HOUSE BILL No. 4241 February 9, 1999, Introduced by Reps. Van Woerkom, Birkholz, Bisbee, Sanborn, DeRossett, Law, Richardville, Mead, Kukuk, Cameron Brown, Pumford, Jelinek, Mortimer, LaSata, Pappageorge, Caul, Gilbert, Rick Johnson, Hager, Bishop, Shulman, Rocca, Kuipers, DeRossett, Ehardt, Allen, Gosselin, Julian, Hart, Garcia, Faunce, Toy, Byl, Patterson, Koetje, DeVuyst, Jansen, Stamas, Shackleton, Tabor, Bradstreet, DeWeese, Voorhees, Kowall, Howell, Jellema, Scranton, Richner, Green and Raczkowski and referred to the Committee on Education. A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1311 (MCL 380.1311), as amended by 1995 PA 250, and by adding sections 1311b, 1311c, 1311d, 1311e, 1311f, 1311g, 1311h, 1311i, 1311j, 1311k, 1311l, and 1311m. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1311. (1) Subject to subsection (2), the school board, 2 or the school district superintendent, a school building princi- 3 pal, or another school district official if designated by the 4 school board, may authorize or order the suspension or expulsion 5 from school of a pupil guilty of gross misdemeanor or persistent 6 disobedience if, in the judgment of the school board or its des- 7 ignee, as applicable, the interest of the school is served by the 8 authorization or order. If there is reasonable cause to believe 9 that the pupil is handicapped, and the school district has not 00370'99 TAV 2 1 evaluated the pupil in accordance with rules of the state board 2 to determine if the student is handicapped, the pupil shall be 3 evaluated immediately by the intermediate school district of 4 which the school district is constituent in accordance with sec- 5 tion 1711. 6 (2) If a pupil possesses in a weapon free school zone a 7 weapon that constitutes a dangerous weapon, commits arson in a 8 school building or on school grounds, or commits criminal sexual 9 conduct in a school building or on school grounds, the school 10 board, or the designee of the school board as described in sub- 11 section (1) on behalf of the school board, shall expel the pupil 12 from the school district permanently, subject to possible rein- 13 statement under subsection (5). 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 (a) The object or instrument possessed by the pupil was not 18 possessed by the pupil for use as a weapon, or for direct or 19 indirect delivery to another person for use as a weapon. 20 (b) The weapon was not knowingly possessed by the pupil. 21 (c) The pupil did not know or have reason to know that the 22 object or instrument possessed by the pupil constituted a danger- 23 ous weapon. 24 (d) The weapon was possessed by the pupil at the suggestion, 25 request, or direction of, or with the express permission of, 26 school or police authorities. 00370'99 3 1 (3) If an individual is expelled pursuant to subsection (2), 2 the expelling school district shall enter on the individual's 3 permanent record that he or she has been expelled pursuant to 4 subsection (2). Except if a school district operates or partici- 5 pates cooperatively in an alternative education program appropri- 6 ate for individuals expelled pursuant to subsection (2) and in 7 its discretion admits the individual to that program, an individ- 8 ual expelled pursuant to subsection (2) is expelled from all 9 public schools in this state and the officials of a school dis- 10 trict shall not allow the individual to enroll in the school dis- 11 trict unless the individual has been reinstated under subsection 12 (5). Except as otherwise provided by law, a program operated for 13 individuals expelled pursuant to subsection (2) shall ensure that 14 those individuals are physically separated at all times during 15 the school day from the general pupil population. If an individ- 16 ual expelled from a school district pursuant to subsection (2) is 17 not placed in an alternative education program, the school dis- 18 trict may provide, or may arrange for the intermediate school 19 district to provide, appropriate instructional services to the 20 individual at home. The type of services provided shallbe sim-21ilar to those provided to homebound or hospitalized pupils under22section 109 of the state school aid act of 1979, being section23388.1709 of the Michigan Compiled LawsMEET THE REQUIREMENTS OF 24 SECTION 6(4)(V)(i) TO (iv) OF THE STATE SCHOOL AID ACT OF 1979, 25 MCL 388.1606, and the services may be contracted for in the same 26 manner asunder that sectionSERVICES FOR HOMEBOUND PUPILS 27 UNDER SECTION 109 OF THE STATE SCHOOL AID ACT OF 1979, MCL 00370'99 4 1 388.1709. This subsection does not require a school district to 2 expend more money for providing services for a pupil expelled 3 pursuant to subsection (2) than the amount of the foundation 4 allowance the school district receives for the pupil under sec- 5 tion 20 of the state school aid act of 1979,being section6388.1620 of the Michigan Compiled LawsMCL 388.1620. 7 (4) If a school board expels an individual pursuant to sub- 8 section (2), the school board shall ensure that, within 3 days 9 after the expulsion, an official of the school district refers 10 the individual to the appropriate county department of social 11 services or county community mental health agency and notifies 12 the individual's parent or legal guardian or, if the individual 13 is at least age 18 or is an emancipated minor, notifies the indi- 14 vidual of the referral. 15 (5) The parent or legal guardian of an individual expelled 16 pursuant to subsection (2) or, if the individual is at least age 17 18 or is an emancipated minor, the individual may petition the 18 expelling school board for reinstatement of the individual to 19 public education in the school district. If the expelling school 20 board denies a petition for reinstatement, the parent or legal 21 guardian or, if the individual is at least age 18 or is an eman- 22 cipated minor, the individual may petition another school board 23 for reinstatement of the individual in that other school 24 district. All of the following apply to reinstatement under this 25 subsection: 26 (a) For an individual who was enrolled in grade 5 or below 27 at the time of the expulsion and who has been expelled for 00370'99 5 1 possessing a firearm or threatening another person with a 2 dangerous weapon, the parent or legal guardian or, if the indi- 3 vidual is at least age 18 or is an emancipated minor, the indi- 4 vidual may initiate a petition for reinstatement at any time 5 after the expiration of 60 school days after the date of 6 expulsion. For an individual who was enrolled in grade 5 or 7 below at the time of the expulsion and who has been expelled pur- 8 suant to subsection (2) for a reason other than possessing a 9 firearm or threatening another person with a dangerous weapon, 10 the parent or legal guardian or, if the individual is at least 11 age 18 or is an emancipated minor, the individual may initiate a 12 petition for reinstatement at any time. For an individual who 13 was in grade 6 or above at the time of expulsion, the parent or 14 legal guardian or, if the individual is at least age 18 or is an 15 emancipated minor, the individual may initiate a petition for 16 reinstatement at any time after the expiration of 150 school days 17 after the date of expulsion. 18 (b) An individual who was in grade 5 or below at the time of 19 the expulsion and who has been expelled for possessing a firearm 20 or threatening another person with a dangerous weapon shall not 21 be reinstated before the expiration of 90 school days after the 22 date of expulsion. An individual who was in grade 5 or below at 23 the time of the expulsion and who has been expelled pursuant to 24 subsection (2) for a reason other than possessing a firearm or 25 threatening another person with a dangerous weapon shall not be 26 reinstated before the expiration of 10 school days after the date 27 of the expulsion. An individual who was in grade 6 or above at 00370'99 6 1 the time of the expulsion shall not be reinstated before the 2 expiration of 180 school days after the date of expulsion. 3 (c) It is the responsibility of the parent or legal guardian 4 or, if the individual is at least age 18 or is an emancipated 5 minor, of the individual to prepare and submit the petition. A 6 school board is not required to provide any assistance in prepar- 7 ing the petition. Upon request by a parent or legal guardian or, 8 if the individual is at least age 18 or is an emancipated minor, 9 by the individual, a school board shall make available a form for 10 a petition. 11 (d) Not later than 10 school days after receiving a petition 12 for reinstatement under this subsection, a school board shall 13 appoint a committee to review the petition and any supporting 14 information submitted by the parent or legal guardian or, if the 15 individual is at least age 18 or is an emancipated minor, by the 16 individual. The committee shall consist of 2 school board mem- 17 bers, 1 school administrator, 1 teacher, and 1 parent of a pupil 18 in the school district. During this time the superintendent of 19 the school district may prepare and submit for consideration by 20 the committee information concerning the circumstances of the 21 expulsion and any factors mitigating for or against 22 reinstatement. 23 (e) Not later than 10 school days after all members are 24 appointed, the committee described in subdivision (d) shall 25 review the petition and any supporting information and informa- 26 tion provided by the school district and shall submit a 27 recommendation to the school board on the issue of 00370'99 7 1 reinstatement. The recommendation shall be for unconditional 2 reinstatement, for conditional reinstatement, or against rein- 3 statement, and shall be accompanied by an explanation of the rea- 4 sons for the recommendation and of any recommended conditions for 5 reinstatement. The recommendation shall be based on considera- 6 tion of all of the following factors: 7 (i) The extent to which reinstatement of the individual 8 would create a risk of harm to pupils or school personnel. 9 (ii) The extent to which reinstatement of the individual 10 would create a risk of school district LIABILITY or individual 11 liability for the school board or school district personnel. 12 (iii) The age and maturity of the individual. 13 (iv) The individual's school record before the incident that 14 caused the expulsion. 15 (v) The individual's attitude concerning the incident that 16 caused the expulsion. 17 (vi) The individual's behavior since the expulsion and the 18 prospects for remediation of the individual. 19 (vii) If the petition was filed by a parent or legal guardi- 20 an, the degree of cooperation and support that has been provided 21 by the parent or legal guardian and that can be expected if the 22 individual is reinstated, including, but not limited to, recep- 23 tiveness toward possible conditions placed on the reinstatement. 24 (f) Not later than the next regularly scheduled board meet- 25 ing after receiving the recommendation of the committee under 26 subdivision (e), a school board shall make a decision to 27 unconditionally reinstate the individual, conditionally reinstate 00370'99 8 1 the individual, or deny reinstatement of the individual. The 2 decision of the school board is final. 3 (g) A school board may require an individual and, if the 4 petition was filed by a parent or legal guardian, his or her 5 parent or legal guardian to agree in writing to specific condi- 6 tions before reinstating the individual in a conditional 7 reinstatement. The conditions may include, but are not limited 8 to, agreement to a behavior contract, which may involve the indi- 9 vidual, parent or legal guardian, and an outside agency; partici- 10 pation in or completion of an anger management program or other 11 appropriate counseling; periodic progress reviews; and specified 12 immediate consequences for failure to abide by a condition. A 13 parent or legal guardian or, if the individual is at least age 18 14 or is an emancipated minor, the individual may include proposed 15 conditions in a petition for reinstatement submitted under this 16 subsection. 17 (6) A school board or school administrator that complies 18 with subsection (2) is not liable for damages for expelling a 19 pupil pursuant to subsection (2), and the authorizing body of a 20 public school academy established under part 6aor part 6bis 21 not liable for damages for expulsion of a pupil by the public 22 school academy pursuant to subsection (2). 23 (7) The department shall develop and distribute to all 24 school districts a form for a petition FOR REINSTATEMENT to be 25 used under subsection (5). 00370'99 9 1 (8) Subsections (2) to (7) do not diminish the due process 2 rights under federal law of a pupil who has been determined to be 3 eligible for special education programs and services. 4 (9) If a pupil expelled from a public school district pursu- 5 ant to subsection (2) is enrolled by a public school sponsored 6 alternative education program or a public school academy during 7 the period of expulsion, the public school academy or the alter- 8 native education program shall immediately become eligible for 9 the prorated share of either the public academy foundation allow- 10 ance or the expelling school district's foundation allowance, 11 whichever is higher. 12 (10) IF AN INDIVIDUAL IS EXPELLED PURSUANT TO SUBSECTION 13 (2), IT IS THE RESPONSIBILITY OF THAT INDIVIDUAL AND OF HIS OR 14 HER PARENT OR LEGAL GUARDIAN TO LOCATE A SUITABLE ALTERNATIVE 15 EDUCATIONAL PROGRAM AND TO ENROLL THE INDIVIDUAL IN SUCH A PRO- 16 GRAM DURING THE EXPULSION. THE OFFICE OF SAFE SCHOOLS IN THE 17 DEPARTMENT SHALL COMPILE INFORMATION ON AND CATALOG EXISTING 18 ALTERNATIVE EDUCATION PROGRAMS OR SCHOOLS AND NONPUBLIC SCHOOLS 19 THAT MAY BE OPEN TO ENROLLMENT OF INDIVIDUALS EXPELLED PURSUANT 20 TO SUBSECTION (2) AND PURSUANT TO THE POLICY REQUIRED UNDER SEC- 21 TION 1311A, AND SHALL PERIODICALLY DISTRIBUTE THIS INFORMATION TO 22 SCHOOL DISTRICTS FOR DISTRIBUTION TO EXPELLED INDIVIDUALS. THE 23 OFFICE OF SAFE SCHOOLS ALSO SHALL WORK WITH AND PROVIDE TECHNICAL 24 ASSISTANCE TO SCHOOL DISTRICTS, AUTHORIZING BODIES FOR PUBLIC 25 SCHOOL ACADEMIES, AND OTHER INTERESTED PARTIES IN DEVELOPING 26 THESE TYPES OF ALTERNATIVE EDUCATION PROGRAMS OR SCHOOLS IN 27 GEOGRAPHIC AREAS THAT ARE NOT BEING SERVED. 00370'99 10 1 (11)(10)As used in this section: 2 (a) "Arson" means a felony violation of chapter X of the 3 Michigan penal code,Act No. 328 of the Public Acts of 1931,4being sections 750.71 to 750.80 of the Michigan Compiled Laws5 1931 PA 328, MCL 750.71 TO 750.80. 6 (b) "Criminal sexual conduct" means a violation of 7 section 520b, 520c, 520d, 520e, or 520g ofAct No. 328 of the8Public Acts of 1931, being sections 750.520b, 750.520c, 750.520d,9750.520e, and 750.520g of the Michigan Compiled LawsTHE 10 MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.520B, 750.520C, 11 750.520D, 750.520E, AND 750.520G. 12 (c) "Dangerous weapon" means that term as defined in 13 section 1313. 14 (d) "Firearm" means that term as defined inthe federal15gun-free schools act of 1994, Public Law 103-227, 20 U.S.C. 335116 SECTION 921 OF TITLE 18 OF THE UNITED STATES CODE, 18 17 U.S.C. 921. 18 (e) "School board" means a school board, intermediate school 19 board, or the board of directors of a public school academy 20 established under part 6a.or 6b.21 (f) "School district" means a school district, a local act 22 school district, an intermediate school district, or a public 23 school academy established under part 6a.or 6b.24 (g) "Weapon free school zone" means that term as defined in 25 section 237a of the Michigan penal code,Act No. 328 of the26Public Acts of 1931, being section 750.237a of the Michigan27Compiled Laws1931 PA 328, MCL 750.237A. 00370'99 11 1 SEC. 1311B. (1) A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY 2 IS A PUBLIC SCHOOL UNDER SECTION 2 OF ARTICLE VIII OF THE STATE 3 CONSTITUTION OF 1963, IS A SCHOOL DISTRICT FOR THE PURPOSES OF 4 SECTION 11 OF ARTICLE IX OF THE STATE CONSTITUTION OF 1963 AND 5 FOR THE PURPOSES OF SECTION 1225, AND IS SUBJECT TO THE LEADER- 6 SHIP AND GENERAL SUPERVISION OF THE STATE BOARD OVER ALL PUBLIC 7 EDUCATION UNDER SECTION 3 OF ARTICLE VIII OF THE STATE CONSTITU- 8 TION OF 1963. A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY IS A 9 BODY CORPORATE AND IS A GOVERNMENTAL AGENCY. THE POWERS GRANTED 10 TO A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY UNDER SECTIONS 1311B 11 TO 1311M CONSTITUTE THE PERFORMANCE OF ESSENTIAL PUBLIC PURPOSES 12 AND GOVERNMENTAL FUNCTIONS OF THIS STATE. 13 (2) AS USED IN THIS PART: 14 (A) "AUTHORIZING BODY" MEANS ANY OF THE FOLLOWING THAT 15 ISSUES A CONTRACT AS PROVIDED IN THIS PART: 16 (i) THE BOARD OF A SCHOOL DISTRICT THAT OPERATES GRADES K TO 17 12. 18 (ii) AN INTERMEDIATE SCHOOL BOARD. 19 (iii) THE BOARD OF A COMMUNITY COLLEGE. 20 (iv) THE GOVERNING BOARD OF A STATE PUBLIC UNIVERSITY. 21 (B) "CERTIFICATED TEACHER" MEANS AN INDIVIDUAL WHO HOLDS A 22 VALID TEACHING CERTIFICATE ISSUED BY THE STATE BOARD UNDER 23 SECTION 1531. 24 (C) "COMMUNITY COLLEGE" MEANS A COMMUNITY COLLEGE ORGANIZED 25 UNDER THE COMMUNITY COLLEGE ACT OF 1966, 1966 PA 331, MCL 389.1 26 TO 389.195, OR A FEDERAL TRIBALLY CONTROLLED COMMUNITY COLLEGE 27 THAT IS RECOGNIZED UNDER THE TRIBALLY CONTROLLED COMMUNITY 00370'99 12 1 COLLEGE ASSISTANCE ACT OF 1978, PUBLIC LAW 95-471, AND IS 2 DETERMINED BY THE DEPARTMENT TO MEET THE REQUIREMENTS FOR ACCRED- 3 ITATION BY A RECOGNIZED REGIONAL ACCREDITING BODY. 4 (D) "CONTRACT" MEANS THE EXECUTIVE ACT TAKEN BY AN AUTHORIZ- 5 ING BODY THAT EVIDENCES THE AUTHORIZATION OF A STRICT DISCIPLINE 6 PUBLIC SCHOOL ACADEMY AND THAT ESTABLISHES, SUBJECT TO THE CON- 7 STITUTIONAL POWERS OF THE STATE BOARD AND APPLICABLE LAW, THE 8 WRITTEN INSTRUMENT EXECUTED BY AN AUTHORIZING BODY CONFERRING 9 CERTAIN RIGHTS, FRANCHISES, PRIVILEGES, AND OBLIGATIONS ON A 10 STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY, AS PROVIDED BY THIS 11 PART, AND CONFIRMING THE STATUS OF A STRICT DISCIPLINE PUBLIC 12 SCHOOL ACADEMY AS A PUBLIC SCHOOL IN THIS STATE. 13 (E) "ENTITY" MEANS A PARTNERSHIP, NONPROFIT OR BUSINESS COR- 14 PORATION, LABOR ORGANIZATION, OR ANY OTHER ASSOCIATION, CORPORA- 15 TION, TRUST, OR OTHER LEGAL ENTITY. 16 (F) "STATE PUBLIC UNIVERSITY" MEANS A UNIVERSITY DESCRIBED 17 IN SECTION 4, 5, OR 6 OF ARTICLE VIII OF THE STATE CONSTITUTION 18 OF 1963. 19 SEC. 1311C. NOT LATER THAN 1 YEAR AFTER THE EFFECTIVE DATE 20 OF THIS SECTION, AND AT LEAST ANNUALLY THEREAFTER, THE STATE 21 BOARD SHALL SUBMIT A COMPREHENSIVE REPORT, WITH FINDINGS AND REC- 22 OMMENDATIONS, TO THE HOUSE AND SENATE COMMITTEES ON EDUCATION. 23 THE REPORT SHALL EVALUATE STRICT DISCIPLINE PUBLIC SCHOOL ACADE- 24 MIES GENERALLY, INCLUDING, BUT NOT LIMITED TO, AN EVALUATION OF 25 WHETHER STRICT DISCIPLINE PUBLIC SCHOOL ACADEMIES ARE FULFILLING 26 THE PURPOSES SPECIFIED IN FORMER SECTION 511(1). THE REPORT ALSO 27 SHALL CONTAIN, FOR EACH STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY, 00370'99 13 1 A COPY OF THE ACADEMY'S MISSION STATEMENT, ATTENDANCE STATISTICS 2 AND DROPOUT RATE, AGGREGATE ASSESSMENT TEST SCORES, PROJECTIONS 3 OF FINANCIAL STABILITY, AND NUMBER OF AND COMMENTS ON SUPERVISORY 4 VISITS BY THE AUTHORIZING BODY. 5 SEC. 1311D. (1) A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY 6 SHALL BE ORGANIZED AND ADMINISTERED UNDER THE DIRECTION OF A 7 BOARD OF DIRECTORS IN ACCORDANCE WITH SECTIONS 1311B TO 1311M AND 8 WITH BYLAWS ADOPTED BY THE BOARD OF DIRECTORS. A PUBLIC SCHOOL 9 ACADEMY CORPORATION CREATED TO OPERATE A STRICT DISCIPLINE PUBLIC 10 SCHOOL ACADEMY SHALL BE ORGANIZED UNDER THE NONPROFIT CORPORATION 11 ACT, 1982 PA 162, MCL 450.2101 TO 450.3192, EXCEPT THAT A PUBLIC 12 SCHOOL ACADEMY CORPORATION IS NOT REQUIRED TO COMPLY WITH SEC- 13 TIONS 170 TO 177 OF 1931 PA 327, MCL 450.170 TO 450.177. TO THE 14 EXTENT DISQUALIFIED UNDER THE STATE OR FEDERAL CONSTITUTION, A 15 STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY SHALL NOT BE ORGANIZED BY 16 A CHURCH OR OTHER RELIGIOUS ORGANIZATION AND SHALL NOT HAVE ANY 17 ORGANIZATIONAL OR CONTRACTUAL AFFILIATION WITH OR CONSTITUTE A 18 CHURCH OR OTHER RELIGIOUS ORGANIZATION. 19 (2) ANY OF THE FOLLOWING MAY ACT AS AN AUTHORIZING BODY TO 20 ISSUE A CONTRACT TO ORGANIZE AND OPERATE 1 OR MORE STRICT DISCI- 21 PLINE PUBLIC SCHOOL ACADEMIES UNDER SECTIONS 1311B TO 1311M: 22 (A) THE BOARD OF A SCHOOL DISTRICT THAT OPERATES GRADES K TO 23 12. HOWEVER, THE BOARD OF A SCHOOL DISTRICT SHALL NOT ISSUE A 24 CONTRACT FOR A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY TO OPERATE 25 OUTSIDE THE SCHOOL DISTRICT'S BOUNDARIES, AND A STRICT DISCIPLINE 26 PUBLIC SCHOOL ACADEMY AUTHORIZED BY THE BOARD OF A SCHOOL 00370'99 14 1 DISTRICT SHALL NOT OPERATE OUTSIDE THAT SCHOOL DISTRICT'S 2 BOUNDARIES. 3 (B) AN INTERMEDIATE SCHOOL BOARD. HOWEVER, THE BOARD OF AN 4 INTERMEDIATE SCHOOL DISTRICT SHALL NOT ISSUE A CONTRACT FOR A 5 STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY TO OPERATE OUTSIDE THE 6 INTERMEDIATE SCHOOL DISTRICT'S BOUNDARIES, AND A STRICT DISCI- 7 PLINE PUBLIC SCHOOL ACADEMY AUTHORIZED BY THE BOARD OF AN INTER- 8 MEDIATE SCHOOL DISTRICT SHALL NOT OPERATE OUTSIDE THAT INTERMEDI- 9 ATE SCHOOL DISTRICT'S BOUNDARIES. 10 (C) THE BOARD OF A COMMUNITY COLLEGE. HOWEVER, EXCEPT AS 11 OTHERWISE PROVIDED IN THIS SUBDIVISION, THE BOARD OF A COMMUNITY 12 COLLEGE SHALL NOT ISSUE A CONTRACT FOR A STRICT DISCIPLINE PUBLIC 13 SCHOOL ACADEMY TO OPERATE IN A SCHOOL DISTRICT ORGANIZED AS A 14 SCHOOL DISTRICT OF THE FIRST CLASS, A STRICT DISCIPLINE PUBLIC 15 SCHOOL ACADEMY AUTHORIZED BY THE BOARD OF A COMMUNITY COLLEGE 16 SHALL NOT OPERATE IN A SCHOOL DISTRICT ORGANIZED AS A SCHOOL DIS- 17 TRICT OF THE FIRST CLASS, THE BOARD OF A COMMUNITY COLLEGE SHALL 18 NOT ISSUE A CONTRACT FOR A STRICT DISCIPLINE PUBLIC SCHOOL ACAD- 19 EMY TO OPERATE OUTSIDE THE BOUNDARIES OF THE COMMUNITY COLLEGE 20 DISTRICT, AND A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY AUTHO- 21 RIZED BY THE BOARD OF A COMMUNITY COLLEGE SHALL NOT OPERATE OUT- 22 SIDE THE BOUNDARIES OF THE COMMUNITY COLLEGE DISTRICT. THE BOARD 23 OF A COMMUNITY COLLEGE ALSO MAY ISSUE A CONTRACT FOR NOT MORE 24 THAN 1 STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY TO OPERATE ON THE 25 GROUNDS OF AN ACTIVE OR CLOSED FEDERAL MILITARY INSTALLATION 26 LOCATED OUTSIDE THE BOUNDARIES OF THE COMMUNITY COLLEGE DISTRICT, 27 OR MAY OPERATE A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY ITSELF 00370'99 15 1 ON THE GROUNDS OF SUCH A FEDERAL MILITARY INSTALLATION, IF THE 2 FEDERAL MILITARY INSTALLATION IS NOT LOCATED WITHIN THE BOUNDA- 3 RIES OF ANY COMMUNITY COLLEGE DISTRICT AND THE COMMUNITY COLLEGE 4 HAS PREVIOUSLY OFFERED COURSES ON THE GROUNDS OF THE FEDERAL MIL- 5 ITARY INSTALLATION FOR AT LEAST 10 YEARS. 6 (D) THE GOVERNING BOARD OF A STATE PUBLIC UNIVERSITY. 7 (3) TO OBTAIN A CONTRACT TO ORGANIZE AND OPERATE 1 OR MORE 8 STRICT DISCIPLINE PUBLIC SCHOOL ACADEMIES, 1 OR MORE PERSONS OR 9 AN ENTITY MAY APPLY TO AN AUTHORIZING BODY DESCRIBED IN SUBSEC- 10 TION (2). THE APPLICATION SHALL INCLUDE AT LEAST ALL OF THE 11 FOLLOWING: 12 (A) IDENTIFICATION OF THE APPLICANT FOR THE CONTRACT. 13 (B) SUBJECT TO THE RESOLUTION ADOPTED BY THE AUTHORIZING 14 BODY UNDER SECTION 1311E(4), A LIST OF THE PROPOSED MEMBERS OF 15 THE BOARD OF DIRECTORS OF THE STRICT DISCIPLINE PUBLIC SCHOOL 16 ACADEMY AND A DESCRIPTION OF THE QUALIFICATIONS AND METHOD FOR 17 APPOINTMENT OR ELECTION OF MEMBERS OF THE BOARD OF DIRECTORS. 18 (C) THE PROPOSED ARTICLES OF INCORPORATION, WHICH SHALL 19 INCLUDE AT LEAST ALL OF THE FOLLOWING: 20 (i) THE NAME OF THE PROPOSED STRICT DISCIPLINE PUBLIC SCHOOL 21 ACADEMY. 22 (ii) THE PURPOSES FOR THE PUBLIC SCHOOL ACADEMY CORPORATION 23 THAT WILL OPERATE THE STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY. 24 THIS LANGUAGE SHALL PROVIDE THAT THE STRICT DISCIPLINE PUBLIC 25 SCHOOL ACADEMY IS ESTABLISHED PURSUANT TO SECTIONS 1311B TO 1311M 26 AND THAT THE PUBLIC SCHOOL ACADEMY CORPORATION IS A GOVERNMENTAL 27 ENTITY. 00370'99 16 1 (iii) THE NAME OF THE AUTHORIZING BODY. 2 (iv) THE PROPOSED TIME WHEN THE ARTICLES OF INCORPORATION 3 WILL BE EFFECTIVE. 4 (v) OTHER MATTERS CONSIDERED EXPEDIENT TO BE IN THE ARTICLES 5 OF INCORPORATION. 6 (D) A COPY OF THE PROPOSED BYLAWS OF THE STRICT DISCIPLINE 7 PUBLIC SCHOOL ACADEMY. 8 (E) DOCUMENTATION MEETING THE APPLICATION REQUIREMENTS OF 9 THE AUTHORIZING BODY, INCLUDING AT LEAST ALL OF THE FOLLOWING: 10 (i) THE GOVERNANCE STRUCTURE OF THE STRICT DISCIPLINE PUBLIC 11 SCHOOL ACADEMY. 12 (ii) A COPY OF THE EDUCATIONAL GOALS OF THE STRICT DISCI- 13 PLINE PUBLIC SCHOOL ACADEMY AND THE CURRICULA TO BE OFFERED AND 14 METHODS OF PUPIL ASSESSMENT TO BE USED BY THE STRICT DISCIPLINE 15 PUBLIC SCHOOL ACADEMY. TO THE EXTENT APPLICABLE, THE PROGRESS OF 16 THE PUPILS IN THE STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY SHALL 17 BE ASSESSED USING AT LEAST A MICHIGAN EDUCATION ASSESSMENT PRO- 18 GRAM (MEAP) TEST OR AN ASSESSMENT INSTRUMENT DEVELOPED UNDER SEC- 19 TION 1279 FOR A STATE-ENDORSED HIGH SCHOOL DIPLOMA. 20 (iii) THE ADMISSION POLICY AND CRITERIA TO BE MAINTAINED BY 21 THE STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY. THE ADMISSION 22 POLICY AND CRITERIA SHALL COMPLY WITH SECTION 1311G. THIS PART 23 OF THE APPLICATION ALSO SHALL INCLUDE A DESCRIPTION OF HOW THE 24 APPLICANT WILL PROVIDE TO THE GENERAL PUBLIC ADEQUATE NOTICE THAT 25 A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY IS BEING CREATED AND 26 ADEQUATE INFORMATION ON THE ADMISSION POLICY, CRITERIA, AND 27 PROCESS. 00370'99 17 1 (iv) THE SCHOOL CALENDAR AND SCHOOL DAY SCHEDULE. 2 (v) THE AGE OR GRADE RANGE OF PUPILS TO BE ENROLLED. 3 (F) DESCRIPTIONS OF STAFF RESPONSIBILITIES AND OF THE STRICT 4 DISCIPLINE PUBLIC SCHOOL ACADEMY'S GOVERNANCE STRUCTURE. 5 (G) FOR AN APPLICATION TO THE BOARD OF A SCHOOL DISTRICT, AN 6 INTERMEDIATE SCHOOL BOARD, OR BOARD OF A COMMUNITY COLLEGE, IDEN- 7 TIFICATION OF THE LOCAL AND INTERMEDIATE SCHOOL DISTRICTS IN 8 WHICH THE STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY WILL BE 9 LOCATED. 10 (H) AN AGREEMENT THAT THE STRICT DISCIPLINE PUBLIC SCHOOL 11 ACADEMY WILL COMPLY WITH THE PROVISIONS OF SECTIONS 1311B TO 12 1311M AND, SUBJECT TO THE PROVISIONS OF THESE SECTIONS, WITH ALL 13 OTHER STATE LAW APPLICABLE TO PUBLIC BODIES AND WITH FEDERAL LAW 14 APPLICABLE TO PUBLIC BODIES OR SCHOOL DISTRICTS. 15 (I) FOR A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY AUTHORIZED 16 BY A SCHOOL DISTRICT, AN ASSURANCE THAT EMPLOYEES OF THE STRICT 17 DISCIPLINE PUBLIC SCHOOL ACADEMY WILL BE COVERED BY THE COLLEC- 18 TIVE BARGAINING AGREEMENTS THAT APPLY TO OTHER EMPLOYEES OF THE 19 SCHOOL DISTRICT EMPLOYED IN SIMILAR CLASSIFICATIONS IN SCHOOLS 20 THAT ARE NOT PUBLIC SCHOOL ACADEMIES. 21 (J) A DESCRIPTION OF AND ADDRESS FOR THE PROPOSED PHYSICAL 22 PLANT IN WHICH THE STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY WILL 23 BE LOCATED. 24 (4) AN AUTHORIZING BODY SHALL OVERSEE, OR SHALL CONTRACT 25 WITH AN INTERMEDIATE SCHOOL DISTRICT, COMMUNITY COLLEGE, OR STATE 26 PUBLIC UNIVERSITY TO OVERSEE, EACH STRICT DISCIPLINE PUBLIC 27 SCHOOL ACADEMY OPERATING UNDER A CONTRACT ISSUED BY THE 00370'99 18 1 AUTHORIZING BODY. THE OVERSIGHT SHALL BE SUFFICIENT TO ENSURE 2 THAT THE AUTHORIZING BODY CAN CERTIFY THAT THE STRICT DISCIPLINE 3 PUBLIC SCHOOL ACADEMY IS IN COMPLIANCE WITH STATUTE, RULES, AND 4 THE TERMS OF THE CONTRACT. 5 (5) IF THE STATE BOARD FINDS THAT AN AUTHORIZING BODY IS NOT 6 ENGAGING IN APPROPRIATE CONTINUING OVERSIGHT OF 1 OR MORE STRICT 7 DISCIPLINE PUBLIC SCHOOL ACADEMIES OPERATING UNDER A CONTRACT 8 ISSUED BY THE AUTHORIZING BODY, THE STATE BOARD MAY SUSPEND THE 9 POWER OF THE AUTHORIZING BODY TO ISSUE NEW CONTRACTS TO ORGANIZE 10 AND OPERATE STRICT DISCIPLINE PUBLIC SCHOOL ACADEMIES. A CON- 11 TRACT ISSUED BY THE AUTHORIZING BODY DURING THE SUSPENSION IS 12 VOID. A CONTRACT ISSUED BY THE AUTHORIZING BODY BEFORE THE SUS- 13 PENSION IS NOT AFFECTED BY THE SUSPENSION. 14 (6) AN AUTHORIZING BODY SHALL NOT CHARGE A FEE, OR REQUIRE 15 REIMBURSEMENT OF EXPENSES, FOR CONSIDERING AN APPLICATION FOR A 16 CONTRACT, FOR ISSUING A CONTRACT, OR FOR PROVIDING OVERSIGHT OF A 17 CONTRACT FOR A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY IN AN 18 AMOUNT THAT EXCEEDS A COMBINED TOTAL OF 3% OF THE TOTAL STATE 19 SCHOOL AID RECEIVED BY THE STRICT DISCIPLINE PUBLIC SCHOOL ACAD- 20 EMY IN THE SCHOOL YEAR IN WHICH THE FEES OR EXPENSES ARE 21 CHARGED. AN AUTHORIZING BODY MAY PROVIDE OTHER SERVICES FOR A 22 STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY AND CHARGE A FEE FOR 23 THOSE SERVICES, BUT SHALL NOT REQUIRE SUCH AN ARRANGEMENT AS A 24 CONDITION TO ISSUING THE CONTRACT AUTHORIZING THE STRICT DISCI- 25 PLINE PUBLIC SCHOOL ACADEMY. 26 (7) A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY SHALL BE 27 PRESUMED TO BE LEGALLY ORGANIZED IF IT HAS EXERCISED THE 00370'99 19 1 FRANCHISES AND PRIVILEGES OF A STRICT DISCIPLINE PUBLIC SCHOOL 2 ACADEMY FOR AT LEAST 2 YEARS. 3 SEC. 1311E. (1) AN AUTHORIZING BODY IS NOT REQUIRED TO 4 ISSUE A CONTRACT TO ANY PERSON OR ENTITY. CONTRACTS FOR STRICT 5 DISCIPLINE PUBLIC SCHOOL ACADEMIES SHALL BE ISSUED ON A COMPETI- 6 TIVE BASIS TAKING INTO CONSIDERATION THE RESOURCES AVAILABLE FOR 7 THE PROPOSED STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY, THE POPULA- 8 TION TO BE SERVED BY THE PROPOSED STRICT DISCIPLINE PUBLIC SCHOOL 9 ACADEMY, AND THE EDUCATIONAL GOALS TO BE ACHIEVED BY THE PROPOSED 10 STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY. 11 (2) IF A PERSON OR ENTITY APPLIES TO THE BOARD OF A SCHOOL 12 DISTRICT FOR A CONTRACT TO ORGANIZE AND OPERATE 1 OR MORE STRICT 13 DISCIPLINE PUBLIC SCHOOL ACADEMIES WITHIN THE BOUNDARIES OF THE 14 SCHOOL DISTRICT AND THE BOARD DOES NOT ISSUE THE CONTRACT, THE 15 PERSON OR ENTITY MAY PETITION THE BOARD TO PLACE THE QUESTION OF 16 ISSUING THE CONTRACT ON THE BALLOT TO BE DECIDED BY THE SCHOOL 17 ELECTORS OF THE SCHOOL DISTRICT. THE PETITION SHALL CONTAIN ALL 18 OF THE INFORMATION REQUIRED TO BE IN THE CONTRACT APPLICATION 19 UNDER SECTION 1311D(3) AND SHALL BE SIGNED BY A NUMBER OF SCHOOL 20 ELECTORS OF THE SCHOOL DISTRICT EQUAL TO AT LEAST 15% OF THE 21 TOTAL NUMBER OF SCHOOL ELECTORS OF THAT SCHOOL DISTRICT. THE 22 PETITION SHALL BE FILED WITH THE SECRETARY OF THE BOARD. IF THE 23 BOARD RECEIVES A PETITION MEETING THE REQUIREMENTS OF THIS SUB- 24 SECTION, THE BOARD SHALL PLACE THE QUESTION OF ISSUING THE CON- 25 TRACT ON THE BALLOT AT ITS NEXT ANNUAL SCHOOL ELECTION HELD AT 26 LEAST 60 DAYS AFTER RECEIVING THE PETITION. IF A MAJORITY OF THE 00370'99 20 1 SCHOOL ELECTORS OF THE SCHOOL DISTRICT VOTING ON THE QUESTION 2 VOTE TO ISSUE THE CONTRACT, THE BOARD SHALL ISSUE THE CONTRACT. 3 (3) WITHIN 10 DAYS AFTER ISSUING A CONTRACT FOR A STRICT 4 DISCIPLINE PUBLIC SCHOOL ACADEMY, THE BOARD OF THE AUTHORIZING 5 BODY SHALL SUBMIT TO THE STATE BOARD A COPY OF THE CONTRACT AND 6 OF THE APPLICATION UNDER SECTION 1311D. 7 (4) AN AUTHORIZING BODY SHALL ADOPT A RESOLUTION ESTABLISH- 8 ING THE METHOD OF SELECTION, LENGTH OF TERM, AND NUMBER OF MEM- 9 BERS OF THE BOARD OF DIRECTORS OF EACH STRICT DISCIPLINE PUBLIC 10 SCHOOL ACADEMY SUBJECT TO ITS JURISDICTION. 11 (5) A CONTRACT ISSUED TO ORGANIZE AND ADMINISTER A STRICT 12 DISCIPLINE PUBLIC SCHOOL ACADEMY SHALL CONTAIN AT LEAST ALL OF 13 THE FOLLOWING: 14 (A) THE EDUCATIONAL GOALS THE STRICT DISCIPLINE PUBLIC 15 SCHOOL ACADEMY IS TO ACHIEVE AND THE METHODS BY WHICH IT WILL BE 16 HELD ACCOUNTABLE. TO THE EXTENT APPLICABLE, THE PUPIL PER- 17 FORMANCE OF A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY SHALL BE 18 ASSESSED USING AT LEAST A MICHIGAN EDUCATION ASSESSMENT PROGRAM 19 (MEAP) TEST OR AN ASSESSMENT INSTRUMENT DEVELOPED UNDER SECTION 20 1279 FOR A STATE-ENDORSED HIGH SCHOOL DIPLOMA. 21 (B) A DESCRIPTION OF THE METHOD TO BE USED TO MONITOR THE 22 STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY'S COMPLIANCE WITH APPLI- 23 CABLE LAW AND ITS PERFORMANCE IN MEETING ITS TARGETED EDUCATIONAL 24 OBJECTIVES. 25 (C) A DESCRIPTION OF THE PROCESS FOR AMENDING THE CONTRACT 26 DURING THE TERM OF THE CONTRACT. 00370'99 21 1 (D) ALL OF THE MATTERS SET FORTH IN THE APPLICATION FOR THE 2 CONTRACT. 3 (E) FOR A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY AUTHORIZED 4 BY A SCHOOL DISTRICT, AN AGREEMENT THAT EMPLOYEES OF THE STRICT 5 DISCIPLINE PUBLIC SCHOOL ACADEMY WILL BE COVERED BY THE COLLEC- 6 TIVE BARGAINING AGREEMENTS THAT APPLY TO EMPLOYEES OF THE SCHOOL 7 DISTRICT EMPLOYED IN SIMILAR CLASSIFICATIONS IN SCHOOLS THAT ARE 8 NOT PUBLIC SCHOOL ACADEMIES. 9 (F) PROCEDURES FOR REVOKING THE CONTRACT AND GROUNDS FOR 10 REVOKING THE CONTRACT, INCLUDING AT LEAST THE GROUNDS LISTED IN 11 SECTION 1311M. 12 (G) A DESCRIPTION OF AND ADDRESS FOR THE PROPOSED PHYSICAL 13 PLANT IN WHICH THE STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY WILL 14 BE LOCATED. 15 (H) REQUIREMENTS AND PROCEDURES FOR FINANCIAL AUDITS. THE 16 FINANCIAL AUDITS SHALL BE CONDUCTED AT LEAST ANNUALLY BY A CERTI- 17 FIED PUBLIC ACCOUNTANT IN ACCORDANCE WITH GENERALLY ACCEPTED GOV- 18 ERNMENTAL AUDITING PRINCIPLES. 19 (6) A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY SHALL COMPLY 20 WITH ALL APPLICABLE LAW, INCLUDING ALL OF THE FOLLOWING: 21 (A) THE OPEN MEETINGS ACT, 1976 PA 267, MCL 15.261 TO 22 15.275. 23 (B) THE FREEDOM OF INFORMATION ACT, 1976 PA 442, MCL 15.231 24 TO 15.246. 25 (C) 1947 PA 336, MCL 423.201 TO 423.217. 26 (D) 1965 PA 166, MCL 408.551 TO 408.558. 00370'99 22 1 (E) SECTIONS 1134, 1135, 1146, 1153, 1263(3), 1267, AND 2 1274. 3 (7) A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY AND ITS INCOR- 4 PORATORS, BOARD MEMBERS, OFFICERS, EMPLOYEES, AND VOLUNTEERS HAVE 5 GOVERNMENTAL IMMUNITY AS PROVIDED IN SECTION 7 OF 1964 PA 170, 6 MCL 691.1407. AN AUTHORIZING BODY AND ITS BOARD MEMBERS, OFFI- 7 CERS, AND EMPLOYEES ARE IMMUNE FROM CIVIL LIABILITY, BOTH PERSON- 8 ALLY AND PROFESSIONALLY, FOR ANY ACTS OR OMISSIONS IN AUTHORIZING 9 A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY IF THE AUTHORIZING BODY 10 OR THE PERSON ACTED OR REASONABLY BELIEVED HE OR SHE ACTED WITHIN 11 THE AUTHORIZING BODY'S OR THE PERSON'S SCOPE OF AUTHORITY. 12 (8) A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY IS EXEMPT FROM 13 ALL TAXATION ON ITS EARNINGS AND PROPERTY. INSTRUMENTS OF CON- 14 VEYANCE TO OR FROM A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY ARE 15 EXEMPT FROM ALL TAXATION INCLUDING TAXES IMPOSED BY 1966 PA 134, 16 MCL 207.501 TO 207.513. A STRICT DISCIPLINE PUBLIC SCHOOL ACAD- 17 EMY MAY NOT LEVY AD VALOREM PROPERTY TAXES OR ANY OTHER TAX FOR 18 ANY PURPOSE. HOWEVER, OPERATION OF 1 OR MORE STRICT DISCIPLINE 19 PUBLIC SCHOOL ACADEMIES BY A SCHOOL DISTRICT OR INTERMEDIATE 20 SCHOOL DISTRICT DOES NOT AFFECT THE ABILITY OF THE SCHOOL DIS- 21 TRICT OR INTERMEDIATE SCHOOL DISTRICT TO LEVY AD VALOREM PROPERTY 22 TAXES OR ANY OTHER TAX. 23 (9) A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY MAY ACQUIRE BY 24 PURCHASE, GIFT, DEVISE, LEASE, SUBLEASE, INSTALLMENT PURCHASE 25 AGREEMENT, LAND CONTRACT, OPTION, OR BY ANY OTHER MEANS, HOLD AND 26 OWN IN ITS OWN NAME BUILDINGS AND OTHER PROPERTY FOR SCHOOL 27 PURPOSES, AND INTERESTS THEREIN, AND OTHER REAL AND PERSONAL 00370'99 23 1 PROPERTY, INCLUDING, BUT NOT LIMITED TO, INTERESTS IN PROPERTY 2 SUBJECT TO MORTGAGES, SECURITY INTERESTS, OR OTHER LIENS, NECES- 3 SARY OR CONVENIENT TO FULFILL ITS PURPOSES. FOR THE PURPOSES OF 4 CONDEMNATION, A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY MAY PRO- 5 CEED UNDER THE UNIFORM CONDEMNATION PROCEDURES ACT, 1980 PA 87, 6 MCL 213.51 TO 213.75, EXCLUDING SECTIONS 6 TO 9 OF THAT ACT, MCL 7 213.56 TO 213.59, OR OTHER APPLICABLE STATUTES, BUT ONLY WITH THE 8 EXPRESS, WRITTEN PERMISSION OF THE AUTHORIZING BODY IN EACH 9 INSTANCE OF CONDEMNATION AND ONLY AFTER JUST COMPENSATION HAS 10 BEEN DETERMINED AND PAID. 11 SEC. 1311F. IF A SCHOOL DISTRICT OR INTERMEDIATE SCHOOL 12 DISTRICT APPLIES FOR AND OBTAINS A CONTRACT TO OPERATE 1 OR MORE 13 STRICT DISCIPLINE PUBLIC SCHOOL ACADEMIES UNDER SECTIONS 1311B TO 14 1311M, THE POWER OF THE SCHOOL DISTRICT OR INTERMEDIATE SCHOOL 15 DISTRICT TO LEVY TAXES FOR ANY PURPOSE UNDER THIS ACT IS NOT 16 AFFECTED BY THE OPERATION OF A STRICT DISCIPLINE PUBLIC SCHOOL 17 ACADEMY BY THE SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DISTRICT. 18 REVENUE FROM TAXES LEVIED BY A SCHOOL DISTRICT OR INTERMEDIATE 19 SCHOOL DISTRICT UNDER THIS ACT OR BONDS ISSUED BY A SCHOOL DIS- 20 TRICT OR INTERMEDIATE SCHOOL DISTRICT UNDER THIS ACT MAY BE USED 21 TO SUPPORT THE OPERATION OR FACILITIES OF A STRICT DISCIPLINE 22 PUBLIC SCHOOL ACADEMY OPERATED BY THE SCHOOL DISTRICT OR INTERME- 23 DIATE SCHOOL DISTRICT IN THE SAME MANNER AS THAT REVENUE MAY BE 24 USED UNDER THIS ACT BY THE SCHOOL DISTRICT OR INTERMEDIATE SCHOOL 25 DISTRICT TO SUPPORT SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DIS- 26 TRICT OPERATIONS AND FACILITIES. THIS SECTION DOES NOT AUTHORIZE 27 A SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DISTRICT TO LEVY TAXES 00370'99 24 1 OR TO ISSUE BONDS FOR ANY PURPOSE THAT IS NOT OTHERWISE 2 AUTHORIZED UNDER THIS ACT. 3 SEC. 1311G. (1) A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY 4 MAY BE LOCATED IN ALL OR PART OF AN EXISTING PUBLIC SCHOOL 5 BUILDING. A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY SHALL NOT 6 OPERATE AT A SITE OTHER THAN THE SINGLE SITE REQUESTED FOR THE 7 CONFIGURATION OF GRADES THAT WILL USE THE SITE, AS SPECIFIED IN 8 THE APPLICATION REQUIRED UNDER SECTION 1311D AND IN THE 9 CONTRACT. 10 (2) A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY SHALL NOT 11 CHARGE TUITION. EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (4), 12 A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY SHALL NOT DISCRIMINATE 13 IN ITS PUPIL ADMISSIONS POLICIES OR PRACTICES ON THE BASIS OF 14 INTELLECTUAL OR ATHLETIC ABILITY, MEASURES OF ACHIEVEMENT OR 15 APTITUDE, STATUS AS A HANDICAPPED PERSON, OR ANY OTHER BASIS THAT 16 WOULD BE ILLEGAL IF USED BY A SCHOOL DISTRICT. HOWEVER, A STRICT 17 DISCIPLINE PUBLIC SCHOOL ACADEMY MAY LIMIT ADMISSION TO PUPILS 18 WHO ARE WITHIN A PARTICULAR RANGE OF AGE OR GRADE LEVEL OR ON ANY 19 OTHER BASIS THAT WOULD BE LEGAL IF USED BY A SCHOOL DISTRICT. 20 (3) A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY MAY BE ESTAB- 21 LISHED UNDER SECTIONS 1311B TO 1311M SPECIFICALLY FOR ENROLLING 1 22 OR MORE OF THE FOLLOWING TYPES OF PUPILS: 23 (A) PUPILS PLACED IN THE STRICT DISCIPLINE PUBLIC SCHOOL 24 ACADEMY BY A COURT OR BY THE FAMILY INDEPENDENCE AGENCY UNDER THE 25 DIRECTION OF A COURT. 26 (B) PUPILS WHO HAVE BEEN EXPELLED UNDER SECTION 1311(2). 00370'99 25 1 (C) PUPILS WHO HAVE BEEN EXPELLED UNDER ANOTHER PROVISION OF 2 THIS ACT. 3 (4) NOTWITHSTANDING SUBSECTION (2), IF IT IS STATED IN THE 4 CONTRACT AUTHORIZING A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY 5 DESCRIBED IN SUBSECTION (3) THAT THE STRICT DISCIPLINE PUBLIC 6 SCHOOL ACADEMY IS ESTABLISHED SPECIFICALLY FOR ENROLLING 1 OR 7 MORE OF THE TYPES OF PUPILS DESCRIBED IN SUBSECTION (3), THE 8 STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY MAY LIMIT ENROLLMENT ONLY 9 TO THOSE PUPILS. A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY THAT 10 LIMITS ENROLLMENT AS DESCRIBED IN THIS SUBSECTION IS NOT REQUIRED 11 TO KEEP ANY GROUP OF PUPILS DESCRIBED IN SUBSECTION (3)(A), (B), 12 OR (C) PHYSICALLY SEPARATED FROM ANOTHER GROUP OF THOSE PUPILS, 13 AS MIGHT OTHERWISE BE REQUIRED UNDER SECTION 1311(3) OR ANOTHER 14 PROVISION OF THIS ACT. 15 (5) EXCEPT FOR A FOREIGN EXCHANGE STUDENT WHO IS NOT A 16 UNITED STATES CITIZEN, A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY 17 SHALL NOT ENROLL A PUPIL WHO IS NOT A RESIDENT OF THIS STATE. 18 ENROLLMENT IN THE STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY MAY BE 19 OPEN TO ALL INDIVIDUALS WHO RESIDE IN THIS STATE WHO MEET THE 20 ADMISSION POLICY AND SHALL BE OPEN TO ALL PUPILS WHO RESIDE 21 WITHIN THE GEOGRAPHIC BOUNDARIES, IF ANY, OF THE AUTHORIZING BODY 22 AS DESCRIBED IN SECTION 1311D(2)(A) TO (C) WHO MEET THE ADMISSION 23 POLICY, EXCEPT THAT ADMISSION TO A STRICT DISCIPLINE PUBLIC 24 SCHOOL ACADEMY AUTHORIZED BY THE BOARD OF A COMMUNITY COLLEGE TO 25 OPERATE, OR OPERATED BY THE BOARD OF A COMMUNITY COLLEGE, ON THE 26 GROUNDS OF A FEDERAL MILITARY INSTALLATION, AS DESCRIBED IN 27 SECTION 1311D(2)(C), SHALL BE OPEN TO ALL PUPILS WHO RESIDE IN 00370'99 26 1 THE COUNTY IN WHICH THE FEDERAL MILITARY INSTALLATION IS 2 LOCATED. FOR A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY AUTHO- 3 RIZED BY A STATE PUBLIC UNIVERSITY, ENROLLMENT SHALL BE OPEN TO 4 ALL PUPILS WHO RESIDE IN THIS STATE WHO MEET THE ADMISSION 5 POLICY. IF THERE ARE MORE APPLICATIONS TO ENROLL IN THE STRICT 6 DISCIPLINE PUBLIC SCHOOL ACADEMY THAN THERE ARE SPACES AVAILABLE, 7 PUPILS SHALL BE SELECTED TO ATTEND USING A RANDOM SELECTION 8 PROCESS. HOWEVER, A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY MAY 9 GIVE ENROLLMENT PRIORITY TO A SIBLING OF A PUPIL ENROLLED IN THE 10 STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY. A STRICT DISCIPLINE 11 PUBLIC SCHOOL ACADEMY SHALL ALLOW ANY PUPIL WHO WAS ENROLLED IN 12 THE STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY IN THE IMMEDIATELY 13 PRECEDING SCHOOL YEAR TO ENROLL IN THE STRICT DISCIPLINE PUBLIC 14 SCHOOL ACADEMY IN THE APPROPRIATE GRADE UNLESS THE APPROPRIATE 15 GRADE IS NOT OFFERED AT THAT STRICT DISCIPLINE PUBLIC SCHOOL 16 ACADEMY. 17 (6) A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY MAY INCLUDE 18 ANY GRADE UP TO GRADE 12 OR ANY CONFIGURATION OF THOSE GRADES, 19 INCLUDING KINDERGARTEN AND EARLY CHILDHOOD EDUCATION, AS SPECI- 20 FIED IN ITS CONTRACT. IF SPECIFIED IN ITS CONTRACT, A STRICT 21 DISCIPLINE PUBLIC SCHOOL ACADEMY MAY ALSO OPERATE AN ADULT BASIC 22 EDUCATION PROGRAM, ADULT HIGH SCHOOL COMPLETION PROGRAM, OR GEN- 23 ERAL EDUCATION DEVELOPMENT TESTING PREPARATION PROGRAM. THE 24 AUTHORIZING BODY MAY APPROVE AMENDMENT OF A CONTRACT WITH RESPECT 25 TO AGES OF PUPILS OR GRADES OFFERED. 26 SEC. 1311H. IN ADDITION TO OTHER POWERS SET FORTH IN THIS 27 PART, A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY MAY TAKE ACTION 00370'99 27 1 TO CARRY OUT THE PURPOSES FOR WHICH IT WAS INCORPORATED UNDER 2 THIS PART, INCLUDING, BUT NOT LIMITED TO, ALL OF THE FOLLOWING: 3 (A) TO SUE AND BE SUED IN ITS NAME. 4 (B) TO ACQUIRE, HOLD, AND OWN IN ITS OWN NAME REAL AND PER- 5 SONAL PROPERTY, OR INTERESTS IN REAL OR PERSONAL PROPERTY, FOR 6 EDUCATIONAL PURPOSES BY PURCHASE, GIFT, GRANT, DEVISE, BEQUEST, 7 LEASE, SUBLEASE, INSTALLMENT PURCHASE AGREEMENT, LAND CONTRACT, 8 OPTION, OR CONDEMNATION, AND SUBJECT TO MORTGAGES, SECURITY 9 INTERESTS, OR OTHER LIENS; AND TO SELL OR CONVEY THE PROPERTY AS 10 THE INTERESTS OF THE STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY 11 REQUIRE. 12 (C) TO RECEIVE AND DISBURSE FUNDS FOR LAWFUL PURPOSES. 13 (D) TO ENTER INTO BINDING LEGAL AGREEMENTS WITH PERSONS OR 14 ENTITIES AS NECESSARY FOR THE OPERATION, MANAGEMENT, AND MAINTE- 15 NANCE OF THE STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY. 16 (E) TO INCUR TEMPORARY DEBT IN ACCORDANCE WITH 17 SECTION 1225. 18 (F) TO SOLICIT AND ACCEPT ANY GRANTS OR GIFTS FOR EDUCA- 19 TIONAL PURPOSES AND TO ESTABLISH OR PERMIT TO BE ESTABLISHED ON 20 ITS BEHALF 1 OR MORE NONPROFIT CORPORATIONS THE PURPOSE OF WHICH 21 IS TO ASSIST THE STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY IN THE 22 FURTHERANCE OF ITS PUBLIC PURPOSES. 23 SEC. 1311I. IF A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY IS 24 OPERATED BY A SCHOOL DISTRICT THAT IS SUBJECT TO A COURT DESEGRE- 25 GATION ORDER, PUPIL SELECTION AT THE STRICT DISCIPLINE PUBLIC 26 SCHOOL ACADEMY IS SUBJECT TO THAT ORDER. 00370'99 28 1 SEC. 1311J. (1) EXCEPT AS OTHERWISE PROVIDED BY LAW, A 2 STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY SHALL USE CERTIFICATED 3 TEACHERS ACCORDING TO STATE BOARD OR SUPERINTENDENT OF PUBLIC 4 INSTRUCTION RULE. 5 (2) A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY OPERATED BY A 6 STATE PUBLIC UNIVERSITY OR COMMUNITY COLLEGE MAY USE NONCERTIFI- 7 CATED INDIVIDUALS TO TEACH AS FOLLOWS: 8 (A) IF THE STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY IS OPER- 9 ATED BY A STATE PUBLIC UNIVERSITY, THE STRICT DISCIPLINE PUBLIC 10 SCHOOL ACADEMY MAY USE AS A CLASSROOM TEACHER IN ANY GRADE A FAC- 11 ULTY MEMBER WHO IS EMPLOYED FULL-TIME BY THE STATE PUBLIC UNIVER- 12 SITY AND WHO HAS BEEN GRANTED INSTITUTIONAL TENURE, OR HAS BEEN 13 DESIGNATED AS BEING ON TENURE TRACK, BY THE STATE PUBLIC 14 UNIVERSITY. 15 (B) FOR A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY OPERATED 16 BY A COMMUNITY COLLEGE, THE STRICT DISCIPLINE PUBLIC SCHOOL ACAD- 17 EMY MAY USE AS A CLASSROOM TEACHER A FULL-TIME MEMBER OF THE COM- 18 MUNITY COLLEGE FACULTY WHO HAS AT LEAST 5 YEARS' EXPERIENCE AT 19 THAT COMMUNITY COLLEGE IN TEACHING THE SUBJECT MATTER THAT HE OR 20 SHE IS TEACHING AT THE STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY. 21 (C) IN ANY OTHER SITUATION IN WHICH A SCHOOL DISTRICT IS 22 PERMITTED UNDER THIS ACT TO USE NONCERTIFICATED TEACHERS. 23 (3) A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY MAY DEVELOP 24 AND IMPLEMENT NEW TEACHING TECHNIQUES OR METHODS OR SIGNIFICANT 25 REVISIONS TO KNOWN TEACHING TECHNIQUES OR METHODS, AND SHALL 26 REPORT THOSE TO THE AUTHORIZING BODY AND STATE BOARD TO BE MADE 27 AVAILABLE TO THE PUBLIC. A STRICT DISCIPLINE PUBLIC SCHOOL 00370'99 29 1 ACADEMY MAY USE ANY INSTRUCTIONAL TECHNIQUE OR DELIVERY METHOD 2 THAT MAY BE USED BY A SCHOOL DISTRICT. 3 SEC. 1311K. THE BOARD OF A SCHOOL DISTRICT MAY GRANT A 4 CHARTER TO AN ELIGIBLE ENTITY FOR A CHARTERED STRICT DISCIPLINE 5 EDUCATIONAL CLINIC. THE APPLICATION REQUIREMENTS AND PROCEDURES 6 FOR SUCH A CONTRACT FOR A CHARTERED STRICT DISCIPLINE EDUCATIONAL 7 CLINIC ARE THE SAME AS FOR A CONTRACT FOR ANOTHER PUBLIC SCHOOL 8 ACADEMY. A CHARTERED STRICT DISCIPLINE EDUCATIONAL CLINIC IS A 9 SPECIALTY STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY AND SHALL ONLY 10 SERVE PUBLIC SCHOOL PUPILS DESCRIBED IN THIS SECTION DURING HOURS 11 OUTSIDE THE PUPIL'S NORMAL CLASS HOURS BY PROVIDING SPECIAL 12 ASSISTANCE FOR UP TO 3 HOURS PER WEEK, PURSUANT TO A WRITTEN PRE- 13 SCRIPTION BY THE PRINCIPAL OF THE PUBLIC SCHOOL IN WHICH THE 14 PUPIL IS REGULARLY ENROLLED ON RECOMMENDATION OF A TEACHER OF THE 15 PUPIL. A PUBLIC SCHOOL PUPIL ENROLLED IN GRADES K-12 WHO IS IN 16 EDUCATIONAL DIFFICULTY OR IS AT RISK OF FALLING SERIOUSLY BEHIND 17 OTHER PUPILS OF HIS OR HER AGE LEVEL, OF NOT BEING ADVANCED IN 18 GRADE LEVEL, OR OF DROPPING OUT OR BEING EXPELLED FROM SCHOOL MAY 19 BE SERVED BY A CHARTERED STRICT DISCIPLINE EDUCATIONAL CLINIC. 20 SEC. 1311l. A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY, WITH 21 THE APPROVAL OF THE AUTHORIZING BODY, MAY EMPLOY OR CONTRACT WITH 22 PERSONNEL AS NECESSARY FOR THE OPERATION OF THE STRICT DISCIPLINE 23 PUBLIC SCHOOL ACADEMY, PRESCRIBE THEIR DUTIES, AND FIX THEIR 24 COMPENSATION. 25 SEC. 1311M. (1) THE AUTHORIZING BODY FOR A STRICT DISCI- 26 PLINE PUBLIC SCHOOL ACADEMY IS THE FISCAL AGENT FOR THE STRICT 27 DISCIPLINE PUBLIC SCHOOL ACADEMY. A STATE SCHOOL AID PAYMENT FOR 00370'99 30 1 A STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY SHALL BE PAID TO THE 2 AUTHORIZING BODY THAT IS THE FISCAL AGENT FOR THAT STRICT DISCI- 3 PLINE PUBLIC SCHOOL ACADEMY, WHICH SHALL THEN FORWARD THE PAYMENT 4 TO THE STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY. AN AUTHORIZING 5 BODY HAS THE RESPONSIBILITY TO OVERSEE A STRICT DISCIPLINE PUBLIC 6 SCHOOL ACADEMY'S COMPLIANCE WITH THE CONTRACT AND ALL APPLICABLE 7 LAW. A CONTRACT ISSUED UNDER SECTIONS 1311B TO 1311M MAY BE 8 REVOKED BY THE AUTHORIZING BODY THAT ISSUED THE CONTRACT IF THE 9 AUTHORIZING BODY DETERMINES THAT 1 OR MORE OF THE FOLLOWING HAS 10 OCCURRED: 11 (A) FAILURE OF THE STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY 12 TO ABIDE BY AND MEET THE EDUCATIONAL GOALS SET FORTH IN THE 13 CONTRACT. 14 (B) FAILURE OF THE STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY 15 TO COMPLY WITH ALL APPLICABLE LAW. 16 (C) FAILURE OF THE STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY 17 TO MEET GENERALLY ACCEPTED PUBLIC SECTOR ACCOUNTING PRINCIPLES. 18 (D) THE EXISTENCE OF 1 OR MORE OTHER GROUNDS FOR REVOCATION 19 AS SPECIFIED IN THE CONTRACT. 20 (2) THE DECISION OF AN AUTHORIZING BODY TO REVOKE A CONTRACT 21 UNDER THIS SECTION IS SOLELY WITHIN THE DISCRETION OF THE AUTHO- 22 RIZING BODY, IS FINAL, AND IS NOT SUBJECT TO REVIEW BY A COURT OR 23 ANY STATE AGENCY. AN AUTHORIZING BODY THAT REVOKES A CONTRACT 24 UNDER THIS SECTION IS NOT LIABLE FOR THAT ACTION TO THE STRICT 25 DISCIPLINE PUBLIC SCHOOL ACADEMY, PUBLIC SCHOOL ACADEMY CORPORA- 26 TION, A PUPIL OF THE STRICT DISCIPLINE PUBLIC SCHOOL ACADEMY, THE 00370'99 31 1 PARENT OR GUARDIAN OF A PUPIL OF THE STRICT DISCIPLINE PUBLIC 2 SCHOOL ACADEMY, OR ANY OTHER PERSON. 3 Enacting section 1. This amendatory act shall be known and 4 may be cited as the "safe schools and communities act". 00370'99 Final page. TAV