HOUSE BILL No. 4250

 

February 13, 2013, Introduced by Reps. Stanley, Santana, Durhal, Dillon and Smiley and referred to the Committee on Education.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending sections 1561 and 1578 (MCL 380.1561 and 380.1578),

 

section 1561 as amended by 2009 PA 204.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

for a child who turned age 11 before December 1, 2009 or who

 

entered grade 6 before 2009, the child's parent, guardian, or other

 

person in this state having control and charge of the child 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 11 on

 

or after December 1, 2009 or a child who was age 11 before that

 

date and enters grade 6 in 2009 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, and 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 and the

 

parent or legal guardian registers as a home school with the

 

department.

 

     (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 11 on or after December 1, 2009

 

or who was age 11 before that date and enters grade 6 in 2009 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.

 


     Sec. 1578. The At the beginning of each school year, the

 

appropriate authority of each nonpublic school at the beginning of

 

the school year and each person who is educating a child at home

 

shall furnish the superintendent of schools of the district in

 

which the nonpublic school or home school is situated or the

 

intermediate superintendent:

 

     (a) The name and age of each child who is enrolled at the

 

school or is being educated at home.

 

     (b) The number or name of the school district and the city or

 

township and county in which the parent, guardian, or person in

 

parental relation resides.

 

     (c) The name and address of the parent, guardian, or other

 

person in parental relation.

 

     (d) The name and age of each child enrolled in the nonpublic

 

school who is not in regular attendance.