HOUSE BILL No. 4369

 

 

March 14, 2019, Introduced by Reps. Steven Johnson, Miller, Hoitenga, Elder, Hood, Guerra and Hornberger and referred to the Committee on Judiciary.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending section 1284a (MCL 380.1284a), as added by 2007 PA 101;

 

and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1284a. (1) Not later than July 1, 2008, an An

 

intermediate school district, in cooperation with its constituent

 

districts, shall adopt a common school calendar to apply to all of

 

its constituent districts and to its intermediate school district

 

programs. The intermediate school district shall post the common

 

school calendar on its website. The common school calendar shall

 

must meet all of the following:

 

     (a) Shall Must be in compliance with sections 1284 and

 

1284b.section 1284.

 


     (b) Shall Must identify the dates for each school year when

 

school will not be in session for a winter holiday break and a

 

spring break. The common school calendar shall must identify these

 

dates specifically for at least the next 5 school years, but may

 

describe these dates more generally for school years thereafter as

 

long as the dates may be readily determined.

 

     (2) Beginning with the 2008-2009 school year, except Except as

 

otherwise provided in this section, the board of each constituent

 

district and the intermediate school board shall ensure that its

 

school calendar complies with the common school calendar adopted

 

under subsection (1).

 

     (3) In addition to the requirements under subsection (1), a

 

common school calendar adopted under subsection (1) is encouraged

 

to identify common dates for professional development days.

 

     (4) If a collective bargaining agreement that provides a

 

complete school calendar is in effect for employees of a school

 

district or intermediate school district as of the effective date

 

of this section, and if that school calendar is not in compliance

 

with the common school calendar adopted under subsection (1), then

 

subsection (2) does not apply to that school district or

 

intermediate school district until after the expiration of that

 

collective bargaining agreement.

 

     (4) (5) If as of the effective date of this section October 1,

 

2007 an intermediate school district or school district is

 

operating a year-round school or program or is operating a school

 

that is an international baccalaureate academy that provides 1,160

 

hours of pupil instruction per school year, then subsection (2)


does not apply to that school or program. If after the effective

 

date of this section October 1, 2007 an intermediate school

 

district or school district begins operating a year-round school or

 

program, the intermediate school district or school district may

 

apply to the superintendent of public instruction for a waiver from

 

the requirements of subsection (2) for that school or program. The

 

application shall must be in writing in the form and manner

 

prescribed by the department and shall must provide justification

 

for the school or program to operate on a calendar that differs

 

from the common school calendar adopted under subsection (1). Upon

 

application, if the superintendent of public instruction determines

 

that a school or program is a bona fide year-round school or

 

program established for educational reasons and that there is

 

sufficient justification for the school or program to operate on a

 

calendar that differs from the common school calendar adopted under

 

subsection (1), the superintendent of public instruction shall

 

grant the waiver. The superintendent of public instruction shall

 

establish standards for determining a bona fide year-round school

 

or program for the purposes of this subsection.

 

     (5) (6) If an intermediate school district or school district

 

is operating or begins operating a school or program on a trimester

 

schedule, the intermediate school district or school district may

 

apply to the superintendent of public instruction for a waiver from

 

the requirements of subsection (2) for that school or program. The

 

application shall must be in writing in the form and manner

 

prescribed by the department and shall must provide justification

 

for the school or program to operate on a calendar that differs


from the common school calendar adopted under subsection (1). Upon

 

application, if the superintendent of public instruction determines

 

that a school or program is operating on a bona fide trimester

 

schedule established for educational reasons and that there is

 

sufficient justification for the school or program to operate on a

 

calendar that differs from the common school calendar adopted under

 

subsection (1), the superintendent of public instruction shall

 

grant the waiver. The superintendent of public instruction shall

 

establish standards for determining a bona fide trimester schedule

 

for the purposes of this subsection.

 

     (6) (7) This section does not apply to a public school that

 

operates all of grades 6 to 12 at a single site, that aligns its

 

high school curriculum with advanced placement courses as the

 

capstone of the curriculum, and that ends its second academic

 

semester concurrently with the end of the advanced placement

 

examination period.

 

     (7) (8) In addition to the other exceptions under this

 

section, the superintendent of public instruction may grant a

 

waiver from a requirement under this section for a school district

 

that applies for the waiver in writing in the form and manner

 

prescribed by the superintendent of public instruction and provides

 

sufficient justification for the waiver, as determined by the

 

superintendent of public instruction.

 

     (8) (9) As used in this section:

 

     (a) "Board" means the board of a school district or board of

 

directors of a public school academy.

 

     (b) "Constituent district" means a constituent district of the


intermediate school district or a public school academy that is

 

located within the boundaries of the intermediate school district

 

and that receives services from the intermediate school district.

 

     (c) "School district" means a school district or a public

 

school academy.

 

     Enacting section 1. Section 1284b of the revised school code,

 

1976 PA 451, MCL 380.1284b, is repealed.

 

     Enacting section 2. This amendatory act takes effect 90 days

 

after the date it is enacted into law.