HB-5977, As Passed Senate, June 8, 2006

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5977

     A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending section 1284b (MCL 380.1284b), as amended by 2005 PA

144.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1284b. (1) Until subsection (2) applies to the school

district, public school academy, or intermediate school district,

the board of a school district or intermediate school district or

board of directors of a public school academy shall ensure that the

district's or public school academy's schools are not in session on

the Friday before Labor day.

     (2) Except as otherwise provided in  subsections (3) and (4)

this section, the board of a school district or intermediate school

district or board of directors of a public school academy shall

ensure that the district's or public school academy's  pupils are

not required to begin a school year does not begin before Labor

day.

     (3) If a collective bargaining agreement that provides a

complete school calendar is in effect for employees of a school

district, public school academy, or intermediate school district as

of the effective date of the amendatory act that added subsection

(2), and if that school calendar is not in compliance with

subsection (2), then subsection (2) does not apply to that school

district, public school academy, or intermediate school district

until after the expiration of that collective bargaining agreement.

     (4) If a school district, intermediate school district, or

public school academy is operating a year-round school or program

as of  the effective date of the amendatory act that added

subsection (2) September 29, 2005 or is operating as of that

effective date a school that is an international baccalaureate

academy that provides 1,160 hours of pupil instruction per school

year, then subsection (2) does not apply to that school or program.

If a school district, intermediate school district, or public

school academy begins operating a year-round school or program

after  the effective date of the amendatory act that added

subsection (2) September 29, 2005, the school district,

intermediate school district, or public school academy may apply to

the superintendent of public instruction for a waiver from the

requirements of subsection (2). Upon application, if the

superintendent of public instruction determines that a school or

program is a bona fide year-round school or program established for

educational reasons, the superintendent of public instruction shall

grant the waiver. The superintendent of public instruction shall

establish standards for determining a bona fide year-round school

or program for the purposes of this subsection.

(5) If an intermediate school district contracts with a

constituent district or public school academy to provide programs

or services for pupils of the constituent district or public school

academy; operates a program or service within a building owned by a

constituent district or a public school academy located within the

intermediate school district's boundaries; or otherwise provides

instructional programs or services for pupils of a constituent

district or public school academy, and if the school district's or

public school academy's school year begins before Labor day under

subsection (3) or (4), then the intermediate school district may

provide programs or services according to the school district's or

public school academy's calendar.

     (6) This section does not apply to a public school that

operates all of grades 6 to 12 at a single site, that aligns its

high school curriculum with advanced placement courses as the

capstone of the curriculum, and that ends its second academic

semester concurrently with the end of the advanced placement

examination period.

     (7) This section does not prohibit a school district,

intermediate school district, or public school academy from

offering or requiring professional development for its personnel

that is conducted before Labor day.

     (8)  (5) As used in this section, "Labor day" means the first

Monday in September.