October 14, 2015, Introduced by Reps. Singh and Zemke and referred to the Committee on Appropriations.
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending section 11 (MCL 388.1611), as amended by 2015 PA 85,
and by adding section 59.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11. (1) For the fiscal year ending September 30, 2015,
there is appropriated for the public schools of this state and
certain other state purposes relating to education the sum of
$11,814,097,400.00 from the state school aid fund, the sum of
$18,000,000.00 from the MPSERS retirement obligation reform reserve
fund created under section 147b, and the sum of $33,700,000.00 from
the general fund. For the fiscal year ending September 30, 2016,
there is appropriated for the public schools of this state and
certain other state purposes relating to education the sum of
$12,074,660,100.00
$12,077,160,100.00 from the state school aid
fund and the sum of $45,900,000.00 from the general fund. In
addition, all other available federal funds are appropriated each
fiscal year for the fiscal years ending September 30, 2015 and
September 30, 2016.
(2) The appropriations under this section shall be allocated
as provided in this article. Money appropriated under this section
from the general fund shall be expended to fund the purposes of
this article before the expenditure of money appropriated under
this section from the state school aid fund.
(3) Any general fund allocations under this article that are
not expended by the end of the state fiscal year are transferred to
the school aid stabilization fund created under section 11a.
Sec. 59. (1) From the appropriations in section 11, there is
allocated for 2015-2016 an amount not to exceed $2,500,000.00 for
payments to intermediate districts under this section. An
intermediate district shall use money received under this section
to offset the costs of identifying pupils who are gifted and
talented, as provided under this section, or for reimbursing
districts that perform 1 or more of the functions under this
section under an arrangement with the intermediate district. The
amount of the payment to each intermediate district under this
section shall be an equal per-pupil amount calculated by dividing
the total amount allocated under this section by the total number
of pupils in membership statewide for 2015-2016 and multiplying
that amount by the total number of pupils in membership in
districts located in the intermediate district for 2015-2016.
(2) Not later than March 1, 2016, each intermediate district
shall implement measures to identify pupils who are gifted and
talented. Except for developing a method for identifying pupils who
are gifted and talented under subdivision (a), an intermediate
district may allow 1 or more of the districts located within the
intermediate district to implement 1 or more of these measures at
the district level under an arrangement with the intermediate
district. These steps shall include all of the following:
(a) The intermediate district shall develop a method for the
identification of pupils as gifted and talented. The method of
identification shall conform to these general principles:
(i) Standards shall ensure the identification of pupils who
possess a capacity for excellence far beyond that of their
chronological peers.
(ii) Methods shall be designed to seek out and identify those
pupils whose extraordinary capacities require special services and
programs.
(iii) Provision shall be made for examining a pupil's range of
capacities.
(iv) Methods and techniques of identification shall generate
information as to a pupil's capacities and needs.
(v) There shall be equal opportunity to be identified in the
categories served.
(vi) Methods shall be designed to seek out and identify gifted
and talented pupils from varying linguistic, economic, and cultural
backgrounds.
(b) An intermediate district, or a district under an
arrangement with the intermediate district, shall use 1 or more of
the following categories in identifying pupils as gifted and
talented. In all categories, identification of a pupil's
extraordinary capability shall be in relation to the pupil's
chronological peers:
(i) Intellectual ability: A pupil demonstrates extraordinary
or potential for extraordinary intellectual development.
(ii) Creative ability: A pupil characteristically does the
following:
(A) Perceives unusual relationships among aspects of the
pupil's environment and among ideas.
(B) Overcomes obstacles to thinking and doing.
(C) Produces unique solutions to problems.
(iii) Specific academic ability: A pupil functions at highly
advanced academic levels in particular subject areas.
(iv) Leadership ability: A pupil displays the characteristic
behaviors necessary for extraordinary leadership.
(v) High achievement: A pupil consistently produces advanced
ideas and products or attains exceptionally high scores on
achievement tests.
(vi) Visual and performing arts talent: A pupil originates,
performs, produces, or responds at extraordinarily high levels in
the arts.
(c) Before identification under subdivision (b), an
intermediate district, or a district under an arrangement with the
intermediate district, shall compile pertinent evidence as to a
pupil's capacity for excellence far beyond that of chronological
peers. Appropriate data to be collected by the intermediate
district or district may include: school, class, and individual
pupil records; individual tests (including summary and evaluation
by credentialed school psychologist); group tests; and interviews
and questionnaires (teacher, parent, and others). The range of data
shall be broad enough to reveal gifts and talents across cultural,
economic, and linguistic groups. Evidence of a pupil's capability
may also be derived from pupil products, comments from peers, and
opinions of professional persons. Studies of the factors
contributing to a pupil's underachievement and studies of a pupil's
underachievement resulting from handicapping or disadvantaged
conditions shall be considered. The pertinent evidence shall
reflect consideration of the economic, linguistic, and cultural
characteristics of the pupil's background.
(d) The intermediate superintendent, or the district
superintendent or chief administrative officer, or his or her
designee, shall make the final determination identifying a pupil as
gifted and talented in accordance with procedures adopted by the
intermediate district. This individual shall base the decision upon
the evaluation of the pertinent evidence by the school principal or
a designee of the school principal, a classroom teacher familiar
with the schoolwork of the pupil, and, when appropriate, a
credentialed school psychologist. To determine the full range of a
pupil's capability, an individual recognized as an expert in the
gifted and talented category under consideration, or an individual
who has in-depth understanding of the pupil's linguistic or
cultural group, or both, shall participate in the evaluation of the
evidence unless there is no doubt that the pupil is gifted and
talented. These individuals may review screening, identification,
and placement data in serial order if these individuals meet to
resolve differences in assessment and recommendations. This
subdivision does not prohibit the use of an identification
committee.
(3) Not later than April 1, 2016, each intermediate district
shall provide to the department, in the form and manner prescribed
by the department, a report that does both of the following:
(a) Summarizes the measures the intermediate district and its
districts have implemented to identify pupils who are gifted and
talented, detailing the method of identification, and specifying
the number of those pupils enrolled in each grade level in
districts located within the intermediate district.
(b) Estimates, on a per-pupil basis, the added costs that
would be incurred at the intermediate district and district levels
for providing for the pupils identified as being gifted and
talented quality gifted and talented education programs that meet
guidelines established by the national association for gifted
children.
(4) Notwithstanding section 17b, payments to intermediate
districts under this section shall be paid on a schedule determined
by the department.
(5) It is the intent of the legislature to allocate under this
act for 2016-2017 an amount not to exceed $5,000,000.00 for the
implementation of pilot gifted and talented education programs for
the 2016-2017 school year. These pilot programs may be operated at
the district or intermediate district level and shall be required
to meet guidelines established by the national association for
gifted children.
(6) As used in this section, "gifted and talented" means
children and youth with outstanding talent who perform or show the
potential for performing at remarkably high levels of
accomplishment when compared with others of their age, experience,
or environment; who exhibit high performance capability in 1 or
more intellectual, creative, or artistic areas, possess an unusual
leadership capacity, or excel in 1 or more specific academic
fields; who require services or activities not ordinarily provided
by schools; and who may be found in all cultural groups, across all
economic strata, and in all areas of human endeavor.