2003 Senate Bill 393 / Public Act 179

Introduced in the Senate

April 23, 2003

Introduced by Sen. Wayne Kuipers (R-30)

To increase from 150 to 450 the total number of charter schools (public school academies) that can be created by universities, and impose new regulations, disclosure requirements and oversight provisions on charter schools, the education management companies with which they may contract, and the institutions which issue the charters. Many of the regulatory requirements which apply to regular schools would also be applied to charters, including teacher certification requirements, special education mandates, etc. Charters would be required to have a school board appointed by the authorizing institution, and would be subject to Freedom of Information Act and Open Meetings Act provisions. The bill would also require the Department of Education to assign a district code to a newly authorized charter school within 30 days, would allow charters to issue bonds, and allow community colleges (including Bay Mills) to authorize charter schools in Detroit. Note: Bay Mills technically serves Indian students across the state, so can establish an unlimited number of charters anywhere in the state.

Referred to the Committee on Education

June 17, 2003

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

June 19, 2003

Substitute offered

To replace the previous version of the bill with a revised version, which was amended in non-roll call votes by the Committee of the Whole to reduce the number of charter schools that can be created by universities from 450 to 350, and remove 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. It would be included under the university charter cap. Another amendment increased from five to 25 the total number of charter high schools, not including the 15 urban high schools in Detroit.

The substitute passed by voice vote

Passed in the Senate 21 to 16 (details)

To increase from 150 to 350 the total number of charter schools (public school academies) that can be created by universities, and impose new regulations, disclosure requirements and oversight provisions on charter schools, the education management companies with which they may contract, and the institutions which issue the charters. The bill would remove the ability of Bay Mills Community College to create an unlimited number of charters by placing it under the university charter cap. Bay Mills technically serves Indian students across the state, so can establish charters anywhere in the state. The bill would increased from five to 25 the total number of charter high schools. It would authorize an additional 15 urban high schools in Detroit. Language in the bill makes the intention clear that these would be created by philanthropist Robert Thompson, who has promised to donate up to $300 million for the purpose. Many of the regulatory and reporting requirements which apply to regular schools would also be applied to charters. Charters would be required to have a school board appointed by the authorizing institution, and could borrow and bond, but not pledge the credit of the state to secure the debt.

Received in the House

June 19, 2003

Referred to the Committee on Education

June 25, 2003

Reported without amendment

Without amendment and with the recommendation that the bill pass.

July 17, 2003

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

To replace the previous version of the bill with one which would authorize 350 university charters, plus 25 high schools, plus the 15 Robert Thompson urban high schools.

The substitute failed by voice vote

Substitute offered by Rep. Rick Johnson (R-102)

To replace the previous version of the bill with one which only includes the authorization for an additional 15 urban high schools in Detroit. Language in the bill makes the intention clear that these would be charter schools created by philanthropist Robert Thompson, who has promised to donate up to $200 million for the purpose.

The substitute passed by voice vote

Passed in the House 57 to 50 (details)

To adopt a version of the bill which only includes the authorization for an additional 15 urban high schools in Detroit. Language in the bill makes the intention clear that these would be charter schools created by philanthropist Robert Thompson, who has promised to donate up to $200 million for the purpose.

Received in the Senate

July 17, 2003

Failed in the Senate 0 to 29 (details)

Aug. 13, 2003

Received

Passed in the Senate 22 to 16 (details)

Sept. 18, 2003

Received

Failed in the Senate 0 to 38 (details)

To concur with the House-passed version of the bill. This vote has the effect of undoing the Senate's August 13 vote to concur, and vacates the enrollment of the bill. After the Aug. 13 vote, Gov. Jennifer Granholm and legislative leaders entered into negotiations which resulted in a possible agreement over a broader charter school expansion package. As a result, the Senate has vacated the enrollment of the bill before the deadline for a governor's signature or veto, allowing time for a compromise bill to be considered by the legislature.

Received in the House

Sept. 23, 2003

Signed by Gov. Jennifer Granholm

Oct. 3, 2003

By "accident." Under the Constitution, the governor has 14 days after a bill is presented to send it back to the legislature with a veto message, or it is considered signed into law. Although the Senate vacated the enrollment of the bill within this 14 day period, the House did not, and an Attorney General opinion has determined that as a result, under the letter of the law, the bill did become law. Although the final version of the bill was drafted to accommodate the 15 Detroit charter schools to be built by philanthropist Robert Thompson, the language is sufficiently general to apply to another chartering entity. Mr. Thompson has withdrawn his offer, citing the "anger and hostility that has greeted our proposal".