HOUSE BILL No. 5912

 

March 19, 2008, Introduced by Reps. Clack, Hammon, Constan, Johnson, Hammel, Vagnozzi, Alma Smith, Meadows, LeBlanc, Simpson, Robert Jones, Virgil Smith, Jackson, Leland, Bauer, Kathleen Law, Polidori, Corriveau, Ebli, Sheltrown, Wojno, Farrah, Miller and Dean 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 1996 PA 339.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1561. (1) Except as otherwise provided in this section,

 

every parent, guardian, or other person in this state having

 

control and charge of a child from the age of 6 to the child's

 

sixteenth birthday shall send that child to a public school during

 

the entire school year. 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. 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 child is attending regularly and is being taught in a

 

state approved nonpublic school, which 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 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 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, both of the following apply:

 

     (a) The exemption from the requirement to attend public school

 

may exist under either subsection (3)(a) or (3)(f), or both.

 

     (b) The exemption from the requirement to attend public school

 

exists only if the child's attendance is appropriately reported to

 

public school officials as required under section 1578.

 

     Sec. 1578. (1) The appropriate authority of each nonpublic

 

school at the beginning of the each school year shall furnish all

 

of the following to the superintendent of schools of the school

 

district in which the nonpublic school is situated or the

 

intermediate superintendent:

 

     (a) The name and age of each child who is enrolled at the

 

school.

 

     (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 school who

 


is not in regular attendance.

 

     (2) The parent or legal guardian of a child being educated at

 

the child's home by his or her parent or legal guardian as

 

described in section 1561(3)(f) shall at the beginning of each

 

school year furnish all of the following to the superintendent of

 

schools of the school district in which the child's home is

 

situated or the intermediate superintendent of the intermediate

 

school district in which the child's home is situated:

 

     (a) The name and age of each child who is being educated at

 

the home.

 

     (b) The number or name of the school district and the city or

 

township and county in which the parent or legal guardian resides.

 

     (c) The name and address of the parent or legal guardian.