SB-0621, As Passed House, April 26, 2012

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 621

     A bill to amend 1979 PA 94, entitled

"The state school aid act of 1979,"

by amending section 166b (MCL 388.1766b), as amended by 2010 PA

204.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 166b. (1) This act does not prohibit a parent or legal

guardian of a minor who is enrolled in any of grades 1 to 12 in a

nonpublic school or who is being home-schooled from also enrolling

the minor in a district, public school academy, or intermediate

district in any curricular offering that is provided by the

district, public school academy, or intermediate district at a

public school site and is available to pupils in the minor's grade

level or age group, subject to compliance with the same

requirements that apply to a full-time pupil's participation in the

offering. However, state school aid shall be provided under this

act for a minor enrolled as described in this subsection only for

curricular offerings that are offered to full-time pupils in the

minor's grade level or age group during regularly scheduled school

hours.

     (2) This act does not prohibit a parent or legal guardian of a

minor who is enrolled in any of grades 1 to 12 in a nonpublic

school located within the district or who resides within the

district and is being home-schooled from also enrolling the minor

in the district in a curricular offering being provided by the

district at the nonpublic school site. However, state school aid

shall be provided under this act for a minor enrolled as described

in this subsection only if all of the following apply:

     (a) Either of the following:

     (i) The nonpublic school site is located, or the nonpublic

students are educated, within the geographic boundaries of the

district.

     (ii) If the nonpublic school has submitted a written request

for a specific fiscal year to the district in which the nonpublic

school is located for the district to provide certain instruction

under this subsection for a school year and the district does not

agree to provide some or all of that instruction by May 1

immediately preceding that school year or, if the request is

submitted after March 1 immediately preceding that school year,

within 60 days after the nonpublic school submits the request, the

portion of the instruction that the district has not agreed to

provide instruction is instead provided by a an eligible other

district. that is contiguous to the district in which the nonpublic

school is located. This subparagraph applies only to instruction,

or a portion of instruction, that is specifically included in the

written request that was made to the district in which the

nonpublic school is located and that was denied by that district.

This subparagraph does not require a nonpublic school to submit

more than 1 request to the district in which the nonpublic school

is located for that district to provide instruction under this

subsection, and does not require a nonpublic school to submit an

additional request to the district in which the nonpublic school is

located for that district to provide additional instruction under

this subsection beyond the instruction requested in the original

request, before having the instruction provided by an eligible

other district. A public school academy that is located in the

district in which the nonpublic school is located or in a an other

eligible district that is contiguous to the district in which the

nonpublic school is located also may provide instruction under this

subparagraph under the same conditions as a an eligible other

district. that is contiguous to the district in which the nonpublic

school is located. As used in this subparagraph, "eligible other

district" means a district that is located in the same intermediate

district as the district in which the nonpublic school is located

or is located in an intermediate district that is contiguous to

that intermediate district.

     (b) The nonpublic school is registered with the department as

a nonpublic school and meets all state reporting requirements for

nonpublic schools.

     (c) The instruction is scheduled to occur during the regular

school day.

     (d) The instruction is provided directly by an employee of a

certified teacher at the district or public school academy or of at

an intermediate district.

     (e) The curricular offering is also available to full-time

pupils in the minor's grade level or age group in the district or

public school academy during the regular school day at a public

school site.

     (f) The curricular offering is restricted to nonessential

elective courses for pupils in grades 1 to 12.

     (3) A minor enrolled as described in this section is a part-

time pupil for purposes of state school aid under this act.

     (4) A district that receives a written request to provide

instruction under subsection (2) shall reply to the request in

writing by May 1 immediately preceding the applicable school year

or, if the request is made after March 1 immediately preceding that

school year, within 60 days after the nonpublic school submits the

request. The written reply shall specify whether the district

agrees to provide or does not agree to provide the instruction for

each portion of instruction included in the request.