Section 388.1766b - Minor enrolled in nonpublic school or home school.
THE STATE SCHOOL AID ACT OF 1979 (EXCERPT)
Act 94 of 1979
***** 388.1766b THIS SECTION IS AMENDED EFFECTIVE OCTOBER 1, 2010: See 388.1766b.amended *****
388.1766b Minor enrolled in nonpublic school or home school.
Sec. 166b.
(1) This act does not prohibit a parent or legal guardian of a minor who is enrolled in any of grades 1 to 12 in a nonpublic school or who is being home-schooled from also enrolling the minor in a district or intermediate district in any curricular offering that is provided by the district or intermediate district at a public school site and is available to pupils in the minor's grade level or age group, subject to compliance with the same requirements that apply to a full-time pupil's participation in the offering. However, state school aid shall be provided under this act for a minor enrolled as described in this subsection only for curricular offerings that are offered to full-time pupils in the minor's grade level or age group during regularly scheduled school hours.
(2) This act does not prohibit a parent or legal guardian of a minor who is enrolled in any of grades 1 to 12 in a nonpublic school located within the district or who resides within the district and is being home-schooled from also enrolling the minor in the district in a curricular offering being provided by the district at the nonpublic school site. However, state school aid shall be provided under this act for a minor enrolled as described in this subsection only if all of the following apply:
(a) Either of the following:
(i) The nonpublic school site is located, or the nonpublic students are educated, within the geographic boundaries of the district.
(ii) If the nonpublic school has submitted a written request for a specific fiscal year to the district in which the nonpublic school is located for the district to provide certain instruction under this subsection for a school year and the district does not agree to provide some or all of that instruction by May 1 immediately preceding that school year or, if the request is submitted after March 1 immediately preceding that school year, within 60 days after the nonpublic school submits the request, the portion of the instruction that the district has not agreed to provide is instead provided by a district that is contiguous to the district in which the nonpublic school is located. This subparagraph applies only to instruction, or a portion of instruction, that is specifically included in the written request that was made to the district in which the nonpublic school is located and that was denied by that district.
(b) The nonpublic school is registered with the department as a nonpublic school and meets all state reporting requirements for nonpublic schools.
(c) The instruction is scheduled to occur during the regular school day.
(d) The instruction is provided directly by an employee of the district or of an intermediate district.
(e) The curricular offering is also available to full-time pupils in the minor's grade level or age group in the district during the regular school day at a public school site.
(f) The curricular offering is restricted to nonessential elective courses for pupils in grades 1 to 12.
(3) A minor enrolled as described in this section is a part-time pupil for purposes of state school aid under this act.
(4) A district that receives a written request to provide instruction under subsection (2) shall reply to the request in writing by May 1 immediately preceding the applicable school year or, if the request is made after March 1 immediately preceding that school year, within 60 days after the nonpublic school submits the request. The written reply shall specify whether the district agrees to provide or does not agree to provide the instruction for each portion of instruction included in the request.
History: Add. 1993, Act 175, Eff. Oct. 1, 1993 ;-- Am. 1995, Act 130, Eff. Oct. 1, 1995 ;-- Am. 1996, Act 300, Eff. Oct. 1, 1996 ;-- Am. 1998, Act 339, Imd. Eff. Oct. 13, 1998 ;-- Am. 1999, Act 119, Imd. Eff. July 20, 1999 ;-- Am. 2008, Act 219, Imd. Eff. July 16, 2008