Bill Text: MI SB0304 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Education; attendance; local truancy policies; require adoption and implementation by schools and prosecutors. Amends sec. 1599 of 1976 PA 451 (MCL 380.1599) & adds sec. 1590.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-04-10 - Referred To Committee On Education [SB0304 Detail]

Download: Michigan-2013-SB0304-Introduced.html

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SENATE BILL No. 304

 

 

Introduced by Senator SCHUITMAKER.

 

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending section 1599 (MCL 380.1599) and by adding section 1590.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1590. (1) Except as otherwise provided in subsection (2),

 

not later than 180 days after the effective date of this section,

 

each intermediate school board and the county prosecutor for each

 

county in the territory of the intermediate school district shall

 

meet and confer to develop a local truancy policy under subsection

 

(3) that will apply to all school districts within the intermediate

 

school district except those described in subsection (2) and to

 

discuss and plan implementation of the policy.

 

     (2) If a school district employs its own attendance officer or

 

officers under section 1571, not later than 180 days after the

 

effective date of this section, the school board of that school

 

district and the county prosecutor for the county in which it is

 

located shall meet and confer to develop a local truancy policy

 

under subsection (3) that will apply to that school district and to

 

discuss and plan implementation of the policy.

 

     (3) A local truancy policy under this section shall clearly

 

state all school attendance requirements and truancy prevention

 

steps currently required under this part and shall address at least

 

all of the following:

 

     (a) Establishment of a definition of a truant child. This part

 

of the policy shall allow a school district to establish its own

 

definition of truancy as long as it is consistent with this part.

 

     (b) Protocols and criteria for notifying the parents of a

 

truant child, which shall include at least all of the following:

 

     (i) The requirements and procedures for the written notice in

 

person or by registered mail required under section 1587.

 

     (ii) Requirements for the written notice concerning the

 

response that should be requested from the parent or other person

 

in parental relationship.

 

     (iii) Requirements for the written notice concerning advising

 

the parent that if the truancy continues, the parent or other

 

person in parental relationship may be subject to criminal

 

prosecution.

 

     (c) Protocols and criteria for notification of appropriate

 

individuals and agencies if a parent does not respond to the

 

written notice required under section 1587 or continues to fail to

 

comply with this part. This part of the policy shall clearly

 

require the attendance officer of the intermediate school district

 

or school district, as applicable, to notify the county prosecutor

 

in a timely fashion.

 

     (d) Protocols for a school district, attendance officer, or

 

county prosecutor to file a complaint under section 1588 or

 

otherwise to petition an appropriate court for intervention or

 

other action.

 

     (4) Upon adoption of the local truancy policy as required

 

under this section, an intermediate school board or school board,

 

as applicable, shall submit its local truancy policy to the state

 

board for approval. The state board shall promptly approve a local

 

truancy policy if the state board determines that it is consistent

 

with the purposes and procedures of this part. If the state board

 

does not approve a local policy, the state board shall work with

 

the intermediate school board or school board to develop and

 

approve an acceptable local truancy policy as soon as possible.

 

     (5) After the state board approves a local truancy policy

 

under this section, the intermediate school district or school

 

district, as applicable, each affected school district within the

 

intermediate school district, and each affected county prosecutor

 

shall begin compliance with the truancy policy.

 

     (6) As used in this section:

 

     (a) "School board" means the board of a school district or the

 

board of directors of a public school academy.

 

     (b) "School district" means a school district or public school

 

academy.

 

     Sec. 1599. (1) A parent or other person in parental relation

 

relationship who fails to comply with this part is guilty of a

 

misdemeanor , punishable by a any combination of the following:

 

     (a) A fine of not less than $5.00 nor more than $50.00 , or

 

imprisonment or more than $100.00.

 

     (b) Imprisonment for not less than 2 nor days or more than 90

 

93 days. , or both.

 

     (c) Community service for not more than 50 hours.

 

     (2) This section does not prohibit charging a person with,

 

convicting a person of, or punishing a person for any other crime

 

including any other violation of law arising from the same act or

 

omission as the violation of this part.