February 3, 2005, Introduced by Reps. Accavitti, Wojno, Miller, Condino, Byrnes, Ward, Stakoe, Hune, Gaffney, Gonzales, Tobocman, Bieda and David Law and referred to the Committee on Health Policy.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1135 (MCL 380.1135), as added by 1987 PA 84.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1135. (1) Upon enrollment of a student for the first time
in a local or intermediate school district or a public school
academy, the school district or public school academy shall notify
in writing the person enrolling the student that within 30 days he
or she shall provide to the local or intermediate school district
or public school academy either of the following:
(a) A certified copy of the student's birth certificate.
(b) Other reliable proof, as determined by the school district
or public school academy, of the student's identity and age, and an
affidavit explaining the inability to produce a copy of the birth
certificate.
(2) If a person enrolling a student fails to comply with
subsection (1), the local or intermediate school district or public
school academy shall notify the person enrolling the student in
writing that, unless he or she complies within 30 days after the
notification, the case shall be referred to the local law
enforcement agency for investigation. If the person enrolling the
student fails to comply within that 30-day period, the local or
intermediate school district or public school academy shall notify
the local law enforcement agency.
(3)
The A local or intermediate school district or public
school academy shall immediately report to the local law
enforcement agency any affidavit received pursuant to this section
that appears inaccurate or suspicious in form or content.
(4)
Within 14 days after enrolling a transfer student, the a
school district, intermediate school district, public school
academy, or nonpublic school shall request in writing directly from
the student's previous school a copy of his or her school record.
Any school district, intermediate school district, public school
academy,
or nonpublic school that compiles records
a school
record for each student in the school and that is
requested to
forward a copy of a transferring student's school record to the new
school shall comply within 30 days after receipt of the request
unless the school record has been tagged pursuant to section 1134.
If
a student student's
school record has been tagged pursuant
to
section
1134, a copy of the student student's
school record shall
not be forwarded, and the requested school shall notify the law
enforcement agency that notified the school district of the missing
student
pursuant to section 8 of Act No. 319 of the Public Acts of
1968,
being section 28.258 of the Michigan Compiled Laws 1968
PA
319, MCL 28.258, of the request.
(5) A local or intermediate school district shall not disclose
any
personally identifiable information contained in a student
student's school record to a law enforcement agency, except in
compliance
with the family educational rights and privacy act, 20
U.S.C.
USC 1232g.
(6) As used in this section, "school record" includes, but is
not limited to, the following records maintained by a school
district, intermediate school district, public school academy, or
nonpublic school regarding a specific student:
(a) Attendance record or summary.
(b) Academic record showing grades completed and courses
passed.
(c) Disciplinary record that includes all final, pending, and
initiated suspensions or expulsions; a description of the primary
incident or incidents that led to each suspension or expulsion; the
date when each of these incidents occurred; and any other
information that is related to the suspension or expulsion and is
considered appropriate by school officials of the school from which
the student is transferring. The information required by this
subdivision may be presented in summary form.
(d) Health records and information that are part of the
student's education record.
(e) The student's current individualized education program, if
any.