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HB 5808

School aid: penalties; exception to minimum days of pupil instruction requirement for certain closures; modify. Amends sec. 101 of 1979 PA 94 (MCL 388.1701).

2025-2026 Regular Session Introduced by Brian BeGole and 10 co-sponsors

The bill tightens penalties and data reporting for districts failing to meet minimum instructional time, while expanding waivers for innovative or alternative programs.

bill electronically reproduced 04/16/2026
#education:calendar #education:schooldistricts #schoolaid:penalties #stateagencies(existing):education
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Bill Summary · HB 5808

Summary of HB 5808 (2025-2026) – Michigan

Proposed amendments to the state school aid act of 1979, focusing on penalties for noncompliance with pupil instruction requirements, and related provisions for data reporting, waivers, and counting of instructional time.

1) Purpose and intent

  • The bill aims to modify Section 101 of 1979 PA 94 (MCL 388.1701) regarding:
    • Data reporting requirements for pupil enrollment and attendance.
    • Penalties and forfeit provisions related to minimum hours and days of pupil instruction.
    • Waiver processes for alternative education programs and innovative delivery models.
    • Counting rules for hours/days of pupil instruction, including use of professional development time, and exceptions for certain programs (cyber schools, dropout recovery).
  • Overall effect: tighten enforcement for districts and intermediate districts to meet or adjust minimum instructional time, while expanding flexibility through waivers and alternative models.

2) Key provisions and changes

Data reporting and penalties (subsections (1) and (2))

  • Districts must submit enrollment and regular attendance data for the current school year:
    • By the fifth Wednesday after the pupil membership count day and the supplemental count day.
    • If a district operates year-round, it must also report enrollment/attendance for the current year as required.
    • Any pupil membership conflicts must be resolved and data recertified by the sixth Wednesday after each count.
  • Noncompliance consequences:
    • If a district fails to submit/certify data, the state center notifies the department, which then withholds state aid beginning with the next payment and continues withholding until compliance.
    • If noncompliance persists to the end of the fiscal year, the district forfeits the withheld amount.
  • Penalties for falsification: penalties apply under section 161 (existing law).

Audited data for intermediate districts (subsection (2))

  • Intermediate districts must submit audited enrollment and attendance data for its constituent districts and itself by the 24th Wednesday after count days.
  • Withholding of state aid applies immediately for noncompliance, with forfeiture if not corrected by year-end.

Minimum hours/days of instruction and related penalties (subsection (3) and beyond)

  • General requirement:
    • Most districts must provide at least 1,098 hours and 180 days of pupil instruction (subject to certain exceptions).
    • Waivers may be sought under subsection (9) or (subsection (h) in earlier version language) for department-approved alternative education or innovative programs (including 4-day school weeks).
  • Forfeiture and partial funding:
    • If a district fails to meet the minimum, state aid is reduced proportionally based on noncompliance (hours/days shortfall relative to the minimum).
    • If a district certifies full compliance by August 1 or reports noncompliance, the department deducts the shortfall from the next fiscal year’s first state aid payment.
    • Districts are not subject to forfeiture for a year already forfeited under subsection (6).
  • Counting rules and exceptions:
    • Certain days/hours caused by events beyond control (storms, epidemics, power outages, etc.) may be counted, with caps.
    • Up to 3 additional days or equivalent hours may be counted for unusual/extenuating circumstances with superintendent approval.
    • Professional development time can count toward instructional hours (up to 38 hours), subject to strict safeguards:
    • At least 8 hours must be recommended by a district-wide PD advisory committee.
    • PD may be online if approved; must align with improvement plans and evaluation criteria.
    • Limited timing constraints (no more than 10 hours outside the school year start/end, and not more than 10 hours in any single month; at least 75% attendance among participating teachers).

Special waivers (subsection (9))

  • Districts may apply for waivers from the minimum hours/days for:
    • Dept.-approved alternative education programs or other innovative programs (including 4-day weeks).
  • If approved and compliant with waiver terms, the district is not subject to forfeiture for the covered program.
  • Waiver details mirror the general rules for renewal and term length:
    • Some waivers (blended delivery or 100% online with sufficient hours) may be ongoing automatically if previously approved, pending revocation by the superintendent.
    • Other waivers last for up to 3 fiscal years and require renewal.

Additional notes and compliance (subsections (7)-(8), (10)-(13))

  • Detailed guidelines for calculating full-time equivalents (FTE) and instructional time, including JROTC, cooperative education, and certain special education arrangements.
  • Districts may count up to 38 hours of professional development as instructional time, with stringent qualifications and audit requirements.
  • Cyber schools and dropout recovery programs have specific exemptions from certain subsections.
  • The superintendent must review waiver standards at least every 2 years and solicit stakeholder input.

3) Who is affected

  • Local school districts: primary direct impact through data reporting, instructional hour requirements, penalties for noncompliance, and ability to apply for waivers.
  • Intermediate districts: must submit audited data and face funding withholdings if noncompliant.
  • Departments and centers: responsible for data processing, reporting, auditing, enforcing penalties, and approving waivers and alternative programs.
  • Teachers and district personnel: potential changes in how professional development counts toward instructional time and how attendance and instructional hours are scheduled and audited.
  • Students: potential changes in calendar structure (e.g., 4-day weeks, online or blended programs) and impact on instructional time accounting.

4) Procedural and timeline aspects

  • Data reporting deadlines:
    • By the fifth Wednesday after each count day; six-week window to resolve conflicts and recertify.
    • For auditors: 24th Wednesday after count days for intermediate districts.
  • Penalty timing:
    • Withholding of state aid begins with the next payment after noncompliance and continues until compliance; potential forfeiture at year-end if not corrected.
  • Waiver cycles:
    • Waivers can be granted for specific programs; certain waivers (online or blended) may be long-lasting if previously granted.
    • All waivers include renewal or revocation provisions.
  • Review requirement:
    • The superintendent must review waiver standards at least every 2 years, with stakeholder input.

Note: This summary reflects the substantive language and structure of HB 5808 as introduced, focusing on operational effects on data reporting, minimum instructional time, penalties, and waivers.

Compiled from official sources — confirm details with the bill’s official record.

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