HOUSE BILL No. 5214

January 13, 2016, Introduced by Rep. Muxlow and referred to the Committee on Education.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending section 1284b (MCL 380.1284b), as amended by 2006 PA

 

235.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1284b. (1) Until subsection (2) applies to the school

 

district, public school academy, or intermediate school district,

 

Except as otherwise provided in this section, the board of a school

 

district or intermediate school district or board of directors of a

 

public school academy shall establish the school calendar for each

 

school year for the school district, intermediate school district,

 

or public school academy. The school calendar shall meet all of the

 

following:

 

     (a) In addition to the public holidays when school may not be

 

in session under section 1175, the school calendar shall ensure


that the district's or public school academy's schools are not in

 

session on the Friday before Labor day.Day, the Friday after

 

Thanksgiving Day, Good Friday, or the Monday after Easter.

 

     (b) The school calendar shall meet the requirements of section

 

1284 and under section 101 of the state school aid act of 1979, MCL

 

388.1701, regarding the minimum amount of pupil instruction during

 

each school year.

 

     (c) For a school district or intermediate school district, the

 

school calendar shall meet the requirements of section 1284a

 

regarding a common school calendar among the constituent districts

 

of an intermediate school district.

 

     (2) Except as otherwise provided in this section, the board of

 

a school district or intermediate school district or board of

 

directors of a public school academy shall ensure that the

 

district's or public school academy's school year does not begin

 

before Labor day.

 

     (2) (3) If a collective bargaining agreement that provides a

 

complete school calendar is in effect for employees of a school

 

district, public school academy, or intermediate school district as

 

of the effective date of the amendatory act that added subsection

 

(2), subdivisions (b) and (c) to subsection (1), and if that school

 

calendar is not in compliance with subsection (2), (1), then

 

subsection (2) does the 2016 amendments to subsection (1) do not

 

apply to that school district, public school academy, or

 

intermediate school district until after the expiration of that

 

collective bargaining agreement.

 

     (4) If a school district, intermediate school district, or

 


public school academy is operating a year-round school or program

 

as of September 29, 2005 or is operating as of that date 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 a school district,

 

intermediate school district, or public school academy begins

 

operating a year-round school or program after September 29, 2005,

 

the school district, intermediate school district, or public school

 

academy may apply to the superintendent of public instruction for a

 

waiver from the requirements of subsection (2). 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, 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.

 

     (5) If an intermediate school district contracts with a

 

constituent district or public school academy to provide programs

 

or services for pupils of the constituent district or public school

 

academy; operates a program or service within a building owned by a

 

constituent district or a public school academy located within the

 

intermediate school district's boundaries; or otherwise provides

 

instructional programs or services for pupils of a constituent

 

district or public school academy, and if the school district's or

 

public school academy's school year begins before Labor day under

 

subsection (3) or (4), then the intermediate school district may

 

provide programs or services according to the school district's or

 


public school academy's calendar.

 

     (6) 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.

 

     (3) (7) This section does not prohibit a school district,

 

intermediate school district, or public school academy from

 

offering or requiring professional development for its personnel

 

that is conducted before Labor day.Day.

 

     (4) (8) As used in this section, "Labor day" Day" means the

 

first Monday in September.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.