HOUSE BILL No. 5977

 

April 25, 2006, Introduced by Rep. Moolenaar and referred to the Committee on Education.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending section 1284b (MCL 380.1284b), as amended by 2005 PA

 

144.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

district, public school academy, or intermediate school district,

 

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  subsections (3) and (4)

 


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  pupils are

 

not required to begin a  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  the effective date of the amendatory act that added

 

subsection (2)  September 29, 2005 or is operating as of that  

 

effective  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  the effective date of the amendatory act that added

 

subsection (2)  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)  (5)  As used in this section, "Labor day" means the first

 

Monday in September.