Michigan Department of Education
FINAL REPORT AND DECISION
OF
THE SUPERINTENDENT OF PUBLIC INSTRUCTION
In the matter of: Appeal by Plainwell Community Schools of the
Fall 2016 Pupil Membership Count
Docket No. MA 18-1
BACKGROUND FACTS
Following a July 20, 2017 quality control review by Gloria Suggitt, pupil membership auditor of the Michigan Department of Education (Department), Allegan Area Educational Service Agency (ESA) conducted an audit that resulted in the deduction of 15.4 FTE from the fall 2016 pupil membership count of Plainwell Community Schools (Plainwell). Plainwell appealed the deduction to the ESA, which denied the appeal in its entirety.
On September 7, 2017, Plainwell filed a first level appeal with Naomi Casher, assistant director of the Department’s Office of Financial Management. On December 5, 2017, Ms. Casher denied the appeal. On January 3, 2018, Plainwell requested final agency review by the Superintendent of Public Instruction.
Plainwell chose to present its appeal at a review conference rather than entirely in writing. A review conference was convened at the Department on May 17, 2018. Present at the review conference were Robert Taylor, designee of the Interim Superintendent of Public Instruction; Ms. Casher; Travis Comstock, assistant attorney general representing Ms. Casher; Assistant Attorney General Leah Brooks; Louis Burgess, assistant director of the Department’s Office of Financial Management; Matthew Montange, Plainwell superintendent; Jeremy Wright, principal of Plainwell High School; Kristy Newman, Plainwell curriculum director; Jennifer Starlin of Thrun Law Firm, P.C., representing Plainwell; and Mary Fielding, a Department administrative law specialist.[1]
DISCUSSION
Consideration of this appeal is guided by several well-established principles. First, it is the Department’s responsibility to administer the distribution of state school aid funds in full compliance with all applicable statutes and administrative rules and to ensure that statutes and rules are applied uniformly to all school districts. Ithaca Public Schools (MA 16-1); Delton Kellogg Schools (MA 12-4); Galien Township School District (MA 12-1); McBain Rural Agricultural School (MA 11-1); Port Huron Area School District (MA 10-1); Parchment School District (MA 08-1). In addition, the Legislature has expressly mandated that districts comply with the requirements established in the Pupil Accounting Manual approved by the Department and that, if a district fails to do so, the Department must withhold state school aid. MCL 388.1618(4)(d) and (10). Thus, the Department’s responsibilities include the uniform application of the Pupil Accounting Manual and the administration of state school aid funds in full compliance with it. Ithaca, supra; Galien Township, supra; McBain, supra.
A district claiming eligibility for state school aid is obligated to demonstrate satisfaction of all legal requirements to establish such eligibility. Ithaca, supra; Delton Kellogg, supra; Life Skills Center of Pontiac (MA 12-2); Galien Township, supra; McBain, supra; Port Huron, supra; Parchment, supra; L’Anse Creuse Schools (MA 00-1); Hamtramck Public Schools (MA 94-1); Bendle Schools (MA 93-2); Coopersville Area Public Schools (MA 92-10). Absent statutory authority, the Department, which is subject to monitoring by the Auditor General, has no authority to deviate from legal requirements.[2] Ithaca, supra; McBain, supra; Port Huron, supra; Westwood Community School District (MA 01-3); Beacon International Academy (MA 01-1); Lansing School District (MA 91-9); Orchard View Schools (MA 90-2). Districts’ responsibilities include providing documentation necessary to establish eligibility for state aid, and they are statutorily obligated to retain pupil accounting records for the current fiscal year and from at least the three immediately preceding fiscal years. L’Anse Creuse, supra; MCL 388.1618(4)(a).
At issue in this appeal is Plainwell’s inclusion in its fall 2016 pupil membership count of the 77 pupils enrolled in course number H7400A, which was entitled “Experiential Learning and Career Exploration.” Plainwell described the course as follows.
This course will provide students with the opportunity to explore career paths and create a personal educational and career development plan as part of a comprehensive portfolio. Students will learn and practice employability skills through work placement and job shadowing experiences. This class may only be taken twice.
The course was offered during 5 class periods on the fall 2016 count day. The certified teacher of record was Keven Badalamente.[3] According to documentation provided by Plainwell, pupils enrolled in the course were required to complete online the following six assignments: 1) write an essay describing their goals for the class, 2) write a summary about each of seven links related to the assessment of interests, personality, and skills, 3) prepare a resume and cover letter, 4) complete a general job application, 5) write a summary of a job shadowing experience, and 6) write a reflection paper about the course. Related to the fifth assignment, each pupil was required to choose and participate in a job shadowing experience outside of the school environment either during or outside the school day.
According to Plainwell, each pupil reported to Mr. Badalamente at the beginning of the class period and then proceeded to the classroom of a “mentor teacher” in whose classroom the pupil was placed for the term. Mr. Badalamente was himself listed as the “mentor teacher” for one pupil during first period, one pupil during second period, two pupils during fourth period, and one pupil during fifth period. (Exhibits 2B1, 2B2, 2B4, 2B5, 2D). The only documentation provided by Plainwell that cast light on how the pupils spent their time during the class period after checking in with Mr. Badalamente were forms entitled “Student Aide Weekly Evaluation Form” and “Final Summary Evaluation.” (Exhibit 2A). The weekly form showed that the “mentor teachers” assessed pupils in the following ten areas: timeliness, following directions and procedures, adapting to work requirements, working well with others, trustworthiness, working independently, willingness to learn, using common sense and practicing safety measures, and satisfying the unspecified parameters of two “open categories” determined by each “mentor teacher.” The final summary evaluation form required assessment of a pupil’s timeliness, following directions, trustworthiness, working independently, and satisfaction of one “open category” determined by the “mentor teacher.”
It is Plainwell’s position that the ESA auditor and Ms. Casher erred in finding that course H7400A did not satisfy the experiential learning requirements set forth in Mich Admin Code, R 340.14. The rule, which has been in place since 2008, provides as follows.
(1) A pupil enrolled in an "experiential learning course" may be counted in membership if all of the following are met:
(a) The pupil is enrolled in grades 9 to 12.
(b) The course is taught by a certificated teacher.
(d) The pupil is given a grade and credit based on assessment.
(e) Attendance is taken and documented.
(f) The course with identified content standards and expectations is approved by the board of education of a school district or board of directors of a public school academy. In addition, the board of education shall approve learning objectives that relate to the board approved curriculum and course, outlining content standards and expectations, and shall be progressive in nature. The learning objectives shall not be limited to general employability skills, such as punctuality and developing good work habits.
(g) The course is not used solely as the 1 course requirement for eligibility to participate in postsecondary dual enrollment.
(h) The pupil is limited to 1 experiential learning course per semester.
(i) The pupil shall not replace a regular employee.
(j) The course is a combination of instruction and direct experience.
(2) Experiential learning courses that may be counted in membership include, but are not limited to, the following:
(a) A library assistant course that is curriculum based and approved by the board of education of a school district or board of directors of a public school academy. Pupils receive a syllabus, are given tests and quizzes, and the course is graded, rather than pass or fail.
(b) A teacher assistant course that is curriculum based and approved by the board of education of a school district or board of directors of a public school academy in which a pupil learns teaching techniques and how to tutor or mentor other students. Pupils receive a syllabus, are given tests and quizzes, and the course is graded, rather than pass or fail.
(c) A physical education teacher assistant course that is curriculum based and approved by the board of education of a school district or board of directors of a public school academy. Pupils receive a syllabus, are given tests and quizzes, and the course is graded, rather than pass or fail.
(3) Experiential learning courses that shall not be counted in membership include, but are not limited to, the following:
(a) The pupil is enrolled in grades other than 9 to 12.
(b) A teacher's aide who is assigned to perform basic tasks such as photocopying, delivering and retrieving messages, taking attendance, or running errands.
(c) A janitor aide who is assigned to perform basic tasks, such as emptying trash or other errands.
(d) A cafeteria aide who is assigned to perform basic tasks, such as washing tables or other errands.
(e) An office aide.
(f) A nurse's aide.
(4) An in-district placement under R 340.15 or R 340.16 is not an experiential learning course.
(5) A pupil receiving special education services may participate, as appropriate, in an experiential learning course designed for general education pupils. The pupil shall meet all the requirements of this rule.
The requirements for experiential learning courses are also found in section 6-A of the Pupil Accounting Manual.[4] In addition to reiterating the requirements of Rule 340.14, the manual states that, for pupils to be counted in membership as attending an experiential learning course, each claimed pupil shall have an educational development plan (EDP) in place;[5] the course must be part of the student handbook and included in each claimed pupil’s class schedule; the credit earned must count toward a high school diploma; the certificated teacher assigned to the course shall be employed by the district; pupils shall meet the membership, registration, enrollment, and participation requirements of the State School Aid Act; the course must be offered during normal school hours; and the course must not generate more instructional minutes than 1 class period. The manual provides two detailed examples of eligible experiential learning courses.
· Example 1: Librarian Assistant Course
The pupil would enroll in a “librarian assistant course” taught by the certificated teacher during the pupil’s fifth (5th) hour. The pupil attends and receives curriculum-based instruction from the certificated teacher that has been approved by the local board. The pupil receives a syllabus, is given tests and quizzes, and the pupil is eligible to receive credit towards a high school diploma through the issuance of a grade. The direct experience would be eventual library-related tasks.
· Example 2: Teacher Assistant Course
The pupil would enroll in a “teacher assistant course” taught by the certificated teacher during the pupil’s third (3rd) hour. The pupil attends and receives curriculum-based instruction from the certificated teacher that has been approved by the local board. The direct experience would be eventual tutoring or mentoring other students. The pupil receives a syllabus, is given tests and quizzes, and the pupil is eligible to receive credit towards a high school diploma through the issuance of a grade.
Ms. Casher found that Plainwell did not establish that course H7400A satisfied Rule 340.14(1)(f), which requires an experiential learning course to have learning objectives that are not limited to general employability skills such as punctuality and good work habits. Plainwell argues that course H7400A covered more than general employability skills in that pupils “completed writing assignments, were required to job shadow both inside and outside of school, and were mentored by a teacher whose work was of interest to the individual student.” (January 3, 2018 letter, p 9). In addition, Plainwell asserts that the pupils “learned how to navigate on-line learning formats, research, and improve oral and written communication skills.” Id.
As noted above, it was Plainwell’s responsibility to establish compliance with the requirements for counting its pupils in membership, including providing documentation necessary to establish eligibility for state aid. As a whole, and as demonstrated by the detailed examples provided in the Pupil Accounting Manual, Rule 340.14 contemplates that an experiential learning course shall include learning objectives and curriculum-based instruction in more than general employability skills. I find no documentation in the record of such learning objectives or curriculum-based instruction for course H7400A on the fall 2016 count day. The only documented instruction was the content that was delivered online, which was general in nature. There was no documentation supporting Plainwell’s assertion that the disputed pupils were assigned to the classrooms of “mentor teachers” whose work was of interest to them. Although Plainwell suggested at the review conference that at least some of the pupils had an interest in the teaching profession, there was no documentation that Mr. Badalamente, who was the teacher of record, or any of the “mentor teachers” delivered instruction to them about teaching or that they were assessed on their progress in demonstrating skills related to the teaching profession (e.g., tutoring or mentoring other pupils) or any particular profession. In addition, there was no documentation of any parameters for the outside-school job shadowing experience.
In its second level appeal letter (January 3, 2018 letter, p 1), Plainwell asserted that the ESA auditor contacted the district in February 2017 and requested a meeting to discuss course H7400A, a district representative met with the auditor and discussed “a plan to improve the rigor of the course,” and Plainwell provided the auditor with “a proposed plan to make the course more rigorous and improve data collection processes.” At the review conference, Plainwell provided a document about a February 15, 2017 meeting attended by Plainwell’s then-curriculum director, Bob Van Dis; Mr. Wright; Assistant Principal Debra Beals; Mr. Badalamente; and three counselors. According to Plainwell, that document, which was entitled “Experiential Learning Meeting 2.15.17—Problems and Corrections,” was the plan proposed by the district to respond to the ESA auditor’s concerns about course H7400A. The document identified what Plainwell described as five “problems” and corresponding “corrections.”
Problem 1. Focus of the class—when as [sic] student is placed with a mentor teacher, this must be a teacher assistant course where students mostly learn teaching techniques and how to tutor and mentor pupils. This cannot be a teacher aide course where students mostly perform basic tasks such as copying, delivering/retrieving messages, taking attendance, or doing errands. This needs to be made consistent across all placements.
Corrections:
___Principals will hold meetings with all teachers to explain that the focus of the class is on having a teacher assistant not teacher aide
___Principals will explain the expectations of mentor teachers in taking on a teacher assistant—which is to show their students teaching techniques and how to tutor and mentor other students
___New forms for recording daily activities and for monitoring them will be handed out and explained at this meeting as well
Problem 2. Syllabus must better indicate what the focus and goals of the class are.
Correction:
___Keven Badalamente will revise the course description, syllabus, and activity recording sheets and get them approved by the principal and curriculum director
Problem 3. Course should be listed in students’ EDP and student placement with a teacher should be related to the students’ career interests or plans.
Correction:
___Counseling office will create a Google spreadsheet of 1) students interested in Experiential Learning as a teacher assistant; 2) their career pathways and career interests from their EDP; and 3) teachers interested in having a teacher assistant and the subjects/grades they teach. This will assist teachers, students, and counselors in matching students with mentor teachers and for this to be monitored.
___During class selection meetings, counselors will only allow students to take Experiential Learning if they are matched with a teacher whose subject or grade is related to their career pathway or interest.
___Principals and Keven Badalamente will monitor this on the Google spreadsheet after course selection before the trimester begins and make any needed changes.
Problem 4: Teacher of Record needs to know and review students’ EDPs
Correction:
___Keven Badalamente will monitor this on the spreadsheet before class begins to assure that students [sic] career pathways and interests align with their mentor teacher placement
___Keven will share this spreadsheet with all mentor teachers
Problem 5. All students must complete a daily activity log of what they did in class that day, signed by their mentor teacher, and turned in to and monitored by the Experiential Learning Teacher.
Correction:
___Keven will create and use a new daily recording sheet where students will record the activities they do in Experiential Learning each day. This form will be signed by the mentor teacher each week and sent to Keven who will monitor this for compliance with the goals of the class. (Emphasis in original.)
According to Plainwell, it received no response from the ESA auditor after the district provided her with this proposed plan to make course H7400A more rigorous. (January 3, 2018 letter, p 1). It is unknown if the auditor accepted the proposed plan as sufficient to allay her concerns about course H7400A’s compliance with legal requirements. Although I express no opinion about whether course H7400A would have satisfied relevant legal requirements had the “corrections” identified in the document been implemented, I find that Plainwell’s acknowledgment of the specific “problems” with course H7400A in February 2017 leads reasonably to the conclusion that, on the fall 2016 count day, the course was less rigorous than required by Rule 340.14. Plainwell presented no documentation, for example, that, on the fall 2016 count day, course H7400A was a teacher assistant course or that “mentor teachers” were required to offer to H7400A pupils more than a teacher’s aide experience. On the contrary, the weekly form presented by Plainwell (Exhibit 2A) refers to the pupils as “student aides” and the February 15, 2017 document strongly suggests that there was no widely understood requirement that the course offer them more than a teacher’s aide experience on the fall 2016 count day. Nor was there any documentation that, as of the fall 2016 count day, the placement of course H7400A pupils with “mentor teachers” was aligned with their EDPs.
In summary, based on careful review of the documentation presented by Plainwell and consideration of the district’s arguments, I agree with Ms. Casher that Plainwell did not satisfy its burden to present documentation showing compliance with Rule 340.14(1)(f) on the fall 2016 count day and that therefore deduction of all FTE for the pupils enrolled in course H7400A on that day was proper.
Ms. Casher also found that course H7400A did not satisfy Rule 340.14(1)(c) insofar as Plainwell claimed pupils who attended the course during first, second, and third periods. My finding that Plainwell did not satisfy Rule 340.14(1)(f) renders it unnecessary to address this finding, but I will nonetheless address it so as to provide guidance to Plainwell and other school districts.
Rule 340.14(1)(c) requires that the primary responsibility of the certificated teacher assigned to a course whose pupils are claimed in membership under the rule must be teaching the experiential learning pupils during the course time frame, and that that teacher shall not be concurrently teaching another course. During first and second periods, Mr. Badalamente was assigned to teach three courses: Television Production, Advanced TV Production, and course H7400A. According to his schedule, all of those courses were held in Room 414. (Exhibit 2E). During third period, he was assigned to teach Theater Tech in Room 414 and course H7400A in Room 118. Id. His concurrent responsibility for other courses indisputably established noncompliance with Rule 340.14(1)(c) for first, second, and third periods.
Plainwell argues that it complied with Rule 340.14(1)(c) because, in addition to the fact that Mr. Badalamente was the certified teacher of record for course H7400A, each pupil enrolled in the course was assigned to a certified “mentor teacher” in whose class the pupil spent the class period. However, the “mentor teachers” were teaching their regularly assigned classes when the H7400A pupils were in their classrooms. Thus, even assuming for the sake of argument that an experiential learning course can be taught by more than one certificated teacher and that the “mentor teachers” could have been considered as “teaching” the experiential learning pupils, it is indisputable that delivering instruction to those pupils was not their “primary responsibility.”
During the review conference, Plainwell raised another argument about Rule 340.14(1)(c), asserting that, during third period, another certificated teacher, Scott Evans, was assigned to assist Mr. Badalamente. Plainwell presented no documentation in support of this assertion and it is not disputed that Mr. Badalamente remained the teacher of record of course H7400A. Again, even assuming that an experiential learning course can be taught by more than one certificated teacher, Plainwell presented no documentation about Mr. Evans’ third period assignment, including whether his primary responsibility during that period was teaching course H7400A pupils or whether he was concurrently assigned to teach another class.
For these reasons, I agree with Ms. Casher that course H7400A did not satisfy the requirements of Rule 340.14(1)(c) for first, second, and third periods on the fall 2016 pupil membership count day. In a broader sense, I question whether Mr. Badalamente’s “primary responsibility” during any class period was “teaching” the course H7400A pupils as required by Rule 340.14(1)(c). For example, it appears that, during all class periods, Mr. Badalamente’s sole contact with any pupils, with the exception of the five for whom he was the “mentor teacher,” was to take attendance.
Plainwell raises the alternative argument that it properly counted each of the 77 disputed pupils under Mich Admin Code, R 340.12 and the independent study requirements of section 5-O-A of the Pupil Accounting Manual.
According to Section 1 of the Pupil Accounting Manual, local school districts must document the accuracy of membership counted for state aid and must provide requested materials to the pupil membership auditor. The section further provides that it is the responsibility of a district to identify the applicable category for each pupil who is claimed under a non-conventional category, including experiential learning courses and independent study. In this case, Plainwell does not claim that it presented its independent study theory to the ESA pupil membership auditor. In any event, Plainwell presented no documentation to support a finding that course H7400A was self-directed or that it was approved as an independent learning course by the Plainwell board of education as required by Rule 340.12 and section 5-O-A of the Pupil Accounting Manual.
For these reasons, I find that Plainwell did not satisfy its burden to establish compliance with legal requirements to count the disputed pupils in membership.
Plainwell argues that, if course H7400A pupils were incorrectly included in its fall 2016 pupil membership count, the amount of FTE deducted (i.e., 0.2 FTE per pupil) was incorrect. Plainwell presented no documentation that supported this argument, which was at odds with the fact that the deduction merely reflected the FTE the district claimed for the course H7400A pupils.
ORDER
Based on my review of this matter and for the above reasons, I affirm the deduction of 15.4 FTE from the Fall 2016 pupil membership count of Plainwell Community Schools.
This final report and decision is being transmitted to the Department of Education’s Office of Financial Management – State Aid and School Finance for implementation.
___________________________________
Sheila A. Alles
Interim Superintendent of Public Instruction
Dated: July 6, 2018
[1] The 15.4 FTE deduction imposed by the ESA represented pupils enrolled in Plainwell’s course H7400A. In her December 5, 2017 decision, Ms. Casher found that an additional FTE deduction was required based on the number of overall instructional hours provided by Plainwell. At the May 17, 2018 review conference, the parties agreed to remand of the matter to Ms. Casher for review of documentation submitted by Plainwell related to the additional FTE deduction. In a decision issued on June 11, 2018, Ms. Casher reversed her December 5, 2017 decision insofar as it related to the deduction of FTE beyond the 15.4 FTE deduction imposed by the ESA. Currently at issue, therefore, is only the deduction of FTE related to course H7400A.
[2] In section 15(2) of the State School Aid Act, MCL 388.1615(2), as amended by 2017 PA 108, effective July 14, 2017, the Legislature granted authority to the Department to waive all or part of state aid adjustments. Waiver requests under section 15(2) must be filed with the Department’s Office of Financial Management – State Aid and School Finance.
[3] Mr. Badalamente holds a secondary professional teaching certificate with endorsements in mathematics and earth/space science. (Exhibit 2C). (Exhibits were attached to Plainwell’s January 3, 2018 appeal letter.)
[4] The current version of section 6-A is identical to the version in place during the 2016-2017 school year.
[5] Plainwell concedes that there was no EDP on file for two of the 77 pupils whose membership is at issue in this matter. Unless I agree with Plainwell’s alternative argument that those pupils can be counted as independent study pupils, an argument that I address below, Plainwell does not dispute the deduction of 0.2 FTE that it claimed for each of those pupils.