HB-5865, As Passed House, March 30, 2006
March 14, 2006, Introduced by Reps. Kahn, Farhat, Kolb, Taub, Brown, Hood, Hansen, Marleau, Caswell, Gaffney, Hildenbrand, LaJoy, Schuitmaker, Polidori, Caul, Nofs, Sheltrown, Baxter, Whitmer, Farrah, Byrnes, Huizenga, Stahl, Proos, Rocca, Garfield, Sak, Gleason, Pastor, Stewart, Jones, Angerer, Booher, Gillard, McDowell, Byrum, Zelenko, Vagnozzi, Alma Smith, Lipsey, Nitz, Mortimer, Ball, Brandenburg, Amos, Bieda, Moolenaar, Stakoe, Wenke, David Law, Mayes, Pavlov, Palsrok and Cheeks and referred to the Committee on Appropriations.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1285a (MCL 380.1285a), as amended by 2002 PA
695.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1285a. (1) If a school district or intermediate school
district operates a child care center, as defined in section 1 of
1973 PA 116, MCL 722.111, then, except as provided in this
subsection, the child care center is subject to the requirements of
1973 PA 116, MCL 722.111 to 722.128. If a child care center
established and operated by a school district or intermediate
school district is located in a school building that is approved
and
inspected by the state fire marshal bureau of fire services
created in section 1b of the fire prevention code, 1941 PA 207, MCL
29.1b, or other similar authority as provided in section 3 of 1937
PA 306, MCL 388.853, for school purposes and is in compliance with
school
fire safety rules, as determined by the
state fire marshal
bureau of fire services or a fire inspector certified pursuant to
section 2b of the fire prevention code, 1941 PA 207, MCL 29.2b, the
child care center is not subject to any fire prevention or fire
safety requirements under 1973 PA 116, MCL 722.111 to 722.128.
Beginning July 1, 2003, as used in this subsection, "child care
center" does not include a program described in subsection (2) that
has been granted an exemption from child care center approval by
the
department of consumer and industry human services
as
provided under section 1(2) of 1973 PA 116, MCL 722.111.
(2) Beginning July 1, 2003, if a school district, public
school academy, or intermediate school district operates or
contracts for the operation of a before- or after-school program
for children in grades K to 8, and if the program is exempt from
child care center approval as provided under section 1(2) of 1973
PA 116, MCL 722.111, all of the following apply to the operation of
the program:
(a) The program shall meet all of the following staffing
requirements:
(i) Shall have at least 2 adult program staff members present
at all times when children are present.
(ii) Shall have a child to adult program staff member ratio
that meets the following:
(A) (a)
For children in grades K to 3, is no greater than
the lesser of either 20 children to 1 adult program staff member or
the average pupil to teacher ratio during school hours in that
school district, public school academy, or intermediate school
district in regular K to 3 classrooms.
(B) (b)
For children in grades 4 to 8, is no greater than
the lesser of either 25 children to 1 adult program staff member or
the average pupil to teacher ratio during school hours in that
school district, public school academy, or intermediate school
district in regular grade 4 to 8 classrooms.
(iii) Within 3 months after he or she begins to work in the
program, each adult program staff member shall hold valid
certification in cardiopulmonary resuscitation and basic first aid
issued by the American red cross, American heart association, or a
comparable organization or institution approved by the department.
(b) The program shall be located at school in facilities
comparable to rooms used by pupils during the regular school day.
(c) The program shall provide daily activities and
relationships that offer each child in the program opportunities
for physical development; social development, including positive
self-concept; and intellectual development.
(d) If food is served, the food service shall comply with the
same nutrition requirements that apply to food service by the
school district, public school academy, or intermediate school
district during the regular school day.
(e) If the school district, public school academy, or
intermediate school district uses its employees to staff the
program, before assigning a staff member to work in the program,
the school district, public school academy, or intermediate school
district shall comply with sections 1230 and 1230a with respect to
that individual to the same extent as if the individual were being
hired as a teacher. If the school district, public school academy,
or intermediate school district contracts for the operation or
staffing of the program, the contract shall contain assurance that
the contracting person or entity, before assigning an individual to
work in the program, will comply with sections 1230 and 1230a with
respect to that individual to the same extent as if the person or
entity were a school district employing the individual as a
teacher. The department of state police shall provide information
to a school district, public school academy, intermediate school
district, or contracting person or entity requesting information
under this subdivision to the same extent as if the school
district, public school academy, intermediate school district, or
person or entity were a school district making the request under
section 1230 or 1230a.
(f) The board of the school district or intermediate school
district or board of directors of the public school academy, in
consultation with the director of the program and the principal of
the school at which the program is operated, shall develop, adopt,
and annually review a policy concerning the program that, at a
minimum, addresses safety procedures for the program, including
first aid, food safety, discipline, dispensing and storage of
medication, and access to student emergency information and
telephones.
(g) Not later than September 1 of each school year, the board
of the school district or intermediate school district or board of
directors of the public school academy shall adopt and submit to
the secretary of the intermediate school board a resolution
affirming that the program and the corresponding policies comply
with this section. This submission shall include a copy of the
policy under subdivision (f).
(h) The board of the school district or intermediate school
district or board of directors of the public school academy shall
make copies of the policy under subdivision (f), and of any annual
reviews or revisions, available to the public.
(3) Not later than April 1, 2003, the department, in
consultation
with the department of consumer and industry human
services, shall develop and make available to the public model
standards for before- or after-school programs operated under
subsection (2) that address human relationships; indoor
environment; outdoor environment; activities; safety, health, and
nutrition; and administration. In developing these model standards,
the department shall give substantial consideration to similar
factors in the requirements placed on child care centers under 1973
PA 116, MCL 722.111 to 722.128. A school district, public school
academy, or intermediate school district is not required to follow
these model standards.
(4) Beginning July 1, 2003, the board of a school district or
intermediate school district or board of directors of a public
school academy shall ensure that any written information published
or distributed by the school district, public school academy, or
intermediate school district concerning a before- or after-school
program it operates under subsection (2) includes a statement in at
least 10-point type notifying the public whether the program
follows or deviates from the model standards developed under
subsection (3).
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 1133 or House Bill No.____ (request no.
03197'05 ***) of the 93rd Legislature is enacted into law.