[nfbmi-talk] Fw: Agenda for the BSBP Commission for Blind Personsmeeting July 18, 2013

joe harcz Comcast joeharcz at comcast.net
Wed Jul 17 12:43:35 UTC 2013


Can BSBP start a charter school for the blind under this law:

(Short answer is NO!"

JOe


Rev. January 2012

Michigan Charter Schools -Questions and Answers

GENERAL 
..................................................................................................................................... 
1

STARTING A CHARTER SCHOOL 
............................................................................................ 
3

WORKING WITH AN AUTHORIZER 
........................................................................................ 
4

EDUCATIONAL PROGRAM/SUPPORT SERVICES 
................................................................. 4

ENROLLMENT 
............................................................................................................................. 
6

FACILITIES 
.................................................................................................................................. 
7

FINANCE 
...................................................................................................................................... 
8

PROBLEMS/CONCERNS 
........................................................................................................... 
10

START-UP FUNDING 
................................................................................................................ 
11

STAFFING 
.................................................................................................................................. 
12

AUTHORIZERS 
........................................................................................................................... 
13

SERVICE PROVIDERS 
............................................................................................................... 
15

CHARTER SCHOOL BOARDS 
.................................................................................................. 
16

SPECIAL EDUCATION 
.............................................................................................................. 
17

GENERAL

1. What is a public school academy (PSA)? Pursuant to the Revised School 
Code (RSC), also known as Public Act 451 of 1976 , a PSA is a

state-supported public school under the state constitution, operating under 
a charter contract

issued by a public authorizing body [RSC §380.501(1)]. PSAs are also 
commonly referred to as

charter schools.

Charter schools may include grades K-12 or any combination of those grades. 
They may not

charge tuition and must serve anyone who applies to attend up to enrollment 
capacity; that is,

they may not screen out students based on race, religion, gender, or test 
scores. Students are

selected randomly for admission if the number of students applying exceeds 
the school's

enrollment capacity [RSC §380.504(2)]. Charter teachers must be certified 
and "highly qualified"

as defined in the federal Elementary and Secondary Education Act (ESEA) 
[§380.505(1)]; charter

school students are assessed annually as part of the Michigan Education 
Assessment Program

(MEAP), and charter schools are required to administer other state mandated 
assessments such

as the Michigan Merit Exam (MME) and the English Language Proficiency 
Assessment (ELPA).

Charter schools cannot be religiously affiliated [RSC §380.502(1)].

1

2. What laws govern the establishment and operation of a Michigan charter 
school? Part 6A of Michigan's Revised School Code was adopted to allow for 
the establishment of PSAs

in Michigan (MCL 380.501 et seq). Following this change, three additional 
sections of law were

added to provide for the establishment of two additional categories of 
charter schools:

? Urban High School Academies (UHSAs) chartered under MCL 380.521 - 380.529,

commonly referenced as Part 6C of the Revised School Code. These schools can 
only

be authorized by state public universities. ? Schools of Excellence (SOEs) 
chartered under MCL 380.551 -380.561, commonly

referred to as Part 6E of the Revised School Code. Schools of Excellence are 
established

as either (1) a replication of a high performing school (2) a cyber school 
or (3) a

conversion of a 6A school based on criteria that define superior academic 
performance. ? Strict Discipline Academies (SDAs) chartered under the 
Revised School Code (MCL

380.1311b - 380.1311l). SDAs are established for the purpose of serving 
suspended,

expelled or incarcerated young people. In December 2011, the state 
legislature passed Public Act 277, which contained numerous

amendments to sections 6A, 6C and 6E. Collectively, PSAs, UHSAs, SOEs and 
SDAs are called

charter schools throughout the remainder of this document. While UHSAs and 
SDAs are defined

as charter schools under certain sections of Michigan law, these entities 
have some unique

statutory features. Individuals and organizations interested in developing 
schools in any of

these three categories should review the documents available at 
www.michigan.gov/charters,

and then contact the MDE Public School Academies unit at (517) 373-4631 with 
specific

questions.

3. Who may apply for a charter? Any parent, teacher, group or entity may 
apply for a charter. Please refer to question 6 (below)

for more details.

4. How are charter schools funded? All charter schools are funded through 
the State School Aid Act [1979 PA 94, as amended, Article

1 §388.1606(6)(1)]. A charter school receives funding through the per-pupil 
base foundation.

By law, this amount may not exceed the per-pupil base foundation received by 
the local school

district where the charter school is geographically located [1979 PA 94, as 
amended, Article 2

§388.1620(6)].

5. Does a charter school qualify for state and federal grant funds in the 
same manner as a local

school district? Yes, a charter school may access state and federal grants 
in the same manner as local school

districts. [RSC §380.504a(f)] Various factors apply to the eligibility of 
charter schools and school

districts to apply for grants.

2

STARTING A CHARTER SCHOOL

6. What steps are needed to start a charter school? A charter school must be 
chartered by the governing board of a public body that is authorized to

issue charter contracts pursuant to Michigan law. In Michigan, an 
"authorizing body" means any

of the following, pursuant to RSC §380.501(1):

. State Public University . Community College . K-12 Local Education Agency 
(Traditional School District) . Intermediate School District (ISD) . Two or 
more of these public agencies exercising power, privilege, or authority 
jointly

pursuant to an interlocal agreement However, not all potential authorizers 
take advantage of the opportunity to issue charters. The

list of authorizers of current authorizers is located at the MDE PSA unit 
website

(www.michigan.gov/charters) at the Directories and Lists link.

This does not preclude charter school developers from requesting 
consideration from other

potential authorizers . At this time there is a cap imposed on the number of 
charter schools that

state public universities may authorize. This cap expires as of December 31, 
2014. There is no

cap imposed on any other type of authorizers, but those authorizers are only 
able to issue

charters to schools that will be organized and operated within the their 
specific geographic

boundaries [§380.502(2)(d)].

Information regarding "Steps to Starting a Charter School" can be accessed 
via the National

Charter School Resource Center website:

http://www.charterschoolcenter.org/priority-area/starting-charter-school/

Interested developers should review and become familiar with all of the 
materials on the MDE

PSA website before embarking on the charter school development journey.

(www.michigan.gov/charters)

7. May private schools become charter schools? Private schools may become 
charter schools only if they cease operating as a private entity,

obtain a charter from a qualified authorizer, and re-open as a public school 
that meets all the

requirements of state law. (Additional information on this can be found 
within the 2011

Federal Charter School Program Nonregulatory Guidance located as a link at 
the MDE PSA

website.)

3

8. May a charter school be religiously affiliated? No. A charter school must 
maintain the separation between church and state. If a charter

school is utilizing a building that has religious symbols present, they must 
be removed or

covered [RSC §380.502(1)].

WORKING WITH AN AUTHORIZER

9. Which authorizers are accepting charter applications? To determine which 
authorizers are accepting charter applications, begin with an analysis of

where the proposed charter school will be located. There are multiple 
eligible authorizers to

work with each development team. The local school district, intermediate 
school district, and

community college are able to issue charter school contracts within their 
geographic

boundaries.

The cap on the number of state public university-authorized PSAs has been 
increased by the

2011 legislation. As of the writing of this document, a total of 300 
charters can be issued by

state public universities through December 2012, increasing to a total of 
500 through December

2014 and thereafter, there is no cap. In the meantime opportunities also 
become available due

to school closures [RSC §380.502(2)(d)] . Bay Mills Community College, which 
also has statewide

chartering authority, and is not subject to the cap.

10. How does a developer apply for a charter? Each Michigan authorizer has 
its own process, forms, and requirements. However, the Michigan

Council of Charter School Authorizers (MCCSA) has developed a common Phase I 
charter

application that can help developers plan for the types of questions they 
will be asked. The

form is available at their website (www.mccsa.us) As chartering 
opportunities become

available, each authorizer will identify the specific process to be used.

11. What should be contained in a contract issued to organize and administer 
a charter school? Please refer to the contract checklist available at the 
MDE PSA website under Charter School

Authorizers and Vendors section and/or review RSC §380.503(6).

EDUCATIONAL PROGRAM/SUPPORT SERVICES

12. Are charter schools required to adopt core content standards? Local 
education agencies and public school academies are required to adopt a model 
core

curriculum per Section 380.1278 of the Revised School Code.

4

13. May a charter school offer a single gender program? A charter school may 
offer a single gender class or program in which enrollment is limited to

pupils of a single gender if the charter school enrolls students of both 
genders. The charter

school must also make available to pupils a substantially equal 
coeducational class or program

and a substantially equal class or program for pupils of the other gender or 
both genders. In

addition, participation in the single-gender school, class, or program must 
be voluntary. [RSC

§380.475 and 380.1146 ]

Charter schools that opt to pursue a single-gender program are advised to 
work very closely

with legal counsel to determine that all aspects of the program are handled 
appropriately.

14. May charter schools be granted waivers for rules and regulations? 
Waivers may be requested for sections of law or rule where the State 
Superintendent of Public

Instruction has legal authority to grant such a waiver. The request will 
then go to the Waiver

Review Advisory Committee at the Michigan Department of Education (MDE). If 
recommended

for approval, it will go to the State Superintendent of Public Instruction 
for approval.

15. Who provides transportation to a charter school? In general, a charter 
school is considered a local school district and is responsible for 
following

the same legislative guidelines for transporting students as a local 
traditional school district,

except that charter schools are not considered districts under 1321, as they 
have no resident

students. Therefore a charter school may charge for transportation or 
contract with a 3rd party

vendor who charges for this service. For further information on 
transportation issues, call (517)

373-6388 to contact the Office of Grants Coordination and School Support.

16. Does a charter school have to use certified teachers? Certification 
requirements for charter school teachers are identical to those of local 
school

district teachers. Special exceptions are made for a charter school that is 
authorized by a state

public university or community college that may wish to use adjunct 
professors to teach charter

school students (refer to Section 380.505).

Charter schools that accept Title I funds also are required to adhere to the 
"Highly Qualified

Teacher" provisions of the federal ESEA.

17. Are charter schools required to report immunization on their students? 
If so, how? Charter schools are required to report immunizations. If the 
charter school is new, then it must

report on all students. If the charter school has been open for more than a 
year, it must report

only on the newly enrolled pupils. For more information on this topic, 
please contact the Office

of Grants Coordination & School Support at (517) 373-1122.

5

18. Do charter schools have to offer instruction in health and sex 
education? Charter schools are bound by the same statutory curriculuar 
requirements as any traditional

school district. Those regulations are found in various sections of the 
Revised School Code and

School State Aid Act.

ENROLLMENT

19. May a charter school be selective in its admissions policy? Except as 
prescribed in law, a charter school may not be selective in its enrollment 
process. It

may not screen out students based on disability, race, religion, gender, 
test scores, etc. It may

predetermine the ages, grades, and number of students it will serve. A 
random selection

process must be used if the number of applicants exceeds the school's 
enrollment capacity.

20. If a student is enrolled in a charter school during a particular school 
year, does the student

have to be part of the random selection if the charter school exceeds its 
enrollment number

the following school year? No, a student is automatically granted enrollment 
privileges for succeeding school years.

Siblings of admitted students are granted enrollment priority, and children 
of school employees

and board members may be offered enrollment priority.

21. If a student voluntarily leaves a charter school, must the student's 
resident school district

enroll the student? Yes, with the exception of expulsion due to possession 
of weapons, committing arson, or

criminal sexual conduct in a school building or on school grounds, as 
outlined in the Revised

School Code, MCL 380.1311. Expulsions should be handled on an individual 
basis.

20. If a student voluntarily leaves a local school district, must a charter 
school enroll the student? Yes, with a couple of notable exceptions. A 
charter school may deny enrollment if has reached

its enrollment capacity for that student's age or grade, or the school's 
total enrollment cap as

established by the charter contract. It may also deny enrollment if School 
Board policy

stipulates that the school can no longer accept enrollment applications for 
the current year.

22. Does a charter school have to enroll a student that has been expelled 
from another district? A PSA or UHSA does not have to accept the expelled 
student. The school may choose to enroll a

student who was expelled from their resident district only if the student 
was not expelled under

the mandatory expulsions sections described below. In the case of SDAs, the 
acceptance of

expelled or adjudicated students is central to the school's purpose.

It is important to note that Michigan law does provide for permanent 
expulsion under certain

circumstances. Unless the school district operates or participates in an 
alternative education

program appropriate for a student expelled pursuant to section 380.1311(2) 
and at the school

6

district's discretion admits the student to that program or a "strict 
discipline academy," the

student is expelled from all Michigan public schools. The student cannot be 
enrolled unless

reinstated pursuant to the provisions discussed below [MCL 380.1311(2)].

A program operated for expelled students must ensure that a student is 
physically separated at

all times during the school day from the general pupil population. A student 
who has been

suspended or expelled from his or her resident district for any reason may 
attend a nonresident

alternative education program without the resident district's approval [MCL 
388.1606(6)(h)]. If

the student is not placed in an alternative education program or a "strict 
discipline academy,"

the school district may provide or arrange for the intermediate school 
district to provide to the

student appropriate instructional services at home. Homebound services are 
designed to help

students who are unable to attend school to keep up with their studies [MCL 
388.1709].

It is the responsibility of the parent or legal guardian to locate a 
suitable alternative education

program and to enroll their child in a program during the expulsion. For 
further information

regarding alternative education programs available in your area, contact 
your local or

intermediate school district or the Office of Safe Schools at (517) 
373-1024.

23. When a student transfers from one school to another, how are his/her 
records handled? Michigan law requires that within 14 days after enrolling a 
transfer student, the school shall

request the student's record, including any Individualized Educational Plan 
(IEP) for a special

education pupil, in writing from the previous school (MCL 380.1135). The 
previous school has

up to 30 days to comply. All Michigan schools have been advised that they 
should have

procedures in place to facilitate these transfers.

FACILITIES

24. What requirements are in place for charter school facilities? Public Act 
277of 2011 amended the Revised School Code to allow a PSA to serve the same

grades at multiple sites provided it presents documentation that it is 
operating in compliance

with its contract and is making measurable progress toward meeting its 
educational goals, or,

for new schools, can demonstrate that the educational model has resulted in 
schools that can

demonstrate measurable progress.

Michigan law requires that any school operating in the state have a valid 
Certificate of

Occupancy and make available to the public all health and safety reports 
regarding school

facilities. Failure to obtain necessary inspections and obtain this 
certificate results in a potential

withholding of State Aid.

Information about the requirements and procedures for obtaining a 
Certificate of Occupancy is

maintained at the Bureau of Licensing and Regulatory Affairs (LARA). Please 
feel free to call

(517) 241-9302 with specific questions. 7

25. Are resources available to support charter schools with their facilities 
costs? Property occupied by a public school academy and used exclusively for 
educational purposes is

exempt from some real and personal property taxes.

The Michigan Public Educational Facilities Authority is dedicated to 
providing opportunities for

low cost financing and technical assistance for qualified public educational 
facilities and public

school academies through its bonding and loan programs. Please feel free to 
call (517) 3350994 to learn more.

FINANCE

26. Can a charter school charge tuition? Unlike traditional school 
districts, a charter school may not charge tuition. Charter schools are,

by statute, free and open to all Michigan residents.

27. Must all state and federal education dollars be sent directly to the 
authorizing body of the

charter school? No. The law requires only that payments under the State 
School Aid Act be sent directly to the

authorizing bodies. A charter school may receive federal grant funds 
directly from the Michigan

Department of Education by following the same procedures that traditional 
school districts are

required to follow.

28. Is a charter school considered a constituent district in intermediate 
school districts for

purposes of area vocational/career and technical education millage, and do 
charter school

students have access to the programs and services provided with those funds? 
Yes, just as with any other traditional school district located in the 
intermediate school district.

Services funded through vocational/career and technical education millage 
dollars must be

allocated to a charter school on the same proportional basis used for other 
constituent districts.

29. Is a charter school eligible for categorical vocational/career and 
technical education state aid

payments? Yes. The program must meet necessary guidelines and be approved by 
the Office of Career and

Technical Education. Please feel free to call (517) 373-3373 with specific 
questions.

30. Where can a charter school get more information about vocational/career 
and technical

education program approval? Contact the Office of Career and Technical 
Education by reviewing their website, or call (517)

373-3373 with specific questions.

8

31. What are the common responsibilities of charter schools to the Michigan 
Department of

Education (MDE) as they relate to financial reporting? . Charter schools are 
required to follow a common fiscal year. That year begins July 1 and

ends June 30 of the following calendar year (MCL 380.1133). . Charter 
schools are required to follow generally accepted accounting principles for

governmental entities. The Michigan School Accounting Manual addresses many 
of

these principles and should be used as a reference. Specific questions 
related to school

accounting issues may be directed to the Office of State Aid and School 
Finance at (517)

335-0524. . Charter schools are required to follow a uniform chart of 
accounts. The chart of

accounts is found in the Michigan School Accounting Manual. Section 
380.1281(c) of

the Revised School Code requires the Michigan Department of Education to: 
"Prescribe appropriate uniform pupil and finance accounting records for use 
in

school districts, public school academies, and intermediate school districts 
and

promulgate rules for their adoption."

. Charter schools are to submit an annual comprehensive financial report 
into the

Financial Information Database (FID) maintained by the Center for 
Educational

Performance and Information (CEPI) using the chart of accounts prescribed in 
the

Michigan School Accounting Manual. The report is submitted electronically, 
and is filed

with MDE by November 15 of each year. The penalty for noncompliance is the

withholding of state school aid payments. See Section 388.1618(3) and (5) of 
the State

School Aid Act. . Charter schools are required to have an independent audit 
of their financial accounting

records conducted at least annually by a certified public accountant. The 
audit reports

are filed with MDE no later than November 15 of each year. Guidance for the 
audit is

given in the Michigan School Auditing Manual. The penalty for noncompliance 
is the

withholding of state school aid payments. See Section 388.1618(2) and (5) of 
the State

School Aid Act. . All charter school financial audits are subject to 
Government Auditing Standards (GAS).

The book describing the standards is available online by visiting 
www.gao.gov. . Charter school boards shall adopt a budget prior to the 
commencement of the fiscal

year, using the minimum levels of appropriation described in Section IV of 
the Michigan

School Accounting Manual. . Charter schools are not to adopt or operate 
under a "deficit budget" (State School Aid

Act, MCL 388.1702. MDE closely monitors entities that violate this 
statute). . Charter schools should always seek competent legal counsel 
before entering into any

binding legal or borrowing agreement. 9

. Charter schools must provide the same transparency information on their 
website that

all public schools provide [MCL 388.1618(2) and RSC 503(6)(1)]. 
PROBLEMS/CONCERNS

32. What is the chain of accountability to be used if a problem is 
identified at the academy? The school should have in place a student 
handbook that may address the issue. If not, the

protocol for raising issues and concerns is to begin with the teacher, then 
the principal, and then

the board of directors over the academy. It is important to give the school 
and its leadership an

opportunity to correct the problem first. If the problem or concern 
continues after discussing it

at the school level, the next step is to contact the school's authorizer.

33. What question should a parent ask a charter school representative before 
choosing to send a

child to that school? All charter schools are different, even if they use 
the same curriculum. Visit the school and ask

questions about the school's educational program, leadership (governing 
board and

administration), faculty, and policies. Most schools will provide a 
Parent/Student Handbook,

which includes general information.

Several online resources for choosing a school are also available, such as 
www.school4me.org.

You can obtain recent test score averages for any school (and compare them 
to each other and

the state) at www.mischooldata.org..

34. Can a charter school charge for uniforms or badges/emblems to be worn on 
clothing? Michigan's State Board of Education has issued the following 
position statement on clothing and

uniforms. . It is recommended that any fees be disclosed in a student 
handbook and that the

student handbook be made available to every student and parent. 
Administrators are

encouraged to distribute the handbooks at the beginning of each school year 
and that they

require acknowledgement of the receipt by parents and students.

A. School districts may require fees for clothing and food which are offered 
during the

regular school program. B. Swimming suits, gym clothing, gym shoes, football 
shoes, baseball shoes, spats, leggings or

special shoes to wear with a band uniform need not be supplied by the school 
district.

School districts may make a reasonable charge for the use of any of these 
items that it

supplies to its students. Parents, however, may purchase or supply their own 
above-

mentioned items that are satisfactory for use. C. If a specific color, style 
and manufacturer is required by the school district, then the

school district must supply the item free of charge. D. Special clothing 
(not robes or band uniforms) for extracurricular activities such as choir or

band or orchestra need not be supplied or paid for by the school district. 
Example: For

choir, a white blouse or shirt, dark trousers or skirt, and black shoes and 
stockings. 10

Emblems or badges to be worn on clothing are to be provided by the school 
free of charge, if

they are required.

35. Can a charter school charge parents who do not pick up students on time 
after school? This is a local issue to be decided by each school. It is 
recommended that school boards that

choose to adopt such policies consult their attorneys, ensure adequate 
notice and information is

provided to students and parents, perhaps through publication in the 
school's student

handbook.

START-UP FUNDING

36. Are there federal charter school dollars to help start an academy? Yes. 
There are Planning and Implementation grants available for new academies. 
The purpose

of these grants is to:

. broaden and strengthen the pool of charter applicants available to 
Michigan

authorizers, and . support those charter applicants that succeed in 
obtaining a charter contract and MDE

issued school district code as they launch the schools they planned. To that 
end, MDE makes early-stage planning grants available to charter school 
developers for

up to 18 months of Program Planning and Design in two stages:

. Stage One: Refinement of an ambitious, innovative academic vision, and 
design of a

data-based program evaluation methodology that will demonstrate to the 
governance

body whether the vision is succeeding. Up to $35,000 will be released upon 
award for

use in completing these deliverables. . Stage Two: Development of a sound, 
comprehensive business plan to support the

academic vision and finalization of a full charter application strong enough 
to secure a

charter contract from a Michigan authorizer. Up to $75,000 of additional 
funds will be

released upon satisfactory completion of Stage One for use in completing 
these

deliverables. Implementation funding is available to successful planning 
grantees for up to the first two years

of operations of a new charter school for purposes of equipping and 
supplying the school;

developing needed materials and systems; and acquiring curriculum materials, 
texts, classroom

equipment, and supplies. Implementation grants total $200,000 per year for 
up to two years.

Successful planning grantees must submit their narrative, management plan, 
budget and other

required information in MEGS+, but do not compete again for implementation 
funds.

37. Must applicants compete for each of these planning and implementation 
grants? No. Applicants only compete once. However, they do need to apply for 
each available grant in

MEGS+.

11

38. Are dissemination grant funds available for public school academies? How 
does an academy

qualify? Yes, there are dissemination grants available. All academies that 
have been open and serving

students for a minimum of three consecutive school years and have 
demonstrated overall

success may apply for this competitive grant. Therefore, if a school is in 
its fourth year of

serving students and can demonstrate favorable results, it may apply for 
this grant. Please refer

to the MDE PSA Unit website for additional information included in the 
2011-2012 application

for dissemination grants.

39. Is the dissemination grant a competitive grant? Yes, the dissemination 
grant is a competitive grant. If an applicant is successful competing for

this grant, the applicant may only be awarded a dissemination grant once. 
The dissemination

project may be funded for up to two years if approved by MDE.

STAFFING

40. Are employees of an outside company who are providing instructional 
services to charter

school students members of the Michigan Public School Employees' Retirement 
System

(MPSERS) and local union? Attorney General Opinion No. 6915 (1996) addressed 
two issues: whether charter schools are

subject to section 380.1231 of the Revised School Code, requiring the board 
of a school district

to "hire and contract with qualified teachers"; and whether employees of an 
outside company

who are providing instructional services to charter school students are 
members of MPSERS.

Although instruction in charter schools is to be provided by certificated 
teachers, pursuant to

this opinion, charter schools may contract with outside companies for the 
provision of

instructional services. Teachers who are providing instructional services to 
students of a charter

school, who are employed by an outside company rather than by the charter 
school, are not

members of MPSERS.

In December 2011, Public Act 277removed the requirement that school 
districts authorizing a

PSA must cover PSA staff under that district's current collective bargaining 
agreements.

41. How does employment as a teacher in a Michigan charter school affect 
that teacher's college

Perkins loan? A teacher who works in a Michigan charter school that is 
classified as low-income and non-profit

may be eligible for Perkins Loan forgiveness according to all of the 
following requirements:

. The Perkins Loan Forgiveness is processed (money and request for 
forgiveness) at the

college level, which is based on the input received from the Michigan 
Department of

Treasury. 12

. Students who have a Perkins Loan can request their loan be forgiven if the 
school they

work for participates in the National School Lunch, School Breakfast, and/or 
Special Milk

Program; and where 30% or more of the enrolled children have been approved 
for free

and/or reduced price meals or free milk. . If a teacher works for, and 
receives a paycheck from, an educational management

organization that is for-profit, then the teacher's Perkins student loan is 
NOT forgiven. . If a teacher works for a charter school and receives a 
paycheck from the academy, then

the teacher's Perkins student loan may be forgiven. Text from the above link 
states, "To

receive a cancellation, the borrower must be directly employed by the school 
system." . All college loan related questions/answers should be confirmed by 
the college that

issued the loan. AUTHORIZERS

42. What are the major responsibilities of an authorizing body? Pursuant to 
Section 380.502(4): "An authorizing body shall oversee, or shall contract 
with an

intermediate school district, community college, or state public university 
to oversee, each

public school academy operating under a contract issued by the authorizing 
body. The

authorizing body is responsible for overseeing compliance by the board of 
directors with the

contract and all applicable law ."1 These oversight duties include:

. Thoroughly reviewing the applicant's educational plan. The plan must 
address the

educational needs of the students, curriculum goals and objectives, teaching 
methods,

and student assessment.2 . Determining if all fire, safety, and health codes 
are met. . Developing a description of the methods to be used to monitor the 
charter school's

compliance with applicable law and its performance in meeting its targeted 
educational

objectives. Authorizers must implement a corrective plan of action for their 
schools that

do not meet those standards. . Ensure charter school boards operate 
independently of any educational management

company involved in the operation of the school. . Developing a description 
of the process for amending the contract during the term of

the contract. 1"If the state board finds that an authorizing body is not 
engaging in appropriate continuing

oversight of 1 or more public school academies operating under a contract 
issued by the authorizing body,

the state board shall suspend the power of the authorizing body to issue new 
contracts to organize and

operate public school academies. A contract issued by the authorizing body 
during the suspension is void.

A contract issued by the authorizing body before the suspension is not 
affected by the suspension." [MCL

380.502(5)]

2The Revised School Code states that to the extent applicable, pupils shall 
be assessed using at least

a Michigan education assessment program (MEAP) test or an assessment 
instrument developed under section

1279 for a state-endorsed high school diploma. [MCL 380.502(3)(e)(ii)]

13

. Setting and enforcing the terms of the authorizing contract, including 
adopting a

resolution establishing the method of selection, length of term, and number 
of

members of the board of directors of the charter school. Authorizers must 
also ensure

the local community is represented on the board and that all board members 
are US

citizens. . Within 10 days after issuing a charter school contract, a 
charter school contract must be

submitted to the Superintendent of Public Instruction. . A contract with a 
charter school may be revoked by the authorizing body if

one or more of the following occurs: ? failure of the charter school to 
demonstrate improved academic

achievement for all groups of pupils or meet the educational goals

set forth in the contract ? failure of the charter school to comply with 
applicable law ? failure of the charter school to meet generally accepted 
public sector accounting principles and demonstrate sound fiscal stewardship

? or other grounds for revocation specified in the contract.

Additional powers granted to authorizing bodies in the Revised School Code, 
Section 380.507,

include acting as fiscal agent for the charter school-the state school aid 
payment for the

charter school is paid to the authorizing body that is the fiscal agent for 
the charter school,

which then forwards the payment, less up to a maximum of 3 percent, to the 
charter school.

43. If a school district, intermediate school district, or community college 
is interested in

becoming an authorizer, what action steps are needed? No formal MDE filing 
or approval is required for an organization to become an authorizer.

Pursuant to MCL 380.502(3), the organization must notify MDE of its actions 
and provide copies of

the charter application and contract to the Superintendent of Public 
Instruction within ten (10)

days of approval.

It is advisable for an eligible organization considering becoming an 
authorizer to carefully weigh all

aspects of this decision. A wide array of resources and insights are 
available. Visit

www.michigan.gov/charters to learn more, and call MDE at (517) 373-4631 with 
specific questions

after reviewing available online resources.

44. How do authorizers decide which schools to authorize? In deciding 
whether to issue a contract for a proposed public school academy, the 
authorizing body

is required to consider:

. The resources available for the proposed academy; . The population to be 
served by the proposed academy; . The education goals to be achieved by the 
proposed academy; . The applicant's track record, if any, in organizing 
public school academies; . The graduation rate of a school district in which 
the proposed academy is proposed to

be located; . The population of a county in which the proposed public school 
academy is proposed to

be located; 14

. The number of schools in the proximity of a proposed location of the 
proposed public

school academy that are identified as among the lowest achieving 5% of all 
public

schools in the state; . The number of pupils on waiting lists of public 
school academies in the proximity of the

proposed location of the Academy. In addition, authorizer decisions related 
to contract renewal must include increases in student

academic achievement for all groups of pupils as "the most important" factor 
[MCL 380.503(6)(h)].

SERVICE PROVIDERS

45. What does an education service provider (also known as an ESP or 
management company) do

for a school? Michigan law permits charter school boards to contract with 
service providers/management

companies for various school staffing and support functions, which may 
include facility

management, personnel management, payroll and accounting, curriculum 
development, and

professional development services for staff and teachers. Roughly four out 
of five charter

schools in Michigan have contracted with a service provider.

Each charter school/service provider agreement is unique. Some charter 
school boards contract

for only one or two services, such as human resources or accounting, whereas 
others choose to

contract for all day-to-day staff functions. The variation in service 
provider/management

company arrangements is broad and difficult to quantify. Some service 
providers/management

companies work with only one charter school, while others contract with 
multiple charter

schools in Michigan and across the country. Some act in only a limited 
capacity, while others

offer complete "turn-key" operations. This widely varied approach to charter 
school contracting

has allowed for the creation of a diverse service provider/management 
company marketplace in

Michigan.

Service providers/management companies are accountable to the non-profit 
charter school

boards that hire them. The boards are responsible for setting policy, 
directing operational and

academic performance, and ensuring fiscal stability. Regardless of the type 
or level of support

for which it is contracted, each service provider/management company 
operates at the

direction of the charter school board.

46. How accountable are service providers/management companies in Michigan? 
Many aspects of service provider/management company spending are already 
reported through

their schools' data submissions to the state. Michigan's Center for 
Educational Performance and

Information (CEPI) maintains academic, personnel and financial information 
about each of the

service provider-managed schools, just as it does for all other schools. 
Charter schools are

required to report salaries of staff who work at the school, even if they 
are employed by a 3rd

party. Additionally, service providers/management companies are vendors, 
hired and overseen

by the charter school board through a performance agreement, often referred 
to as a

management contract. Charter school boards should hold all vendors, 
including service

providers/management companies, accountable for the services they provide.

15

CHARTER SCHOOL BOARDS

47. How are charter school board members appointed? Charter school board 
members are public officials that have sworn a constitutional oath of office

in Michigan. Each board member undergoes a selection and appointment process 
established

by the charter school's authorizer before being named by the authorizer's 
governing board.

Boards must have representation from the local community and board members 
must be

citizens of the United States.

Some concerns have been raised about whether or not service 
providers/management

companies in Michigan are able to name their own governing boards and thus 
exercise some

undue level of influence or control over these boards once a school is 
established. While

Michigan law permits the developer of a new charter school to name the 
members of an initial

governing board, it is up to the authorizer to ensure that those board 
members are qualified,

independent voices on behalf of the charter schools they serve.

To ensure procedural consistency across Michigan's authorizing community, 
the Michigan

Council of Charter School Authorizers (MCCSA) has adopted standards for this 
selection and

appointment process. At minimum, these standards presume written application 
for board

appointment, a criminal records check, and a personal interview.

The standards also discuss potential conflict of interest issues and 
recommend the use of a

disclosure form to be completed by charter school board members on an annual 
basis. These

procedures are designed to ensure board member quality and autonomy and 
prevent

inappropriate charter school board member/service provider relationships. 
Visit www.mccsa.us

to learn more.

48. Can the board and/or staff of a school be family members, or otherwise 
closely related to

members of the board? No. The December 2011 amendment to the Revised School 
Code requires the academy board

to prohibit specified family relationships among board members, individuals 
who have an

ownership interest in or who are officers or employees of an ESP involved in 
the operation of

the academy and employees of the academy. The potential for or existence of 
conflicts of

interest among board members are items that are carefully monitored by 
Michigan authorizers.

As mentioned, MCCSA oversight and accountability standards recommend the use 
of a

disclosure form to be completed by charter school board members on an annual 
basis. These

procedures are designed to ensure board member quality and autonomy and 
prevent

inappropriate charter school board member/service provider relationships. 
Visit www.mccsa.us

to learn more.

16

SPECIAL EDUCATION

49. What options may a charter school use to meet its responsibilities to 
provide a free

appropriate public education, as required by state and federal law, to a 
student with a

disability?

As provided in Section 380.1751 of the Revised School Code (scroll to the 
bottom of the PSA

Unit website for access to the RSC):

The board of a local school district [or charter school] shall provide 
special education

programs and services designed to develop the maximum potential of each 
handicapped

person in its district on record.for whom an appropriate educational or 
training program

can be provided in accordance with the intermediate school district special 
education plan,

in either of the following ways or a combination thereof:

. Operate the special education program or service. . Contract with its 
intermediate school board, another intermediate school board,

another local school district board, and adjacent school district board in a 
bordering

state, the Michigan School for the Blind, the Michigan School for the Deaf, 
the

Department of Community Health (DCH), or the Department of Human Services. 
The

intermediate school district where the local school district [or charter 
school] is located

shall be a party to each contract even if the intermediate school district 
does not

participate in the delivery of the program or services. Pursuant to Attorney 
General Opinion No. 6915 (1996), charter schools are not required

directly to employ teachers. Instruction at charter schools is to be 
provided by

certificated teachers (exception-refer to Section 380.505) however, charter 
schools may

contract with outside companies for the provision of instructional services. 
Therefore,

"a public school academy is not subject to Section 380.1231 of the Revised 
School Code,

which requires the board of a school district to 'hire and contract with 
qualified

teachers' and it may contract with an outside company for the provision of 
instructional

services by employees of that company."

In addition to the methods listed above, a charter school may contract with 
any agency

approved by the State Board of Education for delivery of ancillary or 
related professional

education services. .

50. If a charter school chooses to hire staff or contract with a private 
agency for "services," is the

charter school entitled to apply for reimbursement under the State School 
Aid Act (Section

388.1651a, special education funding) and the intermediate school district 
special education

millage? Yes. A charter school is considered to be a local school district 
under Section 388.1603(5) of the

State School Aid Act and is considered a local district to be included in 
the intermediate school

district plan for special education programs and services. Therefore, 
charter schools have the

same right to participate in state school aid and intermediate school 
district special education

17

funding as any other local school district, in accordance with the 
provisions to the intermediate

school district plan for special education programs and services.

51. If a charter school is entitled to intermediate school district special 
education millage funds, is

the charter school held to the same limitations as other local districts, 
i.e., cap on student-

staff ratio used for certain categories of programming? Yes. For purposes of 
special education services, a charter school is bound to the same

requirements as other local constituent districts served by their respective 
intermediate school

districts. To participate, the charter school, just as any other constituent 
district, must be

recognized in its respective intermediate school district plan for special 
education programs and

services.

52. Is a charter school eligible for Individuals with Disabilities Education 
Act funds? Yes. Federal special education funds under the Individuals with 
Disabilities Education Act (IDEA)

are granted to the intermediate school districts. These funds are 
distributed to constituent local

school districts according to the intermediate school district plan for 
special education programs

and services, which must comply with state and federal regulations 
controlling use and

distribution of the funds. The intermediate school district plan for special 
education programs

and services is developed cooperatively with local constituent school 
districts, including charter

schools.

53. If a charter school is eligible for intermediate school district special 
education millage and

Individuals with Disabilities Education Act Funds, must a charter school 
follow the same

requirements as other local educational agencies for obtaining funds, e.g., 
filing of forms and

applications? Yes. A charter school must follow the same requirements as 
other local educational agencies.

Both state and federal funds are appropriated under Article 5 of the State 
School Aid Act of

1979, as amended, MCL 388.1651a et seq.

. Article 5 of the State School Aid Act indicates the funds may be used for 
the purpose of

reimbursing districts and intermediate school districts for special 
education programs,

services, and special education personnel. . Article 5 of the State School 
Aid Act allocates funds for: i. Special education programs and services as 
defined in Article 3 of the Revised

School Code, MCL 380.1701, et seq. ii. A total of salaries and other 
compensation paid to approved special education

personnel. Rule 340.1771 through Rule 340.1799g provide personnel approval

criteria. . Section 388.1658 of the State School Aid Act, allocates funds to 
districts and

intermediate districts for providing specialized transportation services, as 
determined by

MDE, for pupils in special education programs and services as defined in 
Section 388.6 18

of the Revised School Code. Specialized transportation services are defined 
in Rule

388.371 of the Michigan Administrative Code Rules governing State Aid for

Transportation of School Children. 54. Must a charter school adhere to all 
provisions of IDEA, the Michigan Revised Administrative

Rules for Special Education, the Family Education Rights and Privacy Act, 
and other state and

federal statutes? Yes. The IDEA considers the state as a whole. If the state 
(as a whole) receives federal funds,

then all entities of the public educational system are responsible to comply 
with IDEA

provisions, including ensuring that each eligible child with a disability is 
provided a "free

appropriate public education." Michigan complies with the IDEA in its 
implementing

regulations. A charter school is required to adhere to Michigan statutes and 
rules for special

education, as well as the federal requirements.

The Family Education Rights and Privacy Act (34 CFR Part 99) (FERPA) has a 
broader applicability

than special education; it applies to all public educational entities and 
their students, whether or

not special education is at issue. The purpose of FERPA is to protect the 
confidentiality of

student educational records. FERPA is a federal law that affords parents the 
right to have access

to their children's education records, the right to seek to have the records 
amended, and the

right to have some control over the disclosure of information from the 
records. Educational

institutions shall not release educational records to non-school employees 
without consent of

the parents. FERPA does permit schools to work with juvenile justice system 
agencies. Failure

of an educational agency or institution to comply with FERPA can result in 
loss of federal

funding.

Section 504 of the Rehabilitation Act of 1973, as amended, P.L. 93-112, 
requires that "no

qualified handicapped person shall, on the basis of handicap, be excluded 
from participation in,

be denied the benefits from Federal financial assistance.." The Office for 
Civil Rights of the U.S.

Department of Education enforces the law prohibiting specific discriminatory 
activities. The law

applies to elementary and secondary, as well as postsecondary schools. The 
Act was

reauthorized in 1998 with amendments and added links to the Workforce 
Investment

Partnership Act of 1998. The Rehabilitation Act Amendments of 1998 included 
extensive links

between vocational rehabilitation agencies and state workforce systems.

Section 504 also includes "hidden disabilities," such as physical and mental 
impairments that are

not readily apparent to others (i.e., learning disabilities, diabetes, 
epilepsy, heart disease, and

chronic illness).

55. Is the intermediate school district required to monitor special 
education programs and

services? Yes. A charter school is identified in statute as a local public 
school district and has the same

rights and responsibilities as any other school district. MDE is required to 
monitor local and

intermediate school districts for compliance with the IDEA and with Michigan's 
Administrative

Rules for Special Education. This activity includes a charter school.

19

The intermediate school districts are an integral part of the monitoring 
process. As such,

intermediate school districts must monitor a charter school to ensure their 
compliance with

pertinent special education requirements.

56. To what extent is an intermediate school district responsible for 
charter schools serving pupils

whose parents reside outside of the intermediate school district where the 
charter school is

located? For purposes of special education, the charter school is a 
constituent district of the intermediate

school district in which it is located. The intermediate school district has 
the same responsibility

to the charter school as it does to any other constituent district. It is 
not unusual for a public

school district to serve pupils who come from other districts, including 
pupils whose parents live

in another intermediate school district. The intermediate school district 
has the same obligation

to pupils whose parents live elsewhere as it does to any other pupil legally 
enrolled by a

constituent district.

Section 51a (15) of the State School Aid Act (MCL 388.1651a(15)) further 
clarifies:

(15) If a public school academy enrolls pursuant to this section a pupil who 
resides

outside of the intermediate district in which the public school academy is 
located

and who is eligible for special education programs and services according to 
statute

or rule, or who is a child with disabilities, as defined under the 
individuals with

disabilities education act, Public Law 108-446, the provision of special 
education

programs and services and the payment of the added costs of special 
education

programs and services for the pupil are the responsibility of the district 
and

intermediate district in which the pupil resides unless the enrolling 
district or

intermediate district has a written agreement with the district or 
intermediate

district in which the pupil resides or the public school academy for the 
purpose of

providing the pupil with a free appropriate public education and the written

agreement includes at least an agreement on the responsibility for the 
payment of

the added costs of special education programs and services for the pupil. 
57. Is there a need to certify charter school students for special education 
services and identify

them as such on the enrollment count if the charter school is not planning 
to claim additional

state funding or federal funding? If "certify" refers to the process of 
identifying children who are suspected to have a disability

under state or federal law, the response is yes. This is called Child Find 
under the federal

regulations. There is a need to complete the "child find" requirements 
irrespective of

application or claim for additional state or federal funding.

The State of Michigan is responsible to ensure a free and appropriate public 
education for every

student with a disability who is enrolled in its public school system. Since 
a charter school is a

public school, it is bound by the same requirements as other public 
intermediate and local

school districts within the state. The determination of a charter school to 
seek no state or

federal funds related to special education does not exempt it from this 
obligation.

20

58. If a charter school contracts with a private entity to provide speech, 
psychological, and social

work services: (a) must the credentials of the providers be the same as 
those employed by

public schools in general; and (b) must the charter school submit its 
personnel inventory to

the intermediate school district? This response is intended to refer only to 
professional personnel related to "special education

programs or services."

In response to part "(a)" of the question, the answer is yes. Standards are 
articulated in the

Administrative Rules for Special Education and the rules governing different 
professional

specialties.

In response to part "(b)" of the question, to meet federal reporting 
requirements prerequisite to

receipt of federal funds requires reporting particular information about 
public school students

and professional personnel to the federal government on an annual basis. 
This information is

collected through the Michigan Department of Education's Registry of 
Education Personnel

(REP). REP data are collected semi-annually in December and June. This 
process is implemented

through the local school districts data collection procedures. If there are 
students with

individualized education programs enrolled in a charter school, then the 
information pertaining

to special education programs or services to those students must be reported 
as part of the

"December One Count" through the Michigan Compliance Information System 
(MICIS).

For further information regarding special education, you may contact MDE's 
Office of Special

Education & Early Intervention Services at (517) 373-0923.

21

----- Original Message ----- 
From: "Larry Posont" <president.nfb.mi at gmail.com>
To: "nfbmi List" <nfbmi-talk at nfbnet.org>
Sent: Tuesday, July 16, 2013 6:22 PM
Subject: [nfbmi-talk] Fw: Agenda for the BSBP Commission for Blind 
Personsmeeting July 18, 2013





From: Rodgers, Edward (LARA)
Sent: Tuesday, July 16, 2013 4:17 PM
To: Larry Posont (president.nfb.mi at gmail.com) ; Joe Sibley 
(joe.sibley at comcast.net)
Subject: Agenda for the BSBP Commission for Blind Persons meeting July 18, 
2013




Commission for Blind Persons (Commission)

Thursday, July 18, 2013

Victor Building, 3rd Floor, Conference room A/B,

201 N. Washington Square

Lansing, MI

9:30 a.m. - 2:00 p.m.



Meeting Agenda





Live audio streaming of the meeting will be available online at the Bureau 
of Services for Blind Persons (Bureau) web site at www.michigan.gov/bsbp.









Participants:



Commission:    Lylas G. Mogk, Chair            Josie Barnes-Parker

                             LeeAnn Buckingham            Joseph E. Sibley

                             Marianne Dunn                     Michael J. 
Hudson

Gary Gaynor                                   (absent with cause)



Bureau of Services for Blind Persons (Bureau):

                 Edward F. Rodgers II, Director

                 Mike Pemble, Deputy Director and

Administrative Services Manager

                 Leamon Jones, Consumer Services Director

                 Lisa Kisiel, Acting Training Center Director

                 Constance Zanger, Business Enterprise Program Manager







     I.        Call to Order, Welcome

Announcements, Introductions

L. Mogk and All            9:30 -9:40





   II.        Report from the Director and Questions from Commission

Director Rodgers         9:40-10:40



A.  Status of proposed Charter School for the Blind

B.  Status of Training Center Director Appointment

C.  Training Center Business Plan

D.  Overview and Discussion of State Plan

E.  Clarification of how Commission's input will be considered regarding 
BSBP programs and policies





  III.        Review and Discussion of Questions/Responses submitted in 
Advance

Director Rodgers

and Staff                       10:40-11:40



A.  MCRS and the Commission:  L. Mogk

B.  Vocational Rehabilitation:

J. Barnes - Parker

G. Gaynor

C.  BEP/Randolph Sheppard:

L. Buckingham

J. Sibley

L. Mogk





 IV.        Public Comment 
11:40-12:00





Lunch Break 
12:00 - 1:00

          (Lunch is provided for Commissioners and

participants in the meeting)





  V.        Subcommittee Reports, Questions, Discussion and Next Steps 
Commission                 1:00-1:45



A.  BEP:                                  L. Buckingham

J. Sibley

B.  Training Center:                M. Dunn

C.  Consumer Services:        J. Barnes - Parker

G.  Gaynor





VI.        Upcoming Meetings

L. Mogk                         1:45-1:50





VII.        Public Comment 
1:50-2:00





VIII.        Adjournment









(Please note new Commissioner email address at 
bsbpcommissioners at michigan.gov)



*NOTE: Public comment may be submitted in written form until 5:00 p.m. July 
22, 2013 via email to bsbppubliccomments at gmail.com included in whole as an 
addendum to the meeting minutes.  Emails received outside of this time frame 
are not considered part of Public Comment.  The Commissioners can be reached 
at bsbpcommissioners at michigan.gov.  This is an email box that all 
Commissioners have access to.









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