Sec. 98a.
(1) In order to receive state aid under this article for 2020-2021, a district must provide, for the 2020-2021 school year, instruction under an extended COVID-19 learning plan that has been approved by an intermediate district or authorizing body, as applicable, under subsection (2). It is the intent of the legislature that extended COVID-19 learning plans described in this subsection provide districts with maximum flexibility to adapt their educational programs for some or all pupils at some or all of the schools operated by the district to respond to the COVID-19 pandemic. An extended COVID-19 learning plan described in this subsection must include all of the following elements:
(a) A statement indicating why an extended COVID-19 learning plan is necessary to increase pupil engagement and achievement for the 2020-2021 school year.
(b) The educational goals expected to be achieved for the 2020-2021 school year. The educational goals described in this subdivision must not be utilized to determine state policy. The district must establish all of its goals under this subdivision by not later than September 15, 2020. An extended COVID-19 learning plan described in this subsection must specify which educational goals described in this subdivision are expected to be achieved by the middle of the school year and which goals are expected to be achieved by the end of the school year. All of the following apply to the educational goals described in this subdivision:
(i) The goals must include increased pupil achievement or, if growth can be validly and reliably measured using a benchmark assessment or benchmark assessments, growth on a benchmark assessment or benchmark assessments described in subparagraph (ii) in the aggregate and for all subgroups of pupils.
(ii) The goals must include an assurance that the district shall select a benchmark assessment or benchmark assessments that are aligned to state standards and an assurance that the district shall administer the benchmark assessment or benchmark assessments to all pupils as prescribed under section 104 to determine whether pupils are making meaningful progress toward mastery of these standards.
(iii) The goals must be measurable through a benchmark assessment or benchmark assessments described in subparagraph (ii).
(c) A description of how instruction will be delivered during the 2020-2021 school year. Instruction, as described in this subdivision, may be delivered at school or at a different location, in person, online, digitally, by other remote means, in a synchronous or asynchronous format, or any combination thereof, but, except as otherwise provided in this subdivision, must be delivered as included in the description. If the description of instructional delivery under this subdivision differs from the delivery of instruction re-confirmed under this subdivision, then instruction must be delivered as re-confirmed. Thirty days after the approval of the plan under subsection (2), and each month thereafter, the district must, at a meeting of the board or board of directors, as applicable, of the district, re-confirm how instruction is going to be delivered during the 2020-2021 school year. Public comment must be solicited from the parents or legal guardians of the pupils enrolled in the district during a meeting described in this subdivision. For each reconfirmation described in this subdivision, the district shall report to the center, in a form and manner prescribed by the center, the instructional delivery method that was reconfirmed; how that instruction will be delivered for each grade level offered by the district, including pre-kindergarten, as applicable; and whether or not, as determined by the department in consultation with the center, the district is offering higher levels of in-person instruction for English language learners, special education students, or other special populations.
(d) A description of how instruction for core academic areas provided under the extended COVID-19 learning plan will expose each pupil to the academic standards that apply for each pupil's grade level or courses in the same scope and sequence as the district had planned for that exposure to occur for in-person instruction, as applicable, and a description of how pupil progress toward mastery of the standards described in this subdivision will be graded or otherwise reported to the pupil and the pupil's parent or legal guardian.
(e) If the district is delivering pupil instruction virtually, an assurance and description of how pupils will be provided with equitable access to technology and the internet necessary to participate in instruction. This subdivision does not prohibit a district from providing pupil instruction through nonvirtual educational materials.
(f) A description of how the district will ensure that students with disabilities will be provided with equitable access to instruction accommodation in accordance with applicable state and federal laws, rules, and regulations.
(g) A requirement that the district, in consultation with a local health department, as that term is defined in section 1105 of the public health code, 1978 PA 368, MCL 333.1105, and district employees, develop districtwide guidelines concerning appropriate methods for delivering pupil instruction for the 2020-2021 school year that are based on local data that are based on key metrics. However, regardless of the guidelines developed under this subdivision, a determination concerning the method for delivering pupil instruction remains with the district. As used in this subdivision, "key metrics" means, at a minimum, all of the following:
(i) The trend of COVID-19 cases or positive COVID-19 tests, hospitalizations due to COVID-19, and the number of deaths resulting from COVID-19 over a 14-day period.
(ii) COVID-19 cases for each day for every 1 million individuals.
(iii) The percentage of positive COVID-19 tests over a 4-week period.
(iv) Health care capacity strength.
(v) Testing, tracing, and containment infrastructure with regard to COVID-19.
(h) A provision that, if the district determines that it is safe to provide in-person pupil instruction to pupils, the district shall prioritize providing in-person pupil instruction to pupils in grades K to 5 who are enrolled in the district.
(i) A requirement that the district shall ensure that 2 2-way interactions occur between a pupil enrolled in the district and the pupil's teacher or at least 1 of the pupil's teachers or another district employee who has responsibility for the pupil's learning, grade progression, or academic progress during each week of the school year for at least 75% of pupils enrolled in the district. A district may utilize 2-way interactions that occur under this subdivision toward meeting the requirement under section 101(3)(h). The district shall publicly announce its weekly interaction rates under this subdivision at each reconfirmation meeting described in subdivision (c) and make those rates accessible through the transparency reporting link located on the district's website each month. As used in this subdivision, "2-way interaction" means a communication that occurs between a pupil and the pupil's teacher or at least 1 of the pupil's teachers or another district employee who has responsibility for the pupil's learning, grade progression, or academic progress, where 1 party initiates communication and a response from the other party follows that communication, and that is relevant to course progress or course content for at least 1 of the courses in which the pupil is enrolled or relevant to the pupil's overall academic progress or grade progression. Responses, as described in this subdivision, must be to communication initiated by the teacher, by another district employee who has responsibility for the pupil's learning, grade progression, or academic progress, or by the pupil, and not some other action taken. The communication described in this subdivision may occur through, but is not limited to, any of the following means:
(i) Electronic mail.
(ii) Telephone.
(iii) Instant messaging.
(iv) Face-to-face conversation.
(2) A district that is not a public school academy that intends to provide instruction under an extended COVID-19 learning plan shall submit its extended COVID-19 learning plan described in subsection (1) to the intermediate district in which the district is located by not later than October 1, 2020, and, except as otherwise provided in this subsection, a district that is a public school academy that intends to provide instruction under an extended COVID-19 learning plan shall submit its extended COVID-19 learning plan described in subsection (1) to its authorizing body by not later than October 1, 2020, for approval. A district that is a public school academy that, by agreement, provides educational services for the residents of a district that is not a public school academy and that does not directly provide public educational services to its residents that intends to provide instruction under an extended COVID-19 learning plan shall submit its extended COVID-19 learning plan described in subsection (1) to the intermediate district in which it is located not later than October 1, 2020 for approval. An intermediate district or authorizing body, as applicable, shall approve an extended COVID-19 learning plan submitted for approval under this subsection by not later than October 9, 2020 if the plan includes all of the elements required for inclusion in the plan under subsection (1). If an intermediate district or authorizing body, as applicable, approves of a district's extended COVID-19 learning plan under this subsection, the intermediate district or authorizing body, as applicable, shall transmit copies of the approved plan to the superintendent of public instruction and the state treasurer.
(3) An extended COVID-19 learning plan described in subsection (1) and approved under subsection (2) must be made accessible through the transparency reporting link located on the district's website by not later than October 12, 2020.
(4) All of the following apply to a district that is providing instruction under an extended COVID-19 learning plan approved under this section:
(a) By not later than January 15, 2021, the district shall create a report that includes information regarding both of the following and shall ensure that the report under this subdivision can be accessed through the transparency reporting link located on the district's website:
(i) The amount and type of training provided during the current school year as of the date of the report to teachers of the district through professional development that focuses on how to deliver virtual content.
(ii) The amount and type of training provided during the current school year as of the date of the report to the parents and legal guardians of pupils and to pupils on how to access and use virtual content provided by the district.
(b) By not later than February 1, 2021, the district shall create a report concerning progress made in meeting the educational goals described in subsection (1) that the district expected would be achieved by the middle of the school year and shall ensure that the report under this subdivision can be accessed through the transparency reporting link located on the district's website.
(c) By not later than the last day of the 2020-2021 school year, the district shall create a report concerning progress made in meeting the educational goals described in subsection (1) that the district expected would be achieved by the end of the school year and shall ensure that the report under this subdivision can be accessed through the transparency reporting link located on the district's website.
(5) This section 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.
History: Add. 2020, Act 149, Imd. Eff. Aug. 20, 2020 ;-- Am. 2020, Act 165, Eff. Oct. 1, 2020
Compiler's Notes: Former MCL 388.1698a, which pertained to allocation for 21st century learning environment, was repealed by Act 110 of 2010, Eff. Oct. 1, 2010.