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Engler Signs into
Law Bill Exempting School-Based Child Care from Licensing
Requirements
from the Office of the
Governor, December 30, 2002
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This is the text of the bill signed by the Governor on
December 30, 2002:
STATE OF MICHIGAN, 91ST LEGISLATURE, REGULAR SESSION OF 2002
Introduced by Reps. Voorhees, Vander Veen, Bradstreet,
Kooiman, Meyer, Kuipers, Patterson, Pappageorge, Gosselin,
Vander Roest and Richner
ENROLLED HOUSE BILL No. 5583
AN ACT to amend 1976 PA 451, entitled "An act to provide a
system of public instruction and elementary and secondary
schools; to revise, consolidate, and clarify the laws relating
to elementary and secondary education; to provide for the
organization, regulation, and maintenance of schools, school
districts, public school academies, and intermediate school
districts; to prescribe rights, powers, duties, and privileges
of schools, school districts, public school academies, and
intermediate school districts; to provide for the regulation
of school teachers and certain other school employees; to
provide for school elections and to prescribe powers and
duties with respect thereto; to provide for the levy and
collection of taxes; to provide for the borrowing of money and
issuance of bonds and other evidences of indebtedness; to
establish a fund and provide for expenditures from that fund;
to provide for and prescribe the powers and duties of certain
state departments, the state board of education, and certain
other boards and officials; to provide for licensure of
boarding schools; to prescribe penalties; and to repeal acts
and parts of acts," by amending section 1285a (MCL 380.1285a),
as added by 1996 PA 285.
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 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 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 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) 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) 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
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 House Bill No. 5584 of the 91st Legislature is enacted
into law.
Clerk of the House of Representatives.
Secretary of the Senate.
Approved
Governor.
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STATE OF
MICHIGAN, 91ST LEGISLATURE, REGULAR SESSION OF 2002
Introduced by Reps. Jacobs and Kuipers
ENROLLED HOUSE BILL No. 5584
AN ACT to amend 1973 PA 116, entitled "An act to provide for
the protection of children through the licensing and
regulation of child care organizations; to provide for the
establishment of standards of care for child care
organizations; to prescribe powers and duties of certain
departments of this state and adoption facilitators; to
provide penalties; and to repeal acts and parts of acts," by
amending section 1 (MCL 722.111), as amended by 1994 PA 205.
The People of the State of Michigan enact:
Sec. 1. (1) As used in this act:
(a) "Child care organization" means a governmental or
nongovernmental organization having as its principal function
the receiving of minor children for care, maintenance,
training, and supervision, notwithstanding that educational
instruction may be given. Child care organization includes
organizations commonly described as child caring institutions,
child placing agencies, children's camps, child care centers,
day care centers, nursery schools, parent cooperative
preschools, foster homes, group homes, or day care homes.
Child care organization does not include a governmental or
nongovernmental organization that does either of the
following:
(i) Provides care exclusively to minors who have been
emancipated by court order pursuant to section 4(3) of 1968 PA
293, MCL 722.4.
(ii) Provides care exclusively to persons who are 18 years of
age or older and to minors who have been emancipated by court
order pursuant to section 4(3) of 1968 PA 293, MCL 722.4, at
the same location.
(b) "Child caring institution" means a child care facility
that is organized for the purpose of receiving minor children
for care, maintenance, and supervision, usually on a 24-hour
basis, in buildings maintained by the child caring institution
for that purpose, and operates throughout the year. An
educational program may be provided, but the educational
program shall not be the primary purpose of the facility.
Child caring institution includes a maternity home for the
care of unmarried mothers who are minors and an agency group
home, that is described as a small child caring institution
owned, leased, or rented by a licensed agency providing care
for more than 4 but less than 13 minor children. Child caring
institution also includes institutions for mentally retarded
or emotionally disturbed minor children. Child caring
institution does not include a hospital, nursing home, or home
for the aged licensed under article 17 of the public health
code, 1978 PA 368, MCL 333.20101 to 333.22260, a boarding
school licensed under section 1335 of the revised school code,
1976 PA 451, MCL 380.1335, a hospital or facility operated by
the state or licensed under the mental health code, 1974 PA
258, MCL 330.1001 to 330.2106, or an adult foster care family
home or an adult foster care small group home licensed under
the adult foster care facility licensing act, 1979 PA 218, MCL
400.701 to 400.737, in which a child has been placed pursuant
to section 5(6).
(c) "Child placing agency" means a governmental organization
or an agency organized pursuant to the nonprofit corporation
act, 1982 PA 162, MCL 450.2101 to 450.3192, for the purpose of
receiving children for placement in private family homes for
foster care or for adoption. The function of a child placing
agency may include investigating applicants for adoption and
investigating and certifying foster family homes and foster
family group homes as provided in this act. The function of a
child placing agency may also include supervising children who
are 16 or 17 years of age and who are living in unlicensed
residences as provided in section 5(4).
(d) "Children's camp" means a residential, day, troop, or
travel camp conducted in a natural environment for more than 4
school-age children, apart from the children's parents,
relatives, or legal guardians, for 5 or more days in a 14-day
period. A children's camp provides care and supervision for
the same group of children for usually not more than 12 weeks.
(e) "Child care center" or "day care center" means a facility,
other than a private residence, receiving 1 or more preschool
or school-age children for care for periods of less than 24
hours a day, and where the parents or guardians are not
immediately available to the child. Child care center or day
care center includes a facility that provides care for not
less than 2 consecutive weeks, regardless of the number of
hours of care per day. The facility is generally described as
a child care center, day care center, day nursery, nursery
school, parent cooperative preschool, play group, or drop-in
center. Child care center or day care center does not include
any of the following:
(i) A Sunday school, a vacation bible school, or a religious
instructional class that is conducted by a religious
organization where children are attending for not more than 3
hours per day for an indefinite period or for not more than 8
hours per day for a period not to exceed 4 weeks during a
12-month period.
(ii) A facility operated by a religious organization where
children are cared for not more than 3 hours while persons
responsible for the children are attending religious services.
(iii) Beginning July 1, 2003, a facility or program for
school-age children that is operated at a school by a public
school or by a person or entity with whom a public school
contracts for services, in accordance with section 1285a(2) of
the revised school code, 1976 PA 451, MCL 380.1285a, if that
facility or program has been granted an exemption under
subsection (2).
(f) "Private home" means a private residence in which the
licensee or registrant permanently resides as a member of the
household, which residency is not contingent upon caring for
children or employment by a licensed or approved child placing
agency. Private home includes a full-time foster family home,
a full-time foster family group home, a group day care home,
or a family day care home, as follows:
(i) "Foster family home" is a private home in which 1 but not
more than 4 minor children, who are not related to an adult
member of the household by blood or marriage, or who are not
placed in the household pursuant to the Michigan adoption
code, chapter X of the probate code of 1939, 1939 PA 288, MCL
710.21 to 710.70, are given care and supervision for 24 hours
a day, for 4 or more days a week, for 2 or more consecutive
weeks, unattended by a parent or legal guardian.
(ii) "Foster family group home" means a private home in which
more than 4 but fewer than 7 minor children, who are not
related to an adult member of the household by blood or
marriage, or who are not placed in the household pursuant to
the Michigan adoption code, chapter X of the probate code of
1939, 1939 PA 288, MCL 710.21 to 710.70, are provided care for
24 hours a day, for 4 or more days a week, for 2 or more
consecutive weeks, unattended by a parent or legal guardian.
(iii) "Family day care home" means a private home in which 1
but fewer than 7 minor children are received for care and
supervision for periods of less than 24 hours a day,
unattended by a parent or legal guardian, except children
related to an adult member of the family by blood, marriage,
or adoption. Family day care home includes a home in which
care is given to an unrelated minor child for more than 4
weeks during a calendar year.
(iv) "Group day care home" means a private home in which more
than 6 but not more than 12 minor children are given care and
supervision for periods of less than 24 hours a day unattended
by a parent or legal guardian, except children related to an
adult member of the family by blood, marriage, or adoption.
Group day care home includes a home in which care is given to
an unrelated minor child for more than 4 weeks during a
calendar year.
(g) "Licensee" means a person, partnership, firm, corporation,
association, nongovernmental organization, or local or state
government child care organization that has been issued a
license under this act to operate a child care organization.
(h) "Provisional license" means a license issued to a child
care organization that is temporarily unable to conform to all
of the rules promulgated under this act.
(i) "Regular license" means a license issued to a child care
organization indicating that the organization is in compliance
with all rules promulgated under this act.
(j) "Guardian" means the guardian of the person.
(k) "Minor child" means any of the following:
(i) A person less than 18 years of age.
(ii) A person who is a resident in a child caring institution,
children's camp, foster family home, or foster family group
home; who becomes 18 years of age while residing in the child
caring institution, children's camp, foster family home, or
foster family group home; and who continues residing in the
child caring institution, children's camp, foster family home,
or foster family group home to receive care, maintenance,
training, and supervision. However, a minor child under this
subparagraph does not include a person 18 years of age or
older who is placed in a child caring institution, foster
family home, or foster family group home pursuant to an
adjudication under section 2(a) of chapter XIIA of the probate
code of 1939, 1939 PA 288, MCL 712A.2, or section 1 of chapter
IX of the code of criminal procedure, 1927 PA 175, MCL 769.1.
This subparagraph applies only if the number of those
residents who become 18 years of age does not exceed the
following:
(A) Two, if the total number of residents is 10 or fewer.
(B) Three, if the total number of residents is not less than
11 and not more than 14.
(C) Four, if the total number of residents is not less than 15
and not more than 20.
(D) Five, if the total number of residents is 21 or more.
(iii) A person 18 years of age or older who is placed in a
foster family home under section 5(7).
(l) "Registrant" means a person who has been issued a
certificate of registration under this act to operate a family
day care home.
(m) "Registration" means the process by which the department
of consumer and industry services regulates family day care
homes, and includes the requirement that a family day care
home certify to the department that the family day care home
has complied with and will continue to comply with the rules
promulgated under this act.
(n) "Certificate of registration" means a written document
issued under this act to a family day care home through
registration.
(o) "Related" means a parent, grandparent, brother, sister,
stepparent, stepsister, stepbrother, uncle, aunt, cousin,
great aunt, great uncle, or stepgrandparent related by
marriage, blood, or adoption.
(p) "Religious organization" means church, ecclesiastical
corporation, or group, not organized for pecuniary profit,
that gathers for mutual support and edification in piety or
worship of a supreme deity.
(2) A facility or program for school-age children that is
operated at a school by a public school or by a person or
entity with whom a public school contracts for services and
that has been in operation and approved for a minimum of 4
years may apply to the department of consumer and industry
services to be exempt from this act. The department of
consumer and industry services shall respond to a facility or
program requesting exemption under this subsection within 45
days from the date the completed application is received. The
department of consumer and industry services may exempt from
this act a facility or program that meets all of the following
criteria:
(a) The facility or program has been in operation and approved
for a minimum of 4 years before the application date.
(b) During the 4 years before the application date, the
facility or program has not had a substantial violation of
this act, rules promulgated under this act, or the terms of an
approval under this act.
(c) The school board or board of directors adopts a resolution
supporting the application for exemption described in this
subsection.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 5583 of the 91st Legislature is enacted
into law.
Clerk of the House of Representatives.
Secretary of the Senate.
Approved
Governor.
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