House Introduced Bill 5721

HOUSE BILL No. 5721


     February 21, 2002, Introduced by Rep. Kuipers and referred to the Committee on House Oversight and Operations.


        A bill to amend 1893 PA 123, entitled

   "An act to provide for the maintenance, supervision and govern-
   ment of the Michigan school for the blind, and to repeal all acts
   and parts of acts inconsistent herewith,"

   by amending sections 9 and 10 (MCL 393.109 and 393.110).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 9.  (1)  It shall be the duty of the  THE secretary of

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        state  to make out and forward  SHALL PROVIDE to the superinten-

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        dent of the Michigan school for the blind, on or before the first

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        day of November in each year, on blanks prepared for that pur-

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        pose, a copy in detail of  so much of the  statistical informa-

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        tion received by  him  THE SECRETARY OF STATE by virtue of any

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        law of this state as relates to the blind.   It shall be the duty

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        of each  EACH school census enumerator provided for in the

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        general school laws of  the  THIS state, within the  district,

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        ward, or portion thereof,  TERRITORY allotted to him OR HER,  to


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        SHALL procure the name, age, residence, and the name and

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        residence of the parents or guardians or persons in control or in

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        charge of each blind child, and of each child whose vision is so

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        defective as to make it impossible to properly educate such child

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        in the public schools, between the ages of 7 and 19 years.

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             (2)  (a)  The  said  SCHOOL CENSUS enumerators, in addition

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        to their duties now prescribed in the general school laws, shall

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        make a list of the names of all blind children, or children whose

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        vision is so defective as to make it impossible to properly edu-

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        cate them in the public schools, together with the data herein

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        authorized to be secured.  , which  THE list shall be verified by

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        oath or affirmation of the person taking  such  THE census, by

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        affidavit appended thereto, or inserted thereon, setting forth

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        that it is a correct list of the names of all the children herein

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        designated, residing within  the  THAT PERSON'S particular

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         school district, ward, or portion thereof  TERRITORY.   Said

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        THE affidavit may be made before the township clerk or any other

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        officer authorized by law to take acknowledgments.  Blanks for

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        this purpose shall be furnished by the department of  public

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        instruction  EDUCATION to the secretary of every school board

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        within the state.  The  said  list shall, after it has been prop-

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        erly verified, and within the time prescribed by the general

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        school laws for the filing of census lists, be forwarded by the

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        secretaries of the  said  school boards to the superintendent of

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        public instruction and a copy  thereof  shall be filed with the

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        proper officer of the township or city, as the case may be.  The

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         said  superintendent of public instruction shall, immediately



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        upon receipt of the various lists, prepare and tabulate a report

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        containing the name, age, and residence of each blind child, and

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        each child whose vision is so defective as to make it impossible

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        for it to be properly educated in the schools for the seeing

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        within this state, together with the names and residences of the

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        parents, guardian, or person having the control of any such

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        child,  which report shall be forwarded  AND SHALL FORWARD THIS

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        REPORT to the superintendent of the Michigan school for the

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        blind.

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             (3)  (b) It shall be the duty of every  A parent, guardian,

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        or other person  ,  having control or charge of any child  or

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        children in the state of Michigan  IN THIS STATE, between the

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        ages of 7 and 19 years who  are  IS blind, or whose vision is so

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        defective as to make it impossible to have them properly educated

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        in the schools for the seeing,  to  SHALL send  such  THE child

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         , or children,  to the Michigan school for the blind, to be

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        received at that school in accordance with the provisions of  the

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        statute,  THIS ACT and the rules and regulations which are or may

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        be prescribed by the board of control.  of said school:

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        Provided, That the parents  HOWEVER, A PARENT, guardian, or

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        person having control of any such child  shall not be  IS NOT

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        required to send  them  THE CHILD to the Michigan school for the

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        blind  when they come within any 1 of the following classes  IF

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        THE CHILD MEETS ANY OF THE FOLLOWING:

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             (A)  (1) Any  THE child  or children  IS being educated in

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         any  A private or parochial school.  ;





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             (B)  (2) Any  THE child  or children  IS physically or

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        mentally incompetent of being educated.  ;

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             (C)  (3) Any  THE child  or children  IS over the age of 17

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        years  who have  AND HAS been taught and  are  IS employed and

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         are  working at a trade.  ;

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             (D)  (4) Any  THE child  or children of the  IS AT LEAST age

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         of  18 years AND IS employed at the Michigan employment institu-

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        tion for the blind.

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             (4)  (c) It shall be the duty of the  THE superintendent of

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        the Michigan school for the blind  to  SHALL furnish to the

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         county commissioner of schools of every county, and to the  sec-

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        retary of  the  EACH LOCAL AND INTERMEDIATE school board  in

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        every city or village,  a list of the names of  such  children

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        within  such county, city or village, as come within the provi-

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        sions of  THE LOCAL OR INTERMEDIATE SCHOOL DISTRICT WHO ARE

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        SUBJECT TO this act.  Each truant officer shall, when notified by

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        the board of control, or by the superintendent of the Michigan

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        school for the blind, or by anyone appointed or designated by

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        them, or by the  county commissioner of schools,  INTERMEDIATE

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        SCHOOL DISTRICT that there are within  such village, city or

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        county, as the case may be,  THE LOCAL OR INTERMEDIATE SCHOOL

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        BOARD children who  come within the provisions of  ARE SUBJECT TO

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        this act, investigate all such cases and report the conditions

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        found to exist to the superintendent of the Michigan school for

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        the blind and the  commissioners of schools of the county

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        INTERMEDIATE SCHOOL BOARD.  The superintendent of the Michigan

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        school for the blind shall, upon receipt of such report from any



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        truant officer, determine whether or not the children in question

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        are  included within the provisions of  SUBJECT TO this act, and

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        if in his OR HER judgment  such  THE children are  included

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        within the provisions of  SUBJECT TO this act, and are not

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        included within the exempted classes named  herein, he  IN SUB-

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        SECTION (3), shall notify the proper truant officer, who, upon

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        receipt of  such  THE notice, shall take  such  THE steps against

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        the  parents  PARENT, guardian, or other person having charge or

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        control of  any such  THE child or children  ,  to enforce
     the

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        provisions of  this act, as are now prescribed in  Act 200 of the

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        Public Acts of 1905, as amended, relative to compulsory education

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        under the general school law  PART 24 OF THE REVISED SCHOOL CODE,

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        1976 PA 451, MCL 380.1561 TO 380.1599.

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             (5)  (d) In case when such  IF A parent, guardian, or other

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        person, on account of indigent circumstances,  are  IS unable to

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        furnish  such  A child or children with transportation to and

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        from  such  THE MICHIGAN school FOR THE BLIND, the board of

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        trustees of the Michigan school for the blind shall provide

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         such  transportation each year, and the  said  board of trustees

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        may include therewith transportation for such parent, guardian,

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        or other person to  said  AND FROM THE school  and return, when

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        IF the child is under 12 years of age.  , and for that  FOR THIS

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        purpose, THE BOARD OF CONTROL may issue a certificate  directed

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        to the  auditor general  STATE TREASURER that said amount is nec-

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        essary for the benefit of such individuals.  , who  THE STATE

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        TREASURER shall draw his OR HER warrant  upon the state

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        treasurer  therefor, and any such sums are hereby appropriated,



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        and shall be paid out of any  moneys  MONEY in the general fund

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         ,  not otherwise appropriated, and the  auditor general  STATE

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        TREASURER shall charge all  such moneys,  MONEY so drawn  ,  to

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        the county of which  such  THE parent, guardian, or other person

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        is a resident, or to which he or she shall belong, to be col-

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        lected and returned to the general fund, the same as any state

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        taxes are required to be by law.

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             (6)  (e)  Anyone refusing to comply with any of the provi-

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        sions of this act, and any parent, guardian, or other person who

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         shall wilfully refuse  WILLFULLY REFUSES to send any  children

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        coming within the provisions of  CHILD SUBJECT TO this act and

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        not herein expressly exempted  ,  to the Michigan school for the

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        blind, or who  shall detain any such children  DETAINS ANY CHILD

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        who should be in attendance at  said  THE school,  shall, upon

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        conviction by any court of competent authority, be deemed  IS

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        guilty of a misdemeanor and shall be subject to  such  THE penal-

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        ties  as are  prescribed in  said Act 200 of the Public Acts of

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        1905 as amended for the violation of any of its provisions.  All

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        provisions of said Act 200 of the Public Acts of 1905 are made

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        applicable hereto except in so far as they may be inconsistent

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        herewith  PART 24 OF THE REVISED SCHOOL CODE, 1976 PA 451, MCL

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        380.1561 TO 380.1599.

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             Sec. 10.   In all cases where persons, residents of this

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        state, who are blind, but who, on account of poverty, are  IF A

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        RESIDENT OF THIS STATE WHO IS BLIND IS FINANCIALLY unable to fur-

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        nish  themselves  HIMSELF OR HERSELF with suitable clothing and

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        other necessary expenses for attending school at the Michigan



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        school for the blind, the board of control  shall have

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        discretionary power to render them such  MAY PROVIDE FINANCIAL

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        assistance, not exceeding  50 dollars  $50.00 per annum for each

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        person, and for that purpose may issue a certificate, directed to

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        the  auditor general  STATE TREASURER, that such amount is neces-

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        sary for the benefit of  such individuals, who  THE PERSON.  THE

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        STATE TREASURER shall draw his OR HER warrant  upon the state

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        treasurer therefor; and any such  FOR THAT SUM.  THESE sums  as

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        are hereby appropriated  ,  AND shall be paid out of any  moneys

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        MONEY in the general fund not otherwise appropriated, and the

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         auditor general  STATE TREASURER shall charge all such  moneys

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        so  MONEY drawn to the county of which  such  THE person is a

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        resident, or to which he or she belongs, to be collected and

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        returned to the general fund, as any state taxes are required to

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        be by law.



























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