HB-4975, As Passed House, December 2, 2004

SUBSTITUTE FOR

HOUSE BILL NO. 4975

                                                                             A bill to amend 1976 PA 451, entitled                                             

"The revised school code,"                                                  

by amending section 1135 (MCL 380.1135), as added by 1987 PA 84.            

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 1135.  (1) Upon enrollment of a student for the first                  

2   time in a local or intermediate school district or a public                 

3   school academy, the school district or public school academy

4   shall notify in writing the person enrolling the student that               

5   within 30 days he or she shall provide to the local or                      

6   intermediate school district or public school academy either of             

7   the following:                                                              

8       (a) A certified copy of the student's birth certificate.                    

9       (b) Other reliable proof, as determined by the school                       

10  district or public school academy, of the student's identity and            

11  age, and an affidavit explaining the inability to produce a copy            

1   of the birth certificate.                                                   

2       (2) If a person enrolling a student fails to comply with                    

3   subsection (1), the local or intermediate school district or                

4   public school academy shall notify the person enrolling the                 

5   student in writing that, unless he or she complies within 30 days           

6   after the notification, the case shall be referred to the local             

7   law enforcement agency for investigation.  If the person                    

8   enrolling the student fails to comply within that 30-day period,            

9   the local or intermediate school district or public school                  

10  academy shall notify the local law enforcement agency.                      

11      (3)  The A local or intermediate school district or public                 

12  school academy shall immediately report to the local law                    

13  enforcement agency any affidavit received pursuant to this                  

14  section that appears inaccurate or suspicious in form or                    

15  content.                                                                    

16      (4) Within 14 days after enrolling a transfer student,  the

17  a school district, intermediate school district, public school              

18  academy, or nonpublic school shall request in writing directly              

19  from the student's previous school a copy of his or her school              

20  record.  Any school district, intermediate school district,                 

21  public school academy, or nonpublic school that compiles                    

22  records a school record for each student  in the school  and              

23  that is requested to forward a copy of a transferring student's             

24  school record to the new school shall comply within 30 days after           

25  receipt of the request unless the school record has been tagged             

26  pursuant to section 1134.  If a  student student's school record           

27  has been tagged pursuant to section 1134, a copy of the  student

1   student's school record shall not be forwarded, and the requested           

2   school shall notify the law enforcement agency that notified the            

3   school district of the missing student pursuant to section 8 of             

4   Act No. 319 of the Public Acts of 1968, being section 28.258 of            

5   the Michigan Compiled Laws 1968 PA 319, MCL 28.258, of the                 

6   request.                                                                    

7       (5) A local or intermediate school district shall not                       

8   disclose any personally identifiable information contained in a             

9   student student's school record to a law enforcement agency,              

10  except in compliance with the family educational rights and                 

11  privacy act, 20  U.S.C. USC 1232g.                                         

12  (6) As used in this section, "school record" includes, but is               

13  not limited to, the following records maintained by a school                

14  district, intermediate school district, public school academy, or           

15  nonpublic school regarding a specific student:                              

16      (a) Attendance record or summary.                                           

17      (b) Academic record showing grades completed and courses                    

18  passed.                                                                     

19      (c) Disciplinary record that includes all final, pending, and               

20  initiated suspensions or expulsions; a description of the primary           

21  incident or incidents that led to each suspension or expulsion;             

22  the date when each of these incidents occurred; and any other               

23  information that is related to the suspension or expulsion and is           

24  considered appropriate by school officials of the school from               

25  which the student is transferring.  The information required by             

26  this subdivision may be presented in summary form.                          

27      (d) Health records and information that are part of the                     

1   student's education record.                                                 

2   (e) The student's current individualized education program,                 

3   if any.