2023 House Bill 4286

Appropriations: school aid; fiscal year 2023-2024 appropriations for K-12 school aid; provide for.

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 3, 4, 6, 6a, 11, 11a, 11j, 11k, 11m, 11s, 11w, 11x, 15, 19, 20, 20d, 21f, 21h, 22a, 22b, 22c, 22d, 22m, 22p, 23a, 24, 24a, 25f, 25g, 26a, 26b, 26c, 26d, 27a, 27b, 27c, 27d, 28, 31a, 31d, 31f, 31j, 31n, 31o, 31p, 31aa, 32d, 32n, 32p, 32t, 35a, 35d, 39, 39a, 41, 41b, 51a, 51c, 51d, 51e, 51g, 53a, 54, 54b, 54d, 56, 61a, 61b, 61c, 61d, 62, 65, 67, 74, 81, 94, 94a, 97, 97a, 98, 99h, 99s, 99t, 99x, 99cc, 101, 104, 107, 121, 147, 147a, 147b, 147c, 147e, 152a, and 163 (MCL 388.1603, 388.1604, 388.1606, 388.1606a, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611s, 388.1611w, 388.1611x, 388.1615, 388.1619, 388.1620, 388.1620d, 388.1621f, 388.1621h, 388.1622a, 388.1622b, 388.1622c, 388.1622d, 388.1622m, 388.1622p, 388.1623a, 388.1624, 388.1624a, 388.1625f, 388.1625g, 388.1626a, 388.1626b, 388.1626c, 388.1626d, 388.1627a, 388.1627b, 388.1627c, 388.1627d, 388.1628, 388.1631a, 388.1631d, 388.1631f, 388.1631j, 388.1631n, 388.1631o, 388.1631p, 388.1631aa, 388.1632d, 388.1632n, 388.1632p, 388.1632t, 388.1635a, 388.1635d, 388.1639, 388.1639a, 388.1641, 388.1641b, 388.1651a, 388.1651c, 388.1651d, 388.1651e, 388.1651g, 388.1653a, 388.1654, 388.1654b, 388.1654d, 388.1656, 388.1661a, 388.1661b, 388.1661c, 388.1661d, 388.1662, 388.1665, 388.1667, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1697, 388.1697a, 388.1698, 388.1699h, 388.1699s, 388.1699t, 388.1699x, 388.1699cc, 388.1701, 388.1704, 388.1707, 388.1721, 388.1747, 388.1747a, 388.1747b, 388.1747c, 388.1747e, 388.1752a, and 388.1763), sections 3, 6, 6a, 11a, 11j, 11k, 11m, 11s, 15, 20, 20d, 21f, 21h, 22a, 22c, 22d, 22m, 22p, 24, 24a, 25f, 25g, 26a, 26b, 26c, 26d, 28, 31a, 31d, 31j, 31n, 31o, 31p, 32d, 32p, 35a, 35d, 39, 41, 51d, 51g, 54b, 54d, 61a, 61b, 61c, 61d, 62, 65, 67, 74, 81, 94, 94a, 97, 97a, 98, 99h, 99s, 99t, 99x, 101, 104, 107, 147, 147a, 147b, 147e, and 152a as amended and sections 11x, 27a, 27b, 27c, 27d, 31aa, 32n, 32t, 41b, 51e, and 99cc as added by 2022 PA 144, sections 4 and 19 as amended by 2021 PA 48, sections 11, 22b, 31f, 39a, 51a, 51c, 53a, 54, and 147c as amended by 2023 PA 3, section 11w as added by 2022 PA 93, section 23a as amended by 2020 PA 22, section 56 as amended by 2022 PA 212, section 121 as amended by 2006 PA 342, and section 163 as amended by 2021 PA 15, and by adding sections 11v, 12a, 12b, 12c, 22e, 22k, 22l, 22o, 23g, 23h, 27g, 27h, 27i, 27j, 27k, 30d, 30e, 31k, 31ff, 31gg, 32o, 32w, 32x, 35i, 35j, 35k, 67f, 74b, 97g, 98d, 99ff, 99gg, 99hh, 99ii, 107a, and 164i; and to repeal acts and parts of acts.

Introduced in the House

March 15, 2023

Introduced by Rep. Regina Weiss (D-6)

Referred to the Committee on Appropriations

May 3, 2023

Reported with substitute H-2

May 10, 2023

Substitute H-2 concurred in by voice vote

Amendment offered by Rep. Matt Koleszar (D-22)

1. Amend page 331, line 21, by striking out “$100.00” and inserting “$2,000,000.00” and adjusting the totals in section 11 and enacting section 1 accordingly.

The amendment passed by voice vote

Amendment offered by Rep. Angela Witwer (D-76)

1. Amend page 88, line 24, after “(3)” by striking out “Subject to section 164j, in” and inserting “In”.

2. Amend page 383, line 28, by removing section 164j from the bill.

The amendment passed by voice vote

Amendment offered by Rep. Bill Schuette (R-95)

1. Amend page 80, line 4, after “year.” by inserting “For each fund transfer as described in the immediately preceding sentence that occurs, the state budget director shall send notification of the transfer to the house and senate appropriations subcommittees on state school aid and the house and senate fiscal agencies by not later than 14 calendar days after the transfer occurs.”.

2. Amend page 88, line 4, after “year.” by inserting “For each fund transfer as described in the immediately preceding sentence that occurs, the state budget director shall send notification of the transfer to the house and senate appropriations subcommittees on school aid and the house and senate fiscal agencies by not later than 14 calendar days after the transfer occurs.”.

3. Amend page 260, line 26, after “year.” by inserting “For each fund transfer as described in the immediately preceding sentence that occurs, the state budget director shall send notification of the transfer to the house and senate appropriations subcommittees on state school aid and the house and senate fiscal agencies by not later than 14 calendar days after the transfer occurs.”.

The amendment failed by voice vote

Amendment offered by Rep. Luke Meerman (R-89)

1. Amend page 309, following line 14, by inserting:

“Sec. 97e. (1) From the general fund money appropriated in section 11, there is allocated for 2022-2023 2023-2024 only an amount not to exceed $2,000,000.00 for the commission.

(2) The school safety and mental health commission is created within the department.

(3) The commission must consist of all of the following members who must be appointed by the governor as follows:

(a) One member from a list of 3 or more names submitted by the minority leader of the house of representatives who has experience in school mental health.

(b) One member from a list of 3 or more names submitted by the speaker of the house of representatives who has a background in law enforcement.

(c) One member from a list of 3 or more names submitted by the speaker of the house of representatives who is a parent.

(d) One member from a list of 3 or more names submitted by the senate minority leader who is a school psychologist or psychiatrist.

(e) One member from a list of 3 or more names submitted by the senate majority leader who is a prosecutor.

(f) One member from a list of 3 or more names submitted by the senate majority leader who is a teacher.

(g) One member who has a background in school administration.

(h) One member who has experience in school-threat assessments.

(i) One member who has experience in the provision of inpatient treatment to children under age 18.

(4) The director of the department of health and human services or the director’s designee may be a member of the commission. In addition, the following department heads or their designees that are from within their respective departments or agencies may be nonvoting, ex officio members of the commission:

(a) The director of the department of state police.

(b) The superintendent of public instruction.

(5) The governor shall appoint 5 of the first members to 2-year terms and 4 of the first members to 4-year terms. After the first appointments, the term of a member of the commission is 4 years or until a successor is appointed under subsection (3), whichever is later.

(6) If a vacancy occurs on the commission, an individual must be appointed in the same manner as prescribed under subsection (3) to fill the vacancy for the balance of the term.

(7) The governor may remove a member of the commission for incompetence, dereliction of duty, malfeasance, or nonfeasance in office, or any other good cause.

(8) The commission shall meet at least monthly.

(9) A majority of the members of the commission constitutes a quorum for transacting business. A vote of the majority of the members of the commission serving is required for any action of the commission.

(10) The commission shall conduct its business in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

(11) A writing that is prepared, owned, used, possessed, or retained by the commission in performing an official function is subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(12) A member of the commission is not entitled to compensation for service on the commission, but the commission may reimburse a member for actual and necessary expenses incurred in serving.

(13) The commission shall do all of the following:

(a) Collaborate to provide recommendations to reduce youth suicides and strengthen the mental health of school-aged children, adolescents, and their families through a comprehensive, statewide approach.

(b) Seek input from educational professionals, mental health professionals, and organizations from across this state to suggest approaches to identify and support students at risk of behavioral health issues.

(c) Collaborate with the Michigan suicide prevention commission on recommendations regarding youth suicide.

(d) Create and maintain an online community through which best practices and resources can be shared, host professional trainings, and engage in public awareness efforts regarding mental health issues and resources.

(e) Review possible uses of and make recommendations for the use of funds received by districts and nonpublic schools under section 97.

(f) Convey recommendations to the department of licensing and regulatory affairs and the bureau of construction codes within the department of licensing and regulatory affairs concerning building construction that is consistent with school safety needs.

(14) The commission may hire an executive director and staff.

(15) As used in this section, “commission” means the school safety and mental health commission created in subsection (2).” and adjusting the totals in section 11 and enacting section 1 accordingly.

2. Amend page 385, line 5, after “97d,” by striking out “97e,”.

3. Amend page 385, line 13, after “388.1697d,” by striking out “388.1697e,”.

The amendment failed by voice vote

Amendment offered by Rep. Pat Outman (R-91)

1. Amend page 320, following line 4, by inserting:

“Sec. 98b. (1) In order to receive state aid under this article for 2022-2023, 2023-2024, a district must do all of the following:

(a) By not later than the first meeting of the board that occurs in February of the fiscal year referenced in subsection (1) and by not later than the last day of the school year that falls within the fiscal year referenced in subsection (1), the district superintendent or chief administrator of the district, as applicable, shall present both of the following at a public meeting of the board:

(i) Subject to state and federal privacy laws, the results from benchmark assessments and local benchmark assessments, as applicable, administered under section 104h or 104i, as applicable.

(ii) For each school operated by the district, each school’s progress toward meeting the educational goals described in subdivision (d).

(b) The district shall ensure that the information presented under subdivision (a) is disaggregated by grade level, by student demographics, and by the mode of instruction received by the pupils to which the information applies.

(c) The information presented under subdivision (a) must also be compiled into a report that the district shall make available through the transparency reporting link located on the district’s website.

(d) The district shall ensure that, by not later than September 15 of the fiscal year immediately preceding the fiscal year referenced in subsection (1), each school building leader of each school operated by the district, in conjunction with all teachers and school administrators of the school, establishes educational goals expected to be achieved for the school year that falls within the fiscal year referenced in subsection (1) for the school. The goals described in this subdivision must specify which educational goals are expected to be achieved by not later than the middle of the school year and which goals are expected to be achieved by not later than the last day of the school year. All the following apply to the educational goals described in this subdivision:

(i) The goals must include increased pupil achievement or, if growth can be validly and reliably measured using a benchmark assessment or benchmark assessments or a local benchmark assessment, growth on a benchmark assessment or benchmark assessments or a local benchmark assessment described in subparagraph (ii) in the aggregate and for all subgroups of pupils broken down by grade level, student demographics, and mode of instruction.

(ii) The goals must include an assurance that the district shall select a benchmark assessment or benchmark assessments or a local benchmark assessment that are aligned to state standards and an assurance that the district shall administer the benchmark assessment or benchmark assessments or local benchmark assessment to all pupils as prescribed under section 104h or 104i, as applicable, to determine whether pupils are making meaningful progress toward mastery of these standards.

(iii) The goals must be measurable through a benchmark assessment or benchmark assessments or a local benchmark assessment described in subparagraph (ii).

(e) In implementing a benchmark assessment system under section 104h or 104i, as applicable, the district ensures that it is in compliance with section 104h(1)(f) or 104i(1)(f), as applicable.

(2) The department shall create a statewide uniform template for districts to utilize in the development of educational goals under subsection (1)(d) and shall make this template available to all districts by not later than June 30 of the fiscal year referenced in subsection (1).

(3) By not later than June 15 of the fiscal year referenced in subsection (1), subject to state and federal privacy laws, the superintendent of public instruction shall submit a report to the house and senate appropriations subcommittees on school aid and the house and senate standing committees on education that includes the results of benchmark assessments administered under section 104h or 104i, as applicable, that the superintendent of public instruction has received from districts. All of the following apply to the data included in the report described in this subsection:

(a) It must be disaggregated by grade level, student demographics, and the modes of instruction received by pupils.

(b) It must be broken down so as to show a comparison of growth among pupils within a grade level, within certain student demographics, and based on the modes of instruction received by the pupils.

(4) If requested to do so by the chairs of the house and senate appropriations subcommittees on school aid and the chairs of the house and senate standing committees on education, the superintendent of public instruction shall present his or her report submitted under subsection (3) in person to the house and senate appropriations subcommittees on school aid and the house and senate standing committees on education.”.

2. Amend page 385, line 6, after “98a,” by striking out “98b,”.

3. Amend page 385, line 14, by striking out “388.1698b,”.

The amendment failed by voice vote

Amendment offered by Rep. Gina Johnsen (R-78)

1. Amend page 385, line 7, after “164h,” by inserting “and”.

2. Amend page 385, line 7, after “166” by striking out the comma and “166a”.

3. Amend page 385, line 16, after “388.1764h,” by inserting “and”.

4. Amend page 385, line 16, after “388.1766,” by striking out “and 388.1766a,”.

The amendment failed by voice vote

Amendment offered by Rep. Gina Johnsen (R-78)

1. Amend page 383, line 14, after “(a)” by striking out “The restriction of or interference with” and inserting “To require”.

2. Amend page 383, line 16, after “of” by striking out “a marginalized” and inserting “any”.

3. Amend page 383, line 19, after “exercise” by striking out the balance of the section and inserting “rights under the state constitution of 1963.”.

The amendment failed by voice vote

Amendment offered by Rep. Timothy Beson (R-96)

1 Amend page 68, line 2, by removing section 21f from the bill.

The amendment failed by voice vote

Amendment offered by Rep. Ann Bollin (R-49)

1. Amend page 373, line 27, by removing section 147c from the bill and inserting:

“Sec. 147c. (1) From the state school aid fund money appropriated in section 11, there is allocated for 2022-2023 2023-2024 an amount not to exceed $1,478,000,000.00, $1,647,200,000.00, and from the MPSERS retirement obligation reform reserve fund money appropriated in section 11, there is allocated for 2022-2023 2023-2024 only an amount needed, estimated at $140,400,000.00, $202,000,000.00, for payments to districts and intermediate districts that are participating entities of the Michigan public school employees’ retirement system. In addition, from the general fund money appropriated in section 11, there is allocated for 2022-2023 2023-2024 an amount not to exceed $500,000.00 for payments to district libraries that are participating entities of the Michigan public school employees’ retirement system. It is the intent of the legislature that money allocated from the MPSERS retirement obligation reform reserve fund under this subsection for 2022-2023 2023-2024 represents the amount necessary to reduce the payroll growth assumption to 1.75%. 0.75%. All of the following apply to funding under this subsection:

(a) Except as otherwise provided in this subdivision, for 2022-2023, 2023-2024, the amounts allocated under this subsection are estimated to provide an average MPSERS rate cap per pupil amount of $1,042.00 $1,157.00 and are estimated to provide a rate cap per pupil for districts ranging between $5.00 $4.00 and $3,700.00. For 2022-2023, if the retirement system determines the average MPSERS rate cap per pupil amount and rate cap per pupil for districts estimated in the immediately preceding sentence need to be adjusted, the estimated average MPSERS rate cap per pupil amount and estimated rate cap per pupil for districts under this subdivision are the estimations determined by the retirement system. If the retirement system makes a determination as described in the immediately preceding sentence, it shall issue its estimations publicly and describe the need for the adjustment described in the immediately preceding sentence.$5,020.00.

(b) Payments made under this subsection are equal to the difference between the unfunded actuarial accrued liability contribution rate as calculated under section 41 of the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1341, as calculated without taking into account the maximum employer rate of 20.96% included in section 41 of the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1341, and the maximum employer rate of 20.96% included in section 41 of the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1341.

(c) The amount allocated to each participating entity under this subsection is based on each participating entity’s proportion of the total covered payroll for the immediately preceding fiscal year for the same type of participating entities. A participating entity that receives funds under this subsection shall use the funds solely for the purpose of retirement contributions as specified in subdivision (d).

(d) Each participating entity receiving funds under this subsection shall forward an amount equal to the amount allocated under subdivision (c) to the retirement system in a form, manner, and time frame determined by the retirement system.

(e) Funds allocated under this subsection should be considered when comparing a district’s growth in total state aid funding from 1 fiscal year to the next.

(f) Not later than December 20 of each fiscal year for which funding is allocated under this subsection, the department shall publish and post on its website an estimated MPSERS rate cap per pupil for each district.

(g) The office of retirement services shall first apply funds allocated under this subsection to pension contributions and, if any funds remain after that payment, shall apply those remaining funds to other postemployment benefit contributions.

(2) In addition to the funds allocated under subsection (1), from the state school aid fund money appropriated in section 11, there is allocated for 2022-2023 2023-2024 only $1,000,000,000.00 $500,000,000.00 for payments to participating entities of the Michigan public school employees’ retirement system. The amount allocated to each participating entity under this subsection must be based on each participating entity’s proportion of the total covered payroll for the immediately preceding fiscal year. A participating entity that receives funds under this subsection shall use the funds solely for purposes of this subsection. Each participating entity receiving funds under this subsection shall forward an amount equal to the amount allocated under this subsection to the retirement system in a form, manner, and time frame determined by the retirement system. The retirement system shall recognize funds received under this subsection as additional assets being contributed to the system and shall not categorize them as unfunded actuarial liability contributions or normal cost contributions.

(3) In addition to the funds allocated under subsection (1), from the state school aid fund money appropriated in section 11, there is allocated for 2023-2024 only $97,000,000.00 for payments to districts and intermediate districts that are participating entities of the Michigan public school employees’ retirement system. The amount allocated to each participating entity under this subsection must be based on each participating entity’s proportion of the total covered payroll for the immediately preceding fiscal year.

(4)(3) As used in this section:

(a) “Community college” means a community college created under the community college act of 1966, 1966 PA 331, MCL 389.1 to 389.195.

(b) “District library” means a district library established under the district library establishment act, 1989 PA 24, MCL 397.171 to 397.196.

(c) “MPSERS rate cap per pupil” means an amount equal to the quotient of the district’s payment under this section divided by the district’s pupils in membership.

(d) “Participating entity” means:

(i) As used in subsection (1) only, a district, intermediate district, or district library that is a reporting unit of the Michigan public school employees’ retirement system under the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437, and that reports employees to the Michigan public school employees’ retirement system for the applicable fiscal year.

(ii) As used in subsection (2) only, a district, intermediate district, community college, or district library that is a reporting unit of the Michigan public school employees’ retirement system under the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437, and that reports employees to the Michigan public school employees’ retirement system for the applicable fiscal year.

(e) “Retirement system” means the Michigan public school employees’ retirement system under the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437.” and adjusting the totals in section 11 and enacting section 1 accordingly.

The amendment failed by voice vote

Amendment offered by Rep. Andrew Fink (R-35)

1. Amend page 385, line 7, after “152b,” by striking out “164g,”.

2. Amend page 385, line 15, after “388.1752b,” by striking out “388.1764g,”.

The amendment failed by voice vote

Amendment offered by Rep. Bill Schuette (R-95)

1. Amend page 307, following line 3, by inserting:

“Sec. 95b. (1) From the general fund money appropriated under section 11, there is allocated an amount not to exceed $2,000,000.00 for 2022-2023 2023-2024 only for the model value-added growth and projection analytics system. The department shall continue the model value-added growth and projection analytics system and incorporate that model into its reporting requirements under the every student succeeds act, Public Law 114-95. The model described in this subsection must do at least all of the following:

(a) Utilize existing assessments and any future assessments that are suitable for measuring student growth.

(b) Report student growth measures at the district, school, teacher, and subgroup levels.

(c) Recognize the growth of tested students, including those who may have missing assessment data.

(d) Include all available prior standardized assessment data that meet inclusion criteria across grades, subjects, and state and local assessments.

(e) Allow student growth results to be disaggregated.

(f) Provide individual student projections showing the probability of a student reaching specific performance levels on future assessments. Given school closures and extended cancellations related to COVID-19, the data under this subdivision may be used to inform decisions about student placement or students that could benefit from additional supports or interventions.

(g) Demonstrate any prior success with this state’s assessments through the Michigan council of educator effectiveness teacher evaluation pilot.

(h) Demonstrate prior statewide implementation in at least 2 other states for at least 10 years.

(i) Have a native roster verification system built into the value-added reporting platform that has been implemented statewide in at least 2 other states.

(j) Have a “help/contact us” ticketing system built into the value-added reporting platform.

(k) Given school closures that have occurred pursuant to an executive order issued by the governor, the value-added reporting platform must provide continued hosting and delivery of reporting and offer the department additional supports in the areas of research, analysis, web reporting, and training.

(l) The department and the platform vendor shall provide statewide training for educators to understand the reporting that details the impact to student learning and growth.

(2) The department shall provide internet-based electronic student growth and projection reporting based on the model under subsection (1) to educators at the school, district, and state levels. The model must include role-based permissions that allow educators to access information about the performance of the students within their immediate responsibility in accordance with applicable privacy laws.

(3) The model under subsection (1) must not be a mandatory part of teacher evaluation or educator pay-for-performance systems.

(4) The model under subsection (1) must be a model that received funding under this section in 2018-2019.

(5) By March 31 of each fiscal year for which funding is allocated under this section, the department shall work with the center to make data publicly available on an external website that provides student growth metrics provided by the value-added reporting platform at the district and school level by grade and subject.” and by adjusting the totals in section 11 and enacting section 1 accordingly.

2. Amend page 385, line 5, after “67e,” by striking out “95b,”.

3. Amend page 385, line 12, after “388.1667e,” by striking out “388.1695b,”.

The amendment failed by voice vote

Amendment offered by Rep. Luke Meerman (R-89)

1. Amend page 61, line 9, after “(1)” by striking out the comma and “or, for a public school academy that was issued a contract under section 552 of the revised school code, MCL 380.552, to operate as a school of excellence that is a cyber school, $9,150.00.” and inserting a period, and adjusting the totals in section 11 and enacting section 1 accordingly.

2. Amend page 87, line 9, by striking out “$6,192,100,000.00” and inserting “$6,200,000,000.00” and adjusting the totals in section 11 and enacting 1 accordingly.

The amendment failed by voice vote

Amendment offered by Rep. Jaime Greene (R-65)

1. Amend page 385, line 7, after “164h,” by striking out “166,”.

2. Amend page 385, line 16, after “388.1764h,” by striking out “388.1766,”.

The amendment failed by voice vote

Amendment offered by Rep. Nancy DeBoer (R-86)

1. Amend page 120, line 16, after “school” by inserting a comma and “nonpublic school,”.

2. Amend page 120, line 21, after “school” by inserting a comma and “nonpublic school,”.

3. Amend page 120, line 25, after “school” by inserting a comma and “nonpublic school,”.

4. Amend page 120, line 29, after “school” by inserting a comma and “nonpublic school,”.

5. Amend page 125, line 17, after “district” by inserting “or nonpublic school”.

6. Amend page 125, line 27, after “district” by inserting “or nonpublic school”.

7. Amend page 126, line 5, after “district” by inserting “or nonpublic school”.

8. Amend page 126, line 7, after “district” by inserting “or nonpublic school”.

9. Amend page 126, line 10, after “district” by inserting “or nonpublic school”.

10. Amend page 126, line 20, after “district” by inserting “or nonpublic school”.

11. Amend page 126, line 26, after “district” by inserting “or nonpublic school”.

12. Amend page 126, line 29, after “district” by inserting “or nonpublic school”.

13. Amend page 127, line 1, after “district” by inserting “or nonpublic school”.

14. Amend page 137, line 1, after “2023-2024” by inserting “and, from the general fund money appropriated in section 11, there is allocated an amount not to exceed $19,000,000.00 for 2023-2024,” and adjusting the totals in section 11 and enacting section 1 accordingly.

15. Amend page 137, line 3, after the first “to” by striking out “public school pupils” and inserting “students”.

16. Amend page 137, line 3, after “12.” by inserting “Funding to a nonpublic school for purposes of this section must be paid from the funding allocated under this section from the general fund money appropriated in section 11.”.

17. Amend page 139, line 19, after “district,” by striking out “or”.

18. Amend page 139, line 19, after “Blind” by inserting a comma and “or, for 2023-2024, nonpublic school”.

19. Amend page 322, line 4, after the second “districts” by inserting a comma and “and from the general fund money appropriated in section 11, there is allocated $600,000.00 for 2022-2023 2023-2024 for competitive grants to nonpublic schools,” and adjusting the totals in section 11 and enacting section 1 accordingly.

20. Amend page 322, line 24, after “districts” by inserting a comma and “nonpublic schools,”.

21. Amend page 323, line 18, after the first “districts” by inserting a comma and “nonpublic schools,”.

22. Amend page 324, line 28, after the first “district” by inserting a comma and “nonpublic school,”.

23. Amend page 325, line 2, after “district” by inserting a comma and “nonpublic school,”.

24. Amend page 325, line 3, after the second “district” by inserting a comma and “nonpublic school,”.

25. Amend page 325, line 12, after “districts” by inserting a comma and “nonpublic schools,”.

26. Amend page 325, line 15, after “districts” by inserting a comma and “nonpublic schools,”.

27. Amend page 325, line 20, after “districts” by inserting a comma and “nonpublic schools,”.

28. Amend page 325, following line 23, by inserting:

“(6) (7) A nonpublic school that receives a grant under this section may use the funds for either robotics or Science Olympiad programs.

(7) (8) To be eligible to receive funds under this section, a nonpublic school must be a nonpublic school registered with the department and must meet all applicable state reporting requirements for nonpublic schools.” and renumbering the remaining subsections.

29. Amend page 380, following line 8, by inserting:

“Sec. 152b. (1) From the general fund money appropriated under section 11, there is allocated an amount not to exceed $1,000,000.00 for 2022-2023 2023-2024 to reimburse actual costs incurred by nonpublic schools in complying with a health, safety, or welfare requirement mandated by a law or administrative rule of this state.

(2) By January 1 of each applicable fiscal year, the department shall publish a form for reporting actual costs incurred by a nonpublic school in complying with a health, safety, or welfare requirement mandated under state law containing each health, safety, or welfare requirement mandated by a law or administrative rule of this state applicable to a nonpublic school and with a reference to each relevant provision of law or administrative rule for the requirement. The form must be posted on the department’s website in electronic form.

(3) By June 30 of each applicable fiscal year, a nonpublic school seeking reimbursement for actual costs incurred in complying with a health, safety, or welfare requirement under a law or administrative rule of this state during each applicable school year must submit a completed form described in subsection (2) to the department. This section does not require a nonpublic school to submit a form described in subsection (2). A nonpublic school is not eligible for reimbursement under this section if the nonpublic school does not submit the form described in subsection (2) in a timely manner.

(4) By August 15 of each applicable fiscal year, the department shall distribute funds to each nonpublic school that submits a completed form described under subsection (2) in a timely manner. The superintendent shall determine the amount of funds to be paid to each nonpublic school in an amount that does not exceed the nonpublic school’s actual costs in complying with a health, safety, or welfare requirement under a law or administrative rule of this state. The superintendent shall calculate a nonpublic school’s actual cost in accordance with this section.

(5) If the funds allocated under this section are insufficient to fully fund payments as otherwise calculated under this section, the department shall distribute funds under this section on a prorated or other equitable basis as determined by the superintendent.

(6) The department may review the records of a nonpublic school submitting a form described in subsection (2) only for the limited purpose of verifying the nonpublic school’s compliance with this section. If a nonpublic school does not allow the department to review records under this subsection, the nonpublic school is not eligible for reimbursement under this section.

(7) The funds appropriated under this section are for purposes that are incidental to teaching and the provision of educational services to nonpublic school students; that are noninstructional in nature; that do not constitute a primary function or element necessary for a nonpublic school’s existence, operation, and survival; that do not involve or result in excessive religious entanglement; and that are intended for the public purpose of ensuring the health, safety, and welfare of the children in nonpublic schools and to reimburse nonpublic schools for costs described in this section.

(8) Funds allocated under this section are not intended to aid or maintain any nonpublic school, support the attendance of any student at a nonpublic school, employ any person at a nonpublic school, support the attendance of any student at any location where instruction is offered to a nonpublic school student, or support the employment of any person at any location where instruction is offered to a nonpublic school student.

(9) For purposes of this section, “actual cost” means the hourly wage for the employee or employees performing a task or tasks required to comply with a health, safety, or welfare requirement under a law or administrative rule of this state identified by the department under subsection (2) and is to be calculated in accordance with the form published by the department under subsection (2), which must include a detailed itemization of costs. The nonpublic school shall not charge more than the hourly wage of its lowest-paid employee capable of performing a specific task regardless of whether that individual is available and regardless of who actually performs a specific task. Labor costs under this subsection must be estimated and charged in increments of 15 minutes or more, with all partial time increments rounded down. When calculating costs under subsection (4), fee components must be itemized in a manner that expresses both the hourly wage and the number of hours charged. The nonpublic school may not charge any applicable labor charge amount to cover or partially cover the cost of health or fringe benefits. A nonpublic school shall not charge any overtime wages in the calculation of labor costs.

(10) Training fees, inspection fees, and criminal background check fees are considered actual costs in complying with a health, safety, or welfare requirement under a law or administrative rule of this state.

(11) The funds allocated under this section for 2021-2022 are a work project appropriation, and any unexpended funds for 2021-2022 are carried forward into 2022-2023. The purpose of the work project is to continue to reimburse nonpublic schools for actual costs incurred in complying with a health, safety, or welfare requirement mandated by a law or administrative rule of this state. The estimated completion date of the work project is September 30, 2023.

(12) The funds allocated under this section for 2022-2023 are a work project appropriation, and any unexpended funds for 2022-2023 are carried forward into 2023-2024. The purpose of the work project is to continue to reimburse nonpublic schools for actual costs incurred in complying with a health, safety, or welfare requirement mandated by a law or administrative rule of this state. The estimated completion date of the work project is September 30, 2024.

(13) The funds allocated under this section for 2023-2024 are a work project appropriation, and any unexpended funds for 2023-2024 are carried forward into 2024-2025. The purpose of the work project is to continue to reimburse nonpublic schools for actual costs incurred in complying with a health, safety, or welfare requirement mandated by a law or administrative rule of this state. The estimated completion date of the work project is September 30, 2025.

(14) (13) The department shall reimburse nonpublic schools for actual costs incurred in complying with health, safety, or welfare requirements under a law or administrative rule of this state from 2017-2018 through 2021-2022 using work project funds or, if those funds are insufficient to fund reimbursements under this subsection, from the allocation under subsection (1).” and adjusting the totals in section 11 and enacting section 1.

30. Amend page 385, line 7, by striking out “152b,”.

31. Amend page 385, line 15, after “388.1704h,” by striking out “388.1752b,”.

The amendment failed by voice vote

Amendment offered by Rep. Nancy DeBoer (R-86)

1. Amend page 307, line 5, after “allocated” by striking out “$300,000,000.00” and inserting “$450,000,000.00” and adjusting the totals in section 11 and enacting section 1 accordingly.

The amendment failed by voice vote

Amendment offered by Rep. Sarah Lightner (R-45)

1. Amend page 326, following line 13, by inserting:

“Sec. 99j. (1) Subject to subsection (2), from the general fund money appropriated in section 11, there is allocated an amount not to exceed $200,000.00 for 2022-2023 2023-2024 only for a grant to Square One, the vendor that provides STEM learning opportunities for teachers and students, to host robotics programs and competitions for students in public schools and nonpublic schools who are enrolled in grades K to 12 to expand those students’ opportunities to improve their mathematics, science, and technology skills.

(2) Square One must receive the funding allocated under subsection (1) even if it receives funding under section 99h.” and adjusting the totals in section 11 and enacting section 1 accordingly.

The amendment failed by voice vote

Amendment offered by Rep. Luke Meerman (R-89)

1. Amend page 178, following line 9, by inserting:

“Sec. 31hh. From the federal funding appropriated in section 11, there is allocated for 2023-2024 an amount not to exceed $20,000,000.00 from the federal funding awarded to this state from the coronavirus state fiscal recovery fund under the American rescue plan act of 2021, title IX, subtitle M of Public Law 117-2, for the implementation of requirements under 2022 PA 180, MCL 388.1851 to 388.1957.” and adjusting the totals in section 11 and enacting section 1 accordingly.

2. Amend page 309, following line 14, by inserting:

“Sec. 97c. (1) Except as otherwise provided in this subsection, from the state school aid fund money appropriated in section 11, there is allocated for 2021-2022 an amount not to exceed $11,250,000.00, and from the general fund money appropriated in section 11, there is allocated for 2021-2022 an amount not to exceed $3,750,000.00, for grants to districts, intermediate districts, and nonpublic schools as provided under this section. The department shall ensure that a grant to a nonpublic school under this section is funded from the general fund money allocated under this section.

(2) To receive a grant under this section, a district, intermediate district, or nonpublic school shall apply for the grant in a form and manner prescribed by the department.

(3) The department shall make grant payments from funding under this section in an amount not to exceed $2,000.00 for each school building operated by a district, intermediate district, or nonpublic school that receives funding under this section.

(4) A district, intermediate district, or nonpublic school that receives funding under this section shall use the funding only to contract with a vendor for the completion of comprehensive safety and security assessments in schools operated by the district, intermediate district, or nonpublic school. In contracting with a vendor as described in this subsection, a district, intermediate district, or nonpublic school is encouraged to prioritize contracting with a vendor that meets all of the following:

(a) Has a well-developed and documented process for assessing safety and security in schools. The process described in this subdivision should include both of the following:

(i) An assessment of physical security and policies and procedures related to school safety and security.

(ii) A method for assessment of the process described in this subdivision.

(b) Provides actionable recommendations that are documented and within best practice for standard K to 12 environments.

(c) Provides a description of the process described in subdivision (a), including costs associated with the process.

(d) Has a history of assessing K to 12 schools as described in subdivision (a) and the ability to provide a list of references of public or nonpublic schools it has assessed.

(e) Is able to provide examples of findings reports that include a comprehensive review of all elements of safety and security that include reviews of board policies, emergency operations plans, environment, exterior and interior, policy and procedures, and training and equipment.

(f) Is able to provide ongoing assistance, including, but not limited to, board presentations, community presentations, and consulting, to any client to assist them in the implementation of any recommendations made in a findings report and the fees associated with the assistance described in this subdivision.

(g) Is able to provide basic qualifications for any assessors that will complete assessments described in subdivision (a) on behalf of the vendor, including, but not limited to, all of the following qualifications:

(i) Education.

(ii) Work history.

(iii) Experience in assessing, as described in subdivision (a), K to 12 schools.

(h) If contracting with subcontractors, ensures that the subcontractors have experience in safety and security or law enforcement for the provision of services.

(i) If contracting with subcontractors, ensures that the subcontractors have familiarity with the department’s school safety guidelines.

(j) Has experience in assessing safety and security in programs and facilities used outside of the school day, including, but not limited to, athletic facilities and programs.

(k) Has experience in assessing safety and security in facilities and programs with specialized needs, including, but not limited to, early-childhood-education facilities, special-needs facilities, community-education programs, and adult-education programs.

(l) Operates in the best interest of the district without any external vendor influence.

(m) Does not do any of the following:

(i) Represent companies that sell safety and security products.

(ii) Accept referral fees for recommending products described in subparagraph (i).

(iii) Accept or solicit referral fees, or operate on behalf of, any equipment or technology vendors.

(5) Notwithstanding section 17b, the department shall make payments under this section on a schedule determined by the department.

(1) From the state school aid fund money appropriated in section 11, there is allocated for 2023-2024 an amount not to exceed $16,000,000.00 to districts as prescribed in this section. From the federal funding appropriated under section 11, there is allocated for 2023-2024 an amount not to exceed $7,000,000.00 from the federal funding awarded to this state from the coronavirus state fiscal recovery fund under the American rescue plan act of 2021, title IX, subtitle M of Public Law 117-2, to licensed child care centers as prescribed in this section.

(2) To receive funding under this section, a district or licensed child care center must apply for the funding in a form and manner prescribed by the department. An application described in this subsection must include the number of school buildings for which the district intends to implement or, in the last year, has implemented, a risk assessment or the number of child care buildings for which the licensed child care center intends to implement or, in the last year, has implemented, a risk assessment.

(3) A district or licensed child care center that receives funding under this section shall use the funding only to implement risk assessments on all school buildings operated by the district or child care buildings operated by the licensed child care center that were specified in its application described in subsection (2) or for the reimbursement of costs incurred in the implementation of a risk assessment in the last year.

(4) Except as otherwise provided in this subsection, each district or licensed child care center shall receive funding under this section in an amount equal to $2,000.00 per school building or child care building, as included in its application described in subsection (2).

(5) A district or licensed child care center that receives funding under this section shall ensure that all of the following apply to a vendor selected by the district or licensed child care center for the implementation of a risk assessment described in subsection (3):

(a) For a vendor selected by a district, the vendor, in its provision of risk assessments, includes an assessment of physical security and policies and procedures related to school safety and security, and provides a process assessment that includes providing the district with actionable recommendations that are documented and within best practice for what is typical in the K to 12 environment. The vendor must also provide a description of the process they follow to complete an assessment that includes fees and costs associated with the assessment.

(b) For a vendor selected by a licensed child care center, the vendor, in its provision of risk assessments, includes an assessment of physical security and policies and procedures related to child care center safety and security, and provides a process assessment that includes providing the licensed child care center with actionable recommendations that are documented and within best practice for what is typical in the child care environment. The vendor must also provide a description of the process they follow to complete an assessment that includes fees and costs associated with the assessment.

(c) The vendor has a history of assessing K to 12 schools or child care centers, as applicable, and can provide a list of references in both public and private schools for districts or child care centers for licensed child care centers. The vendor is able to provide examples of findings reports that include a comprehensive review of all elements of safety and security to include reviews of board policies, emergency operations plans, environment, exterior and interior, policy and procedures, and training and equipment.

(d) The vendor operates in the best interest of the district or licensed child care center, as applicable, without any external vendor influence. The vendor should not represent companies who sell safety and security products and should not accept referral fees for recommending products. The vendor should not accept or solicit referral fees or operate on behalf of any equipment or technology vendors.

(e) The vendor has experience in safety and security or law enforcement.

(6) Funds allocated under this section for 2023-2024 are a work project appropriation, and any unexpended funds for 2023-2024 are carried forward into 2024-2025. The purpose of the work project is to continue providing funding to districts or licensed child care centers for risk assessments of school buildings operated by the districts or child care buildings operated by the licensed child care centers. The estimated completion date of the work project is September 30, 2028.

(7) Notwithstanding section 17b, the department shall make payments under this section on a schedule determined by the department.

(8) As used in this section, “licensed child care center” means a child care center that is licensed in this state and has a student capacity of at least 36 students.” and adjusting the totals in section 11 and enacting section 1 accordingly.

3. Amend page 385, line 5, after “97b,” by striking out “97c,”.

4. Amend page 385, line 13, after “388.1697b,” by striking out “388.1697c,”.

The amendment failed by voice vote

Amendment offered by Rep. Luke Meerman (R-89)

1. Amend page 162, line 22, by removing section 31n from the bill and inserting:

“Sec. 31n. (1) From the state school aid fund money appropriated in section 11, there is allocated for 2022-2023 2023-2024 for the purposes of this section an amount not to exceed $77,600,000.00 $109,545,000.00 and from the general fund money appropriated in section 11, there is allocated for 2022-2023 2023-2024 for the purposes of this section an amount not to exceed $1,300,000.00. The department and the department of health and human services shall continue a program to distribute this funding to add licensed behavioral health providers for general education pupils, and shall continue to seek federal Medicaid match funding for all eligible mental health and support services.

(2) The department and the department of health and human services shall maintain an advisory council for programs funded under this section. The advisory council shall define goals for implementation of programs funded under this section, and shall provide feedback on that implementation. At a minimum, the advisory council shall consist of representatives of state associations representing school health, school mental health, school counseling, education, health care, and other organizations, representatives from the department and the department of health and human services, and a representative from the school safety task force created under Executive Order No. 2018-5. The department and department of health and human services, working with the advisory council, shall determine an approach to increase capacity for mental health and support services in schools for general education pupils, and shall determine where that increase in capacity qualifies for federal Medicaid match funding.

(3) The advisory council shall develop a fiduciary agent checklist for intermediate districts to facilitate development of a plan to submit to the department and to the department of health and human services. The department and department of health and human services shall determine the requirements and format for intermediate districts to submit a plan for possible funding under subsection (6). The department shall make applications for funding for this program available to districts and intermediate districts not later than December 1 of each fiscal year for which funds are allocated under this section and shall award the funding not later than February 1 of each fiscal year for which funds are allocated under this section.

(4) The department of health and human services shall seek to amend the state Medicaid plan or obtain appropriate Medicaid waivers as necessary for the purpose of generating additional Medicaid match funding for school mental health and support services for general education pupils. The intent is that a successful state plan amendment or other Medicaid match mechanisms will result in additional federal Medicaid match funding for both the new funding allocated under this section and for any expenses already incurred by districts and intermediate districts for mental health and support services for general education pupils.

(5) From the state school aid fund money allocated under subsection (1), there is allocated for 2022-2023 2023-2024 an amount not to exceed $14,300,000.00 to be distributed to the network of child and adolescent health centers to place a licensed master’s level behavioral health provider in schools that do not currently have services available to general education students. Child and adolescent health centers that are part of the network described in this subsection shall provide a commitment to maintain services and implement all available federal Medicaid match methodologies. The department of health and human services shall use all existing or additional federal Medicaid match opportunities to maximize funding allocated under this subsection. The department shall provide funds under this subsection to child and adolescent health centers that are part of the network described in this subsection in the same proportion that funding under section 31a(7) 31a(6) is provided to child and adolescent health centers that are part of the network described in this subsection and that are located and operating in those districts. A payment from funding allocated under this subsection must not be paid to an entity that is not part of the network described in this subsection.

(6) From the state school aid fund money allocated under subsection (1), there is allocated for 2022-2023 2023-2024 an amount not to exceed $62,800,000.00 $91,745,000.00 to be distributed to intermediate districts for the provision of mental health and support services to general education students. If a district or intermediate district is not able to procure the services of a licensed master’s level behavioral health provider, the district or intermediate district shall notify the department and the department of health and human services and, if the department and department of health and human services verify that the district or intermediate district attempted to procure services from a master’s level behavioral health provider and was not able to do so, then the district or intermediate district may instead procure services from a provider with less than a master’s degree in behavioral health. To be able to use the exemption in the immediately preceding sentence, the district or intermediate district must submit evidence satisfactory to the department and department of health and human services demonstrating that the district or intermediate district took measures to procure the services of a licensed master’s level behavioral health provider but was unable to do so, and the department and department of health and human services must be able to verify this evidence. From the first $53,496,800.00 $56,173,600.00 of the funds allocated under this subsection, the department shall distribute $955,300.00 $1,003,100.00 for 2022-2023 2023-2024 to each intermediate district that submits a plan approved by the department and the department of health and human services. The department shall distribute the remaining $9,303,200.00 $35,571,400.00 of the funds allocated under this subsection for 2022-2023 2023-2024 to intermediate districts on an equal per-pupil basis based on the combined total number of pupils in membership in the intermediate district and its constituent districts, including public school academies that are considered to be constituent districts under section 705(7) of the revised school code, MCL 380.705. The department and department of health and human services shall work cooperatively in providing oversight and assistance to intermediate districts during the plan submission process and shall monitor the program upon implementation. An intermediate district shall use funds awarded under this subsection to provide funding to its constituent districts, including public school academies that are considered to be constituent districts under section 705(7) of the revised school code, MCL 380.705, for the provision of mental health and support services to general education students. In addition to the criteria identified under subsection (7), an intermediate district shall consider geography, cost, or other challenges when awarding funding to its constituent districts. Districts receiving funding under this subsection are encouraged to provide suicide prevention and awareness education and counseling. If funding awarded to an intermediate district remains after funds are provided by the intermediate district to its constituent districts, the intermediate district may hire or contract for experts to provide mental health and support services to general education students residing within the boundaries of the intermediate district, including, but not limited to, expanding, hiring, or contracting for staff and experts to provide those services directly or to increase access to those services through coordination with outside mental health agencies; the intermediate district may also contract with 1 or more other intermediate districts for coordination and the facilitation of activities related to providing mental health and support services to general education students residing within the boundaries of the intermediate district; and the intermediate district is encouraged to provide suicide prevention and awareness education and counseling.

(7) A district requesting funds under this section from the intermediate district in which it is located shall submit an application for funding for the provision of mental health and support services to general education pupils. A district receiving funding from the application process described in this subsection shall provide services to nonpublic students upon request. An intermediate district shall not discriminate against an application submitted by a public school academy simply on the basis of the applicant being a public school academy. The department shall approve grant applications based on the following criteria:

(a) The district’s commitment to maintain mental health and support services delivered by licensed providers into future fiscal years.

(b) The district’s commitment to work with its intermediate district to use funding it receives under this section that is spent by the district for general education pupils toward participation in federal Medicaid match methodologies. A district must provide a local match of at least 20% of the funding allocated to the district under section 31n.this section.

(c) The district’s commitment to adhere to any local funding requirements determined by the department and the department of health and human services.

(d) The extent of the district’s existing partnerships with community health care providers or the ability of the district to establish such partnerships.

(e) The district’s documentation of need, including gaps in current mental health and support services for the general education population.

(f) The district’s submission of a formal plan of action identifying the number of schools and students to be served.

(g) Whether the district will participate in ongoing trainings.

(h) Whether the district will submit an annual report to the state.

(i) Whether the district demonstrates a willingness to work with the state to establish program and service delivery benchmarks.

(j) Whether the district has developed a school safety plan or is in the process of developing a school safety plan.

(k) Any other requirements determined by the department or the department of health and human services.

(8) Funding under this section, including any federal Medicaid funds that are generated, must not be used to supplant existing services.

(9) Both of the following are allocated to the department of health and human services from the general fund money allocated under subsection (1):

(a) For 2022-2023, 2023-2024, an amount not to exceed $1,000,000.00 for the purpose of upgrading technology and systems infrastructure and other administrative requirements to support the programs funded under this section.

(b) For 2022-2023, 2023-2024, an amount not to exceed $300,000.00 for the purpose of administering the programs under this section and working on generating additional Medicaid funds as a result of programs funded under this section.

(10) From the state school aid fund money allocated under subsection (1), there is allocated for 2022-2023 2023-2024 an amount not to exceed $500,000.00 to intermediate districts on an equal per intermediate district basis for the purpose of administering programs funded under this section.

(11) The department and the department of health and human services shall work with the advisory council to develop proposed measurements of outcomes and performance. Those measurements must include, at a minimum, the number of pupils served, the number of schools served, and where those pupils and schools were located. The department and the department of health and human services shall compile data necessary to measure outcomes and performance, and districts and intermediate districts receiving funding under this section shall provide data requested by the department and department of health and human services for the measurement of outcomes and performance. The department and department of health and human services shall provide an annual report not later than December 1 of each year to the house and senate appropriations subcommittees on school aid and health and human services, to the house and senate fiscal agencies, and to the state budget director. At a minimum, the report must include measurements of outcomes and performance, proposals to increase efficacy and usefulness, proposals to increase performance, and proposals to expand coverage.

(12) From the state school aid fund money allocated in subsection (1), there is allocated for 2023-2024 an amount not to exceed $3,000,000.00 to districts and intermediate districts to improve student mental health services through the adoption and implementation of tools that are compliant with the health insurance portability and accountability act of 1996, Public Law 104-191, for the purposes of conducting mental health screenings, managing referral and consent, care management and coordination, virtual visits, and reporting on outcomes. The department, in collaboration with intermediate districts, shall develop guidance on eligible tools for which funding under this subsection may be utilized. Funds must be distributed to districts and intermediate districts for the purchase or licensing of, and for the implementation of, eligible tools, including, but not limited to, a platform to access multiple assessments; for professional development concerning the use of eligible tools and how to respond to results; and for the development of local and regional systems to coordinate student services. Notwithstanding section 17b, the department shall make payments under this subsection on a schedule determined by the department. Funds allocated under this subsection for 2023-2024 are a work project appropriation, and any unexpended funds for 2023-2024 are carried forward into 2024-2025. The purpose of the work project is to provide and deploy mental health screening tools and referral processes in districts and intermediate districts statewide. The estimated completion date of the work project is September 30, 2028.

(13) (12) A district or intermediate district that receives funding directly or indirectly under this section may carry over any unexpended funds received under this section for up to 2 fiscal years beyond the fiscal year in which the funds were received.” and adjusting the totals in section 11 and enacting section 1 accordingly.

2. Amend page 178, following line 9, by inserting:

“Sec. 31ii. (1) From the federal funding appropriated in section 11, there is allocated an amount not to exceed $5,000,000.00 for 2023-2024 from the federal funding awarded to this state from the coronavirus state fiscal recovery fund under the American rescue plan act of 2021, title IX, subtitle M of Public Law 117-2, to the department to implement a behavioral health learning collaborative as provided in this section. The collaborative described in this subsection must be designed to foster collaboration between districts, intermediate districts, and mental health professionals across this state.

(2) The department shall spend the funding allocated under subsection (1) as follows in developing the collaborative described in subsection (1):

(a) Not less than $1,000,000.00 for platform development.

(b) Not less than $3,500,000.00 for tool purchasing and licensing.

(3) The collaborative described in subsection (1) must meet, at a minimum, all of the following criteria:

(a) It must consist of an online training and resource center that can be accessed by professionals, youth, parents, legal guardians, teachers, and school administrators.

(b) It must include on-demand trainings and resources for assistance in the event of a crisis. The trainings and resources described in this subdivision must provide for the following:

(i) A system through which youth, families, educators, and crisis centers can access student mental health best practices through a public platform.

(ii) A system through which health professionals can access community summits, curricula, data, trainings, peer-reviewed materials, and the BH-Works portal, through a private platform.

(c) It must create a statewide standard for mental health needs and best practices for treatment for districts and intermediate districts.

(4) For purposes of this section, the department shall procure any licensing of tools and assessments for districts and intermediate districts that require those licenses or tools for utilization of the collaborative described in this section in treating student mental health needs.

(5) The funds allocated under this section for 2023-2024 are a work project appropriation, and any unexpended funds for 2023-2024 are carried forward into 2024-2025. The purpose of the work project is to provide and deploy an online portal for tools and best practices for treatment for student mental health needs. The estimated completion date of the work project is September 30, 2026.” and adjusting the totals in section 11 and enacting section 1 accordingly.

3. Amend page 307, line 4, by removing section 97 from the bill and inserting:

“Sec. 97. (1) From the state school aid fund money appropriated in section 11, there is allocated $150,000,000.00 $310,000,000.00 for 2022-2023 2023-2024 only, and from the general fund money appropriated in section 11, there is allocated $18,000,000.00 for 2022-2023 2023-2024 only, to provide payments to districts, intermediate districts, and nonpublic schools for activities to improve student safety. It is intended that 50% of the state school aid fund money allocated in this section is distributed to districts and intermediate districts during 2023-2024 and 50% is distributed during 2024-2025. Allowable expenditures of funds allocated under this section include, but are not limited to, the following:

(a) Coordination with local law enforcement.

(b) Training for school staff on threat assessment.

(c) Training for school staff and students on threat response.

(d) Training for school staff on crisis communication.

(e) Safety infrastructure, including, but not limited to, cameras, door blocks, hardened vestibules, window screening, and technology necessary to operate buzzer systems. This may also include firearm detection software that integrates to existing security cameras to detect and alert school personnel and first responders to visible firearms on school property. The software described in the immediately preceding sentence must be organically developed and proprietary to the company it is purchased from and should not include any third-party or open-source data.

(f) Age-appropriate training for students and families on responsible gun ownership.

(g) Providing professional development to school resource officers that includes training on the best practices for serving in a school setting.

(h) School resource officers.

(i) (h) Any other school safety service or product necessary to improve or maintain security in buildings.

(2) From the state school aid fund money allocated in subsection (1), the following amounts are allocated as follows:

(a) An amount not to exceed $150,000,000.00 for the department shall to make payments to districts in an equal amount per pupil based on the total number of pupils in membership in each district.

(b) An amount not to exceed $10,000,000.00 for the department to make payments to intermediate districts in an equal amount per pupil based on the total number of pupils in membership in the constituent districts of each intermediate district. As used in this subdivision, “constituent district” means that term as defined in section 3 of the revised school code, MCL 380.3.

(3) From the general fund money allocated in subsection (1), the department shall make payments to nonpublic schools in an equal amount per pupil, using pupil counts determined by the department. The department shall ensure that the amount per pupil paid to nonpublic schools does not exceed the amount per pupil paid to districts and intermediate districts.

(4) (3) If funding remains after the distribution of funds described in subsection subsections (2) and (3), the department may provide additional per-pupil allocations to allocate remaining funding, using for those calculations the same requirements described in subsection subsections (2) and (3).

(5) (4) To receive funding under this section, districts, intermediate districts, and nonpublic schools must apply for the funding in a form and manner prescribed by the department. As part of the application process described in this subsection, districts, intermediate districts, and nonpublic schools must document how they will use community input to guide the expenditure of these funds and must commit to hosting at least 1 community conversation about school safety and student mental health.

(6) The funds allocated under this section for 2023-2024 are a work project appropriation, and any unexpended funds for 2023-2024 are carried forward into 2024-2025. The purpose of the work project is to increase school safety as described in this section. The estimated completion date of the work project is September 30, 2025.

(7) (5) Notwithstanding section 17b, the department shall make payments under this section on a schedule determined by the department.” and adjusting the totals in section 11 and enacting section 1 accordingly.

4. Amend page 311, following line 6, by inserting:

“Sec. 97h. (1) From the federal funding appropriated in section 11, there is allocated for 2023-2024 an amount not to exceed $8,400,000.00 from the federal funding awarded to this state from the coronavirus state fiscal recovery fund under the American rescue plan act of 2021, title IX, subtitle M of Public Law 117-2, to support 1 mental health coordinator and 1 emergency and safety manager for each intermediate district in this state.

(2) Each mental health coordinator and emergency and safety manager must receive a payment of $75,000.00.

(3) The mental health coordinators and emergency and safety managers receiving funding under this section shall do all of the following:

(a) Coordinate state funding intended to enhance and expand the availability of mental health services and supports for students.

(b) Coordinate the integration of community-based mental health services in the intermediate district and districts located in the intermediate district and foster partnerships between the intermediate district, districts located in the intermediate district, and mental health providers.

(c) Facilitate behavioral health assessment teams.

(d) Develop and implement a comprehensive school-community mental health system.

(e) Develop and curate a behavioral health community resource map.

(f) Facilitate and support the deployment of BH-Works, the behavioral health care platform, in the intermediate district and districts located in the intermediate district.

(g) Compile data to measure outcomes and performance of behavioral health programs in the intermediate district and districts located in the intermediate district.

(h) Recruit, retain, and develop the use of behavioral health providers for or in the intermediate district and districts located in the intermediate district.

(i) Provide training and coaching and coordinate professional learning opportunities in the intermediate district and districts located in the intermediate district.

(j) Oversee and monitor Medicaid billing and the Caring for Students (C4S) program as it pertains to the intermediate district and districts located in the intermediate district.

(k) Perform risk assessments of and provide response training in the intermediate district and districts located in the intermediate district.

(4) The federal funding allocated under this section is intended to respond to the COVID-19 public health emergency and its negative impacts.” and adjusting the totals in section 11 and enacting section 1 accordingly.

The amendment failed by voice vote

Amendment offered by Rep. Luke Meerman (R-89)

1. Amend page 309, following line 14, by inserting:

“Sec. 97e. (1) From the general fund money appropriated in section 11, there is allocated for 2022-2023 2023-2024 only an amount not to exceed $2,000,000.00 for the commission.

(2) The school safety and mental health commission is created within the department.

(3) The commission must consist of all of the following members who must be appointed by the governor as follows:

(a) One member from a list of 3 or more names submitted by the minority leader of the house of representatives who has experience in school mental health.

(b) One member from a list of 3 or more names submitted by the speaker of the house of representatives who has a background in law enforcement.

(c) One member from a list of 3 or more names submitted by the speaker of the house of representatives who is a parent.

(d) One member from a list of 3 or more names submitted by the senate minority leader who is a school psychologist or psychiatrist.

(e) One member from a list of 3 or more names submitted by the senate majority leader who is a prosecutor.

(f) One member from a list of 3 or more names submitted by the senate majority leader who is a teacher.

(g) One member who has a background in school administration.

(h) One member who has experience in school-threat assessments.

(i) One member who has experience in the provision of inpatient treatment to children under age 18.

(4) The director of the department of health and human services or the director’s designee may be a member of the commission. In addition, the following department heads or their designees that are from within their respective departments or agencies may be nonvoting, ex officio members of the commission:

(a) The director of the department of state police.

(b) The superintendent of public instruction.

(5) The governor shall appoint 5 of the first members to 2-year terms and 4 of the first members to 4-year terms. After the first appointments, the term of a member of the commission is 4 years or until a successor is appointed under subsection (3), whichever is later.

(6) If a vacancy occurs on the commission, an individual must be appointed in the same manner as prescribed under subsection (3) to fill the vacancy for the balance of the term.

(7) The governor may remove a member of the commission for incompetence, dereliction of duty, malfeasance, or nonfeasance in office, or any other good cause.

(8) The commission shall meet at least monthly.

(9) A majority of the members of the commission constitutes a quorum for transacting business. A vote of the majority of the members of the commission serving is required for any action of the commission.

(10) The commission shall conduct its business in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

(11) A writing that is prepared, owned, used, possessed, or retained by the commission in performing an official function is subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(12) A member of the commission is not entitled to compensation for service on the commission, but the commission may reimburse a member for actual and necessary expenses incurred in serving.

(13) The commission shall do all of the following:

(a) Collaborate to provide recommendations to reduce youth suicides and strengthen the mental health of school-aged children, adolescents, and their families through a comprehensive, statewide approach.

(b) Seek input from educational professionals, mental health professionals, and organizations from across this state to suggest approaches to identify and support students at risk of behavioral health issues.

(c) Collaborate with the Michigan suicide prevention commission on recommendations regarding youth suicide.

(d) Create and maintain an online community through which best practices and resources can be shared, host professional trainings, and engage in public awareness efforts regarding mental health issues and resources.

(e) Review possible uses of and make recommendations for the use of funds received by districts and nonpublic schools under section 97.

(f) Convey recommendations to the department of licensing and regulatory affairs and the bureau of construction codes within the department of licensing and regulatory affairs concerning building construction that is consistent with school safety needs.

(14) The commission may hire an executive director and staff.

(15) As used in this section, “commission” means the school safety and mental health commission created in subsection (2).” and adjusting the totals in section 11 and enacting section 1 accordingly.

2. Amend page 385, line 5, after “97d,” by striking out “97e,”.

3. Amend page 385, line 13, after “388.1697d,” by striking out “388.1697e,”.

The amendment failed by voice vote

Passed in the House 56 to 52 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

May 11, 2023

Referred to the Committee of the Whole

June 28, 2023

Referred to the Committee on Appropriations