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Michigan House Introduces Bill
to Allow Schools to Collect Funding for Distance Learning
Students
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On May 22, 2003 eighteen members of the Michigan House
Representatives introduced a bill to allow distance learning
students to be counted as full-time students for purposes of
pupil accounting and receipt of the foundation allowance for
school funding. HB 4719 was referred to the House Education
Committee. Sponsoring legislators include: Reps. Tom Casperson
(R-Escanaba, 108), Neal Nitz (R-Baroda, 78), David Farhat
(R-Muskegon, 91), Rick Shaffer (R-Three Rivers, 59), Scott
Hummel (R-DeWitt, 93), Chris Ward (R-Brighton, 66), Philip LaJoy
(R-Canton, 21), Jody Emmons (R-Sheridan, 70), Bruce Caswell
(R-Hillsdale, 58), Bill Huizenga(R-Zeeland, 90), Craig DeRoche
(R-Novi, 38), John Garfield (R-Rochester, 45), Scott Shackleton
(R-Sault Ste.Marie, 107), John Stakoe (R-Highland, 44), Jerry
Kooiman (R-Grand Rapids, 75), John Moolenaar (R-Midland, 98),
Barb Vander Veen (R-Allendale, 89) and Lauren Hager (R-Port
Huron, 81). Read the full text below.
HOUSE BILL No. 4719
A bill to amend 1979 PA 94, entitled "The state school aid act
of 1979," by amending section 6 (MCL 388.1606), as amended by
2002 PA 521.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 6. (1) "Center program" means a program operated by a
2 district or intermediate district for special education pupils
3 from several districts in programs for the autistically
impaired,
4 trainable mentally impaired, severely mentally impaired,
severely
5 multiply impaired, hearing impaired, physically and otherwise
6 health impaired, and visually impaired. Programs for
emotionally
7 impaired pupils housed in buildings that do not serve regular
8 education pupils also qualify. Unless otherwise approved by
the
9 department, a center program either shall serve all
constituent
10 districts within an intermediate district or shall serve
several
11 districts with less than 50% of the pupils residing in the
1 operating district. In addition, special education center
2 program pupils placed part-time in noncenter programs to
comply
3 with the least restrictive environment provisions of section
612
4 of part B of the individuals with disabilities education act,
5 title VI of Public Law 91-230, 20 U.S.C. 1412, may be
considered
6 center program pupils for pupil accounting purposes for the
time
7 scheduled in either a center program or a noncenter program.
8 (2) "District pupil retention rate" means the proportion of
9 pupils who have not dropped out of school in the immediately
10 preceding school year and is equal to 1 minus the quotient of
the
11 number of pupils unaccounted for in the immediately preceding
12 school year, as determined pursuant to subsection (3),
divided by
13 the pupils of the immediately preceding school year.
14 (3) "District pupil retention report" means a report of the
15 number of pupils, excluding migrant and adult, in the
district
16 for the immediately preceding school year, adjusted for those
17 pupils who have transferred into the district, transferred
out of
18 the district, transferred to alternative programs, and have
19 graduated, to determine the number of pupils who are
unaccounted
20 for. The number of pupils unaccounted for shall be calculated
as
21 determined by the department.
22 (4) "Membership", except as otherwise provided in this act,
23 means for a district, public school academy, university
school,
24 or intermediate district the sum of the product of .8 times
the
25 number of full-time equated pupils in grades K to 12 actually
26 enrolled and in regular daily attendance on the pupil
membership
27 count day for the current school year, plus the product of .2
1 times the final audited count from the supplemental count day
for
2 the immediately preceding school year. All pupil counts used
in
3 this subsection are as determined by the department and
4 calculated by adding the number of pupils registered for
5 attendance plus pupils received by transfer and minus pupils
lost
6 as defined by rules promulgated by the superintendent, and as
7 corrected by a subsequent department audit. The amount of the
8 foundation allowance for a pupil in membership is determined
9 under section 20. In making the calculation of membership, all
10 of the following, as applicable, apply to determining the
11 membership of a district, public school academy, university
12 school, or intermediate district:
13 (a) Except as otherwise provided in this subsection, and
14 pursuant to subsection (6), a pupil shall be counted in
15 membership in the pupil's educating district or districts. An
16 individual pupil shall not be counted for more than a total
of
17 1.0 full-time equated membership.
18 (b) If a pupil is educated in a district other than the
19 pupil's district of residence, if the pupil is not being
educated
20 as part of a cooperative education program, if the pupil's
21 district of residence does not give the educating district
its
22 approval to count the pupil in membership in the educating
23 district, and if the pupil is not covered by an exception
24 specified in subsection (6) to the requirement that the
educating
25 district must have the approval of the pupil's district of
26 residence to count the pupil in membership, the pupil shall
not
27 be counted in membership in any district.
1 (c) A special education pupil educated by the intermediate
2 district shall be counted in membership in the intermediate
3 district.
4 (d) A pupil placed by a court or state agency in an
5 on-grounds program of a juvenile detention facility, a child
6 caring institution, or a mental health institution, or a pupil
7 funded under section 53a, shall be counted in membership in
the
8 district or intermediate district approved by the department
to
9 operate the program.
10 (e) A pupil enrolled in the Michigan schools for the deaf and
11 blind shall be counted in membership in the pupil's
intermediate
12 district of residence.
13 (f) A pupil enrolled in a vocational education program
14 supported by a millage levied over an area larger than a
single
15 district or in an area vocational-technical education program
16 established pursuant to section 690 of the revised school
code,
17 MCL 380.690, shall be counted only in the pupil's district of
18 residence.
19 (g) A pupil enrolled in a university school shall be counted
20 in membership in the university school.
21 (h) A pupil enrolled in a public school academy shall be
22 counted in membership in the public school academy.
23 (i) For a new district, university school, or public school
24 academy beginning its operation after December 31, 1994,
25 membership for the first 2 full or partial fiscal years of
26 operation shall be determined as follows:
27 (i) If operations begin before the pupil membership count day
1 for the fiscal year, membership is the average number of
2 full-time equated pupils in grades K to 12 actually enrolled
and
3 in regular daily attendance on the pupil membership count day
for
4 the current school year and on the supplemental count day for
the
5 current school year, as determined by the department and
6 calculated by adding the number of pupils registered for
7 attendance on the pupil membership count day plus pupils
received
8 by transfer and minus pupils lost as defined by rules
promulgated
9 by the superintendent, and as corrected by a subsequent
10 department audit, plus the final audited count from the
11 supplemental count day for the current school year, and
dividing
12 that sum by 2.
13 (ii) If operations begin after the pupil membership count day
14 for the fiscal year and not later than the supplemental count
day
15 for the fiscal year, membership is the final audited count of
the
16 number of full-time equated pupils in grades K to 12 actually
17 enrolled and in regular daily attendance on the supplemental
18 count day for the current school year.
19 (j) If a district is the authorizing body for a public school
20 academy, then, in the first school year in which pupils are
21 counted in membership on the pupil membership count day in
the
22 public school academy, the determination of the district's
23 membership shall exclude from the district's pupil count for
the
24 immediately preceding supplemental count day any pupils who
are
25 counted in the public school academy on that first pupil
26 membership count day who were also counted in the district on
the
27 immediately preceding supplemental count day.
1 (k) In a district, public school academy, university school,
2 or intermediate district operating an extended school year
3 program approved by the superintendent, a pupil enrolled, but
not
4 scheduled to be in regular daily attendance on a pupil
membership
5 count day, shall be counted.
6 (l) Pupils to be counted in membership shall be not less than
7 5 years of age on December 1 and less than 20 years of age on
8 September 1 of the school year except a special education
pupil
9 who is enrolled and receiving instruction in a special
education
10 program approved by the department and not having a high
school
11 diploma who is less than 26 years of age as of September 1 of
the
12 current school year shall be counted in membership.
13 (m) An individual who has obtained a high school diploma
14 shall not be counted in membership. An individual who has
15 obtained a general education development (G.E.D.) certificate
16 shall not be counted in membership. An individual
participating
17 in a job training program funded under former section 107a or
a
18 jobs program funded under former section 107b, administered
by
19 the Michigan strategic fund or the department of career
20 development, or participating in any successor of either of
those
21 2 programs, shall not be counted in membership.
22 (n) If a pupil counted in membership in a public school
23 academy is also educated by a district or intermediate
district
24 as part of a cooperative education program, the pupil shall
be
25 counted in membership only in the public school academy, and
the
26 instructional time scheduled for the pupil in the district or
27 intermediate district shall be included in the full-time
equated
1 membership determination under subdivision (q). However, for
2 pupils receiving instruction in both a public school academy
and
3 in a district or intermediate district but not as a part of a
4 cooperative education program, the following apply:
5 (i) If the public school academy provides instruction for at
6 least 1/2 of the class hours specified in subdivision (q), the
7 public school academy shall receive as its prorated share of
the
8 full-time equated membership for each of those pupils an
amount
9 equal to 1 times the product of the hours of instruction the
10 public school academy provides divided by the number of hours
11 specified in subdivision (q) for full-time equivalency, and
the
12 remainder of the full-time membership for each of those
pupils
13 shall be allocated to the district or intermediate district
14 providing the remainder of the hours of instruction.
15 (ii) If the public school academy provides instruction for
16 less than 1/2 of the class hours specified in subdivision
(q),
17 the district or intermediate district providing the remainder
of
18 the hours of instruction shall receive as its prorated share
of
19 the full-time equated membership for each of those pupils an
20 amount equal to 1 times the product of the hours of
instruction
21 the district or intermediate district provides divided by the
22 number of hours specified in subdivision (q) for full-time
23 equivalency, and the remainder of the full-time membership
for
24 each of those pupils shall be allocated to the public school
25 academy.
26 (o) An individual less than 16 years of age as of September 1
27 of the current school year who is being educated in an
1 alternative education program shall not be counted in
membership
2 if there are also adult education participants being educated
in
3 the same program or classroom.
4 (p) The department shall give a uniform interpretation of
5 full-time and part-time memberships.
6 (q) The number of class hours used to calculate full-time
7 equated memberships shall be consistent with section 101(3).
In
8 determining full-time equated memberships for pupils who are
9 enrolled in a postsecondary institution, a pupil shall not be
10 considered to be less than a full-time equated pupil solely
11 because of the effect of his or her postsecondary enrollment,
12 including necessary travel time, on the number of class hours
13 provided by the district to the pupil.
14 (r) Full-time equated memberships for pupils in kindergarten
15 shall be determined by dividing the number of class hours
16 scheduled and provided per year per kindergarten pupil by a
17 number equal to 1/2 the number used for determining full-time
18 equated memberships for pupils in grades 1 to 12.
19 (s) For a district, university school, or public school
20 academy that has pupils enrolled in a grade level that was
not
21 offered by the district, university school, or public school
22 academy in the immediately preceding school year, the number
of
23 pupils enrolled in that grade level to be counted in
membership
24 is the average of the number of those pupils enrolled and in
25 regular daily attendance on the pupil membership count day
and
26 the supplemental count day of the current school year, as
27 determined by the department. Membership shall be calculated
by
1 adding the number of pupils registered for attendance in that
2 grade level on the pupil membership count day plus pupils
3 received by transfer and minus pupils lost as defined by rules
4 promulgated by the superintendent, and as corrected by
subsequent
5 department audit, plus the final audited count from the
6 supplemental count day for the current school year, and
dividing
7 that sum by 2.
8 (t) A pupil enrolled in a cooperative education program may
9 be counted in membership in the pupil's district of residence
10 with the written approval of all parties to the cooperative
11 agreement.
12 (u) If, as a result of a disciplinary action, a district
13 determines through the district's alternative or disciplinary
14 education program that the best instructional placement for a
15 pupil is in the pupil's home, if that placement is authorized
in
16 writing by the district superintendent and district
alternative
17 or disciplinary education supervisor, and if the district
18 provides appropriate instruction as described in this
subdivision
19 to the pupil at the pupil's home, the district may count the
20 pupil in membership on a pro rata basis, with the proration
based
21 on the number of hours of instruction the district actually
22 provides to the pupil divided by the number of hours
specified in
23 subdivision (q) for full-time equivalency. For the purposes
of
24 this subdivision, a district shall be considered to be
providing
25 appropriate instruction if all of the following are met:
26 (i) The district provides at least 2 nonconsecutive hours of
27 instruction per week to the pupil at the pupil's home under
the
1 supervision of a certificated teacher.
2 (ii) The district provides instructional materials,
3 resources, and supplies, except computers, that are comparable
to
4 those otherwise provided in the district's alternative
education
5 program.
6 (iii) Course content is comparable to that in the district's
7 alternative education program.
8 (iv) Credit earned is awarded to the pupil and placed on the
9 pupil's transcript.
10 (v) A pupil enrolled in an alternative or disciplinary
11 education program described in section 25 shall be counted in
12 membership in the district or public school academy that
expelled
13 the pupil.
14 (w) If a pupil was enrolled in a public school academy on the
15 pupil membership count day, if the public school academy's
16 contract with its authorizing body is revoked, and if the
pupil
17 enrolls in a district within 45 days after the pupil
membership
18 count day, the department shall adjust the district's pupil
count
19 for the pupil membership count day to include the pupil in
the
20 count.
21 (x) For a public school academy that has been in operation
22 for at least 2 years and that suspended operations for at
least 1
23 semester and is resuming operations, membership is the sum of
the
24 product of .8 times the number of full-time equated pupils in
25 grades K to 12 actually enrolled and in regular daily
attendance
26 on the first pupil membership count day or supplemental count
27 day, whichever is first, occurring after operations resume,
plus
1 the product of .2 times the final audited count from the most
2 recent pupil membership count day or supplemental count day
that
3 occurred before suspending operations, as determined by the
4 superintendent.
5 (y) If a district's membership for a particular fiscal year,
6 as otherwise calculated under this subsection, would be less
than
7 1,550 pupils and the district has 4.5 or fewer pupils per
square
8 mile, as determined by the department, the district's
membership
9 shall be considered to be the membership figure calculated
under
10 this subdivision. However, beginning in 2003-2004, this
11 subdivision applies only to districts located in the Lower
12 Peninsula. If a district educates and counts in its
membership
13 pupils in grades 9 to 12 who reside in a contiguous district
that
14 does not operate grades 9 to 12 and if 1 or both of the
affected
15 districts request the department to use the determination
allowed
16 under this sentence, the department shall include the square
17 mileage of both districts in determining the number of pupils
per
18 square mile for each of the districts for the purposes of
this
19 subdivision. The membership figure calculated under this
20 subdivision is the greater of the following:
21 (i) The average of the district's membership for the
22 3-fiscal-year period ending with that fiscal year, calculated
by
23 adding the district's actual membership for each of those 3
24 fiscal years, as otherwise calculated under this subsection,
and
25 dividing the sum of those 3 membership figures by 3.
26 (ii) The district's actual membership for that fiscal year as
27 otherwise calculated under this subsection.
1 (z) If a public school academy that is not in its first or
2 second year of operation closes at the end of a school year
and
3 does not reopen for the next school year, the department shall
4 adjust the membership count of the district in which a former
5 pupil of the public school academy enrolls and is in regular
6 daily attendance for the next school year to ensure that the
7 district receives the same amount of membership aid for the
pupil
8 as if the pupil were counted in the district on the
supplemental
9 count day of the preceding school year.
10 (aa) A pupil receiving all or a majority of his or her
11 instruction through a distance learning program operated by a
12 district may be counted in membership as a full-time pupil in
13 that district if all of the following are met:
14 (i) The pupil is unable to attend school on a regular basis.
15 (ii) The amount and content of the instruction the pupil is
16 receiving through the distance learning program is
substantially
17 equivalent to the amount and content of instruction the pupil
18 would receive if he or she were in attendance at school in
the
19 district.
20 (iii) The district can track and document the days and hours
21 of distance learning instruction provided to the pupil and
can
22 verify the pupil's identity during his or her participation
in
23 the distance learning instruction.
24 (iv) The number of pupils the district counts in membership
25 under this section does not exceed 5% of the district's total
26 membership.
27 (5) "Public school academy" means a public school academy or
1 strict discipline academy operating under the revised school
2 code.
3 (6) "Pupil" means a person in membership in a public school.
4 A district must have the approval of the pupil's district of
5 residence to count the pupil in membership, except approval by
6 the pupil's district of residence shall not be required for
any
7 of the following:
8 (a) A nonpublic part-time pupil enrolled in grades 1 to 12 in
9 accordance with section 166b.
10 (b) A pupil receiving 1/2 or less of his or her instruction
11 in a district other than the pupil's district of residence.
12 (c) A pupil enrolled in a public school academy or university
13 school.
14 (d) A pupil enrolled in a district other than the pupil's
15 district of residence under an intermediate district schools
of
16 choice pilot program as described in section 91a or former
17 section 91 if the intermediate district and its constituent
18 districts have been exempted from section 105.
19 (e) A pupil enrolled in a district other than the pupil's
20 district of residence but within the same intermediate
district
21 if the educating district enrolls nonresident pupils in
22 accordance with section 105.
23 (f) A pupil enrolled in a district other than the pupil's
24 district of residence if the pupil has been continuously
enrolled
25 in the educating district since a school year in which the
pupil
26 enrolled in the educating district under section 105 or 105c
and
27 in which the educating district enrolled nonresident pupils
in
1 accordance with section 105 or 105c.
2 (g) A pupil who has made an official written complaint or
3 whose parent or legal guardian has made an official written
4 complaint to law enforcement officials and to school officials
of
5 the pupil's district of residence that the pupil has been the
6 victim of a criminal sexual assault or other serious assault,
if
7 the official complaint either indicates that the assault
occurred
8 at school or that the assault was committed by 1 or more other
9 pupils enrolled in the school the pupil would otherwise attend
in
10 the district of residence or by an employee of the district
of
11 residence. A person who intentionally makes a false report of
a
12 crime to law enforcement officials for the purposes of this
13 subdivision is subject to section 411a of the Michigan penal
14 code, 1931 PA 328, MCL 750.411a, which provides criminal
15 penalties for that conduct. As used in this subdivision:
16 (i) "At school" means in a classroom, elsewhere on school
17 premises, on a school bus or other school-related vehicle, or
at
18 a school-sponsored activity or event whether or not it is
held on
19 school premises.
20 (ii) "Serious assault" means an act that constitutes a felony
21 violation of chapter XI of the Michigan penal code, 1931 PA
328,
22 MCL 750.81 to 750.90g, or that constitutes an assault and
23 infliction of serious or aggravated injury under section 81a
of
24 the Michigan penal code, 1931 PA 328, MCL 750.81a.
25 (h) A pupil enrolled in a district located in a contiguous
26 intermediate district, as described in section 105c, if the
27 educating district enrolls those nonresident pupils in
accordance
1 with section 105c.
2 (i) A pupil whose district of residence changed after the
3 pupil membership count day and before the supplemental count
day
4 and who continues to be enrolled on the supplemental count day
as
5 a nonresident in the district in which he or she was enrolled
as
6 a resident on the pupil membership count day of the same
school
7 year.
8 (j) A pupil enrolled in an alternative education program
9 operated by a district other than his or her district of
10 residence who meets 1 or more of the following:
11 (i) The pupil has been suspended or expelled from his or her
12 district of residence for any reason, including, but not
limited
13 to, a suspension or expulsion under section 1310, 1311, or
1311a
14 of the revised school code, MCL 380.1310, 380.1311, and
15 380.1311a.
16 (ii) The pupil had previously dropped out of school.
17 (iii) The pupil is pregnant or is a parent.
18 (iv) The pupil has been referred to the program by a court.
19 (k) A pupil enrolled in the Michigan virtual high school, for
20 the pupil's enrollment in the Michigan virtual high school.
21 However, if a district that is not a first class district
22 educates pupils who reside in a first class district and if
the
23 primary instructional site for those pupils is located within
the
24 boundaries of the first class district, the educating
district
25 must have the approval of the first class district to count
those
26 pupils in membership. As used in this subsection, "first
class
27 district" means a district organized as a school district of
the
1 first class under the revised school code.
2 (7) "Pupil membership count day" of a district or
3 intermediate district means:
4 (a) Except as provided in subdivision (b), the fourth
5 Wednesday in September each school year.
6 (b) For a district or intermediate district maintaining
7 school during the entire school year, the following days:
8 (i) Fourth Wednesday in July.
9 (ii) Fourth Wednesday in September.
10 (iii) Second Wednesday in February.
11 (iv) Fourth Wednesday in April.
12 (8) "Pupils in grades K to 12 actually enrolled and in
13 regular daily attendance" means pupils in grades K to 12 in
14 attendance and receiving instruction in all classes for which
15 they are enrolled on the pupil membership count day or the
16 supplemental count day, as applicable. A pupil who is absent
17 from any of the classes in which the pupil is enrolled on the
18 pupil membership count day or supplemental count day and who
does
19 not attend each of those classes during the 10 consecutive
school
20 days immediately following the pupil membership count day or
21 supplemental count day, except for a pupil who has been
excused
22 by the district, shall not be counted as 1.0 full-time
equated
23 membership. In addition, a pupil who is excused from
attendance
24 on the pupil membership count day or supplemental count day
and
25 who fails to attend each of the classes in which the pupil is
26 enrolled within 30 calendar days after the pupil membership
count
27 day or supplemental count day shall not be counted as 1.0
1 full-time equated membership. Pupils not counted as 1.0
2 full-time equated membership due to an absence from a class
shall
3 be counted as a prorated membership for the classes the pupil
4 attended. For purposes of this subsection, "class" means a
5 period of time in 1 day when pupils and a certificated teacher
or
6 legally qualified substitute teacher are together and
instruction
7 is taking place.
8 (9) "Rule" means a rule promulgated pursuant to the
9 administrative procedures act of 1969, 1969 PA 306, MCL 24.201
to
10 24.328.
11 (10) "The revised school code" means 1976 PA 451, MCL 380.1
12 to 380.1852.
13 (11) "School fiscal year" means a fiscal year that commences
14 July 1 and continues through June 30.
15 (12) "State board" means the state board of education.
16 (13) "Superintendent", unless the context clearly refers to a
17 district or intermediate district superintendent, means the
18 superintendent of public instruction described in section 3
of
19 article VIII of the state constitution of 1963.
20 (14) "Supplemental count day" means the day on which the
21 supplemental pupil count is conducted under section 6a.
22 (15) "Tuition pupil" means a pupil of school age attending
23 school in a district other than the pupil's district of
residence
24 for whom tuition may be charged. Tuition pupil does not
include
25 a pupil who is a special education pupil or a pupil described
in
26 subsection (6)(d) to (k). A pupil's district of residence
shall
27 not require a high school tuition pupil, as provided under
1 section 111, to attend another school district after the pupil
2 has been assigned to a school district.
3 (16) "State school aid fund" means the state school aid fund
4 established in section 11 of article IX of the state
constitution
5 of 1963.
6 (17) "Taxable value" means the taxable value of property as
7 determined under section 27a of the general property tax act,
8 1893 PA 206, MCL 211.27a.
9 (18) "Total state aid" or "total state school aid" means the
10 total combined amount of all funds due to a district,
11 intermediate district, or other entity under all of the
12 provisions of this act.
13 (19) "University school" means an instructional program
14 operated by a public university under section 23 that meets
the
15 requirements of section 23.
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