MICHIGAN DEPARTMENT OF EDUCATION INFORMATION ON NONPUBLIC AND HOME SCHOOLS August 2004

Transcription

1 MICHIGAN DEPARTMENT OF EDUCATION INFORMATION ON NONPUBLIC AND HOME SCHOOLS August 2004 ATTENDANCE...2 NONPUBLIC SCHOOL DEFINITION...2 REPORTING Nonpublic School Membership Report...2 FUNDING...3 STATE REQUIREMENTS School Building and Construction Safety...3 Courses of Study...4 Teacher Certification Requirement...4 Teacher Criminal History and Unprofessional Applicant Checks...5 School Calendar...5 Child Care, Day Care or Latchkey Program Regulations...5 EDUCATIONAL PROGRAMS AND SERVICES Auxiliary Services...5 Special Education...6 Americans With Disabilities Act...6 Curriculum Materials...6 Enrollment in Public School Classes...6 Michigan Virtual High School...7 Participation in Title I...7 Participation in Title II, Parts A and D...7 Participation in Title V, Part A...7 Regional Educational Media Centers (REMC)...8 Food Programs...8 Driver Education and Bus Transportation...8 Athletics and Extracurricular Activities...9 Homebound/Hospitalized Services...9 Safe and Drug Free Schools and Communities Act Title IV, Part A...9 STUDENT RECORDS...9 Transfer of Grades and Credits...9 Release of Student Records...9 Immunizations...9 Nonpublic School Closures...10 MISCELLANEOUS MEAP and Michigan Merit Award Program...10 Accreditation...10 Discipline Policies...10 Work Permit...11 T.B. Testing...11 Playground Equipment...11 RESOURCES Department of Education and Other State Agencies

2 ATTENDANCE The law in Michigan governing compulsory attendance requires a parent, legal guardian, or other person having control or charge of a child age six to sixteen to send the child to school during the entire school year [MCL (3)]. (See Attachment A.) A child is not required to attend a public school in the following cases: (3) (a) The child is attending regularly and is being taught in a state approved nonpublic school, which teaches subjects comparable to those taught in the public schools to children of corresponding age and grade, as determined by the course of study for the public schools of the district within which the nonpublic school is located. (3) (f) The child is being educated at the child s home by his or her parent or legal guardian in an organized educational program in the subject areas of reading, spelling, mathematics, science, history, civics, literature, writing, and English grammar. 1 (4) For a child being educated at the child s home by his or her parent or legal guardian, exemption from the requirement to attend public school may exist under either subsection (3)(a) or (3)(f), or both. NONPUBLIC SCHOOL DEFINITION A nonpublic school is defined under section of the Private, Denominational and Parochial Schools Act, 1921 PA 302 [MCL ]. (See Attachment B.) A home school family operating under (3)(a) as described above is considered a nonpublic school if in compliance with the Private, Denominational and Parochial Schools Act, 1921 PA 302. If a home school family chooses to operate under exemption (a), it may report to the Michigan Department of Education. (See Reporting.) REPORTING Nonpublic School Membership Report The Nonpublic School Membership Report (Form SM4325) is an annual report used by the Department. Information requested on the form includes the number of students in each grade, teacher qualifications, and the course of study offered. Use of the form is authorized by section 5 of the Nonpublic School Act, and was approved by the Michigan Supreme Court in Sheridan Road Baptist Church v Department of Education, 426 Mich 462, 472, n 5; 396 NW2d 373 (1986) and Clonlara, Inc v State Board of Education, 442 Mich 230, 242, 501 NW2d 88 (1993). Forms are sent to nonpublic schools in late summer with an early October due date. New nonpublic schools may request the Nonpublic School Membership Report (Form SM4325) from the Department by calling (517) The Department forwards the list of nonpublic schools that have completed the reporting process to the appropriate intermediate school district, which then forwards the names to the local school districts. If a home school family chooses to operate solely under exemption (f), see information under Attachment B-1. 1 This listing of subjects applies to exemption (f) home schools. The Department of Education has historically interpreted comparable curricula for nonpublic schools to be: mathematics, reading, English, science, and social studies in all grades, and the Constitution of the United States, the Constitution of Michigan, and the history and present form of civil government of the United States, the State of Michigan, and the political subdivisions and municipalities of the State of Michigan in high school. 2

3 FUNDING The Michigan Constitution under Article VIII, Section 2, prohibits public monies from being paid directly or indirectly to aid or maintain any private, denominational, or nonpublic school. Federally funded programs may be available to nonpublic schools students. A detailed listing, Handbook on Serving Private School Children With Federal Education Programs, can be ordered from the U.S. Department of Education, Office of Non-Public Education, 400 Maryland Avenue SW, Room 4W341, Washington, D.C ; phone (202) ; fax (202) In addition, information may be accessed through the Internet at: STATE REQUIREMENTS School Building and Construction Safety Prior to the construction, reconstruction, remodeling, or alteration/repair of a school building, sealed construction plans are required to be submitted to the following agencies for review: Construction Code Requirements and Fire Safety Code Requirements Department of Labor and Economic Growth Bureau of Construction Codes and Fire Safety Irvin J. Poke, Chief Plan Review Division P.O. Box Lansing, MI (517) Health and Safety Inspections Contact your local county health department Background On December 23, 2002, PA 628 of 2002 was signed into law. This law amends the School Building Act, PA 306 of 1937 by requiring the inspection of all school building construction, as well as the review of any required construction documents under the Stille-DeRossett-Hale Single State Construction Code Act and the Fire Prevention Code, PA 207 of With the enactment of this revision, school construction projects which involve the construction, addition, alteration or repair of any school building must be submitted to the Department of Labor and Economic Growth for required plan reviews, permits, and on-site inspections. The Bureau of Construction Codes and Fire Safety located within the Department of Labor and Economic Growth has developed a single application and invoice system for the submission of required construction documents. A coordinated system for the inspection and granting of approvals, including the issuance of Certificates of Occupancy for completed construction, has also been developed. Ultimately, all school construction projects must meet both the construction standards under the Stille-DeRossett-Hale Single State Construction Code Act, which includes securing permits, inspections, and final approvals; and the fire prevention standards under the Fire Prevention Code, which includes securing inspections and final approvals through the department s Office of Fire Safety. The law also provides for inspection by local code enforcement agencies where both the local school boards and the local unit of government certify that the local enforcing agency has full-time plan review and inspection staff and are otherwise qualified to perform these duties in the review and inspection of school buildings. 3

4 Approval for Local Code Enforcement If nonpublic schools elect to have school construction projects inspected by local building departments, both the nonpublic school and the unit of government(s) must complete, sign, and submit a Request for Delegation form to the Department of Labor and Economic Growth. In order for that delegation to be approved by the state, both the nonpublic school and the governing body of the governmental subdivision must certify to the Department of Labor and Economic Growth that full-time code officials, inspectors, and plan reviewers registered under PA 54 of 1986, will conduct plan reviews and inspections of buildings. This certification must be submitted and approved annually. Only those governmental jurisdictions which document full time inspectors and plan reviewers to enforce the complete range of construction codes including the building, electrical, mechanical, and plumbing codes may qualify for delegation of school construction authority. Absent approval of a completed Request for Delegation form from the nonpublic school and local building department, the State of Michigan, Bureau of Construction Codes and Fire Safety has responsibility for construction code enforcement of school buildings within that unit of government. The Request for Delegation form may be obtained on the Bureau of Construction Codes and Fire Safety web site at: Licensing Laws and School Construction Projects Licensed contractors and licensed tradespersons must perform work on school construction projects in accordance with state licensing laws including: Electrical Administrative Act, PA 217 of 1956, as amended; Forbes Mechanical Contractors Act, PA 192 of 1984, as amended; State Plumbing Act, PA 733 of 2002; Boiler Act, PA 290 of 1965, as amended; and the Elevator Safety Act, PA 227 of Plan Review Fees and Permit Fees A plan review fee will be required with the submission of construction documents as indicated previously. Additionally, licensed contractors must obtain construction permits for school construction projects in accordance with the fee schedule established by the governmental authority having jurisdiction. Local county health departments should be contacted for health and safety inspections. Additional information may be obtained by visiting the Bureau of Construction Codes and Fire Safety web site at: Courses of Study Nonpublic schools shall provide curricula comparable to those provided in local school districts. Instruction includes mathematics, reading, English, science, social studies in all grades, and the Constitution of the United States, the Constitution of Michigan, and the history and present form of civil government of the United States, the State of Michigan, and the political subdivisions and municipalities of the State of Michigan in high school. The state does not require specific content in the basic courses. Nonpublic schools, however, may wish to use the Michigan Curriculum Framework and the Grade Level Content Expectations (GLCE) that has been developed for public schools in Michigan. Both are available at the Michigan Department of Education webpage at or contact the Curriculum and Instruction Unit at (517) Teacher Certification Requirement An individual may qualify to teach in Michigan nonpublic schools in one of three ways: 1. By obtaining a Michigan Teaching Certificate [MCL ]. 2. By obtaining a substitute, full-year or emergency teaching permit. 3. By obtaining a bachelor s degree. However, if a nonpublic school claims an objection to teacher certification based upon a sincerely held religious belief, the minimum education requirements for teachers are waived (Syllabus of People v DeJonge 442 Mich 266 under Attachment C). Information regarding Michigan teacher certificates and permits is under Attachment D. 4

5 Teacher Criminal History and Unprofessional Applicant Checks Criminal history checks are mandatory for individuals offered initial employment as a teacher, school administrator, school counselor, school psychologist, school nurse, or school social worker in a public or nonpublic school [MCL and MCL a]. (See Attachment E.) Michigan law requires a former or current employer to disclose to a prospective school employer any unprofessional conduct by the applicant [MCL b]. A public or nonpublic school is prohibited from hiring an applicant who refuses to sign a document requesting this information. (See Attachment F.) School Calendar In 1993, the Michigan Supreme Court in Clonlara, Inc v State Board of Education (442 Mich 252) ruled that the Nonpublic School Act did not require a nonpublic school to be in session for 180 days required for public schools. The Department recommends, however, that a nonpublic school develop a school year calendar comparable to the public school district where the nonpublic school is located. Public schools are required to provide a minimum of 180 days and 1,098 hours of pupil instruction [MCL (3)]. Child Care, Day Care or Latchkey Program Regulations Programs regulating the operation of child care, day care or latchkey programs are licensed by Michigan s division of Child Day Care Licensing. For further information, please contact Child Day Care Licensing, Family Independence Agency, at (517) EDUCATIONAL PROGRAMS AND SERVICES Auxiliary Services Auxiliary services are provided for both general education and special education students. A nonpublic school may qualify for auxiliary services, federal Title I and Title V programs, Regional Educational Media Center (REMC) services, and bus transportation services from public school districts. A school should complete the Nonpublic School Membership Report on a yearly basis for services. For further information on auxiliary services, please contact the Office of Special Education, Department of Education, at (517) Auxiliary services include health and nursing services and examinations, national defense education act testing, speech and language teacher services, social work services, school psychological services, teacher consultant services for children with disabilities, and other ancillary services for students with disabilities, remedial reading, and other services determined by the Legislature. Section of the Revised School Code provides that if particular services are provided to public school students in a school district, those services must also be made available to students attending nonpublic schools located within that district. A public school that provides auxiliary services to its resident students shall provide the same auxiliary services on an equal basis to students at nonpublic schools. In 1997, the U.S. Supreme Court ruled in Agostini v Felton (117 S Ct 1997) that intermediate and local school districts are required to make auxiliary services available on site at all nonpublic schools. A public school is required to notify a nonpublic school within its district about the types of auxiliary services available to its students. The Michigan Administrative Code Rule states: A school district providing any of these auxiliary services shall notify in writing, no later than April 1 of each school year, each of the nonpublic schools within its district as to the nature and extent of such services as contained in its proposed budget. Within 30 days after receipt of such notice, nonpublic schools shall in writing notify the district as to the services that will be needed for nonpublic school children. A school district shall confirm in writing no later than August 1 of each school year to each of the nonpublic schools within its district the nature and extent of such services as contained in its final budget as adopted by the school district board of education... 5

6 Special Education Most, but not all, auxiliary services are special education related services as defined in Rule c(a) of Michigan s Revised Administrative Rules for Special Education. Only special education related services will be discussed here. Both state laws/regulations and the state s application for federal funds under the Individual With Disabilities Education Act require that if a special education eligible student in the public schools is found to need a related service, then the service must be provided, whether or not the service is currently available within the district. If a nonpublic school special education student needs a related service, it must be provided to that student even if it is not currently being provided to any of the resident public school students. To receive a special education related service, the nonpublic school student first must be found eligible for special education by an individualized educational planning team (IEPT) (i.e., the student must be found to have a qualifying impairment and to be in need of one or more special education services). To begin the process, the nonpublic school should refer the student to the local school district in which that nonpublic school is located. The nonpublic school should make the referral. Upon receipt of the referral, the public school district will conduct an evaluation and hold an IEPT meeting to determine the student s eligibility and the related services that are needed. The parent and a representative of the nonpublic school should be involved in this meeting. This referral and evaluation process should be completed within 30 school days, unless an extension of time is agreed to by the public school district and the parent. The intermediate school district (ISD) plan for special education should describe how such services are provided to students within the ISD. In some ISDs, local districts provide services to their students while in others the ISD provides related services to local districts. In such cases, the ISD would provide the service to the nonpublic school also. However, the local district is still responsible for providing related services to eligible nonpublic school students educated within its boundaries. Therefore, unless otherwise informed, the nonpublic school s referral should be sent to the local district, not to the ISD. For further information on auxiliary services for special education, please contact the Office of Special Education and Early Intervention Services, Department of Education, at (517) Americans With Disabilities Act For information regarding the Americans With Disabilities Act (20 USC Chapter 33, 34 CFR Part 300), please contact the Office of Special Education and Early Intervention Services, Department of Education, P.O. Box 30008, Lansing, Michigan 48909; (517) Curriculum Materials Nonpublic schools and home school families may purchase the textbooks and the instructional materials they deem necessary. Textbooks and curriculum materials may be purchased from a teacher bookstore. Support services may be contracted but are not required by law. Information regarding home school support services and materials may be accessed on the Internet at the following search prompts: home school curriculum, home school associations, or correspondence schools. Enrollment in Public School Classes Nonpublic and home school students may enroll in nonessential elective classes at the resident public school (Snyder v Charlotte Public Schools, 421 Mich 517, 365 NW2d 151 (1984)). Students in home school families operating under exemption (f) may also enroll in nonessential elective classes at the resident public school. (See Attachment G.) In July 1997, the U.S. Supreme Court ruled in Agostini v Felton that public schools may provide shared time courses to nonpublic school students on nonpublic school premises using public school employees. Nonessential elective classes may include, but are not limited to: band, drama, art, physical education, music, computer, and advanced placement courses. 6

7 Michigan Virtual High School (MVHS) MVHS gives nonpublic schools and home school families the opportunity to have students take virtual courses and access a variety of online tools for test-review, career development, orientation to online learning and skill building. Dozens of courses are available in a wide range of subjects and learning levels from general study to rigorous Advanced Placement. Nonpublic and home schools may create an MVHS account online at Student registration and enrollment is also done online, once an MVHS account is established. Home school families should visit for more information about using MVHS in a home school. Nonpublic and home school students may participate in MVHS online services and course offerings to the same extent that they are allowed to participate in public school district course offerings as provided for under Michigan law. ( Address: rcurrie@mivu.org). Participation in Title I Nonpublic school students who live in Title I (20 USC 6320) school attendance areas, and are failing or at risk of failing to meet the student performance standards in the core academic curriculum, are eligible for Title I services provided by the public school district in which they live. Funding for services to nonpublic school students is based on the number of children who live in Title I school attendance areas and meet the eligibility requirement for free or reduced-price school meals. Each spring, public school districts contact nonpublic school administrators regarding participation in the Title I program. If the nonpublic school can provide low-income data and wishes its eligible students to participate, specific arrangements are made cooperatively between the district and nonpublic school. The 1997 U.S. Supreme Court ruling in Agostini v Felton (117 S Ct 1997) makes it possible to provide Title I services on the premises of religiously-affiliated nonpublic schools. Questions regarding Title I should be directed to the public school district. Further information may be obtained from Linda Brown, Office of School Improvement, Department of Education, at (517) ( Address: brownlq@michigan.gov). Participation in Title II, Parts A and D Nonpublic school staff may participate in professional development activities through the Title II, Part A (Teacher and Principal Training and Recruiting) and Title II, Part D (Enhancing Education Through Technology) programs. Nonpublic school students may also benefit from technology provided through Title II, Part D. These programs are accessed through the local school district in which the nonpublic school is located. Local public school district officials are responsible for consulting with nonpublic school officials to plan the Title II, Part A and Part D services that best meet the needs of nonpublic school staff and students. Nonpublic Title II, Part A and Part D plans are included with those of the public school district in a single application. All materials and equipment acquired under the programs are purchased and owned by the public school district and loaned to the nonpublic school. Nonpublic school administrators should contact their local school districts to participate in these programs. Further information may be obtained from Linda Brown, Office of School Improvement, Department of Education, at (517) ( Address: brownlq@michigan.gov). Participation in Title V, Part A (formerly Title VI) Nonpublic school students may benefit from Title V, Part A (20 USC 7217a) programs through either the local school district in which the nonpublic school is located or the intermediate school district that serves the region. Local public school district officials are responsible for consulting with nonpublic school officials to plan Title V, Part A programs and services that best meet the needs of children attending nonpublic schools. The plan must provide direct benefit to the nonpublic school student, not the nonpublic school. For example, the use of 7

8 computers purchased with Title V, Part A funds for keeping student records or cataloging library books would provide a benefit to the private school rather than to the children in the school and, therefore, would not be allowed. Nonpublic school Title V, Part A plans are included with those of the public school district in a single application. All materials and equipment acquired under Title V, Part A are purchased and owned by the public school district and loaned to the nonpublic school. Nonpublic school administrators should contact their local or intermediate school district to participate in Title V, Part A. Further information may be obtained from Linda Brown, Office of School Improvement, Department of Education, at (517) ( Address: brownlq@michigan.gov). Regional Educational Media Centers (REMC) A Regional Educational Media Center (REMC) provides a service that is available to nonpublic and home school students. The REMCs work cooperatively with one or more intermediate school districts for the improvement of instruction in Michigan s elementary and secondary schools. Most REMCs offer: instructional materials including video, video disk, and computer software; cooperative purchasing of equipment, supplies and media; Internet access and support; production services; technological problem solving; training in the use of all types of equipment; training in the integration of media into instruction, media and technology consulting; and a distribution system. Additional services include: inservice media; AV, video and computer equipment repair; desktop publishing, graphic design and layout; printing; video production, editing and duplication; professional library and online services; instructional television or building based video collections; and satellite downlink services. For additional information regarding REMCs please contact your intermediate school district or visit their webpage at: Food Programs School meals (breakfast and lunch) are available to federally tax-exempt nonpublic schools. For information on how to initiate or expand a program, please contact Mary LaRock in the School Meals Program, Department of Education, at (517) for referral to a consultant ( Address: larockm@michigan.gov). Meals and snacks served in child care centers and preschools may be eligible for Child and Adult Care Food Program reimbursement. The facility must have tax exempt status under the Internal Revenue Code of 1986, be nonresidential and licensed by the Child Day Care Licensing, Family Independence Agency. For additional information on food programs, contact Gayle Monroe, Child and Adult Care Food Program, Department of Education, at (517) for referral to a consultant ( Address: monroeg@michigan.gov). Driver Education and Bus Transportation A nonpublic or home school student is eligible to enroll in a driver education program provided at the public school district where the student is a resident [MCL ]. If a charge or enrollment fee is imposed, it shall be the same for all students who reside within the territory of the public school system [MCL ]. For further information regarding driver education, please contact Greg Lantzy, Grants Coordination and School Support, Department of Education, at (517) As of October 1, 2004, the Driver Education Program will be transferred to the Department of State. For information on school bus transportation for nonpublic school students, please contact Sue Howell, Grants Coordination and School Support, Department of Education, at (517)

9 Athletics and Extracurricular Activities The supervision and control of interscholastic athletics are the responsibility of each local board of education. Most local boards have adopted policies as proposed by the Michigan High School Athletic Association. Please contact the appropriate local school district or the Michigan High School Athletic Association at (517) or access information from the following Internet address: In order to participate in public school extracurricular activities, a student should be enrolled part-time in the public school. Homebound/Hospitalized Services If a student is enrolled part-time as a public school student and part-time as a nonpublic school student, then the public schools may have some responsibility to provide homebound/hospitalized instruction. The responsibility rests with the parent and the nonpublic school to maintain continuity with the student s nonpublic school instruction while that student is confined to the home or hospital. Parents should contact the local school district if a student is hospitalized or confined to the home during regular school hours for more than five school days [MCL ]. Safe and Drug Free Schools and Communities Act Title IV, Part A Nonpublic schools are entitled to participate in the Safe and Drug Free Schools and Communities Act program offered by the local school district or intermediate school district. To receive services or to discuss drug or violence prevention needs, please contact the appropriate local school district. (Note: Home Schools are not eligible for services or support.) For other information regarding eligible programs and activities, please contact the Education Section, Office of Drug Control Policy, at (517) STUDENT RECORDS There is no law that requires nonpublic schools to maintain student records. Parents are encouraged to maintain student records of progress throughout the year. These records will assist public or nonpublic school personnel with placement should the student enroll in a public school. Transfer of Grades and Credits The granting of credits and placement of students is solely determined by the receiving public or nonpublic school. Nonpublic schools and home school families are encouraged to determine what the public school policy is for grade placement and granting of credits should a student decide to return to the public system. If a student attends a nonpublic or home school and returns to a public school, the public school generally reevaluates the student for grade placement and the transfer of credit. The issuance of report cards, transcripts, and diplomas are the responsibility of the nonpublic school and home school family (based on internal standards). Release of Student Records The collection of tuition and the provision of student records are a matter of contract between the school and the parent. A nonpublic school may have the right under the contract to withhold student records. Involved parties could contact an attorney to determine responsibilities. Immunizations Parent(s) must have their children immunized and present proof of immunization before a child may enter school unless they have one of the following waivers: (1) Medical Contraindication Form a physician certifies that a specific immunization is or may be detrimental to the child s health, or 9

10 (2) Immunization Waiver Form the parents or guardians hold religious or philosophical beliefs against receiving a vaccination. This waiver must be signed by the parent or guardian. A school must report to the local health department on the status of immunizations for new entrants by November 1 and February 1 of each school year. Parents must also present to the school an immunization status for students enrolling in the 6 th grade [MCL ]. For more information, contact the Office of School Excellence, Department of Education, at (517) or the Department of Community Health at (517) or the local health department. Nonpublic School Closures The Department receives many calls from adults and prospective employers who are searching for copies of nonpublic school transcripts. They often face obstacles because the diploma-granting high school is no longer in operation and the student records are unobtainable. The Department does not maintain these records. Nonpublic schools should contact their central offices for specific procedures regarding storage of student records. An independent nonpublic school that does not have a central office may want to ask the intermediate school district in the region to maintain the student records. MISCELLANEOUS MEAP and Michigan Merit Award Program Nonpublic schools may choose to administer a standardized assessment. The Michigan Educational Assessment Program (MEAP) is the test utilized by the State. The Merit Award Scholarship Act (1999 PA 94) established the Michigan Merit Award Program. The program provides a merit award based on student achievement on the MEAP exams. Under the program, a student may be eligible for an award up to $2,500 to be used at any approved postsecondary education institution. The award is available to public, nonpublic, and home school students who meet the eligibility requirements. The Michigan Merit Award Scholarship Act requires the Merit Award Board to provide test centers for nonpublic and home school students if their regular school does not offer the testing. In addition, the Michigan Attorney General ruled in an opinion cited as 2002 OAG 7107 that the Merit Award Board must provide test sites for nonpublic and home school students wishing to take MEAP assessment tests. The tests are administered by the State at no cost to the student. For further information including testing dates and locations, contact the Office of the Michigan Merit Award at MERIT (6-3748) or at: Accreditation Nonpublic schools may choose, but are not required, to participate in either of the following accreditation programs: Michigan Nonpublic School Accreditation North Central Accreditation Association Association University of Michigan 510 S. Capitol Avenue 950 Victors Way, Suite 50 Lansing, Michigan Ann Arbor, Michigan (517) (734) Discipline Policies In general, state law does not address disciplinary procedures in nonpublic schools. Michigan law prohibits the use of corporal punishment in a public school [MCL ]. In addition, Michigan law requires a public school to permanently expel a student who possesses a dangerous weapon, commits arson or criminal sexual conduct or commits physical assault against an employee or a volunteer at a public school [MCL and MCL a]. 10

11 Work Permit The Youth Employment Standards Act at MCL states:...a minor shall not be employed in an occupation regulated by this act until the person proposing to employ the minor procures from the minor and keeps on file at the place of employment a copy of the work permit or a temporary permit. The work permit shall be issued by the issuing officer of the school district, intermediate school district, public school academy, or nonpublic school at which the minor is enrolled, and a copy of the work permit shall be placed in the minor s permanent school file for as long as the minor is employed. A temporary permit shall be valid for 10 days from the date of issue. A work permit may be issued by the school district in which the minor s place of employment is located, or by the public school academy or nonpublic school nearest that place of employment. For additional information, contact Diana Bailey, Department of Labor and Economic Growth, at (517) ( Address: baileyd@michigan.gov). T.B. Testing Teachers are not required by the state to have regular tests for tuberculosis. However, school systems, public or nonpublic, may require regular T.B. testing of employees. Playground Equipment The Playground Equipment Safety Act, 1997 PA 16, establishes requirements for the manufacture and assembly of public playground equipment. Free tools to help evaluate play spaces include: Handbook for Public Playground Safety (U.S. Consumer Product Safety Commission, Washington, D.C ), Parent Checklist: How Safe is Your Local Playground? (CFA Playground Checklist, P.O. Box 12099, Washington, D.C , include a self-addressed stamped envelope), and National Action Plan for the Prevention of Playground Injuries (National Program for Playground Safety, University of Northern Iowa, Cedar Falls, Iowa ) Michigan Department of Education Bureau of School Finance and School Law Nonpublic Schools Unit Post Office Box Lansing, Michigan Phone: (517) Fax: (517) Address: bazzettw@michigan.gov 11

12 DEPARTMENT OF EDUCATION RESOURCE STAFF Americans With Disabilities Act (ADA) David Brock (517) Academically Talented David Mills (517) Child Care Food Program CACFP (517) Compensatory Education (Title I) Linda Brown (517) Curriculum and Instruction (517) Driver Education Greg Lantzy (517) Dual Enrollment David Mills (517) Lunch and Breakfast Program School Meals Program (517) Nonpublic Schools Unit Wanda Bazzett (517) Rehabilitation Act-Section 504 (888) Special Education David Brock (517) Title II, Parts A and D Linda Brown (517) Title V, Part A Linda Brown (517) Transportation Sue Howell (517) Information about Department of Education programs is accessible through the Internet at: PROGRAMS AVAILABLE THROUGH OTHER STATE AND FEDERAL AGENCIES Safe and Drug-Free Schools Office of Drug Control Policy Judith Pasquarella (517) Bureau of Construction Codes and Department of Labor and Economic Growth Fire Safety Plan Review Division Irvin J. Poke (517) Child Day Care Licensing Family Independence Agency (517) Michigan Educational Assessment Department of Education Program (MEAP) and Marilyn Roberts MEAP High School Test (517) Michigan Merit Award Office of Non-Public Education Department of Treasury Anne Wohlfert (toll free) U.S. Department of Education (202) Address: OIINon-PublicEducation@ed.gov 12

13 THE REVISED SCHOOL CODE (EXCERPT) Act 451 of Compulsory attendance at public school; enrollment dates; exceptions. Sec (1) Except as otherwise provided in this section, every parent, guardian, or other person in this state having control and charge of a child from the age of 6 to the child's sixteenth birthday shall send that child to a public school during the entire school year. The child's attendance shall be continuous and consecutive for the school year fixed by the school district in which the child is enrolled. In a school district that maintains school during the entire calendar year and in which the school year is divided into quarters, a child is not required to attend the public school more than 3 quarters in 1 calendar year, but a child shall not be absent for 2 or more consecutive quarters. (2) A child becoming 6 years of age before December 1 shall be enrolled on the first school day of the school year in which the child's sixth birthday occurs. A child becoming 6 years of age on or after December 1 shall be enrolled on the first school day of the school year following the school year in which the child's sixth birthday occurs. (3) A child is not required to attend a public school in any of the following cases: (a) The child is attending regularly and is being taught in a state approved nonpublic school, which teaches subjects comparable to those taught in the public schools to children of corresponding age and grade, as determined by the course of study for the public schools of the district within which the nonpublic school is located. (b) The child is less than 9 years of age and does not reside within 2-1/2 miles by the nearest traveled road of a public school. If transportation is furnished for pupils in the school district of the child's residence, this subdivision does not apply. (c) The child is age 12 or 13 and is in attendance at confirmation classes conducted for a period of 5 months or less. (d) The child is regularly enrolled in a public school while in attendance at religious instruction classes for not more than 2 class hours per week, off public school property during public school hours, upon written request of the parent, guardian, or person in loco parentis under rules promulgated by the state board. (e) The child has graduated from high school or has fulfilled all requirements for high school graduation. (f) The child is being educated at the child's home by his or her parent or legal guardian in an organized educational program in the subject areas of reading, spelling, mathematics, science, history, civics, literature, writing, and English grammar. (4) For a child being educated at the child's home by his or her parent or legal guardian, exemption from the requirement to attend public school may exist under either subsection (3)(a) or (3)(f), or both. History: 1976, Act 451, Imd. Eff. Jan. 13, 1977; Am. 1995, Act 289, Eff. July 1, 1996; Am. 1996, Act 339, Eff. July 1, Constitutionality: Shared time instruction of sectarian, nonpublic school students in and of itself is not violative of the Establishment Clause even where benefits to religion appear substantial; it is only where it is clear that the program was motivated wholly by religious considerations that a conflict with the clause would exist. Snyder v. Charlotte Schools, 421 Mich. 517, 365 N.W.2d 151 (1984). Shared time instruction clearly is not intended to benefit one or all religions; rather, the purpose is secular: to provide educational opportunities at public schools for all resident school-age children whether they attend public or religious or secular nonpublic schools. Snyder v. Charlotte Schools, 421 Mich. 517, 365 N.W.2d 151 (1984). Popular name: Act 451 Administrative rules: R et seq. of the Michigan Administrative Code. Rendered Wednesday, April 06, 2005 Page 1 Michigan Compiled Laws Complete Through PA 4 of 2005 Regular Session Legislative Council, State of Michigan Courtesy of

14 PRIVATE, DENOMINATIONAL, AND PAROCHIAL SCHOOLS Act 302 of 1921 AN ACT to provide for the supervision of private, denominational and parochial schools; to provide the manner of securing funds in payment of the expense of such supervision; to provide the qualifications of the teachers in such schools; and to provide for the endorsement of the provisions hereof. History: 1921, Act 302, Eff. Aug. 18, The People of the State of Michigan enact: Private, denominational, and parochial schools; supervision by superintendent of public instruction; assistants; compensation; removal; intent of act. Sec. 1. The superintendent of public instruction has supervision of all the private, denominational, and parochial schools of this state in such matters and manner as provided in this act. The superintendent of public instruction shall employ assistants and employees as may be necessary to comply with the provisions of this act. The number of assistants and employees is subject to the approval of the state administrative board. The salaries and expenses shall be paid by the state treasurer from the fund designated in this act at the time and in the manner as other state officers and employees are paid. The superintendent of public instruction may remove any appointee under this act at any time that the superintendent of public instruction considers advisable. It is the intent of this act that the sanitary conditions of the schools subject to this act, the courses of study in those schools, and the qualifications of the teachers in those schools shall be of the same standard as provided by the general school laws of this state. History: 1921, Act 302, Eff. Aug. 18, 1921; CL 1929, 8151; CL 1948, ; Am. 2002, Act 701, Imd. Eff. Dec. 30, Constitutionality: Requiring all teachers in the state to be certified is not unconstitutional. Sheridan Road Baptist Church v. Department of Education, 426 Mich. 462, 396 N.W.2d 373 (1986) Private, denominational or parochial schools; definition. Sec. 2. A private, denominational or parochial school within the meaning of this act shall be any school other than a public school giving instruction to children below the age of 16 years, in the first 8 grades as provided for the public schools of the state, such school not being under the exclusive supervision and control of the officials having charge of the public schools of the state. History: 1921, Act 302, Eff. Aug. 18, 1921; CL 1929, 8152; CL 1948, Private, denominational and parochial schools; teachers, qualifications, examinations. Sec. 3. No person shall teach or give instruction in any of the regular or elementary grade studies in any private, denominational or parochial school within this state who does not hold a certificate such as would qualify him or her to teach in like grades of the public schools of the state: Provided, however, That any person who shall have taught in any elementary school or schools of the standard specified in this act for a period of 10 years or more preceding the passage of this act, shall, upon filing proof of service with the superintendent of public instruction, be entitled to a certificate by said superintendent of public instruction in such form as he shall prescribe, to teach in any of the said schools within the state: Provided further, That teaching in such schools shall be equivalent to teaching in the public schools for all purposes in obtaining a certificate: Provided further, That the teachers affected by this act may take any examination as now provided by law and that the superintendent of public instruction may direct such other examinations at such time and place as he may see fit. In all such examinations 2 sets of questions shall be prepared in subjects ordinarily written on Saturday, 1 of which sets shall be available for use on Wednesday by applicants who observe Saturday as their Sabbath: Provided further, That any certificate issued under or by virtue of this act shall be valid in any county in this state for the purpose of teaching in the schools operated under this act: Provided further, That any person holding a certificate issued by the authorities of any recognized or accredited normal school, college or university of this or other state shall be entitled to certification as now provided by law: Provided, however, That teachers employed in such private, denominational or parochial schools when this act takes effect shall have until September first, 1925, to obtain a legal certificate as herein provided. History: 1921, Act 302, Eff. Aug. 18, 1921; CL 1929, 8153; CL 1948, Constitutionality: Michigan Supreme Court held that the teacher certification requirement [for home schools] is an unconstitutional violation of the Free Exercise Clause of the First Amendment as applied to families whose religious convictions prohibit the use of certified instructors. People v DeJonge, 442 Mich 266; 501 NW 2d 127 (1993). Rendered Wednesday, April 06, 2005 Page 1 Michigan Compiled Laws Complete Through PA 4 of 2005 Regular Session Legislative Council, State of Michigan Courtesy of

15 Violation of act; hearing, closing of school, compulsory attendance. Sec. 4. In event of any violation of this act the superintendent of public instruction shall serve the person, persons, corporation, association or other agencies who operate, maintain and conduct a private, denominational or parochial school within the meaning of this act with a notice, time and place of hearing, such hearing to take place within 15 days after the date of said notice and at a place located in or conveniently near the county where such violation took place, accompanied by a copy of the complaint stating the substance of said violation: Provided, That no person shall be called to attend any such hearing on any day observed by him as the Sabbath. If at such hearing the superintendent of public instruction shall find that the violation complained of has been established he shall then serve said person, persons, corporation, association or other agencies with an order to comply with the requirements of this act found to have been violated within a reasonable time not to exceed 60 days from the date of such order: Provided, That in the event that such order refers to sanitary conditions that the said person, persons, corporation, association or other agencies shall have 6 months in which to remedy the defect. If the order of the superintendent of public instruction as specified in said notice shall not have been obeyed within the time specified herein said superintendent of public instruction may close said school and prohibit the said person, persons, corporation, association or other agencies operating or maintaining such private, denominational or parochial school from maintaining said school or from exercising any of the functions hereunder until said order of the superintendent of public instruction has been complied with. The children attending a private, denominational or parochial school refusing to comply with the requirements hereof after proceedings herein set forth shall be compelled to attend the public schools or approved private, denominational or parochial school under the provisions of the compulsory education act, the same being Act No. 200 of the Public Acts of 1905, as amended. And it shall be the duty of the person or persons having charge of the enforcement of the said compulsory education act, upon notice from the superintendent of public instruction that said private, denominational or parochial school has not complied with the provisions hereof, to compel the attendance of the children of said school or schools at the public schools or approved private, denominational or parochial school. History: 1921, Act 302, Eff. Aug. 18, 1921; CL 1929, 8154; CL 1948, Compiler's note: Act 200 of 1905, referred to in this section, was repealed by Act 319 of School investigation and examination; failure to permit, cause for suspension. Sec. 5. The superintendent of public instruction by himself, his assistants, or any duly authorized agent, shall have authority at any time to investigate and examine into the conditions of any school operating under this act as to the matters hereinbefore set forth and it shall be the duty of such school to admit such superintendent, his assistants or authorized agents and to submit for examination its sanitary condition, the records of enrollment of pupils, its courses of studies as set forth in section 1 of this act and the qualifications of its teachers. Any refusal to comply with provisions herein on the part of such school or teacher shall be considered sufficient cause to suspend the operation of said school after proceedings taken as stated in section 4 of this act. History: 1921, Act 302, Eff. Aug. 18, 1921; CL 1929, 8155; CL 1948, Construction of act. Sec. 7. Nothing in this act contained shall be construed so as to permit any parochial, denominational, or private school to participate in the distribution of the primary school fund. History: 1921, Act 302, Eff. Aug. 18, 1921; CL 1929, 8157; CL 1948, Schools for handicapped children; standards of instruction. Sec. 8. Any private, denominational or parochial school which maintains classes for the instruction of children below the age of 16 years who are physically or mentally handicapped or who are socially maladjusted shall be required to meet the standards prescribed for instruction of handicapped children in the public schools under the provisions of section 2 of chapter 19 of part 2 of Act No. 319 of the Public Acts of 1927, as amended, in addition to standards required of private, denominational and parochial schools under sections 1 and 3 of this act. History: Add. 1943, Act 140, Eff. July 30, 1943; CL 1948, Compiler's note: Act 319 of 1927, referred to in this section, was repealed by Act 269 of Rendered Wednesday, April 06, 2005 Page 2 Michigan Compiled Laws Complete Through PA 4 of 2005 Regular Session Legislative Council, State of Michigan Courtesy of

16 ATTACHMENT D What is required for a person to become certified to teach in Michigan? In order to obtain a Provisional (initial) teaching certificate, an applicant must meet the following requirements: 1. Have earned at least a bachelor s degree; 2. Complete a specific teacher education program at an approved teacher preparation institution. Michigan minimum standards require: Completion of at least 40 semester hours in a program of general or liberal education and demonstration of an acquaintance with the substance, concepts and methods of the principal areas of human knowledge and skills essential to communications and inquiry in modern society; Completion of a program providing for depth in the substantive fields to be taught; Completion of 20 semester hours in professional education courses (including at least six semester hours of directed teaching). For a Secondary Provisional certificate: Completion of a major of not less than 30 semester hours or a group major of 36 semester hours and a minor of at least 20 semester hours or a group minor of 24 semester hours, and 3 semester hours in the teaching of reading. For an Elementary Provisional certificate: Completion of a major of not less than 30 semester hours or a group major of 36 semester hours and a minor of at least 20 semester hours or a group minor of 24 semester hours; or 3 minors of at least 20 semester hours each (2 of which shall be in substantive fields and 1 planned program of 20 semester hours of methods and/or content appropriate to elementary education; and 6 semester hours in the teaching of reading). Candidates for teacher certification completing requirements at a Michigan teacher preparation institution must seek specific advice from that university. 3. Make payment of the appropriate fee. 4. Obtain passing scores on all appropriate Michigan Test for Teacher Certification (MTTC) examinations. 1

17 First Aid and CPR: Beginning July 1, 2004, in order to be certified, new teachers must possess a valid certificate of course completion for first aid training that includes cardiopulmonary resuscitation (CPR). This training may be from the American Red Cross, the American Heart Association, or from a comparable organization approved by the Michigan Department of Education. Out-of-State Applicants: The Michigan Elementary and Secondary Provisional certificates are also issued on an equivalency basis when a candidate meets all of the following criteria: 1) holds at least a bachelor s degree; 2) has completed an approved out-of-state teacher preparation program; 3) holds a regular currently valid teaching certificate from another state; and 4) has not previously held a Michigan teaching certificate. Section (5) of the Revised School Code authorizes the issuance of a Michigan Professional Education teaching certificate and applicable endorsements comparable to those the person holds in another state without requiring the person to pass any exams if the out-ofstate applicant meets all of the following requirements: First Aid and CPR: Has taught successfully for at least 3 years in a position for which the person s teaching certification from the other state was valid; Has earned, after his or her initial certification in another state, at least 18 semester credit hours in a planned course of study at a State Board approved institution of higher education or has earned, at any time, a State Board approved master s or doctoral degree; Has met the elementary or secondary, as applicable, reading credit requirement established under State Board rule. Beginning July 1, 2004, in order to be certified, new teachers must possess a valid certificate of course completion for first aid training that includes cardiopulmonary resuscitation (CPR). This training may be from the American Red Cross, the American Heart Association, or from a comparable organization approved by the Michigan Department of Education. What is required for a person to hold a teaching permit? There are three types of teacher permits issued in Michigan: the substitute, full-year, and emergency. The substitute permit allows a person who does not hold a valid Michigan teacher certificate to be employed for a regular (full-time) teaching assignment. To qualify for this type of permit, a person must have completed at least 120 semester hours of satisfactory college credit. Of these credits, 15 are required to be in professional education. It is important to note that this type of permit can only be issued when it is documented that an appropriately certified teacher is not available to fill a position of a regular teaching assignment. 2

18 The emergency permit is issued only in situations that qualify as an emergency because the lack of a teacher will deprive children of an education (a labor dispute is not considered an emergency). The emergency permit allows a school district, public school academy or nonpublic school to employ a person who does not hold a valid Michigan teacher certificate assignment. Qualifications include: completion of a baccalaureate or higher degree at a regionally or nationally accredited college or university; or current enrollment and completion of at least 90 semester hours in an approved teacher or a person who meets the requirements for a full-year permit is not available for the teaching assignment identified as an emergency situation. Section b of the Revised School Code authorizes employment of a noncertificated, nonendorsed teacher for grades 9-12 in the subject areas of computer science, foreign language, mathematics, biology, chemistry, engineering, physics, robotics, or in another subject area designated by the State Board of Education only. A permit for the full year is needed. Teacher permits are issued to local and intermediate school districts, public school academies and nonpublic schools only. They are not issued to individuals. For additional information regarding teacher preparation and certification, contact Dr. Frank Ciloski at (517) When seeking information specifically regarding permits, please call Ms. Karen Taylor at (517) For more information regarding the Michigan Test for Teacher Certification, contact Dr. Catherine Smith at (517) , or visit the MTTC website at 3

19 THE REVISED SCHOOL CODE (EXCERPT) Act 451 of Offer of employment as teacher, school administrator, substitute teacher, or position requiring state board approval; criminal history check; employment as conditional employee; conditions; voiding contract and terminating employment; report received by another district; consent; request; conducting criminal history check; report; use; disclosure; violation as misdemeanor; penalty; definitions. Sec (1) Beginning with hiring for the school year and subject to subsections (2), (4), and (5), upon an offer of initial employment being made by the board of a school district, local act school district, or intermediate school district or the governing body of a public school academy or nonpublic school to an individual for a position as a teacher or a school administrator or for a position requiring state board approval, the district, public school academy, or nonpublic school shall request from the criminal records division of the department of state police a criminal history check on the individual and, before employing the individual as a regular employee, shall have received from the department of state police the report described in subsection (8). (2) If the board of a school district, local act school district, or intermediate school district or the governing body of a public school academy or nonpublic school determines it necessary to employ an individual for a position described in subsection (1) for a particular school year during that school year or within 30 days before the beginning of that school year, the board or governing body may employ the individual as a conditional employee under this subsection without first receiving the report described in subsection (8) if all of the following apply: (a) The board or governing body requests the criminal history check required under subsection (1) before conditionally employing the individual. (b) The individual signs a statement that identifies all crimes for which he or she has been convicted, if any, and agreeing that, if the report described in subsection (8) is not the same as the individual's statement, his or her employment contract will be voidable at the option of the board or governing body. Not later than July 28, 1993, the department shall develop and distribute to districts and nonpublic schools a model form for the statement required under this subdivision. The department shall make the model form available to public school academies. A district, public school academy, or nonpublic school shall use the model form for the purposes of this subsection. (3) If an individual is employed as a conditional employee under subsection (2) and the report described in subsection (8) is not the same as the individual's statement under subsection (2), the board or governing body may void the individual's employment contract. If an employment contract is voided under this subsection, the individual's employment is terminated, a collective bargaining agreement that would otherwise apply to the individual's employment does not apply to the termination, and the district, public school academy, or nonpublic school or the board or governing body is not liable for the termination. (4) For an applicant for a position as a substitute teacher, instead of requesting a criminal history check under subsection (1), a school district, local act school district, intermediate school district, public school academy, or nonpublic school may use a report received by another district, public school academy, or nonpublic school or maintained by the department to confirm that the individual does not have any criminal history. If that confirmation is not available, subsection (1) applies to an applicant for a position as a substitute teacher. (5) If an applicant for a position described in subsection (1) is being considered for employment in such a position by more than 1 school district, local act school district, intermediate school district, public school academy, or nonpublic school and if the applicant agrees in writing to allow a district, public school academy, or nonpublic school to share the report described in subsection (8) with another district, public school academy, or nonpublic school, a district, public school academy, or nonpublic school may satisfy the requirements of subsection (1) by obtaining a copy of the report described in subsection (8) from another district, public school academy, or nonpublic school. (6) An applicant for a position described in subsection (1) shall give written consent at the time of application for the criminal records division of the department of state police to conduct the criminal history check required under this section. (7) A school district, local act school district, intermediate school district, public school academy, or nonpublic school shall make a request to the criminal records division of the department of state police for a criminal history check required under this section on a form and in a manner prescribed by the criminal records division of the department of state police. Rendered Wednesday, April 06, 2005 Page 1 Michigan Compiled Laws Complete Through PA 4 of 2005 Regular Session Legislative Council, State of Michigan Courtesy of

20 (8) Within 30 days after receiving a proper request by a school district, local act school district, intermediate school district, public school academy, or nonpublic school for a criminal history check on an applicant under this section, the criminal records division of the department of state police shall conduct the criminal history check and, after conducting the criminal history check and within that time period, provide a report of the results of the criminal history check to the district, public school academy, or nonpublic school. The report shall contain any criminal history record information on the applicant maintained by the criminal records division of the department of state police. (9) Criminal history record information received from the criminal records division of the department of state police under subsection (8) shall be used by a school district, local act school district, intermediate school district, public school academy, or nonpublic school only for the purpose of evaluating an applicant's qualifications for employment in the position for which he or she has applied and for the purposes of subsection (3). A member of the board of a district or of the governing body of a public school academy or nonpublic school or an employee of a district, public school academy, or nonpublic school shall not disclose the report or its contents except any felony conviction or a misdemeanor conviction involving sexual or physical abuse to any person who is not directly involved in evaluating the applicant's qualifications for employment. However, for the purposes of subsection (4), a person described in this subsection may confirm to an employee of another district, public school academy, or nonpublic school that a report under subsection (8) has revealed that an individual does not have any criminal history or may disclose that no report under subsection (8) has been received concerning the individual, and for the purposes of subsection (5), a person described in this subsection may provide a copy of the report under subsection (8) concerning the individual to an appropriate representative of another district, public school academy, or nonpublic school. A person who violates this subsection is guilty of a misdemeanor punishable by a fine of not more than $10,000.00, but is not subject to the penalties under section (10) As used in this section: (a) Criminal history record information means that term as defined in section 1a of Act No. 289 of the Public Acts of 1925, being section a of the Michigan Compiled Laws. (b) State board approval means that term as defined in section 1539b. History: Add. 1992, Act 99, Imd. Eff. June 23, 1992; Am. 1993, Act 68, Imd. Eff. June 21, 1993; Am. 1993, Act 284, Eff. Apr. 1, Popular name: Act 451 Rendered Wednesday, April 06, 2005 Page 2 Michigan Compiled Laws Complete Through PA 4 of 2005 Regular Session Legislative Council, State of Michigan Courtesy of