May 6, 2014, Introduced by Senators HILDENBRAND and MARLEAU and referred to the Committee on Education.
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending section 109 (MCL 388.1709), as amended by 2011 PA 62.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 109. (1) Subject to subsection (2), in order to receive
funds under this article, each district or intermediate district
shall provide appropriate instructional services, as determined by
the district or intermediate district, to an enrolled pupil who is
certified by the pupil's attending physician as having a medical
condition that requires the pupil to be hospitalized or confined to
his or her home during regular school hours and that is expected to
require the hospitalization or confinement for a period longer than
5
school days. The Subject
to subsection (4), the district or
intermediate district may provide the services itself or may
contract with an intermediate district, a hospital, a treatment
center, or another district to provide the services. In choosing a
provider for the instructional services, the district or
intermediate district shall consider which of those potential
providers is best able to deliver the appropriate instructional
services. The district or intermediate district shall pay
reasonable costs as agreed upon between the district or
intermediate district and the provider for services provided to a
pupil under this section.
(2) A district or intermediate district is required to provide
instructional services under subsection (1) to a pupil placed in a
hospital, treatment center, or other treatment facility without the
district's or intermediate district's prior knowledge only if the
district or intermediate district is notified of the pupil's
placement by the hospital, treatment center, facility, or the
pupil's parent or legal guardian. Upon being notified, the district
or intermediate district shall make arrangements to provide
instructional services under subsection (1) within 3 school days
after being notified. If a district fails to make arrangements to
provide instructional services under subsection (1) within this
time period, the pupil's parent or legal guardian may petition the
department to have those services provided by another provider of
the parent's or legal guardian's choosing.
(3) Not later than October 15 of each odd-numbered year, the
department shall prepare and distribute electronically to each
district and intermediate district and make available on its
website an explanation of the operation of this section and the
respective duties of all affected parties. The department shall
provide a copy of the explanation electronically to any other
person upon request.
(4) If a pupil who meets the requirements of subsection (1) is
hospitalized or otherwise committed to a medical facility that
provides on-site educational services instructed by individuals who
are certified teachers in this state and are qualified to provide
educational services for youth in the care of the medical facility,
then the district or intermediate district shall contract with that
medical facility to provide educational services for that pupil.