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SB-0549, As Passed House, September 30, 2007

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 549

A bill to amend 1976 PA 451, entitled

"The revised school code,"

(MCL 380.1 to 380.1852) by adding section 1284a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1284a. (1) Not later than July 1, 2008, an intermediate

school district, in cooperation with its constituent districts,

shall adopt a common school calendar to apply to all of its

constituent districts and to its intermediate school district

programs. The intermediate school district shall post the common

school calendar on its website. The common school calendar shall

meet all of the following:

(a) Shall be in compliance with sections 1284 and 1284b.

(b) Shall identify the dates for each school year when school

will not be in session for a winter holiday break and a spring

break. The common school calendar shall identify these dates

specifically for at least the next 5 school years, but may describe

these dates more generally for school years thereafter as long as

the dates may be readily determined.

(2) Beginning with the 2008-2009 school year, except as

otherwise provided in this section, the board of each constituent

district and the intermediate school board shall ensure that its

school calendar complies with the common school calendar adopted

under subsection (1).

(3) In addition to the requirements under subsection (1), a

common school calendar adopted under subsection (1) is encouraged

to identify common dates for professional development days.

(4) If a collective bargaining agreement that provides a

complete school calendar is in effect for employees of a school

district or intermediate school district as of the effective date

of this section, and if that school calendar is not in compliance

with the common school calendar adopted under subsection (1), then

subsection (2) does not apply to that school district or

intermediate school district until after the expiration of that

collective bargaining agreement.

(5) If as of the effective date of this section an

intermediate school district or school district is operating a

year-round school or program or is operating a school that is an

international baccalaureate academy that provides 1,160 hours of

pupil instruction per school year, then subsection (2) does not

apply to that school or program. If after the effective date of

this section an intermediate school district or school district

begins operating a year-round school or program, the intermediate

school district or school district may apply to the superintendent

of public instruction for a waiver from the requirements of

subsection (2) for that school or program. The application shall be

in writing in the form and manner prescribed by the department and

shall provide justification for the school or program to operate on

a calendar that differs from the common school calendar adopted

under subsection (1). Upon application, if the superintendent of

public instruction determines that a school or program is a bona

fide year-round school or program established for educational

reasons and that there is sufficient justification for the school

or program to operate on a calendar that differs from the common

school calendar adopted under subsection (1), the superintendent of

public instruction shall grant the waiver. The superintendent of

public instruction shall establish standards for determining a bona

fide year-round school or program for the purposes of this

subsection.

(6) If an intermediate school district or school district is

operating or begins operating a school or program on a trimester

schedule, the intermediate school district or school district may

apply to the superintendent of public instruction for a waiver from

the requirements of subsection (2) for that school or program. The

application shall be in writing in the form and manner prescribed

by the department and shall provide justification for the school or

program to operate on a calendar that differs from the common

school calendar adopted under subsection (1). Upon application, if

the superintendent of public instruction determines that a school

or program is operating on a bona fide trimester schedule

established for educational reasons and that there is sufficient

justification for the school or program to operate on a calendar

that differs from the common school calendar adopted under

subsection (1), the superintendent of public instruction shall

grant the waiver. The superintendent of public instruction shall

establish standards for determining a bona fide trimester schedule

for the purposes of this subsection.

(7) This section does not apply to a public school that

operates all of grades 6 to 12 at a single site, that aligns its

high school curriculum with advanced placement courses as the

capstone of the curriculum, and that ends its second academic

semester concurrently with the end of the advanced placement

examination period.

(8) In addition to the other exceptions under this section,

the superintendent of public instruction may grant a waiver from a

requirement under this section for a school district that applies

for the waiver in writing in the form and manner prescribed by the

superintendent of public instruction and provides sufficient

justification for the waiver, as determined by the superintendent

of public instruction.

(9) As used in this section:

(a) "Board" means the board of a school district or board of

directors of a public school academy.

(b) "Constituent district" means a constituent district of the

intermediate school district or a public school academy that is

located within the boundaries of the intermediate school district

and that receives services from the intermediate school district.

school academy.

Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 94th Legislature are

enacted into law:

(a) House Bill No. 5194.

(b) House Bill No. 5198.