HOUSE BILL No. 5583


     January 30, 2002, Introduced by Reps. Voorhees, Vander Veen, Bradstreet, Kooiman, Meyer, Kuipers, Patterson, Pappageorge,
Gosselin, Vander Roest and Richner and referred to the Committee on Education.


        A bill to amend 1976 PA 451, entitled

   "The revised school code,"

   by amending section 1285a (MCL 380.1285a), as added by 1996

   PA 285.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 1285a.  (1) If a school district or intermediate school

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        district operates a child care center, AS DEFINED IN SECTION 1 OF

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        1973 PA 116, MCL 722.111, then, except as provided in this sub-

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        section, the child care center is subject to the requirements of

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         Act No. 116 of the Public Acts of 1973, being sections 722.111

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        to 722.128 of the Michigan Compiled Laws  1973 PA 116,

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        MCL 722.111 TO 722.128.  If a child care center established and

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        operated by a school district or intermediate school district is

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        located in a school building that is approved and inspected by

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        the state fire marshal or other similar authority as provided in


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        section 3 of  Act No. 306 of the Public Acts of 1937, being

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        section 388.853 of the Michigan Compiled Laws  1937 PA 306,

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        MCL 388.853, for school purposes and is in compliance with school

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        fire safety rules, as determined by the state fire marshal or a

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        fire inspector certified pursuant to section 2b of the fire pre-

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        vention code,  Act No. 207 of the Public Acts of 1941, being sec-

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        tion 29.2b of the Michigan Compiled Laws  1941 PA 207, MCL 29.2B,

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        the child care center is not subject to any fire prevention or

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        fire safety requirements under  Act No. 116 of the Public Acts of

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        1973  1973 PA 116, MCL 722.111 TO 722.128.  AS USED IN THIS SUB-

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        SECTION, "CHILD CARE CENTER" DOES NOT INCLUDE A PROGRAM DESCRIBED

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        IN SUBSECTION (2).

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             (2) IF A SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DISTRICT

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        OPERATES OR CONTRACTS FOR THE OPERATION OF A BEFORE- OR

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        AFTER-SCHOOL PROGRAM FOR CHILDREN IN GRADES K TO 8, ALL OF THE

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        FOLLOWING APPLY TO THE OPERATION OF THE PROGRAM:

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             (A) THE PROGRAM SHALL HAVE A CHILD TO STAFF MEMBER RATIO

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        THAT IS NO GREATER THAN THE AVERAGE PUPIL TO TEACHER RATIO DURING

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        SCHOOL HOURS IN THAT SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DIS-

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        TRICT IN REGULAR K TO 5 CLASSROOMS.

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             (B) THE PROGRAM SHALL BE LOCATED AT SCHOOL IN FACILITIES

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        COMPARABLE TO ROOMS USED BY PUPILS DURING THE REGULAR SCHOOL

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        DAY.

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             (C) IF THE SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DISTRICT

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        USES ITS EMPLOYEES TO STAFF THE PROGRAM, BEFORE ASSIGNING A STAFF

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        MEMBER TO WORK IN THE PROGRAM, THE SCHOOL DISTRICT OR

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        INTERMEDIATE SCHOOL DISTRICT SHALL COMPLY WITH SECTIONS 1230 AND



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        1230A WITH RESPECT TO THAT INDIVIDUAL TO THE SAME EXTENT AS IF

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        THE INDIVIDUAL WERE BEING HIRED AS A TEACHER.  IF THE SCHOOL DIS-

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        TRICT OR INTERMEDIATE SCHOOL DISTRICT CONTRACTS FOR THE OPERATION

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        OR STAFFING OF THE PROGRAM, THE CONTRACT SHALL CONTAIN ASSURANCE

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        THAT THE CONTRACTING PERSON OR ENTITY, BEFORE ASSIGNING AN INDI-

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        VIDUAL TO WORK IN THE PROGRAM, WILL COMPLY WITH SECTIONS 1230 AND

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        1230A WITH RESPECT TO THAT INDIVIDUAL TO THE SAME EXTENT AS IF

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        THE PERSON OR ENTITY WERE A SCHOOL DISTRICT EMPLOYING THE INDI-

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        VIDUAL AS A TEACHER.  THE DEPARTMENT OF STATE POLICE SHALL PRO-

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        VIDE INFORMATION TO A SCHOOL DISTRICT, INTERMEDIATE SCHOOL DIS-

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        TRICT, OR CONTRACTING PERSON OR ENTITY REQUESTING INFORMATION

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        UNDER THIS SUBDIVISION TO THE SAME EXTENT AS IF THE SCHOOL DIS-

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        TRICT, INTERMEDIATE SCHOOL DISTRICT, OR PERSON OR ENTITY WERE A

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        SCHOOL DISTRICT MAKING THE REQUEST UNDER SECTION 1230 OR 1230A.

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             (D) THE BOARD OF THE SCHOOL DISTRICT OR INTERMEDIATE SCHOOL

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        DISTRICT SHALL DEVELOP, ADOPT, AND ANNUALLY REVIEW A POLICY CON-

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        CERNING THE PROGRAM THAT, AT A MINIMUM, ADDRESSES SAFETY PROCE-

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        DURES FOR THE PROGRAM, INCLUDING AT LEAST EMERGENCY PROCEDURES

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        SUCH AS ACCESS TO STUDENT EMERGENCY INFORMATION AND ACCESS TO

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        TELEPHONES, FOOD SAFETY, AND DISCIPLINE.

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             (E) NOT LATER THAN SEPTEMBER 1 OF EACH SCHOOL YEAR, THE

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        BOARD OF THE SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DISTRICT

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        SHALL ADOPT AND SUBMIT TO THE SECRETARY OF THE INTERMEDIATE

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        SCHOOL BOARD A RESOLUTION AFFIRMING THAT THE PROGRAM AND THE COR-

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        RESPONDING POLICIES COMPLY WITH THIS SECTION.  THIS SUBMISSION

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        SHALL INCLUDE A COPY OF THE POLICY UNDER SUBDIVISION (D).





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             (3) THE DEPARTMENT SHALL DEVELOP AND MAKE AVAILABLE A MODEL

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        BEFORE- OR AFTER-SCHOOL PROGRAM POLICY THAT ADDRESSES HUMAN

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        RELATIONSHIPS; INDOOR ENVIRONMENT; OUTDOOR ENVIRONMENT; ACTIVI-

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        TIES; SAFETY, HEALTH, AND NUTRITION; AND ADMINISTRATION.  A

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        SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DISTRICT IS NOT REQUIRED

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        TO USE THIS MODEL PROGRAM POLICY.

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             Enacting section 1.  This amendatory act does not take

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        effect unless Senate Bill No. ______ or House Bill No. 5584

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        (request no. 06589'02) of the 91st Legislature is enacted into

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        law.




































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