the first pupil membership count day or supplemental count day,
whichever is first, occurring after operations resume, plus the product of .10 times the final audited count from
the most recent pupil membership count day or supplemental count day that
occurred before suspending operations, as determined by the superintendent,
but, for 2020-2021 only, except for a public school academy that operates as a
cyber school, as that term is defined in section 551 of the revised school
code, MCL 380.551, membership is the sum of the product of .90 times the number
of full-time equated pupils engaged in pandemic learning for fall 2020 or the
number of full-time equated pupils engaged in pandemic learning for spring
2021, as that term is defined in section 6a, whichever applies first after
operations resume, plus the product of .10 times the final
audited count from the most recent pupil membership count day or supplemental count
day that occurred before suspending operations, as determined by the
superintendent.
(x) If
a district's membership for a particular fiscal year, as otherwise calculated
under this subsection, would be less than 1,550 pupils and the district has 4.5
or fewer pupils per square mile, as determined by the department, and if the
district does not receive funding under section 22d(2), the district's
membership is considered to be the membership figure calculated under this
subdivision. If a district educates and counts in its membership pupils in
grades 9 to 12 who reside in a contiguous district that does not operate grades
9 to 12 and if 1 or both of the affected districts request the department to
use the determination allowed under this sentence, the department shall include
the square mileage of both districts in determining the number of pupils per
square mile for each of the districts for the purposes of this subdivision. The
membership figure calculated under this subdivision is the greater of the following:
(i) The average of the district's
membership for the 3-fiscal-year period ending with that fiscal year,
calculated by adding the district's actual membership for each of those 3
fiscal years, as otherwise calculated under this subsection, and dividing the
sum of those 3 membership figures by 3.
(ii) The district's actual membership
for that fiscal year as otherwise calculated under this subsection.
(y)
Full-time equated memberships for special education pupils who are not enrolled
in kindergarten but are enrolled in a classroom program under R 340.1754 of the
Michigan Administrative Code are determined by dividing the number of class
hours scheduled and provided per year by 450. Full-time equated memberships for
special education pupils who are not enrolled in kindergarten but are receiving
early childhood special education services under R 340.1755 or R 340.1862 of
the Michigan Administrative Code are determined by dividing the number of hours
of service scheduled and provided per year per-pupil by 180.
(z) A
pupil of a district that begins its school year after Labor Day who is enrolled
in an intermediate district program that begins before Labor Day is not
considered to be less than a full-time pupil solely due to instructional time
scheduled but not attended by the pupil before Labor Day.
(aa)
For the first year in which a pupil is counted in membership on the pupil
membership count day in a middle college program, the membership is the average
of the full-time equated membership on the pupil membership count day and on
the supplemental count day for the current school year, as determined by the
department. If a pupil described in this subdivision was counted in membership
by the operating district on the immediately preceding supplemental count day,
the pupil is excluded from the district's immediately preceding supplemental
count for the purposes of determining the district's membership.
(bb) A
district or public school academy that educates a pupil who attends a United
States Olympic Education Center may count the pupil in membership regardless of
whether or not the pupil is a resident of this state.
(cc) A
pupil enrolled in a district other than the pupil's district of residence under
section 1148(2) of the revised school code, MCL 380.1148, is counted in the
educating district.
(dd)
For a pupil enrolled in a dropout recovery program that meets the requirements
of section 23a, the pupil is counted as 1/12 of a full-time equated membership
for each month that the district operating the program reports that the pupil
was enrolled in the program and was in full attendance. However, if the special
membership counting provisions under this subdivision and the operation of the
other membership counting provisions under this subsection result in a pupil being
counted as more than 1.0 FTE in a fiscal year, the payment made for the pupil
under sections 22a and 22b must not be based on more than 1.0 FTE for that
pupil, and any portion of an FTE for that pupil that exceeds 1.0 is instead
paid under section 25g. The district operating the program shall report to the
center the number of pupils who were enrolled in the program and were in full
attendance for a month not later than 30 days after the end of the month. A
district shall not report a pupil as being in full attendance for a month
unless both of the following are met:
(i) A personalized learning plan is in
place on or before the first school day of the month for the first month the
pupil participates in the program.
(ii) The pupil meets the district's definition
under section 23a of satisfactory monthly progress for that month or, if the
pupil does not meet that definition of satisfactory monthly progress for that
month, the pupil did meet that definition of satisfactory monthly progress in
the immediately preceding month and appropriate interventions are implemented
within 10 school days after it is determined that the pupil does not meet that
definition of satisfactory monthly progress.
(ee) A
pupil participating in a virtual course under section 21f is counted in
membership in the district enrolling the pupil.
(ff) If
a public school academy that is not in its first or second year of operation
closes at the end of a school year and does not reopen for the next school
year, the department shall adjust the membership count of the district or other
public school academy in which a former pupil of the closed public school
academy enrolls and is in regular daily attendance for the next school year to
ensure that the district or other public school academy receives the same
amount of membership aid for the pupil as if the pupil were counted in the
district or other public school academy on the supplemental count day of the
preceding school year.
(gg) If
a special education pupil is expelled under section 1311 or 1311a of the
revised school code, MCL 380.1311 and 380.1311a, and is not in attendance on
the pupil membership count day because of the expulsion, and if the pupil
remains enrolled in the district and resumes regular daily attendance during
that school year, the district's membership is adjusted to count the pupil in
membership as if he or she had been in attendance on the pupil membership count
day.
(hh) A
pupil enrolled in a community district is counted in membership in the
community district.
(ii) A
part-time pupil enrolled in a nonpublic school in grades K to 12 in accordance
with section 166b shall not be counted as more than 0.75 of a full-time equated
membership.
(jj) A
district that borders another state or a public school academy that operates at
least grades 9 to 12 and is located within 20 miles of a border with another
state may count in membership a pupil who is enrolled in a course at a college
or university that is located in the bordering state and within 20 miles of the
border with this state if all of the following are met:
(i) The pupil would meet the
definition of an eligible student under the postsecondary enrollment options
act, 1996 PA 160, MCL 388.511 to 388.524, if the course were an eligible course
under that act.
(ii) The course in which the pupil is
enrolled would meet the definition of an eligible course under the
postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to 388.524, if
the course were provided by an eligible postsecondary institution under that
act.
(iii) The department determines that the
college or university is an institution that, in the other state, fulfills a
function comparable to a state university or community college, as those terms
are defined in section 3 of the postsecondary enrollment options act, 1996 PA
160, MCL 388.513, or is an independent nonprofit degree-granting college or
university.
(iv) The district or public school
academy pays for a portion of the pupil's tuition at the college or university
in an amount equal to the eligible charges that the district or public school
academy would pay to an eligible postsecondary institution under the
postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to 388.524, as
if the course were an eligible course under that act.
(v) The district or public school
academy awards high school credit to a pupil who successfully completes a
course as described in this subdivision.
(kk) A
pupil enrolled in a middle college program may be counted for more than a total
of 1.0 full-time equated membership if the pupil is enrolled in more than the
minimum number of instructional days and hours required under section 101 and
the pupil is expected to complete the 5-year program with both a high school
diploma and at least 60 transferable college credits or is expected to earn an
associate's degree in fewer than 5 years.
(ll) If a district's or public school
academy's membership for a particular fiscal year, as otherwise calculated
under this subsection, includes pupils counted in membership who are enrolled
under section 166b, all of the following apply for the purposes of this
subdivision:
(i) If the district's or public school
academy's membership for pupils counted under section 166b equals or exceeds 5%
of the district's or public school academy's membership for pupils not counted
in membership under section 166b in the immediately preceding fiscal year, then
the growth in the district's or public school academy's membership for pupils
counted under section 166b must not exceed 10%.
(ii) If the district's or public school
academy's membership for pupils counted under section 166b is less than 5% of
the district's or public school academy's membership for pupils not counted in
membership under section 166b in the immediately preceding fiscal year, then
the district's or public school academy's membership for pupils counted under
section 166b must not exceed the greater of the following:
(A) 5%
of the district's or public school academy's membership for pupils not counted
in membership under section 166b.
(B) 10%
more than the district's or public school academy's membership for pupils
counted under section 166b in the immediately preceding fiscal year.
(iii) If 1 or more districts consolidate
or are parties to an annexation, then the calculations under subdivisions subparagraphs (i) and (ii) must be applied to the combined
total membership for pupils counted in those districts for the fiscal year
immediately preceding the consolidation or annexation.
(5)
"Public school academy" means that term as defined in section 5 of
the revised school code, MCL 380.5.
(6)
"Pupil" means an individual in membership in a public school. A
district must have the approval of the pupil's district of residence to count
the pupil in membership, except approval by the pupil's district of residence
is not required for any of the following:
(a) A
nonpublic part-time pupil enrolled in grades K to 12 in accordance with section
166b.
(b) A
pupil receiving 1/2 or less of his or her instruction in a district other than
the pupil's district of residence.
(c) A
pupil enrolled in a public school academy.
(d) A
pupil enrolled in a district other than the pupil's district of residence under
an intermediate district schools of choice pilot program as described in
section 91a or former section 91 if the intermediate district and its
constituent districts have been exempted from section 105.
(e) A
pupil enrolled in a district other than the pupil's district of residence if
the pupil is enrolled in accordance with section 105 or 105c.
(f) A
pupil who has made an official written complaint or whose parent or legal
guardian has made an official written complaint to law enforcement officials
and to school officials of the pupil's district of residence that the pupil has
been the victim of a criminal sexual assault or other serious assault, if the
official complaint either indicates that the assault occurred at school or that
the assault was committed by 1 or more other pupils enrolled in the school the
pupil would otherwise attend in the district of residence or by an employee of
the district of residence. A person who intentionally makes a false report of a
crime to law enforcement officials for the purposes of this subdivision is
subject to section 411a of the Michigan penal code, 1931 PA 328, MCL 750.411a,
which provides criminal penalties for that conduct. As used in this
subdivision:
(i) "At school" means in a
classroom, elsewhere on school premises, on a school bus or other
school-related vehicle, or at a school-sponsored activity or event whether or
not it is held on school premises.
(ii) "Serious assault" means
an act that constitutes a felony violation of chapter XI of the Michigan penal
code, 1931 PA 328, MCL 750.81 to 750.90h, or that constitutes an assault and
infliction of serious or aggravated injury under section 81a of the Michigan
penal code, 1931 PA 328, MCL 750.81a.
(g) A
pupil whose district of residence changed after the pupil membership count day
and before the supplemental count day and who continues to be enrolled on the
supplemental count day as a nonresident in the district in which he or she was
enrolled as a resident on the pupil membership count day of the same school
year.
(h) A
pupil enrolled in an alternative education program operated by a district other
than his or her district of residence who meets 1 or more of the following:
(i) The pupil has been suspended or
expelled from his or her district of residence for any reason, including, but
not limited to, a suspension or expulsion under section 1310, 1311, or 1311a of
the revised school code, MCL 380.1310, 380.1311, and 380.1311a.
(ii) The pupil had previously dropped
out of school.
(iii) The pupil is pregnant or is a
parent.
(iv) The pupil has been referred to the
program by a court.
(i) A
pupil enrolled in the Michigan Virtual School, for the pupil's enrollment in
the Michigan Virtual School.
(j) A
pupil who is the child of a person who works at the district or who is the
child of a person who worked at the district as of the time the pupil first
enrolled in the district but who no longer works at the district due to a
workforce reduction. As used in this subdivision, "child" includes an
adopted child, stepchild, or legal ward.
(k) An
expelled pupil who has been denied reinstatement by the expelling district and
is reinstated by another school board under section 1311 or 1311a of the
revised school code, MCL 380.1311 and 380.1311a.
(l) A pupil enrolled in a district
other than the pupil's district of residence in a middle college program if the
pupil's district of residence and the enrolling district are both constituent
districts of the same intermediate district.
(m) A
pupil enrolled in a district other than the pupil's district of residence who
attends a United States Olympic Education Center.
(n) A
pupil enrolled in a district other than the pupil's district of residence pursuant to under section 1148(2)
of the revised school code, MCL 380.1148.
(o) A
pupil who enrolls in a district other than the pupil's district of residence as
a result of the pupil's school not making adequate yearly progress under the no
child left behind act of 2001, Public Law 107-110, or the every student
succeeds act, Public Law 114-95.
However,
if a district educates pupils who reside in another district and if the primary
instructional site for those pupils is established by the educating district
after 2009-2010 and is located within the boundaries of that other district,
the educating district must have the approval of that other district to count
those pupils in membership.
(7)
"Pupil membership count day" of a district or intermediate district
means:
(a)
Except as provided in subdivision (b), the first Wednesday in October each
school year or, for a district or building in which school is not in session on
that Wednesday due to conditions not within the control of school authorities,
with the approval of the superintendent, the immediately following day on which
school is in session in the district or building. A district is considered to be in session for purposes of
this subdivision when the district is providing pupil instruction pursuant to
an extended COVID-19 learning plan approved under section 98a.
(b) For
a district or intermediate district maintaining school during the entire school
year, the following days:
(i) Fourth Wednesday in July.
(ii) First Wednesday in October.
(iii) Second Wednesday in February.
(iv) Fourth Wednesday in April.
(8)
"Pupils in grades K to 12 actually enrolled and in regular daily
attendance" means pupils in grades K to 12 in attendance and receiving
instruction in all classes for which they are enrolled on the pupil membership
count day or the supplemental count day, as applicable. Except as otherwise
provided in this subsection, a pupil who is absent from any of the classes in
which the pupil is enrolled on the pupil membership count day or supplemental
count day and who does not attend each of those classes during the 10
consecutive school days immediately following the pupil membership count day or
supplemental count day, except for a pupil who has been excused by the district,
is not counted as 1.0 full-time equated membership. A pupil who is excused from
attendance on the pupil membership count day or supplemental count day and who
fails to attend each of the classes in which the pupil is enrolled within 30
calendar days after the pupil membership count day or supplemental count day is
not counted as 1.0 full-time equated membership. In addition, a pupil who was
enrolled and in attendance in a district, intermediate district, or public
school academy before the pupil membership count day or supplemental count day
of a particular year but was expelled or suspended on the pupil membership
count day or supplemental count day is only counted as 1.0 full-time equated
membership if the pupil resumed attendance in the district, intermediate
district, or public school academy within 45 days after the pupil membership
count day or supplemental count day of that particular year. A pupil not
counted as 1.0 full-time equated membership due to an absence from a class is
counted as a prorated membership for the classes the pupil attended. For
purposes of this subsection, "class" means a period of time in 1 day
when pupils and a certificated teacher, a teacher engaged to teach under
section 1233b of the revised school code, MCL 380.1233b, or an individual
working under a valid substitute permit, authorization, or approval issued by
the department, are together and instruction is taking place.
(a) For a pupil who is not learning
sequentially, any of the following occurs for each of
the pupil's scheduled courses:
(i) The pupil attends a live lesson
from the pupil's teacher or at least 1 of the pupil's teachers on 2020-2021
pupil membership count day.
(ii) The pupil logs into an online or
virtual lesson or lesson activity on 2020-2021 pupil membership count day and
the login can be documented by the district or intermediate district.
(iii) The pupil and the pupil's teacher
or at least 1 of the pupil's teachers engage in a subject-oriented telephone
conversation on 2020-2021 pupil membership count day.
(iv) The district or intermediate
district documents that an electronic mail dialogue occurred between the pupil
and the pupil's teacher or at least 1 of the pupil's teachers on 2020-2021 pupil
membership count day.
(b) For a pupil who is using
sequential learning, any of the following occurs for each of the pupil's
scheduled courses:
(i) The pupil attends a virtual course
where synchronous, live instruction occurs with the pupil's teacher or at least
1 of the pupil's teachers on 2020-2021 pupil membership count day and the
attendance is documented by the district or intermediate district.
(ii) The pupil completes a course
assignment on 2020-2021 pupil membership count day and the completion is
documented by the district or intermediate district.
(iii) The pupil completes a course lesson
or lesson activity on 2020-2021 pupil membership count day and the completion
is documented by the district or intermediate district.
(iv) The pupil accesses an ongoing
lesson that is not a login on 2020-2021 pupil membership count day and the
access is documented by the district or intermediate district.
(c) At a minimum, 1 2-way interaction
has occurred between the pupil and the pupil's teacher or at least 1 of the
pupil's teachers during the week on which 2020-2021 pupil membership count day
falls and during each week for the 3 consecutive weeks after the week on which
2020-2021 pupil membership count day falls. A district
may utilize 2-way interactions that occur under this subdivision toward meeting
the requirement under section 101(3)(h). As used in this subdivision:
(i) "2-way interaction" means a communication that occurs
between a pupil and the pupil's teacher or at least 1 of the pupil's teachers,
where 1 party initiates communication and a response from the other party
follows that communication, and that is relevant to course progress or course
content for at least 1 of the courses in which the pupil is enrolled.
Responses, as described in this subparagraph, must be to the communication
initiated by the teacher, and not some other action taken. The communication
described in this subparagraph may occur through, but is not limited to, any of
the following means:
(A) Electronic mail.
(B) Telephone.
(C) Instant messaging.
(D) Face-to-face conversation.
(ii) "Week" means a period
beginning on Wednesday and ending on the following Tuesday.
(d) The pupil has not participated in
or completed an activity as described in subdivision (a), (b), or (c) and the
pupil was not excused from participation or completion, but the pupil
participates in or completes an activity described in subdivision (a) or (b)
during the 10 consecutive school days immediately following the 2020-2021 pupil
membership count day.
(e) The pupil has not participated in
or completed an activity as described in subdivision (a), (b), or (c) and the
pupil was excused from participation or completion, but the pupil participates
in or completes an activity described in subdivision (a) or (b) during the 30 calendar
days immediately following the 2020-2021 pupil membership count day.
(f) The pupil meets the criteria of
pupils in grades K to 12 actually enrolled and in regular daily attendance.
(10) (9) "Rule" means a rule
promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306,
MCL 24.201 to 24.328.
(11) (10) "The revised school code"
means the revised school code, 1976 PA 451, MCL 380.1 to 380.1852.
(12) (11) "School district of the first
class", "first class school district", and "district of the
first class" mean, for the purposes of this article only, a district that
had at least 40,000 pupils in membership for the immediately preceding fiscal
year.
(13) (12) "School fiscal year" means
a fiscal year that commences July 1 and continues through June 30.
(14) (13) "State board" means the
state board of education.
(15) (14) "Superintendent", unless
the context clearly refers to a district or intermediate district
superintendent, means the superintendent of public instruction described in
section 3 of article VIII of the state constitution of 1963.
(16) (15) "Supplemental count day"
means the day on which the supplemental pupil count is conducted under section
6a or the day specified as
supplemental count day under section 6a.
(17) (16) "Tuition pupil" means a
pupil of school age attending school in a district other than the pupil's
district of residence for whom tuition may be charged to the district of
residence. Tuition pupil does not include a pupil who is a special education
pupil, a pupil described in subsection (6)(c) to (o), or a pupil whose parent
or guardian voluntarily enrolls the pupil in a district that is not the pupil's
district of residence. A pupil's district of residence shall not require a high
school tuition pupil, as provided under section 111, to attend another school
district after the pupil has been assigned to a school district.
(18) (17) "State school aid fund"
means the state school aid fund established in section 11 of article IX of the
state constitution of 1963.
(19) (18) "Taxable value" means the
taxable value of property as determined under section 27a of the general
property tax act, 1893 PA 206, MCL 211.27a.
(20) (19) "Textbook" means a book,
electronic book, or other instructional print or electronic resource that is
selected and approved by the governing board of a district and that contains a
presentation of principles of a subject, or that is a literary work relevant to
the study of a subject required for the use of classroom pupils, or another
type of course material that forms the basis of classroom instruction.
(21) (20) "Total state aid" or
"total state school aid", except as otherwise provided in this article, means
the total combined amount of all funds due to a district, intermediate district,
or other entity under this article.
Sec. 6a. (1) Except as otherwise provided in this subsection and this act, in addition to the pupil membership count day, there shall be is a supplemental pupil count of the number of full-time equated pupils in grades K-12 actually enrolled and in regular daily attendance in a district or intermediate district on the second Wednesday in February or, for a district that is not in session on that day due to conditions not within the control of school authorities, with the approval of the superintendent, the immediately following day on which the district is in session, but, for 2020-2021 only, in addition to the pupil membership count day, there is a supplemental pupil count of the number of full-time equated pupils engaged in pandemic learning for spring 2021 or, for a district that operates as a cyber school, as that term is defined in section 551 of the revised school code, MCL 380.551, the number of full-time equated pupils in grades K to 12 actually enrolled and in regular attendance in the district on 2020-2021 supplemental count day. For the purposes of this act, and except as otherwise provided in this subsection, the day on which the supplemental pupil count is conducted is the supplemental count day. For 2020-2021, for purposes of this act, and except as otherwise specifically provided in this article, supplemental count day is the second Wednesday in February or, for a district that is not in session on that day due to conditions not within the control of school authorities, with the approval of the superintendent, the immediately following day on which the district is in session. A district is considered to be in session for purposes of this subsection when the district is providing pupil instruction pursuant to an extended COVID-19 learning plan approved under section 98a.
(2) As used in this section, "pupils engaged in pandemic learning for spring 2021" means pupils in grades K to 12 who are enrolled in a district, excluding a district that operates as a cyber school, as that term is defined in section 551 of the revised school code, MCL 380.551, or intermediate district and to which any of the following apply:
(a) For a pupil who is not learning sequentially, any of the following occurs for each of the pupil's scheduled courses:
(i) The pupil attends a live lesson from the pupil's teacher or at least 1 of the pupil's teachers on 2020-2021 supplemental count day.
(ii) The pupil logs into an online or virtual lesson or lesson activity on 2020-2021 supplemental count day and the login can be documented by the district or intermediate district.
(iii) The pupil and the pupil's teacher or at least 1 of the pupil's teachers engage in a subject-oriented telephone conversation on 2020-2021 supplemental count day.
(iv) The district or intermediate district documents that an electronic mail dialogue occurred between the pupil and the pupil's teacher or at least 1 of the pupil's teachers on 2020-2021 supplemental count day.
(b) For a pupil who is using sequential learning, any of the following occurs for each of the pupil's scheduled courses:
(i) The pupil attends a virtual course where synchronous, live instruction occurs with the pupil's teacher or at least 1 of the pupil's teachers on 2020-2021 supplemental count day and the attendance is documented by the district or intermediate district.
(ii) The pupil completes a course assignment on 2020-2021 supplemental count day and the completion is documented by the district or intermediate district.
(iii) The pupil completes a course lesson or lesson activity on 2020-2021 supplemental count day and the completion is documented by the district or intermediate district.
(iv) The pupil accesses an ongoing lesson that is not a login on 2020-2021 supplemental count day and the access is documented by the district or intermediate district.
(c) At a minimum,
1 2-way interaction has occurred between the pupil and the pupil's teacher or
at least 1 of the pupil's teachers during the week on which 2020-2021
supplemental count day falls and during each week for the 3 consecutive weeks
after the week on which 2020-2021 supplemental count day falls. A district may utilize 2-way interactions that occur under
this subdivision toward meeting the requirement under section 101(3)(h). As
used in this subdivision:
(i) "2-way
interaction" means a communication that occurs between a pupil and the
pupil's teacher or at least 1 of the pupil's teachers, where 1 party initiates
communication and a response from the other party follows that communication,
and that is relevant to course progress or course content for at least 1 of the
courses in which the pupil is enrolled. Responses, as described in this
subparagraph, must be to the communication initiated by the teacher, and not
some other action taken. The communication described in this subparagraph may
occur through, but is not limited to, any of the following means:
(A) Electronic mail.
(B) Telephone.
(C) Instant
messaging.
(D) Face-to-face
conversation.
(ii) "Week" means a period beginning on Wednesday and ending on the following Tuesday.
(d) The pupil has not participated or completed an activity described in subdivision (a), (b), or (c) and the pupil was not excused from participation or completion, but the pupil participates in or completes an activity described in subdivision (a) or (b) during the 10 consecutive school days immediately following the 2020-2021 supplemental count day.
(e) The pupil has not participated or completed an activity described in subdivision (a), (b), or (c) and the pupil was excused from participation or completion, but the pupil participates in or completes an activity described in subdivision (a) or (b) during the 30 calendar days immediately following the 2020-2021 supplemental count day.
(f) The pupil
meets the criteria of pupils in grades K to 12 actually enrolled and in regular
daily attendance.
Sec. 11p. (1) In addition to the From the federal funds appropriated under section 11, for 2019-2020 only, there is appropriated allocated an amount not to exceed $512,000,000.00 from the federal funding awarded to this state from the coronavirus relief fund under the coronavirus aid, relief, and economic security act, Public Law 116-136.
(2) From the funds appropriated allocated under this section, the department shall pay to each district an amount equal to $350.00 for each pupil in membership for 2019-2020 only.
(3) A district receiving funds under this section must comply with all requirements corresponding to the receipt of funds under the coronavirus aid, relief, and economic security act, Public Law 116-136, and 2 CFR part 200, as applicable, including, but not limited to, any certifications, assurances, and accountability and transparency provisions. The department may require any documentation necessary to ensure compliance with federal requirements.
(4) Any funds received under this act and expended by a district in any manner that does not adhere to the coronavirus aid, relief, and economic security act, Public Law 116-136, or 2 CFR part 200, as applicable, must be returned to this state. If it is determined that a district receiving funds under this act expends any funds received under this act for a purpose that is not consistent with the requirements of the coronavirus aid, relief, and economic security act, Public Law 116-136, or 2 CFR part 200, as applicable, the state budget director is authorized to withhold payment of state funds, in part or in whole, payable to that district from any state appropriation under this act.
(5) The appropriation allocation in this section from the federal funding
awarded to this state from the coronavirus relief fund under the coronavirus
aid, relief, and economic security act, Public Law 116-136, reduces to $0.00
the coronavirus relief fund appropriations authorized in the same amount and
for the same purpose under section 302 of 2020 PA 67.
(6) A district
shall accrue the payments received under this section to the school fiscal year
ending June 30, 2020.
Sec. 98a. (1) In order
to receive state aid under this article for 2020-2021, a district must provide,
for the 2020-2021 school year, instruction under an extended COVID-19 learning
plan that has been approved by an intermediate district or authorizing body, as
applicable, under subsection (2). It is the intent of the legislature that
extended COVID-19 learning plans described in this subsection provide districts
with maximum flexibility to adapt their educational programs for some or all
pupils at some or all of the schools operated by
the district to respond to the COVID-19 pandemic. An extended COVID-19 learning
plan described in this subsection must include all of the following elements:
(a) A
statement indicating why an extended COVID-19 learning plan is necessary to
increase pupil engagement and achievement for the 2020-2021 school year.
(b) The
educational goals expected to be achieved for the 2020-2021 school year. The
educational goals described in this subdivision must not be utilized to
determine state policy. The district must establish all of its goals under this
subdivision by not later than September 15, 2020. An extended COVID-19 learning
plan described in this subsection must specify which educational goals
described in this subdivision are expected to be achieved by the middle of the
school year and which goals are expected to be achieved by the end of the
school year. All of the following apply to the educational goals described in
this subdivision:
(i) The goals must include increased
pupil achievement or, if growth can be validly and reliably measured using a
benchmark assessment or benchmark assessments, growth on a benchmark assessment
or benchmark assessments described in subparagraph (ii) in the aggregate and for all
subgroups of pupils.
(ii) The goals must include an assurance
that the district shall select a benchmark assessment or benchmark assessments
that are aligned to state standards and an assurance that the district shall
administer the benchmark assessment or benchmark assessments to all pupils as
prescribed under section 104 to determine whether pupils are making meaningful
progress toward mastery of these standards.
(iii) The goals must be measurable
through a benchmark assessment or benchmark assessments described in
subparagraph (ii).
(c) A
description of how instruction will be delivered during the 2020-2021 school
year. Instruction, as described in this subdivision, may be delivered at school or at a different location, in person, online,
digitally, by other remote means, in a synchronous or asynchronous format, or
any combination thereof, but, except as otherwise provided in this subdivision,
must be delivered as included in the description. If the description of
instructional delivery under this subdivision differs from the delivery of
instruction re-confirmed under this subdivision, then instruction must be
delivered as re-confirmed. Thirty days after the approval of the plan under
subsection (2), and every 30 days thereafter, the district must, at a meeting
of the board or board of directors, as applicable, of the district, re-confirm
how instruction is going to be delivered during the 2020-2021 school year.
Public comment must be solicited from the parents or legal guardians of the
pupils enrolled in the district during a meeting described in this subdivision.
(d) A
description of how instruction for core academic areas provided under the
extended COVID-19 learning plan will expose each pupil to the academic
standards that apply for each pupil's grade level or courses in the same scope
and sequence as the district had planned for that exposure to occur for
in-person instruction, as applicable, and a description of how pupil progress
toward mastery of the standards described in this subdivision will be graded or
otherwise reported to the pupil and the pupil's parent or legal guardian.
(f) A
description of how the district will ensure that students with disabilities
will be provided with equitable access to instruction accommodation in
accordance with applicable state and federal laws, rules, and regulations.
(g) A
requirement that the district, in consultation with a local health department,
as that term is defined in section 1105 of the public health code, MCL
333.1105, and district employees, develop districtwide guidelines concerning
appropriate methods for delivering pupil instruction for the 2020-2021 school
year that are based on local data that are based on key metrics. However,
regardless of the guidelines developed under this subdivision, a determination
concerning the method for delivering pupil instruction remains with the
district. As used in this subdivision, "key metrics" means, at a
minimum, all of the following:
(i) The trend
of COVID-19 cases or positive COVID-19 tests, hospitalizations due to COVID-19,
and the number of deaths resulting from COVID-19 over a 14-day period.
(ii)
COVID-19 cases for each day for every 1 million individuals.
(iii) The
percentage of positive COVID-19 tests over a 4-week period.
(iv) Health
care capacity strength.
(v) Testing,
tracing, and containment infrastructure with regard to COVID-19.
(h) A
provision that, if the district determines that it is safe to provide in-person
pupil instruction to pupils, the district shall prioritize providing in-person
pupil instruction to pupils in grades K to 5 who are enrolled in the district.
(i) Electronic mail.
(ii) Telephone.
(iii) Instant messaging.
(iv) Face-to-face conversation.
(2) A
district that is not a public school academy that intends to provide
instruction under an extended COVID-19 learning plan shall submit its extended COVID-19
learning plan described in subsection (1) to the intermediate district in which
the district is located by not later than October 1, 2020, and a district that
is a public school academy that intends to provide instruction under an
extended COVID-19 learning plan shall submit its extended COVID-19 learning
plan described in subsection (1) to its authorizing body by not later than October
1, 2020, for approval. An intermediate district or
authorizing body, as applicable, shall approve an extended COVID-19
learning plan submitted for approval under this subsection if the plan includes
all of the elements required for inclusion in the plan under subsection (1). If
an intermediate district or authorizing body, as applicable, approves of a
district's extended COVID-19 learning plan under this subsection, the intermediate
district or authorizing body, as applicable, shall transmit copies of the
approved plan to the superintendent of public instruction and the state
treasurer.
(3) An
extended COVID-19 learning plan described in subsection (1) and approved under
subsection (2) must be made accessible through the transparency reporting link
located on the district's website by not later than
October 1, 2020.
(a) By not later than February 1,
2021, the district shall create a report concerning progress made in meeting
the educational goals described in subsection (1) that the district expected
would be achieved by the middle of the school year and shall ensure that the report
under this subdivision can be accessed through the transparency reporting link
located on the district's website.
(b) By not later than the last day of
the 2020-2021 school year, the district shall create a report concerning
progress made in meeting the educational goals described in subsection (1) that
the district expected would be achieved by the end of the school year and shall
ensure that the report under this subdivision can be accessed through the
transparency reporting link located on the district's website.
(5) This
section does not apply to a district that operates as a cyber school, as that
term is defined in section 551 of the revised school code, MCL 380.551.
Sec. 104. (1) In order to receive state aid under this article, a district shall comply with sections 1249, 1278a, 1278b, 1279g, and 1280b of the revised school code, MCL 380.1249, 380.1278a, 380.1278b, 380.1279g, and 380.1280b, and 1970 PA 38, MCL 388.1081 to 388.1086. Subject to subsection (2), from the state school aid fund money appropriated in section 11, there is allocated for 2019-2020 an amount not to exceed $26,009,400.00 for payments on behalf of districts for costs associated with complying with those provisions of law. In addition, from the federal funds appropriated in section 11, there is allocated for 2019-2020 an amount estimated at $6,250,000.00, funded from DED-OESE, title VI, state assessment funds, and from DED-OSERS, section 504 of part B of the individuals with disabilities education act, Public Law 94-142, plus any carryover federal funds from previous year appropriations, for the purposes of complying with the every student succeeds act, Public Law 114-95.
(2) The results of each test administered as part of the Michigan student test of educational progress (M-STEP), including tests administered to high school students, must include an item analysis that lists all items that are counted for individual pupil scores and the percentage of pupils choosing each possible response. The department shall work with the center to identify the number of students enrolled at the time assessments are given by each district. In calculating the percentage of pupils assessed for a district's scorecard, the department shall use only the number of pupils enrolled in the district at the time the district administers the assessments and shall exclude pupils who enroll in the district after the district administers the assessments.
(3) The department shall distribute federal funds allocated under this section in accordance with federal law and with flexibility provisions outlined in Public Law 107-116, and in the education flexibility partnership act of 1999, Public Law 106-25.
(4) From the funds allocated in subsection (1), there is allocated an amount not to exceed $2,500,000.00 to an intermediate district described in this subsection for statewide implementation of the Michigan kindergarten entry observation tool (MKEO) beginning in the fall of 2019, utilizing the Maryland-Ohio observational tool, also referred to as the Kindergarten Readiness Assessment, as piloted under this subsection in 2017-2018 and implemented in 2018-2019 and 2019-2020. The funding in this subsection is allocated to an intermediate district in prosperity region 9 with at least 3,000 kindergarten pupils enrolled in its constituent districts. It is the intent of the legislature that funding will not be allocated under this subsection for 2020-2021 for the purposes under this subsection and that statewide implementation of the Michigan kindergarten entry observation tool (MKEO), as described in this subsection, will be suspended for 2020-2021. All of the following apply to the implementation of the kindergarten entry observation tool under this subsection:
(a) The department, in collaboration with all intermediate districts, shall ensure that the Michigan kindergarten entry observation tool is administered in each kindergarten classroom to either the full census of kindergarten pupils enrolled in the classroom or to a representative sample of not less than 35% of the total kindergarten pupils enrolled in each classroom. If a district elects to administer the Michigan kindergarten entry observation tool to a random sample of pupils within each classroom, the district's intermediate district shall select the pupils who will receive the assessment based on the same random method. Beginning in 2020, 2021, the observation tool must be administered within 45 days after the start of the school year.
(b) The intermediate district that receives funding under this subsection, in collaboration with all other intermediate districts, shall implement a "train the trainer" professional development model on the usage of the Michigan kindergarten entry observation tool. This training model must provide training to intermediate district staff so that they may provide similar training for staff of their constituent districts. This training model must also ensure that the tool produces reliable data and that there are a sufficient number of trainers to train all kindergarten teachers statewide.
(c) By March 1, 2021, 2022, and each year thereafter, the department and the intermediate district that receives funding under this subsection shall report to the house and senate appropriations subcommittees on state school aid, the house and senate fiscal agencies, and the state budget director on the results of the statewide implementation, including, but not limited to, an evaluation of the demonstrated readiness of kindergarten pupils statewide and the effectiveness of state and federal early childhood programs that are designed for school readiness under this state's authority, including the great start readiness program and the great start readiness/Head Start blended program, as referenced under section 32d. By September 1, 2021, 2022, and each year thereafter, the department and the center shall provide a method for districts and public school academies with kindergarten enrollment to look up and verify their student enrollment data for pupils who were enrolled in a publicly funded early childhood program in the year before kindergarten, including the individual great start readiness program, individual great start readiness/Head Start blended program, individual title I preschool program, individual section 31a preschool program, individual early childhood special education program, or individual developmental kindergarten or program for young 5-year-olds in which each tested child was enrolled. A participating district shall analyze the data to determine whether high-performing children were enrolled in any specific early childhood program and, if so, report that finding to the department and to the intermediate district that receives funding under this subsection.
(d) The department shall approve the language and literacy domain within the Kindergarten Readiness Assessment for use by districts as an initial assessment that may be delivered to all kindergarten pupils to assist with identifying any possible area of concern for a pupil in English language arts.
(e) As used in this subsection:
(i) "Kindergarten" includes a classroom for young
5-year-olds, commonly referred to as "young 5s" or
"developmental kindergarten".
(ii) "Representative sample"
means a sample capable of producing valid and reliable assessment information
on all or major subgroups of kindergarten pupils in a district.
(5) The
department may recommend, but may not require, districts to allow pupils to use
an external keyboard with tablet devices for online M-STEP testing, including,
but not limited to, open-ended test items such as constructed response or
equation builder items.
(6)
Notwithstanding section 17b, the department shall make payments on behalf of
districts, intermediate districts, and other eligible entities under this
section on a schedule determined by the department.
(7)
From the allocation in subsection (1), there is allocated an amount not to
exceed $500,000.00 for 2019-2020 for the operation of an online reporting tool
to provide student-level assessment data in a secure environment to educators,
parents, and pupils immediately after assessments are scored. The department
and the center shall ensure that any data collected by the online reporting
tool do not provide individually identifiable student data to the federal
government.
(a) Within the first 9 weeks of the
2020-2021 school year, the district shall administer 1 or more benchmark
assessments provided by a provider approved under subsection (9), benchmark
assessments described in subsection (10), or local benchmark assessments, or
any combination thereof, to all pupils in grades K to 8 to measure proficiency
in reading and mathematics.
(b) In addition to the benchmark
assessment or benchmark assessments administered under subdivision (a), by not
later than the last day of the 2020-2021 school year, the district shall administer
1 or more benchmark assessments provided by a provider approved under
subsection (9), benchmark assessments described in subsection (10), or local
benchmark assessments, or any combination thereof, to all pupils in grades K to
8 to measure proficiency in reading and mathematics.
(9) The
department shall approve at least 4 but not more than 5 providers of benchmark
assessments for the purposes of subsection (8). The department shall inform
districts of all of the providers approved under this subsection in an
equitable manner. The benchmark assessments provided for the purposes of
subsection (8) by approved providers under this subsection, with the exclusion
of the benchmark assessment described in subsection (14), must meet all of the
following:
(a) Be 1
of the most commonly administered benchmark assessments in this state.
(b) Be
aligned to the content standards of this state.
(c)
Complement the state's summative assessment system.
(d) Be internet-delivered
and include a standards-based assessment using a computer-adaptive model to
target the instructional level of each pupil.
(e)
Provide information on pupil achievement with regard to learning content
required in a given year or grade span.
(f)
Provide immediate feedback to pupils and teachers.
(g) Be
nationally normed.
(h)
Provide multiple measures of growth and provide for multiple testing
opportunities.
(10) A
district may administer 1 or more of the following benchmark assessments toward
meeting the requirement under subsection (8):
(a) A
benchmark assessment in reading for students in grades K to 9 that contains
progress monitoring tools and enhanced diagnostic assessments.
(b) A
benchmark assessment in math for students in grades K to 8 that contains
progress monitoring tools.
(11) To
the extent practicable, if a district administers a benchmark assessment or
benchmark assessments under this section, the district shall administer the
same benchmark assessment or benchmark assessments provided by a provider approved
under subsection (9), benchmark assessment or benchmark assessments described
in subsection (10), or local benchmark assessment or local benchmark
assessments that it administered to pupils in previous school years, as applicable.
(12) By not later than June 30, 2021, a district shall send the aggregate
district-level data from a benchmark assessment or benchmark assessments,
excluding data from a local benchmark assessment or local benchmark
assessments, administered under this section to a regional data hub that is
part of the Michigan data hub network that shall compile the data and send it
to the center. Not later than August 1, 2021, the
department and the center shall provide a report to the governor and the senate
and house standing committees responsible for education legislation identifying
the number and percentage of pupils in this state who are significantly behind
grade level as determined by the department and the center based on the data
provided to the center under this subsection. The benchmark assessment data
under this subsection may also be used to measure pupils' growth based on their
performance on state summative assessments to identify districts and schools
where pupil achievement has increased or decreased. However, the benchmark
assessment data under this subsection must not be utilized for the state
accountability system. It is the intent of the legislature that the benchmark
assessment data under this subsection be primarily utilized to determine the
loss of learning, if any, resulting from the COVID-19 pandemic. After the
administration of statewide assessments resumes, the department shall also
provide a report to the governor and the senate and house standing committees
responsible for education legislation identifying the specific pupil groups
whose expected trajectory toward grade-level proficiency were most impacted by
school closures that occurred pursuant to the COVID-19 pandemic.
(13) If
a district administers a benchmark assessment or benchmark assessments under
this section, the district shall provide each pupil's data from the benchmark
assessment or benchmark assessments, as available, to the pupil's parent or
legal guardian within 30 days of administering the benchmark assessment or benchmark
assessments.
(14) The
department shall make 1 of the benchmark assessments provided by a provider approved
under subsection (9) available to districts at no cost to the districts. The
benchmark assessment described in this subsection must meet all of the
following:
(a) Be
aligned to the content standards of this state.
(b) Complement
the state's summative assessment system.
(c) Be
internet-delivered and include a standards-based assessment.
(d) Provide
information on pupil achievement with regard to learning content required in a
given year or grade span.
(e) Provide
timely feedback to pupils and teachers.
(f) Be
nationally normed.
(g) Provide
information to educators about student growth and allow for multiple testing
opportunities.
(15) If
a local benchmark assessment or local benchmark assessments are administered
under subsection (8), the district shall report to the department and the
center, in a form and manner prescribed by the center, the local benchmark
assessment or local benchmark assessments that were administered and how that
assessment or those assessments measure changes, including any losses, as
applicable, in learning, and the district's plan for addressing any losses in
learning.
(a) Provide for an assessment of the
distance-learning programs utilized in this state that were effective at
meeting educational goals and attainment.
(b) Provide for an assessment of how
the programs described in subdivision (a) operated.
(c) Provide for an assessment of the best
practices implemented by the programs described in subdivision (a) that should
be replicated by schools engaged in distance learning.
(d) Note distance-learning models
that were ineffective in achieving educational goals.
(17) (8) As used in this section:
(a)
"DED" means the United States Department of Education.
(b)
"DED-OESE" means the DED Office of Elementary and Secondary
Education.
(c)
"DED-OSERS" means the DED Office of Special Education and
Rehabilitative Services.
Sec. 201c. (1) In addition to the funds appropriated under section 201, for the fiscal year ending September 30, 2020 only, there is appropriated an amount not to exceed $36,273,400.00 from the federal funding awarded to this state from the coronavirus relief fund under the coronavirus aid, relief, and economic security act, Public Law 116-136.
(2) From the amount appropriated under subsection (1), each community college is allocated the following:
(a) Alpena Community College, $644,800.00.
(b) Bay de Noc Community College, $627,900.00.
(c) Delta College, $1,699,100.00.
(d) Glen Oaks Community College, $297,100.00.
(e) Gogebic Community College, $546,100.00.
(f) Grand Rapids Community College, $2,104,000.00.
(g) Henry Ford College, $2,525,400.00.
(h) Jackson College, $1,429,600.00.
(i) Kalamazoo Valley Community College, $1,468,200.00.
(j) Kellogg Community College, $1,150,700.00.
(k) Kirtland Community College, $376,400.00.
(l) Lake Michigan College, $639,100.00.
(m) Lansing Community College, $3,681.900.00.
(n) Macomb Community College, $3,841,500.00.
(o) Mid Michigan Community College, $581,000.00.
(p) Monroe County Community College, $531,900.00.
(q) Montcalm Community College, $400,200.00.
(r) C.S. Mott Community College, $1,842,500.00.
(s) Muskegon Community College, $1,041,100.00.
(t) North Central Michigan College, $379,900.00.
(u) Northwestern Michigan College, $1,072,200.00.
(v) Oakland Community College, $2,489,400.00.
(w) Schoolcraft College, $1,479,000.00.
(x) Southwestern Michigan College, $782,200.00.
(y) St. Clair County Community College, $827,700.00.
(z) Washtenaw Community College, $1,552,900.00.
(aa) Wayne County Community College, $1,971,800.00.
(bb) West Shore Community College, $289,800.00.
(3) A community college receiving funds under this section must comply with all requirements applicable to the receipt of funds under the coronavirus aid, relief, and economic security act, Public Law 116-136, and 2 CFR part 200, as applicable, including, but not limited to, any certifications, assurances, and accountability and transparency provisions. The department of treasury may require any documentation necessary to ensure compliance with federal requirements.
(4) Any funds received under this section and expended by a community college in any manner that does not comply with the coronavirus aid, relief, and economic security act, Public Law 116-136, or 2 CFR part 200, as applicable, must be returned to this state. If it is determined that a community college receiving funds under this section expends any funds received under this section for a purpose that is not consistent with the requirements of the coronavirus aid, relief, and economic security act, Public Law 116-136, or 2 CFR part 200, as applicable, the state budget director is authorized to withhold payment of state funds, in part or in whole, payable from any state appropriation under this act.
(5) The appropriation in this section from the federal funding awarded to this state from the coronavirus relief fund under the coronavirus aid, relief, and economic security act, Public Law 116-136, reduces to $0.00 the coronavirus relief fund appropriations authorized in the same amounts and for the same purposes under section 302 of 2020 PA 67.
(6) A community college with a fiscal year ending June 30 shall accrue the payments received under this section to that community college's fiscal year ending June 30, 2020.
Sec. 236g. (1) In addition to the funds appropriated under section 236, for the fiscal year ending September 30, 2020 only, there is appropriated an amount not to exceed $163,726,600.00 from the federal funding awarded to this state from the coronavirus relief fund under the coronavirus aid, relief, and economic security act, Public Law 116-136.
(2) From the amount appropriated under subsection (1), each public university is allocated the following:
(a) Central Michigan University, $9,821,000.00.
(b) Eastern Michigan University, $8,658,200.00.
(c) Ferris State University, $6,166,900.00.
(d) Grand Valley State University, $8,104,500.00.
(e) Lake Superior State University, $1,502,600.00.
(f) Michigan State University, $32,202,500.00.
(g) Michigan Technological University, $5,615,100.00.
(h) Northern Michigan University, $5,358,200.00.
(i) Oakland University, $5,956,500.00.
(j) Saginaw Valley State University, $3,427,700.00.
(k) University of Michigan – Ann Arbor, $36,084,600.00.
(l) University of Michigan – Dearborn, $2,932,600.00.
(m) University of Michigan – Flint, $2,646,800.00.
(n) Wayne State University, $22,750,600.00.
(o) Western Michigan University, $12,498,800.00.
(3) A university receiving funds under this section must comply with all requirements applicable to the receipt of funds under the coronavirus aid, relief, and economic security act, Public Law 116-136, and 2 CFR part 200, as applicable, including, but not limited to, any certifications, assurances, and accountability and transparency provisions. The department of treasury may require any documentation necessary to ensure compliance with federal requirements.
(4) Any funds received under this section and expended by a university in any manner that does not comply with the coronavirus aid, relief, and economic security act, Public Law 116-136, or 2 CFR part 200, as applicable, must be returned to this state. If it is determined that a university receiving funds under this section expends any funds received under this section for a purpose that is not consistent with the requirements of the coronavirus aid, relief, and economic security act, Public Law 116-136, or 2 CFR part 200, as applicable, the state budget director is authorized to withhold payment of state funds, in part or in whole, payable from any state appropriation under this act.
(5) The appropriation in
this section from the federal funding awarded to this state from the
coronavirus relief fund under the coronavirus aid, relief, and economic
security act, Public Law 116-136, reduces to $0.00 the coronavirus relief fund
appropriations authorized in the same amounts and for the same purposes under
section 302 of 2020 PA 67.
(6) A university
with a fiscal year ending June 30 shall accrue the payments received under this
section to that university's fiscal year ending June 30, 2020.
Enacting section
1. This amendatory act does not take effect unless all of the following bills
of the 100th Legislature are enacted into law:
(a) House Bill No. 5911.
(b) House Bill No. 5912.