HOUSE BILL No. 5623

 

December 1, 2009, Introduced by Rep. Melton and referred to the Committee on Education.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending sections 502, 503, 523, 1147, 1246, 1284b, 1311d,

 

1311e, 1536, and 1561 (MCL 380.502, 380.503, 380.523, 380.1147,

 

380.1246, 380.1284b, 380.1311d, 380.1311e, 380.1536, and 380.1561),

 

section 502 as amended by 1995 PA 289, section 503 as amended by

 

2003 PA 299, section 523 as added by 2003 PA 179, section 1246 as

 

amended by 2004 PA 148, section 1284b as amended by 2006 PA 235,

 

sections 1311d and 1311e as added by 1999 PA 23, section 1536 as

 

added by 2006 PA 335, and section 1561 as amended by 1996 PA 339,

 

and by adding sections 1238, 1249, and 1320.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 502. (1) A public school academy shall be organized and

 


administered under the direction of a board of directors in

 

accordance with this part and with bylaws adopted by the board of

 

directors. A public school academy corporation shall be organized

 

under the nonprofit corporation act, Act No. 162 of the Public Acts

 

of 1982, being sections 450.2101 to 450.3192 of the Michigan

 

Compiled Laws, 1982 PA 162, MCL 450.2101 to 450.3192, except that a

 

public school academy corporation is not required to comply with

 

sections 170 to 177 of Act No. 327 of the Public Acts of 1931,

 

being sections 450.170 to 450.177 of the Michigan Compiled Laws

 

1931 PA 327, MCL 450.170 to 450.177. To the extent disqualified

 

under the state or federal constitution, a public school academy

 

shall not be organized by a church or other religious organization

 

and shall not have any organizational or contractual affiliation

 

with or constitute a church or other religious organization.

 

     (2) Any of the following may act as an authorizing body to

 

issue a contract to organize and operate 1 or more public school

 

academies under this part:

 

     (a) The board of a school district that operates grades K to

 

12. However, the board of a school district shall not issue a

 

contract for a public school academy to operate outside the school

 

district's boundaries, and a public school academy authorized by

 

the board of a school district shall not operate outside that

 

school district's boundaries.

 

     (b) An intermediate school board. However, the board of an

 

intermediate school district shall not issue a contract for a

 

public school academy to operate outside the intermediate school

 

district's boundaries, and a public school academy authorized by

 


the board of an intermediate school district shall not operate

 

outside that intermediate school district's boundaries.

 

     (c) The board of a community college. However, except as

 

otherwise provided in this subdivision, the board of a community

 

college shall not issue a contract for a public school academy to

 

operate in a school district organized as a school district of the

 

first class, a public school academy authorized by the board of a

 

community college shall not operate in a school district organized

 

as a school district of the first class, the board of a community

 

college shall not issue a contract for a public school academy to

 

operate outside the boundaries of the community college district,

 

and a public school academy authorized by the board of a community

 

college shall not operate outside the boundaries of the community

 

college district. The board of a community college also may issue a

 

contract for not more than 1 public school academy to operate on

 

the grounds of an active or closed federal military installation

 

located outside the boundaries of the community college district,

 

or may operate a public school academy itself on the grounds of

 

such a federal military installation, if the federal military

 

installation is not located within the boundaries of any community

 

college district and the community college has previously offered

 

courses on the grounds of the federal military installation for at

 

least 10 years.

 

     (d) The governing board of a state public university. However,

 

the combined total number of contracts for public school academies

 

issued by all state public universities shall not exceed 85 through

 

1996, and, after the initial evaluation under section 501a, shall

 


not exceed 100 through 1997, 125 through 1998, or 150 thereafter.

 

Further, the total number of contracts issued by any 1 state public

 

university shall not exceed 50 through 1996, and thereafter shall

 

not exceed 50% of the maximum combined total number that may be

 

issued under this subdivision.

 

     (3) To obtain a contract to organize and operate 1 or more

 

public school academies, 1 or more persons or an entity may apply

 

to an authorizing body described in subsection (2). The application

 

shall include at least all of the following:

 

     (a) Identification of the applicant for the contract.

 

     (b) Subject to the resolution adopted by the authorizing body

 

under section 503(4), a list of the proposed members of the board

 

of directors of the public school academy and a description of the

 

qualifications and method for appointment or election of members of

 

the board of directors.

 

     (c) The proposed articles of incorporation, which shall

 

include at least all of the following:

 

     (i) The name of the proposed public school academy.

 

     (ii) The purposes for the public school academy corporation.

 

This language shall provide that the public school academy is

 

incorporated pursuant to this part and that the public school

 

academy corporation is a governmental entity.

 

     (iii) The name of the authorizing body.

 

     (iv) The proposed time when the articles of incorporation will

 

be effective.

 

     (v) Other matters considered expedient to be in the articles

 

of incorporation.

 


     (d) A copy of the proposed bylaws of the public school

 

academy.

 

     (e) Documentation meeting the application requirements of the

 

authorizing body, including at least all of the following:

 

     (i) The governance structure of the public school academy.

 

     (ii) A copy of the educational goals of the public school

 

academy and the curricula to be offered and methods of pupil

 

assessment to be used by the public school academy. To the extent

 

applicable, the progress of the pupils in the public school academy

 

shall be assessed using at least a Michigan education assessment

 

program (MEAP) test or an assessment instrument developed under

 

section 1279 for a state-endorsed high school diploma the Michigan

 

merit examination developed under section 1279g, as applicable.

 

     (iii) The admission policy and criteria to be maintained by the

 

public school academy. The admission policy and criteria shall

 

comply with section 504. This part of the application also shall

 

include a description of how the applicant will provide to the

 

general public adequate notice that a public school academy is

 

being created and adequate information on the admission policy,

 

criteria, and process.

 

     (iv) The school calendar and school day schedule.

 

     (v) The age or grade range of pupils to be enrolled.

 

     (f) Descriptions of staff responsibilities and of the public

 

school academy's governance structure.

 

     (g) For an application to the board of a school district, an

 

intermediate school board, or board of a community college,

 

identification of the local and intermediate school districts in

 


which the public school academy will be located.

 

     (h) An agreement that the public school academy will comply

 

with the provisions of this part and, subject to the provisions of

 

this part, with all other state law applicable to public bodies and

 

with federal law applicable to public bodies or school districts.

 

     (i) For a public school academy authorized by a school

 

district, an assurance that employees of the public school academy

 

will be covered by the collective bargaining agreements that apply

 

to other employees of the school district employed in similar

 

classifications in schools that are not public school academies.

 

However, if 20% or more of the schools operated by the school

 

district have been determined by the superintendent of public

 

instruction to be among the lowest achieving 5% of all public

 

schools in this state, as defined for the purposes of the federal

 

incentive grant program created under sections 14005 and 14006 of

 

title XIV of the American recovery and reinvestment act of 2009,

 

Public Law 111-5, then this subdivision does not apply to an

 

application for a public school academy to be authorized by that

 

school district.

 

     (j) A description of and address for the proposed physical

 

plant in which the public school academy will be located.

 

     (4) An authorizing body shall oversee, or shall contract with

 

an intermediate school district, community college, or state public

 

university to oversee, each public school academy operating under a

 

contract issued by the authorizing body. The oversight shall be

 

sufficient to ensure that the authorizing body can certify that the

 

public school academy is in compliance with statute, rules, and the

 


terms of the contract.

 

     (5) If the state board finds that an authorizing body is not

 

engaging in appropriate continuing oversight of 1 or more public

 

school academies operating under a contract issued by the

 

authorizing body, the state board may suspend the power of the

 

authorizing body to issue new contracts to organize and operate

 

public school academies. A contract issued by the authorizing body

 

during the suspension is void. A contract issued by the authorizing

 

body before the suspension is not affected by the suspension.

 

     (6) An authorizing body shall not charge a fee, or require

 

reimbursement of expenses, for considering an application for a

 

contract, for issuing a contract, or for providing oversight of a

 

contract for a public school academy in an amount that exceeds a

 

combined total of 3% of the total state school aid received by the

 

public school academy in the school year in which the fees or

 

expenses are charged. An authorizing body may provide other

 

services for a public school academy and charge a fee for those

 

services, but shall not require such an arrangement as a condition

 

to issuing the contract authorizing the public school academy.

 

     (7) A public school academy shall be presumed to be legally

 

organized if it has exercised the franchises and privileges of a

 

public school academy for at least 2 years.

 

     Sec. 503. (1) An authorizing body is not required to issue a

 

contract to any person or entity. Public school academy contracts

 

shall be issued on a competitive basis taking into consideration

 

the resources available for the proposed public school academy, the

 

population to be served by the proposed public school academy, and

 


the educational goals to be achieved by the proposed public school

 

academy.

 

     (2) If a person or entity applies to the board of a school

 

district for a contract to organize and operate 1 or more public

 

school academies within the boundaries of the school district and

 

the board does not issue the contract, the person or entity may

 

petition the board to place the question of issuing the contract on

 

the ballot to be decided by the school electors of the school

 

district. The petition shall contain all of the information

 

required to be in the contract application under section 502 and

 

shall be signed by a number of school electors of the school

 

district equal to at least 15% of the total number of school

 

electors of that school district. The petition shall be filed with

 

the school district filing official. If the board receives a

 

petition meeting the requirements of this subsection, the board

 

shall have the question of issuing the contract placed on the

 

ballot at its next regular school election held at least 60 days

 

after receiving the petition. If a majority of the school electors

 

of the school district voting on the question vote to issue the

 

contract, the board shall issue the contract.

 

     (3) Within 10 days after issuing a contract for a public

 

school academy, the authorizing body shall submit to the

 

superintendent of public instruction a copy of the contract and of

 

the application under section 502.

 

     (4) An authorizing body shall adopt a resolution establishing

 

the method of selection, length of term, and number of members of

 

the board of directors of each public school academy subject to its

 


jurisdiction.

 

     (5) A contract issued to organize and administer a public

 

school academy shall contain at least all of the following:

 

     (a) The educational goals the public school academy is to

 

achieve and the methods by which it will be held accountable. To

 

the extent applicable, the pupil performance of a public school

 

academy shall be assessed using at least a Michigan education

 

assessment program (MEAP) test or an assessment instrument

 

developed under section 1279 the Michigan merit examination

 

developed under section 1279g, as applicable.

 

     (b) A description of the method to be used to monitor the

 

public school academy's compliance with applicable law and its

 

performance in meeting its targeted educational objectives.

 

     (c) A description of the process for amending the contract

 

during the term of the contract.

 

     (d) All of the matters set forth in the application for the

 

contract.

 

     (e) For a public school academy authorized by a school

 

district, an agreement that employees of the public school academy

 

will be covered by the collective bargaining agreements that apply

 

to employees of the school district employed in similar

 

classifications in schools that are not public school academies.

 

However, if 20% or more of the schools operated by the school

 

district have been determined by the superintendent of public

 

instruction to be among the lowest achieving 5% of all public

 

schools in this state, as defined for the purposes of the federal

 

incentive grant program created under sections 14005 and 14006 of

 


title XIV of the American recovery and reinvestment act of 2009,

 

Public Law 111-5, then this subdivision does not apply to a

 

contract issued to a public school academy by that school district.

 

     (f) Procedures for revoking the contract and grounds for

 

revoking the contract, including at least the grounds listed in

 

section 507.

 

     (g) A description of and address for the proposed physical

 

plant in which the public school academy will be located.

 

     (h) Requirements and procedures for financial audits. The

 

financial audits shall be conducted at least annually by a

 

certified public accountant in accordance with generally accepted

 

governmental auditing principles.

 

     (i) The term of the contract and a description of the process

 

and standards for renewal of the contract at the end of the term.

 

The standards for renewal shall include change in student

 

achievement as measured by assessments and other objective criteria

 

as a significant factor in the decision of whether or not to renew

 

the contract.

 

     (6) A public school academy shall comply with all applicable

 

law, including all of the following:

 

     (a) The open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

 

     (b) The freedom of information act, 1976 PA 442, MCL 15.231 to

 

15.246.

 

     (c) 1947 PA 336, MCL 423.201 to 423.217.

 

     (d) 1965 PA 166, MCL 408.551 to 408.558.

 

     (e) Sections 1134, 1135, 1146, 1153, 1263(3), 1267, and 1274.

 

     (7) A public school academy and its incorporators, board

 


members, officers, employees, and volunteers have governmental

 

immunity as provided in section 7 of 1964 PA 170, MCL 691.1407. An

 

authorizing body and its board members, officers, and employees are

 

immune from civil liability, both personally and professionally,

 

for an act or omission in authorizing a public school academy if

 

the authorizing body or the person acted or reasonably believed he

 

or she acted within the authorizing body's or the person's scope of

 

authority.

 

     (8) A public school academy is exempt from all taxation on its

 

earnings and property. Instruments of conveyance to or from a

 

public school academy are exempt from all taxation including taxes

 

imposed by 1966 PA 134, MCL 207.501 to 207.513. A public school

 

academy may not levy ad valorem property taxes or another tax for

 

any purpose. However, operation of 1 or more public school

 

academies by a school district or intermediate school district does

 

not affect the ability of the school district or intermediate

 

school district to levy ad valorem property taxes or another tax.

 

     (9) A public school academy may acquire by purchase, gift,

 

devise, lease, sublease, installment purchase agreement, land

 

contract, option, or by any other means, hold and own in its own

 

name buildings and other property for school purposes, and

 

interests therein, and other real and personal property, including,

 

but not limited to, interests in property subject to mortgages,

 

security interests, or other liens, necessary or convenient to

 

fulfill its purposes. For the purposes of condemnation, a public

 

school academy may proceed under the uniform condemnation

 

procedures act, 1980 PA 87, MCL 213.51 to 213.75, excluding

 


sections 6 to 9 of that act, MCL 213.56 to 213.59, or other

 

applicable statutes, but only with the express, written permission

 

of the authorizing body in each instance of condemnation and only

 

after just compensation has been determined and paid.

 

     Sec. 523. (1) An authorizing body is not required to issue a

 

contract to any entity. Urban high school academy contracts shall

 

be issued on a competitive basis taking into consideration the

 

resources available for the proposed urban high school academy, the

 

population to be served by the proposed urban high school academy,

 

and the educational goals to be achieved by the proposed urban high

 

school academy. In evaluating if an applicant is qualified, the

 

authorizing body shall examine the proposed performance standards,

 

proposed academic program, financial viability of the applicant,

 

and the ability of the proposed board of directors to meet the

 

contract goals and objectives. An authorizing body shall give

 

priority to applicants that demonstrate all of the following:

 

     (a) The proposed school will operate at least all of grades 9

 

through 12 within 3 years after beginning operation.

 

     (b) The proposed school will occupy a building or buildings

 

that are newly constructed or renovated after January 1, 2003.

 

     (c) The proposed school has a stated goal of increasing high

 

school graduation rates.

 

     (d) The proposed school has received commitments for financial

 

and educational support from the entity applying for the contract.

 

     (e) The entity that submits the application for a contract has

 

net assets of at least $50,000,000.00.

 

     (2) A contract issued to organize and administer an urban high

 


school academy shall contain at least all of the following:

 

     (a) The educational goals the urban high school academy is to

 

achieve and the methods by which it will be held accountable. To

 

the extent applicable, the pupil performance of an urban high

 

school academy shall be assessed using at least a Michigan

 

education assessment program (MEAP) test or an assessment

 

instrument developed under section 1279 the Michigan merit

 

examination developed under section 1279g, as applicable.

 

     (b) A description of the method to be used to monitor the

 

urban high school academy's compliance with applicable law and its

 

performance in meeting its targeted educational objectives.

 

     (c) A description of the process for amending the contract

 

during the term of the contract. An authorizing body may approve

 

amendment of the contract with respect to any provision contained

 

in the contract.

 

     (d) A certification, signed by an authorized member of the

 

urban high school academy board of directors, that the urban high

 

school academy will comply with the contract and all applicable

 

law.

 

     (e) Procedures for revoking the contract and grounds for

 

revoking the contract.

 

     (f) A description of and address for the proposed building or

 

buildings in which the urban high school academy will be located.

 

     (g) Requirements and procedures for financial audits. The

 

financial audits shall be conducted at least annually by an

 

independent certified public accountant in accordance with

 

generally accepted governmental auditing principles.

 


     (h) A requirement that the board of directors shall ensure

 

compliance with the requirements of 1968 PA 317, MCL 15.321 to

 

15.330.

 

     (i) A requirement that the board of directors shall prohibit

 

specifically identified family relationships between members of the

 

board of directors, individuals who have an ownership interest in

 

or who are officers or employees of an educational management

 

company involved in the operation of the urban high school academy,

 

and employees of the urban high school academy. The contract shall

 

identify the specific prohibited relationships consistent with

 

applicable law.

 

     (j) A requirement that the board of directors of the urban

 

high school academy shall make information concerning its operation

 

and management available to the public and to the authorizing body

 

in the same manner as is required by state law for school

 

districts.

 

     (k) A requirement that the board of directors of the urban

 

high school academy shall collect, maintain, and make available to

 

the public and the authorizing body, in accordance with applicable

 

law and the contract, at least all of the following information

 

concerning the operation and management of the urban high school

 

academy:

 

     (i) A copy of the contract issued by the authorizing body for

 

the urban high school academy.

 

     (ii) A list of currently serving members of the board of

 

directors of the urban high school academy, including name,

 

address, and term of office; copies of policies approved by the

 


board of directors; board meeting agendas and minutes; copy of the

 

budget approved by the board of directors and of any amendments to

 

the budget; and copies of bills paid for amounts of $10,000.00 or

 

more as they were submitted to the board of directors.

 

     (iii) Quarterly financial reports submitted to the authorizing

 

body.

 

     (iv) A current list of teachers working at the urban high

 

school academy that includes their individual salaries; copies of

 

the teaching certificates or permits of current teaching staff; and

 

evidence of compliance with the criminal background and records

 

checks and unprofessional conduct check required under sections

 

1230, 1230a, and 1230b for all teachers and administrators working

 

at the urban high school academy.

 

     (v) Curriculum documents and materials given to the

 

authorizing body.

 

     (vi) Proof of insurance as required by the contract.

 

     (vii) Copies of facility leases or deeds, or both, and of any

 

equipment leases.

 

     (viii) Copies of any management contracts or services contracts

 

approved by the board of directors.

 

     (ix) All health and safety reports and certificates, including

 

those relating to fire safety, environmental matters, asbestos

 

inspection, boiler inspection, and food service.

 

     (x) Any management letters issued as part of the annual

 

financial audit under subdivision (g).

 

     (xi) Any other information specifically required under this

 

act.

 


     (l) A requirement that the authorizing body must review and may

 

disapprove any agreement between the board of directors and an

 

educational management company before the agreement is final and

 

valid. An authorizing body may disapprove an agreement described in

 

this subdivision only if the agreement is contrary to the contract

 

or applicable law.

 

     (m) A requirement that the board of directors shall

 

demonstrate all of the following to the satisfaction of the

 

authorizing body with regard to its pupil admission process:

 

     (i) That the urban high school academy has made a reasonable

 

effort to advertise its enrollment openings in a newspaper of

 

general circulation in the intermediate school district in which

 

the urban high school academy is located.

 

     (ii) That the urban high school academy has made the following

 

additional efforts to recruit pupils who are eligible for special

 

education programs and services to apply for admission:

 

     (A) Reasonable efforts to advertise all enrollment openings to

 

organizations and media that regularly serve and advocate for

 

individuals with disabilities within the boundaries of the

 

intermediate school district in which the urban high school academy

 

is located.

 

     (B) Inclusion in all pupil recruitment materials of a

 

statement that appropriate special education services will be made

 

available to pupils attending the school as required by law.

 

     (iii) That the open enrollment period for the urban high school

 

academy is for a duration of at least 2 weeks and that the

 

enrollment times include some evening and weekend times.

 


     (n) A requirement that the board of directors shall prohibit

 

any individual from being employed by the urban high school academy

 

in more than 1 full-time position and simultaneously being

 

compensated at a full-time rate for each of those positions.

 

     (o) A requirement that, if requested, the board of directors

 

shall report to the authorizing body the total compensation for

 

each individual working at the urban high school academy.

 

     (p) The term of the contract and a description of the process

 

and standards for renewal of the contract at the end of the term.

 

The standards for renewal shall include change in student

 

achievement as measured by assessments and other objective criteria

 

as a significant factor in the decision of whether or not to renew

 

the contract.

 

     (3) An urban high school academy shall comply with all

 

applicable law, including all of the following:

 

     (a) The open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

 

     (b) The freedom of information act, 1976 PA 442, MCL 15.231 to

 

15.246.

 

     (c) 1947 PA 336, MCL 423.201 to 423.217.

 

     (d) 1965 PA 166, MCL 408.551 to 408.558.

 

     (e) 1978 PA 566, MCL 15.181 to 15.185.

 

     (f) 1968 PA 317, MCL 15.321 to 15.330.

 

     (g) The uniform budgeting and accounting act, 1968 PA 2, MCL

 

141.421 to 141.440a.

 

     (h) The revised municipal finance act, 2001 PA 34, MCL

 

141.2101 to 141.2821.

 

     (i) The federal no child left behind act of 2001, Public Law

 


107-110, 115 Stat. 1425.

 

     (j) Sections 1134, 1135, 1146, 1153, 1263(3), 1267, 1274, and

 

1280.

 

     (4) An urban high school academy and its incorporators, board

 

members, officers, employees, and volunteers have governmental

 

immunity as provided in section 7 of 1964 PA 170, MCL 691.1407. An

 

authorizing body and its board members, officers, and employees are

 

immune from civil liability, both personally and professionally,

 

for any acts or omissions in authorizing or oversight of an urban

 

high school academy if the authorizing body or the person acted or

 

reasonably believed he or she acted within the authorizing body's

 

or the person's scope of authority.

 

     (5) An urban high school academy is exempt from all taxation

 

on its earnings and property. Instruments of conveyance to or from

 

an urban high school academy are exempt from all taxation,

 

including taxes imposed by 1966 PA 134, MCL 207.501 to 207.513. An

 

urban high school academy may not levy ad valorem property taxes or

 

any other tax for any purpose.

 

     (6) An urban high school academy may acquire by purchase,

 

gift, devise, lease, sublease, installment purchase agreement, land

 

contract, option, or any other means, hold, and own in its own name

 

buildings and other property for school purposes, and interests

 

therein, and other real and personal property, including, but not

 

limited to, interests in property subject to mortgages, security

 

interests, or other liens, necessary or convenient to fulfill its

 

purposes. For the purposes of condemnation, an urban high school

 

academy may proceed under the uniform condemnation procedures act,

 


1980 PA 87, MCL 213.51 to 213.75, excluding sections 6 to 9 of that

 

act, MCL 213.56 to 213.59, or other applicable statutes, but only

 

with the express, written permission of the authorizing body in

 

each instance of condemnation and only after just compensation has

 

been determined and paid.

 

     Sec. 1147. (1) A person , resident of who resides in a school

 

district not maintaining a kindergarten and at least 5 years of age

 

on the first day of enrollment of the school year, shall have has a

 

right to attend school in the school district . if the person meets

 

either of the following:

 

     (a) Is at least 5 years of age on December 1 and less than 20

 

years of age on September 1 of the school year.

 

     (b) If the person is a special education pupil who is enrolled

 

and receiving instruction in a special education program or service

 

approved by the department, is less than 26 years of age on

 

September 1 of the school year.

 

     (2) In a school district where provision is made for

 

kindergarten work, a child, resident of the district, A school

 

district, or a public school academy that provides grade 1, shall

 

provide kindergarten. A child who resides in the school district is

 

entitled to enroll in the kindergarten if the child is at least 5

 

years of age on December 1 of the school year of enrollment. In a

 

school district which has semiannual promotions, a child, resident

 

of the district, is entitled to enroll in kindergarten for the

 

second semester if the child is at least 5 years of age on March 1

 

of the year of enrollment.

 

     (3) Beginning with the 2012-2013 school year, the length of

 


the school day for a school district's or public school academy's

 

kindergarten program shall be the same as for other elementary

 

school grades operated by the school district or public school

 

academy. However, this subsection applies only to an elementary

 

school that has not met adequate yearly progress under the no child

 

left behind act of 2001, Public Law 107-110, as determined by the

 

department, for the immediately preceding 2 school years.

 

     Sec. 1238. (1) The board of a school district or intermediate

 

school district or board of directors of a public school academy

 

shall ensure that all teachers working in its schools and

 

instructional programs have adequate access to basic instructional

 

supplies.

 

     (2) If a teacher does not have adequate access to basic

 

instructional supplies, he or she may file a claim with the

 

department asserting the failure of the school district,

 

intermediate school district, or public school academy to provide

 

adequate access to basic instructional supplies. To facilitate the

 

filing of claims, the department shall establish and publicize both

 

a telephone line and an online system for filing a claim. If the

 

department receives a claim under this subsection, the department

 

may conduct an audit of the school district and the school in which

 

the teacher is employed to determine whether and why the teacher

 

does not have adequate access to basic instructional supplies and

 

may order a school district, intermediate school district, or

 

public school academy to take appropriate corrective action. If

 

this state receives funds from the federal incentive grant program

 

created under sections 14005 and 14006 of title XIV of the American

 


recovery and reinvestment act of 2009, Public Law 111-5, known as

 

the "race to the top" grant program, and money from those funds is

 

appropriated to the department for this purpose, the department

 

shall procure and make available to teachers who file claims under

 

this subsection an interim amount of basic instructional supplies

 

for use in classrooms in which the department finds a shortage.

 

     (3) The board of a school district or intermediate school

 

district or board of directors of a public school academy shall

 

ensure that a teacher who files a claim with the department under

 

subsection (2) is not subject to any adverse treatment for filing

 

the claim.

 

     Sec. 1246. (1) A Except as provided in subsection (2) and

 

section 1536, a school district, public school academy, or

 

intermediate school district shall not employ or continue to employ

 

a person as a superintendent, principal, assistant principal, or

 

other person whose primary responsibility is administering

 

instructional programs or as a chief business official unless the

 

person has completed the continuing education requirements

 

prescribed by rule under subsection (2) possesses a valid Michigan

 

school administrator's certificate issued under section 1536.

 

     (2) The superintendent of public instruction shall promulgate

 

rules establishing continuing education requirements as a condition

 

for continued employment for persons employed in positions

 

described in subsection (1). The rules shall prescribe a minimum

 

amount of continuing education that shall be completed within 5

 

years after initial employment and shall be completed each

 

subsequent 5-year period to meet the requirements of subsection (1)

 


for continued employment. A school district, public school academy,

 

or intermediate school district may employ as a superintendent,

 

principal, assistant principal, or other person whose primary

 

responsibility is administering instructional programs or as a

 

chief business official a person who is enrolled in a program

 

leading to certification as a school administrator in this state

 

not later than 6 months after the effective date of the amendatory

 

act that added this sentence or 6 months after he or she begins the

 

employment, whichever is later. A person employed as a school

 

administrator pursuant to this subsection has 3 years to meet the

 

certification requirements of section 1536, or the school district,

 

public school academy, or intermediate school district shall not

 

continue to employ the person as a school administrator.

 

     Sec. 1249. The board of a school district or intermediate

 

school district or board of directors of a public school academy

 

shall adopt and implement for all teachers and school

 

administrators a rigorous, transparent, and fair performance

 

evaluation system that does all of the following:

 

     (a) Evaluates the teacher's or school administrator's job

 

performance at least annually.

 

     (b) Evaluates a teacher's or school administrator's job

 

performance at least in part based upon data on change in student

 

achievement as measured by assessments and other objective

 

criteria.

 

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

 

district, public school academy, or intermediate school district,

 

the 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 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 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 September 29, 2005 or is operating as of that 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 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.

 

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

 

Monday in September.

 

     Sec. 1311d. (1) A strict discipline academy shall be organized

 

and administered under the direction of a board of directors in

 

accordance with sections 1311b to 1311l and with bylaws adopted by

 

the board of directors. A strict discipline academy corporation

 

created to operate a strict discipline academy shall be organized

 

under the nonprofit corporation act, 1982 PA 162, MCL 450.2101 to

 

450.3192, except that the strict discipline academy corporation is

 

not required to comply with sections 170 to 177 of 1931 PA 327, MCL

 

450.170 to 450.177. To the extent disqualified under the state or

 

federal constitution, a strict discipline academy shall not be

 

organized by a church or other religious organization and shall not

 

have any organizational or contractual affiliation with or

 

constitute a church or other religious organization.

 

     (2) Any of the following may act as an authorizing body to

 

issue a contract to organize and operate 1 or more strict

 

discipline academies under sections 1311b to 1311l:

 

     (a) The board of a school district that operates grades K to

 

12. However, the board of a school district shall not issue a

 

contract for a strict discipline academy to operate outside the

 

school district's boundaries, and a strict discipline academy

 

authorized by the board of a school district shall not operate

 

outside that school district's boundaries.

 

     (b) An intermediate school board. However, the board of an

 

intermediate school district shall not issue a contract for a

 


strict discipline academy to operate outside the intermediate

 

school district's boundaries, and a strict discipline academy

 

authorized by the board of an intermediate school district shall

 

not operate outside that intermediate school district's boundaries.

 

     (c) The board of a community college. However, except as

 

otherwise provided in this subdivision, the board of a community

 

college shall not issue a contract for a strict discipline academy

 

to operate in a school district organized as a school district of

 

the first class, a strict discipline academy authorized by the

 

board of a community college shall not operate in a school district

 

organized as a school district of the first class, the board of a

 

community college shall not issue a contract for a strict

 

discipline academy to operate outside the boundaries of the

 

community college district, and a strict discipline academy

 

authorized by the board of a community college shall not operate

 

outside the boundaries of the community college district. The board

 

of a community college also may issue a contract for not more than

 

1 strict discipline academy to operate on the grounds of an active

 

or closed federal military installation located outside the

 

boundaries of the community college district, or may operate a

 

strict discipline academy itself on the grounds of such a federal

 

military installation, if the federal military installation is not

 

located within the boundaries of any community college district and

 

the community college has previously offered courses on the grounds

 

of the federal military installation for at least 10 years.

 

     (d) The governing board of a state public university.

 

     (3) To obtain a contract to organize and operate 1 or more

 


strict discipline academies, 1 or more persons or an entity may

 

apply to an authorizing body described in subsection (2). The

 

application shall include at least all of the following:

 

     (a) Identification of the applicant for the contract.

 

     (b) Subject to the resolution adopted by the authorizing body

 

under section 1311e, a list of the proposed members of the board of

 

directors of the strict discipline academy and a description of the

 

qualifications and method for appointment or election of members of

 

the board of directors.

 

     (c) The proposed articles of incorporation, which shall

 

include at least all of the following:

 

     (i) The name of the proposed strict discipline academy.

 

     (ii) The purposes for the strict discipline academy corporation

 

that will operate the strict discipline academy. This language

 

shall provide that the strict discipline academy is established

 

pursuant to sections 1311b to 1311l and that the strict discipline

 

academy corporation is a governmental entity.

 

     (iii) The name of the authorizing body.

 

     (iv) The proposed time when the articles of incorporation will

 

be effective.

 

     (v) Other matters considered expedient to be in the articles

 

of incorporation.

 

     (d) A copy of the proposed bylaws of the strict discipline

 

academy.

 

     (e) Documentation meeting the application requirements of the

 

authorizing body, including at least all of the following:

 

     (i) The governance structure of the strict discipline academy.

 


     (ii) A copy of the educational goals of the strict discipline

 

academy and the curricula to be offered and methods of pupil

 

assessment to be used by the strict discipline academy. To the

 

extent applicable, the progress of the pupils in the strict

 

discipline academy shall be assessed using at least a Michigan

 

education assessment program (MEAP) test or an assessment

 

instrument developed under section 1279 for a state-endorsed high

 

school diploma the Michigan merit examination developed under

 

section 1279g, as applicable.

 

     (iii) The admission policy and criteria to be maintained by the

 

strict discipline academy. The admission policy and criteria shall

 

comply with section 1311g. This part of the application also shall

 

include a description of how the applicant will provide to the

 

general public adequate notice that a strict discipline academy is

 

being created and adequate information on the admission policy,

 

criteria, and process.

 

     (iv) The school calendar and school day schedule.

 

     (v) The age or grade range of pupils to be enrolled.

 

     (vi) The type of pupils to be enrolled in the strict discipline

 

academy, as described in section 1311g(3) and (4).

 

     (f) Descriptions of staff responsibilities and of the strict

 

discipline academy's governance structure.

 

     (g) For an application to the board of a school district, an

 

intermediate school board, or board of a community college,

 

identification of the local and intermediate school districts in

 

which the strict discipline academy will be located.

 

     (h) An agreement that the strict discipline academy will

 


comply with the provisions of sections 1311b to 1311l and, subject

 

to the provisions of these sections, with all other state law

 

applicable to public bodies and with federal law applicable to

 

public bodies or school districts.

 

     (i) For a strict discipline academy authorized by a school

 

district, an assurance that employees of the strict discipline

 

academy will be covered by the collective bargaining agreements

 

that apply to other employees of the school district employed in

 

similar classifications in schools that are not strict discipline

 

academies. However, if 20% or more of the schools operated by the

 

school district have been determined by the superintendent of

 

public instruction to be among the lowest achieving 5% of all

 

public schools in this state, as defined for the purposes of the

 

federal incentive grant program created under sections 14005 and

 

14006 of title XIV of the American recovery and reinvestment act of

 

2009, Public Law 111-5, then this subdivision does not apply to an

 

application for a strict discipline academy to be authorized by

 

that school district.

 

     (j) A description of and address for the proposed physical

 

plant in which the strict discipline academy will be located.

 

     (4) An authorizing body shall oversee, or shall contract with

 

an intermediate school district, community college, or state public

 

university to oversee, each strict discipline academy operating

 

under a contract issued by the authorizing body. The oversight

 

shall be sufficient to ensure that the authorizing body can certify

 

that the strict discipline academy is in compliance with statute,

 

rules, and the terms of the contract.

 


     (5) If the state board finds that an authorizing body is not

 

engaging in appropriate continuing oversight of 1 or more strict

 

discipline academies operating under a contract issued by the

 

authorizing body, the state board may suspend the power of the

 

authorizing body to issue new contracts to organize and operate

 

strict discipline academies. A contract issued by the authorizing

 

body during the suspension is void. A contract issued by the

 

authorizing body before the suspension is not affected by the

 

suspension.

 

     (6) An authorizing body shall not charge a fee, or require

 

reimbursement of expenses, for considering an application for a

 

contract, for issuing a contract, or for providing oversight of a

 

contract for a strict discipline academy in an amount that exceeds

 

a combined total of 3% of the total state school aid received by

 

the strict discipline academy in the school year in which the fees

 

or expenses are charged. An authorizing body may provide other

 

services for a strict discipline academy and charge a fee for those

 

services, but shall not require such an arrangement as a condition

 

to issuing the contract authorizing the strict discipline academy.

 

     (7) A strict discipline academy shall be presumed to be

 

legally organized if it has exercised the franchises and privileges

 

of a strict discipline academy for at least 2 years.

 

     Sec. 1311e. (1) An authorizing body is not required to issue a

 

contract to any person or entity. Contracts for strict discipline

 

academies shall be issued on a competitive basis taking into

 

consideration the resources available for the proposed strict

 

discipline academy, the population to be served by the proposed

 


strict discipline academy, and the educational goals to be achieved

 

by the proposed strict discipline academy.

 

     (2) If a person or entity applies to the board of a school

 

district for a contract to organize and operate 1 or more strict

 

discipline academies within the boundaries of the school district

 

and the board does not issue the contract, the person or entity may

 

petition the board to place the question of issuing the contract on

 

the ballot to be decided by the school electors of the school

 

district. The petition shall contain all of the information

 

required to be in the contract application under section 1311d and

 

shall be signed by a number of school electors of the school

 

district equal to at least 15% of the total number of school

 

electors of that school district. The petition shall be filed with

 

the secretary of the board. If the board receives a petition

 

meeting the requirements of this subsection, the board shall place

 

the question of issuing the contract on the ballot at its next

 

annual school election held at least 60 days after receiving the

 

petition. If a majority of the school electors of the school

 

district voting on the question vote to issue the contract, the

 

board shall issue the contract.

 

     (3) Within 10 days after issuing a contract for a strict

 

discipline academy, the board of the authorizing body shall submit

 

to the state board a copy of the contract and of the application

 

under section 1311d.

 

     (4) An authorizing body shall adopt a resolution establishing

 

the method of selection, length of term, and number of members of

 

the board of directors of each strict discipline academy subject to

 


its jurisdiction.

 

     (5) A contract issued to organize and administer a strict

 

discipline academy shall contain at least all of the following:

 

     (a) The educational goals the strict discipline academy is to

 

achieve and the methods by which it will be held accountable. To

 

the extent applicable, the pupil performance of a strict discipline

 

academy shall be assessed using at least a Michigan education

 

assessment program (MEAP) test or an assessment instrument

 

developed under section 1279 for a state-endorsed high school

 

diploma the Michigan merit examination developed under section

 

1279g, as applicable.

 

     (b) A description of the method to be used to monitor the

 

strict discipline academy's compliance with applicable law and its

 

performance in meeting its targeted educational objectives.

 

     (c) A description of the process for amending the contract

 

during the term of the contract.

 

     (d) All of the matters set forth in the application for the

 

contract.

 

     (e) For a strict discipline academy authorized by a school

 

district, an agreement that employees of the strict discipline

 

academy will be covered by the collective bargaining agreements

 

that apply to employees of the school district employed in similar

 

classifications in schools that are not strict discipline

 

academies. However, if 20% or more of the schools operated by the

 

school district have been determined by the superintendent of

 

public instruction to be among the lowest achieving 5% of all

 

public schools in this state, as defined for the purposes of the

 


federal incentive grant program created under sections 14005 and

 

14006 of title XIV of the American recovery and reinvestment act of

 

2009, Public Law 111-5, then this subdivision does not apply to a

 

contract issued to a strict discipline academy by that school

 

district.

 

     (f) Procedures for revoking the contract and grounds for

 

revoking the contract, including at least the grounds listed in

 

section 1311l.

 

     (g) A description of and address for the proposed physical

 

plant in which the strict discipline academy will be located.

 

     (h) Requirements and procedures for financial audits. The

 

financial audits shall be conducted at least annually by a

 

certified public accountant in accordance with generally accepted

 

governmental auditing principles.

 

     (i) The term of the contract and a description of the process

 

and standards for renewal of the contract at the end of the term.

 

The standards for renewal shall include change in student

 

achievement as measured by assessments and other objective criteria

 

as a significant factor in the decision of whether or not to renew

 

the contract.

 

     (6) A strict discipline academy shall comply with all

 

applicable law, including all of the following:

 

     (a) The open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

 

     (b) The freedom of information act, 1976 PA 442, MCL 15.231 to

 

15.246.

 

     (c) 1947 PA 336, MCL 423.201 to 423.217.

 

     (d) 1965 PA 166, MCL 408.551 to 408.558.

 


     (e) Sections 1134, 1135, 1146, 1153, 1263(3), 1267, and 1274.

 

     (f) Except for part 6a, all provisions of this act that

 

explicitly apply to public school academies established under part

 

6a.

 

     (7) A strict discipline academy and its incorporators, board

 

members, officers, employees, and volunteers have governmental

 

immunity as provided in section 7 of 1964 PA 170, MCL 691.1407. An

 

authorizing body and its board members, officers, and employees are

 

immune from civil liability, both personally and professionally,

 

for any acts or omissions in authorizing a strict discipline

 

academy if the authorizing body or the person acted or reasonably

 

believed he or she acted within the authorizing body's or the

 

person's scope of authority.

 

     (8) A strict discipline academy is exempt from all taxation on

 

its earnings and property. Instruments of conveyance to or from a

 

strict discipline academy are exempt from all taxation including

 

taxes imposed by 1966 PA 134, MCL 207.501 to 207.513. A strict

 

discipline academy may not levy ad valorem property taxes or any

 

other tax for any purpose. However, operation of 1 or more strict

 

discipline academies by a school district or intermediate school

 

district does not affect the ability of the school district or

 

intermediate school district to levy ad valorem property taxes or

 

any other tax.

 

     (9) A strict discipline academy may acquire by purchase, gift,

 

devise, lease, sublease, installment purchase agreement, land

 

contract, option, or by any other means, hold and own in its own

 

name buildings and other property for school purposes, and

 


interests therein, and other real and personal property, including,

 

but not limited to, interests in property subject to mortgages,

 

security interests, or other liens, necessary or convenient to

 

fulfill its purposes. For the purposes of condemnation, a strict

 

discipline academy may proceed under the uniform condemnation

 

procedures act, 1980 PA 87, MCL 213.51 to 213.75, excluding

 

sections 6 to 9 of that act, MCL 213.56 to 213.59, or other

 

applicable statutes, but only with the express, written permission

 

of the authorizing body in each instance of condemnation and only

 

after just compensation has been determined and paid.

 

     Sec. 1320. (1) Beginning with contracts described in this

 

section that are entered into after the effective date of this

 

section, if the governing board of a public school enters into a

 

contract with an educational management company to carry out the

 

operations of a public school under this act, the governing board

 

shall ensure all of the following:

 

     (a) That the governing board has conducted sufficient due

 

diligence to conclude that the educational management company has

 

sufficient educational expertise and management experience to

 

provide the agreed services. This due diligence shall include, but

 

is not limited to, full consideration by the governing board of

 

student achievement data for other schools managed by an

 

educational management company being considered, including change

 

in student achievement as measured by assessments and other

 

objective criteria.

 

     (b) That the governing board will obtain independent legal

 

counsel in all negotiations with the educational management

 


company.

 

     (c) If the governing board is the board of directors of a

 

public school academy, that, pursuant to the contract between the

 

board of directors and the educational management company, the

 

educational management company will provide to the board of

 

directors all financial and other information required to comply

 

with the requirements concerning reporting that are contained in

 

the contract between the board of directors and its authorizing

 

body.

 

     (2) Beginning with contracts described in this section that

 

are entered into after the effective date of this section, if the

 

governing board of a public school enters into a contract with an

 

educational management company to carry out the operations of a

 

public school under this act, the contract between the governing

 

board and the educational management company shall contain at least

 

all of the following provisions:

 

     (a) A provision requiring the educational management company

 

to provide to the governing board information regarding any

 

teachers, administrators, and support staff employed by the

 

educational management company and assigned to work at the public

 

school, including at least all of the following personal

 

information:

 

     (i) Name.

 

     (ii) Education, including highest degree attained.

 

     (iii) Salary.

 

     (iv) Copy of teaching certificate or other required permit or

 

credential, if required for the position.

 


     (v) Description of relevant experience.

 

     (vi) Employment record.

 

     (b) A provision requiring the educational management company

 

to provide to the governing board information regarding the

 

business operations of the public school, including at least all of

 

the following:

 

     (i) Financial records and information concerning the operation

 

of the school, including, but not limited to, budgets and detailed

 

records of funds received from this state and other entities,

 

expenditure of those funds, investment of those funds, carryover,

 

and contractual arrangements or agreements entered into by the

 

educational management company as an agent of the governing board.

 

     (ii) Financial records and information concerning leases to

 

which the governing board is a party, including, but not limited

 

to, leases for equipment, physical facility space, or institutional

 

and educational materials.

 

     (iii) Financial records and information concerning mortgages and

 

loans to which the governing board is a party.

 

     (c) If the governing board is the board of directors of a

 

public school academy, a provision requiring the educational

 

management company to make information available to the board of

 

directors concerning the operation and management of the public

 

school academy, including at least all of the information necessary

 

to comply with the requirements concerning reporting that are

 

contained in the contract between the board of directors and its

 

authorizing body.

 

     (3) This section does not apply to a contract to furnish

 


substitute teachers entered into under section 1236a.

 

     (4) As used in this section:

 

     (a) "Educational management company" means an entity that

 

enters into an agreement with the governing board of a public

 

school to provide comprehensive educational, administrative,

 

management, or instructional services or staff to the public

 

school.

 

     (b) "Entity" means a partnership, nonprofit or business

 

corporation, labor organization, or any other association,

 

corporation, trust, or other legal entity.

 

     Sec. 1536. (1) The state board superintendent of public

 

instruction shall develop a school administrator's certificate that

 

may shall be issued to all school district and intermediate school

 

district superintendents, school principals, assistant principals,

 

and other administrators whose primary responsibility is

 

administering instructional programs and who meet the requirements

 

established under subsection (3), and to school district and

 

intermediate school district chief business officials who meet the

 

requirements established under subsection (3). An individual is not

 

required by this section to have a school administrator's

 

certificate under this section or an endorsement under subsection

 

(2) to be employed as a school administrator by a school district,

 

public school academy, intermediate school district, or nonpublic

 

school.

 

     (2) The state board superintendent of public instruction also

 

may shall develop appropriate certificate endorsements for school

 

administrators, by elementary, secondary, and central office level.

 


     (3) The state board shall develop standards, and the

 

superintendent of public instruction shall develop procedures, to

 

implement this section. The standards and procedures shall address

 

at least all of the following:

 

     (a) The educational and professional experience requirements

 

for a certificate or endorsement under this section.

 

     (b) Continuing education requirements for periodic

 

recertification. These requirements shall be consistent with the

 

continuing education requirements under section 1246.

 

     (c) Procedures for application for and issuance of

 

certificates and endorsements under this section.

 

     (d) Standards and procedures for suspension and revocation of

 

a certificate. These standards and procedures shall be based on the

 

standards and procedures for taking action against a person's

 

teaching certificate under section 1535a.

 

     (4) The department shall consult and work with appropriate

 

professional organizations, primarily including organizations

 

representing superintendents and building-level administrators, in

 

developing the standards required under this section.

 

     (5) For the purposes of adding 1 or more enhancement or

 

specialty endorsements for a school administrator's certificate,

 

the department may recognize performance-based professional

 

learning programs offered by established state professional

 

organizations that represent or develop school administrators

 

described in subsection (1). These programs must be approved by the

 

department based on alignment with state board-approved school

 

administrator program preparation standards.

 


     (6) As used in this section, "established state professional

 

organization" means an association that has served members on a

 

statewide basis for at least 10 years.

 

     (6) A school administrator's certificate issued under this

 

section is valid for 5 years and shall be renewed upon completion

 

of renewal units as determined by the superintendent of public

 

instruction.

 

     (7) The superintendent of public instruction shall promulgate

 

rules he or she considers necessary to implement this section.

 

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

 

every for a child who turned age 14 before December 1, 2007 or who

 

entered grade 9 before 2008, the child's parent, guardian, or other

 

person in this state having control and charge of a the 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 from the age

 

prescribed in subsection (2) to the child's sixteenth birthday.

 

Except as otherwise provided in this section, for a child who turns

 

age 14 on or after December 1, 2007 or a child who was age 14

 

before that date and enters grade 9 in 2008 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 prescribed in subsection (2) 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 shall attend school as follows:

 

     (a) For the 2010-2011 school year, a child becoming 6 5 years

 

of age on or before December November 1 shall be enrolled on the

 

first school day of the school year in which the child's sixth

 

fifth birthday occurs, . A and a child becoming 6 5 years of age on

 

or after December November 1 shall be enrolled on the first school

 

day of the school year following the school year in which the

 

child's sixth fifth birthday occurs.

 

     (b) For the 2011-2012 school year, a child becoming 5 years of

 

age on or before October 1 shall be enrolled on the first school

 

day of the school year in which the child's fifth birthday occurs,

 

and a child becoming 5 years of age after October 1 shall be

 

enrolled on the first school day of the school year following the

 

school year in which the child's fifth birthday occurs.

 

     (c) Beginning with the 2012-2013 school year, a child becoming

 

5 years of age on or before September 1 shall be enrolled on the

 

first school day of the school year in which the child's fifth

 

birthday occurs, and a child becoming 5 years of age after

 

September 1 shall be enrolled on the first school day of the school

 

year following the school year in which the child's fifth 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.

 

     (g) The child is younger than age 6 on December 1 of the

 

school year and the child's parent or legal guardian has submitted

 

to the school district in which the child resides a waiver form

 

signed by the parent or legal guardian. The department shall

 

develop and make available to school districts a waiver form that

 

may be used for the purposes of this subdivision.

 


     (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.

 

     (5) For a child who turns age 14 on or after December 1, 2007

 

or who was age 14 before that date and enters grade 9 in 2008 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.