May 26, 2015, Introduced by Reps. Derek Miller, Chirkun, Chang, Love, Neeley and Plawecki and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1135 (MCL 380.1135), as added by 1987 PA 84.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1135. (1) Upon enrollment of a student for the first time
in
a local school district,
public school academy, or intermediate
school district, the school district, public school academy, or
intermediate school district shall notify in writing the person
enrolling the student that within 30 days he or she shall provide
to
the local school district,
public school academy, or
intermediate school district either of the following:
(a) A certified copy of the student's birth certificate.
(b) Other reliable proof, as determined by the school
district, public school academy, or intermediate school district,
of the student's identity and age, and an affidavit explaining the
inability to produce a copy of the birth certificate.
(2) If a person enrolling a student fails to comply with
subsection
(1), the local school
district, public school academy,
or intermediate school district shall notify the person enrolling
the student in writing that, unless he or she complies within 30
days after the notification, the case shall be referred to the
local law enforcement agency for investigation. If the person
enrolling the student fails to comply within that 30-day period,
the
local school district,
public school academy, or intermediate
school district shall notify the local law enforcement agency.
(3)
The local A school
district, public school academy, or
intermediate school district shall immediately report to the local
law
enforcement agency any affidavit received pursuant to under
this section that appears inaccurate or suspicious in form or
content.
(4) Within 14 days after enrolling a transfer student, the
school in which the student enrolls shall request in writing
directly from the student's previous school a copy of his or her
school record. Any school that compiles records for each student in
the school and that is requested to forward a copy of a
transferring student's record to the new school shall comply within
30 days after receipt of the request unless the record has been
tagged
pursuant to under section 1134. If a student record has been
tagged
pursuant to under section 1134, a copy of the student record
shall not be forwarded, and the requested school shall notify the
law enforcement agency that notified the school district, public
school academy, or intermediate school district of the missing
student
pursuant to under section 8 of Act No. 319 of the Public
Acts
of 1968, being section 28.258 of the Michigan Compiled Laws,
1968 PA 319, MCL 28.258, of the request.
(5) If a student transfers away from a school operated by a
school district, public school academy, or intermediate school
district and the school does not receive a request for the
student's school record within 14 days after the date the student
transfers, the school from which the student transferred shall
immediately notify the local law enforcement agency and the
department. A local law enforcement agency or the department
receiving a notification under this subsection shall investigate
the situation to determine the child's well-being.
(6) (5)
A local school district, public school academy, or
intermediate school district shall not disclose any personally
identifiable information contained in a student record to a law
enforcement
agency, except in compliance with the family
educational
rights and privacy act, 20 U.S.C. 1232g.20 USC 1232g,
commonly referred to as the family educational rights and privacy
act.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.