Mich. Comp. Laws § 388.554

Violation of act; hearing, closing of school, compulsory attendance.

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PRIVATE, DENOMINATIONAL, AND PAROCHIAL SCHOOLS


Act 302 of 1921


388.554 Violation of act; hearing, closing of school, compulsory attendance.

Sec. 4.

    In event of any violation of this act the superintendent of public instruction shall serve the person, persons, corporation, association or other agencies who operate, maintain and conduct a private, denominational or parochial school within the meaning of this act with a notice, time and place of hearing, such hearing to take place within 15 days after the date of said notice and at a place located in or conveniently near the county where such violation took place, accompanied by a copy of the complaint stating the substance of said violation: Provided, That no person shall be called to attend any such hearing on any day observed by him as the Sabbath. If at such hearing the superintendent of public instruction shall find that the violation complained of has been established he shall then serve said person, persons, corporation, association or other agencies with an order to comply with the requirements of this act found to have been violated within a reasonable time not to exceed 60 days from the date of such order: Provided, That in the event that such order refers to sanitary conditions that the said person, persons, corporation, association or other agencies shall have 6 months in which to remedy the defect. If the order of the superintendent of public instruction as specified in said notice shall not have been obeyed within the time specified herein said superintendent of public instruction may close said school and prohibit the said person, persons, corporation, association or other agencies operating or maintaining such private, denominational or parochial school from maintaining said school or from exercising any of the functions hereunder until said order of the superintendent of public instruction has been complied with. The children attending a private, denominational or parochial school refusing to comply with the requirements hereof after proceedings herein set forth shall be compelled to attend the public schools or approved private, denominational or parochial school under the provisions of the compulsory education act, the same being Act No. 200 of the Public Acts of 1905, as amended. And it shall be the duty of the person or persons having charge of the enforcement of the said compulsory education act, upon notice from the superintendent of public instruction that said private, denominational or parochial school has not complied with the provisions hereof, to compel the attendance of the children of said school or schools at the public schools or approved private, denominational or parochial school.

History: 1921, Act 302, Eff. Aug. 18, 1921 ;-- CL 1929, 8154 ;-- CL 1948, 388.554

Compiler's Notes:

    Act 200 of 1905, referred to in this section, was repealed by Act 319 of 1927.

Notes of Decisions
Cited in 8 cases, 1971–1993 · leading case: Clonlara, Inc v. State Board of Education
Clonlara, Inc v. State Board of Education (1993) mich · cites it 6× “[8] MCL 388.554 et seq.; MSA 15.1924 et seq. [9] When the trial began in February 1989, Daniel was fifteen, Tamara was thirteen, and Gene David was twelve.”
Advisory Opinion Re Constitutionality of Pa 1970, No 100 (1971) mich · cites it 4× “[33] MCLA § 388.554 (Stat Ann 1968 Rev § 15.1924).”
Sheridan Road Baptist Church v. Department of Education (1986) mich · cites it 2× “[MCL 388.554; MSA 15.1924.] Sec. 5. The superintendent of public instruction by himself, his assistants, or any duly authorized agent, shall have authority at any time to investigate and examine into the conditions of any school operating under this act as to the matters…”
People v. Bennett (1993) mich · cites it 4× “The statutes in question, MCL 388.554; MSA 15.1924 (the private school act) and MCL 380.”
Sheridan Road Baptist Church v. Department of Education (1984) michctapp “1925, MCL 388.554; MSA 15.1924. On December 8, 1980, plaintiffs filed a complaint for declaratory and injunctive relief alleging, inter alia, the following: (1) The plaintiffs include a teacher, pastor, parents, and churches who adhere to a fundamentalist Christian faith; (2)…”
Clonlara, Inc. v. Runkel (1989) mied “§ 388.554 violates due process rights created by state law.”
Clonlara, Inc v. State Board of Education (1991) michctapp “, and set forth circumstances under which the department may institute enforcement proceedings against schools under § 4 of the nonpublic school act, MCL 388.554; MSA 15.1924, for noncompliance.”
People v. DeJonge (1989) michctapp “It provides at MCL 388.554; MSA 15.1924: Sec. 4. In event of any violation of this act the superintendent of public instruction shall serve the person, persons, corporation, association or other agencies who operate, maintain and conduct a private, denominational or parochial…”
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