HB-4030, As Passed House, March 4, 2009

SUBSTITUTE FOR

HOUSE BILL NO. 4030

     A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending section 1561 (MCL 380.1561), as amended by 1996 PA 339.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1561. (1) Except as otherwise provided in this section,

every for a child who turned age 14 before December 1, 2007 or who

entered grade 9 before 2008, the child's parent, guardian, or other

person in this state having control and charge of a the child from

the age of 6 to the child's sixteenth birthday shall send that

child to a public school during the entire school year from the age

of 6 to the child's sixteenth birthday. Except as otherwise

provided in this section, for a child who turns age 14 on or after

December 1, 2007 or a child who was age 14 before that date and

enters grade 9 in 2008 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 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 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

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 14 on or after December 1, 2007

or who was age 14 before that date and enters grade 9 in 2008 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.

     Enacting section 1. This amendatory act does not take effect

unless House Bill No. 4132 of the 95th Legislature is enacted into

law.