HOUSE BILL No. 5198 December 9, 1999, Introduced by Reps. Jacobs, Bovin, Gieleghem, Prusi, Switalski, Hale, Kowall, Woodward, Basham and Dennis and referred to the Committee on Education. A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1578, 1586, and 1599 (MCL 380.1578, 380.1586, and 380.1599). THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1578. (1) The appropriate authority of each nonpublic 2 school at the beginning of the school year shall furnish ALL OF 3 THE FOLLOWING TO the superintendent of schools of the district in 4 which the nonpublic school is situated or the intermediate 5 superintendent: 6 (a) The name and age of each child who is enrolled at the 7 school. 8 (b) The number or name of the school district and the city 9 or township and county in which the parent, guardian, or person 10 in parental relation resides. H02634'99 * DAM 2 1 (c) The name and address of the parent, guardian, or other 2 person in parental relation. 3 (d) The name and age of each child enrolled in the school 4 who is not in regular attendance. 5 (2) A PARENT OR LEGAL GUARDIAN OF EACH CHILD DESCRIBED IN 6 SECTION 1561(3)(F) AT THE BEGINNING OF THE SCHOOL YEAR SHALL FUR- 7 NISH THE NAME AND AGE OF THE CHILD TO THE SUPERINTENDENT OF 8 SCHOOLS OF THE DISTRICT IN WHICH THE CHILD RESIDES OR THE INTER- 9 MEDIATE SUPERINTENDENT. 10 Sec. 1586. (1) The attendance officer shall investigate 11 each case of A CHILD'S nonattendance at school when notified by a 12 teacher, superintendent, intermediate superintendent, or other 13 person of a violation of this part. If the childcomplained of14 is not exempt from public school attendance under the conditions 15 listed in section 1561, the attendance officer shall proceed 16 immediately in the manner provided in this part. 17 (2) If a child isrepeatedly absent from school without18valid excuse, or isfailing in schoolwork or gives evidence of 19 behavior problems,and IF attempts to confer with the parent 20 or other person in parental relationship to the child fail, the 21 superintendent of schools, or the intermediate superintendent in 22 a SCHOOL districtwhichTHAT does not employ a superintendent, 23 may request the attendance officer to notify the parent or other 24 person in parental relationship by registered mail to come to the 25 school or to a place designated at a time specified to discuss 26 the child'sirregularity in attendance,failing work,or 27 behavior problems with the proper school authorities. H02634'99 * 3 1 (3) IF A CHILD IS ABSENT FROM SCHOOL WITHOUT VALID EXCUSE 2 TWICE IN 30 SCHOOL DAYS, THE ATTENDANCE OFFICER SHALL NOTIFY THE 3 PARENT OR OTHER PERSON IN PARENTAL RELATIONSHIP BY REGISTERED 4 MAIL TO COME TO THE SCHOOL OR A PLACE DESIGNATED AT A TIME SPECI- 5 FIED TO DISCUSS THE CHILD'S ATTENDANCE. 6 (4) IF A CHILD IS ABSENT FROM SCHOOL WITHOUT VALID EXCUSE 5 7 TIMES IN 30 SCHOOL DAYS, THE SUPERINTENDENT OF SCHOOLS OR HIS OR 8 HER DESIGNEE, OR THE INTERMEDIATE SUPERINTENDENT OR HIS OR HER 9 DESIGNEE IN A SCHOOL DISTRICT THAT DOES NOT EMPLOY A SUPERINTEN- 10 DENT, SHALL ENTER INTO AN AGREEMENT WITH THE CHILD AND THE PARENT 11 OR OTHER PERSON IN PARENTAL RELATIONSHIP THAT ESTABLISHES SCHOOL 12 ATTENDANCE REQUIREMENTS AND RESOLVES THE CHILD'S ATTENDANCE 13 PROBLEM. 14 (5) IF A CHILD IS ABSENT FROM SCHOOL WITHOUT VALID EXCUSE 7 15 OR MORE TIMES IN 30 SCHOOL DAYS OR 10 OR MORE TIMES IN THE SCHOOL 16 YEAR, THE PARENT OR OTHER PERSON IN PARENTAL RELATIONSHIP REFUSES 17 TO ENTER INTO AN AGREEMENT AS REQUIRED IN SUBSECTION (4), OR THE 18 CHILD OR THE PARENT OR OTHER PERSON IN PARENTAL RELATIONSHIP 19 BREACHES AN AGREEMENT ENTERED INTO UNDER SUBSECTION (4), THE 20 SUPERINTENDENT OF SCHOOLS OR HIS OR HER DESIGNEE, OR THE INTERME- 21 DIATE SUPERINTENDENT OR HIS OR HER DESIGNEE IN A SCHOOL DISTRICT 22 THAT DOES NOT EMPLOY A SUPERINTENDENT, SHALL FILE A PETITION 23 ALLEGING THAT THE CHILD IS WITHIN THE COURT'S JURISDICTION UNDER 24 SECTION 2(A)(5) OF CHAPTER XIIA OF 1939 PA 288, MCL 712A.2. 25 (6)(3)The superintendent, or the teacher in a SCHOOL 26 districtwhichTHAT does not employ a superintendent, shall 27 provide information concerning the nonattendance of each H02634'99 * 4 1 nonresident pupil to the intermediate superintendent of the 2 intermediate school district in which the nonresident pupil 3 resides.The intermediate attendance officer, whenWHEN noti- 4 fied by the intermediate superintendent or superintendent of 5 schools, THE INTERMEDIATE ATTENDANCE OFFICER shall investigate 6 and proceed in all cases of nonattendance of nonresident pupils 7 in the same manner provided in this part for enforcing attendance 8 of pupils attending schools in districts in which they reside. 9 (7) AS USED IN THIS SECTION, "ABSENT FROM SCHOOL WITHOUT 10 VALID EXCUSE" MEANS THAT THE CHILD DOES NOT ATTEND ON A SCHEDULED 11 SCHOOL DAY FOR A REASON OTHER THAN 1 OR MORE OF THE FOLLOWING: 12 (A) A LEGAL EXCUSE UNDER THIS ACT. 13 (B) AN EXCUSE AUTHORIZED BY THE SCHOOL'S POLICY. 14 (C) A VALID MEDICAL REASON. 15 (D) PERSONAL MATTERS INVOLVING THE CHILD'S FAMILY. 16 (E) SUSPENSION OR EXPULSION FROM SCHOOL. 17 (F) THE SCHOOL AND THE PARENT OR OTHER PERSON IN PARENTAL 18 RELATIONSHIP AGREE THAT IT IS NECESSARY OR APPROPRIATE FOR THE 19 CHILD TO BE ABSENT. 20 Sec. 1599. A parent or other person in parentalrelation21 RELATIONSHIP who fails to comply with this part is guilty of a 22 misdemeanor,punishable byaANY COMBINATION OF THE 23 FOLLOWING: 24 (A) A fine of not less than$5.00 nor more than$50.00,25or imprisonmentOR MORE THAN $500.00. 26 (B) IMPRISONMENT for not less than 2norDAYS OR more than 27 90 days., or both.H02634'99 * 5 1 (C) COMMUNITY SERVICE FOR NOT MORE THAN 50 HOURS. 2 Enacting section 1. This amendatory act does not take 3 effect unless all of the following bills of the 90th Legislature 4 are enacted into law: 5 (a) Senate Bill No. _____ or House Bill No. 5200 (request 6 no. H02633'99 *). 7 (b) Senate Bill No. _____ or House Bill No. 5199 (request 8 no. H02634'99 a *). H02634'99 * Final page. DAM