WORK PERMITS FOR HOMESCHOOLED MINORS

House Bill 4262 (H-1) as referred to second committee

Sponsor:  Rep. John Reilly

1st Committee:  Education

2nd Committee:  Ways and Means

Complete to 6-21-19

BRIEF SUMMARY:  House Bill 4262 would amend the Youth Employment Standards Act to allow a minor’s parent or legal guardian to issue and revoke a work permit for employment in qualifying occupations if the minor is being homeschooled. 

FISCAL IMPACT:  House Bill 4262 would not have a significant fiscal impact on the Department of Licensing and Regulatory Affairs (LARA) or other units of state or local government.

THE APPARENT PROBLEM:

Currently, if a homeschooled minor wants to obtain a work permit, he or she can go to the local school district, where the chief administrator “shall” issue the permit. As noted in committee testimony, this puts the chief administrator in an awkward situation, where a person who does not know the student is authorizing that student to work. Supporters of the bill advanced it as a way to put homeschoolers on equal footing with traditional students, by allowing the person responsible for educating the student—the student’s parent or guardian—to authorize the work permit.

THE CONTENT OF THE BILL:

House Bill 4262 would amend the Youth Employment Standards Act to allow a minor’s parent or legal guardian to issue and revoke a work permit for employment in qualifying occupations if the minor is being homeschooled. 

Currently, the term issuing officer refers to the chief administrator of the minor’s school district, intermediate school district (ISD), public school academy (PSA), or nonpublic school, or to a designee of the chief administrator.  

The bill would expand that definition to include the minor’s parent or guardian. It would also specify that a parent or guardian is included as an issuing officer even when, as in section 4 of the act, reference is made to the “issuing officer of the school district, ISD, PSA, or nonpublic school at which the minor is enrolled.”

These changes would ensure that the same youth employment standards as apply to students attending traditional schools would apply to those being educated at home by a parent or guardian in an organized educational program including specified subject matter. The rules specified under the act for issuance, application for the work permit, revocation, and appeal would also apply. 

MCL 409.102

POSITIONS:

A representative of the Michigan Christian Homeschool Network testified in support of the bill. (5-21-19)

The following organizations indicated support for the bill (5-21-19):

·         Michigan Family Forum

·         Citizens for Traditional Values

The Michigan Department of Education indicated opposition to the bill. (5-21-19)

                                                                                         Legislative Analyst:   Jenny McInerney

                                                                                                 Fiscal Analyst:   Marcus Coffin

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.