2023 House Bill 4287

Appropriations: department of education; appropriations for fiscal year 2023-2024; provide for.

A bill to make appropriations for the department of education for the fiscal year ending September 30, 2024; and to provide for the expenditure of the appropriations.

Mackinac Center Analysis

An appropriations bill for the Department of Education for FY '24.

Introduced in the House

March 15, 2023

Introduced by Rep. Regina Weiss (D-6)

Referred to the Committee on Appropriations

May 3, 2023

Reported with substitute H-2

May 10, 2023

Substitute H-2 concurred in by voice vote

Amendment offered by Rep. Nate Shannon (D-58)

1. Amend page 9, line 25, after “schools” by striking out “100” and inserting “6,000,000” and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 32, line 24, after “1105.” by striking out “From the” and inserting “The”.

3. Amend page 32, line 25, after “schools” by striking out the comma and “not less than $50.00”.

The amendment passed by voice vote

Amendment offered by Rep. Carrie Rheingans (D-47)

1. Amend page 9, following line 25, by inserting:

“Wonderschool

5,475,000”

2. Amend page 10, line 1, after “revenues” by striking out “100,000” and inserting “5,575,000” and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 33, following line 3, by inserting:

“Sec. 1106. (1) From the funds appropriated in part 1 for Wonderschool, $5,475,000.00 shall be used for a program that provides quality support to Michigan providers who seek to adopt business practices that best serve Michigan families.

(2) An eligible recipient of funds under this section must partner with the department of licensing and regulatory affairs and stakeholders to increase the supply of child care family homes, group homes, and centers by recruiting and coaching prospective providers through the initial business planning and implementation process and develop and execute a 2 year mentorship program for new child care family homes, group homes, and centers.

(3) In order to be eligible for funding under this section, the recipient must agree to do all of the following:

(a) Partner with the department of licensing and regulatory affairs to plan, staff, and execute in-person and virtual recruitment events for new child care providers in areas of need. Develop informational materials that assist family, group, and center child care providers with marketing, advertising, and parental outreach.

(b) Provide a software platform, including customizable dashboards, to assist family, group, and center child care providers with marketing, enrollment, family communication, billing, and expense reporting.

(c) Offer child care provider coaching and training including in-person group training sessions, on-site coaching visits, community forums and events.

(4) As a condition of receiving funds appropriated in part 1, recipients must report to the department all necessary information to meet state and federal reporting requirements in law and regulations. This information must be reported in a form and manner determined by the department.”.

The amendment passed by voice vote

Amendment offered by Rep. Brad Paquette (R-37)

1. Amend page 15, line 20, after “217.” by striking out the balance of the line through “period.” on line 25 and inserting “(1) On a quarterly basis, the department shall report to the senate and house appropriations committees, the senate and house appropriations subcommittees on the department budget, and the senate and house fiscal agencies the following information:

(a) The number of FTEs in pay status by type of staff and civil service classification.

(b) A comparison by line item of the number of FTEs authorized from funds appropriated in part 1 to the actual number of FTEs employed by the department at the end of the reporting period.

(2) By March 1 of the current fiscal year, the department shall report to the senate and house appropriations committees, the senate and house appropriations subcommittees on the department budget, and the senate and house fiscal agencies the following information:

(a) Number of employees that were engaged in remote work in 2023.

(b) Number of employees authorized to work remotely and the actual number of those working remotely in the current reporting period.

(c) Estimated net cost savings achieved by remote work.

(d) Reduced use of office space associated with remote work.”.

The amendment failed by voice vote

Amendment offered by Rep. Phil Green (R-67)

1. Amend page 16, following line 2, by inserting:

“Sec. 219. If the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated under this article, the legislature may, by a concurrent resolution adopted by a majority of the members elected to and serving in each house, intertransfer funds within this article for the particular department, board, commission, officer, or institution.”.

2. Amend page 18, following line 8, by inserting:

“Sec. 227. (1) Any department, agency, board, commission, or public officer that receives funding under part 1 shall not:

(a) Require as a condition of accessing any facility or receiving services that an individual provide proof that he or she has received a COVID-19 vaccine except as provided by federal law or as a condition of receiving federal Medicare or Medicaid funding.

(b) Produce, develop, issue, or require a COVID-19 vaccine passport.

(c) Develop a database or make any existing database publicly available to access an individual’s COVID-19 vaccine status by any person, company, or governmental entity.

(d) Require as a condition of employment that an employee or official provide proof that he or she has received a COVID-19 vaccine. This subdivision does not apply to any hospital, congregate care facility, or other medical facility or any hospital, congregate care facility, or other medical facility operated by a local subdivision that receives federal Medicare or Medicaid funding.

(2) A department, agency, board, commission, or public officer may not subject any individual to any negative employment consequence, retaliation, or retribution because of that individual’s COVID-19 vaccine status.

(3) Subsection (1) does not prohibit any person, department, agency, board, commission, or public officer from transmitting proof of an individual’s COVID-19 vaccine status to any person, company, or governmental entity, so long as the individual provides affirmative consent.

(4) If a department, agency, board, commission, subdivision, or official or public officer is required to establish a vaccine policy due to a federal mandate, it must provide exemptions to any COVID-19 vaccine policy to the following individuals:

(a) An individual for whom a physician certifies that a COVID-19 vaccine is or may be detrimental to the individual’s health or is not appropriate.

(b) An individual who provides a written statement to the effect that the requirements of the COVID-19 vaccine policy cannot be met because of religious convictions or other consistently held objection to immunization.

(5) As used in this section, “public officer” means a person appointed by the governor or another executive department official or an elected or appointed official of this state or a political subdivision of this state.”.

3. Amend page 18, following line 23, by inserting:

“Sec. 229. As a condition of receiving funds appropriated in part 1, the department shall not submit federal accountability plans or request amendments to federal accountability plans until after notification of the content to both the house and senate appropriations committees, house and senate fiscal agencies, and the state budget director.

Sec. 230. From the funds appropriated in part 1, the department shall compile a report that identifies any new mandates required of nonpublic schools or the lack of any new mandates for nonpublic schools. In compiling the report, the department may consult with relevant statewide education associations in Michigan. The report compiled by the department shall indicate the type of mandate, including, but not limited to, student health, student or building safety, accountability, and educational requirements, and shall indicate whether a school has to report on the specified mandates. The report required under this section shall be completed by April 1, 2024 and transmitted to the state budget director, the house and senate appropriations subcommittees responsible for the department, and the senate and house fiscal agencies not later than April 15, 2024.

Sec. 231. It is the intent of the legislature that departments maximize the efficiency of the state workforce and, where possible, prioritize in-person work. Each executive branch department, agency, board, or commission that receives funding under part 1 must post its in-person, remote, or hybrid work policy on its website.”.

4. Amend page 18, line 24, after “Sec.” by striking out the balance of the sentence and inserting “232.”.

5. Amend page 18, following line 29, by inserting:

“Sec. 233. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2024 are estimated at $12,622,000.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $8,305,000.00. Total agency appropriations for retiree health care legacy costs are estimated at $4,317,000.00.

Sec. 235. (1) From the funds appropriated in part 1, the department shall administer a survey that allows teachers, paraprofessionals, and administrators to provide feedback on their interactions with the department.

(2) The department shall administer the survey required in subsection (1) with a focus on the following interactions:

(a) Any transaction that occurs through the Michigan Online Educator Certification System.

(b) Professional development that is offered or coordinated by the department.

(3) The survey required under subsection (1) must include, but is not limited to, the following:

(a) Information on a survey recipient’s viewpoint of the department and rating of their interactions under subsection (2).

(b) The recipient’s insight on the department’s effectiveness in achieving goals within Michigan’s Top 10 Strategic Education Plan.

(4) The department shall prepare a report of the survey required under subsection (1), including a summary of the survey results, and shall submit that report to the senate and house appropriations committees by June 1, 2024. It is the intent of the legislature that the usefulness of this report in decision making, and need to maintain reporting requirements, shall be assessed in the fiscal year 2025-2026.”.

The amendment failed by voice vote

Amendment offered by Rep. Luke Meerman (R-89)

1. Amend page 13, line 12, after “211.” by striking out all of subsections (1) and (2) and inserting “Money appropriated in part 1 must not be used to require actions related to diversity, equity, and inclusion (DEI); to restrict or impede any community’s access to government resources, programs, or facilities; or to diminish, interfere with, or restrict an individual’s ability to exercise rights as outlined under the State Constitution.”.

The amendment failed by voice vote

Passed in the House 56 to 52 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

May 11, 2023

Referred to the Committee of the Whole

June 28, 2023

Referred to the Committee on Appropriations