SENATE BILL NO. 1154 May 21, 1998, Introduced by Senator A. SMITH and referred to the Committee on Appropriations. 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. 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 10 evaluated the pupil in accordance with rules of the state board 02086'97 a TAV 2 1 to determine if the student is handicapped, the pupil shall be 2 evaluated immediately by the intermediate school district of 3 which the school district is constituent in accordance with sec- 4 tion 1711. 5 (2) If a pupil possesses in a weapon free school zone a 6 weapon that constitutes a dangerous weapon, commits arson in a 7 school building or on school grounds, or commits criminal sexual 8 conduct in a school building or on school grounds, the school 9 board, or the designee of the school board as described in sub- 10 section (1) on behalf of the school board, shall expel the pupil 11 from the school district permanently, subject to possible rein- 12 statement under subsection (5). However, a school board is not 13 required to expel a pupil for possessing a weapon if the pupil 14 establishes in a clear and convincing manner at least 1 of the 15 following: 16 (a) The object or instrument possessed by the pupil was not 17 possessed by the pupil for use as a weapon, or for direct or 18 indirect delivery to another person for use as a weapon. 19 (b) The weapon was not knowingly possessed by the pupil. 20 (c) The pupil did not know or have reason to know that the 21 object or instrument possessed by the pupil constituted a danger- 22 ous weapon. 23 (d) The weapon was possessed by the pupil at the suggestion, 24 request, or direction of, or with the express permission of, 25 school or police authorities. 26 (3) If an individual is expelled pursuant to subsection (2), 27 the expelling school district shall enter on the individual's 02086'97 a 3 1 permanent record that he or she has been expelled pursuant to 2 subsection (2). Except if a school district operates or partici- 3 pates cooperatively in an alternative education program appropri- 4 ate for individuals expelled pursuant to subsection (2) and in 5 its discretion admits the individual to that program, an individ- 6 ual expelled pursuant to subsection (2) is expelled from all 7 public schools in this state and the officials of a school dis- 8 trict shall not allow the individual to enroll in the school dis- 9 trict unless the individual has been reinstated under subsection 10 (5). Except as otherwise provided by law, a program operated for 11 individuals expelled pursuant to subsection (2) shall ensure that 12 those individuals are physically separated at all times during 13 the school day from the general pupil population. If an individ- 14 ual expelled from a school district pursuant to subsection (2) is 15 not placed in an alternative education program, the school dis- 16 trict may provide, or may arrange for the intermediate school 17 district to provide, appropriate instructional services to the 18 individual at home. The type of services provided shall be simi- 19 lar to those provided to homebound or hospitalized pupils under 20 section 109 of the state school aid act of 1979,being section21388.1709 of the Michigan Compiled LawsMCL 388.1709, and the 22 services may be contracted for in the same manner as under that 23 section. This subsection does not require a school district to 24 expend more money for providing services for a pupil expelled 25 pursuant to subsection (2) than the amount of the foundation 26 allowance the school district receives for the pupil under 02086'97 a 4 1 section 20 of the state school aid act of 1979,being section2388.1620 of the Michigan Compiled LawsMCL 388.1620. 3 (4) If a school board expels an individual pursuant to sub- 4 section (2), the school board shall ensure that, within 3 days 5 after the expulsion, an official of the school district refers 6 the individual to the appropriate county department of social 7 services or county community mental health agency and notifies 8 the individual's parent or legal guardian or, if the individual 9 is at least age 18 or is an emancipated minor, notifies the indi- 10 vidual of the referral. 11 (5) The parent or legal guardian of an individual expelled 12 pursuant to subsection (2) or, if the individual is at least age 13 18 or is an emancipated minor, the individual may petition the 14 expelling school board for reinstatement of the individual to 15 public education in the school district. If the expelling school 16 board denies a petition for reinstatement, the parent or legal 17 guardian or, if the individual is at least age 18 or is an eman- 18 cipated minor, the individual may petition another school board 19 for reinstatement of the individual in that other school 20 district. All of the following apply to reinstatement under this 21 subsection: 22 (a) For an individual who was enrolled in grade 5 or below 23 at the time of the expulsion and who has been expelled for pos- 24 sessing a firearm or threatening another person with a dangerous 25 weapon, the parent or legal guardian or, if the individual is at 26 least age 18 or is an emancipated minor, the individual may 27 initiate a petition for reinstatement at any time after the 02086'97 a 5 1 expiration of 60 school days after the date of expulsion. For an 2 individual who was enrolled in grade 5 or below at the time of 3 the expulsion and who has been expelled pursuant to 4 subsection (2) for a reason other than possessing a firearm or 5 threatening another person with a dangerous weapon, the parent or 6 legal guardian or, if the individual is at least age 18 or is an 7 emancipated minor, the individual may initiate a petition for 8 reinstatement at any time. For an individual who was in grade 6 9 or above at the time of expulsion, the parent or legal guardian 10 or, if the individual is at least age 18 or is an emancipated 11 minor, the individual may initiate a petition for reinstatement 12 at any time after the expiration of 150 school days after the 13 date of expulsion. 14 (b) An individual who was in grade 5 or below at the time of 15 the expulsion and who has been expelled for possessing a firearm 16 or threatening another person with a dangerous weapon shall not 17 be reinstated before the expiration of 90 school days after the 18 date of expulsion. An individual who was in grade 5 or below at 19 the time of the expulsion and who has been expelled pursuant to 20 subsection (2) for a reason other than possessing a firearm or 21 threatening another person with a dangerous weapon shall not be 22 reinstated before the expiration of 10 school days after the date 23 of the expulsion. An individual who was in grade 6 or above at 24 the time of the expulsion shall not be reinstated before the 25 expiration of 180 school days after the date of expulsion. 26 (c) It is the responsibility of the parent or legal guardian 27 or, if the individual is at least age 18 or is an emancipated 02086'97 a 6 1 minor, of the individual to prepare and submit the petition. A 2 school board is not required to provide any assistance in prepar- 3 ing the petition. Upon request by a parent or legal guardian or, 4 if the individual is at least age 18 or is an emancipated minor, 5 by the individual, a school board shall make available a form for 6 a petition. 7 (d) Not later than 10 school days after receiving a petition 8 for reinstatement under this subsection, a school board shall 9 appoint a committee to review the petition and any supporting 10 information submitted by the parent or legal guardian or, if the 11 individual is at least age 18 or is an emancipated minor, by the 12 individual. The committee shall consist of 2 school board mem- 13 bers, 1 school administrator, 1 teacher, and 1 parent of a pupil 14 in the school district. During this time the superintendent of 15 the school district may prepare and submit for consideration by 16 the committee information concerning the circumstances of the 17 expulsion and any factors mitigating for or against 18 reinstatement. 19 (e) Not later than 10 school days after all members are 20 appointed, the committee described in subdivision (d) shall 21 review the petition and any supporting information and informa- 22 tion provided by the school district and shall submit a recommen- 23 dation to the school board on the issue of reinstatement. The 24 recommendation shall be for unconditional reinstatement, for con- 25 ditional reinstatement, or against reinstatement, and shall be 26 accompanied by an explanation of the reasons for the 27 recommendation and of any recommended conditions for 02086'97 a 7 1 reinstatement. The recommendation shall be based on 2 consideration of all of the following factors: 3 (i) The extent to which reinstatement of the individual 4 would create a risk of harm to pupils or school personnel. 5 (ii) The extent to which reinstatement of the individual 6 would create a risk of school district or individual liability 7 for the school board or school district personnel. 8 (iii) The age and maturity of the individual. 9 (iv) The individual's school record before the incident that 10 caused the expulsion. 11 (v) The individual's attitude concerning the incident that 12 caused the expulsion. 13 (vi) The individual's behavior since the expulsion and the 14 prospects for remediation of the individual. 15 (vii) If the petition was filed by a parent or legal guardi- 16 an, the degree of cooperation and support that has been provided 17 by the parent or legal guardian and that can be expected if the 18 individual is reinstated, including, but not limited to, recep- 19 tiveness toward possible conditions placed on the reinstatement. 20 (f) Not later than the next regularly scheduled board meet- 21 ing after receiving the recommendation of the committee under 22 subdivision (e), a school board shall make a decision to uncondi- 23 tionally reinstate the individual, conditionally reinstate the 24 individual, or deny reinstatement of the individual. The deci- 25 sion of the school board is final. 26 (g) A school board may require an individual and, if the 27 petition was filed by a parent or legal guardian, his or her 02086'97 a 8 1 parent or legal guardian to agree in writing to specific 2 conditions before reinstating the individual in a conditional 3 reinstatement. The conditions may include, but are not limited 4 to, agreement to a behavior contract, which may involve the indi- 5 vidual, parent or legal guardian, and an outside agency; partici- 6 pation in or completion of an anger management program or other 7 appropriate counseling; periodic progress reviews; and specified 8 immediate consequences for failure to abide by a condition. A 9 parent or legal guardian or, if the individual is at least age 18 10 or is an emancipated minor, the individual may include proposed 11 conditions in a petition for reinstatement submitted under this 12 subsection. 13 (6) A school board or school administrator that complies 14 with subsection (2) is not liable for damages for expelling a 15 pupil pursuant to subsection (2), and the authorizing body of a 16 public school academy established under part 6a or part 6b is not 17 liable for damages for expulsion of a pupil by the public school 18 academy pursuant to subsection (2). 19 (7) The department shall develop and distribute to all 20 school districts a form for a petition to be used under subsec- 21 tion (5). 22 (8) Subsections (2) to (7) do not diminish the due process 23 rights under federal law of a pupil who has been determined to be 24 eligible for special education programs and services. 25 (9) If a pupil expelled, OR SUSPENDED FOR MORE THAN 10 DAYS, 26 from apublicschool districtpursuant to subsection (2)FOR 27 ANY REASON is enrolledby a public school sponsoredIN A K-12 02086'97 a 9 1 alternative education program OPERATED BY ANOTHER SCHOOL 2 DISTRICT, AN INTERMEDIATE SCHOOL DISTRICT, A COMMUNITY COLLEGE, 3 or a public school academy during the period of expulsion OR 4 SUSPENSION, thepublic school academy orENTITY OPERATING the 5 alternative education program shallimmediately become eligible6forBE PAID AN AMOUNT EQUAL TO the prorated share ofeither the7public academy foundation allowance orthe expelling school 8 district's foundation allowance,whichever is higherAS PRO- 9 VIDED IN SECTION 25 OF THE STATE SCHOOL AID ACT OF 1979, MCL 10 388.1625. 11 (10) As used in this section: 12 (a) "Arson" means a felony violation of chapter X of the 13 Michigan penal code,Act No. 328 of the Public Acts of 1931,14being sections 750.71 to 750.80 of the Michigan Compiled Laws15 1931 PA 328, MCL 750.71 TO 750.80. 16 (B) "COMMUNITY COLLEGE" MEANS A COMMUNITY COLLEGE ESTAB- 17 LISHED UNDER PART 25 OR UNDER THE COMMUNITY COLLEGE ACT OF 1966, 18 1966 PA 331, MCL 389.1 TO 389.195. 19 (C)(b)"Criminal sexual conduct" means a violation of 20 section 520b, 520c, 520d, 520e, or 520g ofAct No. 328 of the21Public Acts of 1931, being sections 750.520b, 750.520c, 750.520d,22750.520e, and 750.520g of the Michigan Compiled LawsTHE 23 MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.520B, 750.520C, 24 750.520D, 750.520E, AND 750.520G. 25 (D)(c)"Dangerous weapon" means that term as defined in 26 section 1313. 02086'97 a 10 1 (E)(d)"Firearm" means that term as defined inthe2federal gun-free schools act of 1994, Public Law 103-227, 203U.S.C. 3351SECTION 921 OF TITLE XVIII OF THE UNITED STATES 4 CODE, 18 U.S.C. 921. 5 (F)(e)"School board" means a school board, intermediate 6 school board, or the board of directors of a public school acad- 7 emy established under part 6a or 6b. 8 (G)(f)"School district" means a school district, a local 9 act school district, an intermediate school district, or a public 10 school academy established under part 6a or 6b. 11 (H)(g)"Weapon free school zone" means that term as 12 defined in section 237a of the Michigan penal code,Act No. 32813of the Public Acts of 1931, being section 750.237a of the14Michigan Compiled Laws1931 PA 328, MCL 750.237A. 02086'97 a Final page. 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