Bill Summary – FastDemocracy

HOUSE BILL NO. 5926
     September 11, 2024, Introduced by Reps. DeBoer, Jaime Greene, Martin and Johnsen and referred
        to the Committee on Government Operations.
           A bill to amend 1979 PA 94, entitled
    "The state school aid act of 1979,"
    by amending sections 11, 31aa, and 99h (MCL 388.1611, 388.1631aa,
    and 388.1699h), as amended by 2024 PA 120, and by adding section
    97h.
                     THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
        Sec. 11. (1) For the fiscal year ending September 30, 2024,
 there is appropriated for the public schools of this state and
 certain other state purposes relating to education the sum of
 $18,418,357,800.00 from the state school aid fund, the sum of
 $87,900,000.00 from the general fund, an amount not to exceed
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 $72,000,000.00 from the community district education trust fund
 created under section 12 of the Michigan trust fund act, 2000 PA
 489, MCL 12.262, an amount not to exceed $245,000,000.00 from the
 school consolidation and infrastructure fund created under section
 11x, an amount not to exceed $125,000,000.00 from the school
 transportation fund created under section 22k, an amount not to
 exceed $71,000,000.00 from the enrollment stabilization fund
 created under section 29, an amount not to exceed $90,000,000.00
 from the school meals reserve fund created under section 30e, an
 amount not to exceed $18,000,000.00 from the great start readiness
 program reserve fund created under section 32e, and an amount not
 to exceed $240,650,000.00 from the MPSERS retirement obligation
 reform reserve fund created under section 147b. For the fiscal year
 ending September 30, 2025, there is appropriated for the public
 schools of this state and certain other state purposes relating to
 education the sum of $17,643,551,300.00 $17,646,801,300.00 from the
 state school aid fund, the sum of $78,830,600.00 $380,330,600.00
 from the general fund, an amount not to exceed $41,000,000.00 from
 the community district education trust fund created under section
 12 of the Michigan trust fund act, 2000 PA 489, MCL 12.262, an
 amount not to exceed $125,000,000.00 from the school transportation
 fund created under section 22k, an amount not to exceed
 $71,000,000.00 from the enrollment stabilization fund created under
 section 29, an amount not to exceed $30,000,000.00 from the school
 meals reserve fund created under section 30e, an amount not to
 exceed $18,000,000.00 from the great start readiness program
 reserve fund created under section 32e, an amount not to exceed
 $334,100,000.00 from the MPSERS retirement obligation reform
 reserve fund created under section 147b, and an amount not to
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 exceed $30,000,000.00 from the educator fellowship public provider
 fund created in section 27d. In addition, all available federal
 funds are only appropriated as allocated in this article for the
 fiscal years year ending September 30, 2024 and September 30, 2025.
       (2) The appropriations under this section are allocated as
 provided in this article. Money appropriated under this section
 from the general fund must be expended to fund the purposes of this
 article before the expenditure of money appropriated under this
 section from the state school aid fund.
       (3) Any general fund allocations under this article that are
 not expended by the end of the fiscal year are transferred to the
 school aid stabilization fund created under section 11a.
       Sec. 31aa. (1) From the state school aid fund money
 appropriated in section 11, there is allocated $25,000,000.00 for
 2024-2025, and from the general fund money appropriated in section
 11, there is allocated $1,500,000.00 $303,000,000.00 for 2024-2025
 only, to provide payments to districts, intermediate districts,
 nonpublic schools, and the Michigan Schools for the Deaf and Blind
 that opt in and agree to receive funding under this section, for
 activities to improve student mental health and improve student
 safety. Fifty percent of the funds allocated under this section
 must be used for school safety purposes, including, but not limited
 to, school resource officers. The allowable expenditures of funds
 under this section are as follows: include, but are not limited to,
 the following:
       (a) Hiring or contracting for support staff for student mental
 health needs, including, but not limited to, school psychologists,
 social workers, counselors, and school nurses.
       (b) Purchasing and implementing mental health screening tools.
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       (c) Purchasing a statewide, integrated technology platform,
 such as bhworks, that streamlines behavioral health documentation
 and care coordination.
       (d) Providing school-based mental health personnel access to
 consultation with behavioral health clinicians to respond to
 complex student mental health needs.
       (e) Purchasing and implementing an online behavioral health
 tool moderated and led by licensed behavioral health professionals.
       (f) Hiring or contracting a behavioral health coordinator.
       (g) Evidence-based trainings to support mental health.
       (h) Costs associated with collaboration between school
 employees, families, and community partners to address the
 academic, behavioral, and social needs of all students through
 collaborative partnerships, resource coordination, data collection,
 and data sharing.
       (i) Costs associated with conducting a systematic school
 mental health needs assessment and resource mapping that identifies
 programmatic and systemic needs and helps staff determine
 priorities and create action plans.
       (j) Any other mental health service or product necessary to
 improve or maintain the mental health of students and staff.
       (k) (j) Coordination with local law enforcement.
       (l) (k) Training for school staff on threat assessment.
       (m) (l) Training for school staff and students on threat
 response.
       (n) (m) Training for school staff on crisis communication.
       (o) (n) Safety infrastructure, including, but not limited to,
 cameras, door blocks, hardened vestibules, window screening, and
 technology necessary to operate buzzer systems. This may also
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 include firearm detection software that integrates to existing
 security cameras to detect and alert school personnel and first
 responders to visible firearms on school property. The software
 described in the immediately preceding sentence must be organically
 developed and proprietary to the company it is purchased from and
 should not include any third-party or open-source data.
       (p) (o) Age-appropriate training for students and families on
 responsible firearm ownership, including safe handling and safe
 storage of firearms.
       (q) (p) School resource officers.
       (r) Any other school safety service or product necessary to
 improve or maintain security in buildings.
       (s) (q) Student Safety Management System, the information
 technology platform and related services to improve student safety
 by mitigating cyberbullying, school violence, human trafficking,
 and self-harm that supports students from grades K to 12.
       (t) (r) A secure platform, administered by the department of
 state police, for school officials, emergency responders, and
 emergency management coordinators to house all school safety-
 related items, including, but not limited to, EOP templates, EOP
 guidance, reference documents, and security assessments. The
 platform should use existing password-protected access control
 methods schools currently utilize and, to the extent possible, be
 capable of integrating with existing platforms or technologies used
 by districts for school safety. Through permissions-based access
 control, the platform should be able to relay information clearly
 and in real time to each person or entity necessary to provide a
 unified response to a safety incident, or to take appropriate
 action in response to an anticipated disruption to the normal
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 functions of the surrounding community.
       (u) (s) Emergency infrastructure needs to respond to an
 immediate threat to the health or safety of students and staff in
 the district, intermediate district, nonpublic school, or the
 Michigan Schools for the Deaf and Blind. A district, intermediate
 district, nonpublic school, or the Michigan Schools for the Deaf
 and Blind shall not expend funds for this purpose without first
 obtaining approval from the department. In making a determination
 of approval, the department shall, at a minimum, assess whether the
 district, intermediate district, nonpublic school, or the Michigan
 Schools for the Deaf and Blind is responding to an immediate threat
 to the health or safety of students and staff, and whether the
 district, intermediate district, nonpublic school, or the Michigan
 Schools for the Deaf and Blind has other sources of funding that
 should be utilized first.
       (v) (t) A contract with a vendor for a comprehensive safety
 and security assessment or a comprehensive safety and security
 event assessment in schools operated by the district, intermediate
 district, nonpublic school, or the Michigan Schools for the Deaf
 and Blind.
       (w) (u) An emergency response system.
       (2) By not later than December 31 of each fiscal year, from
 the state school aid fund money allocated in subsection (1), the
 department shall make payments to districts, intermediate
 districts, and the Michigan Schools for the Deaf and Blind that opt
 in and agree to receive funding in an equal amount per pupil based
 on the total number of pupils in membership in each district,
 intermediate district, and the Michigan Schools for the Deaf and
 Blind that opts in and agrees to receive funding. By December 31 of
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 each fiscal year, from the general fund money allocated in
 subsection (1), the department shall make payments to nonpublic
 schools that opt in and agree to receive funding in an equal amount
 per pupil based on the total number of pupils in membership in each
 nonpublic school that opts in and agrees to receive funding, using
 pupil counts determined by the department. The department shall
 ensure that the amount per pupil paid to nonpublic schools does not
 exceed the amount per pupil paid to districts and intermediate
 districts. Districts, intermediate districts, the Michigan Schools
 for the Deaf and Blind, and nonpublic schools may opt in and agree
 to receive funding in a form and manner determined by the
 department.
       (3) Recipients of funding under this section must provide a
 final expense report to the department by June 1 of each fiscal
 year. If the department determines that the eligible recipient has
 misused the funds allocated under this section, the eligible
 recipient shall reimburse the department for the amount of state
 funding misused.
       (4) Districts receiving funds under this section must
 coordinate with intermediate school districts to avoid duplication
 of services and to streamline delivery of services to students.
       (5) Notwithstanding section 17b, the department shall make
 payments under this section on a schedule determined by the
 department.
       (6) As provided under section 18a, recipients may expend funds
 under this section until the end of the fiscal year immediately
 following the fiscal year in which the funds are received.
       Sec. 97h. (1) From the state school aid fund money
 appropriated in section 11, there is allocated for 2024-2025 only
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 an amount not to exceed $2,000,000.00 to Wayne RESA for the
 operation of the school safety and mental health commission.
       (2) The commission must consist of all of the following
 members who must be appointed by the governor as follows:
       (a) One member from a list of 3 or more names submitted by the
 minority leader of the house of representatives who has experience
 in school mental health.
       (b) One member from a list of 3 or more names submitted by the
 speaker of the house of representatives who has a background in law
 enforcement.
       (c) One member from a list of 3 or more names submitted by the
 speaker of the house of representatives who is a parent.
       (d) One member from a list of 3 or more names submitted by the
 senate minority leader who is a school psychologist or
 psychiatrist.
       (e) One member from a list of 3 or more names submitted by the
 senate majority leader who is a prosecutor.
       (f) One member from a list of 3 or more names submitted by the
 senate majority leader who is a teacher.
       (g) One member who has a background in school administration.
       (h) One member who has experience in school-threat
 assessments.
       (i) One member who has experience in the provision of
 inpatient treatment to children under age 18.
       (3) The director of the department of health and human
 services or the director's designee may be a member of the
 commission. In addition, the following department heads or their
 designees that are from within their respective departments or
 agencies may be nonvoting, ex officio members of the commission:
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       (a) The director of the department of state police.
       (b) The superintendent of public instruction.
       (4) The governor shall appoint 5 of the first members to 2-
 year terms and 4 of the first members to 4-year terms. After the
 first appointments, the term of a member of the commission is 4
 years or until a successor is appointed under subsection (2),
 whichever is later.
       (5) If a vacancy occurs on the commission, an individual must
 be appointed in the same manner as prescribed under subsection (2)
 to fill the vacancy for the balance of the term.
       (6) The governor may remove a member of the commission for
 incompetence, dereliction of duty, malfeasance, or nonfeasance in
 office, or any other good cause.
       (7) The commission shall meet at least quarterly.
       (8) A majority of the members of the commission constitute a
 quorum for transacting business. A vote of the majority of the
 members of the commission serving is required for any action of the
 commission.
       (9) The commission shall conduct its business in compliance
 with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
       (10) A writing that is prepared, owned, used, possessed, or
 retained by the commission in performing an official function is
 subject to the freedom of information act, 1976 PA 442, MCL 15.231
 to 15.246.
       (11) A member of the commission is not entitled to
 compensation for service on the commission, but the commission may
 reimburse a member for actual and necessary expenses incurred in
 serving.
       (12) The commission may do all of the following:
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       (a) Collaborate to provide recommendations to reduce youth
 suicides and strengthen the mental health of school-aged children,
 adolescents, and their families through a comprehensive, statewide
 approach.
       (b) Seek input from educational professionals, mental health
 professionals, and organizations from across this state to suggest
 approaches to identify and support students at risk of behavioral
 health issues.
       (c) Collaborate with the Michigan suicide prevention
 commission on recommendations regarding youth suicide.
       (d) Create and maintain an online community through which best
 practices and resources can be shared, and convene symposiums with
 other relevant commissions, organizations, and professionals.
       (e) Convey recommendations to the department of licensing and
 regulatory affairs and the bureau of construction codes within the
 department of licensing and regulatory affairs concerning building
 construction that is consistent with school safety needs.
       (13) The commission may hire an executive director and staff.
       (14) As used in this section, "commission" means the school
 safety and mental health commission created in subsection (2).
       Sec. 99h. (1) From the state school aid fund money
 appropriated in section 11, there is allocated an amount not to
 exceed $4,723,200.00 $5,973,200.00 for 2024-2025 f