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Links to current Advocacy Campaigns
may be found in the Legislative Action Center
Service Tax in Effect for 15 Hours Before Elimination
Governor Signs Service Tax Amnesty Bill
Teacher Certification
Personal Curriculum: Transfers
Special Education Students' Rights
Student with a Disability
School Board Members as Volunteers
School Employees and Volunteers
Michigan Promise Zone Act
Web Site Eases College Credit Transfer
2007 - 2087 Michigan Department of Education Grants
OOPS - Correction in November Capitol Report
Service Tax in Effect for 15 Hours Before Elimination
Governor Granholm signed House Bill 5408 on December 4 to become Public Act 145 of 2007, replacing the controversial use tax with a business tax surcharge.
At 12:37 a.m. Saturday, December 1, House and Senate leaders and the Governor's administration formally announced they had at long last agreed on a plan to swap the use tax expansion to some services with an additional surcharge on the Michigan Business Tax.
It took an emergency session of the House on Saturday afternoon following hours of negotiations Friday and action by the Senate in the predawn hours. Final action came 15 hours after the service tax went into effect.
Although the service tax repeal is immediate, the surcharge will start when the new Michigan Business Tax goes into effect on January 1, 2008, with a January 1, 2017 sunset containing economic triggers.
The effective surcharge rate under Public Act 145 is 21.99 percent and the cap on any one company's liability for the surcharge is $6 million. The surcharge replaces the roughly $614 million the service tax would have collected in the first year and the $750 million it was to produce in a full fiscal year.
Business taxpayers will also be rebated if the Michigan Business Tax collects more than is expected (Consumer Price Index plus .75 percent). The way it works out is that 40 percent of the extra money would be placed into the Budget Stabilization Fund and the other 60 percent would be split into rebates to business taxpayers.
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Governor Signs Service Tax Amnesty Bill
Governor Jennifer Granholm has signed Senate Bill 845 to become Public act 148 of 2007, giving legal amnesty to businesses that did not collect the use tax expansion on services for the 15 hours it was in effect on December 1. Customers who paid the tax can apply for a refund from the business or the state Department of Treasury.
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Teacher Certification
House Bill 4591 (Hopgood, D-Taylor) has been signed to become Public Act 144 of 2007. This bill amends the Revised School Code to do the following:
- Increase fees for teaching certificates and permits, generally by $35 and $20, respectively.
- Require the Department of Education to create a teacher certification database.
- Require the Department to fund the system from the proposed fee increases.
- Require teacher preparation institutions and subject area specialty programs to be approved by the State according to existing administrative rules.
- Provide that teacher preparation programs and specialty programs would be subject to periodic review; establish fees for the periodic review; and require the fee revenue to be deposited in the Teacher-Administrator Preparation and Certification Fund.
Specifically, the act requires the Department to establish and implement a teacher certification database system no later than July 1, 2010, that provides for at least all of the following:
- Enable teachers to renew a professional teaching certificate on-line, with on-line credit card payment capability.
- A central registry that documented each teacher's professional development activities and completion of State Board of Education continuing education units.
- Improved compatibility with the registry of educational personnel data reporting system.
- Improved efficiency of the teacher preparation institution web-based teacher certification recommendation process.
- Improved capacity to generate reports about the number of certificates and endorsements issued.
- Improved quality control through customization of the system.
Under the Public Act 144, a teacher preparation institution and its subject area specialty programs have to be approved by the State, and be subject to periodic review for conformance with State Board standards and procedures. For approval or periodic review of a teacher preparation program, a State-approved teacher preparation institution has to pay $2,000 (if total student enrollment were less than 2,000) or $3,500 (enrollment greater than 2,000 students). A State-approved teacher preparation institution has to pay a $300 fee for approval or periodic review of a subject area specialty program.
The Code requires applicants for teaching certificates, permits, authorizations, or endorsements to pay specified fees as a condition of being evaluated for conformance with applicable requirements. The act increases fees as shown in Table 1, as well as add a new fee for a school counselor license.
Effective November 19, 2007, an applicant shall pay the following fees to the Department of Education:
| Original Application Fee |
In-State |
Out-of-State |
| Provisional teaching certificate |
$160.00 |
$210.00 |
| Professional teaching certificate |
160.00 |
210.00 |
| Vocational temporary authorization or interim occupational certificate |
160.00 |
210.00 |
| Occupational education certificate |
160.00 |
210.00 |
| Additional teaching certificate endorsement |
50.00 |
|
| Substitute teacher permit |
45.00 |
|
| Full-year teacher permit |
45.00 |
|
| Emergency permit |
45.00 |
|
| Annual occupational authorization |
40.00 |
|
| Duplicate certificate or authorization |
25.00 |
|
| School psychologist certificate |
160.00 |
210.00 |
| Temporary special education approval |
50.00 |
|
| School administrator certificate for persons eligible for certificate after July 1, 1988 |
160.00 |
210.00 |
| School administrator endorsement |
50.00 |
|
| School counselor license |
160.00 |
210.00 |
| Renewal or Reinstatement Application Fee
|
| In-State |
| Provisional teaching certificate
|
| $100.00 |
| Continuing teaching certificate reinstatement
|
| 50.00 |
| Professional teaching certificate
|
| 160.00 |
| Vocational temporary authorization or interim occupational certificate
|
| 100.00 |
| Occupational education certificate
|
| 160.00 |
| School psychologist certificate
|
| 160.00 |
| School administrator certificate
|
| 160.00 |
| School counselor license
|
| 160.00 |
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Personal Curriculum: Transfers
Senate Bill 403 (Kuipers, R-Holland) has been signed to become Public Act 141 of 2007, effective November 14, 2007. This law permits the parent or legal guardian of a transfer student who has completed at least two years of high school credit out of State or at a nonpublic school to request additional modifications of the Michigan Merit Standard as part of his or her personal curriculum, if all of the following are met:
- The personal curriculum incorporated as much of the subject area content of the Michigan Merit Standard as was practicable for the pupil.
- The personal curriculum included the civics course required under law.
- The personal curriculum requires the pupil to successfully complete at least one math course during his or her final year of high school enrollment.
- If the pupil is enrolled in the school district for at least one full school year, that math course must be at least algebra I.
- If the pupil demonstrated that he or she had mastered the content of algebra I, the personal curriculum must require that the course be one normally taken after the completion of algebra I.
The school district or PSA can use appropriate assessment examinations to determine what credits, if any, the pupil had earned out of State or at a nonpublic school that could be used to satisfy the curricular requirements of the Michigan Merit Standard.
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Special Education Students' Rights
Senate Bill 571 (Kuipers, R-Holland) has been signed to become Public Act 138 of 2007, effective November 13, 1007. This bill ensures that the Michigan Revised School Code is in compliance with federal law requiring access to free, appropriate public education in the least restrictive environment possible for students with disabilities, even in the event they were expelled or suspended from school.
Several years ago, it was discovered that language in the Michigan Revised School Code regarding suspension or expulsion of students that was not broad enough to protect all rights of individuals with disabilities under IDEA. Consequently, each year when Michigan Department of Education officials submit the performance plan to the federal government, the plan receives only "conditional" approval.
Senate Bill 571 amends the Revised School Code to say that certain sections of the law concerning student expulsion or suspension would not diminish "any" rights (rather than "the due process rights," as currently provided) of a special education student under federal law. Public Act 138 also replaces the term "handicapped" with the phrase "eligible for special education programs and services."
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Students with a Disability Bill Includes PSA Amendment
Senate Bill 730 (Gleason, D-Flushing) would amend the Revised School Code to replace references to a "handicapped person" with "student with a disability," and to state that a section of the code concerning the expulsion or suspension of a pupil would not diminish "any" rights (rather than "due process rights") of a special education pupil under federal law.
The code contains references to a "handicapped person," "handicapped pupil," and "handicapper" in certain definitions and other provisions throughout the code. The bill would replace those terms with "student with a disability."
"Student with a disability" would mean that term as defined as follows: "A person who is determined by an individualized education program team or a hearing officer to have one or more of specified impairments that necessitate special education or related services, or both, who is not more than 25 years of age as of September 1 of the school year of enrollment, who has not completed a normal course of study, and who has not graduated from high school."
Senate Bill 730 was amended on the in the House to allow a one-year window for charter schools to transfer their pupils and property to another public school without having to disband the school or hold a lottery for its pupils. A pupil who is transferred is not required to actually enroll in the other school, but may exercise any educational choice allowed under law. AFT Michigan is closely monitoring this amendment and working with Legislators toward its revision.
Senate Bill 730 passed the Senate, but was substituted in the House. The House substitute was passed by the House and is now before the Senate for their consideration.
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School Board Members as Volunteers
House Bill 4220 (Espinoza, D-Croswell) would permit a school board member to serve as a volunteer coach or supervisor of an extracurricular activity, under certain conditions.
Public Act 566 of 1978, prohibits a public officer or public employee from holding two or more incompatible offices at the same time, with some exceptions. Under House Bill 4220, that provision would not prohibit a member of a school board from being appointed to or serving as a volunteer coach or supervisor of a student extracurricular activity if all of the following conditions were present:
- The school board member received no compensation for that service.
- During the period he or she served as a volunteer, the member abstained from voting on issues before the school board concerning that program.
- There is no qualified applicant available to fill the position if the school board member were excluded.
- The appointing authority had received the results of a criminal history check and criminal background check from the Department of State Police or the FBI for the member.
House Bill 4220 passed the House, but was substituted by the Senate Education Committee.
Senate Substitute 1 is currently before the full Senate for approval. If passed by the Senate, it must be returned to the House for their concurrence, followed by the Governor's signature, before it becomes law.
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School Employees and Volunteers
Senate Bill 386 (Patterson, R-Canton) would prohibit, and classify as criminal sexual conduct, sexual penetration or sexual contact with a student by a school employee, contractual worker, volunteer, or government employee assigned to a public school district, nonpublic school, or ISD. The bill would also prohibit, and classify as third- and fourth-degree criminal sexual conduct, sexual penetration and sexual conduct with certain special education students by a teacher, substitute teacher, school administrator, school employee, contractual worker, volunteer, or government employee assigned a public school district, nonpublic school, or ISD.
Senate Bill 386 would expand current criminal sexual conduct provisions prohibiting sexual relationships between teachers and students to apply to other school personnel, volunteers, and government workers assigned to a public school district, nonpublic school, or ISD. The bill would also expand the current and proposed prohibition on sexual relationships between students and school personnel be extended to special education students.
Senate Bill 386 has been approved the Senate and House and ordered enrolled. It will soon be presented to the Governor for her signature. When enacted, the provisions of this bill will become effective on July 1, 2008.
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Michigan Promise Zone Act
House Bill 5375 (Melton, D-Auburn Hills) would create a new act known as the Michigan Promise Zone Act, which would allow the governing bodies of certain communities (called "eligible entities") to create promise zone authorities.
Those authorities could identify "promise zones," and then create a "promise zone development plan" for the purpose of ensuring financial assistance for postsecondary education to public, PSA, or private high school graduates, as well as GED holders who live within the zone's boundaries.
The bill defines "eligible entities" to mean a city, township, county, local school district, or intermediate school district, in which the percentage of children under age 18 living at or below the federal poverty level is greater than the state average of children under age 18 living at or below the federal poverty level, as determined by the Department of Treasury.
The bill also provides for the capture of one half of the incremental growth in revenue from the State Education Tax in a zone, with the captured amount returned to the promise zone for use in funding tuition payments. A zone would need to have raised money and paid out tuition assistance before any captured tax revenue would be available. The program would be administered by the Michigan Department of Treasury.
House Bill 5375 was substituted on the floor of the House and passed on the last day of session for this year.
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Web Site Eases College Credit Transfer
The Michigan Transfer Network (MTN), created in collaboration by Michigan State University and the Michigan Association of College Registrar and Admissions Officers and endorsed by Lt. Governor John Cherry, is designed to help eliminate the confusion that often accompanies transferring from a two-year community college to a four-year university.
The Lieutenant Governor chairs the Cherry Commission, which aims to improve Michigan's economy through an increase in higher education. The commission's goals include promoting the value of post-secondary education and encouraging students at the community college level to complete their education at a four-year university. Lieutenant Governor Cherry said part of that process is helping a record number of community college students to transfer smoothly.
The web site is not only for students transferring from community colleges to universities, but for anyone transferring from one school in Michigan to another.
Experts say losing college credits when transferring to a four-year university is a waste of time, money and energy. Now this new program is intended to ease the transition process and ensure students that as many of their credits as possible will transfer. Enter the web site at:
http://www.michigantransfernetwork.org/
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2007 - 2087 Michigan Department of Education Grants
The AFT Michigan website has been updated to include allocations to our locals for the grants listed below. Please check out the website at http://www.aft.org to see if your school qualified for any these grants.
2005 - 2006 Title III, Part A - Immigrant Grant Program (NCLB)
2007 - 2008 Title I, Part A - Regional Assistance to High Priority Schools (NCLB)
2007 - 2008 Title V, Part A - Innovative Programs (NCLB)
2007 - 2008 Title VI, Part B - Rural and Low-Income School Program (NCLB)
2007 - 2008 Reading First
2007 - 2008 Homeless Education Assistance Improvement Act Grants
2007 - 2008 Individuals with Disabilities Education Act, Part B Formula Grants (IDEA) (ISD's)
2007 - 2008 Individuals with Disabilities Education Act, Part B Formula Grants (IDEA) (SPSR)
2007 - 2008 Individuals with Disabilities Education Act, Part B Mandated Activities Projects (IDEA)
2007 - 2008 Perkins Secondary Career and Technical Education State Leadership Grant Program
2007 - 2008 Perkins Secondary Career and Technical Teacher Education Program Improvement Grants
2007 - 2008 Perkins Secondary Career and Technical Education Student Organizations Program Grants
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OOPS - Correction in November Capitol Report
2007 - 2008 School Aid Budget - Adult Education - Maintains $24 million with payments based on 90% enrollment and 10% completion, not 75% enrollment and 25% completion as previously published. (Sec. 107)
Lobby Day 2008 * * * Tuesday, April 22
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