BillCam

HOUSE BILL No. 6314

September 5, 2018, Introduced by Rep. Kelly and referred to the Committee on Education Reform.

A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending section 1284b (MCL 380.1284b), as amended by 2006 PA

235, and by adding sections 1173 and 1173a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1173. (1) A board of a school district may apply to the

superintendent of public instruction for permission to operate as a

public innovative district. An application under this subsection

must be submitted no later than March 1 of the school year

immediately preceding the school year in which the school district

seeks to begin operating as a public innovative district and must

include at least all of the following:

(a) A statement of commitment from the board outlining the

school district's vision for competency-based education,

personalized learning, and "any time, any place, any way, any pace"

learning.

(b) A description of the instructional program to be

implemented in the school district.

between the school district, parents, and the community.

(d) A description of the expected benefits of the innovative

practices for pupils.

(e) An explanation of how pupil performance in achieving

specified outcomes will be measured, evaluated, and reported using

multiple measures to inform pupil progress.

(f) A copy of the resolution to seek permission to operate as

a public innovative district passed by the board.

(2) Not later than 60 days after receiving an application

under subsection (1), the superintendent of public instruction

shall approve or deny the application. The superintendent shall

approve an application that is in compliance with this section or

deny an application that is not in compliance with this section.

(3) Not later than 10 days after the superintendent of public

instruction has approved or denied an application under subsection

(2), the superintendent shall provide notice of the approval or

denial to the board of the school district that submitted the

application and the education accountability policy commission, in

a form and manner prescribed by the superintendent.

(4) If the superintendent of public instruction denies an

application under subsection (2), the education accountability

policy commission shall hold a hearing on the application not later

than 30 days after the superintendent provides notice of the denial

under subsection (3). The education accountability policy

commission shall provide representatives of the school district

that submitted the application an opportunity to present

information refuting the basis for the denial. Not later than 30

days before the hearing, the education accountability policy

commission shall provide notice of the hearing to the board of the

school district that submitted the application.

(5) Not later than 60 days after the hearing under subsection

(4), the superintendent of public instruction shall approve the

application, deny the application, or issue an approval of the

application that is contingent on compliance with certain

conditions. The superintendent shall provide notice of his or her

decision under this subsection to the board of the school district

that submitted the application, including any conditions on which

an approval is contingent and the deadline by which the conditions

must be met, as applicable. If the school district fails to meet

the conditions by the deadline, the superintendent of public

instruction shall deny theapplication.

(6) If the superintendent of public instruction approves an

application under subsection (2), the school district that

submitted the application shall begin operating as a public

innovative district beginning with the school year immediately

following the school year in which the application was approved.

(7) An approval to operate as a public innovative district

granted under this section is valid for 5 school years, beginning

with the school year immediately following the school year in which

an application was approved, and may be renewed every 5 years. Not

later than 90 days before the expiration of an approval to operate

as a public innovative district, a school district operating as a

public innovative district may submit a renewal application to the

superintendent of public instruction for permission to continue

operating as a public innovative district for an additional 5

school years. A renewal application submitted under this subsection

must include at least all of the following:

(a) Evidence that the pupils enrolled in the school district

met the standards on the applicable state assessments, or an

alternative assessment adopted under subsection (14), during the

current period of operation as a public innovative district.

(b) Evidence that the school district has demonstrated

improvement in its course completion rate during the current period

of operation as a public innovative district.

achieving the goals, outcomes, and competencies described in the

district's application under subsection (1).

(8) The superintendent shall approve a renewal application

that is in compliance with this section or deny a renewal

application that is not in compliance with this section. Not later

than 10 days after the superintendent has approved or denied a

renewal application, the superintendent shall provide notice of the

approval or denial to the board of the school district that

submitted the renewal application and the education accountability

policy commission, in a form and manner prescribed by the

superintendent.

(9) If the superintendent of public instruction denies a

renewal application under subsection (8), the education

accountability policy commission shall hold a hearing on the

renewal application not later than 30 days after the superintendent

provides notice of the denial under subsection (8). The education

accountability policy commission shall provide representatives of

the school district that submitted the renewal application an

opportunity to present information refuting the basis for the

denial. Not later than 30 days before the hearing, the education

accountability policy commission shall provide notice of the

hearing to the board of the school district that submitted the

renewal application.

(10) Not later than 60 days after the hearing under subsection

(9), the superintendent of public instruction shall approve the

renewal application, deny the renewal application, or issue an

approval of the renewal application that is contingent on

compliance with certain conditions. The superintendent shall

provide notice of his or her decision under this subsection to the

board of the school district that submitted the renewal

application, including any conditions on which an approval is

contingent and the deadline by which the conditions must be met, as

applicable. If the school district fails to meet the conditions by

the deadline, the superintendent of public instruction shall deny

the renewal application.

(11) A school district that operates as a public innovative

district under this section shall develop or adopt, and implement,

an instructional program that includes, but is not limited to, all

of the following:

(a) Procedures for diagnosing pupil learning needs.

(b) Methods and strategies for teaching that incorporate

learner needs.

(d) Techniques for evaluating student outcomes.

(e) The provision of remedial instruction, as needed.

(12) A school district operating as a public innovative

district may offer extended learning opportunities that meet at

least all of the following:

(a) Include activities designed to provide credit or

supplement regular academic courses.

(b) Include activities designed to promote the educational

goals and objectives of the pupil and the school in which the pupil

is enrolled.

implementing extended learning activities.

(d) Provide opportunities for pupils to acquire knowledge and

skill development comparable to knowledge and skill development in

courses offered at the school.

(e) Are available to all pupils.

(f) Include activities that supplement and enrich regular

academic courses.

(g) Include activities that provide opportunities for social

development.

(h) Include activities that encourage participation in the

arts, athletics, and other cooperative groups.

(i) Include activities that encourage service to school and

community.

(13) If a school district operating as a public innovative

district offers extended learning opportunities under subsection

(12), the school district shall adopt a policy on extended learning

opportunities that meets at least all of the following:

(a) Provides for the administration and supervision of the

extended learning opportunities.

(b) Encourages certified educators to oversee an individual

pupil's extended learning opportunity.

rigorous standards and be approved by the school before

implementation. Each extended learning proposal must address the 4

elements of rigor in extended learning opportunities: research,

reflection, product, and presentation.

(d) Specifies that credits can be granted for extended

learning activities, including, but not limited to, independent

study, private instruction, team sports, performing groups,

internships, community service, and work study. 

(e) Requires that any credit granted to a pupil is based on a

pupil's demonstration of competencies, as approved by certificated

educators.

(14) A school district operating as a public innovative

district may do all of the following:

(a) Adopt and implement an alternative assessment of pupil

progress that meets the requirements of the every student succeeds

act, Public Law 114-95.

(b) Operate a year-round program.

(d) Design courses based on the interests of individual

pupils.

(15) A school district operating as a public innovative

district shall do at least both of the following:

(a) Measure and track pupil competencies, rather than

instructional hours, as the basis for awarding credit.

(b) Assign a mentor to each pupil.

(16) It is the intent of the legislature to appropriate

funding for a statewide auditor to perform audits for each school

district operating as a public innovative district. The education

accountability policy commission created under section 1173a shall

select the auditor and shall ensure that the auditor has a

background in both accounting and education. The auditor shall

supplement the services provided by the auditor of the intermediate

school district of which the school district is constituent.

(17) The superintendent of public instruction and the

department's innovation council shall provide technical advice and

assistance to a school district completing an application under

subsection (1).

(18) As used in this section:

(a) "Education accountability policy commission" means the

education accountability policy commission created under section

1173a.

(b) "Extended learning opportunity" means a learning program

that occurs outside of a school setting.

are pupil-centered, competency-based, and not bound by measures of

time or place.

Sec. 1173a. (1) The education accountability policy commission

is created in the department. The commission consists of the

following 13 members:

(a) Three members appointed by the governor who represent

business sectors that are important to this state's economy and

rely on a college- or career-ready workforce, nonprofit

organizations and associations that promote college and career

education, K-12 and postsecondary institutions involved in college

and career education, or other sectors as determined appropriate by

the governor.

(b) One member appointed by the senate majority leader, in

consultation with the chairperson of the senate standing committee

on education.

representatives, in consultation with the chairperson of the house

standing committee on education.

(d) The superintendent of public instruction, or his or her

designee.

(e) One member appointed by the superintendent of public

instruction from among nominees submitted by statewide

organizations representing public school academies.

(f) One member appointed by the superintendent of public

instruction from among nominees submitted by statewide

organizations representing school administrators working in school

districts.

(g) A currently serving school board member appointed by the

superintendent of public instruction from among nominees submitted

by statewide organizations representing school boards.

(h) One member appointed by the governor from among nominees

submitted by statewide organizations representing urban school

districts.

(i) One member appointed by the governor from among nominees

submitted by statewide organizations representing rural school

districts.

(j) One member appointed by the governor from among nominees

submitted by statewide organizations representing parents of

pupils.

(k) One member appointed by the governor from among nominees

submitted by statewide organizations representing teachers.

(2) Initial education accountability policy commission members

must be appointed under subsection (1) not later than July 1, 2019.

(3) The members of the education accountability policy

commission shall elect a chairperson of the commission and other

officers the commission determines appropriate.

(4) Members of the education accountability policy commission

shall be appointed for 4-year terms.

(5) A vacancy on the education accountability policy

commission must be filled in the same manner as the original

appointment. A member appointed to fill a vacancy caused by a

resignation or death shall be appointed for the balance of the

unexpired term.

(6) The governor may remove a member of the education

accountability policy commission for incompetence, dereliction of

duty, malfeasance, misfeasance, or nonfeasance in office, or any

other good cause.

(7) Members of the education accountability policy commission

shall serve without compensation. However, members of the

commission may be reimbursed for their actual and necessary

expenses incurred in the performance of their official duties as

members of the commission.

(8) The education accountability policy commission may

establish subcommittees that may consist of individuals who are not

members of the commission, including, but not limited to, experts

in matters of interest to the commission.

(9) A majority of the members of the education accountability

policy commission constitute a quorum for conducting business. A

vote of a majority of the members of the commission present and

serving is required for the official action of the commission.

Sec. 1284b. (1) Until subsection (2) applies to the school

district, public school academy, or intermediate school district,

the board of a school district or intermediate school district or

board of directors of a public school academy shall ensure that the

district's or public school academy's schools are not in session on

the Friday before Labor day.Day.

(2) Except as otherwise provided in this section and except

for a school district operating as a public innovative district

under section 1173, the board of a school district or intermediate

school district or board of directors of a public school academy

shall ensure that the district's or public school academy's school

year does not begin before Labor day.Day.

(3) If a collective bargaining agreement that provides a

complete school calendar is in effect for employees of a school

district, public school academy, or intermediate school district as

of the effective date of the amendatory act that added subsection

(2), September 29, 2005, and if that school calendar is not in

compliance with subsection (2), then subsection (2) does not apply

to that school district, public school academy, or intermediate

school district until after the expiration of that collective

bargaining agreement.

(4) If a school district, intermediate school district, or

public school academy is operating a year-round school or program

as of September 29, 2005 or is operating as of that date a school

that is an international baccalaureate academy that provides 1,160

hours of pupil instruction per school year, then subsection (2)

does not apply to that school or program. If a school district,

intermediate school district, or public school academy begins

operating a year-round school or program after September 29, 2005,

the school district, intermediate school district, or public school

academy may apply to the superintendent of public instruction for a

waiver from the requirements of subsection (2). Upon application,

if the superintendent of public instruction determines that a

school or program is a bona fide year-round school or program

established for educational reasons, the superintendent of public

instruction shall grant the waiver. The superintendent of public

instruction shall establish standards for determining a bona fide

year-round school or program for the purposes of this subsection.

(5) If an intermediate school district contracts with a

constituent district or public school academy to provide programs

or services for pupils of the constituent district or public school

academy; operates a program or service within a building owned by a

constituent district or a public school academy located within the

intermediate school district's boundaries; or otherwise provides

instructional programs or services for pupils of a constituent

district or public school academy, and if the school district's or

public school academy's school year begins before Labor day Day

under subsection (3) or (4), then the intermediate school district

may provide programs or services according to the school district's

or public school academy's calendar.

(6) This section does not apply to a public school that

operates all of grades 6 to 12 at a single site, that aligns its

high school curriculum with advanced placement courses as the

capstone of the curriculum, and that ends its second academic

semester concurrently with the end of the advanced placement

examination period.

(7) This section does not prohibit a school district,

intermediate school district, or public school academy from

offering or requiring professional development for its personnel

that is conducted before Labor day.Day.

(8) As used in this section, "Labor day" Day" means the first

Monday in September.

Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.

Enacting section 2. This amendatory act does not take effect

unless Senate Bill No.____ or House Bill No. 6315 (request no.

05404'18 a) of the 99th Legislature is enacted into law.