Michigan Laws 380.1135 – Proof of identity and age; notice of noncompliance; investigation; reporting inaccurate or suspicious affidavit; school record of transfer student; compliance; effect of tagged record; confidenti
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Terms Used In Michigan Laws 380.1135
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
(1) Upon enrollment of a student for the first time in a local school district, public school academy, or intermediate school district, the local school district, public school academy, or intermediate school district shall notify in writing the person enrolling the student that within 30 days he or she shall provide to the local school district, public school academy, or intermediate school district either of the following:
(a) A copy of the student’s birth certificate.
(b) Other reliable proof, as determined by the local school district, public school academy, or intermediate school district, of the student’s identity and age, and an affidavit explaining the inability to produce a copy of the birth certificate.
(2) If a person enrolling a student fails to comply with subsection (1), the local school district, public school academy, or intermediate school district shall notify the person enrolling the student in writing that, unless he or she complies within 30 days after the notification, the case must be referred to the local law enforcement agency for investigation. If the person enrolling the student fails to comply within that 30-day period, the local school district, public school academy, or intermediate school district shall notify the local law enforcement agency.
(3) The local school district, public school academy, or intermediate school district shall immediately report to the local law enforcement agency any affidavit received under this section that appears inaccurate or suspicious in form or content.
(4) Within 14 days after enrolling a transfer student, the school shall request in writing directly from the student’s previous school a copy of his or her school record. Any school that compiles records for each student in the school and that is requested to forward a copy of a transferring student’s record to the new school shall comply within 30 days after receipt of the request unless the record has been tagged under section 1134. If a student record has been tagged under section 1134, a copy of the student record must not be forwarded, and the requested school shall notify the law enforcement agency that notified the school district of the missing student under section 8 of 1968 PA 319, MCL 28.258, of the request.
(5) A local school district, public school academy, or intermediate school district shall not disclose any personally identifiable information contained in a student record to a law enforcement agency, except in compliance with 20 USC 1232g, commonly referred to as the family educational rights and privacy act.