HB-5478, As Passed House, May 20, 2004

SUBSTITUTE FOR

HOUSE BILL NO. 5478

                                                                             A bill to amend 1979 PA 94, entitled                                              

"The state school aid act of 1979,"                                         

by amending section 166a (MCL 388.1766a), as amended by 2003 PA             

158.                                                                        

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 166a.  (1) In order to avoid forfeiture of state aid                   

2   under subsection (2), the board of a district or intermediate               

3   district providing a reproductive health or other sex education             

4   instruction class under section 1169, 1506, or 1507 of the                

5   revised school code, MCL 380.1169, 380.1506, and 380.1507, or               

6   under any other provision of law, shall ensure that all of the              

7   following are met:                                                          

8       (a) That the district or intermediate district does not                     

9   provide  any of the instruction the class to a pupil who is less           

10  than 18 years of age unless the district or intermediate district           

House Bill No. 5478 (H-4) as amended May 20, 2004                           

1   notifies the pupil's parent or legal guardian in advance of the             

2   instruction class and the content of the  instruction class,             

3   gives the pupil's parent or legal guardian a prior opportunity to           

4   review the materials to be used in the  instruction class,                 

5   allows the pupil's parent or legal guardian to observe the                  

6   instruction class, and notifies the pupil's parent or legal               

7   guardian in advance of his or her rights to observe the                     

8   instruction class and to have the pupil excused from the                  

9   instruction class.  [If a class is part of a course, then the requirements of this subsection may be met for the entire course by notifying the pupil's parent or guardian in advance of the course and the content of the course, giving the pupil's parent or guardian a prior opportunity to review the materials to be used in the course, and notifying the pupil's parent or guardian of his or her right to observe instruction in the course and to have the pupil excused from the course.]

10      (b) That, upon the written request of a pupil's parent or                   

11  legal guardian or of a pupil if the pupil is at least age 18, the           

12  pupil shall be excused, without penalty or loss of academic                 

13  credit, from attending the class.  sessions in which the                    

14  instruction is provided.

15      (c) That the sex education  instruction class [or course, as applicable,] includes                                                                        

16  age-appropriate information clearly informing pupils at 1 or more           

17  age-appropriate grade levels that having sex or sexual contact              

18  with an individual under the age of 16 is a crime punishable by             

19  imprisonment, and that 1 of the other results of being convicted            

20  of this crime is to be listed on the sex offender registry on the           

21  internet for at least 25 years.                                             

22  (2) If a parent or legal guardian of a pupil enrolled in a                  

23  district or intermediate district believes that the district or             

24  intermediate district has violated this section or section 1169,            

25  1506, or 1507 of the revised school code, MCL 380.1169, 380.1506,           

26  and 380.1507, he or she may file a complaint with the                       

27  superintendent or chief administrator of the district or                    

1   intermediate district in which the pupil is enrolled.  Upon                 

2   receipt of the complaint, the superintendent or chief                       

3   administrator of the district or intermediate district shall                

4   investigate the complaint and, within 30 days after the date of             

5   the complaint, provide a written report of his or her findings to           

6   the parent or legal guardian who filed the complaint and to the             

7   superintendent of public instruction.  If the investigation                 

8   reveals that 1 or more violations have occurred, the written                

9   report shall contain a description of each violation and of                 

10  corrective action the district or intermediate district will take           

11  to correct the situation to ensure that there is no further                 

12  violation.  The district or intermediate district shall take the            

13  corrective action described in the written report within 30 days            

14  after the date of the written report.                                       

15      (3) If a parent who has filed a complaint with a district                   

16  under subsection (2) believes that the district is still not in             

17  compliance with law based on the findings made by the                       

18  superintendent or chief administrator of the district, the parent           

19  may appeal the findings to the intermediate district in which the           

20  district is located.  If there is an appeal to an intermediate              

21  district under this subsection, the intermediate superintendent             

22  of the intermediate district shall investigate the complaint and,           

23  within 30 days after the date of the appeal, provide a written              

24  report of his or her findings to the parent or legal guardian who           

25  filed the appeal and to the superintendent of public                        

26  instruction.  If the investigation by the intermediate                      

27  superintendent reveals that 1 or more violations have occurred,             

1   the intermediate superintendent in consultation with the local              

2   district shall develop a plan for corrective action for the                 

3   district to take to correct the situation to ensure that there is           

4   no further violation, and shall include this plan for corrective            

5   action with the written report provided to the parent or legal              

6   guardian and the superintendent of public instruction.  The                 

7   district shall take the corrective action described in the plan             

8   within 30 days after the date of the written report.                        

9       (4) If a parent who has filed a complaint with an                           

10  intermediate district under subsection (2) or a parent who has              

11  filed an appeal with an intermediate district under subsection              

12  (3) believes that the district or intermediate district is still            

13  not in compliance with law based on the findings made by the                

14  intermediate superintendent of the intermediate district, the               

15  parent may appeal the findings to the department.  If there is an           

16  appeal to the department under this subsection, the department              

17  shall investigate the complaint and, within 90 days after the               

18  date of the appeal, provide a written report of its findings to             

19  the parent or legal guardian who filed the appeal, to the                   

20  superintendent of public instruction, and to the district and               

21  intermediate district.  If the department finds 1 or more                   

22  violations as a result of its investigation, then all of the                

23  following apply:                                                            

24      (a) The department shall develop a plan for corrective action               

25  for the district or intermediate district to take to correct the            

26  situation to ensure that there is no further violation, and shall           

27  include this plan for corrective action with the written report             

1   provided to the parent or legal guardian, the superintendent of             

2   public instruction, and the district or intermediate district.              

3   The district or intermediate district shall take the corrective             

4   action described in the plan within 30 days after the date of the           

5   written report.                                                             

6       (b) In addition to withholding the percentage of state school               

7   aid forfeited by the district or intermediate district under                

8   subsection (5), the department may assess a fee to the district             

9   or intermediate district that committed the violation in an                 

10  amount not to exceed the actual cost to the department of                   

11  conducting the investigation and making the reports required                

12  under this subsection.                                                      

13      (5)  (2) A If an investigation conducted by the department                 

14  under subsection (4) reveals that a district or intermediate                

15  district  that does not comply with has committed 1 or more                

16  violations of this section or section 1169, 1506, or 1507 of the            

17  revised school code, MCL 380.1169, 380.1506, and 380.1507, the              

18  district or intermediate district shall forfeit  5% an amount              

19  equal to 1% of its total state school aid allocation under this             

20  act.                                                                        

21  (6) The department, with the approval of the superintendent                 

22  of public instruction, shall establish a reasonable process for a           

23  complainant to appeal to the department under subsection (4).               

24  The process shall not place an undue burden on the complainant,             

25  the district or intermediate district, or the department.                   

26      (7) The department shall track the number of complaints and                 

27  appeals it receives under this section for the 2004-2005 school             

House Bill No. 5478 (H-4) as amended May 20, 2004

1   year and, not later than the end of that school year, shall                 

2   submit a report to the standing committees and appropriations               

3   subcommittees of the legislature having jurisdiction over                   

4   education legislation and state school aid that details the                 

5   number and nature of those complaints and appeals and the cost to           

6   the department of handling them.                                            

7       (8) As used in this section, "class" [and "course" mean those terms] as     

8   defined in section 1507 of the revised school code, MCL 380.1507.

9       Enacting section 1.  This amendatory act does not take                      

10  effect unless Senate Bill No. 943 of the 92nd Legislature is                

11  enacted into law.