HB 5797 — School aid: penalties; exception to minimum days of pupil instruction requirement for inclement weather; revise. Amends sec. 101 of 1979 PA 94 (MCL 388.1701).

HB-5797, As Passed Senate,House, May 20,14, 2026 SUBSTITUTE FOR HOUSE BILL NO.

(1) To be eligible to receive state aid under this article, not later than the fifth Wednesday after the pupil membership count day and not later than the fifth Wednesday after the supplemental count day, each district superintendent shall submit and certify to the center and the intermediate superintendent, in the form and manner prescribed by the center, the number of pupils enrolled and in regular daily attendance, including identification of tuition-paying pupils, in the district as of the pupil membership count day and as of the supplemental CRM H06844'26 (H-4)_HB5797_APS_1(H-4)_HB5797_APH_1 3xzwq7tygimb 1 count day, as applicable, for the current school year.

(2) To be eligible to receive state aid under this article, not later than the twenty-fourth Wednesday after the pupil membership count day and not later than the twenty-fourth Wednesday after the supplemental count day, an intermediate district shall submit to the center, in a form and manner prescribed by the center, the audited enrollment and attendance data as described in CRM H06844'26 (H-4)_HB5797_APS_1(H-4)_HB5797_APH_1 3xzwq7tygimb 1 subsection (1) for the pupils of its constituent districts and of the intermediate district.

Not later than the first business day in August, the CRM H06844'26 (H-4)_HB5797_APS_1(H-4)_HB5797_APH_1 3xzwq7tygimb 1 board of each district shall either certify to the department that the district was in full compliance with this section regarding the number of hours and days of pupil instruction in the previous school year, or report to the department, in a form and manner prescribed by the center, each instance of noncompliance.

Instead, for any of those days, if the district does not have at least 60% of the district's membership in attendance on that day, the department shall pay the CRM H06844'26 (H-4)_HB5797_APS_1(H-4)_HB5797_APH_1 3xzwq7tygimb 1 district state aid in that proportion of 1/180 that the actual percentage of attendance bears to 60%.

(i) If the waiver is for a blended model of delivery, a waiver that is granted for the 2011-2012 fiscal year or a subsequent fiscal year remains in effect unless it is revoked by the CRM H06844'26 (H-4)_HB5797_APS_1(H-4)_HB5797_APH_1 3xzwq7tygimb 1 superintendent.

The amount that may be exempted under this subdivision is in addition to any days counted CRM H06844'26 (H-4)_HB5797_APS_1(H-4)_HB5797_APH_1 3xzwq7tygimb 1 as pupil instruction under subsection (4).

CRM H06844'26 (H-4)_HB5797_APS_1(H-4)_HB5797_APH_1 3xzwq7tygimb 1 (J) Roscommon County.

CRM H06844'26 (H-4)_HB5797_APS_1(H-4)_HB5797_APH_1 3xzwq7tygimb 1 (MM) Luce County.

(d) (b) With the approval of the superintendent of public instruction, the department shall count as hours and days of pupil instruction for a fiscal year not more than 3 additional days or the equivalent number of additional hours for which pupil CRM H06844'26 (H-4)_HB5797_APS_1(H-4)_HB5797_APH_1 3xzwq7tygimb 1 instruction is not provided in a district due to unusual and extenuating occurrences resulting from conditions not within the control of school authorities such as those conditions described in this subsection.

(6) In addition to any other penalty or forfeiture under this section, if at any time the department determines that 1 or more of the following have occurred in a district, the district forfeits in CRM H06844'26 (H-4)_HB5797_APS_1(H-4)_HB5797_APH_1 3xzwq7tygimb 1 the current fiscal year beginning in the next payment to be calculated by the department a proportion of the funds due to the district under this article that is equal to the proportion below the required minimum number of hours and days of pupil instruction under subsection (3), as specified in the following:

(c) Except as otherwise provided in this subdivision, a pupil in grades 9 to 12 for whom a reduced schedule is determined to be in the individual pupil's best educational interest, or a pupil in grades 6 to 8 for whom a reduced schedule is determined to be in CRM H06844'26 (H-4)_HB5797_APS_1(H-4)_HB5797_APH_1 3xzwq7tygimb 1 the individual pupil's best educational interest due to the pupil's participation in an advanced curriculum, must be scheduled for a number of hours equal to at least 80% of the required minimum number of hours of pupil instruction to be considered a full-time equivalent pupil.

(ii) The board of the district or intermediate district employing or assigning the instructor complies with the requirements of sections 1230 and 1230a of the revised school code, CRM H06844'26 (H-4)_HB5797_APS_1(H-4)_HB5797_APH_1 3xzwq7tygimb 1 MCL 380.1230 and 380.1230a, with respect to the instructor to the same extent as if employing the instructor as a regular classroom teacher.

(b) If the waiver is for a 100% online model of delivery and CRM H06844'26 (H-4)_HB5797_APS_1(H-4)_HB5797_APH_1 3xzwq7tygimb 1 the educational program for which the waiver is granted makes educational services available to pupils for a minimum of at least 1,098 hours during a school year and ensures that each pupil is on track for course completion at proficiency level, a waiver that is granted for the 2011-2012 fiscal year or a subsequent fiscal year remains in effect unless it is revoked by the superintendent.

The department shall issue a list of approved online professional development providers that must include the Michigan CRM H06844'26 (H-4)_HB5797_APS_1(H-4)_HB5797_APH_1 3xzwq7tygimb 1 Virtual School.

(11) Subsections (3) and (8) do not apply to a school of excellence that is a cyber school, as that term is defined in section 551 of the revised school code, MCL 380.551, and is in CRM H06844'26 (H-4)_HB5797_APS_1(H-4)_HB5797_APH_1 3xzwq7tygimb 1 compliance with section 553a of the revised school code, MCL 380.553a.

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