HOUSE BILL No. 4177


     February 13, 2001, Introduced by Reps. Basham and Hardman and referred to the Committee on Education.


        A bill to amend 1976 PA 451, entitled

   "The revised school code,"

   by amending sections 1588 and 1599 (MCL 380.1588 and 380.1599)

   and by adding section 1580.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1
           SEC. 1580.  (1) BEGINNING IN THE 2001-2002 SCHOOL YEAR, THE

 2
      PARENT OR OTHER PERSON IN PARENTAL RELATION OF A CHILD REQUIRED

 3
      TO ATTEND SCHOOL UNDER THIS PART SHALL ENSURE THAT THE CHILD IS

 4
      NOT ABSENT FROM SCHOOL WITHOUT VALID EXCUSE, AS DEFINED IN THE

 5
      POLICY ESTABLISHED UNDER SUBSECTION (2), FOR MORE THAN 5 DAYS IN

 6
      A SEMESTER.  IF A CHILD IS ABSENT FROM SCHOOL WITHOUT VALID

 7
      EXCUSE FOR MORE THAN 5 DAYS IN A SEMESTER IN VIOLATION OF THIS

 8
      SECTION, THE CHILD IS SUBJECT TO THE FILING OF A PETITION WITH

 9
      THE FAMILY DIVISION OF CIRCUIT COURT AS REQUIRED UNDER SECTION




   02465'01                                                 TAV                                   2

 1
      1588 AND THE CHILD'S PARENT OR OTHER PERSON IN PARENTAL RELATION

 2
      IS SUBJECT TO THE PENALTIES UNDER SECTION 1599.

 3
           (2) NOT LATER THAN JULY 1, 2001, THE BOARD OF EACH SCHOOL

 4
      DISTRICT, THE BOARD OF DIRECTORS OF EACH PUBLIC SCHOOL ACADEMY,

 5
      AND THE INTERMEDIATE SCHOOL BOARD OF EACH INTERMEDIATE SCHOOL

 6
      DISTRICT SHALL DEVELOP AND ADOPT A POLICY DEFINING AN ABSENCE

 7
      FROM SCHOOL WITHOUT VALID EXCUSE FOR THE PURPOSES OF THIS

 8
      SECTION.  THE BOARD, BOARD OF DIRECTORS, OR INTERMEDIATE SCHOOL

 9
      BOARD SHALL DISTRIBUTE THIS POLICY TO EACH PUPIL'S PARENT OR

10
      OTHER PERSON IN PARENTAL RELATION AT THE BEGINNING OF EACH SCHOOL

11
      YEAR AND SHALL MAKE THE POLICY AVAILABLE AT EACH SCHOOL AT OTHER

12
      TIMES.  THE DISTRIBUTION REQUIRED UNDER THIS SUBSECTION MAY BE

13
      MADE BY INCLUDING THE POLICY IN A STUDENT HANDBOOK OR SIMILAR

14
      PUBLICATION THAT IS DISTRIBUTED TO PARENTS EACH SCHOOL YEAR.

15
           Sec. 1588.  (1) The attendance officer, after giving the

16
      formal notice prescribed in section 1587, shall determine whether

17
      the parent or other person in parental relation has complied with

18
      the notice.   The

19
           (2) IF THE ATTENDANCE OFFICER DETERMINES THAT A PARENT HAS

20
      NOT COMPLIED WITH THE NOTICE UNDER SECTION 1587 OR DETERMINES

21
      THAT THERE IS A VIOLATION OF SECTION 1580, THE attendance officer

22
      shall  make  DO BOTH OF THE FOLLOWING:

23
           (A) MAKE a complaint against the parent or other person in

24
      parental relation having the legal charge and control of the

25
      child who fails to comply, OR WHO HAS VIOLATED SECTION 1580, to

26
      the court having jurisdiction in the county of residence for

27
      refusal or neglect to send the child to school.  The court shall



   02465'01                                   3

 1
      issue a warrant upon the complaint and shall proceed to hear and

 2
      determine it in the same manner as is provided for other cases

 3
      under its jurisdiction.

 4
           (B) FILE A PETITION WITH THE FAMILY DIVISION OF CIRCUIT

 5
      COURT ALLEGING THAT THE CHILD IS WITHIN THE COURT'S JURISDICTION

 6
      UNDER SECTION 2(A)(3), 2(A)(4), OR 2(A)(5) OF CHAPTER XIIA OF THE

 7
      PROBATE CODE OF 1939, 1939 PA 288, MCL 712A.2, AS APPLICABLE.

 8
           Sec. 1599.  (1)  A  EXCEPT AS OTHERWISE PROVIDED IN SUBSEC-

 9
      TION (2), A parent or other person in parental relation who fails

10
      to comply with this part is guilty of a misdemeanor, punishable

11
      by a fine of not less than $5.00  nor  OR more than $50.00, or

12
      imprisonment for not less than 2  nor  DAYS OR more than 90 days,

13
      or both.

14
           (2) IF A PARENT OR OTHER PERSON IN PARENTAL RELATION IS CON-

15
      VICTED OF A VIOLATION OF SUBSECTION (1) BECAUSE THE CHILD IS

16
      ABSENT FROM SCHOOL WITHOUT VALID EXCUSE FOR MORE THAN 5 DAYS IN A

17
      SEMESTER IN VIOLATION OF SECTION 1580, IN ADDITION TO THE PENAL-

18
      TIES PROVIDED UNDER SUBSECTION (1), THE COURT MAY ORDER THE

19
      PARENT OR OTHER PERSON IN PARENTAL RELATION TO PERFORM AT LEAST 4

20
      HOURS OF COMMUNITY SERVICE OR TO SERVE AT LEAST 4 HOURS OF DETEN-

21
      TION WITH THE CHILD AT THE CHILD'S SCHOOL.















   02465'01          Final page.                            TAV