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SB-0069, As Passed Senate, May 12, 2005

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 69

A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending section 1311g (MCL 380.1311g), as added by 1999 PA 23.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1311g. (1) A strict discipline academy may be located in

all or part of an existing public school building. Except for a

strict discipline academy that includes pupils who are the

responsibility of a county juvenile agency, a strict discipline

academy shall not operate at a site other than the single site

requested for the configuration of grades that will use the site,

as specified in the application required under section 1311d and in

the contract.

(2) A strict discipline academy shall not charge tuition.

Except as otherwise provided in subsection (5), a strict discipline

academy shall not discriminate in its pupil admissions policies or

practices on the basis of intellectual or athletic ability,

measures of achievement or aptitude, status as a handicapped

person, or any other basis that would be illegal if used by a

school district. However, a strict discipline academy may limit

admission to pupils who are within a particular range of age or

grade level or on any other basis that would be legal if used by a

school district.

(3) A strict discipline academy shall be established under

sections 1311b to 1311l specifically for enrolling 1 or more of the

following types of pupils:

(a) Pupils placed in the strict discipline academy by a court

or by the ~~family independence agency~~ department of human services

or a county juvenile agency under the direction of a court.

(b) Pupils who have been expelled under section 1311(2).

another provision of this act.

(d) Other [~~expelled pupils~~ pupils who have been Expelled from

school, or pupils who have been suspended from school for a suspension that is for a period in excess of 10 school days, and] who are

referred to the strict discipline academy by that pupil's school

and placed in the strict discipline academy by the pupil's parent

or legal guardian. However, a suspended pupil shall be allowed to

attend the strict discipline academy only for the duration of the

suspension.

(4) In addition to the types of pupils specified in subsection

(3), a strict discipline public school academy shall be open for

enrollment of a special education pupil who does not meet the

requirements of subsection (3) if the special education pupil's

individualized ~~educational planning committee~~ education program

team recommends that the special education pupil be placed in the

strict discipline public school academy. As used in this

subsection, "individualized ~~educational planning committee~~

education program team" means that term as defined ~~in R 340.1701a~~

~~of the Michigan administrative code or an individualized education~~

~~program team as defined~~ in section 614 of part B of title VI of

the individuals with disabilities education act, ~~Public Law 91-230,~~

~~20 U.S.C.~~ 20 USC 1414.

(5) A strict discipline academy shall enroll only 1 or more of

the types of pupils described in subsection (3) or (4). A strict

discipline academy is not required to keep any group of pupils

described in subsection (3) or (4) physically separated from

another group of those pupils, as might otherwise be required under

section 1311, section 1311a, or another provision of this act.

(6) Strict discipline academies are not intended to enroll or

otherwise be used to educate individuals who are committed to a

high-security or medium-security juvenile facility operated by the

~~family independence agency~~ department of human services or another

state department or agency. Further, if the ~~family independence~~

~~agency~~ department of human services, department of corrections, or

another state department or agency has custody of or jurisdiction

over a child, that state department or agency has the financial

responsibility for educating the child.

(7) Except for a foreign exchange student who is not a United

States citizen, a strict discipline academy shall not enroll a

pupil who is not a resident of this state. Enrollment in the strict

discipline academy may be open to all individuals who reside in

this state who meet the admission policy under subsections (3) and

(4) and shall be open to all pupils who reside within the

geographic boundaries, if any, of the authorizing body as described

in section 1311d who meet the admission policy under subsections

(3) and (4), except that admission to a strict discipline academy

authorized by the board of a community college to operate, or

operated by the board of a community college, on the grounds of a

federal military installation, as described in section 1311d, shall

be open to all pupils who reside in the county in which the federal

military installation is located who meet the admission policy

under subsections (3) and (4). For a strict discipline academy

authorized by a state public university, enrollment shall be open

to all pupils who reside in this state who meet the admission

policy under subsections (3) and (4). If there are more

applications to enroll in the strict discipline academy than there

are spaces available, pupils shall be selected to attend using a

random selection process. However, a strict discipline academy may

give enrollment priority to a sibling of a pupil enrolled in the

strict discipline academy. A Except for a suspended pupil who is

attending the strict discipline academy for the duration of the

suspension, a strict discipline academy shall allow any pupil who

was enrolled in the strict discipline academy in the immediately

preceding school year to enroll in the strict discipline academy in

the appropriate grade unless the appropriate grade is not offered

at that strict discipline academy.

(8) A strict discipline academy may include any grade up to

grade 12 or any configuration of those grades, including