HB 5919

HOUSE BILL NO. 5919
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 4 and 5 (MCL 380.4 and 380.5),
section 4 as amended by 2011 PA 232 and section 5 as amended by 2019 PA 38, and
by adding sections 562, 564, 565, 566, 567, 568, 569, and 1701b.
the people of the state of michigan enact:
Sec. 4. (1) "Educational media center" means a
program operated by an intermediate school district and approved by the state
board that provides services to local school districts or constituent districts
under section 671.
(2) "Educational provider" means any person or entity,
including an individual teacher acting as an independent contractor selected
and hired directly by a parent or legal guardian, that provides a program,
course, or service under a direct contract with the learner-first district or under
a parent-directed direct-instruction agreement facilitated and funded by the learner-first
district
(3) (2) "Intermediate
school board" means the board of an intermediate school district.
(4) (3) "Intermediate
school district" means a corporate body established under part 7.
(5) (4) "Intermediate
school district election" means an election called by an intermediate
school board and held on the date of the regular school elections of
constituent districts or on a date determined by the intermediate school board
under section 642c of the Michigan election law, MCL 168.642c.
(6) (5) "Intermediate
school elector" means a person who is a school elector of a constituent
district and who is registered in the city or township in which the person
resides.
(7) (6) "Intermediate
superintendent" means the superintendent of an intermediate school
district.
(8) "Learner-first district" means the school district
organized under part 6F.
Sec. 5. (1) "Local act school district" means a
district governed by a local act or chapter of a local act. "Local school
district" and "local school district board" as used in article 3
include a local act school district and a local act school district board.
(2)
"Membership" means the number of full-time equivalent pupils in a
public school as determined by the number of pupils registered for attendance
plus pupils received by transfer and minus pupils lost as defined by rules
promulgated by the superintendent of public instruction.
(3) "Michigan
election law" means the Michigan election law, 1954 PA 116, MCL 168.1 to
168.992.
(4) "Nonpublic
school" means a private, denominational, or parochial school.
(5)
"Objectives" means measurable pupil academic skills and knowledge.
(6) "Public
school" means a public elementary or secondary educational entity or
agency that is established under this act or under other law of this state, has
as its primary mission the teaching and learning of academic and
vocational-technical skills and knowledge, and is operated by a school
district, intermediate school district, school of excellence corporation,
public school academy corporation, strict discipline academy corporation, urban
high school academy corporation, or by the department, the state board, or
another public body. Public school also includes the
learner-first district, a laboratory school,
or other elementary or secondary school that is controlled and operated by a state public university
described in section 4, 5, or 6 of article VIII of the state constitution of
1963.
(7) "Public
school academy" means a public school academy established under part 6a
and, except as used in part 6a, also includes an urban high school academy
established under part 6c, a school of excellence established under part 6e,
and a strict discipline academy established under sections 1311b to 1311m.
(8) "Pupil
membership count day" of a school district means that term as defined in
section 6 of the state school aid act of 1979, MCL 388.1606.
(9)
"Qualifying school district" means a school district that was
previously organized and operated as a first class school district governed by
part 6 that has a pupil membership of less than 100,000 enrolled on its most
recent pupil membership count day, including, but not limited to, a school
district that was previously organized and operated as a first class school
district before June 21, 2016.
(10) "Regular
school election" or "regular election" means the election held
in a school district, local act school district, or intermediate school
district to elect a school board member in the regular course of the terms of
that office and held on the school district's regular election date as
determined under section 642c of the Michigan election law, MCL 168.642c.
(11)
"Reorganized intermediate school district" means an intermediate
school district formed by consolidation or annexation of 2 or more intermediate
school districts under sections 701 and 702.
(12)
"Rule" means a rule promulgated under the administrative procedures
act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
PART 6F
LEARNER-FIRST DISTRICT
Sec. 562. (1) The
learner-first district is created and shall be governed by this part for the
following purposes:
(a) To provide innovative, flexible, transparent, safe, efficient, and
effective public educational services throughout the state.
(b) To provide parents and legal guardians with greater public
educational choices and an increased ability to determine and direct the care,
teaching, and education of their children.
(c) To advance new flexible and adaptable educational models, including
the expanded use of technology in education, online learning, and the provision
of mastery-based learning.
(d) To stimulate innovation in teaching methods, including the use of
computer-adaptive methods of instruction.
(e) To provide new professional opportunities for teachers within the
public education system.
(f) To create new public-private partnerships for the provision of
public educational services.
(2) All of the following apply to the learner-first district created
under this section:
(a) The learner-first district is a school district for the purposes of
section 11 of article IX of the state constitution of 1963.
(b) The learner-first district is subject to the leadership and general
supervision of the state board of education under section 3 of article VIII of
the state constitution of 1963.
(c) The learner-first district is a political subdivision and public
body corporate separate and distinct from this state and other school districts
in this state.
(d) The learner-first district and members of the learner-first district
school board, its superintendent, administrators, officers, employees, and
volunteers have governmental immunity under section 7 of 1964 PA 170, MCL
691.1407.
(e) The learner-first district encompasses a geographic area containing
the entirety of this state.
(3) As used in this section, "mastery-based learning" means
education that includes all of the following elements:
(a) Pupils are empowered daily to make important decisions about their
learning experiences, how they will create and apply knowledge, and how they
will demonstrate their learning.
(b) Assessment is a meaningful, positive, and empowering learning
experience for pupils that yields timely, relevant, and actionable evidence.
(c) Pupils receive timely, differentiated support based on the pupil's
individual learning needs.
(d) Pupils progress based on evidence of mastery, not seat time.
(e) Pupils learn actively using different pathways and varied pacing.
(f) Strategies to ensure equity for all pupils are embedded in the
culture, structure, and pedagogy.
(g) Rigorous, common expectations for learning, including knowledge,
skills, and dispositions, are explicit, transparent, measurable, and
transferable.
Sec. 564. (1)
The learner-first district has all of the rights, powers, and duties expressly
stated in this act; may exercise a power implied or incident to a power
expressly stated in this act; and, except as otherwise provided by law, may
exercise a power incidental or appropriate to the performance of a function related
to the provision of public education services in the interests of public
elementary and secondary education in this state, including, but not limited
to, all of the following:
(a) Educating pupils, in addition to educating pupils in grades K to 12,
this function may include providing preschool, lifelong education, adult
education, community education, training, enrichment, and recreation programs
for other persons. The learner-first district may provide education services
for pupils enrolled in the learner-first district through an agreement,
contract, or other cooperative agreement with any public or private entity,
including, but not limited to, another school district, an intermediate school
district, a public school academy, a community college district, a state public
university, or a library.
(b) Providing for the safety and welfare of pupils enrolled in the learner-first
district while engaged in a public educational service, an activity sponsored
by the learner-first district, or while en route to or from a public
educational service or a learner-first district sponsored activity.
(c) Acquiring, renting, constructing, maintaining, repairing,
renovating, disposing of, or conveying school property, facilities, equipment,
technology, or furnishings.
(d) Hiring, contracting for, scheduling, supervising, or terminating
employees, independent contractors, individuals hired through parent-directed
direct-instruction agreements under section 566, and others, including, but not
limited to, another school district or an intermediate school district, to
carry out learner-first district powers. The learner-first district may
indemnify its employees.
(e) Receiving, accounting for, investing, or expending public school
money; borrowing money and pledging public school funds for repayment;
qualifying for state school aid and other public or private money from local,
regional, state, or federal sources; and accepting gifts or grants from any
public or private source.
(2) The learner-first district may enter into agreements, contracts, concurrent
enrollment agreements, or other cooperative arrangements with other entities,
public or private, including, but not limited to, another school district, an
intermediate school district, a public school academy, a community college
district, a state public university, or a library.
(3) The learner-first district may join organizations as part of
performing the functions of the learner-first district. An agreement, contract,
concurrent enrollment agreement, or other cooperative arrangement that is
entered into under this act is not required to comply with the provisions of
the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512,
as provided under section 3 of the urban cooperation act of 1967, 1967 (Ex
Sess) PA 7, MCL 124.503.
Sec. 565. (1) The
learner-first district created under section 562 is under the supervision and
control of a learner-first district board. The learner-first district board must
consist of 8 members as follows:
(a) Four members appointed by the governor.
(b) Two members nominated by the speaker of the house of representatives
and appointed by the governor.
(c) Two members nominated by the senate majority leader and appointed by
the governor.
(2) Except as otherwise provided in this subsection, an individual
appointed to the learner-first district board shall serve for a term of 8 years
and may be reappointed. The terms for members first appointed must be staggered
so that 2 expire in 2 years, 2 expire in 4 years, 2 expire in 6 years, and 2 expire
in 8 years. A vacancy on the learner-first district board must be filled in the
same manner as the original appointment.
(3) Before beginning the duties of the office, a member of the learner-first
district board shall take and subscribe to the constitutional oath of office as
provided under section 1 of article XI of the state constitution of 1963. The
oath of office must be filed with the secretary of state.
Sec. 566. (1) The
learner-first district board created under section 565 shall identify and
contract with educational providers across this state to provide programs,
courses, and services to pupils who enroll in the learner-first district. To
become an educational provider for the learner-first district under this
section, the individual or organization that wishes to serve as an educational
provider must apply to the learner-first district board in a form and manner
prescribed by the learner-first district board.
(2) The learner-first district board may enter into a contract with an
educational provider only if the learner-first district board determines the
educational provider meets all of the following requirements:
(a) The educational provider has a demonstrated record of improving
pupil achievement in the program, course, or service the provider proposes to
offer, or the educational provider's program, course, or service is a new
approach to instruction that the learner-first district board believes will
likely result in improved pupil achievement.
(b) The proposed program, course, or service to be offered by the
educational provider is consistent with the model core academic content
standards under section 1278, the requirements for a high school diploma under
section 1278a and 1278b, and other applicable provisions of this act.
(c) The educational provider has sufficient operational capacity to
deliver the proposed program, course, or service as described in the
educational provider's contract with the learner-first district board.
(d) The educational provider's proposed program, course, or service does
not discriminate in pupil enrollment based on the pupil's academic or athletic
ability, disability status, race, ethnicity, religious affiliation, geographic
location or any other basis that cannot be used to prohibit enrollment in a
public school.
(e) The educational provider is operating in good standing with all
applicable state and federal law, and meets any other operating standards
established by the learner-first district board.
(3) Except as otherwise provided by law, a program, course, or service
offered by an educational provider must be provided by a certificated teacher,
a faculty member of a community college district, a faculty member of a state
public university, or an individual hired
under subsection (6).
(4) The learner-first district board shall contract with a sufficient
number of educational providers in core academic subjects to allow a pupil to
complete the core academic curriculum or state graduation requirements, as
applicable.
(5) An educational provider approved by the learner-first district board
under subsection (1) may provide instruction in person, virtually, or through a
combination of the 2, and with the assistance of computer-adaptive technology.
(6) The
learner-first district board shall establish and maintain a process through
which parents or legal guardians may select and directly hire an individual
certificated teacher or a faculty member of a community college or state public
university to provide direct, one-to-one, or small-group instruction to the
parent's or legal guardian's child. The learner-first district board shall do
all of the following:
(a)
Maintain an open registry of qualified individuals who have applied and been
approved by the learner-first district board after a criminal background check,
verification of certification or faculty status, and demonstration of
compliance with all applicable state and federal laws.
(b)
Facilitate the formation of a parent-directed direct-instruction agreement
between the individual and the learner-first district. The agreement must
include the individual's compensation rate, instructional hours,
progress-reporting requirements, and any other terms the board deems necessary.
The individual's compensation rate must not exceed the per-pupil foundation
allowance under section 20 of the state school aid act, MCL 388.1620, or the
amount established by learner-first district board policy.
(c)
Disburse public funds directly to the selected individual or, at the parent's or
legal guardian's election, reimburse the parent or legal guardian for payments
already made to the individual in accordance with the agreement. The
learner-first district remains the fiscal agent and retains all accountability
and oversight responsibilities.
(d) Require
each individual providing direct instruction under this subsection to
administer or participate in all state assessments required under this act and
to provide regular progress reports to the learner-first district board,
parents, and legal guardians.
(7) The learner-first district board shall develop a system through
which educational providers are evaluated and information on educational
providers is provided to parents and legal guardians who wish to enroll their
child in the learner-first district. The learner-first district board shall
seek input from educational providers on the evaluation system developed under
this subsection and changes to the evaluation system that can be implemented.
Sec. 567. (1) If
a parent or legal guardian wishes to enroll their child in the learner-first district,
the parent or legal guardian must submit an application for enrollment in a
form and manner prescribed by the learner-first district board. The learner-first
district board may not deny a pupil the opportunity to enroll in the learner-first
district based on the pupil's geographic location, academic or athletic
ability, disability status, race, ethnicity, religious affiliation, or any
other factor that cannot be used to prohibit enrollment in a public school. If
the learner-first district board receives more applications than the learner-first
district's capacity, the learner-first district board must select students for
enrollment using a random selection process.
(2) Any parent or legal guardian may enroll the parent's or legal
guardian's child in the learner-first district. If a parent or legal guardian's
application under subsection (1) is accepted, the parent or legal guardian may
select any of the following:
(a) Programs, courses, or services offered by preapproved educational
providers under contract with the learner-first district board.
(b) An individual teacher for direct instruction under section 566. The
parent or legal guardian has the right to negotiate the specific instructional
plan with the selected teacher subject to learner-first district board approval
of the resulting direct-instruction agreement. The learner-first district board
shall provide support services, including a searchable online registry of
qualified teachers, to assist parents and legal guardians in exercising this
choice.
(3) The learner-first district board shall ensure that each pupil
enrolled in the learner-first district has access to instruction in the subject
areas of reading, spelling, mathematics, science, history, civics, literature,
writing, and English grammar as necessary to provide the pupil with a complete
core academic curriculum or allow the pupil to complete the state graduation
requirements. The learner-first district shall maintain a transcript for each
pupil enrolled in the learner-first district and shall award credit in a
program, course, or service based on objective measures of student achievement
as provided for in the contract entered into with each educational provider
under section 566. A pupil receiving direct
instruction under section 566 shall receive credit based on objective measures
agreed upon in the direct-instruction agreement as described in that section.
(4) The learner-first district board shall ensure that each pupil
enrolled in the learner-first district is administered all state assessments
required under this act.
(5) This section does not prohibit a pupil enrolled in the learner-first
district from satisfying any graduation requirements through dual enrollment in
a postsecondary institution, or from enrolling in a public school for any
course.
(6) The learner-first district shall award a high school diploma to a
pupil who satisfies the state graduation requirements established in sections
1278a and 1278b.
Sec. 568. (1)
The learner-first district is subject to all operational transparency
requirements and fiscal controls that exist for other state educational
agencies, including, but not limited to, the following:
(a) The open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(b) The freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(c) The uniform budgeting and accounting act, 1968 PA 2, MCL 141.421 to
141.440a.
(d) 1947 PA 336, MCL 423.201 to 423.217.
(e) Sections 1134, 1135, 1146, 1153, 1263(3), 1267, and 1274.
(f) Laws concerning participation in state assessments, data collection
systems, state level student growth models, state accountability and
accreditation systems, and other public comparative data collection required
for public schools.
(2) The learner-first district shall make information concerning its
operation and management available to the public in the same manner as is
required by state law for school districts.
Sec. 569. The
validity of the formation of the learner-first district is conclusively
presumed unless questioned in an original action filed in the court of appeals not
later 60 days after the learner-first district is created under this part. The
court of appeals has original jurisdiction to hear an action under this
section. The court shall hear the action in an expedited manner.
Sec. 1701b. (1) The
learner-first district board created under section 565 shall, subject to the
approval of the state board of education, develop and implement a plan for the
delivery of special education services to eligible pupils enrolled in the learner-first
district.
(2) For the
purposes of ensuring that a student with a disability enrolled in the learner-first
district is provided with special education programs and services, the learner-first
district is considered to be an intermediate school district under this
article.
(3) The learner-first
district may not levy ad valorem property taxes or another tax for the purpose
of providing special education programs or services, or for any other purpose.
The state board of education shall adopt and implement a plan through which intermediate
school district funds meant to be used for the provision of special education
programs or services for a pupil residing in the intermediate school district may
be transferred to the learner-first district for that pupil's education.