February 16, 2017, Introduced by Reps. Sowerby, Green, Pagan, Zemke, Phelps, Chang, Elder and Greig and referred to the Committee on Education Reform.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 1147 and 1561 (MCL 380.1147 and 380.1561),
section 1147 as amended by 2016 PA 192 and section 1561 as amended
by 2016 PA 532.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
1147. (1) A child who is a resident of a school district
that
does not provide kindergarten and who is at least 5 years of
age
on the first day of enrollment of the school year may attend
school
in a public school operated by the school district or, for a
community
district or a school district that does not directly
operate
schools on its own, in another public school located within
the
geographic boundaries of the school district.A school district
shall provide kindergarten. The length of the school day for the
kindergarten program shall be the same as for other elementary
grades provided by the school district.
(2)
Subject to subsection (3), beginning with the 2015-2016
school
year, a child who is at least 5
years of age on September 1
of the school year of enrollment and who resides in the school
district may enroll in kindergarten in a public school operated by
the school district or, for a community district or a school
district that does not directly operate schools on its own, in
another public school located within the geographic boundaries of
the school district.
(3) If a child residing in the school district or a child
eligible to enroll in and be counted in membership in the school
district under section 105 or 105c of the state school aid act of
1979, MCL 388.1705 and 388.1705c, is not 5 years of age on the
enrollment eligibility date specified in subsection (2), but will
be 5 years of age not later than December 1 of a school year, the
parent or legal guardian of that child may enroll the child in
kindergarten for that school year in a public school operated by
the school district or, for a community district or a school
district that does not directly operate schools on its own, in
another public school located within the geographic boundaries of
the school district if the parent or legal guardian notifies the
public school in writing that he or she intends to enroll the child
in kindergarten for that school year. A public school that receives
this written notification may make a recommendation to the parent
or legal guardian of a child described in this subsection that the
child is not ready to enroll in kindergarten due to the child's age
or other factors. However, regardless of this recommendation, the
parent or legal guardian retains the sole discretion to determine
whether or not to enroll the child in kindergarten under this
subsection.
(4) The ages prescribed in this section for a child's
eligibility for enrollment in a public school also apply to a
child's eligibility to enroll in a public school academy.
(5) If a public school enrolls any children in kindergarten
for a school year under subsection (3), the public school shall
notify the department of the number of those children enrolled by
not later than December 31 of that school year.
(6) This section does not require a school district to operate
a public school directly on its own.
(7) This section does not apply to a school district that does
not operate a public school directly but retains a limited separate
identity for purposes of section 12, 12b, 863, 903, or 947.
(8)
This section does not require a school district or public
school
academy that does not otherwise provide kindergarten to
provide
kindergarten.
Sec. 1561. (1) For a child residing in this state who is at
least age 5, 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 as provided in
subsection (2). 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 until 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 until 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 5 years of age on or before December 1
September 1 shall be enrolled on the first school day of the school
year
that begins in the calendar year in which the child's sixth
fifth
birthday occurs, and a child becoming 6
5 years of age on or
after
December 1 that date shall be enrolled on the first school
day
of the school year following the that 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.
(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 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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.