HOUSE BILL No. 5482 January 20, 1998, Introduced by Reps. Hammerstrom, McBryde, Birkholz, Fitzgerald, Voorhees, Rhead, Gilmer, Johnson, Dalman, Cassis, Raczkowski, Jellema, Jelinek, Goschka, DeVuyst, Jansen, Godchaux, Richner, McNutt, Scranton, Llewellyn and Perricone and referred to the Committee on Education. A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1311 and 1596 (MCL 380.1311 and 380.1596), section 1311 as amended by 1995 PA 250, and by adding sections 1305 and 1309. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 SEC. 1305. SCHOOL DISTRICTS AND PUBLIC SCHOOL ACADEMIES ARE 2 ENCOURAGED TO DEVELOP AND IMPLEMENT A CODE OF CONDUCT FOR PUPILS, 3 INCLUDING POSSIBLE DISCIPLINARY MEASURES, WITH THE PARTICIPATION 4 OF PUPILS, PARENTS, TEACHERS, AND ADMINISTRATORS IN DEVELOPING 5 THE CODE OF CONDUCT. IF A SCHOOL DISTRICT OR PUBLIC SCHOOL ACAD- 6 EMY HAS AN EXISTING CODE OF CONDUCT FOR PUPILS, THE SCHOOL DIS- 7 TRICT OR PUBLIC SCHOOL ACADEMY IS ENCOURAGED TO REVIEW ITS 8 EXISTING CODE OF CONDUCT WITH THE PARTICIPATION OF PUPILS, 9 PARENTS, TEACHERS, AND SCHOOL ADMINISTRATORS IN THAT REVIEW. 04733'97 * TAV 2 1 FURTHER, SCHOOL DISTRICTS AND PUBLIC SCHOOL ACADEMIES ARE 2 ENCOURAGED TO INCLUDE AS PART OF THE CODE OF CONDUCT DISPUTE RES- 3 OLUTION PROCESSES AND CONDUCT CODE ENFORCEMENT PROCESSES THAT ARE 4 CONDUCTED BY PUPILS. 5 SEC. 1309. (1) THE DEPARTMENT SHALL ESTABLISH AN OFFICE FOR 6 SAFE SCHOOLS WITHIN THE DEPARTMENT. THE OFFICE FOR SAFE SCHOOLS 7 SHALL WORK WITH LOCAL SCHOOL BOARDS, LAW ENFORCEMENT AGENCIES, 8 COMMUNITY LEADERS, AND OTHER STATE DEPARTMENTS AND AGENCIES FOR 9 THE PREVENTION OF SCHOOL VIOLENCE, AND SHALL SERVE AS A STATEWIDE 10 CLEARINGHOUSE FOR INFORMATION, PROGRAM DEVELOPMENT, AND TECHNICAL 11 ASSISTANCE ON SCHOOL VIOLENCE PREVENTION. 12 (2) THE OFFICE FOR SAFE SCHOOLS SHALL DO ALL OF THE 13 FOLLOWING: 14 (A) COLLECT AND COMPILE INFORMATION ON SCHOOL VIOLENCE AND 15 CAMPUS CRIME AT PUBLIC SCHOOLS, COMMUNITY COLLEGES, AND STATE 16 UNIVERSITIES, AND SHALL MAKE THIS INFORMATION AVAILABLE IN WRIT- 17 TEN AND ELECTRONIC INTERNET FORMAT TO PARENTS, PUPILS, SCHOOL 18 PERSONNEL, AND OTHERS. 19 (B) EVALUATE THE EFFECTIVENESS OF PUBLIC SCHOOL VIOLENCE 20 PREVENTION PROGRAMS, INCLUDING BUT NOT LIMITED TO PROGRAMS AIMED 21 AT REDUCING THE POSSESSION OF WEAPONS ON SCHOOL CAMPUSES, VIO- 22 LENCE PREVENTION CURRICULA, CONFLICT RESOLUTION AND PEER MEDIA- 23 TION TRAINING, PARENTAL INVOLVEMENT PROGRAMS, AND SCHOOL SAFETY 24 PLANNING. 25 (C) DEVELOP AND DISTRIBUTE TO LOCAL SCHOOL BOARDS A MODEL 26 MEMORANDUM OF UNDERSTANDING WITH LOCAL LAW ENFORCEMENT OFFICIALS 04733'97 * 3 1 TO FACILITATE REPORTING OF INCIDENTS AFFECTING SCHOOL SAFETY THAT 2 SHOULD APPROPRIATELY BE REPORTED TO LAW ENFORCEMENT OFFICIALS. 3 (D) PROVIDE PUBLIC EDUCATION ON SCHOOL VIOLENCE PREVENTION 4 AND CRIME AWARENESS, INCLUDING BUT NOT LIMITED TO PRESENTATIONS 5 TO PUPILS, SCHOOL PERSONNEL, CIVIC GROUPS, AND OTHER 6 ORGANIZATIONS. 7 Sec. 1311. (1) Subject to subsection (2), the school board, 8 or the school district superintendent, a school building princi- 9 pal, or another school district official if designated by the 10 school board, may authorize or order the suspension or expulsion 11 from school of a pupil guilty of gross misdemeanor or persistent 12 disobedience if, in the judgment of the school board or its des- 13 ignee, as applicable, the interest of the school is served by the 14 authorization or order. IN ADDITION, IF A PUPIL ENGAGES IN 15 BEHAVIOR THAT POSES A CLEAR THREAT TO THE SAFETY AND WELFARE OF 16 OTHER PUPILS OR SCHOOL PERSONNEL OR CREATES AN UNSAFE SCHOOL 17 ENVIRONMENT, THE PUPIL'S TEACHER OR ANOTHER TEACHER AT THE 18 PUPIL'S SCHOOL WHO WITNESSES THE BEHAVIOR MAY ORDER THE IMMEDIATE 19 SUSPENSION OF THE PUPIL FROM SCHOOL FOR UP TO 1 FULL SCHOOL DAY. 20 THE SCHOOL BUILDING PRINCIPAL SHALL IMPLEMENT A SUSPENSION 21 ORDERED BY A TEACHER UNDER THIS SUBSECTION AND PROVIDE ANY NECES- 22 SARY DUE PROCESS. If there is reasonable cause to believe that 23theA SUSPENDED OR EXPELLED pupil is handicapped, and the 24 school district has not evaluated the pupil in accordance with 25 rules of the state board to determine if the student is handi- 26 capped, the pupil shall be evaluated immediately by the 04733'97 * 4 1 intermediate school district of which the school district is 2 constituent in accordance with section 1711. 3 (2)If a pupil possesses in a weapon free school zone a4weapon that constitutes a dangerous weapon, commits arson in a5school building or on school grounds, or commits criminal sexual6conduct in a school building or on school grounds, theA school 7 board, or the designee of the school board as described in sub- 8 section (1) on behalf of the school board, shall expeltheA 9 pupil from the school district permanently, subject to possible 10 reinstatement under subsection (5), IF THE PUPIL DOES ANY OF THE 11 FOLLOWING: 12 (A) POSSESSES IN A WEAPON FREE SCHOOL ZONE A WEAPON THAT 13 CONSTITUTES A DANGEROUS WEAPON. However, a school board is not 14 required to expel a pupil for possessing a weapon if the pupil 15 establishes in a clear and convincing manner at least 1 of the 16 following: 17 (i)(a)The object or instrument possessed by the pupil 18 was not possessed by the pupil for use as a weapon, or for direct 19 or indirect delivery to another person for use as a weapon. 20 (ii)(b)The weapon was not knowingly possessed by the 21 pupil. 22 (iii)(c)The pupil did not know or have reason to know 23 that the object or instrument possessed by the pupil constituted 24 a dangerous weapon. 25 (iv)(d)The weapon was possessed by the pupil at the sug- 26 gestion, request, or direction of, or with the express permission 27 of, school or police authorities. 04733'97 * 5 1 (B) COMMITS ARSON AT SCHOOL. 2 (C) COMMITS CRIMINAL SEXUAL CONDUCT AT SCHOOL. 3 (D) FOR A PUPIL ENROLLED IN GRADE 6 OR ABOVE, COMMITS A 4 PHYSICAL ASSAULT AT SCHOOL AGAINST A PERSON EMPLOYED BY OR 5 ENGAGED AS A VOLUNTEER OR CONTRACTOR BY THE SCHOOL BOARD, IF THE 6 ASSAULT IS REPORTED TO THE SCHOOL BOARD BY THE VICTIM OR, IF THE 7 VICTIM IS UNABLE TO REPORT THE ASSAULT, BY ANOTHER PERSON ON THE 8 VICTIM'S BEHALF. HOWEVER, IF A SCHOOL DISTRICT INCLUDES GRADE 6 9 IN ITS ELEMENTARY SCHOOLS SO THAT THOSE SCHOOLS ARE OPERATED AS 10 GRADE K-6 SCHOOLS, WITHIN THAT SCHOOL DISTRICT, THIS SUBDIVISION 11 APPLIES ONLY TO PUPILS ENROLLED IN GRADE 7 OR ABOVE. 12 (E) DELIVERS OR DISTRIBUTES A CONTROLLED SUBSTANCE OR CON- 13 TROLLED SUBSTANCE ANALOGUE AT SCHOOL OR WITHIN 1,000 FEET OF 14 SCHOOL PROPERTY OR POSSESSES WITH INTENT TO DELIVER A CONTROLLED 15 SUBSTANCE OR CONTROLLED SUBSTANCE ANALOGUE AT SCHOOL OR WITHIN 16 1,000 FEET OF SCHOOL PROPERTY. 17 (3) If an individual is expelled pursuant to subsection (2), 18 the expelling school district shall enter on the individual's 19 permanent record that he or she has been expelled pursuant to 20 subsection (2) AND THE REASON FOR THE EXPULSION. Except if a 21 school district operates or participates cooperatively in an 22 alternative education program appropriate for individuals 23 expelled pursuant to subsection (2) and in its discretion admits 24 the individual to that program, an individual expelled pursuant 25 to subsection (2) is expelled from all public schools in this 26 state and the officials of a school district shall not allow the 27 individual to enroll in the school district unless the individual 04733'97 * 6 1 has been reinstated under subsection (5). Except as otherwise 2 provided by law, a program operated for individuals expelled pur- 3 suant to subsection (2) shall ensure that those individuals are 4 physically separated at all times during the school day from the 5 general pupil population. If an individual expelled from a 6 school district pursuant to subsection (2) is not placed in an 7 alternative education program, the school district may provide, 8 or may arrange for the intermediate school district to provide, 9 appropriate instructional services to the individual at home. 10 The type of services provided shall be similar to those provided 11 to homebound or hospitalized pupils under section 109 of the 12 state school aid act of 1979,being section 388.1709 of the13Michigan Compiled LawsMCL 388.1709, and the services may be 14 contracted for in the same manner as under that section. This 15 subsection does not require a school district to expend more 16 money for providing services for a pupil expelled pursuant to 17 subsection (2) than the amount of the foundation allowance OR PER 18 PUPIL PAYMENT the school district receives for the pupil under 19 section 20 of the state school aid act of 1979,being section20388.1620 of the Michigan Compiled LawsMCL 388.1620. 21 (4) If a school board expels an individual pursuant to sub- 22 section (2), the school board shall ensure that, within 3 days 23 after the expulsion, an official of the school district refers 24 the individual to the appropriate county department of social 25 services or county community mental health agency and notifies 26 the individual's parent or legal guardian or, if the individual 04733'97 * 7 1 is at least age 18 or is an emancipated minor, notifies the 2 individual of the referral. 3 (5) The parent or legal guardian of an individual expelled 4 pursuant to subsection (2) or, if the individual is at least age 5 18 or is an emancipated minor, the individual may petition the 6 expelling school board for reinstatement of the individual to 7 public education in the school district. If the expelling school 8 board denies a petition for reinstatement, the parent or legal 9 guardian or, if the individual is at least age 18 or is an eman- 10 cipated minor, the individual may petition another school board 11 for reinstatement of the individual in that other school 12 district. All of the following apply to reinstatement under this 13 subsection: 14 (a) For an individual who was enrolled in grade 5 or below 15 at the time of the expulsion and who has been expelled for pos- 16 sessing a firearm or threatening another person with a dangerous 17 weapon, the parent or legal guardian or, if the individual is at 18 least age 18 or is an emancipated minor, the individual may ini- 19 tiate a petition for reinstatement at any time after the expira- 20 tion of 60 school days after the date of expulsion. For an indi- 21 vidual who was enrolled in grade 5 or below at the time of the 22 expulsion and who has been expelled pursuant to subsection (2) 23 for a reason other than possessing a firearm or threatening 24 another person with a dangerous weapon, the parent or legal 25 guardian or, if the individual is at least age 18 or is an eman- 26 cipated minor, the individual may initiate a petition for 27 reinstatement at any time. For an individual who was in grade 6 04733'97 * 8 1 or above at the time of expulsion, the parent or legal guardian 2 or, if the individual is at least age 18 or is an emancipated 3 minor, the individual may initiate a petition for reinstatement 4 at any time after the expiration of 150 school days after the 5 date of expulsion. 6 (b) An individual who was in grade 5 or below at the time of 7 the expulsion and who has been expelled for possessing a firearm 8 or threatening another person with a dangerous weapon shall not 9 be reinstated before the expiration of 90 school days after the 10 date of expulsion. An individual who was in grade 5 or below at 11 the time of the expulsion and who has been expelled pursuant to 12 subsection (2) for a reason other than possessing a firearm or 13 threatening another person with a dangerous weapon shall not be 14 reinstated before the expiration of 10 school days after the date 15 of the expulsion. An individual who was in grade 6 or above at 16 the time of the expulsion shall not be reinstated before the 17 expiration of 180 school days after the date of expulsion. 18 (c) It is the responsibility of the parent or legal guardian 19 or, if the individual is at least age 18 or is an emancipated 20 minor, of the individual to prepare and submit the petition. A 21 school board is not required to provide any assistance in prepar- 22 ing the petition. Upon request by a parent or legal guardian or, 23 if the individual is at least age 18 or is an emancipated minor, 24 by the individual, a school board shall make available a form for 25 a petition. 26 (d) Not later than 10 school days after receiving a petition 27 for reinstatement under this subsection, a school board shall 04733'97 * 9 1 appoint a committee to review the petition and any supporting 2 information submitted by the parent or legal guardian or, if the 3 individual is at least age 18 or is an emancipated minor, by the 4 individual. The committee shall consist of 2 school board mem- 5 bers, 1 school administrator, 1 teacher, and 1 parent of a pupil 6 in the school district. During this time the superintendent of 7 the school district may prepare and submit for consideration by 8 the committee information concerning the circumstances of the 9 expulsion and any factors mitigating for or against 10 reinstatement. 11 (e) Not later than 10 school days after all members are 12 appointed, the committee described in subdivision (d) shall 13 review the petition and any supporting information and informa- 14 tion provided by the school district and shall submit a recommen- 15 dation to the school board on the issue of reinstatement. The 16 recommendation shall be for unconditional reinstatement, for con- 17 ditional reinstatement, or against reinstatement, and shall be 18 accompanied by an explanation of the reasons for the recommenda- 19 tion and of any recommended conditions for reinstatement. The 20 recommendation shall be based on consideration of all of the fol- 21 lowing factors: 22 (i) The extent to which reinstatement of the individual 23 would create a risk of harm to pupils or school personnel. 24 (ii) The extent to which reinstatement of the individual 25 would create a risk of school district or individual liability 26 for the school board or school district personnel. 04733'97 * 10 1 (iii) The age and maturity of the individual. 2 (iv) The individual's school record before the incident that 3 caused the expulsion. 4 (v) The individual's attitude concerning the incident that 5 caused the expulsion. 6 (vi) The individual's behavior since the expulsion and the 7 prospects for remediation of the individual. 8 (vii) If the petition was filed by a parent or legal guardi- 9 an, the degree of cooperation and support that has been provided 10 by the parent or legal guardian and that can be expected if the 11 individual is reinstated, including, but not limited to, recep- 12 tiveness toward possible conditions placed on the reinstatement. 13 (f) Not later than the next regularly scheduled board meet- 14 ing after receiving the recommendation of the committee under 15 subdivision (e), a school board shall make a decision to uncondi- 16 tionally reinstate the individual, conditionally reinstate the 17 individual, or deny reinstatement of the individual. The deci- 18 sion of the school board is final. 19 (g) A school board may require an individual and, if the 20 petition was filed by a parent or legal guardian, his or her 21 parent or legal guardian to agree in writing to specific condi- 22 tions before reinstating the individual in a conditional 23 reinstatement. The conditions may include, but are not limited 24 to, agreement to a behavior contract, which may involve the indi- 25 vidual, parent or legal guardian, and an outside agency; partici- 26 pation in or completion of an anger management program or other 27 appropriate counseling; periodic progress reviews; and specified 04733'97 * 11 1 immediate consequences for failure to abide by a condition. A 2 parent or legal guardian or, if the individual is at least age 18 3 or is an emancipated minor, the individual may include proposed 4 conditions in a petition for reinstatement submitted under this 5 subsection. 6 (6) A school board or school administrator that complies 7 with subsection (2) is not liable for damages for expelling a 8 pupil pursuant to subsection (2), and the authorizing body of a 9 public school academy established underpart 6a or part 6bTHIS 10 ACT is not liable for damages for expulsion of a pupil by the 11 public school academy pursuant to subsection (2). 12 (7) The department shall develop and distribute to all 13 school districts a form for a petition to be used under subsec- 14 tion (5). 15 (8) IF A PUPIL ENROLLED IN GRADE 6 OR ABOVE COMMITS A VERBAL 16 ASSAULT AT SCHOOL AGAINST A PERSON EMPLOYED BY OR ENGAGED AS A 17 VOLUNTEER OR CONTRACTOR BY THE SCHOOL BOARD AND THE ASSAULT IS 18 REPORTED TO THE SCHOOL BOARD BY THE VICTIM, THE SCHOOL BOARD, OR 19 THE DESIGNEE OF THE SCHOOL BOARD AS DESCRIBED IN SUBSECTION (1) 20 ON BEHALF OF THE SCHOOL BOARD, AFTER AFFORDING THE REQUIRED DUE 21 PROCESS, SHALL SUSPEND THE PUPIL FROM THE SCHOOL DISTRICT FOR 10 22 SCHOOL DAYS. HOWEVER, IF A SCHOOL DISTRICT INCLUDES GRADE 6 IN 23 ITS ELEMENTARY SCHOOLS SO THAT THOSE SCHOOLS ARE OPERATED AS 24 GRADE K-6 SCHOOLS, WITHIN THAT SCHOOL DISTRICT, THIS SUBSECTION 25 APPLIES ONLY TO PUPILS ENROLLED IN GRADE 7 OR ABOVE. 26 (9) IF A PUPIL KNOWINGLY OR INTENTIONALLY POSSESSES A 27 CONTROLLED SUBSTANCE, CONTROLLED SUBSTANCE ANALOGUE, OR TOBACCO 04733'97 * 12 1 PRODUCT AT SCHOOL, THE SCHOOL BOARD, OR THE DESIGNEE OF THE 2 SCHOOL BOARD AS DESCRIBED IN SUBSECTION (1) ON BEHALF OF THE 3 SCHOOL BOARD, SHALL SUSPEND OR EXPEL THE PUPIL FROM SCHOOL. 4 HOWEVER, THIS SUBSECTION DOES NOT APPLY TO POSSESSION OF A CON- 5 TROLLED SUBSTANCE THAT WAS OBTAINED BY THE PUPIL DIRECTLY FROM, 6 OR PURSUANT TO A VALID PRESCRIPTION OR ORDER OF, A HEALTH CARE 7 PRACTITIONER IN THE COURSE OF THE PRACTITIONER'S PROFESSIONAL 8 PRACTICE. 9 (10)(8)Subsections (2) to(7)(9) do not diminish the 10 due process rights under federal law of a pupil who has been 11 determined to be eligible for special education programs and 12 services. 13 (11)(9)If a pupil expelled from apublicschool dis- 14 trict pursuant to subsection (2) is enrolled by a public school 15 sponsored alternative education program or a public school acad- 16 emy during the period of expulsion, the public school academy or 17 the alternative education program shall immediately become eligi- 18 ble for the prorated share of either the publicacademy founda-19tion allowanceSCHOOL ACADEMY'S PER PUPIL PAYMENT UNDER 20 SECTION 20 OF THE STATE SCHOOL AID ACT OF 1979, MCL 388.1620, or 21 the expelling school district's foundation allowance UNDER THAT 22 SECTION, whichever is higher. 23 (12)(10)As used in this section: 24 (a) "Arson" means a felony violation of chapter X of the 25 Michigan penal code,Act No. 328 of the Public Acts of 1931,26being sections 750.71 to 750.80 of the Michigan Compiled Laws27 1931 PA 328, MCL 750.71 TO 750.80. 04733'97 * 13 1 (B) "ASSAULT" MEANS A VIOLATION OF CHAPTER XI OF THE 2 MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.81 TO 750.90. 3 (C) "AT SCHOOL" MEANS ON PROPERTY OWNED BY OR UNDER THE CON- 4 TROL OF THE SCHOOL DISTRICT, ON A VEHICLE USED BY THE SCHOOL DIS- 5 TRICT OR UNDER CONTRACT WITH THE SCHOOL DISTRICT TO TRANSPORT 6 PUPILS TO OR FROM SCHOOL, OR AT A SCHOOL-RELATED ACTIVITY SPON- 7 SORED OR APPROVED BY THE SCHOOL DISTRICT. 8 (D) "CONTROLLED SUBSTANCE" AND "CONTROLLED SUBSTANCE 9 ANALOGUE" MEAN THOSE TERMS AS DEFINED IN SECTION 7104 OF THE 10 PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.7104. 11 (E)(b)"Criminal sexual conduct" means a violation of 12 section 520b, 520c, 520d, 520e, or 520g ofAct No. 328 of the13Public Acts of 1931, being sections 750.520b, 750.520c, 750.520d,14750.520e, and 750.520g of the Michigan Compiled LawsTHE 15 MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.520B, 750.520C, 16 750.520D, 750.520E, AND 750.520G. 17 (F)(c)"Dangerous weapon" means that term as defined in 18 section 1313. 19 (G) "DELIVER" AND "DISTRIBUTE" MEAN THOSE TERMS AS DEFINED 20 IN SECTION 7105 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 21 333.7105. 22 (H)(d)"Firearm" means that term as defined in the fed- 23 eral gun-free schools act of 1994, Public Law 103-227, 20 24 U.S.C. 3351. 25 (I)(e)"School board" means a school board, intermediate 26 school board, or the board of directors of a public school 27 academy established underpart 6a or 6bTHIS ACT. 04733'97 * 14 1 (J)(f)"School district" means a school district, a local 2 act school district, an intermediate school district, or a public 3 school academy established underpart 6a or 6bTHIS ACT. 4 (K) "SCHOOL PROPERTY" MEANS THAT TERM AS DEFINED IN 5 SECTION 7410 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 6 333.7410. 7 (l)(g)"Weapon free school zone" means that term as 8 defined in section 237a of the Michigan penal code,Act No. 3289of the Public Acts of 1931, being section 750.237a of the10Michigan Compiled Laws1931 PA 328, MCL 750.237A. 11 Sec. 1596. (1) The board of a school district,other than12a primary school districtOR A CONSORTIUM OF SCHOOL DISTRICTS, 13 may establish1 or more ungraded schoolsAND OPERATE ALTERNA- 14 TIVE EDUCATION PROGRAMS for the instruction ofcertain15 DISRUPTIVE pupils AND PUPILS WHO ARE HABITUALLY TRUANT. 16classified in subsection (2). The board may require the pupils17to attend an ungraded school or a department of the school as the18board directs.19(2) The following cases of persons, aged 7 to the sixteenth20birthday residing in the school district shall be deemed juvenile21disorderly persons and in the judgment of the proper school22authorities may be assigned to the ungraded school or23department:24(a) Class 1, habitual truants from the school in which they25are enrolled as pupils.04733'97 * 15 1(b) Class 2, children who, while attending school, are2incorrigibly turbulent, disobedient, and insubordinate, or who3are immoral in conduct.4(c) Class 3, children who are not attending school and who5habitually frequent streets and other public places, having no6lawful business, employment, or occupation.7 (2) AN ALTERNATIVE EDUCATION PROGRAM OPERATED UNDER THIS 8 SECTION SHALL INCLUDE, BUT IS NOT LIMITED TO, AT LEAST 1 OF THE 9 FOLLOWING FEATURES: 10 (A) SHORT-TERM IN-SCHOOL SUSPENSION PROVIDING INTENSIVE 11 SUPERVISION OF DISRUPTIVE PUPILS. 12 (B) PROGRAMS WITH SMALL CLASS SIZES DESIGNED TO PROVIDE 13 INTENSIVE SUPERVISION OF DISRUPTIVE PUPILS. 14 (3) A PUPIL SHALL NOT BE PLACED IN AN ALTERNATIVE EDUCATION 15 PROGRAM OPERATED UNDER THIS SECTION UNLESS THE SCHOOL DISTRICT OR 16 CONSORTIUM OF SCHOOL DISTRICTS HAS AFFORDED THE PUPIL DUE PROCESS 17 AS REQUIRED BY LAW OR HAS THE CONSENT OF THE PUPIL'S PARENT OR 18 LEGAL GUARDIAN. 19 (4) AS USED IN THIS SECTION, "DISRUPTIVE PUPIL" MEANS A 20 PUPIL, OTHER THAN A PUPIL ELIGIBLE FOR SPECIAL EDUCATION PROGRAMS 21 AND SERVICES, WHO CONSISTENTLY EXHIBITS DISRUPTIVE BEHAVIOR AND 22 WHOSE BEHAVIOR MEETS 1 OR MORE OF THE FOLLOWING: 23 (A) POSES A CLEAR THREAT TO THE SAFETY AND WELFARE OF OTHER 24 PUPILS, SCHOOL TEACHERS, OR OTHER SCHOOL PERSONNEL. 25 (B) CREATES AN UNSAFE SCHOOL ENVIRONMENT. 26 (C) MATERIALLY INTERFERES WITH THE LEARNING OF OTHER PUPILS 27 OR DISRUPTS THE OVERALL EDUCATIONAL PROCESS. 04733'97 * 16 1 Enacting section 1. This amendatory act does not take 2 effect unless Senate Bill No. _____ or House Bill No. _____ 3 (request no. 04734'97 *) of the 89th Legislature is enacted into 4 law. 04733'97 * Final page. TAV