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SB 492

Relating to the Department of State Police.

2025 Regular Session Introduced by David Smith

SB 492 requires enrollment confirmation before sharing transfer records; strengthens ID checks and timelines, protecting students from unenrollment and police referrals.

In committee upon adjournment.
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Bill Summary · SB 492

Summary — SB 492 (Substitute S-1) — Education: transfer student records / unenrolling students

Amends: MCL 380.1135 (Section 1135 of the Revised School Code)
Introduced: February 19, 2025
Current status: Referred to Committee of the Whole with Substitute (S-1)

Main purpose

To close an enrollment/record-transfer gap by preventing a previous school from releasing and/or unenrolling a pupil based only on a transfer school’s request for records — schools must first obtain written confirmation that the pupil has actually been enrolled in the receiving school. The bill also strengthens verification steps at initial enrollment and clarifies timelines for record requests, with the aim of reducing situations in which children are unintentionally left out of school rolls.

Key provisions and changes

  • Identity/age verification on first enrollment:

    • When a pupil enrolls for the first time, the enrolling school (local district, public school academy, intermediate school district, or Michigan School for the Deaf) must notify the person enrolling that, within 30 days, they must provide either:
    • A copy of the pupil’s birth certificate; or
    • Other reliable proof of identity/age plus an affidavit explaining why a birth certificate cannot be produced.
    • If the required proof is not provided, the school must notify the enrolling individual in writing that the matter will be referred to local law enforcement unless compliance occurs within 30 days; noncompliance triggers notification to law enforcement.
    • Any affidavit that appears inaccurate or suspicious must be immediately reported to local law enforcement.

  • Transfer student records and unenrollment:

    • Within 14 days after a transfer pupil enrolls, the receiving school must request in writing from the pupil’s previous school a copy of the student record. The request must include the pupil’s full name, date of birth, grade level to be enrolled, receiving school name/address, and the date of enrollment.
    • The previous school must comply within 30 days and forward the record unless the record has been “tagged” under section 1134 (e.g., a missing student tag); if tagged, the record must not be forwarded and the previous school must notify the law enforcement agency that was previously notified about the missing student.
    • Critically, a school may not provide a copy of a pupil’s student record to the requesting/receiving school unless it has received written confirmation from that receiving school that the pupil has actually been enrolled (as set out in the required request information). This prevents automatic unenrollment before enrollment is confirmed.

  • Privacy and limited sharing:

    • Reiterates that personally identifiable student information cannot be disclosed to law enforcement except in compliance with federal law (FERPA, 20 U.S.C. §1232g).
    • The bill does not prevent sharing of partial student records in advance of a transfer when appropriate.

Who is affected

  • Local school districts, public school academies (charter schools), intermediate school districts, and the Michigan School for the Deaf (explicitly included).
  • Students who transfer between schools and their parents/guardians.
  • Receiving schools that request records and prior schools that release records.
  • Local law enforcement agencies (receive referrals when documentation is missing or affidavits appear suspicious).

Procedural/timeline aspects

  • Receiving-school record request: within 14 days of enrolling the transfer pupil.
  • Previous-school response: must forward records within 30 days of request except when tagged under section 1134.
  • Enrollment-document verification at initial enrollment: parent/guardian has 30 days to provide required documentation; failure triggers written notice and, ultimately, law enforcement referral after an additional 30 days.

Fiscal and other notes

  • Committee analyses report no fiscal impact on state or local government.
  • The bill was prompted in part by reported cases (e.g., children found not attending school after being unenrolled during attempted transfers); purpose stated is to close the procedural gap that can enable children to fall out of enrollment.

Status / Next steps

  • Introduced Feb 19, 2025. As of the latest available action, the measure is REFERRED TO COMMITTEE OF THE WHOLE WITH SUBSTITUTE (S-1). Further committee consideration and floor action will determine whether the amendment becomes law.

Compiled from official sources — confirm details with the bill’s official record.

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