January 22, 2007, Introduced by Reps. Lemmons, Dean, Johnson, Jackson, Virgil Smith, Leland, Tobocman, Robert Jones and Hopgood and referred to the Committee on Education.


     A bill to amend 1976 PA 451, entitled


"The revised school code,"


by amending sections 1561 and 1596 (MCL 380.1561 and 380.1596),


section 1561 as amended by 1996 PA 339.




     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 eighteenth 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




     (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.


     Sec. 1596. (1) The board of a school district other than a


primary school district may establish 1 or more ungraded schools


for the instruction of certain pupils classified in subsection (2).


The board may require the pupils to attend an ungraded school or a


department of the school as the board directs.


     (2) The following cases of persons, aged A child age 7 to the


sixteenth his or her eighteenth birthday residing who resides in


the school district shall be deemed and who meets 1 or more of the


following is considered a juvenile disorderly persons person and in


the judgment of the proper school authorities may be assigned to


the ungraded school or department:


     (a) Class 1, habitual truants A child who is habitually truant


from the school in which they are he or she is enrolled as pupils a




     (b) Class 2, children A child who, while attending school, are


is incorrigibly turbulent, disobedient, and insubordinate, or who


are is immoral in conduct.


     (c) Class 3, children A child who are is not attending school


and who habitually frequent frequents streets and other public


places, having no lawful business, employment, or occupation.