September 7, 2011, Introduced by Senator HANSEN and referred to the Committee on Education.
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
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 the
district or public school academy or of 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 all of the following bills of the 96th Legislature are
enacted into law:
(a) Senate Bill No. 620.
(b) Senate Bill No. 618.
(c) Senate Bill No. 619.
(d) Senate Bill No. 624.