SB-0571, As Passed House, October 25, 2007

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 571

 

 

June 7, 2007, Introduced by Senator KUIPERS and referred to the Committee on Education.

 

 

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending sections 1311 and 1311a (MCL 380.1311 and 380.1311a),

 

section 1311 as amended by 1999 PA 23 and section 1311a as amended

 

by 2000 PA 230.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1311. (1) Subject to subsection (2), the school board, or

 

the school district superintendent, a school building principal, or

 

another school district official if designated by the school board,

 

may authorize or order the suspension or expulsion from school of a

 

pupil guilty of gross misdemeanor or persistent disobedience if, in

 

the judgment of the school board or its designee, as applicable,

 

the interest of the school is served by the authorization or order.


Senate Bill No. 571 as amended June 13, 2007

 

If there is reasonable cause to believe that the pupil is

 

<<handicapped eligible for special education programs and services>>,

and the school district has not evaluated the pupil in

 

accordance with rules of the state board to determine if the

 

student is <<handicapped eligible for special education programs and

services>>, the pupil shall be evaluated immediately by

 

the intermediate school district of which the school district is

 

constituent in accordance with section 1711.

 

     (2) If a pupil possesses in a weapon free school zone a weapon

 

that constitutes a dangerous weapon, commits arson in a school

 

building or on school grounds, or commits criminal sexual conduct

 

in a school building or on school grounds, the school board, or the

 

designee of the school board as described in subsection (1) on

 

behalf of the school board, shall expel the pupil from the school

 

district permanently, subject to possible reinstatement under

 

subsection (5). However, a school board is not required to expel a

 

pupil for possessing a weapon if the pupil establishes in a clear

 

and convincing manner at least 1 of the following:

 

     (a) The object or instrument possessed by the pupil was not

 

possessed by the pupil for use as a weapon, or for direct or

 

indirect delivery to another person for use as a weapon.

 

     (b) The weapon was not knowingly possessed by the pupil.

 

     (c) The pupil did not know or have reason to know that the

 

object or instrument possessed by the pupil constituted a dangerous

 

weapon.

 

     (d) The weapon was possessed by the pupil at the suggestion,

 

request, or direction of, or with the express permission of, school

 

or police authorities.

 

     (3) If an individual is expelled pursuant to subsection (2),


 

the expelling school district shall enter on the individual's

 

permanent record that he or she has been expelled pursuant to

 

subsection (2). Except if a school district operates or

 

participates cooperatively in an alternative education program

 

appropriate for individuals expelled pursuant to subsection (2) and

 

in its discretion admits the individual to that program, and except

 

for a strict discipline academy established under sections 1311b to

 

1311l, an individual expelled pursuant to subsection (2) is expelled

 

from all public schools in this state and the officials of a school

 

district shall not allow the individual to enroll in the school

 

district unless the individual has been reinstated under subsection

 

(5). Except as otherwise provided by law, a program operated for

 

individuals expelled pursuant to subsection (2) shall ensure that

 

those individuals are physically separated at all times during the

 

school day from the general pupil population. If an individual

 

expelled from a school district pursuant to subsection (2) is not

 

placed in an alternative education program or strict discipline

 

academy, the school district may provide, or may arrange for the

 

intermediate school district to provide, appropriate instructional

 

services to the individual at home. The type of services provided

 

shall meet the requirements of section 6(4)(v) 6(4)(u) of the state

 

school aid act of 1979, MCL 388.1606, and the services may be

 

contracted for in the same manner as services for homebound pupils

 

under section 109 of the state school aid act of 1979, MCL

 

388.1709. This subsection does not require a school district to

 

expend more money for providing services for a pupil expelled

 

pursuant to subsection (2) than the amount of the foundation


 

allowance the school district receives for the pupil under section

 

20 of the state school aid act of 1979, MCL 388.1620.

 

     (4) If a school board expels an individual pursuant to

 

subsection (2), the school board shall ensure that, within 3 days

 

after the expulsion, an official of the school district refers the

 

individual to the appropriate county department of social services

 

or county community mental health agency and notifies the

 

individual's parent or legal guardian or, if the individual is at

 

least age 18 or is an emancipated minor, notifies the individual of

 

the referral.

 

     (5) The parent or legal guardian of an individual expelled

 

pursuant to subsection (2) or, if the individual is at least age 18

 

or is an emancipated minor, the individual may petition the

 

expelling school board for reinstatement of the individual to

 

public education in the school district. If the expelling school

 

board denies a petition for reinstatement, the parent or legal

 

guardian or, if the individual is at least age 18 or is an

 

emancipated minor, the individual may petition another school board

 

for reinstatement of the individual in that other school district.

 

All of the following apply to reinstatement under this subsection:

 

     (a) For an individual who was enrolled in grade 5 or below at

 

the time of the expulsion and who has been expelled for possessing

 

a firearm or threatening another person with a dangerous weapon,

 

the parent or legal guardian or, if the individual is at least age

 

18 or is an emancipated minor, the individual may initiate a

 

petition for reinstatement at any time after the expiration of 60

 

school days after the date of expulsion. For an individual who was


 

enrolled in grade 5 or below at the time of the expulsion and who

 

has been expelled pursuant to subsection (2) for a reason other

 

than possessing a firearm or threatening another person with a

 

dangerous weapon, the parent or legal guardian or, if the

 

individual is at least age 18 or is an emancipated minor, the

 

individual may initiate a petition for reinstatement at any time.

 

For an individual who was in grade 6 or above at the time of

 

expulsion, the parent or legal guardian or, if the individual is at

 

least age 18 or is an emancipated minor, the individual may

 

initiate a petition for reinstatement at any time after the

 

expiration of 150 school days after the date of expulsion.

 

     (b) An individual who was in grade 5 or below at the time of

 

the expulsion and who has been expelled for possessing a firearm or

 

threatening another person with a dangerous weapon shall not be

 

reinstated before the expiration of 90 school days after the date

 

of expulsion. An individual who was in grade 5 or below at the time

 

of the expulsion and who has been expelled pursuant to subsection

 

(2) for a reason other than possessing a firearm or threatening

 

another person with a dangerous weapon shall not be reinstated

 

before the expiration of 10 school days after the date of the

 

expulsion. An individual who was in grade 6 or above at the time of

 

the expulsion shall not be reinstated before the expiration of 180

 

school days after the date of expulsion.

 

     (c) It is the responsibility of the parent or legal guardian

 

or, if the individual is at least age 18 or is an emancipated

 

minor, of the individual to prepare and submit the petition. A

 

school board is not required to provide any assistance in preparing


 

the petition. Upon request by a parent or legal guardian or, if the

 

individual is at least age 18 or is an emancipated minor, by the

 

individual, a school board shall make available a form for a

 

petition.

 

     (d) Not later than 10 school days after receiving a petition

 

for reinstatement under this subsection, a school board shall

 

appoint a committee to review the petition and any supporting

 

information submitted by the parent or legal guardian or, if the

 

individual is at least age 18 or is an emancipated minor, by the

 

individual. The committee shall consist of 2 school board members,

 

1 school administrator, 1 teacher, and 1 parent of a pupil in the

 

school district. During this time the superintendent of the school

 

district may prepare and submit for consideration by the committee

 

information concerning the circumstances of the expulsion and any

 

factors mitigating for or against reinstatement.

 

     (e) Not later than 10 school days after all members are

 

appointed, the committee described in subdivision (d) shall review

 

the petition and any supporting information and information

 

provided by the school district and shall submit a recommendation

 

to the school board on the issue of reinstatement. The

 

recommendation shall be for unconditional reinstatement, for

 

conditional reinstatement, or against reinstatement, and shall be

 

accompanied by an explanation of the reasons for the recommendation

 

and of any recommended conditions for reinstatement. The

 

recommendation shall be based on consideration of all of the

 

following factors:

 

     (i) The extent to which reinstatement of the individual would


 

create a risk of harm to pupils or school personnel.

 

     (ii) The extent to which reinstatement of the individual would

 

create a risk of school district liability or individual liability

 

for the school board or school district personnel.

 

     (iii) The age and maturity of the individual.

 

     (iv) The individual's school record before the incident that

 

caused the expulsion.

 

     (v) The individual's attitude concerning the incident that

 

caused the expulsion.

 

     (vi) The individual's behavior since the expulsion and the

 

prospects for remediation of the individual.

 

     (vii) If the petition was filed by a parent or legal guardian,

 

the degree of cooperation and support that has been provided by the

 

parent or legal guardian and that can be expected if the individual

 

is reinstated, including, but not limited to, receptiveness toward

 

possible conditions placed on the reinstatement.

 

     (f) Not later than the next regularly scheduled board meeting

 

after receiving the recommendation of the committee under

 

subdivision (e), a school board shall make a decision to

 

unconditionally reinstate the individual, conditionally reinstate

 

the individual, or deny reinstatement of the individual. The

 

decision of the school board is final.

 

     (g) A school board may require an individual and, if the

 

petition was filed by a parent or legal guardian, his or her parent

 

or legal guardian to agree in writing to specific conditions before

 

reinstating the individual in a conditional reinstatement. The

 

conditions may include, but are not limited to, agreement to a


 

behavior contract, which may involve the individual, parent or

 

legal guardian, and an outside agency; participation in or

 

completion of an anger management program or other appropriate

 

counseling; periodic progress reviews; and specified immediate

 

consequences for failure to abide by a condition. A parent or legal

 

guardian or, if the individual is at least age 18 or is an

 

emancipated minor, the individual may include proposed conditions

 

in a petition for reinstatement submitted under this subsection.

 

     (6) A school board or school administrator that complies with

 

subsection (2) is not liable for damages for expelling a pupil

 

pursuant to subsection (2), and the authorizing body of a public

 

school academy is not liable for damages for expulsion of a pupil

 

by the public school academy pursuant to subsection (2).

 

     (7) The department shall develop and distribute to all school

 

districts a form for a petition for reinstatement to be used under

 

subsection (5).

 

     (8) This section does not diminish the due process any rights

 

under federal law of a pupil who has been determined to be eligible

 

for special education programs and services.

 

     (9) If a pupil expelled from a public school district pursuant

 

to subsection (2) is enrolled by a public school district sponsored

 

alternative education program or a public school academy during the

 

period of expulsion, the public school academy or alternative

 

education program shall immediately become eligible for the

 

prorated share of either the public school academy or operating

 

school district's foundation allowance or the expelling school

 

district's foundation allowance, whichever is higher.


 

     (10) If an individual is expelled pursuant to subsection (2),

 

it is the responsibility of that individual and of his or her

 

parent or legal guardian to locate a suitable alternative

 

educational program and to enroll the individual in such a program

 

during the expulsion. The office of 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 pursuant to subsection

 

(2) and pursuant to section 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 of safe schools about the

 

program or school and the types of pupils it serves. The office of

 

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.

 

     (11) As used in this section:

 

     (a) "Arson" means a felony violation of chapter X of the

 

Michigan penal code, 1931 PA 328, MCL 750.71 to 750.80.

 

     (b) "Criminal sexual conduct" means a violation of section

 

520b, 520c, 520d, 520e, or 520g of the Michigan penal code, 1931 PA

 

328, MCL 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g.

 

     (c) "Dangerous weapon" means that term as defined in section

 

1313.


 

     (d) "Firearm" means that term as defined in section 921 of

 

title 18 of the United States Code, 18 U.S.C. USC 921.

 

     (e) "School board" means a school board, intermediate school

 

board, or the board of directors of a public school academy.

 

     (f) "School district" means a school district, a local act

 

school district, an intermediate school district, or a public

 

school academy.

 

     (g) "Weapon free school zone" means that term as defined in

 

section 237a of the Michigan penal code, 1931 PA 328, MCL 750.237a.

 

     Sec. 1311a. (1) If a pupil enrolled in grade 6 or above

 

commits a physical assault at school against a person employed by

 

or engaged as a volunteer or contractor by the school board and the

 

physical assault is reported to the school board, school district

 

superintendent, or building principal by the victim or, if the

 

victim is unable to report the assault, by another person on the

 

victim's behalf, then the school board, or the designee of the

 

school board as described in section 1311(1) on behalf of the

 

school board, shall expel the pupil from the school district

 

permanently, subject to possible reinstatement under subsection

 

(5). A district superintendent or building principal who receives a

 

report described in this subsection shall forward the report to the

 

school board.

 

     (2) If a pupil enrolled in grade 6 or above commits a verbal

 

assault, as defined by school board policy, at school against a

 

person employed by or engaged as a volunteer or contractor by the

 

school board and the verbal assault is reported to the school

 

board, school district superintendent, or building principal by the


 

victim or, if the victim is unable to report the verbal assault, by

 

another person on the victim's behalf, or if a pupil enrolled in

 

grade 6 or above makes a bomb threat or similar threat directed at

 

a school building, other school property, or a school-related

 

event, 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 a

 

period of time as determined in the discretion of the school board

 

or its designee. 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 subsection to attend school

 

in the school district during the expulsion.

 

     (3) If an individual is permanently expelled pursuant to this

 

section, the expelling school district shall enter on the

 

individual's permanent record that he or she has been permanently

 

expelled pursuant to this section. Except if a school district

 

operates or participates cooperatively in an alternative education

 

program appropriate for individuals expelled pursuant to this

 

section and section 1311(2) and in its discretion admits the

 

individual to that program, and except for a strict discipline

 

academy established under sections 1311b to 1311l, an individual

 

permanently expelled pursuant to this section is expelled from all

 

public schools in this state and the officials of a school district

 

shall not allow the individual to enroll in the school district

 

unless the individual has been reinstated under subsection (5).


 

Except as otherwise provided by law, a program operated for

 

individuals expelled pursuant to this section and section 1311(2)

 

shall ensure that those individuals are physically separated at all

 

times during the school day from the general pupil population. If

 

an individual permanently expelled from a school district pursuant

 

to this section is not placed in an alternative education program

 

or strict discipline academy, the school district may provide, or

 

may arrange for the intermediate school district to provide,

 

appropriate instructional services to the individual at home. The

 

type of services provided shall meet the requirements of section

 

6(4)(v) 6(4)(u) of the state school aid act of 1979, MCL 388.1606,

 

and the services may be contracted for in the same manner as

 

services for homebound pupils under section 109 of the state school

 

aid act of 1979, MCL 388.1709. This subsection does not require a

 

school district to expend more money for providing services for a

 

pupil permanently expelled pursuant to this section than the amount

 

of the foundation allowance the school district receives for the

 

pupil under section 20 of the state school aid act of 1979, MCL

 

388.1620.

 

     (4) If a school board permanently expels an individual

 

pursuant to this section, the school board shall ensure that,

 

within 3 days after the expulsion, an official of the school

 

district refers the individual to the appropriate county department

 

of social services or county community mental health agency and

 

notifies the individual's parent or legal guardian or, if the

 

individual is at least age 18 or is an emancipated minor, notifies

 

the individual of the referral.


 

     (5) The parent or legal guardian of an individual permanently

 

expelled pursuant to this section or, if the individual is at least

 

age 18 or is an emancipated minor, the individual may petition the

 

expelling school board for reinstatement of the individual to

 

public education in the school district. If the expelling school

 

board denies a petition for reinstatement, the parent or legal

 

guardian or, if the individual is at least age 18 or is an

 

emancipated minor, the individual may petition another school board

 

for reinstatement of the individual in that other school district.

 

All of the following apply to reinstatement under this subsection:

 

     (a) The individual's parent or legal guardian or, if the

 

individual is at least age 18 or is an emancipated minor, the

 

individual may initiate a petition for reinstatement at any time

 

after the expiration of 150 school days after the date of

 

expulsion.

 

     (b) The individual shall not be reinstated before the

 

expiration of 180 school days after the date of expulsion.

 

     (c) It is the responsibility of the parent or legal guardian

 

or, if the individual is at least age 18 or is an emancipated

 

minor, of the individual to prepare and submit the petition. A

 

school board is not required to provide any assistance in preparing

 

the petition. Upon request by a parent or legal guardian or, if the

 

individual is at least age 18 or is an emancipated minor, by the

 

individual, a school board shall make available a form for a

 

petition.

 

     (d) Not later than 10 school days after receiving a petition

 

for reinstatement under this subsection, a school board shall


 

appoint a committee to review the petition and any supporting

 

information submitted by the parent or legal guardian or, if the

 

individual is at least age 18 or is an emancipated minor, by the

 

individual. The committee shall consist of 2 school board members,

 

1 school administrator, 1 teacher, and 1 parent of a pupil in the

 

school district. During this time the superintendent of the school

 

district may prepare and submit for consideration by the committee

 

information concerning the circumstances of the expulsion and any

 

factors mitigating for or against reinstatement.

 

     (e) Not later than 10 school days after all members are

 

appointed, the committee described in subdivision (d) shall review

 

the petition and any supporting information and information

 

provided by the school district and shall submit a recommendation

 

to the school board on the issue of reinstatement. The

 

recommendation shall be for unconditional reinstatement, for

 

conditional reinstatement, or against reinstatement, and shall be

 

accompanied by an explanation of the reasons for the recommendation

 

and of any recommended conditions for reinstatement. The

 

recommendation shall be based on consideration of all of the

 

following factors:

 

     (i) The extent to which reinstatement of the individual would

 

create a risk of harm to pupils or school personnel.

 

     (ii) The extent to which reinstatement of the individual would

 

create a risk of school district or individual liability for the

 

school board or school district personnel.

 

     (iii) The age and maturity of the individual.

 

     (iv) The individual's school record before the incident that


 

caused the expulsion.

 

     (v) The individual's attitude concerning the incident that

 

caused the expulsion.

 

     (vi) The individual's behavior since the expulsion and the

 

prospects for remediation of the individual.

 

     (vii) If the petition was filed by a parent or legal guardian,

 

the degree of cooperation and support that has been provided by the

 

parent or legal guardian and that can be expected if the individual

 

is reinstated, including, but not limited to, receptiveness toward

 

possible conditions placed on the reinstatement.

 

     (f) Not later than the next regularly scheduled board meeting

 

after receiving the recommendation of the committee under

 

subdivision (e), a school board shall make a decision to

 

unconditionally reinstate the individual, conditionally reinstate

 

the individual, or deny reinstatement of the individual. The

 

decision of the school board is final.

 

     (g) A school board may require an individual and, if the

 

petition was filed by a parent or legal guardian, his or her parent

 

or legal guardian to agree in writing to specific conditions before

 

reinstating the individual in a conditional reinstatement. The

 

conditions may include, but are not limited to, agreement to a

 

behavior contract, which may involve the individual, parent or

 

legal guardian, and an outside agency; participation in or

 

completion of an anger management program or other appropriate

 

counseling; periodic progress reviews; and specified immediate

 

consequences for failure to abide by a condition. A parent or legal

 

guardian or, if the individual is at least age 18 or is an


 

emancipated minor, the individual may include proposed conditions

 

in a petition for reinstatement submitted under this subsection.

 

     (6) A school board or school administrator that complies with

 

this section is not liable for damages for suspending or expelling

 

a pupil pursuant to this section, and the authorizing body of a

 

public school academy is not liable for damages for suspension or

 

expulsion of a pupil by the public school academy pursuant to this

 

section.

 

     (7) The department shall develop and distribute to all school

 

districts a form for a petition for reinstatement to be used under

 

subsection (5). The department may designate the form used for a

 

petition for reinstatement under section 1311 as a form that may be

 

used under this section.

 

     (8) This section does not diminish the due process any rights

 

under federal law of a pupil who has been determined to be eligible

 

for special education programs and services.

 

     (9) If a pupil expelled from a school district pursuant to

 

this section is enrolled by a public school district sponsored

 

alternative education program or a public school academy during the

 

period of expulsion, the public school academy or the alternative

 

education program is immediately eligible for the prorated share of

 

either the public school academy's or operating school district's

 

foundation allowance or the expelling school district's foundation

 

allowance, whichever is higher.

 

     (10) A school board or its designee shall report all assaults

 

described in subsection (1) or (2) to appropriate state or local

 

law enforcement officials and prosecutors as provided in the


 

statewide school safety information policy under section 1308.

 

     (11) 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 pursuant to this section and pursuant to section 1311(2),

 

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 of 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.

 

     (12) 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, a local act

 

school district, an intermediate school district, or a public

 

school academy.