February 28, 2012, Introduced by Reps. Damrow and Rogers and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 1310, 1311, and 1311a (MCL 380.1310, 380.1311,
and 380.1311a), section 1310 as amended by 2000 PA 230, section
1311 as amended by 2008 PA 1, and section 1311a as amended by 2007
PA 138.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1310. (1) If a pupil enrolled in grade 6 or above commits
a physical assault at school against another pupil and the physical
assault is reported to the school board, school district
superintendent, or building principal, then the school board or the
designee of the school board as described in section 1311(1) on
behalf of the school board shall suspend or expel the pupil from
the school district for up to 180 school days. A district
superintendent or building principal who receives a report
described in this subsection shall forward the report to the school
board. Notwithstanding section 1147, a school district is not
required to allow an individual expelled from another school
district under this section to attend school in the school district
during the expulsion, and shall not allow an individual who is not
a resident of the school district and who is expelled from another
school district under this section to attend school in the school
district during the expulsion if the expulsion occurred during the
current or immediately preceding school year.
(2) If an individual is expelled pursuant to this section, it
is the responsibility of that individual and of his or her parent
or legal guardian to locate a suitable educational program and to
enroll the individual in such a program during the expulsion. The
office for safe schools in the department shall compile information
on and catalog existing alternative education programs or schools
and nonpublic schools that may be open to enrollment of individuals
expelled under this section and pursuant to section 1311(2) or
1311a, and shall periodically distribute this information to school
districts for distribution to expelled individuals. A school board
that establishes an alternative education program or school
described in this subsection shall notify the office for safe
schools about the program or school and the types of pupils it
serves. The office for safe schools also shall work with and
provide technical assistance to school districts, authorizing
bodies for public school academies, and other interested parties in
developing these types of alternative education programs or schools
in geographic areas that are not being served.
(3) Before allowing an individual who is expelled under this
section to return to school, a school board shall require the
individual or his or her parent or legal guardian, or both, to
agree in writing to specific conditions before conditionally
allowing the individual to return to school. 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.
(4) (3)
As used in this section:
(a) "At school" means in a classroom, elsewhere on school
premises, on a school bus or other school-related vehicle, or at a
school-sponsored activity or event whether or not it is held on
school premises.
(b) "Physical assault" means intentionally causing or
attempting to cause physical harm to another through force or
violence.
(c) "School board" means a school board, intermediate school
board, or the board of directors of a public school academy.
(d) "School district" means a school district, a local act
school district, an intermediate school district, or a public
school academy.
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.
If there is reasonable cause to believe that the pupil is a student
with a disability, and the school district has not evaluated the
pupil in accordance with rules of the superintendent of public
instruction to determine if the pupil is a student with a
disability, the pupil shall be evaluated immediately by the
intermediate school district of which the school district is
constituent in accordance with section 1711. Before allowing an
individual who is suspended or expelled under this subsection to
return to school, a school board shall require the individual or
his or her parent or legal guardian, or both, to agree in writing
to specific conditions before conditionally allowing the individual
to return to school. 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.
(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)(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 as calculated 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 expulsion did not
occur in the current or immediately preceding school year and 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 shall 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 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
an
alternative education program or a
public school academy
sponsored or operated by another school district 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 sponsoring
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 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, and shall not allow an
individual who is not a resident of the school district and who is
expelled from another school district under this section to attend
school in the school district during the expulsion if the expulsion
occurred during the current or immediately preceding school year.
Before allowing an individual who is suspended or expelled under
this subsection to return to school, a school board shall require
the individual or his or her parent or legal guardian, or both, to
agree in writing to specific conditions before conditionally
allowing the individual to return to school. 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.
(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)(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 expulsion did not
occur in the current or immediately preceding school year and 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 shall 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 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 an
alternative
education program or a public school academy sponsored
or operated by another school district 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 sponsoring
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.