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Michigan Compiled Laws Complete Through PA 249 of 2020
House: Adjourned until Tuesday, December 8, 2020 1:30:00 PM
Senate: Adjourned until Tuesday, December 8, 2020 10:00:00 AM

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Section 380.1310

Act 451 of 1976

380.1310 Physical assault at school against another pupil; suspension or expulsion; alternative education program; definitions.

Sec. 1310.

  (1) Subject to section 1310d, if a pupil enrolled in grade 6 or above commits a physical assault at school against another pupil and the physical assault is reported to the school board, school district superintendent, or building principal, then the school board or the designee of the school board as described in section 1311(1) on behalf of the school board shall suspend or expel the pupil from the school district for up to 180 school days. A district superintendent or building principal who receives a report described in this subsection shall forward the report to the school board. Notwithstanding section 1147, a school district is not required to allow an individual expelled from another school district under this section to attend school in the school district during the expulsion.
  (2) If an individual is expelled pursuant to this section, it is the responsibility of that individual and of his or her parent or legal guardian to locate a suitable educational program and to enroll the individual in such a program during the expulsion. The office for safe schools in the department shall compile information on and catalog existing alternative education programs or schools and nonpublic schools that may be open to enrollment of individuals expelled under this section and pursuant to section 1311(2) or 1311a, and shall periodically distribute this information to school districts for distribution to expelled individuals. A school board that establishes an alternative education program or school described in this subsection shall notify the office for safe schools about the program or school and the types of pupils it serves. The office for safe schools also shall work with and provide technical assistance to school districts, authorizing bodies for public school academies, and other interested parties in developing these types of alternative education programs or schools in geographic areas that are not being served.
  (3) As used in this section:
  (a) "At school" means in a classroom, elsewhere on school premises, on a school bus or other school-related vehicle, or at a school-sponsored activity or event whether or not it is held on school premises.
  (b) "Physical assault" means intentionally causing or attempting to cause physical harm to another through force or violence.
  (c) "School board" means a school board, intermediate school board, or the board of directors of a public school academy.
  (d) "School district" means a school district, intermediate school district, or public school academy.

History: Add. 1999, Act 102, Imd. Eff. July 6, 1999 ;-- Am. 2000, Act 230, Imd. Eff. June 27, 2000 ;-- Am. 2016, Act 365, Eff. Aug. 1, 2017
Popular Name: Act 451

© 2020 Legislative Council, State of Michigan

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