Bill Text: MI SB1076 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Education; attendance; compulsory age for attendance; revise. Amends secs. 1561 & 1596 of 1976 PA 451 (MCL 380.1561 & 380.1596).

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced - Dead) 2010-01-20 - Referred To Committee On Education [SB1076 Detail]

Download: Michigan-2009-SB1076-Introduced.html

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SENATE BILL No. 1076

 

 

January 20, 2010, Introduced by Senators RICHARDVILLE, NOFS, CROPSEY, PAPPAGEORGE, KAHN, JANSEN, HARDIMAN, GILBERT and JELINEK 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), as

 

amended by 2009 PA 204.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1561. (1) 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 the parent, guardian, or

 

other person in this state having control and charge of the a child

 

shall send that child to a public school during the entire school

 

year from the age of 6 to 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,

 

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 the child's eighteenth

 

birthday. 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, and 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.

 

     (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.

 

     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) A child aged 7 to his or her sixteenth birthday, or his or

 

her eighteenth birthday if the child turns age 11 on or after

 

December 1, 2009 or is age 11 before that date and enters grade 6

 

in 2009 or later, who resides in the school district and who meets

 

1 or more of the following, is considered a juvenile disorderly

 

person and in the judgment of the proper school authorities may be

 

assigned to the ungraded school or department:

 

     (a) Except for a child described in section 1561(5), a A child

 

who is habitually truant from the school in which he or she is

 

enrolled as a pupil.

 

     (b) A child who, while attending school, is incorrigibly

 

turbulent, disobedient, and insubordinate, or who is immoral in

 

conduct.

 

     (c) A child who is not attending school and who habitually

 

frequents streets and other public places, having no lawful

 

business, employment, or occupation.