April 10, 2013, Introduced by Senator SCHUITMAKER and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1599 (MCL 380.1599) and by adding section 1590.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1590. (1) Except as otherwise provided in subsection (2),
not later than 180 days after the effective date of this section,
each intermediate school board and the county prosecutor for each
county in the territory of the intermediate school district shall
meet and confer to develop a local truancy policy under subsection
(3) that will apply to all school districts within the intermediate
school district except those described in subsection (2) and to
discuss and plan implementation of the policy.
(2) If a school district employs its own attendance officer or
officers under section 1571, not later than 180 days after the
effective date of this section, the school board of that school
district and the county prosecutor for the county in which it is
located shall meet and confer to develop a local truancy policy
under subsection (3) that will apply to that school district and to
discuss and plan implementation of the policy.
(3) A local truancy policy under this section shall clearly
state all school attendance requirements and truancy prevention
steps currently required under this part and shall address at least
all of the following:
(a) Establishment of a definition of a truant child. This part
of the policy shall allow a school district to establish its own
definition of truancy as long as it is consistent with this part.
(b) Protocols and criteria for notifying the parents of a
truant child, which shall include at least all of the following:
(i) The requirements and procedures for the written notice in
person or by registered mail required under section 1587.
(ii) Requirements for the written notice concerning the
response that should be requested from the parent or other person
in parental relationship.
(iii) Requirements for the written notice concerning advising
the parent that if the truancy continues, the parent or other
person in parental relationship may be subject to criminal
prosecution.
(c) Protocols and criteria for notification of appropriate
individuals and agencies if a parent does not respond to the
written notice required under section 1587 or continues to fail to
comply with this part. This part of the policy shall clearly
require the attendance officer of the intermediate school district
or school district, as applicable, to notify the county prosecutor
in a timely fashion.
(d) Protocols for a school district, attendance officer, or
county prosecutor to file a complaint under section 1588 or
otherwise to petition an appropriate court for intervention or
other action.
(4) Upon adoption of the local truancy policy as required
under this section, an intermediate school board or school board,
as applicable, shall submit its local truancy policy to the state
board for approval. The state board shall promptly approve a local
truancy policy if the state board determines that it is consistent
with the purposes and procedures of this part. If the state board
does not approve a local policy, the state board shall work with
the intermediate school board or school board to develop and
approve an acceptable local truancy policy as soon as possible.
(5) After the state board approves a local truancy policy
under this section, the intermediate school district or school
district, as applicable, each affected school district within the
intermediate school district, and each affected county prosecutor
shall begin compliance with the truancy policy.
(6) As used in this section:
(a) "School board" means the board of a school district or the
board of directors of a public school academy.
(b) "School district" means a school district or public school
academy.
Sec.
1599. (1) A parent or other person in parental relation
relationship who fails to comply with this part is guilty of a
misdemeanor
, punishable by a any
combination of the following:
(a)
A fine of not less than $5.00 nor
more than $50.00 , or
imprisonment
or more than $100.00.
(b) Imprisonment for not less than 2 nor days or
more than 90
93 days. , or both.
(c) Community service for not more than 50 hours.
(2) This section does not prohibit charging a person with,
convicting a person of, or punishing a person for any other crime
including any other violation of law arising from the same act or
omission as the violation of this part.