HOUSE BILL NO. 5557
February 26, 2020, Introduced by Reps.
Camilleri, Brenda Carter, Anthony, Hammoud, Koleszar, Clemente, Cynthia
Johnson, Kennedy, Manoogian, Miller, Hood, Tyrone Carter, Stone, LaGrand
and Shannon 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 2018 PA 145.
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 who
commits criminal sexual conduct against another pupil enrolled in the same
school district or 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 intermediate school district of which the school
district is constituent shall be evaluated evaluate the pupil immediately by the intermediate school district
of which the school district is constituent in accordance with
section 1711. A pupil must not be suspended or
expelled solely based on the pupil's school attendance.
(2) Subject to subsection
(3) and section 1310d, 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, commits criminal sexual conduct in a school building or
on school grounds, or pleads to, is convicted of, or is adjudicated for
criminal sexual conduct against another pupil enrolled in the same school
district, 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
(6). 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 individual 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) There is a rebuttable
presumption that expulsion under subsection (2) for possession of a weapon is
not justified if both of the following are met:
(a) The school board or
its designee determines in writing that at least 1 of the factors listed in
subsection (2)(a) to (d) has been established in a clear and convincing manner.
(b) The pupil has no
history of suspension or expulsion.
(4) If an individual is
expelled under subsection (2), the expelling school district shall enter on the
individual's permanent record that he or she has been expelled under subsection
(2). Except if a school district operates or participates cooperatively in an
alternative education program appropriate for individuals expelled under
subsection (2) and in its discretion admits the individual to that program, and
except for a strict discipline academy established under sections 1311b to
1311m or a cyber school as that term is defined
in section 551, an individual expelled under 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 (6). Except as otherwise provided by law,
a program operated for individuals expelled under 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 under subsection (2) is not placed in an alternative education
program, strict discipline academy, or cyber school, 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 must 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 under 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.
(5) If a school board
expels an individual under 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.
(6) The parent or legal
guardian of an individual expelled under 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 under 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 must 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
under subsection (2) for a reason other than possessing a firearm or
threatening another person with a dangerous weapon shall must 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 must 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 must be for unconditional reinstatement,
for conditional reinstatement, or against reinstatement, and shall must be accompanied by an explanation of
the reasons for the recommendation and of any recommended conditions for
reinstatement. The recommendation shall must 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.
(7) A school board or school administrator that complies with
subsection (2) is not liable for damages for expelling a pupil under 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 under subsection
(2).
(8) The department shall develop and distribute to all school
districts a form for a petition for reinstatement to be used under subsection
(6).
(9) 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.
(10) If a pupil expelled from a public school district under
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 becomes 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.
(11) If an individual is expelled under 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 under subsection (2) and under 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.
(12) 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 750.79.
(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, intermediate
school district, or 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.