April 21, 2015, Introduced by Reps. Chang, Gay-Dagnogo, Garrett, Liberati, Hoadley, Geiss, Wittenberg, Zemke, Greig, Derek Miller, Yanez, Durhal and Santana and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 1561 and 1578 (MCL 380.1561 and 380.1578),
section 1561 as amended by 2009 PA 204.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1561. (1) Except as otherwise provided in this section,
for a child who turned age 11 before December 1, 2009 or who
entered grade 6 before 2009, the child's parent, guardian, or other
person in this state having control and charge of the child shall
send that child to a public school during the entire school year
from the age of 6 to the child's sixteenth birthday. Except as
otherwise provided in this section, for a child who turns age 11 on
or after December 1, 2009 or a child who was age 11 before that
date and enters grade 6 in 2009 or later, the child's parent,
guardian, or other person in this state having control and charge
of the child shall send the child to a public school during the
entire school year from the age of 6 to the child's eighteenth
birthday. The child's attendance shall be continuous and
consecutive for the school year fixed by the school district in
which the child is enrolled. In a school district that maintains
school during the entire calendar year and in which the school year
is divided into quarters, a child is not required to attend the
public school more than 3 quarters in 1 calendar year, but a child
shall not be absent for 2 or more consecutive quarters.
(2) A child becoming 6 years of age before December 1 shall be
enrolled on the first school day of the school year in which the
child's sixth birthday occurs, and a child becoming 6 years of age
on or after December 1 shall be enrolled on the first school day of
the school year following the school year in which the child's
sixth birthday occurs.
(3) A child is not required to attend a public school in any
of the following cases:
(a)
The Subject to subsection
(4), the child is attending
regularly and is being taught in a state approved nonpublic school
,
which that teaches subjects comparable to those taught in the
public schools to children of corresponding age and grade, as
determined by the course of study for the public schools of the
school district within which the nonpublic school is located.
(b) The child is less than 9 years of age and does not reside
within 2-1/2 miles by the nearest traveled road of a public school.
If transportation is furnished for pupils in the school district of
the child's residence, this subdivision does not apply.
(c) The child is age 12 or 13 and is in attendance at
confirmation classes conducted for a period of 5 months or less.
(d) The child is regularly enrolled in a public school while
in attendance at religious instruction classes for not more than 2
class hours per week, off public school property during public
school hours, upon written request of the parent, guardian, or
person in loco parentis under rules promulgated by the state board.
(e) The child has graduated from high school or has fulfilled
all requirements for high school graduation.
(f)
The Subject to subsection
(4), the child is being educated
at the child's home by his or her parent or legal guardian in an
organized educational program in the subject areas of reading,
spelling, mathematics, science, history, civics, literature,
writing, and English grammar.
(4) For a child being educated at the child's home by his or
her parent or legal guardian, exemption from the requirement to
attend public school may exist under either subsection (3)(a) or
(3)(f), or both. However, this exemption for a child being educated
at home by his or her parent or legal guardian does not exist under
either subsection (3)(a) or (3)(f) unless the parent or legal
guardian complies with section 1578.
(5) For a child who turns age 11 on or after December 1, 2009
or who was age 11 before that date and enters grade 6 in 2009 or
later, this section does not apply to the child if the child is at
least age 16 and the child's parent or legal guardian has provided
to school officials of the school district in which the child
resides a written notice that the child has the permission of the
parent or legal guardian to stop attending school.
Sec.
1578. (1) The At
the beginning of each school year, the
appropriate
authority of each nonpublic school at the beginning of
the
school year and each person who
is educating a child at home
shall furnish the superintendent of schools of the school district
in which the nonpublic school or home school is situated or the
intermediate superintendent:
(a) The name and age of each child who is enrolled at the
school or is being educated at home.
(b) The number or name of the school district and the city or
township and county in which the parent, guardian, or person in
parental relation resides.
(c) The name and address of the parent, guardian, or other
person in parental relation.
(d) The name and age of each child enrolled in the nonpublic
school who is not in regular attendance.
(2) In addition to the requirements of subsection (1), if a
child is being educated at home, the child's parent or legal
guardian shall ensure that all of the following are met:
(a) The child meets in person at least twice a year with a
physician, licensed social worker, physician's assistant,
individual employed in a professional capacity in any office of the
friend of the court, school counselor or teacher, audiologist,
psychologist, law enforcement officer, marriage and family
therapist, member of the clergy, or regulated child care provider.
(b) The parent or legal guardian maintains and makes available
upon request records of the meetings required under subdivision
(a), including signed documentation from the individual meeting
with the child.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.