Mich. Comp. Laws § 388.1653a — MI Code / Chapter 388 / Act Act-94-of-1979 / Section 388.1653a
Special education programs and services; reimbursement of total approved costs; limitation; costs of transportation; allocation.
Status: in_force

Sec. 53a.

(1) For districts, reimbursement for pupils described in subsection (2) is 100% of the total approved costs of operating special education programs and services approved by the department and included in the intermediate district plan adopted under article 3 of the revised school code, MCL 380.1701 to 380.1761, minus the district's foundation allowance calculated under section 20 and minus the district's per-pupil allocation under section 20m. For intermediate districts, the department shall calculate reimbursement for pupils described in subsection (2) in the same manner as for a district, using the foundation allowance under section 20 of the pupil's district of residence, not to exceed the target foundation allowance under section 20 for the current fiscal year plus the amount of the district's per-pupil allocation under section 20m.

(2) Reimbursement under subsection (1) is for the following special education pupils:

(a) Pupils assigned to a district or intermediate district through the community placement program of the courts or a state agency, if the pupil was a resident of another intermediate district at the time the pupil came under the jurisdiction of the court or a state agency.

(b) Pupils who are residents of institutions operated by the department of health and human services.

(c) Pupils who are former residents of department of community health institutions for the developmentally disabled who are placed in community settings other than the pupil's home.

(d) Pupils enrolled in a department-approved on-grounds educational program longer than 180 days, but not longer than 233 days, at a residential child care institution, if the child care institution offered in 1991-92 an on-grounds educational program longer than 180 days but not longer than 233 days.

(e) Pupils placed in a district by a parent for the purpose of seeking a suitable home, if the parent does not reside in the same intermediate district as the district in which the pupil is placed.

(3) Only those costs that are clearly and directly attributable to educational programs for pupils described in subsection (2), and that would not have been incurred if the pupils were not being educated in a district or intermediate district, are reimbursable under this section.

(4) The costs of transportation are funded under this section and are not reimbursed under section 58.

(5) The department shall not allocate more than $10,500,000.00 of the allocation for 2025-2026 in section 51a(1) under this section.

History: Add. 1996, Act 300, Eff. Oct. 1, 1996; Am. 1997, Act 93, Eff. Oct. 1, 1997; Am. 1997, Act 142, Imd. Eff. Nov. 19, 1997; Am. 1998, Act 339, Imd. Eff. Oct. 13, 1998; Am. 1999, Act 119, Imd. Eff. July 20, 1999; Am. 2000, Act 297, Imd. Eff. July 26, 2000; Am. 2001, Act 121, Imd. Eff. Sept. 28, 2001; Am. 2002, Act 191, Imd. Eff. Apr. 26, 2002; Am. 2002, Act 521, Imd. Eff. July 25, 2002; Am. 2003, Act 158, Eff. Oct. 1, 2003; Am. 2004, Act 351, Eff. Oct. 1, 2004; Am. 2005, Act 155, Eff. Oct. 1, 2005; Am. 2006, Act 342, Eff. Oct. 1, 2006; Am. 2007, Act 137, Imd. Eff. Nov. 8, 2007; Am. 2008, Act 268, Eff. Oct. 1, 2008; Am. 2009, Act 73, Imd. Eff. July 9, 2009; Am. 2009, Act 121, Imd. Eff. Oct. 19, 2009; Am. 2010, Act 110, Eff. Oct. 1, 2010; Am. 2011, Act 62, Eff. Oct. 1, 2011; Am. 2011, Act 299, Imd. Eff. Dec. 22, 2011; Am. 2012, Act 201, Eff. Oct. 1, 2012; Am. 2013, Act 60, Eff. Oct. 1, 2013; Am. 2014, Act 196, Eff. Oct. 1, 2014; Am. 2015, Act 85, Eff. Oct. 1, 2015; Am. 2016, Act 249, Eff. Oct. 1, 2016; Am. 2017, Act 108, Eff. Oct. 1, 2017; Am. 2018, Act 265, Eff. Oct. 1, 2018; Am. 2019, Act 58, Eff. Oct. 1, 2019; Am. 2020, Act 165, Eff. Oct. 1, 2020; Am. 2021, Act 48, Eff. Oct. 1, 2021; Am. 2022, Act 144, Eff. Oct. 1, 2022; Am. 2023, Act 3, Imd. Eff. Feb. 14, 2023; Am. 2023, Act 103, Eff. Oct. 1, 2023; Am. 2024, Act 120, Eff. Oct. 1, 2024; Am. 2025, Act 15, Imd. Eff. Oct. 7, 2025