Bay Mills Community College - Who We Are

In June 1984, the Bay Mills Indian Community chartered the College to serve the post secondary educational needs of Indians throughout the State of Michigan. Under federal law, the College is a recognized community college entitled to receive federal funding under the Tribally Controlled Community College Assistance Act of 1978. As part of the Improving America's School Act of 1994, the College was one of twenty-nine (29) tribally controlled community colleges recognized as a land grant institution entitling the College to certain federal funds. Since August 1995, the College has been accredited by the North Central Association of Colleges and Schools - Commission on Higher Learning. As of this date, it is the only accredited tribally community college located in the State of Michigan.

Bay Mills Community College Board of Regents - Charter School Authorizer

In January 1994, former Michigan Governor John Engler signed into law 1993 PA 362 (hereinafter referred to as "Part 6a"). This law, which created an entirely new part to Michigan's School Code, authorized the creation of a new kind of Michigan public school - a public school academy (also referred to as 'charter schools'). A charter school is created by the issuance of a "contract" by a recognized state educational body. Under state law, there are four types of state educational bodies that may authorize charter schools. They include the governing boards of (i) K-12 school districts; (ii) intermediate school districts; (iii) community colleges; and (iv) state public universities.

Under Michigan law, there are two different kinds of community colleges: (i) those established under the Community College Act of 1966, as amended; and (ii) accredited federally tribally controlled community colleges that receive assistance under the Federal Assistance Act of 1978. A community college is permitted to issue a contract to a charter school to operate within the boundaries of the community college, except that community colleges cannot authorize any charter schools to operate within the boundaries of the Detroit Public Schools. As noted above, the College is the only tribally controlled community college in the State of Michigan.

Charter School "Cap"

In 1995, a "cap" was placed on the number of contracts that the governing boards of state public universities could issue. The cap of 150 contracts was reached in 1998, and since that time, numerous legislative efforts have been undertaken to raise the number of schools that can be authorized by state public universities. To date, no legislative resolution has been reached on how many more charter schools can be authorized by the governing boards of state public universities. Although there is a cap on the number of contracts that can be issued by state public universities, there is no cap on the number of contracts that can be issued by the governing boards of community colleges.

In late 1996 and earlier 1997, the College Board engaged in a series of substantive legal discussions with both the Governor's Office and the Michigan Attorney General's Office in an attempt to issue contracts under state law. At that time, state officials vigorously resisted the authorization of any new charter school by the governing board of a federal tribally controlled community college. The legal objections included whether (i) existing law clearly identified members of the community college board as state public officials; (ii) whether the College Board was clearly defined as a state educational body; and (iii) whether the College Board, when acting as an authorizing body, was under the exclusive jurisdiction of the State of Michigan. As a result of these outstanding legal issues, the College was unable to act as a charter school authorizing body.

In Summer of 2000, a provision was added to Michigan's Revised School Code clarifying the authority of a College Board to act as a charter school authorizing body. This provision requires that the College Board and its members must take the following steps before acting as a charter school authorizing body:

(a) The members of the College Board must execute the constitutional oath of office as a public officer of the state of Michigan.

(b) The members of the College Board must certify to the state department of education that the members will act as a public educational body or officer of this state subject only to the constitution and laws of this state in exercising the powers or carrying out the functions and that their functions are under the exclusive control of the state.

(c) A member of the College Board acting as a public officer under this section shall be subject to removal or suspension by the superintendent of public instruction for violating the provisions of this section.

In December 2000, the College Board issued two charter school contracts for schools in Pontiac and Bay County, Michigan. Efforts were well under way for these two schools to begin operating in the Fall of 2001, when a request for legal opinion was submitted to the Michigan Attorney General's Office concerning the College Board's geographical boundaries as authorizing body. In September 2001, then Attorney General Jennifer Granholm issued a formal opinion interpreting the College Board's authorizing body geographical boundaries to be consistent with the College's service area which encompasses the entire State of Michigan. Since the opening of the initial two schools in Pontiac and Bay City, the College has authorized and opened 39 public school academies in Michigan. This number includes the Ojibwe Charter School on the Bay Mills Reservation. The total student population in 2008 for those 39 schools was approximately 15,000 students. Of those 15,000 students 53% are minority and 47% are lower economic status. The demographics of the Bay Mills Community College charter school students are consistent with the College's mission; to serve those students who are urban, minority, and/or poor.