HB-4594, As Passed House, December 9, 2015HB-4594, As Passed Senate, December 9, 2015
May 13, 2015, Introduced by Reps. McBroom, Yonker, Garcia, Lyons, Muxlow, Kelly, Zemke, Kivela, Kosowski and Dianda 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 166b (MCL 388.1766b), as amended by 2012 PA
130.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 166b. (1) This act does not prohibit a parent or legal
guardian
of a minor who is enrolled in any of grades 1 kindergarten
to 12 in a nonpublic school or who is being home-schooled from also
enrolling the minor in a district, public school academy, or
intermediate district in any curricular offering that is provided
by the district, public school academy, or intermediate district at
a public school site and is available to pupils in the minor's
grade level or age group, subject to compliance with the same
requirements that apply to a full-time pupil's participation in the
offering. However, state school aid shall be provided under this
act for a minor enrolled as described in this subsection only for
curricular offerings that are offered to full-time pupils in the
minor's grade level or age group during regularly scheduled school
hours.
(2) This act does not prohibit a parent or legal guardian of a
minor
who is enrolled in any of grades 1 kindergarten to 12 in a
nonpublic school or who resides within the district and is being
home-schooled from also enrolling the minor in the district in a
curricular offering being provided by the district at the nonpublic
school site. However, state school aid shall be provided under this
act for a minor enrolled as described in this subsection only if
all of the following apply:
(a) Either of the following:
(i) The nonpublic school site is located, or the nonpublic
students are educated, within the geographic boundaries of the
district.
(ii) If the nonpublic school has submitted a written request to
the district in which the nonpublic school is located for the
district to provide certain instruction under this subsection for a
school year and the district does not agree to provide some or all
of that instruction by May 1 immediately preceding that school year
or, if the request is submitted after March 1 immediately preceding
that school year, within 60 days after the nonpublic school submits
the request, the instruction is instead provided by an eligible
other district. This subparagraph does not require a nonpublic
school to submit more than 1 request to the district in which the
nonpublic school is located for that district to provide
instruction under this subsection, and does not require a nonpublic
school to submit an additional request to the district in which the
nonpublic school is located for that district to provide additional
instruction under this subsection beyond the instruction requested
in the original request, before having the instruction provided by
an eligible other district. A public school academy that is located
in the district in which the nonpublic school is located or in an
other
eligible other district
also may provide instruction under
this subparagraph under the same conditions as an eligible other
district. As used in this subparagraph, "eligible other district"
means a district that is located in the same intermediate district
as the district in which the nonpublic school is located or is
located in an intermediate district that is contiguous to that
intermediate district.
(b) The nonpublic school is registered with the department as
a nonpublic school and meets all state reporting requirements for
nonpublic schools.
(c) The instruction is scheduled to occur during the regular
school day.
(d) The instruction is provided directly by a certified
teacher at the district or public school academy or at an
intermediate district.
(e) The curricular offering is also available to full-time
pupils in the minor's grade level or age group in the district or
public school academy during the regular school day at a public
school site.
(f) The curricular offering is restricted to nonessential
elective
courses for pupils in grades 1 kindergarten
to 12.
(3) A minor enrolled as described in this section is a part-
time pupil for purposes of state school aid under this act.
(4) A district that receives a written request to provide
instruction under subsection (2) shall reply to the request in
writing by May 1 immediately preceding the applicable school year
or, if the request is made after March 1 immediately preceding that
school year, within 60 days after the nonpublic school submits the
request. The written reply shall specify whether the district
agrees to provide or does not agree to provide the instruction for
each portion of instruction included in the request.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.