Under the Michigan Constitution, shared time programs may be offered where the ultimate and immediate control of the subject matter, the personnel and the premises are under the public school system authorities and the courses are open to all eligible to attend the public school.
Shared time programs may be offered at the public school, on leased premises, or on nonpublic school premises.
- If offered at the public school, the premises, teachers and subject matter are obviously
under the control of the public school.
- Nonpublic School/Home School Students – Dual-enrollment
Per state law, the Walled Lake Consolidated School District allows nonpublic school students and students in home schools operating under exemption (f) of Section 1561(3) of the Revised School Code to enroll in noncore curriculum classes at their public school of residence. Examples of noncore curriculum classes are art, vocal and instrumental music, physical education, shop, etc. A nonpublic school student or a home school student must follow the schedule of class offerings of the school of residence and provide his or her own transportation. A nonpublic school student or a home school student who enrolls in at least one noncore curriculum class in a public school is considered to be dually enrolled.
- Nonpublic School/Home School Student Participation in Extra-curricular Activities
A student who is dually enrolled in the district may participate in the extra-curricular activities of the public school of residence.
- Participation in Interscholastic Athletics (Cf. IDFA)
To participate in an interscholastic sport in the district, a nonpublic school student or a home school student must be dually-enrolled and taking at least 50% of the total periods of work in the public school of residence. The student must be carrying those classes successfully, and must meet all of the eligibility requirements of the Michigan High School Athletic Association and the district. Providing these requirements are met, the nonpublic school student or the home school student may be eligible to participate in the district’s interscholastic athletic program at his or her secondary school of residence.
- If offered on leased premises or on nonpublic school premises, the premises, teachers
and subject matter must be under the authority, control and operation of the public school system by public school personnel and open to all eligible to attend a public school.
- Public funds spent on shared time programs must be paid to a public agency, not a
- The public school district, not the private school, must choose and control the teacher. The teaching assignment must be made without regard to the religious affiliation of the employee. The teacher is accountable only to the public school supervisor. The teacher is not also an employee of the private school.
- The public school district, not the private school, must choose the subjects to be taught. The public school district must independently determine the courses it will offer and the times and places the courses will be taught; it may also impose reasonable rules concerning prerequisite courses, student conduct, discipline, attendance, grading, class size, etc. in order to manage and improve the school.
- The courses offered must be available to the public school students in the same grade level or age group during regular school hours.
- The books, materials and equipment must be purchased with public funds and can only be used for public school programs.
- The subjects taught must be nonessential, elective courses; that is, noncore courses that supplement the core curriculum of the nonpublic school. Noncore courses include subjects like band, vocal music, art, domestic science, shop, advanced math and science classes.
- The nonpublic school must be either:
(1) A state-approved nonpublic school which teaches subjects comparable to those taught in the public schools to children of corresponding age and grade, as determined by the course of study for the public schools of the district within which the nonpublic school is located. Under the Nonpublic School Act, the sanitary conditions, courses of study, and qualifications of teachers must be the same as those required by state law for public schools.
(2) A home school where the child is being educated at home by his or her parent(s) or legal guardian(s) in an organized educational program in the subject areas of reading, spelling, mathematics, science, history, civics, literature, writing and English grammar.
- The teacher cannot engage in team teaching or other cooperative instructional
activities with private school personnel.
- All religious symbols must be removed from the classroom. The teacher must post a sign that designates the room as a public school classroom.
- The student must be a resident of the school district offering the shared time program or must be attending a nonpublic school within the public school district’s geographic boundaries.
LEGAL REF: PA 339 of 1996 and the “Michigan Department of Education Questions and Answers Regarding State Regulation of Nonpublic Schools,” August 1996.
MHSAA Rules and Regulations