STATE OF DEPARTMENT OF EDUCATION BRIAN J. WHISTON RICK SNYDER LANSING GOVERNOR STATE SUPERINTENDENT

MEMORANDUM

DATE: February 3, 2017

TO: State Board of Education

FROM: Martin Ackley, Office of Public and Governmental Affairs

SUBJECT: State and Federal Legislative Update

ACTION IN THE HOUSE OF REPRESENTATIVES

January 11, 2017

HB 4014 Individual Income Tax (Lucido) - A bill to provide for an individual income tax credit for pay-to-play fees for students to participate in extracurricular activities at school was introduced and referred to the House Tax Policy Committee.

January 12, 2017

HB 4020 Child Abuse or Neglect (Faris) - A bill to expand mandatory reporting requirements for child abuse or child neglect to include K-12 coaches and volunteers was introduced and referred to the House Families, Children, and Seniors Committee.

HB 4023 School Shootings (Kosowski) - A bill to create a task force to review school policies and recommend improvements to policy and response efforts to school shootings was introduced and referred to the House Judiciary Committee.

HB 4027 Preventive Security Planning (Kosowski) - A bill to provide an exemption in the open meetings act for school board preventive security planning was introduced and referred to the House Oversight Committee.

January 18, 2017

HB 4045 School Vehicles (Kosowski) - A bill to require seat belts on new school buses was introduced and referred to the House Transportation and Infrastructure Committee.

STATE BOARD OF EDUCATION

CASANDRA E. ULBRICH – CO-PRESIDENT • RICHARD ZEILE – CO-PRESIDENT MICHELLE FECTEAU – SECRETARY • TOM MCMILLIN – TREASURER NIKKI SNYDER – NASBE DELEGATE • PAMELA PUGH LUPE RAMOS-MONTIGNY • EILEEN LAPPIN WEISER

608 WEST ALLEGAN STREET • P.O. BOX 30008 • LANSING, MICHIGAN 48909 www.michigan.gov/mde • 517-373-3324

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HB 4046 Sinking Funds (Kosowski) - A bill to expand the permissible use of sinking funds to include school bus purchasing was introduced and referred to the House Tax Policy Committee.

HB 4054 School Vehicles (Hughes) - A bill to mandate enhanced rear lighting for school buses was introduced and referred to the House Transportation and Infrastructure Committee.

HB 4061 Weapons (Kosowski) - A bill to require the reporting of school lockdown drills was introduced and referred to the House Education Reform Committee.

January 24, 2017

HB 4069 Substitute Teaching (Tedder) - A bill to revise the college credit requirements from 90 to 60 for individuals to serve as substitute teachers was introduced and referred to the House Education Reform Committee.

HB 4080 Energy Improvement (Griffin) - A bill to provide for certain forms of energy improvement financing for certain school districts was introduced and referred to the House Local Government Committee.

HR 8 School Choice Week (Kelly) - A resolution to declare January 22-28, 2017 as School Choice Week in the State of Michigan was adopted.

January 25, 2017

HB 4084 Professional Certification (Tedder) - A bill to eliminate the reading disability diagnostics course requirement for teacher professional certification was introduced and referred to the House Education Reform Committee.

HB 4085 Professional Development (Tedder) - A bill to allow qualifying professional development days or hours for teachers to be counted as pupil instructional time was introduced and referred to the House Education Reform Committee.

HB 4090 School Building Closure (Chang) - A bill to require policy and procedures regarding closure of a school building was introduced and referred to the House Education Reform Committee.

HR 9 Catholic Schools Week (Kelly) - A resolution to declare January 29- February 4, 2017 as Catholic Schools Week in the State of Michigan was introduced.

January 26, 2017

HB 4106 Graduation Requirements (LaFave) - A bill to require the granting of academic credit for an internship under certain circumstances was introduced and referred to the House Workforce and Development Committee.

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January 31, 2017

HB 4114 Computer Coding (Kelly) - A bill to replace the 1 credit requirement in visual arts, performing arts, or applied arts with 3 credits in 21st Century Skills and allow computer science or coding to satisfy a portion of the requirement was introduced and referred to the House Education Reform Committee.

HB 4120 Water Testing (Zemke) - A bill to require testing for levels of lead and other contaminants in water supplied to public schools was introduced and referred to the House Natural Resources Committee.

HB 4124 Water Testing (Neeley) - A bill to provide for a program for testing and removing lead in drinking water used by schools and child care centers was introduced and referred to the House Natural Resources Committee.

February 1, 2017

HB 4137 Fingerprinting (Frederick) - A bill to allow the fingerprinting and photographing of a child or youth with special health care needs to be taken and submitted to the automated identification system (AFIS) and the statewide network of agency photos upon request of a parent or guardian was introduced and referred to the House Judiciary Committee.

HB 4142 Teacher Shortage Prevention Act (Kosowski) - A bill to create the Teacher Shortage Prevention Act within the Department of Treasury to award grants to eligible teachers and require the State Superintendent to report on the state’s teacher shortage was introduced and referred to the House Education Reform Committee.

February 2, 2017

HB 4143 Volunteers (Kosowski) - A bill to require the Department of State Police to maintain a list of qualified volunteers authorized to patrol school premises was introduced and referred to the House Education Reform Committee.

HB 4144 Volunteers (Iden) - A bill to provide for an individual income tax credit for qualified volunteers who provide safety and security services in a school without receiving compensation was introduced and referred to the House Education Reform Committee.

HB 4145 Volunteers (Sheppard) - A bill to allow qualified volunteer patrol officers on school premises was introduced and referred to the House Education Reform Committee.

HJR D Per Pupil Funding (Barrett) - A joint resolution ensuring an equal amount of funding for all local school districts by a certain date was introduced and referred to the House Appropriations Committee.

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HJR E School Aid Funds (Barrett) - A joint resolution to amend the state constitution to remove higher education from the permissible uses of school aid funds was introduced and referred to the House Appropriations Committee.

Upcoming House Education Reform Committees

House Education Reform Committee Members:

Representatives Tim Kelly (C), (VC), Julie Alexander, , Daniela Garcia, , , Jeff Noble, John Reilly, Brett Roberts, Adam Zemke (MVC), Winnie Brinks, Darrin Camilleri, Stephanie Chang, and Bill Sowerby

House School Aid & Department of Education Appropriation Subcommittee Members:

Representatives Tim Kelly (C), (VC), Chris Afendoulis, , Edward Canfield, Larry Inman, Aaron Miller, Robert Kosowski (MVC), , Pam Faris, and Kristy Pagan

The House Education Reform Committee has no scheduled meetings at this time.

ACTION IN THE SENATE

January 18, 2017

SB 1 Hours and Wages (Meekhof) - A bill to eliminate reference to repealed hour and wages law in school code was introduced and referred to the Senate Michigan Competitiveness Committee.

SB 25 Individual Income Tax (Knezek) - A bill to provide for an individual income tax credit for expenditures by certain school teachers for certain supplies was introduced and referred to the Senate Finance Committee.

SB 27 State School Reform/Redesign Office (Pavlov) - A bill to repeal the section creating and prescribing duties of the State School Reform/Redesign Office was introduced and referred to the Senate Education Committee.

January 24, 2017

SB 61 Disorganization (Booher) - A bill to modify the disorganization process for ISDs was introduced and referred to the Senate Education Committee.

January 25, 2017

SB 36 Fingerprinting (Jones) - A bill to allow the fingerprinting and photographing of a child or youth with special health care needs to be taken and submitted to the automated fingerprint identification system (AFIS) and the statewide network of agency photos upon request of a parent or guardian.

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SB 38 Fingerprinting (Jones) - A bill to allow and establish a procedure for the fingerprinting and photographing of an individual with special health care needs to be taken and submitted to the automated fingerprint identification system (AFIS) and the statewide network of agency photos upon the request of a parent or guardian.

SR 4 Michigan School Choice Week (Colbeck) - A resolution recognizing January 22- January 28, 2017 as Michigan School Choice Week was adopted.

January 26, 2017

SR 6 Catholic Schools Week (Pavlov) - A resolution to recognize January 29- February 4, 2017 as Catholic Schools Week was adopted.

SJR A School Aid Funds (Jones) - A joint resolution to strike higher education from the permissible uses of school aid funds from the state constitution was introduced and referred to the Senate Appropriations Committee.

SJR B Per Pupil Funding (Jones) - A joint resolution to ensure an equal amount of per pupil funding for all local school districts not later than the 2022-2023 state fiscal year was introduced and referred to the Senate Appropriations Committee.

January 31, 2017

SB 79 Teaching Certificates (Pavlov) - A bill to modify provisions relating to interim teaching certification and to teaching of certain courses by noncertificated, nonendorsed teachers was introduced and referred to the Senate Education Committee.

SB 81 Common Core (Pavlov) - A bill to require the implementation of certain curriculum standards and assessments in place of common core curriculum standards and assessments was introduced and referred to the Senate Government Operations Committee.

February 1, 2017

SB 88 Safety Cameras (Johnson) - A bill to allow for the installation of safety cameras in certain school buses and provide for the suspension of a driver license under certain circumstances was introduced and referred to the Senate Transportation Committee.

SB 93 Internship Credit (Casperson) - A bill to require the granting of academic credit for internship under certain circumstances was introduced and referred to the Senate Education Committee.

SJR D For-profit Public School (Warren) - A joint resolution to prohibit the operation of a public school on a for-profit basis in the state constitution was introduced and referred to the Senate Government Operations Committee. Page 6 February 3, 2017

February 2, 2017

SB 99 Curriculum (Conyers) - A bill to create a model field trip program for food education was introduced and referred to the Senate Education Committee.

SB 102 Michigan Community Foundation Act (Schmidt) - A bill to create the Michigan Community Foundation Act was introduced and referred to the Senate Local Government Committee.

Upcoming Senate Education Committees

The Senate Education Committee held a hearing on January 31, 2017 regarding SB 27 to repeal section 1280c of the Revised School Code.

The Senate Education Committee has no scheduled meetings at this time.

PUBLIC ACTS SIGNED INTO LAW BY GOVERNOR SNYDER

January 4, 2017

HB 5753 Transportation (Price) – A bill to modify the requirements for the transportation of a pupil was assigned P.A. 428 of 2016 with immediate effect.

HB 5796 Special Education Employment (Potvin) – A bill to repeal the provision providing employment preference for certain personnel in special education programs and services was assigned P.A. 429 of 2016 with immediate effect.

VETOED BY THE GOVERNOR

January 5, 2017

SB 953 Billboards on School Property (Casperson) – A bill to provide for revisions to the Highway Advertising Act to allow for billboards on school property was vetoed by the Governor.

FEDERAL

On January 31, 2017, the Senate Health, Education, Labor and Pensions (HELP) Committee voted 12-11 to confirm Betsy DeVos as U.S. Secretary of Education. A simple majority of 51 votes will be needed in the Full Senate to confirm the nominee. Page 7 February 3, 2017

CONGRESS

On February 1, 2017, U.S. House of Representatives Early Childhood, Elementary, and Secondary Education Subcommittee Chairman Todd Rokita (R-IN) introduced a resolution to repeal the U.S. Department of Education (ED) ESSA State Plans and Accountability regulations under the Congressional Review Act (CRA). Also, House Higher Education and Workforce Development Subcommittee Chairman Brett Guthrie (R-KY) introduced a CRA resolution to repeal ED’s recently promulgated Title II Teacher Preparation regulations.

Under the CRA, Congress can vote to overturn federal regulations with a simple majority vote. If Congress approves a “joint resolution of disapproval” under the CRA and the President signs the resolution, the rule in its entirety is completely overturned and does not take effect. Also, the agency may not re-issue a rule that is “substantially the same” as the disapproved rule. Actions taken under the CRA are not subject to judicial review. It is likely that if Congress approves the CRA on ESSA accountability regulations states will submit ESSA plans without ESSA accountability regulations in effect. Instead, states would rely upon the statute, forthcoming ED non-regulatory guidance, and other non-regulatory ED communications regarding ESSA state plan submission.

If you have any questions or concerns regarding these or other legislative issues, please contact me at (517) 241-4395.