MI Comp L § 388.1611r (2021)
2021 Michigan Compiled Laws|Chapter 388 - Schools and School Aid|Act 94 of 1979 - The State School Aid Act of 1979 (388.1601 - 388.1897l)|Article I - State Aid to Public Schools, Early Childhood, and Adult Education (388.1601...388.1772)|Section 388.1611r - Payments to Districts From the Elementary and Secondary School Emergency Relief (Esser) Fund; Subgrants to Local Educational Agencies; Spending Plan Requirements; "Esser II Formula Payment per Pupil" Defined.

388.1611r Payments to districts from the elementary and secondary school emergency relief (ESSER) fund; subgrants to local educational agencies; spending plan requirements; "ESSER II formula payment per pupil" defined.Sec. 11r.  (1) From the federal funds allocated under section 11n, there is allocated for 2020-2021 an amount not to exceed $1,498,959,000.00 from the federal funding awarded to this state from the elementary and secondary school emergency relief (ESSER) fund under the coronavirus response and relief supplemental appropriations act, 2021, division M of Public Law 116-260, and an amount not to exceed $3,347,849,700.00 from the federal funding awarded to this state from the elementary and secondary school emergency relief (ESSER) fund under the American rescue plan act of 2021, title II, subtitle A, part 1 of Public Law 117-2; and, from the state school aid fund money appropriated under section 11, there is allocated $136,000,000.00, for the purposes of this section.  (2) From the federal funds allocated under subsection (1), $650,000,000.00 from the federal funding awarded to this state from the elementary and secondary school emergency relief (ESSER) fund under the coronavirus response and relief supplemental appropriations act, 2021, division M of Public Law 116-260, is allocated for payments to districts as provided under this subsection. From the funds allocated in this subsection, the department shall pay each district in proportion to the amount of funds the district received under part A of title I of the elementary and secondary education act of 1965, Public Law 103-382, in the most recent fiscal year. The funding under this subsection is a portion of the funding that is designated as subgrants to local educational agencies as provided under section 313(c) of the coronavirus response and relief supplemental appropriations act, 2021, division M of Public Law 116-260.   (3) Except as otherwise provided in this subsection, from the federal funds allocated under subsection (1), $840,677,500.00 from the federal funding awarded to this state from the elementary and secondary school emergency relief (ESSER) fund under the coronavirus response and relief supplemental appropriations act, 2021, division M of Public Law 116-260, is allocated for payments to districts as provided under this subsection. From the funds allocated in this subsection, the department shall pay each district in proportion to the amount of funds the district received under part A of title I of the elementary and secondary education act of 1965, Public Law 103-382, in the most recent fiscal year. The funding under this subsection is a portion of the funding that is designated as subgrants to local educational agencies as provided under section 313(c) of the coronavirus response and relief supplemental appropriations act, 2021, division M of Public Law 116-260. The funds allocated in this subsection must not be paid or otherwise distributed to districts as provided for under this subsection unless House Bill No. 4049 of the 101st Legislature is enacted into law and takes effect within 14 days after House Bill No. 4049 of the 101st Legislature is presented to the governor.  (4) From the federal funds allocated under subsection (1), $840,677,500.00 from the federal funding awarded to this state from the elementary and secondary school emergency relief (ESSER) fund under the coronavirus response and relief supplemental appropriations act, 2021, division M of Public Law 116-260, is allocated for payments to districts as provided under this subsection. From the funds allocated in this subsection, the department shall pay each district in proportion to the amount of funds the district received under part A of title I of the elementary and secondary education act of 1965, Public Law 103-382, in the most recent fiscal year. The funding under this subsection is a portion of the funding that is designated as subgrants to local educational agencies as provided under section 313(c) of the coronavirus response and relief supplemental appropriations act, 2021, division M of Public Law 116-260.   (5) From the state school aid fund money allocated under subsection (1), there is allocated $136,000,000.00 to eligible districts as provided in this subsection. The department shall pay each eligible district under this subsection an amount equal to the product of the district's 2020-2021 pupils in membership multiplied by the difference between $450.00 and the district's ESSER II formula payment per pupil. A district to which all of the following apply is an eligible district under this subsection:  (a) The district's ESSER II formula payment per pupil is less than $450.00.  (b) Except as otherwise provided in this subdivision, by not later than March 22, 2021, excluding days that are part of a previously scheduled period of time for which the district is not in session, the district offers in-person instruction at least 20 hours each school week if the district's school week includes 5 school days or, if the district's school week does not include 5 school days, offers in-person instruction in an amount of hours necessary each school week to provide the instruction it would have provided in 20 hours for a 5-school-day school week to all pupils enrolled in the district, regardless of whether or not all pupils enrolled in the district participate in the in-person instruction offered. The previous sentence does not apply to any district whose board of education adopted or adopts a public health order closing schools for public health reasons to protect public health or to any district that closed or closes schools due to a local public health order. This subdivision does not apply to a district that operates as a cyber school as that term is defined in section 551 of the revised school code, MCL 380.551. As used in this subdivision, "in-person instruction" means instruction that a pupil receives while he or she is physically present at a school building designated by the district in which he or she is enrolled.  (c) The district has an extended COVID-19 learning plan that has been approved under section 98a. This subdivision does not apply to a district that operates as a cyber school as that term is defined in section 551 of the revised school code, MCL 380.551.  (d) The district pledges that it will, beginning with the first meeting after March 9, 2021, at each meeting of the board of the district during which the district reconfirms how instruction is going to be delivered under section 98a, confirm that it is offering instruction to pupils as described in subdivision (b). This subdivision does not apply to a district that operates as a cyber school as that term is defined in section 551 of the revised school code, MCL 380.551.  (6) Funds received by districts under subsections (2) and (4) must be used for the purposes described in section 313(d) of the coronavirus response and relief supplemental appropriations act, 2021, division M of Public Law 116-260.  (7) In order to receive funding under subsections (2) and (5), a district must submit a spending plan to the department by not later than April 23, 2021. A spending plan described in this subsection must include the district's estimated spending of funds received under subsection (2) for the purposes described in subsection (6), disaggregated by the type of service provided. The department shall send a report concerning the spending plans received under this subsection to the legislature.  (8) From the federal funds allocated under subsection (1), $3,347,849,700.00 from the federal funding awarded to this state from the elementary and secondary school emergency relief (ESSER) fund under the American rescue plan act of 2021, title II, subtitle A, part 1 of Public Law 117-2, is allocated for payments to districts as provided under this subsection. From the funds allocated under this subsection, the department shall pay each district in proportion to the amount of funds the district received under part A of title I of the elementary and secondary education act of 1965, Public Law 103-382, in the most recent fiscal year. The funding under this subsection is designated as subgrants to local educational agencies as provided under section 2001(d) of the American rescue plan act of 2021, title II, subtitle A, part 1 of Public Law 117-2.  (9) Funds received by districts under subsection (8) must be used for the purposes described in section 2001(e) of the American rescue plan act of 2021, title II, subtitle A, part 1 of Public Law 117-2, including that not less than 20% of the funds must be reserved to address learning loss through the implementation of evidence-based interventions and to ensure that such interventions respond to students' academic, social, and emotional needs and address the disproportionate impact of COVID-19 on the student subgroups described in section 6311(b)(2)(B)(xi) of 20 USC 6311; students experiencing homelessness; and children and youth in foster care.  (10) From the federal funds allocated under subsection (1), there is allocated $8,281,500.00 from the federal funding awarded to this state from the elementary and secondary school emergency relief (ESSER) fund under the coronavirus response and relief supplemental appropriations act, 2021, division M of Public Law 116-260, to the department for administrative costs in implementing this section.   (11) As used in this section, "ESSER II formula payment per pupil" means an amount equal to the sum of the amount of funds the district receives under subsection (2) and the amount of funds the district would have received under subsection (3) if House Bill No. 4049 of the 101st Legislature was enacted into law and effective within 14 days after House Bill No. 4049 of the 101st Legislature was presented to the governor divided by the district's pupils in membership for the 2020-2021 school year as calculated under section 6. History: Add. 2021, Act 3, Imd. Eff. Mar. 9, 2021 ;-- Am. 2021, Act 47, Imd. Eff. July 7, 2021 Compiler's Notes: Former MCL 388.1611r, which pertained to distressed districts emergency grant fund, was repealed by Act 108 of 2017, Eff. Oct. 1, 2017.