MASA Legislative Update

Legislative Update for the week of January 1-5, 2007

IN THIS UPDATE:

REVENUE ESTIMATING CONFERENCE TO MEET

There has been a lot of speculation over the past few months on the possibility of a proration. While it is difficult to say with absolute certainty that a prorata cut is imminent, one can speculate that there will be a shortfall in the 06/07 budget when the Revenue Estimating Conference meets on January 18th. For a detailed analysis of the shortfall, please click here.

GOVERNOR SIGNS EDUATION PUBLIC ACTS

The Lame Duck Session has been very active for education issues. Below is a list of recently enacted education legislation that has become law.

NULLIFICATION OF TEACHER ENDORSEMENTS - (PA 619)

Under previous law, the State Board of Education may, at a teacher's request, nullify one or more endorsements at any time and a grade level certification included on the teacher's teaching certificate if the grade level certification has not been used for 10 years or more.

The new law amends the Revised School Code to allow the State Board of Education to nullify a teacher's grade level certification or endorsement upon request only if the certification or endorsement area were not being used for a period of 12 years or more.

SPECIAL EDUCATION GRADUATION REQUIREMENTS - (PA 623)

Under the recent legislation that formed standardized high school curriculum (known as the Michigan Merit Core), a parent or legal guardian can request a personal curriculum that modifies certain aspects of the requirements. The Act amends provisions dealing with the personal curriculum option for special education students that require further modification as long as it is consistent with their IEP.

MPSERS RETIREMENT BENEFICIARY – (PA 617)

The Act amends the Public School Employees Retirement Act to permit a "retirant" (i.e., a person who retires and is due retirement payments) to select a new spouse as a retirement allowance beneficiary if a previous spouse dies or if the retirant was not married at the time of retirement.

SENATE ASSIGNS EDUCATION POLICY COMMITTEES

The Michigan State Senate recently named Education Policy Committee Members. They are: Senators; Republicans - Kuipers (C), VanWoerkom (VC), Cassis; Democrats - Whitmer (MVC), and Gleason

The House has not named committee assignments at this time.

AG RULING TO ALLOW SCHOOLS TO INVEST IN FLEXIBLE REPUCHASE AGREEMENTS

Attorney General Mike Cox this week gave his go-ahead for school districts and certain Michigan government entities to invest in Flexible repurchase agreements, as long as the districts and government entities get the approval of their governing bodies.

That finding came in Opinion No. 7196 and was issued in response to a question posed by Sen. Wayne Kuipers (R-Holland). Repurchase agreements are generally understood to be those defined as an agreement between a seller and a buyer, usually of U.S. government securities, whereby the seller agrees to repurchase the securities at an agreed upon price and usually, at a stated time.

Cox held that the state's School Code allows local school boards to invest "debt retirement funds, building and site funds, building and site sinking funds, or general funds of the district" among other investments including United States government or federal agency obligation repurchase agreements.

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Brad Biladeau
(517) 327-9265
bbiladeau@gomasa.org

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