Bill Text: MI HB4071 | 2019-2020 | 100th Legislature | Introduced

---

Bill Title: Education: attendance; attendance requirements for kindergarten; modify. Amends secs. 1147 & 1561 of 1976 PA 451 (MCL 380.1147 & 380.1561).

Spectrum: Partisan Bill (Democrat 22-0)

Status: (Introduced - Dead) 2019-01-23 - Bill Electronically Reproduced 01/23/2019 [HB4071 Detail]

Download: Michigan-2019-HB4071-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4071

 

 

January 23, 2019, Introduced by Reps. Sowerby, Pohutsky, Koleszar, Bolden, Chirkun, Pagan, Hertel, Elder, Anthony, Clemente, Tate, Stone, Shannon, Manoogian, Wittenberg, Camilleri, Liberati, Hammoud, Garza, Brenda Carter, Neeley and Jones and referred to the Committee on Education.

 

     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.

     (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, legal 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, legal 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, legal 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 must 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

 

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 September 1 shall be enrolled on the first school

 

day of the school year following the school year that begins in the

 

calendar year in which the child's sixth fifth 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 that 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, legal 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.