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Legislative News Archive 2004-2005

Legislative Update for the Week Ending July 1, 2005

General Overview

The Senate and House both saw a great deal of activity this past week in preparation of the adjournment for summer recess.  Both the Senate and House adjourned until July 6, however, at this point in time it is reported there will be little if any activity in session on that day.  The next anticipated day of actual session activity is July 13.

This will be the last regular Update until the fall.  Updates on legislative activity will be issued on an "as needed" basis.

Activity

Senate
School Aid - The full Senate approved a House version of SB 279, introduced by Sen. Switalski to make some corrections for the 2004-05 fiscal year.  These modifications include appropriating $41 million in GF for the School Bond Loan Fund, as required by the new SBLF legislation (see below).

School Safety - The full Senate approved a package of bills aimed at creating safer schools by reducing the possibility of criminals working in the school district.  The House is moving a similar package of bills and at some point it will be determined which of these bills will be sent to the governor.  The main difference between the House and Senate package is that the two bills introduced by the Senate that prohibit those listed on the Sex Offender Registry from being within 1000 feet of a school, did not move out of committee.  Below is a brief synopsis of those Senate bills in this package that did move.

SB 247, introduced by Sen. Allen, requires a criminal background check for all persons who are employees or under contract with a school district either full or part time.  It also prohibits the employment of applicants who are convicted of "listed offense" (primarily sex offenses).  It also requires affirmative board action and superintendent approval to hire and assign an individual who has been convicted of a felony that is not a "listed offense."

SB 601, introduced by Sen. Van Woerkom, prohibits individuals convicted of certain crimes from being employed by a school district.

SB 609, introduced by Sen. Kuipers, modifies the Teacher Tenure Act to coincide with changes made under SB 610.

SB 610, introduced by Sen. Kuipers, requires a school district to put an individual's wages in escrow if that individual is convicted of a crime that could lead to the forfeiture of the individual's certificate or forfeiture of state board approval.  The wages would remain in escrow until the state board hears the case and if the certificate or approval is revoked, the school district receives the escrowed funds.  The bill also specifies that an individual, who is convicted of a crime listed under the Sex Offenders Registration Act, shall not be able to reinstate his/her certificate or state board approval.

SB 611, introduced by Sen. Allen, establishes the sentencing guidelines for the failure of a school employee to report the conviction of an offense.

SB 612, introduced by Sen. Johnson, requires an individual either employed by a school district or contracted to work in a school district to report to MDE when that individual is charged with certain crimes. If the individual does not report this to MDE and this is discovered, if the original crime is a felony, then the individual is guilty of a felony.  If the individual does not report being charged with certain misdemeanors, then that individual is guilty of a misdemeanor if it is discovered he/she did not report the charge to MDE.

School Bond Loan Fund - SB 406, 407, 408, 410 and 411, introduced by Sens. Clark-Colemen, Switalski, Clarke, Leland and Cherry respectively, make modifications to the School Bond Loan Fund Act.  The bills were approved by the House and sent by the Senate to the governor.

Below is a description provided by the House Fiscal Agency of the bills in the form in which they will be sent to the governor.

SB 406 (H-1) would repeal Public Act 108 of 1961 and replace it with the "School Bond Qualification, Approval, and Loan Act."  Districts that are currently in the SBLF would maintain the current terms and conditions of their outstanding qualified bonds issued under Public Act 108 of 1961.  The new Act would require school districts to apply to the State Treasurer for preliminary qualification on proposed school bonds to be issued by filling out an application that includes the following:

* Proposed ballot language (as in current law).
* A description of the proposed project(s) (as in current law).
* Debt service projection showing the estimated mills the school district must levy to pay for the qualified bonds (as in current law).
* Evidence that the rate of utilization will be at least 85% for new buildings (as in current law).
* Evidence that the school district will repay all outstanding qualified loans on time to the state (new to the act).
* Weighted average age of all school buildings in the district based on square footage (new to the act).
* Overall utilization rate of all school buildings in the school district (as in current law).
* The taxable value per pupil (new to the act)
* Total bonded debt outstanding and total taxable value of property of the district (as in current law).
* A statement describing any environmental or usability problems (new to the act).
* An architect's analysis of the overall condition of the proposed project (new to the act).
* An amortization schedule demonstrating that the weighted average maturity of the qualified bond issue does not exceed 120% of the average reasonable expected useful life of the facilities (new to the act).

The Act would require the State Treasurer to pre-qualify new bonds of a school district only if the State Treasurer determined that issuing of additional qualified bonds would not prevent the school district from repaying its outstanding qualified loans on time and that the ballot conformed to the requirements in the Act.  However, for school districts that submitted a pre-qualification to the State Treasurer by May 25, 2005, the State Treasurer would be required to pre-qualify bonds for elections held in 2005 even if the school district did not provide evidence that its outstanding loans would be repaid on time.  School districts with fall 2005 elections would be exempt from new ballot language requirements.
 
The bill would require the State Treasurer to qualify bonds if the following conditions are met:

* Electors of a school district have approved the issuance of bonds.
* The terms of the bond issuance comply with the Revised School Code.
* The school district is in compliance with the Revised Municipal Finance Act.
* The weighted average maturity of the qualified bond issue does not exceed 120% of the average reasonable expected useful life of the facilities.
* The school district has filed any information necessary to update the original application.
* The school district has paid a qualification fee of at least $3,000 for the estimated administrative expenses.

SB 406 (H-1) also requires the following:

1.  The order which qualifies bonds must specify various principal and interest payment dates and maximum amounts, computed millage (if any), final repayment dates and other matters determined by the State Treasurer;
2.  If borrowing from the SBLRF is expected, the State Treasurer and the school district would have to enter into a loan agreement setting forth the terms of the agreement;
3.  If a school district does not issue its qualified bonds within 180 days after the date of the order qualifying the bonds, the school district may reapply for qualification and update the original application for any changes.

A ballot submitted to the electors after November 8, 2005, would have to inform lectors that if the school district borrowed from the SBLRF to pay debt service on bonds, the school district may be required to levy mills beyond the term of the bonds to repay the state.
 
The proposed legislation also changes the school district's repayment schedules for outstanding qualified loans owed to the state.   For school districts that currently have qualified loans under the SBLF, the State Treasurer would have to review the taxable value and debt service information for each district.  Within 90 days, the State Treasurer will issue an order establishing the payment date for all outstanding qualified loans and any additional qualified loans expected to be incurred before the SB 406 (H-1) effective date.  The date of repayment shall be not later than six years after the date on which the qualified bonds were due to be paid off.

For new qualified loans under the SBLRF, the loans would be due not later than six years after the date on which the qualified bonds were due to be paid off. A new provision in the Act would allow school districts to roll old loans from the state into the new qualified bond request, thereby ensuring payoff of the old debt "on-time."

If a school district does not apply to the State Treasurer for qualification of a bond issuance before the bonds are issued, the State Treasurer shall not approve the bonds as qualified bonds under this Act.

Under this bill, when revenue from the school district's debt millage exceeds the debt service payment for the qualified bond, the school district shall notify the State treasurer and provide any relevant information to this effect. The State Treasurer will then send an invoice to the school district for the amount of repayment due by the school district for that year for payback on its qualified loan from the state.  School districts would have 30 days to make payment on the invoice.

If a school district that owes the State for loans from the SBLRF and fails to levy its computed millage for repayment of its qualified bonds and is in default or the loan is unpaid, the State Treasurer shall have the school district's State School Aid payment withheld until the school district makes satisfactory arrangements with the State Treasurer.

If a school district fails to process any report, application, confirmation, or repayment under this Act, the State Treasurer may withhold a school district's state aid funds until the school district complies with the requirements under this Act.

A school district may use any remaining funds from the proceeds after completion of the voter approved project(s) in one of three ways: 1) to pay for enhancement to the projects approved by the electors; 2) to pay debt service on the qualified bonds; or 3) to repay the state for any outstanding loans.

SB 407 (S-2) would amend the Shared Credit Rating Act to create the new School Bond Loan Revolving Fund (SBLRF).  The fund would be assigned the proceeds of bonds or notes issued by the Michigan Municipal Bond Authority (MMBA), revenue from MMBA, contributions from the state, or repayments of loans from the SBLRF.   Funds in the SBLRF may be used only to make qualified loans to school districts, establish a reserve fund, secure bonds or notes issued by MMBA to provide funds for the SBLRF, act as a surety, and pay the costs of the MMBA to administer the fund.

SB 408 would amend Public Act 112 of 1961 to specify that loan repayments would go back to the new revolving fund.
 
SB 410 (S-1) would amend the State School Aid Act to allow the State Treasurer to withhold all or part of a School Aid payment to a school district if the school district defaulted on its repayment to the state and failed to make satisfactory arrangements with the Treasurer for the repayment of the amount in default.

SB 411 (S-1) would amend the Code of Criminal Procedure to establish a sentencing guideline for the crimes of making a false statement or concealing information to obtain qualification of a school bond and improperly using bond proceeds.  The offense would be a Class F felony against the public trust with a maximum term of imprisonment of four years.

The bills are tie-barred together.

Elections - SB 513, introduced by Sen. Hammerstrom and SB 514, introduced by Sen. Cassis make modifications to the Elections Law and School Aid, respectively.

The impact on schools under SB 513 is as follows:

* allows a school district to change its regular election date to the general November election, the November election in both odd and even years and the odd-year May regular election.  The November election in odd years is already available to school districts.
* requires specific information on a petition to increase millage or establish a bond.
* designates that the election commission is responsible for determining a school district's precincts and polling places if the county clerk is the school district election coordinator.
* establishes a procedure for a district to change the length of term for school board members when a ballot question to change the number of board members is submitted.
* requires a published notice of a ballot proposal to include specific information.

SB 514 merely corrects citations in the School Code to coincide with changes made in the Election Code.

The full Senate approved both of these bills.  SB 514 was ordered enrolled.  SB 513 was not, but it is anticipated this will happen soon.

Telecommunications - SB 551 was passed by the Senate and signed by the governor.  It is PA 58 of 2005.  SB 551 eliminates the sunset on the administrative rule-making authority of the Public Service Commission.

Administrator Certification - Sen. Jelinek and Sen. Switalski introduced SB 673 and 674, bills that create a voluntary certification program for certain school administrators (superintendents, principals, assistant principals and other administrators whose primary responsibility is curriculum).  The bill also provides for endorsements achieved through appropriate professional learning programs offered by state associations.  SB 674 establishes the fees for the administrator certification and endorsements.

House

School Aid - The House rejected the Senate version of HB 4887, the House school aid bill, and sent it to conference committee.  Conference committees are expected to meet through the summer with the anticipation that budgets will be completed by late summer.

School Safety - The House approved all of the school safety bills in its package.  (Details on these bills can be found in the Senate activity section, above.)

HB 4402, introduced by Rep. Hansen (same as SB 247).

HB 4928, introduced by Rep. Palmer (same as SB 609).

HB 4929, introduced by Rep. Palmer (same as SB 610).
 
HB 4930, introduced by Rep. Elsenheimer (same as SB 611).

HB 4931, introduced by Rep. Schuitmaker establishes the sentencing guidelines for an individual registered as a sex offender who is found living, working, or loitering in a "student safety zone." 
 
HB 4932, introduced by Rep. Gafney establishes a "student safety zone" of 1000 feet around school property by prohibiting an individual required to be registered under the Sex Offenders Registration Act from residing, working, or loitering within the "student safety zone."

HB 4991, introduced by Rep. Emmons, modifies the Teacher Tenure Act to coincide with those bills that call for the removal of a teacher because of a conviction under HB 4928 and 4930.

Retirement Modifications - The House Education Committee Reported out HB 4947, introduced by Rep. Palmer.  This bill makes the following changes to the School Employees' Retirement Act for employees starting after June 30, 2006:

* Creates a two-tier system for distinguishing those who are employed by a school district before from those employed after July 1, 2006.  Those employed before July 1 would have the option of continuing in the current defined benefit program (Tier 1) or could move to the defined contribution program (Tier 2).  Those employed on or after July 1 would automatically be enrolled in Tier 2.
* Tier 2 employees would participate in a 403(b) plan that would have a required 4% employer contribution and an optional employee contribution of up to 3%. 
* Health benefits for Tier 2 employees would be paid for at 100% for employees with more than 30 years of employment.
* Health benefits for Tier 2 employees with 10-30 years of employment would be eligible for 3% of the healthcare to be paid for, for each year of employment up to 90%.
* Health care coverage for purchased years is eliminated if an individual retires before 30 active years.

Post-Labor Day Start - HB 4803, introduced by Rep. Gaffney, prohibits school districts and public school academies from starting school prior to Labor Day.  This bill is effective upon the signature of the governor.  However, if a current collective bargaining agreement is already in place and that agreement calls for starting school before Labor Day, the collective bargaining agreement takes precedence until it expires.

The full House approved this bill on a vote of 69 to 40.  The bill now goes to the Senate.

Year-round School Speed Posting - HB 4607, introduced by Rep. Stakoe, allows the superintendent of a school that runs a full-year program to request that a sign be posted on the street or highway along with a "speed zone" sign indicating that the school is in session year-round.

The Senate approved this bill and the House ordered it to be enrolled.  It now goes to the governor.

Nancy Stanley
MEMSPA Legislative Liaison
nancy@memspa.org

Legislative Update for the Week Ending
June 24, 2005

As the House and Senate approach the summer adjournment date (Thursday, June 30), more items are brought up and the pace picks up considerably.  It is unlikely many, if any, budget bills will be completed before the summer break, but the legislature has determined it will meet every Wednesday in July and August.  Hopefully the School Aid bill will be acted upon early so schools will have some budgetary certainty when entering the summer (and negotiations).

This past week, the House and Senate both worked on pieces of legislation that could significantly impact education, including the passage of the House version of the School Aid bill.  Below is a review of legislative action relative to education this past week.

Senate
The full Senate received a motion to discharge SB 246, the K-16 proposal introduced by Sen. Emerson.  (To discharge a bill is to have it come directly to the floor without a committee hearing.)  There were insufficient votes to discharge the bill and no other action was taken.

The full Senate also enrolled SB 514, introduced by Sen. Hammerstrom.  This bill makes citation corrections in the School Code relative to changes made in the election laws last year.  This bill is a technical clean-up bill and has no policy implications.

Finally, the full Senate moved HB 4606 to third reading.  This bill, introduced by Rep. Stakoe, allows a school that runs a full-year program to post a sign on the street or highway along with a "speed zone" sign indicating that the school is in session year-round.

The Senate Education Committee reported out five bills from the school safety package. 

SB 247, introduced by Sen. Allen, requires a criminal background check for all persons (including para-professionals) who work with special education students.

SB 601, introduced by Sen. Van Woerkom, prohibits individuals convicted of certain crimes from being employed by a school district.

SB 609, introduced by Sen. Kuipers, modifies the Teacher Tenure Act to coincide with changes made under SB 610.

SB 610, introduced by Sen. Kuipers, requires a school district to put an individual's wages in escrow if that individual is convicted of a crime that could lead to the forfeiture of the individual's certificate or forfeiture of state board approval.  The wages would remain in escrow until the state board hears the case and if the certificate or approval is revoked, the school district receives the escrowed funds.  The bill also specifies that an individual, who is convicted of a crime listed under the Sex Offenders Registration Act, shall not be able to reinstate his/her certificate or state board approval.

SB 611, introduced by Sen. Allen, establishes the sentencing guidelines for the failure of a school employee to report the conviction of an offense.

SB 612, introduced by Sen. Johnson, requires an individual either employed by a school district or contracted to work in a school district to report to MDE when that individual is charged with certain crimes. If the individual does not report this to MDE and this is discovered, if the original crime is a felony, then the individual is guilty of a felony.  If the individual does not report being charged with certain misdemeanors, then that individual is guilty of a misdemeanor if it is discovered he/she did not report the charge to MDE.

Two bills, also a part of the school safety package, were discussed, but not reported out.  SB 616 and SB 617 introduced by Sen. Cassis and Toy, respectively, establish a "student safety zone" of 1000 feet around school property and establish the sentencing guidelines for an individual registered as a sex offender who is found living, working, or loitering in a "student safety zone."  SB 616 would achieve the "student safety zone" by prohibiting an individual required to be registered under the Sex Offenders Registration Act from residing, working, or loitering within the "student safety zone."

Committee members were troubled by this legislation after compelling testimony from families that would be impacted by these bills and the bills were not reported out of committee.

House
The full House voted to discharge HB 4582 from committee.  This is the House version of the K-16 bill introduced by Rep. Hopgood.  No further action was taken on the bill once it was discharged.

A motion to discharge HB 4947, introduced by Rep. Palmer, was presented to the House, however no discharge vote was taken.  HB 4947 makes changes to the School Employees' Retirement Act to modify benefits for employees starting after June 30, 2006.

Finally, the House approved HB 4487, its version of the School Aid bill.  The bill was modified slightly from the version approved by the Appropriations Committee.

The most significant change made in the House was to reduce a new middle school math program to $6 per pupil (approximately $2.5 million) and create an additional $25 per pupil payment for districts with less than a $7200 foundation grant.  This would be on top of a $175 increase for all districts.  Those districts between $7175 and $7200 (after the $175 increase) would receive funding on a sliding scale to bring them up to $7200. 

Another significant change was to create a $100 appropriation as a "place-holder" for Detroit.  This would create a "point of difference" in conference committee and would open the door for some type of Detroit supplemental.  Other changes listed below are changes from the governor's recommendation and are carried over from the bill the way it was approved by the appropriations committee.

*  Developmental kindergarten - no change to current funding
*  Foundation allowance funded at $6875 (a $175 increase)
*  Sec. 20j. - fully funded
*  Sec. 31a. - At-risk fully funded at the 2004-05 level
*  Sec. 32c. - Early Childhood Grants transferred to Human Services
*  Sec. 54a. - $200,000 for a new special education lending library at CMU
*  Sec. 81 - ISD funding held at 2004-05 level with $3 million added to provide vision and hearing screening to grade 6 and $200,000 for a "best practices" study
*  Sec. 91 - $500,000 to CMU for the National Charter Institute
*  Sec. 98 - Michigan Virtual High School - $750,000 increase
*  Sec. 98b. - $3 million state and $8 million federal funding for Laptops
*  Sec. 99a. - Math/Science Centers reconfigured to middle school focus and funding with $2.5 million in state funding and $4.456 million federal funding
*  Sec. 107 - Adult Education - $1 million increase.

Funding for various categoricals is at last year's level except where noted above. 

The House Education Committee reported out the entire school safety package.  This package includes the following:  (See above for bill descriptions.)

HB 4402, introduced by Rep. Hansen (same as SB 247).

HB 4928, introduced by Rep. Palmer (same as SB 609).

HB 4929, introduced by Rep. Palmer (same as SB 610).
 
HB 4930, introduced by Rep. Elsenheimer (same as SB 611).

HB 4931, introduced by Rep. Schuitmaker (same as SB 612).

HB 4932, introduced by Rep. Gafney (same as SB 616).

HB 4233, introduced by Rep. Jones (same as SB 617).
The House Natural Resources Committee reported out HB 4803, introduced by Rep. Gafney.  The bill requires school to begin after Labor Day.

Coming Up the Week of June 27

A House Education Committee meeting has been scheduled for every Wednesday from June 29-August 24.  No specific agenda has been included and is noted only "to be determined."

No other meetings have been scheduled at this time that deal with education issues.

Nancy Stanley
6-27-05
nancy@memspa.org

School Aid Update
June 23, 2005

House
The House approved its version (HB 4887) of School Aid last night (Wednesday, June 22).  Funding for various categoricals is at last year's level except where noted below. 

The most significant change made in the House was to reduce the middle school math program to $6 per pupil (approximately $2.5 million) and create an additional $25 per pupil payment for districts with less than a $7200 foundation grant.  This would be on top of a $175 increase for all districts.  Those districts between $7175 and $7200 (after the $175 increase) would receive funding on a sliding scale to bring them up to $7200. 

Another significant change was to create a $100 appropriation as a "place-holder" for Detroit.  This would create a "point of difference" in conference committee and would open the door for some type of Detroit supplemental.  Other changes listed below are changes from the governor's recommendation and are carried over from the bill the way it was approved by the appropriations committee.

*Developmental kindergarten - no change to current funding
*Foundation allowance funded at $6875 (a $175 increase)
*Sec. 20j. - fully funded
*Sec. 31a. - At-risk fully funded at the 2004-05 level
*Sec. 32c. - Early Childhood Grants transferred to Human Services
*Sec. 54a. - $200,000 for a new special education lending library at CMU
*Sec. 81 - ISD funding held at 2004-05 level with $3 million added to provide vision and hearing screening to grade 6 and $200,000 for a "best practices" study
*Sec. 91 - $500,000 to CMU for the National Charter Institute
*Sec. 98 - Michigan Virtual High School - $750,000 increase
*Sec. 98b. - $3 million state and $8 million federal funding for Laptops
*Sec. 99a. - Math/Science Centers reconfigured to middle school focus and funding with $2.5 million in state funding and $4.456 million federal funding
*Sec. 107 - Adult Education - $1 million increase

At this point in time, the Senate bill is in the House and the House bill is in the Senate.  The plan is for bills to be rejected and sent to conference committee.  There is hope that the School Aid bill (at the very least) will be agreed to before summer break (June 30), but this is not a certainty.

On the positive side, the K-16 Rally has had an impact on our elected officials (11-12,000 people can make a difference).  Sales tax revenue is reported to be up due to the high gas prices (good news, bad news).  With enhance revenue, the budget is a little less troublesome and hopefully some of the extra revenue will be directed at the schools.

Nancy Stanley
6-23-05

Legislative Update for the Week of
June 13, 2005

The format for this Update has changed somewhat in that two important topics, school aid and retirement legislation, seem to be the most significant issues.  Therefore, those two issues have been outlined separately and the regular committee information can be found below these issues.

School Aid

Senate
The full Senate has passed its version of School Aid for 2006 (SB 279) and the House Appropriations Committee has sent its version (HB 4887) to the House calendar for action during the week of June 20.

The Senate bill is looking better than when it was reported out of the subcommittee, but still has some problems.  Major components of the Senate bill are as follows:

* Developmental kindergarten funding reduced to .5 FTE.
* Foundation allowance funded at $6875 (a $175 increase).
* No supplemental for Detroit
* Sec. 20j. - fully funded
* Sec. 31a. - At-risk fully funded at the 2004-05 level
* Sec. 32l. - School Readiness from MDE budget shifted to School Aid
* Sec. 54a. - $250,000 for a new special education lending library at CMU
* Sec. 81 - ISD funding held at 2004-05 level
* Sec. 94a. - $1 million increase in state funding for CEPI
* Sec. 98 - Mi. Virtual High School - $2.5 million increase in state/federal funding
* Sec. 98b. - Laptop program - $3 million federal funding
* Sec. 99 - Math/Science Centers - $975,000 increase in state and federal funding
* Retirement Rate - 16.34%
* All other categoricals are maintained at the 2004-05 level.

It is unclear at this moment what will happen to this bill, other than it will be sent to the House and quickly turned down.  It has been reported that from there it will be sent to conference committee.

House
The House School Aid bill (HB 4887) is on the House calendar and action is expected on this bill some time during the week of June 20.  The House has chosen to put more General Fund revenue in the School Aid bill, but has also created a new, $25 million, middle school math program.  Major components of the House bill are as follows:

* Developmental kindergarten - no change to current funding
* Foundation allowance funded at $6875 (a $175 increase)
* No supplemental for Detroit
* Sec. 20j. - fully funded
* Sec. 31a. - At-risk fully funded at the 2004-05 level
* Sec. 32c. - Early Childhood Grants transferred to Human Services
* Sec. 54a. - $200,000 for a new special education lending library at CMU
* Sec. 81 - ISD funding held at 2004-05 level with $3 million added to provide vision and hearing screening to grade 6 and $200,000 for a "best practices" study
* Sec. 91 - $500,000 to CMU for the National Charter Institute
* Sec. 98 - Michigan Virtual High School - $750,000 increase
* Sec. 98b. - $3 million state and $8 million federal funding for Laptops
* Sec. 99a. - Math/Science Centers reconfigured to middle school focus and funding with $2.5 million in state funding and $4.456 million federal funding
* Sec. 99b. - Engineering Michigan's Future - $25 million math program focused on middle school
* Sec. 107 - Adult Education - $1 million increase

Retirement Bill
Rep. Palmer has introduced HB 4947, which amends the School Employees' Retirement Act.  There has also been a discharge notice filed with the House which means there may be a vote to discharge the bill with no committee hearings on the bill. 

Generally, the bill does the following:

* Creates a two-tier for system distinguishing those who are employed by a school district before from those employed after July 1, 2006.  Those employed before July 1 would have the option of continuing in the current defined benefit program (Tier 1) or could move to the defined contribution program (Tier 2).  Those employed on or after July 1 would automatically be enrolled in Tier 2.
* Tier 2 employees would participate in a 403(b) plan that would have a required 4% employer contribution and an optional employee contribution of up to 3%. 
* Health benefits for Tier 2 employees would be paid for at 100% for employees with more than 30 years of employment.
* Health benefits for Tier 2 employees with 20-30 years of employment would be eligible for 3% of the healthcare to be paid for, for each year of employment up to 90%.

It's questionable how soon the House could discharge these bills or whether there are sufficient votes to do so, but the sponsor is hopeful the bill will be moved to the Senate before summer recess (projected to be July 1).

Other Activity
The Joint Senate Education Standing and Appropriations Committees held a hearing on SB 246, Sen. Emerson' bill that embraces the K-16 proposal.  Sen. Emerson explained the bill and took questions.  Gary Olsen from the Senate Fiscal Agency talked about the fiscal implications and also answered questions.  No other testimony was taken.

The House Education Committee began discussing a package of bills designed to reduce the likelihood that students would be exposed to criminals when in school.

HB 4928, introduced by Rep. Palmer, would require a school district to put an individual's wages in escrow if that individual is convicted of a crime that could lead to the forfeiture of the individual's certificate or forfeiture of state board approval.  The wages would remain in escrow until the state board hears the case and if the certificate or approval is revoked, the school district receives the escrowed funds.  The bill also specifies that an individual, who is convicted of a crime listed under the Sex Offenders Registration Act, shall not be able to reinstate his/her certificate or state board approval.

HB 4929, introduced by Rep. Palmer, modifies the Teacher Tenure Act to coincide with changes made under HB 4828.

HB 4930, introduced by Rep. Elsenheimer, would require an individual either employed by a school district or contracted to work in a school district to report to MDE when that individual is charged with certain crimes. If the individual does not report this to MDE and this is discovered, if the original crime is a felony, then the individual is guilty of a felony.  If the individual does not report being charged with certain misdemeanors, then that individual is guilty of a misdemeanor if it is discovered he/she did not report the charge to MDE.

HB 4931, introduced by Rep. Schuitmaker, establishes the sentencing guidelines for the failure of a school employee to report the conviction of an offense.

HB 4932, introduced by Rep. Gafney, establishes a "student safety zone" of 1000 feet around school property.  This bill would prohibit an individual required to register under the Sex Offenders Registration Act from residing, working, or loitering within the "student safety zone."

HB 4233, introduced by Rep. Jones, establishes the sentencing guidelines for an individual registered as a sex offender who is found living, working, or loitering in a "student safety zone."

Coming Up the Week of June 20

Tuesday, June 21 - Remember the Rally!

Thursday, June 23 - The House Natural Resources Committee is schedule to take up HB 4803, introduced by Rep. Gafney.  This bill requires school to start after Labor Day.

The Senate Education Committee is scheduled to take up Senate bill that do the same thing as the House bills described above with the exception of SB 247 and 601, which were not included in the House hearing last week.  The bills to be taken up are as follows:

SB 247 (Allen) Requires a criminal background check for all persons (including para-professionals) who work with special education students.

SB 601 (Van Woerkom) Prohibits individuals convicted of certain crimes from being employed by a school district.

SB 609 (Kuipers)  Same as HB 4929 above.

SB 610 (Kuipers) Same as HB 4928 above.

SB 611 (Allen) Same as HB 4931 above.

SB 612 (Johnson) Same as HB 4930 above.

SB 616 (Cassis) Same as HB 4932 above.

SB 617 (Toy) Same as HB 4933 above.

Nancy Stanley
6-20-05

Memorandum

To:      Interested Parties
From:  Nancy Stanley  
Date:   June 15, 2005

Re:      School Aid Update - House Action

The House Education Appropriations subcommittee reported out HB 4887 the House version of School Aid.  The bill is scheduled for consideration in the full House Appropriations Committee today and probably on the floor on Thursday.

This is just a quick update on what is in the bill.  A more complete update will be sent to you after the full Appropriations Committee meeting.

The bill is much better than the version adopted by the Senate Appropriations Committee late last week. Unlike the Governor's recommendation to cut general fund dollars to $20 million (which the Senate has generally agreed to), the House bill sets the general fund amount at $96.4 million.  This enables the House to 1) increase the foundation by $175 per pupil; 2) maintain most categoricals at their current level (including At-Risk); and 3) avoid cuts to 20j and prekindergarten foundation allowances that were adopted in the Senate bill.

The biggest change in the House Bill is a new allocation of $25 million for "Engineering Michigan's Future," a grant of approximately $65 for every 6th, 7th and 8th grade student in the state.  As proposed, the money is to be used by districts to target improved outcomes in middle school mathematics.  In the first year, the grants are automatic; in subsequent years, the money will only be available to those districts that demonstrate achievement or measurable progress in improving middle school math.

There is also the same special education lending library appropriation for CMU that was seen in the Senate bill.

The bill is not without other problem areas.  There continues to be items that used to be funded in other state budgets shifted to our budget, which leaves less to support current programs.  Examples in this bill include $3 million taken to support vision and hearing testing, formerly the responsibility of the Department of Community Health, $500,000 to CMU for their national charter school center, formerly part of the higher education budget and $2.4 million for the Payment in Lieu of Taxes (PILT) reimbursement, formerly part of the state's general fund responsibility. 

Additionally, there is no foundation increase for ISDs.  And in a surprising move, the subcommittee adopted language that denies education to anyone who is not a US citizen.  This is a move against undocumented immigrant children, but flies in the face of a US Supreme Court ruling that education benefits cannot be denied to those children.  The subcommittee seemed unaware that there was established law on this point.

We will have a better idea of what the House is doing once the bill passes the full Appropriations Committee (few amendments are expected, however).  This will be a crucial week to ensure that schools receive the maximum revenue possible with the fewest cuts to critical programs.  It is the goal of the legislature to have this budget done by the end of June.  This is still possible with the quick consideration that is expected once the bills pass the first house.

Legislative Update for the Week of
June 6, 2005

Senate
The full Senate passed a package of bills (SB 406, 408, 410 and 411) modifying the school bond loan fund procedures.  A complete analysis of this package will be available later in the week.

The Senate Appropriations Committee reported out SB 279, the School Aid budget bill for 2006 on a partisan vote.  At the committee meeting, several Republican senators said they would not support the bill on the floor without significant changes in Sec. 20j. and at-risk funding.  The bill is substantially the same as the bill that came out of the subcommittee.  Below is a review and summary of the School Aid changes from current law.

The foundation increase is $175 per pupil, but some categoricals are cut significantly.  The categoricals with the deepest cuts are the following:

* Section 6(4)(r) - This is the membership categorical. - The Senate added language restricting the funding of those children in a pre-kindergarten class (early 5's or "begindergarten") to .5 FTE, rather than the full FTE given to for a kindergarten student.
* Section 20j - This categorical provides the same foundation increase to hold-harmless districts as that received by others.  The Senate Appropriations Committee recommended a 1/3 cut in 20j funds to those districts with a pupil count of 200 or more (this is a change from the original recommendation of cuts to districts of 2000 or more).
* Section 31a - This is the at-risk categorical.  The Senate recommended a cut of $21.5 million from the 2004-2005 appropriation.
* Elimination of the $15 million to Detroit.

In addition to these major cuts, several categoricals that were once covered by general fund dollars are now covered by School Aid Fund (Durant payments, Renaissance zones, and Payment in Lieu of Taxes [PILT]).  These payments were not a part of school funding anticipated under Proposal A and eat into the dollars that could be available for a foundation increase (approximately $42 per pupil). 

The 2.5% increase to ISDs was eliminated as was the $600,000 increase for Math/Science Centers and a reduction of $4.5 million to the "Freedom to Learn" program was made. 

Also eliminated was $1 million for Career Pathways and $200,000 for the new special education "lending library" to be created at Central Michigan University.

The bill now goes to the Senate floor where a great deal of resistance is expected.  Many senators, Democrats and Republicans alike, are not happy with this school aid budget bill.

The Senate Education Committee took testimony on SB 4, introduced by Sen. Brater.  Beginning with the 2010-2011 school year, this bill would require compulsory attendance in school until a student's eighteenth birthday with some exceptions.  Those exceptions include the following:

* A 16- or 17-year old could satisfy attendance requirements by going to an alternative program, vocational education program, independent study or community college coursework.
* A 16- or 17-year old could satisfy attendance requirements by working at least 25 hours per week and attending school 15 hours per week if a case of economic hardship or family need can be shown.

The bill also allows a school district to provide programs to students that would allow a student to meet some or all of the requirements for a diploma by successfully completing one or a combination of the following:

* a state-approved alternative education program
* a vocational education program that requires the student to attend school at least 10 hours per week and includes work study or an apprenticeship
* an independent study approved by the school district that meets State Board guidelines
* academic coursework at a community college.

The cost of this program to the state could be from $61 million to $118 million.  This is based on the number of students between the ages of 16 and 18 who are currently not attending school or who have been determined to have dropped out.

House
The full House approved HB 4831, an omnibus budget bill of $39.7 billion for FY 2006 on a strictly partisan vote.  The only appropriation for school aid in this bill was a $289.9 million increase in discretionary funding to ensure a $175 per pupil increase in the foundation.  The full school aid bill will be before the House Education Appropriations subcommittee on Tuesday.  It is unknown whether or not the subcommittee will vote on this budget bill or if it will be taken up in full Appropriations for a vote.

It is rumored that the House bill will be more generous to schools than the Senate bill and that GF will be at $100 million rather than $20 million.  This will be verified on Tuesday.

The House Education Committee took testimony from local prosecutors on the difficulty they have reporting to schools when a school employee has been convicted of a crime. 

The committee also reported out SB 180, introduced by Sen. Stamas.  The bill allows an individual who taught at a military base prior to Jan 1, 1991 and participates in the teacher retirement system (MPSERS) to purchase time after October 1, 2005.

Governor
SB 77, PA 41 of 2005, introduced by Sen. VanWoerkom was signed by the governor.  This bill allows ROTC classes in grades 7-12 to be counted as instructional time, even if the instructor is not a certified teacher, if the instructor has met all the requirements established under the U.S. Department of Defense and if he or she has received the same criminal history and background check required for a regular classroom teacher.

Coming Up the Week of June 13

Tuesday, June 14 - The House Education Appropriations subcommittee is scheduled to discuss HB 4887, the School Aid appropriations bill for the 2005-06 school year.

Thursday, June 16 - The Senate Education Appropriations subcommittee is scheduled to take "expert testimony" on SB 246 the bill being promoted by K-16.  No public testimony will be taken.

No other education-related committee meetings have been posted at this time.

Remember the Rally!

K-16 Coalition

June 21, 2005 - Lansing Center
12:00 Registration, 1:00 Pre-rally activities, 2:00 March to the Capitol
www.michigank16.org

Rally Tips

1. Check the web site for parking maps, etc.  Remember to scroll down on the web site for complete information.
2. Remember, when you are in Lansing, be patient.  If the turnout is as expected, navigating may be difficult if you come by car.  Walking to the Capitol may be difficult, also, but don't be discouraged.
3. Each region will be assigned a number.  If you choose to do so, you can call your legislator ahead of time and let him/her know you will be by the number assigned to your region.

Nancy Stanley
June 13, 2005

Memorandum    

To:             Concerned Parties

From:         Nancy Stanley  

Date:           June 10, 2005

Yesterday afternoon, the Senate Appropriations Committee reported out SB 279, the School Aid budget, on a straight party line vote.  Six amendments were adopted, but the major impact was minimal when addressing the concerns of the education community.

The most significant amendment was made to increase funding to 20j districts so that districts over 200 members will receive a 1/3 cut in funding.  In other words, those districts will receive 2/3 of their expected allotment.  The funding for this increase came from a reduction in the Freedom to Learn project and math/science centers and an elimination of the CMU special education lending library, Career Pathways and the 2.5% increase to the intermediate districts.

The second change impacting concerns expressed by the education community was a restoration of $1 million of at-risk funding.  This reduces the $22.5 million cut to current year funding by $1 million.  Not a huge improvement, but moving in the right direction.

No changes were made in the language cutting early kindergarten programs or the cut to Detroit.

Most significantly, there were a few Republicans who said they were only voting to get the bill to the floor and they would not support the bill unless significant changes were made in the at-risk funding and Sec. 20j.

The bill now goes to the Senate floor where action is expected next week.  Phone calls or emails to Senators on the areas of concerns are still needed if significant changes are to be made before the bill moves to the House.

Legislative Update for the Week of
May 30, 2005

Senate
The full Senate approved SB 513 and SB 514.  SB 513, introduced by Sen. Hammerstrom amends school elections in a way that could be helpful to schools in the following ways.  First of all, it establishes a way for a district with a nine-member board to reduce to a seven-member board.  It also allows for an option for districts that wish to keep the May election, to have that election every other year.  This would help reduce costs.  Finally, it requires certain information (such as millage rate, etc.) to be on a ballot if a district has chosen to have an election on one of the special election days available.

SB 514, introduced by Sen. Cassis, makes corrections to the School Code regarding references to the Election Code.  Both bills now go to the House where they are expected to be taken up quickly.

SB 77, introduced by Sen. VanWoerkom was presented to the governor.  This bill allows ROTC classes in grades 7-12 to be counted as instructional time, even if the instructor is not a certified teacher, if the instructor has met all the requirements established under the U.S. Department of Defense and if he or she has received the same criminal history and background check required for a regular classroom teacher.

The Senate Education Appropriations subcommittee reported out SB 269, funding for the Department of Education and SB 279, the School Aid budget.  The School Aid bill is fraught with problems.  Below is, in part, information sent out on Friday regarding the budget, plus some additional information about the bill.

As expected, the bill keeps the foundation increase at $175 per pupil, but does this by cutting into other categoricals.  The categoricals with the deepest cuts are the following:

* Section 6(4)(r) - This is the membership categorical. - The Senate added language restricting the funding of those children in a pre-kindergarten class (early 5's or "begindergarten") to .5 FTE, rather than the full FTE given for a kindergarten student.
* Section 20j - This categorical provides full funding for hold-harmless districts.  The Senate recommended a cut 50% in 20j funds to those districts with a pupil count of 2000 or more.
* Section 31a - This is the at-risk categorical.  The Senate recommended a cut of $22.5 million from the 2004-2005 appropriation.
* Elimination of the $15 million to Detroit.

In addition to these major cuts, several categoricals that used to be covered by general fund dollars are now being covered by School Aid Fund (Durant payments, rennaisance zones, and Payment in Lieu of Taxes [PILT]).  These payments were not a part of Proposal A.

Some catergoricals received increases and two categoricals received new funding.  Math/Science Centers funding was increased by $700,000, CEPI received an increase in state funding of $1.5 million and "Freedom to Learn" received a state funding increase of $800,000 while experiencing a cut in federal funding of $12,343,200.

New funding of $1 million was established for Career Pathways and a new special education "lending library" was created at Central Michigan University of $200,000.

The bill will be scheduled next week in full Appropriations.  Senators should be contacted by Tuesday at noon about the negative impact this bill will have on school districts.

A bill to watch - SB 266 appropriates funds for the community colleges.  For the first time, $18 million of School Aid revenue was taken to fund the community college budget.

House
The full House moved HB 4079 & 4080, introduced by Rep. Palmer, to third reading.  These bills create the Mandate Reduction Act (formerly know as the Educational Flexibility program).  HB 4079 amends the School Code to allow school districts to apply to the state superintendent to waive requirements in the School Code if specific requirements are met.  The bill was amended in committee to give the State Board the right to authorize waivers.  The bill also excludes teacher certification and corporal punishment from waiver status. HB 4080 is tie-barred to HB 4079 and allows requirements in the School Aid Act to waived if specific requirements are met.

The House Education Appropriations subcommittee briefly met regarding the Department of Education bill and quickly adjourned.  A full meeting is expected next week some time.

The House Education Committee received a report from the Department of Education regarding Public School Academies (charter schools) from 2002-03. 

Governor
HB 4142 introduced by Rep. Palmer, became PA 31 of 2005, when it was signed by the Governor.  This bill modifies the law controlling the MEAP to conform with the recent legislative change that moves high school testing from the MEAP to a commercial test.  According to the Senate Fiscal Agency, the bill makes the following modifications:

* Establishes requirements for notifying parents and teachers of test results, and meeting quality management standards, that would apply to contractors used for scoring, developing or processing a test.
* Requires a contract to include specific deadlines and penalties for noncompliance.
* Establishes test criteria regarding grade level content, compliance with the No Child Left Behind Act, consistency with a code for fair testing practices, and factual accuracy.
* Requires schools to identify students who demonstrated extraordinary competence in multiple subject areas.
* Requires testing at additional grade levels, if mandated by the Federal government.

Coming Up the Week of June 6
Wednesday, June 8 - The House Appropriations Committee is scheduled to take up an omnibus budget bill funding all of state government.  It is not anticipated that School Aid will be a part of this budget.

Thursday, June 9 - The Senate Appropriations Committee is scheduled to take up the School Aid bill, SB 279 and the community college budget, SB 266.

Remember the Rally!

K-16 Coalition

June 21, 2005 - Lansing Center

12:00 Registration, 1:00 Pre-rally activities, 2:00 March to the Capitol

Please pre-register at www.michigank16.org.  This is important to help with logistics of parking, food, water, etc.  Also, there is valuable information at this website such as frequently asked questions, motor coach companies available for hire and rally materials.  Also, registration will allow you to receive an informational newsletter.

Nancy Stanley
June 6, 2005

Legislative Update for the Week of
May 23, 2005

Senate
The Senate Government Operations Committee reported out bills modifying the recent elections consolidation package.  SB 513, introduced by Sen. Hammerstrom amends school elections in a way that could be helpful to schools in the following ways.  First of all, it establishes a way for a district with a nine-member board to reduce to a seven-member board.  It also allows for an option for districts that wish to keep the May election, to have that election every other year.  This would help reduce costs.  Finally, it requires certain information (such as millage rate, etc.) to be on a ballot if a district has chosen to have an election on one of the special election days available.

The bill now goes to the Senate calendar to be scheduled for a vote by the entire Senate.

**The full Appropriations Committee reported out SB 406, introduced by Sen. Switalski.  This bill modifies the requirements of the School Bond Loan Fund and would prohibit a school district that is currently borrowing from the School Bond Loan Fund from rolling over an existing loan into a new loan.  At this point in time, the school community is not supportive of the language in the bill and is working with the administration and the Senate to shape it into a more useful proposal.

The bill now goes to the Senate calendar.  The education community is trying to have the bill held up until the week of June 5 so that a new bill can be drafted that does not disadvantage some districts.

**The Senate Education Committee heard from the Auditor General on two reports dealing with pupil auditing.

House
The House Education Appropriations subcommittee received the list of priorities created by the Price of Government exercise and listed the cost of each.  It was generally acknowledged that this would not likely have much of an impact on the School Aid Budget.

**The House Education Committee reported out SB 72, introduced by Sen. Birkholz. This bill requires the Pledge of Allegiance to be offered daily in all public schools.  It also allows a local board to determine whether or not it would like to provide the Pledge or the national anthem or both at after-school events in at least grades 9-12.  Finally, the bill provides for students to not be compelled to recite the Pledge.

An attempt was made in Committee to amend the bill to require a copy of the Pledge to be distributed when the Pledge is going to be said, but the amendment was defeated.  The bill has been moved to the House calendar for consideration by the full House.

The House Education Committee also reported out HB 4079 & 4080, introduced by Rep. Palmer.  These bills create the Mandate Reduction Act (formerly known as the Educational Flexibility program).  HB 4079 amends the School Code to allow school districts to apply to the state superintendent to waive requirements in the School Code if specific requirements are met.  The bill was amended in committee to give the State Board the right to authorize waivers.  The bill also excludes teacher certification and corporal punishment from waiver status. HB 4080 is tie-barred to HB 4079 and allows requirements in the School Aid Act to waived if specific requirements are met.

The bills are now on the House calendar for consideration by the full House.

Coming Up the Week of May 30

Tuesday, May 31 - The House Education Appropriations subcommittee is scheduled to discuss the Department of Education budget.

Wednesday, June 1 - The House Education Committee will hear a report given by the Department of Education on Public School Academies.

The Senate Technology and Energy Committee is scheduled to take up two bills.  SB 528, introduced by Sen. Johnson, establishes a new act called the Communications Act.  It is meant to take the place of the Telecommunications Act which sunsets at the end of 2005.

SB 551, scheduled to be introduced by Sen. Patterson on Tuesday, extends the sunset for the current Telecommunications Act and establishes a directive to have rules promulgated to fully implement the Act.

Thursday, June 2 - The Senate Education Appropriation subcommittee is scheduled to begin making decisions on the Department of Education budget (SB 269, introduced by Sen. Scott) and the School Aid budget (SB 279, introduced by Sen. Switalski).

Nancy Stanley
5/31/05

Legislative Update for the Week of
May 16, 2005

Revenue Consensus - A joint committee of House and Senate Appropriations members met with Treasury to examine state revenue from January to May and to determine the anticipated revenue for the coming year. 

The good news is that even though revenue estimates for the School Aid Fund are down from January ($28.3 million for 2005 and $56.8 million for 2006), the reduction is not significant enough to trigger a proration for the current school year.

The bad news is the legislature will struggle to meet the Governor's target of a $175 per pupil increase for next year without eliminating some of the increases in categoricals such as at-risk and Sec. 81.  Also, the Governor's new proposal of $50 per pupil at the high school level will likely be one of the first items on the cutting board.

The House begins meeting in earnest on the School Aid budget on Tuesday, May 24 and it is expected their version of School Aid will be available quickly and will move to the Senate on the "fast track."

Senate
SB 69, introduced by Sen. Birkholz, was presented to the Governor by the Senate.  This bill would allow students who are suspended to attend a strict disciplinary academy if the placement is recommended by the school district and agreed to by the parents.  Currently, strict disciplinary academies (charter schools specifically created to accept expelled students) are restricted to accepting only students that have been expelled.

The full Senate passed SB 205, introduced by Sen. Hammerstrom.  This bill amends the School Code to provide that school districts would require each individual it employs or assigns to be an interscholastic coach to hold valid certification in sport safety training.  The fee for this training is typically between $50-$75 per person and the cost would be borne by the coach unless a district chooses to pay for it. 

The Senate Education Appropriations subcommittee took public testimony on the Governor's School Aid proposal.  Primary testimony was presented on Math/Science Centers and the Freedom to Learn project.

House
HB 4142, introduced by Rep. Palmer, was approved by the Senate and sent by the House to the Governor.  This bill modifies the law controlling the MEAP Act to conform with the recent legislative change that moves high school testing from the MEAP to a commercial test.  According to the Senate Fiscal Agency, the bill makes the following modifications:

* Establishes requirements for notifying parents and teachers of test results, and meeting quality management standards, that would apply to contractors used for scoring, developing or processing a test.
* Requires a contract to include specific deadlines and penalties for noncompliance.
* Establishes test criteria regarding grade level content, compliance with the No Child Left Behind Act, consistency with a code for fair testing practices, and factual accuracy.
* Requires schools to identify students who demonstrated extraordinary competence in multiple subject areas.
* Requires testing at additional grade levels, if mandated by the Federal government.

The full House approved SB 77, introduced by Sen. VanWoerkom.  This bill allows ROTC classes in grades 7-12 to be counted as instructional time, even if the instructor is not a certified teacher, if the instructor has met all the requirements established under the U.S. Department of Defense and if he or she has received the same criminal history and background check required for a regular classroom teacher.

The full House also approved HB 4607, introduced by Rep. Stakoe.  This bill allows a school district to post signs on the highway indicating that a school building is in session year-round.  This would be for safety purposes so that drivers know that when a sign is posted indicating speed reduction when school is in session they will be aware that they are in a school zone where school is in session year-round and not during just the conventional school year.

The House Education Committee reported out HB 4274.  This bill, introduced by Rep. Vander Veen, amends the Third Party Administrator Act to require the sponsor of an insurance benefit plan to release claims history to a school district at the district's request.  The history must be for the past 12 months and must include:  the number of individuals covered, total number of claims paid, total number of claims pending and the dollar amount of those claims, experience data by coverage component, and any other data necessary to allow the district to competitively bid.

The bill is now on the floor of the House and could be scheduled to be taken up immediately or the House may possibly wait until the fall.

Coming Up the Week of May 23

Tuesday, May 24 - The House Education Appropriations subcommittee is scheduled to discuss the School Aid and Department of Education budget bills.

No other education bills are scheduled at this time.

Remember the Rally!

K-16 Coalition, June 21, Lansing Center, 12:00 Registration,
1:00 Pre-rally activities, 2:00 March to the Capitol

Please pre-register at www.michigank16.org.  This is important to help with logistics of parking, food, water, etc.  Also, there is valuable information at this website such as frequently asked questions, motor coach companies available for hire and rally materials.  Also, registration will allow you to receive an informational newsletter

Finally, please do not bring signs, they will be provided.  The K-16 committee would like a consistent and uniform message so there is no misunderstanding on the part of the Legislature.

Legislative Update for the Week of

May 9, 2005

Senate - The full Senate sent SB 69, introduced by Sen. Birkholz, the Governor for her signature.  This bill would allow students who are suspended for more than 10 days to attend a strict disciplinary academy if the placement is recommended by the school district and agreed to by the parents.  Students would not be allowed to remain in the strict discipline academy once the suspension or expulsion time is completed.  Currently, strict disciplinary academies (charter schools specifically created to accept expelled students) are restricted to accepting only students that have been expelled.

The Senate Education Committee approved HB 4142, introduced by Rep. Palmer.  This bill modifies the law controlling the MEAP so that the high school test is moved from MEAP to a commercial test.  According to the Senate Fiscal Agency, the bill makes the following modifications:

 * Establishes requirements for notifying parents and teachers of test results, and meeting quality management standards, that would apply to contractors used for scoring, developing or processing a test.
 * Requires a contract to include specific deadlines and penalties for noncompliance.
 * Establishes test criteria regarding grade level content, compliance with the No Child
 * Left Behind Act, consistency with a code for fair testing practices, and factual accuracy.
 * Requires schools to identify students who demonstrated extraordinary competence in multiple subject areas.
 * Requires testing at additional grade levels, if mandated by the Federal government.

This bill now goes to the floor of the Senate for approval.

The Senate Education Appropriations Subcommittee took testimony on SBs 406-411.  These bills are a part of the Governor's Jobs Tomorrow package and include changes to the School Bond Loan Fund. 

The Senate Health Policy Committee reported out SB 205, introduced by Sen. Hammerstrom.  This bill amends the School Code to provide that school districts would require each individual it employs or assigns to be an interscholastic coach to hold valid certification in sport safety training.  The fee for this training is typically between $50-$75 per person and the cost would be borne by the coach unless a district chooses to pay for it. 

House

The House Education Committee began taking testimony on HB 4247, introduced by Rep. Vander Veen.  This bill would require insurance carriers to release claims data to school districts so that the districts would be able to ask for insurance bids when negotiating with school personnel.

Coming Up the Week of May 16

Wednesday, May 18 - The House Education Committee is scheduled to continue taking testimony on HB 4247, introduced by Rep. Vander Veen.  This bill would require insurance carriers to release claims data to school districts so that the districts would be able to ask for insurance bids when negotiating with school personnel.

**The State Board is interviewing the three finalists for the position of State Superintendent.

Thursday, May 19 - The Senate Education Appropriations subcommittee will be taking public testimony on the Governor's recommendation for the School Aid budget.

**The House and Senate Joint Appropriations Committees will be meeting for the May Revenue Consensus Conference.

No other education-related committee meetings are scheduled at this time.

Nancy Stanley
May 16, 2005

Legislative Update for the Week of

May 2, 2005

Senate - The full Senate approved four bills in the Save the Children package introduced by Sen. Cassis. 

SB 327 originally required additional hours in reading instruction for an individual to obtain a teaching certificate in either elementary or secondary education.  The bill has been amended to require additional reading instruction hours after the individual has received his or her initial certificate, as a part of the 18 hours now required to renew a provisional certificate or to advance to a professional certificate.  The bill requires only elementary teachers to take a three-hour course of study and to have the appropriate field experiences for the diagnosis and remediation of disabilities and differentiated instruction.  This must be done in the first three years of employment as a classroom teacher.

SB 328, introduced by Sen. Hardiman, amends the School Aid Act to allow a school district to spend funding from its Durant revenue to implement and operate an early intervention program for pupils in grades K-3.  The program must do the following:

* monitor individual pupil learning and provide specific support or learning strategies.  The program shall include literacy and numeracy supports, sensory motor skill development, behavior supports, instructional consultation for teachers and the development of a parent/school learning plan.
* provide early intervening strategies using school wide systems and is scientifically research-based.

SB 329, introduced by Sen. Cassis, amends the School Aid Act to allow small class size funds to be used for the same purposes as listed above for the Durant funds.  The bill also establishes a $1 million appropriation to create 3 model sites and 15 sites of improvement for early intervention programs.  This appropriation will be to fund the first year of a five-year program.  75% of this grant funding will be for early intervention programs that instruct classroom teachers and support staff on how to monitor individual pupil learning and how to provide specific support or learning strategies.  25% of the funding will be used for other early intervention programs.  MDE will do a report to the governor, Senate and House of outcomes achieved by the grant recipients.

This bill was tie-barred to SB 246, the K-16 Proposal introduced by Sen. Emerson and a bevy of bills related to business, introduced by Sen. Sikkema and others.

SB 330, introduced by Sen. Kuipers amends the School Aid Act to allow at-risk funds to be used for the same purposes as listed above for the Durant funds.

It also sent two bills (SB 324 & 325 - Kindergarten starting age) back to the Education Committee.

The Senate Education Committee met jointly with the Higher Education Appropriations Committee and took testimony on the governor's Merit Award proposal.

The Senate Education Appropriations Subcommittee, met to take testimony on components of the School Aid bill. 

House

The full House sent SB 69, introduced by Sen. Birkholz, to third reading.  This bill would allow students who are suspended to attend a strict disciplinary academy if the placement is recommended by the school district and agreed to by the parents.  Currently, strict disciplinary academies (charter schools specifically created to accept expelled students) are restricted to accepting only students that have been expelled.

The full House also voted on HJR C, introduced by Rep. Moolenaar.  This resolution would amend the state constitution for the governor to appoint the state superintendent.  It also states the appointee would serve at the pleasure of the governor.  There were insufficient votes to approve the resolution (lacking 2).

The House Education Committee took testimony on SB 72, introduced by Sen. Birkholz.  This bill requires the Pledge of Allegiance to be offered daily in all public schools.  It also allows a local board to determine whether or not it would like to provide the Pledge or the national anthem or both at after-school events in at least grades 9-12.  Finally, the bill provides for students to not be compelled to recite the Pledge.

The Committee reported out SB 77, introduced by Sen. VanWoerkom.  This bill allows ROTC classes in grades 7-12 to be counted as instructional time, even if the instructor is not a certified teacher, if the instructor has met all the requirements established under the U.S. Department of Defense and if he or she has received the same criminal history and background check required for a regular classroom teacher.

Coming Up the Week of May 8

Tuesday, May 9 - The House Education Appropriations Subcommittee is meeting to take public testimony on the Governor's School Aid bill.

Thursday, May 11 - The Senate Education Appropriations Subcommittee is scheduled to hear a presentation by Treasury on the School Bond Loan Fund.

Nancy Stanley
May 9, 2005

Legislative Update for the Week of

April 25, 2005

Senate - The full Senate approved HB 4750, introduced by Rep. Ward, which allows school districts to collect for a full year, millage authorized by a Headlee override approved at the May school election.  The bill, PA 12 of 2005, was signed by the Governor on April 28 and is effective immediately.  It is now clear that millage approved in a Headlee override vote in May can be collected for the entire prospective tax year.

The Senate Education Committee reported out two bills.  SB 196, introduced by Sen. Jelinek, allows a member of the legislature to substitute in a classroom without a substitute teaching permit if the legislator has 90 hours of college or university credit and volunteers to work for no pay.  The bill, as amended by committee, also allows the school district to do a criminal history check.  The legislator would be limited to substitute teaching for no more than five days per year.

SB 327, introduced by Sen. Cassis, is part of the Save the Children legislation.  The bill originally required additional hours in reading instruction for an individual to obtain a teaching certificate in either elementary or secondary education.  The bill has been amended to require additional reading instruction hours after the individual has received his or her initial certificate, as a part of the 18 hours now required to renew a provisional certificate or to advance to a professional certificate.  The bill requires only elementary teachers to take a three hour course of study and to have the appropriate field experiences for the diagnosis and remediation of disabilities and differentiated instruction.  This must be done in the first three years of employment as a classroom teacher.

House - The full House approved HB 4118, introduced by Rep. Acciavatti.  This bill requires school districts to develop a policy that prohibits students from competing in interscholastic athletics if the student is determined to be illegally taking steroids or other performance-enhancing substances.  It also requires the Department of Health to develop and release to school districts, a list of those prohibited drugs, such as those identified by the NCAA.  The bill was amended to encourage non-public schools to adopt the same policy.

The full House also approved HB 4594, introduced by Rep. Mortimer.  This bill amends the Drug-Free School Zone Act to include steroids among the drugs restricted from being in a Drug-Free Zone.  The act itself currently allows excluded drugs that are needed for a legitimate use to be allowed within a Drug-Free Zone thereby allowing steroids that are prescribed by a physician and needed through the school day to legally be within the Drug-Free School Zone.

The House Education Appropriations Subcommittee took testimony from the public on the Governor's proposed School Aid bill for 2005-06.  The revenue consensus meeting is scheduled for May 19 and movement on the budget is not expected until then.

The House Education Committee took testimony on HB 4402, introduced by Rep. Hansen.  This bill requires a criminal history check for personnel being hired for a position providing special education services directly to pupils.  If a school district receives a report that the individual has been convicted of a felony or misdemeanor involving sexual or physical abuse, the district must provide a written notice to the individual that a report of this kind has been received.

Coming Up the Week of May 2, 2005

Tuesday, May 3 - The House Education Appropriations Subcommittee is taking testimony on math standards and benchmarking.

The Senate Education Committee and Higher Education Appropriations Subcommittee are discussing proposed changes to the MERIT Award.

Wednesday, May 4 - The House Education Committee is taking up SB 72, introduced by Sen. Birkholz.  This bill requires the Pledge of Allegiance to be offered daily in all public schools.  It also allows a local board to determine whether or not it would like to provide the Pledge or the national anthem or both at after-school events in at least grades 9-12.  Finally, the bill provides for students to not be compelled to recite the Pledge.

The Committee is also taking up SB 77, introduced by Sen. VanWoerkom.  This bill allows ROTC classes in grades 7-12 to be counted as instructional time, even if the instructor is not a certified teacher, if the instructor has met all the requirements established under the U.S. Department of Defense and if he or she has received the same criminal history and background check required for a regular classroom teacher.

Finally, the Committee is also going to meet with MDE to discuss the changes in the MEAP scores.

Nancy Stanley
May 2, 2005

Legislative Update for the Week of

April 18, 2005

Senate - The full Senate approved SB 83 and SB 180.  SB 83, introduced by Sen. Cassis, increases the number of members on the Special Education Advisory committee from a maximum of 27 to a maximum of 33.

SB 180, introduced by Sen. Stamas, allows an individual who taught at a military base prior to Jan 1, 1991 and participates in the teacher retirement system (MPSERS) to purchase time after October 1, 2005.

The Senate Education Committee reported out six bills.  HB 4750, introduced by Rep. Ward, allows school districts to collect for a full year, millage authorized by a Headlee override approved on May 3.  Currently, by law, district rollbacks under Headlee occur at the end of May.  Under the election schedule used by school district prior to the new election consolidation law, school districts could then place an issue on the June ballot to allow the millage rolled back prior to the election, to be collected on the next summer and/or winter tax collection roll.

New election laws now have school districts holding school elections in May.  By leaving the Headlee rollback date at May 31, a school district that at their May school election approves the collection of millage rolled back due to Headlee, would then see that approved millage rolled back on May 31 since the election is held prior to the rollback.  Since the May approval is for a rollback that took place prior to the election the rollback approval will only be good from May 3 to May 31. 

Under HB 4750, the Headlee rollback date is changed to April 30, thereby allowing a May election to take place to approve the collection of the tax rolled back prior to the rollback vote to stay in place for the collection on the next tax roll.  The bill now goes to the full Senate floor where quick action is expected and it is hoped to be on the Governor's desk prior to the May 3 election.

The other bills reported out by the Senate Education Committee are part of the Save the Children package introduced by Sen. Cassis and others.  All of the bills reported out were amended.  Descriptions of the amended bills are below.

SB 324, introduced by Sen. Jelinek, amends the School Code to move the "official" age to start kindergarten to five years old by September 1.  This would be done over a three-year period that begins with the 2007-08 school year. 

School districts would have the discretion to admit students who are five years old by December 1 and who can demonstrate they are ready to start school, if a parent requests this consideration.  If a school district chooses to use this discretionary route, it must be addressed in a policy developed by the school district.  The policy must contain the following:

* who will determine the child's capability to begin school early, superintendent or his or her designee
* the procedure and timeline for the determination
* an appeal procedure by the parent to the board
* if a child is turned down to begin school early, information that shall be provided to the parents.

SB 325, introduced by Sen. Jelinek, amends the School Aid Act to reflect changes made to the School Code and states that when the resident district denies early entry into kindergarten, the child is not eligible for membership in another district or a public school academy.

SB 328, introduced by Sen. Hardiman, amends the School Aid Act to allow a school district to spend funding from its Durant revenue to implement and operate an early intervention program for pupils in grades K-3.  The program must do the following:

* monitor individual pupil learning and provide specific support or learning strategies.  The program shall include literacy and numeracy supports, sensory motor skill development, behavior supports, instructional consultation for teachers and the development of a parent/school learning plan.
* provide early intervening strategies using school wide systems and is scientifically research-based.

SB 329, introduced by Sen. Cassis, amends the School Aid Act to allow small class size funds to be used for the same purposes as listed above for the Durant funds.  The bill also establishes a $1 million appropriation to create 3 model sites and 15 sites of improvement for early intervention programs.  This appropriation will be to fund the first year of a five year program.  75% of this grant funding will be for early intervention programs that instruct classroom teachers and support staff on how to monitor individual pupil learning and how to provide specific support or learning strategies.  25% of the funding will be used for other early intervention programs.  MDE will do a report to the Governor, Senate and House of outcomes achieved by the grant recipients.

SB 330, introduced by Sen. Kuipers amends the School Aid Act to allow at-risk funds to be used for the same purposes as listed above for the Durant funds.

SB 326 and 327, which are also bills in the package, were not reported out and the sponsors continue to work on them.  SB 326 requires one professional development day to be spent on early intervention if a school district has a special education rate above the statewide average.  SB 327 requires additional reading instruction for teacher certification.

House - The House Appropriations Committee continued hearings on the School Aid bill for 2005-06.  The topic this week was the Center for Educational Performance Information. 

The House Education Committee held a joint hearing with the House Health Policy Committee to consider bills on steroids.  The Education Committee reported out HB 4118 introduced by Rep. Acciavatti.  This bill requires school districts to develop a policy that prohibits athletes from competing in school sports if the student is determined to be taking steroids or other performance-enhancing substances.  It also requires the Department of Health to develop and release to school districts, a list of those prohibited drugs, such as those identified by the NCAA.

Coming Up the Week of April 25

Monday, April 25 - The House Education Appropriations subcommittee is scheduled to go to Saginaw and look at early childhood programs.

Tuesday, April 26 - The House Education Appropriations subcommittee is schedule to take public testimony on the Governor's School Aid budget recommendations.

Wednesday, April 27 - The House Education Committee is scheduled to take testimony on HB 4402, introduced by Rep. Hansen.  This bill requires a criminal history check for personnel being hired for a position providing special education services directly to pupils.  If a school district receives a report that the individual has been convicted of a felony or misdemeanor involving sexual or physical abuse, the district must provide a written notice that a report of this kind has been received.

Thursday, April 28 - The Senate Education Appropriations subcommittee is schedule to begin an overview of the Governor's School Aid budget.

At this time, a meeting for the Senate Education Committee has not yet been scheduled.

Nancy Stanley
April 25, 2005

Legislative Update for the Week of

April 11, 2005  

Senate - The Senate Education Committee reported out SB 83 and 180 and took testimony on SB 156.  SB 83, introduced by Sen. Cassis, increases the number of members on the Special Education Advisory committee from a maximum of 27 to a maximum of 33. 

SB 180, introduced by Sen. Stamas, allows an individual who taught at a military base prior to January 31, 1991 and participates in the teacher retirement system (MPSERS) to purchase time after October 1, 2005.  

SB 156, introduced by Sen. Switalski, clarifies parameters for student publications.  The bill would do the following:

• Prohibit a school from subjecting a pupil publication to prior review or prior restraint except under specific circumstances.
• Require a school to appoint a faculty adviser to supervise the production of a pupil publication.
• Require a school to prepare a pupil publication policy consistent with the bill.
• Limit the liability of a school for expressions made by a pupil.
• Provide for the liability of an adult pupil for involvement in or content of a pupil publication.
• Allow a pupil or faculty adviser to bring an action to enforce the bill.
  

 Further discussion on this bill is possible in the future.  

House - The full House passed HB 4750, a bill to allow school districts to collect for a full year, millage authorized by a Headlee override approved on May 3.  Currently, by law, district rollbacks under Headlee occur at the end of May.  Under the election schedule used by school district prior to the new election consolidation law, school districts could then place an issue on the June ballot to allow the millage rolled back prior to the election, to be collected on the next summer and/or winter tax collection roll.  

New election laws now have school districts holding school elections in May.  By leaving the Headlee rollback date at May 31, a school district that at their May school election approves the collection of millage rolled back due to Headlee, would then see that approved millage rolled back on May 31 since the election is held to approve millage already rolled back and the scheduled rollback would not have taken place by the time the election is held.  Since the May approval is for a rollback that took place prior to the election the rollback approval will only be good from May 3 to May 31.   

Under HB 4750, the Headlee rollback date is changed to April 30, thereby allowing a May election to take place to approve the collection of the tax rolled back prior to the election.  This allows the rollback vote to stay in place for the collection on the next tax roll.  The bill now goes to the Senate where quick action is expected and it is hoped to be on the Governor's desk prior to the May 3 election.  

The full House also approved HB 4143 and 4144, introduced by Rep. Moolenaar.  These bills would prohibit students who participate in a fifth year of high school from accessing funding