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THE STATE SCHOOL AID ACT OF 1979 (EXCERPT)
Act 94 of 1979

388.1606a Supplemental pupil count; exception for pandemic learning and cyber schools for 2020-2021 only; definitions.

Sec. 6a.

  (1) Except as otherwise provided in this subsection and this act, in addition to the pupil membership count day, there is a supplemental pupil count of the number of full-time equated pupils in grades K-12 actually enrolled and in regular daily attendance in a district or intermediate district on the second Wednesday in February or, for a district that is not in session on that day due to conditions not within the control of school authorities, with the approval of the superintendent, the immediately following day on which the district is in session, but, for 2020-2021 only, in addition to the pupil membership count day, there is a supplemental pupil count of the number of full-time equated pupils engaged in pandemic learning for spring 2021 or, for a district that operates as a cyber school, as that term is defined in section 551 of the revised school code, MCL 380.551, the number of full-time equated pupils in grades K to 12 actually enrolled and in regular attendance in the district on 2020-2021 supplemental count day. For the purposes of this act, and except as otherwise provided in this subsection, the day on which the supplemental pupil count is conducted is the supplemental count day. For 2020-2021, for purposes of this act, and except as otherwise specifically provided in this article, supplemental count day is the second Wednesday in February or, for a district that is not in session on that day due to conditions not within the control of school authorities, with the approval of the superintendent, the immediately following day on which the district is in session. A district is considered to be in session for purposes of this subsection when the district is providing pupil instruction pursuant to an extended COVID-19 learning plan approved under section 98a.

  (2) As used in this section, “pupils engaged in pandemic learning for spring 2021” means pupils in grades K to 12 who are enrolled in a district, excluding a district that operates as a cyber school, as that term is defined in section 551 of the revised school code, MCL 380.551, or intermediate district and to which any of the following apply:

  (a) For a pupil who is not learning sequentially, any of the following occurs for each of the pupil’s scheduled courses:

  (i) The pupil attends a live lesson from the pupil’s teacher or at least 1 of the pupil’s teachers on 2020-2021 supplemental count day.

  (ii) The pupil logs into an online or virtual lesson or lesson activity on 2020-2021 supplemental count day and the login can be documented by the district or intermediate district.

  (iii) The pupil and the pupil’s teacher or at least 1 of the pupil’s teachers engage in a subject-oriented telephone conversation on 2020-2021 supplemental count day.

  (iv) The district or intermediate district documents that an email dialogue occurred between the pupil and the pupil’s teacher or at least 1 of the pupil’s teachers on 2020-2021 supplemental count day.

  (b) For a pupil who is using sequential learning, any of the following occurs for each of the pupil’s scheduled courses:

  (i) The pupil attends a virtual course where synchronous, live instruction occurs with the pupil’s teacher or at least 1 of the pupil’s teachers on 2020-2021 supplemental count day and the attendance is documented by the district or intermediate district.

  (ii) The pupil completes a course assignment on 2020-2021 supplemental count day and the completion is documented by the district or intermediate district.

  (iii) The pupil completes a course lesson or lesson activity on 2020-2021 supplemental count day and the completion is documented by the district or intermediate district.

  (iv) The pupil accesses an ongoing lesson that is not a login on 2020-2021 supplemental count day and the access is documented by the district or intermediate district.

  (c) At a minimum, 1 2-way interaction has occurred between the pupil and the pupil’s teacher or at least 1 of the pupil’s teachers or another district employee who has responsibility for the pupil’s learning, grade progression, or academic progress during the week on which 2020-2021 supplemental count day falls and during each week for the 3 consecutive weeks after the week on which 2020-2021 supplemental count day falls. A district may utilize 2-way interactions that occur under this subdivision toward meeting the requirement under section 101(3)(h). As used in this subdivision:

  (i) “2-way interaction” means a communication that occurs between a pupil and the pupil’s teacher or at least 1 of the pupil’s teachers or another district employee who has responsibility for the pupil’s learning, grade progression, or academic progress, where 1 party initiates communication and a response from the other party follows that communication, and that is relevant to course progress or course content for at least 1 of the courses in which the pupil is enrolled or relevant to the pupil’s overall academic progress or grade progression. Responses, as described in this subparagraph, must be to communication initiated by the teacher, by another district employee who has responsibility for the pupil’s learning, grade progression, or academic progress, or by the pupil, and not some other action taken. The communication described in this subparagraph may occur through, but is not limited to, any of the following means:

  (A) Email.

  (B) Telephone.

  (C) Instant messaging.

  (D) Face-to-face conversation.

  (ii) “Week” means a period beginning on Wednesday and ending on the following Tuesday.

  (d) The pupil has not participated or completed an activity described in subdivision (a), (b), or (c) and the pupil was not excused from participation or completion, but the pupil participates in or completes an activity described in subdivision (a) or (b) during the 10 consecutive school days immediately following the 2020-2021 supplemental count day.

  (e) The pupil has not participated or completed an activity described in subdivision (a), (b), or (c) and the pupil was excused from participation or completion, but the pupil participates in or completes an activity described in subdivision (a) or (b) during the 30 calendar days immediately following the 2020-2021 supplemental count day.

  (f) The pupil meets the criteria of pupils in grades K to 12 actually enrolled and in regular daily attendance.

  

  

History: Add. 1993, Act 336, Eff. Mar. 15, 1994 ;– Am. 1994, Act 283, Eff. Oct. 1, 1994 ;– Am. 1995, Act 130, Eff. Oct. 1, 1995 ;– Am. 1997, Act 93, Eff. Oct. 1, 1997 ;– Am. 2007, Act 137, Imd. Eff. Nov. 8, 2007 ;– Am. 2020, Act 149, Imd. Eff. Aug. 20, 2020 ;– Am. 2021, Act 48, Imd. Eff. July 13, 2021
Compiler’s Notes: This section, as added by Act 336 of 1993, was originally compiled as MCL 388.1606a[1] to distinguish it from a Sec. 6a added by Act 254 of 1992, which pertained to use of alternate pupil membership count day, that was compiled as MCL 388.1606a prior to its repeal by enacting section 3(b) of Act 283 of 1994, Eff. Oct. 1, 1994.Enacting section 1 of Act 137 of 2007 provides:”Enacting section 1. In accordance with section 30 of article I of the state constitution of 1963, total state spending in this amendatory act from state sources for fiscal year 2007-2008 is estimated at $11,527,973,800.00 and state appropriations to be paid to local units of government for fiscal year 2007-2008 are estimated at $11,458,493,300.00.”



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