English language learner programs; reports; monitoring; compliance.

Sec. 164m. (1) Except as otherwise provided in section 22b(3)(g), a district that receives funds under section 22b(4) must do all of the following: (a) Use funds received for purposes including, but not limited to, student achievement and success, literacy, mathematics, and providing direct English language development instruction. (b) Administer to English language learners the English language proficiency assessment known as the "WIDA ACCESS for English language learners" or the "WIDA Alternate ACCESS". (c) Agree to meet or exceed the minimum number of minutes per week, as determined by the department under subsection (2), that the district provides direct English language development instruction. (d) Implement a multi-tiered system of supports that is an evidence-based framework that uses data-driven problem solving to integrate academic and behavioral instruction and that uses intervention delivered to all pupils in varying intensities based on pupil needs. The multi-tiered system of supports must be implemented in grades K to 12 or, if the district does not operate all of grades K to 12, for all of the grades the district operates. The multi-tiered system of supports described in this subdivision must provide at least all of the following essential components: (i) Team-based leadership. (ii) A tiered delivery system. (iii) Selection and implementation of instruction, interventions, and supports. (iv) A comprehensive screening and assessment system. (v) Continuous data-based decision making. (e) Support pupil needs for pupils counted toward the district's weighted pupil membership, including, but not limited to, items identified in a district's Michigan Integrated Continuous Improvement Process (MICIP) plan. An amount not to exceed 2% of the amount received under section 22b(4) may be used to support administrative costs related to complying with this section. Administrative costs include, but are not limited to, central office salaries and benefits, business and fiscal services, and school administrative staff and expenses, and do not include costs associated with direct instructional staff working with pupils counted toward the weighted pupil membership. (f) Provide information to the department, in a form and manner determined by the department, necessary for the department to monitor programs and services described in this section for compliance with the requirements of this section and to ensure the multi-tiered system of supports and English language learner programs are implemented with fidelity. (g) Allow access for the department or the department's designee to audit all records related to the program for which the district receives those funds. The district shall reimburse this state for all disallowances found in any audit. (h) Communicate the following information to parents and legal guardians at least annually, as applicable for grades offered by the district: (i) Literacy-related results for the district, including multiyear trend data, from the grade 3 Michigan student test of educational progress (M-STEP), the grade 7 Michigan student test of educational progress (M-STEP), and the SAT for pupils who are economically disadvantaged or English language learners. The district shall ensure that information described in this subparagraph is reported in a manner that safeguards pupil privacy. (ii) Information detailing the amount of funding received under section 22b(4), how the district distributed that funding, and what evidence-based interventions were implemented with that funding. The information reported under this subparagraph must include a method, including contact information, for parents or legal guardians to provide feedback on the use of the funding as well as to seek more information about services and interventions available for their children. (2) The department shall establish English language learner program models that establish a minimum number of minutes per week that districts must provide direct English language development instruction for pupils according to the pupil's proficiency levels. The program models described in this subsection must comply with federal requirements related to English language learner program services. (3) The department shall monitor districts for compliance with this section and may require districts to provide any information to the department, in a form and manner determined by the department, necessary to fulfill this requirement. (4) As used in this section, "English language learner" and "weighted pupil membership" mean those terms as defined in section 6.