HOUSE BILL No. 5786

 

September 10, 2014, Introduced by Rep. Hobbs and referred to the Committee on Education.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending sections 1147 and 1561 (MCL 380.1147 and 380.1561),

 

section 1147 as amended by 2012 PA 198 and section 1561 as amended

 

by 2009 PA 204.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1147. (1) A child who is a resident of a school district

 

that does not provide kindergarten and who is at least 5 years of

 

age on the first day of enrollment of the school year may attend

 

school in the school district.

 

     (2) In a school district that provides kindergarten, until the

 

2013-2014 school year, a child who is a resident of the school

 

district may enroll in the kindergarten if the child is at least 5

 

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

 

Subject to subsection (3), for the 2013-2014 school year, a child

 


who resides in the school district may enroll in kindergarten if

 

the child is at least 5 years of age on November 1, 2013.

 

     (1) A school district shall provide kindergarten. The length

 

of the school day for the kindergarten program shall be the same as

 

for other elementary grades provided by the school district.

 

     (2) Subject to subsection (3), for the 2014-2015 school year,

 

a child who resides in the school district may enroll in

 

kindergarten if the child is at least 5 years of age on October 1,

 

2014. Subject to subsection (3), beginning with the 2015-2016

 

school year, a child who resides in the school district may enroll

 

in kindergarten if the child is at least 5 years of age on

 

September 1 of the school year of enrollment.

 

     (3) If a child residing in the school district is not 5 years

 

of age on the enrollment eligibility date specified in subsection

 

(2), but will be 5 years of age not later than December 1 of a

 

school year, the parent or legal guardian of that child may enroll

 

the child in kindergarten for that school year if the parent or

 

legal guardian notifies the school district in writing not later

 

than June 1 before the beginning of the school year that he or she

 

intends to enroll the child in kindergarten. If a child described

 

in this subsection becomes a resident of the school district after

 

June 1, the child's parent or legal guardian may enroll the child

 

in kindergarten for that school year if the parent or legal

 

guardian submits this written notification to the school district

 

not later than August 1 before the beginning of that school year. A

 

school district that receives this written notification may make a

 

recommendation to the parent or legal guardian of a child described

 


in this subsection that the child is not ready to enroll in

 

kindergarten due to the child's age or other factors. However,

 

regardless of this recommendation, the parent or legal guardian

 

retains the sole discretion to determine whether or not to enroll

 

the child in kindergarten under this subsection.

 

     (4) The ages prescribed in this section for a child's

 

eligibility for enrollment in a school district also apply to a

 

child's eligibility to enroll in a public school academy.

 

     (5) If a school district or public school academy enrolls any

 

children in kindergarten for a school year under subsection (3),

 

the school district or public school academy shall notify the

 

department of the number of those children enrolled by not later

 

than December 31 of that school year.

 

     Sec. 1561. (1) For a child residing in this state who is at

 

least age 5, 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 as provided in

 

subsection (2). 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 until 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 until 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 5 years of age before December 1 the

 

date specified in section 1147 for eligibility for enrollment in

 

kindergarten shall be enrolled on the first school day of the

 

school year in which the child's sixth fifth birthday occurs, and a

 

child becoming 6 5 years of age on or after December 1 that date

 

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.

 

     (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, 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 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.