SB 204

substitute for
Senate BILL NO. 204
A bill to amend 1976 PA 451, entitled
"The revised school code,"
(MCL 380.1 to 380.1852) by adding section 1258.
the peoplE of the state of michigan enact:
Sec. 1258. (1) By not later than July
31, 2026, the board of a school district or intermediate school district or
board of directors of a public school academy shall adopt and implement a
policy that prescribes procedures the school district, intermediate school
district, or public school academy must follow before closing a school
building. These procedures must address at least all of the following:
(a)
Reporting of data to the department as required by law.
(b)
Transition of students and the students' records, including academic and medical
records, to new schools.
(c) The
selection of a records repository for the purposes of subsection (4) and the
submission of student records to that repository.
(d) Timely
notification to the parents and legal guardians of students enrolled in the
school and employees working at the school. These notification procedures must
include at least a 1-month notice before a school is closed and at least 1
public meeting. For a public school academy that receives from its authorizing
body a notice of revocation or nonrenewal of the public school academy's
contract, these notification procedures also must include notice within 1 month
after receipt of that notice of revocation or nonrenewal. For a school district
or intermediate school district, the notification to parents and legal
guardians also must include information regarding the reassignment of students to
other schools operated by the school district or intermediate school district.
For a public school academy, the notification to parents and legal guardians also
must include information about options for placement in other public schools
along with contact information and important timelines for enrollment in other
public schools. A notification provided to parents and legal guardians under
this subdivision must include information on where student records are being
stored and how parents and legal guardians can access them. The notification
procedures must provide for notifications described in this subdivision to be
made by first-class mail unless that method of notice is not financially
feasible, in which case an alternative method may be used such as electronic
notice, sending notifications home with students, or contracting with a third
party to provide notifications.
(e)
Distribution of assets and proper securement of the closed school building
within 60 days after it is closed, if it is not anticipated to be leased or
sold in a timely manner. The procedure for distribution of assets must include
at least an accounting of the assets of the school building and a report to the
board of the school district or intermediate school district or to the
authorizing body of the public school academy, and to the department that
inventories those assets including any obligated fund amounts. However, except
as otherwise provided under this act, for a public school that has been
incorporated under the nonprofit corporation act, 1982 PA 162, MCL 450.2101 to
450.3192, the procedure for distribution of assets must comply with that act
with respect to distribution of assets.
(f) That if
a decision to close a school building is based on financial projections made
during the normal budget development process for the school fiscal year
beginning on the next July 1, the closure decision must be made and the
notification procedures under subdivision (d) must be started not later than
that next July 1.
(g) That if
a decision to close a school building is made for a reason other than finances,
the closure decision must be made and the notification procedures under
subdivision (d) must be started not later than the end of the school fiscal
year, and that a closure during the next school year for a reason other than
finances is prohibited unless this deadline is met.
(h) That the
closure of a school building during the school year is allowed only if there is
an extenuating circumstance that would endanger the health or safety of the students
in attendance at the school building. For a closure allowed under this
subdivision, the notification procedures under subdivision (d) must be started
as soon as possible after the discovery of the extenuating circumstance.
(2) A
policy adopted under subsection (1) must include language regarding the
allocation of funds to employ an individual to facilitate the transition and
ensure that all applicable requirements of the law are met.
(3) By not later
than March 31, 2026, the department shall develop and make available a model
policy for the purposes of this section that complies with subsection (1).
(4) A
policy adopted under subsection (1) must include the selection of a records
repository to provide long-term storage and maintenance of the records of students
of the closed school building that are not delivered to new schools under
subsection (1)(b). The intermediate school district in which the closed school
building is located is the default records repository for those records unless
the closed school building is a public school academy and the school district
in which the closed school building is located or the public school academy's
authorizing body agrees to act as the records repository for those records.