SENATE BILL NO. 492

A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending section 1135 (MCL 380.1135), as amended by 2018 PA 619.

the people of the state of michigan enact:

Sec. 1135. (1) Upon enrollment of a student pupil for the first time in a local school district, public school academy, or intermediate school district, the local school district, public school academy, or intermediate school district shall notify in writing the person individual enrolling the student pupil that, within 30 days, he or she shall the individual must provide to the local school district, public school academy, or intermediate school district either of the following:

(a) A copy of the student's pupil's birth certificate.

(b) Other reliable proof, as determined by the local school district, public school academy, or intermediate school district, of the student's pupil's identity and age, and an affidavit explaining the inability to produce a copy of the birth certificate.

(2) If a person an individual enrolling a student pupil fails to comply with subsection (1), the local school district, public school academy, or intermediate school district shall notify the person individual enrolling the student pupil in writing that, unless he or she the individual complies within 30 days after the notification, the case must be referred to the local law enforcement agency for investigation. If the person individual enrolling the student pupil 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 school district, public school academy, or intermediate school district shall immediately report to the local law enforcement agency any affidavit received under this section that appears inaccurate or suspicious in form or content.

(4) Within 14 days after enrolling a transfer student, pupil, the school shall request in writing directly from the student's pupil's previous school a copy of his or her school the pupil's student record. Any Subject to subsection (5), any school that compiles records for each student pupil in the school and that is requested to forward a copy of a transferring student's pupil's record to the new school shall comply within 30 days after receipt of the request unless the record has been tagged under section 1134. If a student record has been tagged under section 1134, a copy of the student record must not be forwarded, and the requested school shall notify the law enforcement agency that notified the school district of the missing student under section 8 of 1968 PA 319, MCL 28.258, of the request.

(5) A school shall not provide a copy of a pupil's student record under subsection (4) unless the school has been provided with written confirmation from the school that will be receiving the pupil that the pupil has been enrolled in the school.

(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 20 USC 1232g, commonly referred to as the family educational rights and privacy act.