reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Education › State Tenure Commission › Teacher Tenure General Rules › Part 2 - APPEAL PROCEDURES › Section R. 38.142 - Form of pleadings and documents; signature

Current through Vol. 24-12, July 15, 2024
Rule 12.
(1) A
				  party or the attorney representing a party shall file all pleadings and other
				  documents with the commission.
(2)
				  If a party or attorney files a pleading or other document with the commission
				  by personal delivery or by mail, he or she shall file an original and one copy
				  of the pleading or document. If a party or attorney files a pleading or other
				  document with the commission by electronic submission, the commission shall
				  consider the electronically submitted pleading or document to be the original
				  and the party or attorney shall not file any copies.
(3) A pleading must include the names of the
				  parties, and the signature, address, and telephone number of the party or the
				  attorney representing the party.
(4) The signature of an attorney or party
				  constitutes a certification by the signer of all of the following:
(a) He or she has read the
				  pleading.
(b) To the best of his or
				  her knowledge, information, and belief formed after reasonable inquiry, facts
				  and either existing law or a good faith argument for a modification of existing
				  law support the pleading.
(c) The
				  signer is not filing the pleading to harass, to cause unnecessary delay or
				  needless increase in the cost of the proceedings, or for any other improper
				  purpose.
Michigan Administrative Code › Department - Education › State Tenure Commission › Teacher Tenure General Rules › Part 2 - APPEAL PROCEDURES › Section R. 38.143 - Claim of appeal

Current through Vol. 24-12, July 15, 2024
Rule 13.
(1) To
				  contest a controlling board's decision over which the commission has
				  jurisdiction, an appellant shall do both of the following not later than 20
				  days after receipt of the controlling board's decision and notice of tenure
				  rights:
(a) On or before the close of business
				  on the final day of the 20-day period, file a claim of appeal with the
				  commission by personal delivery, by mail as defined in
				  R
				  38.146(2), or by electronic
				  submission as defined in
				  R
				  38.131. In all cases, the commission shall receive the
				  claim of appeal in its entirety before the close of business on the final day
				  of the 20-day period.
(b) On or
				  before the close of business on the final day of the 20-day period, serve a
				  copy of the claim of appeal on the controlling board by personal delivery, by
				  mail as defined in
				  R
				  38.146(2), or by electronic
				  submission as defined in
				  R
				  38.131, with a statement that the controlling board
				  shall file an answer to the claim of appeal not later than 10 days after
				  service of the claim of appeal.
Michigan Administrative Code › Department - Education › State Tenure Commission › Teacher Tenure General Rules › Part 2 - APPEAL PROCEDURES › Section R. 38.145 - Filing

Current through Vol. 24-12, July 15, 2024
Rule 15.
(1) A
				  party shall file pleadings and other documents under these rules with the
				  commission, which shall receive pleadings and other documents in their entirety
				  before the close of business on the last day of the time limit, if any, for the
				  filing.
(2) A party shall file
				  pleadings and other documents with the commission by personal delivery, by mail
				  as defined in
				  R
				  38.146(2), or by electronic
				  submission as defined in
				  R 38.131.
(3) If the commission receives a pleading or
				  other document in whole or in part in the office of the commission after 5
				  p.m., the commission shall consider it filed on the next business
				  day.
Michigan Administrative Code › Department - Education › State Tenure Commission › Teacher Tenure General Rules › Part 2 - APPEAL PROCEDURES › Section R. 38.146 - Service; mail; proof of service

Current through Vol. 24-12, July 15, 2024
Rule 16.
(1) A
				  party shall serve pleadings and other documents on an attorney or on a party
				  not represented by an attorney by personal delivery, by mail as defined in
				  subrule (2) of this rule, or by electronic submission as defined in
				  R 38.131.
(2) Filing by mail or service by mail means
				  enclosing in a sealed envelope with first-class mail postage fully prepaid,
				  addressed to the commission or to the person served, and depositing the
				  envelope in the United States government mail.
(3) A party shall provide proof of service by
				  filing with the commission written acknowledgment of service, an affidavit of
				  the person making service, or other proof satisfactory to the
				  commission.
Michigan Administrative Code › Department - Education › State Tenure Commission › Teacher Tenure General Rules › Part 2 - APPEAL PROCEDURES › Section R. 38.147 - Answer

Current through Vol. 24-12, July 15, 2024
Rule 17.
(1) Not
				  later than 10 days after service of a copy of a claim of appeal, an appellee
				  shall file an answer with the commission and shall serve a copy of the answer
				  on all parties.
(2) An answer must
				  contain a specific admission or denial of each material allegation of fact
				  contained in the claim of appeal and a statement of facts and affirmative
				  allegations on which the appellee relies for defense.
Michigan Administrative Code › Department - Education › State Tenure Commission › Teacher Tenure General Rules › Part 2 - APPEAL PROCEDURES › Section R. 38.148 - Amendments

Current through Vol. 24-12, July 15, 2024
Rule 18. The administrative law judge may permit a party to
					 amend a pleading before, during, or after the conclusion of the hearing on
					 terms that are just and consistent with due process.
Michigan Administrative Code › Department - Education › State Tenure Commission › Teacher Tenure General Rules › Part 2 - APPEAL PROCEDURES › Section R. 38.149 - Joinder or dismissal of parties and consolidation of cases

Current through Vol. 24-12, July 15, 2024
Rule 19. In the exercise of discretion, the administrative
					 law judge may order joinder or dismissal of parties or consolidation of
					 cases.
Michigan Administrative Code › Department - Education › State Tenure Commission › Teacher Tenure General Rules › Part 3 - MOTION PRACTICE › Section R. 38.151 - Motions, general provisions

Current through Vol. 24-12, July 15, 2024
Rule 21.
(1) A
				  request to the administrative law judge or the commission for an order in a
				  pending action must be by written, signed motion unless made during a hearing.
				  The motion must include the particular grounds on which the moving party bases
				  the motion, citations of supporting authority, the particular relief or order
				  sought, and the signature of the party or the party's attorney. The moving
				  party may file with the motion a supporting brief and affidavits and a request
				  for a hearing date.
(2) At the time
				  a party files a written motion, the party shall serve on the opposing party a
				  copy of the motion and, if filed, the brief, affidavits, and request for a
				  hearing date; and a notice that the rules of the commission require a response
				  to the motion not later than 10 days after service of the motion. The moving
				  party shall file proof of service with the commission.
(3) A respondent opposing a motion shall file
				  a response not later than 10 days after service of the motion unless the
				  administrative law judge or the commission otherwise orders, shall serve a copy
				  of the response on the moving party, and shall file proof of service with the
				  commission. The response must include citations of supporting authority and the
				  signature of the respondent. The respondent may file with the response a
				  supporting brief and affidavits and a request for a hearing date.
(4) The administrative law judge or the
				  commission may limit or dispense with oral arguments on motions.
(5) An affidavit filed under this rule must
				  meet all of the following requirements:
(a) Be
				  made on personal knowledge.
(b)
				  State with particularity facts admissible as evidence establishing or denying
				  the grounds stated in the motion.
(c) Show affirmatively that the affiant, if
				  sworn as a witness, can testify competently to the facts stated in the
				  affidavit.
Michigan Administrative Code › Department - Education › State Tenure Commission › Teacher Tenure General Rules › Part 3 - MOTION PRACTICE › Section R. 38.152 - Motion for more definite statement

Current through Vol. 24-12, July 15, 2024
Rule 22. If a claim of appeal or answer does not reasonably
					 inform the opposing party of the nature of the claim or defense, the opposing
					 party may move for a more definite statement at any time. The motion must
					 specify the claimed defects. If a party does not comply with an order granting
					 a motion under this rule within 10 days of the order or within such other time
					 as the administrative law judge sets, the administrative law judge may strike
					 the challenged claim of appeal or answer or enter an order the administrative
					 law judge deems just.
Michigan Administrative Code › Department - Education › State Tenure Commission › Teacher Tenure General Rules › Part 3 - MOTION PRACTICE › Section R. 38.153 - Motion to strike

Current through Vol. 24-12, July 15, 2024
Rule 23. On motion made by a party or on the administrative
					 law judge's own initiative, the administrative law judge may issue an order
					 striking redundant, immaterial, impertinent, scandalous, or indecent matter
					 from pleadings.
Michigan Administrative Code › Department - Education › State Tenure Commission › Teacher Tenure General Rules › Part 3 - MOTION PRACTICE › Section R. 38.155 - Motion for summary disposition

Current through Vol. 24-12, July 15, 2024
Rule 25.
(1) A
				  party may move for summary disposition on all or any part of a claim of appeal
				  at any time. The motion must identify which of the following grounds supports
				  the motion:
(a) The appellant has failed to
				  state a claim on which the commission can grant the requested relief.
(b) The controlling board has failed to state
				  a valid defense.
(c) There is no
				  genuine issue as to a material fact except as to the relief and the moving
				  party has the right to judgment as a matter of law.
(d) The commission lacks jurisdiction of the
				  subject matter.
(e) The claim of
				  appeal is untimely.
(f) The claim
				  of appeal cannot proceed because of some other disability of the appellant or
				  other disposition of the claim.
Michigan Administrative Code › Department - Education › State Tenure Commission › Teacher Tenure General Rules › Part 3 - MOTION PRACTICE › Section R. 38.156 - Motion for adjournment or continuance of hearing

Current through Vol. 24-12, July 15, 2024
Rule 26. An administrative law judge may grant a request
					 for adjournment or continuance of a hearing for good cause. Any adjournment or
					 continuance is subject to the mandatory date for the conclusion of the hearing
					 as set forth in section 4 of article IV of the act, MCL
					 38.104.
Michigan Administrative Code › Department - Education › State Tenure Commission › Teacher Tenure General Rules › Part 3 - MOTION PRACTICE › Section R. 38.157 - Lack of progress or repeated failure to follow statute or rule

Current through Vol. 24-12, July 15, 2024
Rule 27. After a party, the administrative law judge, or
					 the commission notifies a party of an alleged deficiency and an opportunity to
					 respond or comply within 10 days, the administrative law judge or the
					 commission may dismiss an appeal or deny a discharge or demotion for a party's
					 lack of progress or for a party's repeated failure to comply with the
					 procedures specified in section 4 of article IV of the act, MCL 38.104, or
					 these rules. A party may move to set aside an order under this rule within 10
					 days of the issuance of the order. The administrative law judge shall not grant
					 a motion to set aside an order under this rule unless the moving party shows
					 good cause and files an affidavit of facts showing a meritorious claim or
					 defense.
Michigan Administrative Code › Department - Education › State Tenure Commission › Teacher Tenure General Rules › Part 4 - PREHEARING CONFERENCE › Section R. 38.161 - Scope of prehearing conference

Current through Vol. 24-12, July 15, 2024
Rule 31. Unless, in the exercise of discretion, the
					 administrative law judge determines that a prehearing conference is
					 unnecessary, the administrative law judge shall direct the parties and their
					 attorneys to participate in a prehearing conference, either in person or by
					 telephone, to do the following:
(a)
				  State and simplify the factual and legal issues involved and consider the
				  amendment of pleadings.
(b)
				  Consider the resolution of motions before hearing, the consolidation of the
				  case with another, admissions of fact and of the authenticity of documents,
				  stipulations to the admissibility of evidence, and limitations on the number of
				  witnesses and the nature and extent of the relief demanded.
(c) Determine dates for the exchange of all
				  proposed documentary evidence.
(d)
				  Determine dates for the exchange of a list of possible witnesses.
(e) Set the date or dates for the
				  hearing.
(f) Discuss the
				  possibility of settlement.
(g)
				  Determine whether and when the parties shall file pre-hearing briefs.
(h) Consider all other matters that may aid
				  in the disposition of the claim of appeal.
Michigan Administrative Code › Department - Education › State Tenure Commission › Teacher Tenure General Rules › Part 4 - PREHEARING CONFERENCE › Section R. 38.162 - Prehearing summary

Current through Vol. 24-12, July 15, 2024
Rule 32. The administrative law judge shall prepare and
					 serve on the parties a summary of the results of the prehearing conference
					 within 5 days after the prehearing conference. The parties, within 5 days of
					 service of the summary, may file objections to the summary.
Michigan Administrative Code › Department - Education › State Tenure Commission › Teacher Tenure General Rules › Part 5 - HEARINGS, EXCEPTIONS, AND CORRECTION OF MISTAKES › Section R. 38.172 - Conduct of evidentiary hearing; stipulations of fact; objections; rules of evidence; rules of privilege; official notice

Current through Vol. 24-12, July 15, 2024
Rule 42.
(1) An
				  administrative law judge shall conduct a hearing for the purpose of taking
				  evidence on a claim of appeal.
(2)
				  A party may call, examine, and cross-examine witnesses and introduce into the
				  record documentary or other evidence.
(3) The administrative law judge may admit
				  stipulations of fact into evidence.
(4) A party may make an oral or written
				  objection to the conduct of the hearing, including an objection to the
				  introduction of evidence, and shall describe the grounds for the
				  objection.
(5) The administrative
				  law judge shall apply the rules of evidence that apply in a nonjury civil case
				  in circuit court as far as practicable, but the administrative law judge may
				  admit and give probative effect to evidence of a type on which reasonably
				  prudent people commonly rely in the conduct of their affairs.
(6) The administrative law judge may exclude
				  irrelevant, immaterial, or unduly repetitious evidence.
(7) The administrative law judge shall apply
				  the rules of privilege recognized by law.
(8) The administrative law judge may take
				  official notice of judicially cognizable facts and may take notice of general,
				  technical, or scientific facts within the commission's specialized
				  knowledge.
(9) For matters that
				  these rules do not specifically address,
				  R
				  792.10101 to
				  R
				  792.10137, the Michigan court rules, and chapter 4 of
				  the administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.288,
				  apply.
Michigan Administrative Code › Department - Education › State Tenure Commission › Teacher Tenure General Rules › Part 5 - HEARINGS, EXCEPTIONS, AND CORRECTION OF MISTAKES › Section R. 38.173 - Subpoenas

Current through Vol. 24-12, July 15, 2024
Rule 43.
(1) The
				  administrative law judge shall sign and issue a subpoena to a party requesting
				  it for a witness or documentary or physical evidence. The requesting party
				  shall fill in the subpoena before service.
(2) A subpoena must state the title of the
				  matter and must command attendance and testimony or production of documentary
				  or physical evidence at a time and place specified in the subpoena.
(3) A party shall serve a subpoena in the
				  manner prescribed by statute or the Michigan court rules for subpoenas in civil
				  actions unless the administrative law judge allows service in another manner
				  reasonably calculated to give the person actual notice of the
				  subpoena.
(4) On motion at or
				  before the time specified in a subpoena for compliance, the administrative law
				  judge may quash or modify the subpoena if it is unreasonable or
				  oppressive.
(5) Witnesses
				  subpoenaed before the commission shall receive the same fees and mileage that
				  witnesses in circuit courts receive. The party at whose request a witness
				  appears shall pay the witness fees and mileage to the witness.
(6) The prevailing party may recover witness
				  fees and mileage as costs if the commission so directs.
Michigan Administrative Code › Department - Education › State Tenure Commission › Teacher Tenure General Rules › Part 5 - HEARINGS, EXCEPTIONS, AND CORRECTION OF MISTAKES › Section R. 38.174 - Discovery

Current through Vol. 24-12, July 15, 2024
Rule 44. There may be discovery on leave of the
					 administrative law judge or on stipulation of all parties. A party shall not
					 file a motion for discovery unless the party has requested the discovery
					 unsuccessfully. The parties shall complete all discovery before the
					 commencement of the hearing.
Michigan Administrative Code › Department - Education › State Tenure Commission › Teacher Tenure General Rules › Part 5 - HEARINGS, EXCEPTIONS, AND CORRECTION OF MISTAKES › Section R. 38.174a - Physical and mental examination

Current through Vol. 24-12, July 15, 2024
Rule 44a.
(1) If
				  the appellant places his or her mental or physical condition in controversy,
				  the administrative law judge, on motion for good cause with notice to the
				  appellant and all parties, may order the appellant to submit to a physical or
				  mental examination by a physician or other appropriate professional. The order
				  must specify the time, place, manner, conditions, and scope of the examination
				  and the name of the examiner or examiners.
(2) On request of the appellant or his or her
				  attorney, the party who requested the examination under subrule (1) of this
				  rule shall deliver to the appellant or his or her attorney a copy of a detailed
				  written report of the examiner or examiners setting out the findings, including
				  all test results, diagnoses, and conclusions, and all reports on earlier
				  examinations pertaining to the same condition, and shall make available for
				  inspection all diagnostic aids.
(3)
				  After delivery of the report specified in subrule (2) of this rule, the party
				  who requested the examination shall, upon request, receive from the appellant a
				  similar report of any examination previously or thereafter made pertaining to
				  the same condition and to a similar inspection of all diagnostic
				  aids.
(4) If an appellant refuses
				  to deliver a report requested under subrule (3) of this rule, the
				  administrative law judge, on motion and notice, may enter an order requiring
				  delivery on just terms. If an examiner refuses or fails to provide a report
				  required under this rule, the administrative law judge may order the examiner
				  to appear for a discovery deposition.
(5) By requesting and obtaining a report on
				  an examination ordered under this rule or by taking the deposition of the
				  examiner, the appellant waives any privilege he or she may have in the action,
				  or another action involving the same controversy, regarding the testimony of
				  every other person who has examined or may thereafter examine the person as to
				  the same mental or physical condition.
(6) Subrule (2) of this rule applies to an
				  examination made by agreement of the parties, unless the agreement expressly
				  provides otherwise.
(7) Subrule (2)
				  of this rule does not preclude discovery of a report of an examiner or the
				  taking of a deposition of the examiner under any other statute or
				  rule.
Michigan Administrative Code › Department - Education › State Tenure Commission › Teacher Tenure General Rules › Part 5 - HEARINGS, EXCEPTIONS, AND CORRECTION OF MISTAKES › Section R. 38.175 - Briefs

Current through Vol. 24-12, July 15, 2024
Rule 45. The administrative law judge may require the
					 parties to file briefs, may limit the length of the briefs, and shall designate
					 the manner of and time for filing and serving the briefs.
Michigan Administrative Code › Department - Education › State Tenure Commission › Teacher Tenure General Rules › Part 5 - HEARINGS, EXCEPTIONS, AND CORRECTION OF MISTAKES › Section R. 38.176 - Exceptions, cross-exceptions, statement in support of preliminary decision and order, supporting briefs

Current through Vol. 24-12, July 15, 2024
Rule 46.
(1) Within
				  the time allowed by the act and in the manner required by
				  R
				  38.142(2), a party shall file a
				  statement of exceptions, statement of cross-exceptions, or statement in support
				  of the preliminary decision and order, and supporting brief.
(2) Except by order of the commission, briefs
				  must not exceed 50 double-spaced pages using margins of at least 1 inch and
				  type of at least 12-points, exclusive of tables, indexes, appendices, and title
				  page. Single spacing of quotations and footnotes is permissible.
(3) A brief under this rule must contain, in
				  the following order, all of the following:
(a) A table of contents listing the
				  exceptions or cross-exceptions in the order of presentation, with the page
				  number where the argument related to each exception or cross-exception begins
				  in the brief.
(b) An index of
				  authorities listing in alphabetical order all authorities cited, with the page
				  numbers where they appear in the brief.
(c) A statement of facts supported by
				  specific page references to the record.
(d) The arguments, which must correspond to
				  each exception or cross-exception.
(e) The relief requested.
(f) The signature of the party or
				  attorney.
Michigan Administrative Code › Department - Education › State Tenure Commission › Teacher Tenure General Rules › Part 5 - HEARINGS, EXCEPTIONS, AND CORRECTION OF MISTAKES › Section R. 38.177 - Decision or order

Current through Vol. 24-12, July 15, 2024
Rule 47.
(1) A
				  decision or order of the commission is effective only if a majority of the
				  members of the commission vote on it.
(2) The commission shall serve a written
				  decision or order by certified mail on the parties or on their
				  attorneys.
Michigan Administrative Code › Department - Education › State Tenure Commission › Teacher Tenure General Rules › Part 5 - HEARINGS, EXCEPTIONS, AND CORRECTION OF MISTAKES › Section R. 38.179 - Correction of mistakes

Current through Vol. 24-12, July 15, 2024
Rule 49. The commission may correct clerical mistakes in
					 judgments, orders, or other parts of the record and mistakes arising from
					 oversight or omission at any time on its own initiative or, after notice, on
					 motion of a party.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › School District Pupil Accounting for Distribution of State Aid › Section R. 340.1 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1. As used in these rules:
(a) "Attendance" means the presence of a
				pupil on scheduled school days under the guidance and direction of a
				certificated teacher either at or away from school.
(b) "Count date" means the pupil membership
				count day pursuant to section 6(7) of 1979 PA 94, MCL 388.1 606(7) and the
				supplemental pupil count pursuant to section 6a of 1979 PA 94, MCL
				388.1606a.
(c) "Early college high
				school" or "middle college" means a public high school designed to allow a
				pupil to earn a high school diploma and an associate's degree or up to 2 years
				of transferable college credits.
(d) "Enroll" or "register" means the act of a
				pupil appearing in person at a school at any time during the current school
				term with an intent to attend the school. This enrollment or registrative
				process of entrance constitutes the act of becoming a pupil of the school
				district. A pupil unable to appear in school due to physical incapacity or
				illness, attested to by a physician or equivalent licensed authority, may be
				enrolled by an agent of the school district who personally contacts the
				pupil.
(e) "Online learning" means
				a structured learning activity that utilizes technology with intranet or
				internet-based tools and resources as the delivery method for instruction,
				research, assessment, and communication.
(f) "School district" or "district" means
				"district" as defined under section 3 of 1979 PA 94, MCL 388.1603.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › School District Pupil Accounting for Distribution of State Aid › Section R. 340.3 - Pupils not to be counted in membership

Current through Vol. 24-12, July 15, 2024
Rule 3. Pupils not to be counted in membership on the count
				  date include all of the following:
(a)
				A pupil who moves out of the district before the count date unless otherwise
				provided by statute or these rules.
(b) A pupil who is a resident of another
				school district or resident of another state or foreign country unless
				otherwise provided by statute or these rules.
(c) All others who do not meet the
				requirements of these rules.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › School District Pupil Accounting for Distribution of State Aid › Section R. 340.4 - Schools of choice

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) A
				nonresident pupil who is enrolled on the count date pursuant to sections 105 or
				105c of 1979 PA 94, MCL 388.1705 or MCL 388.1705c may be counted in
				membership.
(2) For the district to
				enroll and count a nonresident pupil who is eligible for special education
				programs and services in membership pursuant to section 105c of 1979 PA 94, MCL
				388.1705c, the district shall have a written agreement pursuant to section
				105c(19) of 1979 PA 94, MCL 388.1705c(19).
(3) A pupil who becomes eligible for special
				education programs and services after the pupil has been enrolled and attending
				a nonresident district pursuant to section 105c of 1979 PA 94, MCL 388.1705c
				may be counted in membership if the district obtains a written agreement
				pursuant to section 105c(19) of 1979 PA 94, MCL 388.1705c(19). If a written
				agreement cannot be obtained, then the pupil shall not be counted in membership
				beginning on the next count date following the determination of eligibility for
				special education.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › School District Pupil Accounting for Distribution of State Aid › Section R. 340.10 - Pupil instructional time

Current through Vol. 24-12, July 15, 2024
Rule 10.
(1) To
				qualify for state aid without penalty a school district shall provide at least
				the number of hours of pupil instruction in each school year as required under
				section 101 of 1979 PA 94, MCL 388.1701.
(2) A district may count time toward the
				minimum pupil instructional hour requirement in a particular building, program,
				or grade level, without penalty, if all of the following are met:
(a) Pupils and certificated teacher or
				teachers are present and engaged in instruction.
(b) Instruction is scheduled and available
				for the entire pupil membership in a particular building, program, or grade
				level.
(c) The course generates
				credit toward the pupil's high school diploma or grade progression. Subrules
				3(b) to 3(h) of this rule are exempt from this requirement. In addition, a
				pupil enrolled in and attending a high school and a postsecondary institution
				who elects not to earn high school credit for the postsecondary course is
				exempt from this requirement.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › School District Pupil Accounting for Distribution of State Aid › Section R. 340.10a - Travel time; instructional time

Current through Vol. 24-12, July 15, 2024
Rule 10a.
(1) A
				pupil in grades 9 to 12 who is enrolled in a cooperative education program or a
				special education pupil who cannot meet the minimum required hours of pupil
				instruction due to the actual travel time between instructional sites may count
				up to 3 hours of travel time per week toward the minimum required
				hours.
(2) A district that can
				document that the actual travel time between the instructional sites for a
				pupil in subrule (1) of this rule exceeds 3 hours per week may apply to the
				department for a waiver to count additional travel time toward the minimum
				required hours of pupil instruction.
(3) A pupil whose actual instructional time
				plus the actual travel time does not equal the minimum hours of pupil
				instruction required for a full-time equated membership is ineligible to count
				any travel time.
(4) A pupil who is
				also enrolled in a postsecondary institution shall not be considered to be less
				than a full-time pupil if the actual travel time between the secondary
				institution and the educating district is the sole reason the pupil cannot
				enroll in the number of courses necessary to be a full-time equated
				membership.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › School District Pupil Accounting for Distribution of State Aid › Section R. 340.11 - Virtual learning, online learning or computer courses; distance learning; postsecondary dual enrollment virtual learning; self-scheduled virtual learning

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) Virtual
				learning or online learning is a nontraditional method of receiving pupil
				instruction for courses that are taken through online learning or otherwise on
				a computer or other technology. Virtual learning may be offered at the district
				during the day as a scheduled class period or through distance learning,
				enrollment at a community college or university, or self-scheduled virtual
				learning.
(2) Virtual learning,
				online learning or computer courses provided during the school day as part of
				the pupil's class schedule shall meet the following requirements to count these
				pupils in membership:
(a) The pupil shall meet
				pupil membership eligibility requirements pursuant to section 6(4) of 1979 PA
				94, MCL 388.1606(4).
(b) The course
				shall be approved by the board of education of a school district or board of
				directors of a public school academy.
(c) The course shall generate credit toward
				the pupil's high school diploma or grade progression.
(d) The pupil is in attendance in the
				building and in regular daily attendance pursuant to section 6(8) of 1979 PA
				94, MCL 388.1606(8).
(e) There is
				no limit on the number of computer or internet courses that can be counted in
				membership for the pupil. A certificated teacher of record shall be in the
				classroom. However, if there is no certificated teacher, the pupil is limited
				to no more than 2 computer or internet courses taken on-site with an adult
				present who is not a certificated teacher. A mentor certificated teacher
				employed by the school district shall be assigned.
(f) The course shall be counted in the same
				manner as any other in-school course.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › School District Pupil Accounting for Distribution of State Aid › Section R. 340.12 - Independent study

Current through Vol. 24-12, July 15, 2024
Rule 12.
(1)
				Independent study is a learning experience that is academic in nature that
				allows a pupil an opportunity for self-directed learning. The following
				requirements shall be met to count these pupils in membership:
(a) The pupil shall meet membership
				eligibility requirements pursuant to section 6(4) of 1979 PA 94, MCL
				388.1606(4).
(b) The pupil is
				enrolled in grades 9 to 12.
(c) The
				pupil shall be concurrently enrolled and attending on the pupil membership
				count day or the supplemental count day pursuant to section 6(8) of 1979 PA 94,
				MCL 388.1606(8) during the class time designated for the course on the pupil's
				class schedule.
(d) The course
				shall be approved by the board of education of a school district or board of
				directors of a public school academy.
(e) The course shall generate credit toward
				the pupil's high school diploma or grade progression.
(f) An on-site mentor shall be assigned to
				the pupil who shall be available for assistance and to monitor the pupil's
				progress. The on-site mentor shall be a certificated teacher employed by the
				school district.
(g) Each course
				shall count as 1 course on the pupil's class schedule and shall generate that
				portion of a full-time-equivalency membership that a comparable course offered
				by the district would generate.
(h)
				Not more than 2 of these courses may be used in the computation of a full-time
				equivalency on each of the count days.
(i) The district may adopt additional
				requirements for pupils enrolled in these courses. In addition, a district may
				choose not to offer these courses or to place greater restrictions on the
				pupils, or on the courses offered.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › School District Pupil Accounting for Distribution of State Aid › Section R. 340.13 - Learning labs

Current through Vol. 24-12, July 15, 2024
Rule 13.
(1) A
				learning lab is 1 method a district may use to deliver academic instruction to
				pupils. The teacher may provide instruction in more than 1 subject during the
				class period. Multiple levels of a subject may be taught in the same class
				period. The following requirements shall be met to count these pupils in
				membership:
(a) If the learning lab is the
				only means of providing instruction to an entire group of pupils such as an
				alternative education program, then that learning lab shall meet the minimum
				required hours of pupil instruction or obtain a department approved waiver to
				operate fewer than the minimum required hours of pupil instruction pursuant to
				section 101 of 1979 PA 94, MCL 388.1701.
(b) The course shall be approved by the board
				of education of a school district or the board of directors of a public school
				academy.
(c) The course shall
				generate credit toward the pupil's high school diploma or grade
				progression.
(d) A certificated
				teacher shall be scheduled for and present in the learning lab.
(e) Attendance shall be taken by the pupil
				signing in and signing out of the learning lab. The certificated teacher
				scheduled for those hours shall sign a printed attendance sheet during the
				count period.
(f) The learning lab
				shall be part of the pupil's class schedule for a specified time slot. A pupil
				shall not generate a greater portion toward 1.0 full-time equivalency for each
				course than would be generated in a normal class setting.
(g) The pupil shall attend all scheduled
				classes or hours on the count date or during the count week. Only those hours
				scheduled and attended during the count week shall be used in the computation
				of a pupil's full-time equivalency. A pupil with an unexcused absence during
				the count week may be counted if the pupil attended classes prior to the count
				date and attended all hours scheduled in 1 week within 10 school days after the
				official count date. A pupil with an excused absence during the count week may
				be counted if the pupil attended all hours scheduled in 1 week within 30
				calendar days after the official count date.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › School District Pupil Accounting for Distribution of State Aid › Section R. 340.14 - Experiential learning courses

Current through Vol. 24-12, July 15, 2024
Rule 14.
(1) A pupil
				enrolled in an "experiential learning course" may be counted in membership if
				all of the following are met:
(a) The pupil is
				enrolled in grades 9 to 12.
(b) The
				course is taught by a certificated teacher.
(c) The primary responsibility of the
				certificated teacher of the course is teaching the pupil(s) during the course
				time frame. The certificated teacher shall not be concurrently teaching another
				course.
(d) The pupil is given a
				grade and credit based on assessment.
(e) Attendance is taken and
				documented.
(f) The course with
				identified content standards and expectations is approved by the board of
				education of a school district or board of directors of a public school
				academy. In addition, the board of education shall approve learning objectives
				that relate to the board approved curriculum and course, outlining content
				standards and expectations, and shall be progressive in nature. The learning
				objectives shall not be limited to general employability skills, such as
				punctuality and developing good work habits.
(g) The course is not used solely as the 1
				course requirement for eligibility to participate in postsecondary dual
				enrollment.
(h) The pupil is
				limited to 1 experiential learning course per semester.
(i) The pupil shall not replace a regular
				employee.
(j) The course is a
				combination of instruction and direct experience.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › School District Pupil Accounting for Distribution of State Aid › Section R. 340.16 - Work-based learning experiences; state-approved career and

Current through Vol. 24-12, July 15, 2024
Rule 16.
(1) A
				"work-based learning experience related to a state-approved career and
				technical education program" means a learning experience related to a
				state-approved career and technical education program that is coordinated by a
				district through a training agreement with an employer providing an educational
				experience relating to school instruction that may be offered as part of the
				pupil's schedule. A state-approved career and technical education program is a
				secondary career and technical education program that is approved by the
				department for the purposes of determining eligibility to receive added cost
				funding pursuant to section 61a of 1979 PA 94, MCL 388.16 61a.
(2) A pupil who participates in a paid
				work-based learning experience related to a state-approved career and technical
				education program (capstone) may generate added cost funding pursuant to
				section 61a of 1979 PA 94, MCL 388.16 61a and may be counted in membership if
				all of the following are met:
(a) The pupil is
				enrolled in a state-approved career and technical education program in grades
				11 and 12.
(b) The experience is
				monitored by a vocationally certificated teacher or vocationally certificated
				coordinator employed by the school district.
(c) The pupil is eligible to receive credit
				towards a high school diploma for the work-based learning experience.
(d) The work-based learning experience shall
				not generate more than &frac12 of the pupil's total full-time equivalency,
				not to exceed .5.
(e) The
				employment of the pupil shall not exceed the maximum hours set by the
				district.
(f) The pupil has
				successfully completed at least 6 of the 12 segments of the state-approved
				career and technical education program.
(g) The pupil shall attend at least 1
				40-minute session per week taught by a vocationally certificated teacher or
				coordinator in either of the following:
(i)
				The related state-approved career and technical education classroom.
(ii) A district-approved educational course,
				with academic objectives, related to the pupil's career and educational
				goals.
(h) The pupil is
				employed not less than an average of 10 hours per week during the effective
				time of the training agreement.
(i)
				The district shall have a written training agreement pursuant to subrule (6) of
				this rule.
(j) The district shall
				have a written training plan pursuant to subrule (7) of this rule.
(k) The district shall comply with subrules
				(8), (9), (10), and (11) of this rule.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › School District Pupil Accounting for Distribution of State Aid › Section R. 340.17 - Postsecondary dual enrollment

Current through Vol. 24-12, July 15, 2024
Rule 17.
(1) A
				district shall comply with the requirements of the postsecondary dual
				enrollment options act of 1996 PA 160, MCL 388.511 to MCL 388.524 and the
				career and technical preparation act of 2000 PA 258, MCL 388.1901 to MCL
				388.1913 and
				R
				388.151 to
				R 388.155.
(a) The district shall pay any associated
				tuition charges for the course(s) for postsecondary dual enrollment pursuant to
				section 21b of 1979 PA 94, MCL 388.1621b.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › School District Pupil Accounting for Distribution of State Aid › Section R. 340.18 - Waiver

Current through Vol. 24-12, July 15, 2024
Rule 18. Upon application by a district, the superintendent
				  of public instruction may grant to the district a limited time waiver from
				  these rules pursuant to section
				  380.1281
				  of 1976 PA 451, MCL 380.1281.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Release of Children for Attending Religious Instruction Classes

Current through Vol. 24-12, July 15, 2024
DEPARTMENT OF EDUCATION
SUPERINTENDENT OF PUBLIC INSTRUCTION
RELEASE OF CHILDREN FOR ATTENDING RELIGIOUS
				INSTRUCTION
CLASSES
By authority of section 732 of Act No. 269 of the Public Acts
				  of 1955, being S340.732 of the Michigan Compiled
				  Laws
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Use of School Bus for Transportation of Senior Citizens

Current through Vol. 24-12, July 15, 2024
DEPARTMENT OF EDUCATION
STATE BOARD OF EDUCATION
USE OF SCHOOL BUS FOR TRANSPORTATION OF SENIOR
				CITIZENS
By authority conferred on the state board of education by
				  section 1333 of Act No. 451 of the Public Acts of 1976, being S380.1333 of the
				  Michigan Compiled Laws
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Fees for Transporting Pupils to or from Nonmandatory and Noncredit Events › Section R. 340.241 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1. As used in
				  R
				  340.242:
(a)
				"Noncredit event" means an activity that pupils are not required to attend in
				order to receive full credit for a prescribed course of study or to earn a
				higher grade in a particular course.
(b) "Nonmandatory event" means an activity in
				which pupils are engaged of their own volition and that does not in any way
				affect promotion from grade to grade or high school graduation.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Fees for Transporting Pupils to or from Nonmandatory and Noncredit Events › Section R. 340.242 - Calculation of charge

Current through Vol. 24-12, July 15, 2024
Rule 2. The board of education of a school district may
				  collect a fee for transporting district pupils to or from nonmandatory and
				  noncredit events sponsored by the school district. The fee charged to each
				  pupil must not exceed the pupils pro rata share of the expenses for the trip
				  involved. The board of education of a school district shall calculate each
				  pupils pro rata share of the trip expenses by adding all of the following costs
				  and dividing the total by the number of pupils to be transported:
(a) The cost per mile for the travel of the
				school bus multiplied by the number of miles to be traveled on the
				trip.
(b) The increased cost of
				insurance necessary because of the trip.
(c) The actual cost of the salary of drivers
				for the trip, including the time spent driving, waiting for pupils to board and
				leave the bus, and waiting for pupils at the trip destination.
(d) The actual cost of the salary of
				attendants and chaperones employed for supervision of pupils during the
				trip.
(e) The trip expenses of
				drivers, attendants, and chaperones, including lodging, meals, necessary
				telephone calls, and gratuities.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Fees for Transporting Pupils to or from Nonmandatory and Noncredit Events › Section R. 340.243 - Reduced charge or free passage

Current through Vol. 24-12, July 15, 2024
Rule 3. Although a school district may charge costs of
				  transportation as determined in
				  R
				  340.242, it is not required to make any charge or to
				  make a full charge. A school district may permit free passage to pupils unable
				  to pay the charge.