Bill Summary – FastDemocracy

HOUSE BILL NO. 6292
     December 13, 2024, Introduced by Rep. Cavitt 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 3, 6, 20, 105, 105c, and 111 (MCL 388.1603,
1606, 388.1620, 388.1705, 388.1705c, and 388.1711), section 3
    as amended by 2023 PA 103, section 6 as amended by 2023 PA 320,
    section 20 as amended by 2024 PA 120, sections 105 and 105c as
    amended by 2021 PA 48, and section 111 as amended by 1997 PA 93,
    and by adding section 105d.
                     THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 3. (1) "Average daily attendance", for the purposes of
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 complying with federal law, means 92% of the pupils counted in
 membership on the pupil membership count day, as defined in section
 6(7).
         (2) "Board" means the governing body of a district or public
 school academy.
         (3) "Center" means the center for educational performance and
 information created in section 94a.
         (4) "Community district" means a school district organized
 under part 5b of the revised school code, MCL 380.381 to 380.396.
         (5) "Cooperative education program" means a written voluntary
 agreement between and among districts to provide certain
 educational programs for pupils in certain groups of districts. The
 written agreement must be approved by all affected districts at
 least annually and must specify the educational programs to be
 provided and the estimated number of pupils from each district who
 will participate in the educational programs.
         (6) "Department", except as otherwise provided in this
 article, means the department of education.
         (7) "District" means, except as otherwise specifically
 provided in this act, a local school district established under the
 revised school code or, except in sections 6(4), 6(6), 11x, 11y,
 11aa, 12c, 13, 20, 22a, 22p, 27l, 31a, 51a(14), 105, 105c, 105d, and
 166b, a public school academy. Except in section 20, district also
 includes a community district.
         (8) "District of residence", except as otherwise provided in
 this subsection, means the district in which a pupil's custodial
 parent or parents or legal guardian resides. For a pupil described
 in section 24b, the pupil's district of residence is the district
 in which the pupil enrolls under that section. For a pupil
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 described in section 6(4)(d), the pupil's district of residence is
 considered to be the district or intermediate district in which the
 pupil is counted in membership under that section. For a pupil
 under court jurisdiction who is placed outside the district in
 which the pupil's custodial parent or parents or legal guardian
 resides, the pupil's district of residence is considered to be the
 educating district or educating intermediate district.
       (9) "District superintendent" means the superintendent of a
 district or the chief administrator of a public school academy.
       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
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 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
 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. 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
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 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. Except as otherwise
 provided in this subsection, an individual pupil must 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.
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       (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. Beginning
 July 1, 2021, this subdivision is subject to section 8c. It is the
 intent of the legislature that the immediately preceding sentence
 apply retroactively and is effective July 1, 2021. For the purposes
 of this subdivision, for a pupil enrolled in a cyber school, all of
 the following apply with regard to the participation requirement as
 described in this subdivision:
       (i) Except as otherwise provided in this subdivision, the pupil
 shall participate in each scheduled course on pupil membership
 count day or supplemental count day, as applicable. If the pupil is
 absent on pupil membership count day or supplemental count day, as
 applicable, the pupil must attend and participate in class during
 the next 10 consecutive school days if the absence was unexcused,
 or during the next 30 calendar days if the absence was excused.
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       (ii) For a pupil who is not learning sequentially, 1 or more of
 the following must be met on pupil membership count day or
 supplemental count day, as applicable, for each scheduled course to
 satisfy the participation requirement under this subdivision:
       (A) The pupil attended a live lesson from the teacher.
       (B) The pupil logged into a lesson or lesson activity and the
 login can be documented.
       (C) The pupil and teacher engaged in a subject-oriented
 telephone conversation.
       (D) There is documentation of an email dialogue between the
 pupil and teacher.
       (E) There is documentation of activity or work between the
 learning coach and pupil.
       (F) An alternate form of attendance as determined and agreed
 upon by the cyber school and the pupil membership auditor was met.
       (iii) For a pupil using sequential learning, the participation
 requirement under this subdivision is satisfied if either of the
 following occurs:
       (A) Except as otherwise provided in this sub-subparagraph, the
 pupil and the teacher of record or mentor complete a 2-way
 interaction for 1 course during the week on which pupil membership
 count day or supplemental count day, as applicable, occurs, and the
 3 consecutive weeks following that week. However, if a school break
 is scheduled during any of the weeks described in this sub-
 subparagraph that is 4 or more days in length or instruction has
 been canceled districtwide during any of the weeks described in
 this sub-subparagraph for 3 or more school days, the district is
 not required to ensure that the pupil and the teacher of record or
 mentor completed a 2-way interaction for that week. As used in this
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 sub-subparagraph:
       (I) "2-way interaction" means the communication that occurs
 between the teacher of record or mentor and pupil, where 1 party
 initiates communication and a response from the other party follows
 that communication. Responses as described in this sub-sub-
 subparagraph must be to the communication initiated by the teacher
 of record or mentor, and not some other action taken. This
 interaction may occur through, but is not limited to, means such as
 email, telephone, instant messaging, or face-to-face conversation.
 A parent- or legal-guardian-facilitated 2-way interaction is
 considered a 2-way interaction if the pupil is in any of grades K
 to 5 and does not yet possess the skills necessary to participate
 in 2-way interactions unassisted. The interactions described in
 this sub-sub-subparagraph must relate to a virtual course on the
 pupil's schedule and pertain to course content or progress.
       (II) "Mentor" means a professional employee of the district
 who monitors the pupil's progress, ensures the pupil has access to
 needed technology, is available for assistance, and ensures access
 to the teacher of record. A mentor may also be the teacher of
 record if the mentor meets the definition of a teacher of record
 under this sub-subparagraph and the district is the provider for
 the course.
       (III) "Teacher of record" means a teacher to whom all of the
 following apply:
       (1) The teacher is responsible for providing instruction,
 determining instructional methods for each pupil, diagnosing
 learning needs, assessing pupil learning, prescribing intervention
 strategies and modifying lessons, reporting outcomes, and
 evaluating the effects of instruction and support strategies. The
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 teacher of record may coordinate the distribution and assignment of
 the responsibilities described in this sub-sub-sub-subparagraph
 with other teachers participating in the instructional process for
 a course.
       (2) The teacher is certified for the grade level or is working
 under a valid substitute permit, authorization, or approval issued
 by the department.
       (3) The teacher has a personnel identification code provided
 by the center.
       (IV) "Week" means a period that starts on Wednesday and ends
 the following Tuesday.
       (B) The pupil completes a combination of 1 or more of the
 following activities for each scheduled course on pupil membership
 count day or supplemental count day, as applicable:
       (I) Documented attendance in a virtual course where
 synchronous, live instruction occurred with the teacher.
       (II) Documented completion of a course assignment.
       (III) Documented completion of a course lesson or lesson
 activity.
       (IV) Documented pupil access to an ongoing lesson, which does
 not include a login.
       (V) Documented physical attendance on pupil membership count
 day or supplemental count day, as applicable, in each scheduled
 course, if the pupil will attend at least 50% of the instructional
 time for each scheduled course on-site, face-to-face with the
 teacher of record. As used in this sub-sub-subparagraph, "teacher
 of record" means that term as defined in subparagraph (iii)(A).
       (iv) For purposes of subparagraph (iii), each scheduled course
 currently being attempted by the pupil, rather than every course on
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 the pupil's schedule for the entire term, is considered a part of
 each scheduled course for the pupil.
       (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 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.
       (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