SB-1296, As Passed House, June 28, 2006

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 1296

     A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending section 1146 (MCL 380.1146).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1146. (1)  A  Except as otherwise provided under

subsection (2) and section 475, a separate school or department

shall not be kept for a person on account of race, color, or  sex

gender. This section shall not be construed to prevent the grading

of schools according to the intellectual progress of the pupil to

be taught in separate places as may be  deemed  considered

expedient.

     (2) Subject to subsection (3), the board of a school district

or intermediate school district or board of directors of a public

Senate Bill No. 1296 (H-1) as amended June 28, 2006

school academy may establish and maintain a school, class, or

program within a school in which enrollment is limited to pupils of

a single gender if the school district, intermediate school

district, or public school academy makes available to pupils a

substantially equal coeducational school, class, or program [and a

 substantially equal school, class, or program for pupils of the other gender, if practicable].

     (3) If the board of a school district or intermediate school

district or board of directors of a public school academy

establishes a single-gender school, class, or program described in

subsection (1), the school district, intermediate school district,

or public school academy shall not require participation by any of

its pupils in the single-gender school, class, or program. The

board or board of directors shall ensure that participation by

pupils in a single-gender school, class, or program is wholly

voluntary. For the purposes of this subsection, participation by a

pupil in a single-gender school, class, or program is not

considered to be voluntary unless the school district, intermediate

school district, or public school academy also makes available to

the pupil a substantially equal coeducational school, class, or

program.

     Enacting section 1.  This amendatory act does not take effect

unless all of the following bills of the 93rd Legislature are

enacted into law:

     (a) House Bill No. 4264.

     (b) Senate Bill No. 1305 or House Bill No. 6247.