THE REVISED SCHOOL CODE (EXCERPT)
Act 451 of 1976
380.1147 Enrollment of child in kindergarten; age; eligibility; notification.
(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) 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. 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 or a child eligible to enroll in and be counted in membership in the school district under section 105 or 105c of the state school aid act of 1979, MCL 388.1705 and 388.1705c, 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 that he or she intends to enroll the child in kindergarten for 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.
History: 1976, Act 451, Imd. Eff. Jan. 13, 1977
Am. 2012, Act 198, Imd. Eff. June 26, 2012
Am. 2014, Act 479, Imd. Eff. Jan. 13, 2015
Constitutionality: Shared time instruction of sectarian, nonpublic school students in and of itself is not violative of the Establishment Clause of the United States Constitution even where benefits to religion appear substantial; it is only where it is clear that the program was motivated wholly by religious considerations that a conflict with the clause would exist. Snyder v Charlotte Schools, 421 Mich 517; 365 NW2d 151 (1984).Shared time instruction clearly is not intended to benefit one or all religions; rather, the purpose is secular: to provide educational opportunities at public schools for all resident school-age children whether they attend public or religious or secular nonpublic schools. Snyder v Charlotte Schools, 421 Mich 517; 365 NW2d 151 (1984).
Popular Name: Act 451
© 2009 Legislative Council, State of Michigan