SB-0621, As Passed Senate, October 27, 2011

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 within 60 days after the request was submitted 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 is instead

provided by a district that is contiguous to 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. 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. A public school academy that is located in

the same intermediate district as the district in which the

nonpublic school is located or in a an intermediate district that

is contiguous to the district in which the nonpublic school is

located that intermediate district also may provide instruction

under this subparagraph under the same conditions as a district

that is contiguous to 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.

     Enacting section 1. This amendatory act does not take effect

unless Senate Bill No. 619 of the 96th Legislature is enacted into

law.