MI Comp L § 388.1903 (2021)
2021 Michigan Compiled Laws|Chapter 388 - Schools and School Aid|Act 258 of 2000 - Career and Technical Preparation Act (388.1901 - 388.1913)|Section 388.1903 - Definitions; Rules; Scope.

388.1903 Definitions; rules; scope.Sec. 3.  (1) As used in this act:  (a) "Career and technical preparation program" means a program that teaches a trade, occupation, or vocation and that is operated by an eligible postsecondary educational institution located in this state.  (b) "Community college" means a community college established under the community college act of 1966, 1966 PA 331, MCL 389.1 to 389.195, or under part 25 of the revised school code, 1976 PA 451, MCL 380.1601 to 380.1607, or a federal tribally controlled community college located in this state that is recognized under the tribally controlled colleges and universities assistance act of 1978, 25 USC 1801 to 1864, and is determined by the department to meet the requirements for accreditation by a recognized regional accrediting body.  (c) "Department" means the department of education.  (d) "Eligible charges" means tuition and mandatory course fees, material fees, and registration fees required by a career and technical preparation program for enrollment in an eligible course. Eligible charges also include any late fees charged by a career and technical preparation program due to the school district's or department of treasury's failure to make a required payment according to the timetable prescribed under this act. Eligible charges do not include transportation or parking costs or activity fees.  (e) "Eligible course" means a course offered by a career and technical preparation program that is offered for postsecondary credit or is part of a noncredit occupational training program leading to an industry-recognized credential; that is not offered through the school district, intermediate school district, area vocational-technical education program, or state approved nonpublic school in which the eligible student is enrolled, or that is offered through the school district, intermediate school district, area vocational-technical education program, or state approved nonpublic school but is determined by its governing board to not be available to the eligible student because of a scheduling conflict beyond the eligible student's control; that is a career and technical preparation course not ordinarily taken as an activity course; that is a course that the career and technical preparation program normally applies toward satisfaction of certificate, degree, or program completion requirements; that is offered in whole or in part when the school district or state approved nonpublic school is in session or, if approved by the school district or state approved nonpublic school, that is offered in whole when the school district or state approved nonpublic school is not in session; and that is not a hobby, craft, or recreational course. For each individual eligible student, unless there is a written agreement between the eligible student's school district and the career and technical preparation program to waive these limits, a course described in this subdivision is not an eligible course if the eligible student's enrollment in, and the payment of eligible charges under this act for, the course would exceed the following limits:  (i) Not more than 10 courses overall. This limit and the limits under subparagraphs (ii) to (iv) do not apply to a course if the eligible student does not receive tuition and fee support under this act for that course.  (ii) If the eligible student first enrolls in a course under this act when the eligible student is in grade 9, not more than 2 courses during each academic year in the eligible student's first, second, or third academic year of enrollment under this act in a career and technical preparation program and not more than 4 courses during the academic year in the eligible student's fourth academic year of enrollment under this act in a career and technical preparation program.  (iii) If the eligible student first enrolls in a course under this act when the eligible student is in grade 10, not more than 2 courses during the academic year in the eligible student's first academic year of enrollment under this act in a career and technical preparation program, not more than 4 courses during the academic year in the eligible student's second academic year of enrollment under this act in a career and technical preparation program, and not more than 4 courses during the academic year in the eligible student's third academic year of enrollment under this act in a career and technical preparation program.  (iv) Subject to the overall course limit under subparagraph (i), if the eligible student first enrolls in a course under this act when the eligible student is in grade 11 or 12, not more than 6 courses during either of those academic years of enrollment in a career and technical preparation program.  (f) "Eligible postsecondary educational institution" means a state university, community college, or independent nonprofit degree-granting college or university that is located in this state and that chooses to comply with this act.  (g) "Eligible student" means a student enrolled in a high school in a school district or state approved nonpublic school in this state, except a foreign exchange pupil enrolled under a cultural exchange program or a student who does not have at least 1 parent or legal guardian who is a resident of this state. However, subject to subsection (2), the student must not have been enrolled in high school for more than 4 school years including the school year in which the student seeks to enroll in an eligible course under this act. To be an eligible student, except as otherwise provided in this subdivision, a student who has not taken the Michigan merit examination must have achieved a qualifying score in all subject areas on a readiness assessment and a student who has taken the Michigan merit examination must have achieved a qualifying score in all subject areas on the Michigan merit examination, and, subject to subsection (2), the student must not have been enrolled in high school for more than 4 school years including the school year in which the student seeks to enroll in an eligible course under this act. However, except as otherwise provided in this subdivision, if the student has not achieved a qualifying score in all subject areas on a readiness assessment or the Michigan merit examination, as applicable for the student, the student is an eligible student if the student achieves a qualifying score in mathematics and a qualifying score on a nationally or industry-recognized job skills assessment test as determined by the superintendent of public instruction. For enrollment in eligible courses that begin after April 30, 2020 and end before the start of the 2020-2021 academic year and for enrollment in eligible courses offered during the 2020-2021 academic year during the period beginning on the effective date of the amendatory act that added this sentence and ending on the last day of the 2020-2021 academic year, a student is an eligible student if the student has achieved a grade point average of at least 2.5, as determined by the school district or state approved nonpublic school in which he or she is enrolled, regardless of whether or not the student has achieved a qualifying score in all subject areas on a readiness assessment or the Michigan merit examination, or a qualifying score in mathematics and on a nationally or industry-recognized job skills assessment test. For the purposes of determining the number of years a pupil has been enrolled in high school, a pupil who is enrolled in high school for less than 90 days of a school year due to illness or other circumstances beyond the control of the pupil or the pupil's parent or guardian is not considered to be enrolled in high school for that school year.  (h) "Intermediate school district" means that term as defined in section 4 of the revised school code, 1976 PA 451, MCL 380.4.  (i) "Michigan merit examination" means that examination developed under section 1279g of the revised school code, 1976 PA 451, MCL 380.1279g.  (j) "Qualifying score" means a score on a readiness assessment or on a nationally or industry-recognized job skills assessment test that has been determined by the superintendent of public instruction to indicate readiness to enroll in a course under this act.  (k) "Readiness assessment" means assessment instruments that are aligned with state learning standards; that are used nationally to provide high school students with an early indication of college readiness proficiency in English, mathematics, reading, social studies, and science and may contain a comprehensive career planning program; and that are approved by the superintendent of public instruction for the purposes of this act.  (l) "School district" means that term as defined in section 6 of the revised school code, 1976 PA 451, MCL 380.6, or a public school academy as that term is defined in section 5 of the revised school code, 1976 PA 451, MCL 380.5.  (m) "State approved nonpublic school" means that term as defined in section 6 of the revised school code, 1976 PA 451, MCL 380.6.  (n) "State university" means a state institution of higher education described in section 4, 5, or 6 of article VIII of the state constitution of 1963.  (2) The department, in consultation with the superintendent of public instruction, shall promulgate rules establishing criteria and procedures under which a student who has been enrolled in high school for more than 4 years but not more than 5 years may be considered to be an eligible student. The rules must address special circumstances under which a student may qualify to be considered an eligible student under this subsection and may limit the number of courses in which a student who qualifies under this subsection may enroll. For the purposes of determining the number of years a pupil has been enrolled in high school, a pupil who is enrolled in high school for less than 90 days of a school year due to illness or other circumstances beyond the control of the pupil or the pupil's parent or guardian is not considered to be enrolled for that school year. History: 2000, Act 258, Eff. Apr. 1, 2001 ;-- Am. 2004, Act 592, Imd. Eff. Jan. 5, 2005 ;-- Am. 2005, Act 181, Imd. Eff. Oct. 20, 2005 ;-- Am. 2012, Act 132, Eff. July 1, 2012 ;-- Am. 2020, Act 130, Imd. Eff. July 8, 2020 Compiler's Notes: For transfer of certain powers and duties vested in the department of career development or its director, relating to powers and duties of state board of education or superintendent of public instruction to the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers of department of labor and economic growth regarding career and technical education program for secondary students to department of education by type II transfer, see E.R.O. No. 2007-1, compiled at MCL 388.998.