HOUSE BILL No. 5124

 

August 22, 2007, Introduced by Reps. Sak, Dean, Cheeks and Virgil Smith and referred to the Committee on Education.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending section 1146 (MCL 380.1146), as amended by 2006 PA 303.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1146. (1) Except as otherwise provided under subsection

 

(2) and section 475, a separate school or department shall not be

 

kept for a person on account of race, color, or gender. This

 

section shall not be construed to prevent the grading of schools

 

according to the intellectual progress of the pupil to be taught in

 

separate places as may be considered expedient.

 

     (2) Subject to subsection (3), the board of a school district

 

or intermediate school district or board of directors of a public

 

school academy may establish and maintain a school, class, or

 

program within a school in which enrollment is limited to pupils of

 

a single gender if the school district, intermediate school

 


district, or public school academy makes available to pupils a

 

substantially equal coeducational school, class, or program. and a

 

substantially equal school, class, or program for pupils of the

 

other gender.

 

     (3) If the board of a school district or intermediate school

 

district or board of directors of a public school academy

 

establishes a single-gender school, class, or program described in

 

subsection (1), the school district, intermediate school district,

 

or public school academy shall not require participation by any of

 

its pupils in the single-gender school, class, or program. The

 

board or board of directors shall ensure that participation by

 

pupils in a single-gender school, class, or program is wholly

 

voluntary. For the purposes of this subsection, participation by a

 

pupil in a single-gender school, class, or program is not

 

considered to be voluntary unless the school district, intermediate

 

school district, or public school academy also makes available to

 

the pupil a substantially equal coeducational school, class, or

 

program.