SENATE BILL NO. 380
June 08, 2023, Introduced by Senator BELLINO and referred to the Committee on Education.
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending section 101 (MCL 388.1701), as amended by 2022 PA 144.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 101. (1) To be eligible to receive state aid under this
2 article, not later than the fifth Wednesday after the pupil
3 membership count day and not later than the fifth Wednesday after
4 the supplemental count day, each district superintendent shall
5 submit and certify to the center and the intermediate
6 superintendent, in the form and manner prescribed by the center,
7 the number of pupils enrolled and in regular daily attendance,
RMW 02504'23
 2
1 including identification of tuition-paying pupils, in the district
2 as of the pupil membership count day and as of the supplemental
3 count day, as applicable, for the current school year. In addition,
4 a district maintaining school during the entire year shall submit
5 and certify to the center and the intermediate superintendent, in
6 the form and manner prescribed by the center, the number of pupils
7 enrolled and in regular daily attendance in the district for the
8 current school year pursuant to rules promulgated by the
9 superintendent. Not later than the sixth Wednesday after the pupil
10 membership count day and not later than the sixth Wednesday after
11 the supplemental count day, the district shall resolve any pupil
12 membership conflicts with another district, correct any data
13 issues, and recertify the data in a form and manner prescribed by
14 the center and file the certified data with the intermediate
15 superintendent. If a district fails to submit and certify the
16 attendance data, as required under this subsection, the center
17 shall notify the department and the department shall withhold state
18 aid due to be distributed under this article from the defaulting
19 district immediately, beginning with the next payment after the
20 failure and continuing with each payment until the district
21 complies with this subsection. If a district does not comply with
22 this subsection by the end of the fiscal year, the district
23 forfeits the amount withheld. A person who willfully falsifies a
24 figure or statement in the certified and sworn copy of enrollment
25 is subject to penalty as prescribed by section 161.
26 (2) To be eligible to receive state aid under this article,
27 not later than the twenty-fourth Wednesday after the pupil
28 membership count day and not later than the twenty-fourth Wednesday
29 after the supplemental count day, an intermediate district shall
RMW 02504'23
 3
1 submit to the center, in a form and manner prescribed by the
2 center, the audited enrollment and attendance data as described in
3 subsection (1) for the pupils of its constituent districts and of
4 the intermediate district. If an intermediate district fails to
5 submit the audited data as required under this subsection, the
6 department shall withhold state aid due to be distributed under
7 this article from the defaulting intermediate district immediately,
8 beginning with the next payment after the failure and continuing
9 with each payment until the intermediate district complies with
10 this subsection. If an intermediate district does not comply with
11 this subsection by the end of the fiscal year, the intermediate
12 district forfeits the amount withheld.
13 (3) Except as otherwise provided in subsections (11) and (12)
14 all of the following apply to the provision of pupil instruction:
15 (a) Except as otherwise provided in this section, each
16 district shall provide at least 1,098 hours and 180 days of pupil
17 instruction. If a collective bargaining agreement that provides a
18 complete school calendar was in effect for employees of a district
19 as of June 24, 2014, and if that school calendar is not in
20 compliance with this subdivision, then this subdivision does not
21 apply to that district until after the expiration of that
22 collective bargaining agreement. A district may apply for a waiver
23 under subsection (9) from the requirements of this subdivision.
24 (b) Except as otherwise provided in this article, a district
25 failing that fails to comply with the required minimum hours and
26 days of pupil instruction under this subsection forfeits from its
27 total state aid allocation an amount determined by applying a ratio
28 of the number of hours or days the district was in noncompliance in
29 relation to the required minimum number of hours and days under
RMW 02504'23
 4
1 this subsection. Not later than the first business day in August,
2 the board of each district shall either certify to the department
3 that the district was in full compliance with this section
4 regarding the number of hours and days of pupil instruction in the
5 previous school year, or report to the department, in a form and
6 manner prescribed by the center, each instance of noncompliance. If
7 the district did not provide at least the required minimum number
8 of hours and days of pupil instruction under this subsection, the
9 department shall make the deduction of state aid in the following
10 fiscal year from the first payment of state school aid. A district
11 is not subject to forfeiture of funds under this subsection for a
12 fiscal year in which a forfeiture was already imposed under
13 subsection (6).
14 (c) Hours or days lost because of strikes or teachers'
15 conferences are not counted as hours or days of pupil instruction.
16 (d) Except as otherwise provided in subdivisions (e) and (f),
17 if a district does not have at least 75% of the district's
18 membership in attendance on any day of pupil instruction, the
19 department shall pay the district state aid in that proportion of
20 1/180 that the actual percent of attendance bears to 75%.
21 (e) If a district adds 1 or more days of pupil instruction to
22 the end of its instructional calendar for a school year to comply
23 with subdivision (a) because the district otherwise would fail to
24 provide the required minimum number of days of pupil instruction
25 even after the operation of subsection (4) due to conditions not
26 within the control of school authorities, then subdivision (d) does
27 not apply for any day of pupil instruction that is added to the end
28 of the instructional calendar. Instead, for any of those days, if
29 the district does not have at least 60% of the district's
RMW 02504'23
 5
1 membership in attendance on that day, the department shall pay the
2 district state aid in that proportion of 1/180 that the actual
3 percentage of attendance bears to 60%. For any day of pupil
4 instruction added to the instructional calendar as described in
5 this subdivision, the district shall report to the department the
6 percentage of the district's membership that is in attendance, in
7 the form and manner prescribed by the department.
8 (f) At the request of a district that operates a department-
9 approved alternative education program and that does not provide
10 instruction for pupils in all of grades K to 12, the superintendent
11 shall grant a waiver from the requirements of subdivision (d). The
12 waiver must provide that an eligible district is subject to the
13 proration provisions of subdivision (d) only if the district does
14 not have at least 50% of the district's membership in attendance on
15 any day of pupil instruction. In order to To be eligible for this
16 waiver, a district must maintain records to substantiate its
17 compliance with the following requirements:
18 (i) The district offers the minimum hours of pupil instruction
19 as required under this section.
20 (ii) For each enrolled pupil, the district uses appropriate
21 academic assessments to develop an individual education plan that
22 leads to a high school diploma.
23 (iii) The district tests each pupil to determine academic
24 progress at regular intervals and records the results of those
25 tests in that pupil's individual education plan.
26 (g) All of the following apply to a waiver granted under
27 subdivision (f):
28 (i) If the waiver is for a blended model of delivery, a waiver
29 that is granted for the 2011-2012 fiscal year or a subsequent
RMW 02504'23
 6
1 fiscal year remains in effect unless it is revoked by the
2 superintendent.
3 (ii) If the waiver is for a 100% online model of delivery and
4 the educational program for which the waiver is granted makes
5 educational services available to pupils for a minimum of at least
6 1,098 hours during a school year and ensures that each pupil
7 participates in the educational program for at least 1,098 hours
8 during a school year, a waiver that is granted for the 2011-2012
9 fiscal year or a subsequent fiscal year remains in effect unless it
10 is revoked by the superintendent.
11 (iii) A waiver that is not a waiver described in subparagraph
12 (i) or (ii) is valid for 3 fiscal years, unless it is revoked by the
13 superintendent, and must be renewed at the end of the 3-year period
14 to remain in effect.
15 (h) The superintendent shall promulgate rules for the
16 implementation of this subsection.
17 (4) All of the following apply to days and hours of pupil
18 instruction:
19 (a) Except as otherwise provided in this subsection, the first
20 6 days or and the equivalent number of hours for which pupil
21 instruction is not provided because of conditions not within the
22 control of school authorities, such as severe storms, fires,
23 epidemics, utility power unavailability, water or sewer failure, or
24 health conditions as defined by the city, county, or state health
25 authorities, are counted as hours and days of pupil instruction.
26 (b) With In addition to the 6 days and the equivalent number
27 of hours under subdivision (a) and in addition to the hours and
28 days counted as hours and days of pupil instruction for the
29 purposes of this section by the department under subdivision (c),
RMW 02504'23
 7
1 with the approval of the superintendent of public instruction, the
2 department shall count as hours and days of pupil instruction for a
3 fiscal year not more than 3 additional days or and the equivalent
4 number of additional hours for which pupil instruction is not
5 provided in a district due to unusual and extenuating occurrences
6 resulting from conditions not within the control of school
7 authorities such as those conditions described in this subsection.
8 (c) Beginning with the 2022-2023 school year, if a district
9 has used the 6 days and the equivalent number of hours under
10 subdivision (a) or the 3 additional days and equivalent number of
11 hours under subdivision (b), the department shall count as hours
12 and days of pupil instruction, in addition to those days described
13 in subdivisions (a) and (b), any day in which pupil instruction is
14 not provided due to a ransomware attack. As used in this
15 subdivision, "ransomware attack" means an incident that causes a
16 district to shut down due to the network being disconnected from
17 the internet and phones and fire alarm systems not operating. A
18 ransomware attack includes, but is not limited to, any of the
19 following types of attacks:
20 (i) Crypto ransomware or encryptors.
21 (ii) Lockers.
22 (iii) Scareware.
23 (iv) Doxware or leakware.
24 (v) Ransomware as a service.
25 (d) Subsequent Other than hours and days under this
26 subsection, subsequent such hours or days are not counted as hours
27 or days of pupil instruction.
28 (5) A district does not forfeit part of its state aid
29 appropriation because it adopts or has in existence an alternative
RMW 02504'23
 8
1 scheduling program for pupils in kindergarten if the program
2 provides at least the number of hours required under subsection (3)
3 for a full-time equated membership for a pupil in kindergarten as
4 provided under section 6(4).
5 (6) In addition to any other penalty or forfeiture under this
6 section, if at any time the department determines that 1 or more of
7 the following have occurred in a district, the district forfeits in
8 the current fiscal year beginning in the next payment to be
9 calculated by the department a proportion of the funds due to the
10 district under this article that is equal to the proportion below
11 the required minimum number of hours and days of pupil instruction
12 under subsection (3), as specified in the following:
13 (a) The district fails to operate its schools for at least the
14 required minimum number of hours and days of pupil instruction
15 under subsection (3) in a school year, including hours and days
16 counted under subsection (4).
17 (b) The board of the district takes formal action not to
18 operate its schools for at least the required minimum number of
19 hours and days of pupil instruction under subsection (3) in a
20 school year, including hours and days counted under subsection (4).
21 (7) In providing the minimum number of hours and days of pupil
22 instruction required under subsection (3), a district shall use the
23 following guidelines, and a district shall maintain records to
24 substantiate its compliance with the following guidelines:
25 (a) Except as otherwise provided in this subsection, a pupil
26 must be scheduled for at least the required minimum number of hours
27 of instruction, excluding study halls, or at least the sum of 90
28 hours plus the required minimum number of hours of instruction,
29 including up to 2 study halls.
RMW 02504'23
 9
1 (b) The time a pupil is assigned to any tutorial activity in a
2 block schedule may be considered instructional time, unless that
3 time is determined in an audit to be a study hall period.
4 (c) Except as otherwise provided in this subdivision, a pupil
5 in grades 9 to 12 for whom a reduced schedule is determined to be
6 in the individual pupil's best educational interest must be
7 scheduled for a number of hours equal to at least 80% of the
8 required minimum number of hours of pupil instruction to be
9 considered a full-time equivalent pupil. A pupil in grades 9 to 12
10 who is scheduled in a 4-block schedule may receive a reduced
11 schedule under this subsection if the pupil is scheduled for a
12 number of hours equal to at least 75% of the required minimum
13 number of hours of pupil instruction to be considered a full-time
14 equivalent pupil.
15 (d) If a pupil in grades 9 to 12 who is enrolled in a
16 cooperative education program or a special education pupil cannot
17 receive the required minimum number of hours of pupil instruction
18 solely because of travel time between instructional sites during
19 the school day, that travel time, up to a maximum of 3 hours per
20 school week, is considered to be pupil instruction time for the
21 purpose of determining whether the pupil is receiving the required
22 minimum number of hours of pupil instruction. However, if a
23 district demonstrates to the satisfaction of the department that
24 the travel time limitation under this subdivision would create
25 undue costs or hardship to the district, the department may
26 consider more travel time to be pupil instruction time for this
27 purpose.
28 (e) In grades 7 through to 12, instructional time that is part
29 of a Junior Reserve Officer Training Corps (JROTC) program is
RMW 02504'23
 10
1 considered to be pupil instruction time regardless of whether the
2 instructor is a certificated teacher if all of the following are
3 met:
4 (i) The instructor has met all of the requirements established
5 by the United States Department of Defense and the applicable
6 branch of the armed services for serving as an instructor in the
7 Junior Reserve Officer Training Corps program.
8 (ii) The board of the district or intermediate district
9 employing or assigning the instructor complies with the
10 requirements of sections 1230 and 1230a of the revised school code,
11 MCL 380.1230 and 380.1230a, with respect to the instructor to the
12 same extent as if employing the instructor as a regular classroom
13 teacher.
14 (8) Except as otherwise provided in subsections (11) and (12),
15 the department shall apply the guidelines under subsection (7) in
16 calculating the full-time equivalency of pupils.
17 (9) Upon application by the district for a particular fiscal
18 year, the superintendent shall waive for a district the minimum
19 number of hours and days of pupil ins