HOUSE BILL No. 4030

 

January 22, 2009, Introduced by Rep. Geiss and referred to the Committee on Education.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending sections 1561 and 1596 (MCL 380.1561 and 380.1596),

 

section 1561 as amended by 1996 PA 339.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

every parent, guardian, or other person in this state having

 

control and charge of a child from the age of 6 to the child's

 

sixteenth eighteenth birthday shall send that child to a public

 

school during the entire school year. 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. 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.

 

     (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.

 

     Sec. 1596. (1) The board of a school district other than a

 

primary school district may establish 1 or more ungraded schools

 

for the instruction of certain pupils classified in subsection (2).

 

The board may require the pupils to attend an ungraded school or a

 

department of the school as the board directs.

 

     (2) The following cases of persons, aged A child age 7 to the

 

sixteenth his or her eighteenth birthday residing who resides in

 

the school district shall be deemed and who meets 1 or more of the

 

following is considered a juvenile disorderly persons person and in

 

the judgment of the proper school authorities may be assigned to

 

the ungraded school or department:

 

     (a) Class 1, habitual truants A child who is habitually truant

 

from the school in which they are he or she is enrolled as pupils a

 

pupil.

 

     (b) Class 2, children A child who, while attending school, are

 

is incorrigibly turbulent, disobedient, and insubordinate, or who

 


are is immoral in conduct.

 

     (c) Class 3, children A child who are is not attending school

 

and who habitually frequent frequents streets and other public

 

places, having no lawful business, employment, or occupation.