2003 House Bill 4148

Introduced in the House

Feb. 5, 2003

Introduced by Rep. Brian Palmer (R-36)

To eliminate the 150-school cap on the number of charter schools (public school academies) that can be created by universities, and impose new regulations and disclosure requirements on charter schools and on the education management companies with which they may contract. The bill would also allow a community college (including Bay Mills Community College) to charter public school academies in Detroit, and allow enrollment priorities in limited circumstances. It contains other provisions related to certain labor agreements and borrowing by charter schools, and a requirement that if the school ceases operations all its assets but none of its liabilities revert to the state. Finally, the bill leaves intact the ability of Bay Mills Community College to create an unlimited number of charters. Bay Mills technically serves Indian students across the state, so can establish charters anywhere in the state (except Detroit).

Referred to the Committee on Education

March 19, 2003

Reported without amendment

With the recommendation that the substitute (H-7) be adopted and that the bill then pass.

March 20, 2003

Substitute offered

To replace the previous version of the bill with one which raises the cap on the number of university-authorized charter schools by 50 schools a year for seven years, to a maximum of 500 charter schools.

The substitute failed by voice vote

Substitute offered by Rep. Doug Spade (D-57)

To replace the previous version of the bill with one which would require charter schools to accept all students who live in the school district where it is located, just like regular public schools. Under current law, if there are more students who want to attend than there is space available, pupils are selected through a random selection process. The substitute would also strip out all the provisions of the bill which increase the number of charters and which revise other regulations on charters.

The substitute failed 44 to 60 (details)

Substitute offered by Rep. Brian Palmer (R-36)

To replace the previous version of the bill with one which raises the cap on the number of university-authorized charter schools by 30 schools a year for 10 years, to a maximum of 450 charter schools.

The substitute passed by voice vote

Amendment offered by Rep. Aldo Vagnozzi (D-37)

To require that one-third of the fee collected by an institution authorizing charter schools be paid to the Department of Education to expand its supervision of charters. Under current law, an institution authorizing a charter school may collect a three-percent fee from the school's total school aid payments to cover its administrative expenses. The amendment would also apply more extensive charter school regulations and oversight provisions, similar to those contained in 2001-2002 House Bill 4800, and in the 2002 "McPherson Commission" recommendations on charter schools.

The amendment failed 48 to 59 (details)

Amendment offered by Rep. Andy Meisner (D-27)

To eliminate provisions in the bill which would authorize charter schools to borrow and bond.

The amendment failed 45 to 61 (details)

Amendment offered by Rep. Hoon-Yung Hopgood (D-22)

To strip out a provision allowing two or more charter schools to establish a joint high school without amendment of their authorizing charters. A charter amendment would be required.

The amendment failed 46 to 61 (details)

Amendment offered by Rep. Mike Pumford (R-100)

To eliminate the cap on the number of charter schools, but prohibit the establishment of a new charter school unless the electors in a school district election approve it. The amendment does not require any revision of current school election procedures or dates, under which voter turnout is generally extremely low compared to non-school elections.

The amendment failed 48 to 58 (details)

Amendment offered by Rep. Mike Pumford (R-100)

To apply to charter schools a more restrictive funding formula similar to the one that governs state aid to regular schools which accept students from outside their district. This formula pays a public school accepting an out-of-district student the lesser amount of the state foundation grant payable to schools in that student's home district, or the accepting school's foundation grant.

The amendment failed 53 to 51 (details)

Amendment offered by Rep. Charles LaSata (R-79)

To prohibit for-profit corporations (such as Edison Schools or National Heritage Academies) from being engaged as charter school managers. Only nonprofit management organizations could be used.

The amendment failed 48 to 59 (details)

Passed in the House 56 to 51 (details)

To raise the 150-school cap on the number of charter schools (public school academies) that can be created by universities, and impose more extensive regulations and disclosure requirements on charter schools and on the education management companies with which they may contract. The cap would be raised by 30 schools a year for ten years, to a maximum of 450 charter schools. Bay Mills and any other native-American community colleges would be included in the new cap, so they would no longer be allowed to create an unlimited number of charters. The bill would also allow a community college to charter public school academies in Detroit, and allow enrollment priorities in limited circumstances. It contains other provisions related to certain labor agreements and borrowing by charter schools, and a requirement that if the school ceases operations all its assets but none of its liabilities revert to the state. Note: Bay Mills technically serves Indian students across the state, so can establish charters anywhere in the state.

Received in the Senate

March 25, 2003

Referred to the Committee on Education