Bill Text: MI HB4934 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Education; other; school enrollment without records; allow under certain circumstances. Amends secs. 1135 & 1148 of 1976 PA 451 (MCL 380.1135 & 380.1148). TIE BAR WITH: HB 4933'17, HB 4935'17
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-09-14 - Bill Electronically Reproduced 09/13/2017 [HB4934 Detail]
Download: Michigan-2017-HB4934-Introduced.html
HOUSE BILL No. 4934
September 13, 2017, Introduced by Rep. Kosowski and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 1135 and 1148 (MCL 380.1135 and 380.1148),
section 1135 as added by 1987 PA 84 and section 1148 as amended by
2009 PA 186.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
1135. (1) Upon Except for
a person enrolling a student
who is a foster child as described in section 4f of the foster care
and adoption services act, 1994 PA 203, MCL 722.954f, upon
enrollment
of a student for the first time in a local school
district, public school academy, or intermediate school district,
the school district, public school academy, or intermediate school
district shall notify in writing the person enrolling the student
that
within 30 days he or she shall provide to the local school
district, public school academy, or intermediate school district
either of the following:
(a) A certified copy of the student's birth certificate.
(b) Other reliable proof, as determined by the school
district, public school academy, or intermediate school district of
the student's identity and age, and an affidavit explaining the
inability to produce a copy of the birth certificate.
(2)
If Except for a person
enrolling a student who is a foster
child as described in section 4f of the foster care and adoption
services act, 1994 PA 203, MCL 722.954f, if a person enrolling a
student
fails to comply with subsection (1), the local school
district, public school academy, or intermediate school district
shall notify the person enrolling the student in writing that,
unless he or she complies within 30 days after the notification,
the case shall be referred to the local law enforcement agency for
investigation. If the person enrolling the student fails to comply
within
that 30-day period, the local school
district, public school
academy, or intermediate school district shall notify the local law
enforcement agency.
(3)
The local school district,
public school academy, or
intermediate school district shall immediately report to the local
law
enforcement agency any affidavit received pursuant to under
this section that appears inaccurate or suspicious in form or
content.
(4) Within 14 days after enrolling a transfer student, the
school shall request in writing directly from the student's
previous school a copy of his or her school record. Any school that
compiles records for each student in the school and that is
requested to forward a copy of a transferring student's record to
the new school shall comply within 30 days after receipt of the
request
unless the record has been tagged pursuant to under section
1134.
If a student record has been tagged pursuant to under section
1134, a copy of the student record shall not be forwarded, and the
requested school shall notify the law enforcement agency that
notified the school district, public school academy, or
intermediate
school district of the missing student pursuant
to
section
8 of Act No. 319 of the Public Acts of 1968, being section
28.258
of the Michigan Compiled Laws, under
section 8 of 1968 PA
319, MCL 28.258, of the request.
(5)
A local school district,
public school academy, or
intermediate school district shall not disclose any personally
identifiable information contained in a student record to a law
enforcement
agency, except in compliance with the family
educational
rights and privacy act, 20 U.S.C. 1232g.20 USC 1232g,
commonly referred to as the family education rights and privacy
act.
Sec. 1148. (1) Except as provided in section 1711 and
subsection
(2), subsections (2) and (3),
a child whose parents or
legal guardians are unable to provide a home for the child and who
is placed in a licensed home or in a home of relatives in the
school district for the purpose of securing a suitable home for the
child and not for an educational purpose shall be considered a
resident for education purposes of the school district where the
home in which the child is living is located. The child shall be
admitted to the school in the district.
(2) If a child who is under court jurisdiction under section
2(b) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL
712A.2, is placed in foster care, a school district shall allow the
child to enroll in and attend the appropriate grade in the school
selected by the department of health and human services or a child
placing agency without regard to whether or not the child is
residing in that school district. If the selection results in a
child transferring to another school, the child's school records
shall be transferred as provided under section 1135.
(3) If a child enrolled in grades 9 to 12 is a foster child
described in section 4f of the foster care and adoption services
act, 1994 PA 203, MCL 722.954f, a school district shall allow the
child to enroll in and attend the appropriate grade in the school
the child attended before the child's placement without regard to
the recommendations of the department of health and human services
or a child placing agency and without regard to whether or not the
child is residing in that school district.
(4) As used in this section, "placement" means that term as
defined in section 115f of the social welfare act, 1939 PA 280, MCL
400.115f.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 99th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 4933 (request no.
03625'17).
(b) Senate Bill No.____ or House Bill No. 4935 (request no.
03625'17 b).
