SB-0104, As Passed Senate, May 18, 2017

SUBSTITUTE FOR

SENATE BILL NO. 104

     A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending section 1586 (MCL 380.1586).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1586. (1) The attendance officer or designated school

official shall investigate each case of nonattendance at school

when notified by a teacher, school district superintendent,

intermediate superintendent, or other person of a violation of this

part. If the child complained of is not exempt from public school

attendance under the conditions listed in section 1561, the

attendance officer or designated school official shall proceed

immediately in the manner provided in this part.

     (2) If a child is repeatedly absent from school without valid

excuse, truant or chronically absent, or is failing in schoolwork

or gives evidence of behavior problems, and attempts to confer with

the parent or other person in parental relationship to the child

fail, the school district superintendent, of schools, or the

intermediate superintendent in a district which that does not

employ a superintendent, may shall request the attendance officer

or designated school official to notify the parent or other person

in parental relationship by registered mail to come to the school

or to a place designated at a time specified to discuss the child's

irregularity in attendance, failing work, or behavior problems with

the proper school authorities. However, the superintendent, or the

intermediate superintendent in a district that does not employ a

superintendent, may consider the reason or reasons for a child's

absence, if available, and whether a lesser intervention would be

likely to properly address the situation before requiring a meeting

under this subsection. If a meeting is held under this subsection,

then at this meeting, school officials shall offer an attendance

agreement that requires the child to resume regular and consecutive

attendance, shall discuss consequences that will occur if the

attendance issue is not resolved, and may offer interventions as

available, including, but not limited to, mental health screening,

problem solving, tutoring, and mentoring. School officials shall

ensure that each of the child's teachers is provided with a copy of

the letter and attendance agreement so that they can monitor and

report attendance.

     (3) If school officials determine that the attendance issue

involved in the meeting under subsection (2) is not resolved or if

the child continues to be chronically absent, the attendance

officer or designated school official may provide or pursue

appropriate interventions. If these further interventions do not

resolve the attendance issue, the attendance officer or designated

school official shall pursue the appropriate court intervention,

which may include any of the following:

     (a) Requesting a truancy conference in the juvenile court with

the parent or other person in parental relationship to the child

and with the child if the child is age 12 or older.

     (b) Filing a truancy petition in the juvenile court.

     (c) Referring the matter to the prosecuting attorney for

review and appropriate action.

(4) (3) The superintendent, or the teacher in a district which

that does not employ a superintendent, shall provide information

concerning the nonattendance of each nonresident pupil to the

intermediate superintendent of the intermediate school district in

which the nonresident pupil resides. The intermediate attendance

officer, when notified by the intermediate superintendent or school

district superintendent, of schools, shall investigate and proceed

in all cases of nonattendance of nonresident pupils in the same

manner provided in this part for enforcing attendance of pupils

attending schools in districts in which they reside.

     (5) As used in this section, "chronically absent" and "truant"

mean those terms as defined in section 1561.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.

     Enacting section 2. This amendatory act does not take effect

unless Senate Bill No. 103 of the 99th Legislature is enacted into

law.