SCHOOL EXPULSION FOR ASSAULT - S.B. 206 (S-2): FLOOR ANALYSIS
Senate Bill 206 (Substitute S-2 as reported by the Committee of the Whole)
Sponsor: Senator Leon Stille
Committee: Education
CONTENT
The bill would amend the Revised School Code to require the expulsion of a student, subject to possible reinstatement after 180 days, if he or she were enrolled in grade six or above and physically assaulted at school a school employee, a volunteer, or a person under contract with the school. ("Physical assault" would mean intentionally causing or attempting to cause physical harm to another through force or violence.) The student would be expelled from all public schools in the State (except a strict discipline academy) unless a district operated or participated in an appropriate alternative education program and admitted the expelled student to it. The student's parent or legal guardian or the student, if he or she were at least 18 or emancipated, could petition the school board for reinstatement. The board would have to appoint a committee to review a reinstatement petition, and reinstate the individual conditionally or unconditionally or deny reinstatement.
The bill also would require the expulsion of a student in grade six or above, for up to 180 school days, for committing a verbal assault at school against a school employee, volunteer, or person under contract. Within three days after an expulsion for physical or verbal assault, the school board would have to refer the student to an appropriate county social services or mental health agency.
The bill provides that it would be the responsibility of the individual and his or her parent or legal guardian to locate a suitable educational program and enroll the individual in it during the expulsion. The Office of Safe Schools in the Department of Education would have to catalog alternative education programs or schools that could be open to expelled individuals.
The bill is tie-barred to Senate Bill 183 and House Bills 4240 and 4241, which would allow a teacher to suspend a pupil for up to one day; require the adoption of a Statewide school safety information policy; and provide for the creation of strict discipline academies.
Proposed MCL 380.1311a - Legislative Analyst: S. Lowe
FISCAL IMPACT
The bill would have no fiscal impact on State government. A local district could incur costs associated with appointing a committee to review reinstatement petitions. Often, these types of panels are paid per diem stipends each time they convene. Estimates of costs are indeterminate, due to varying existing processes and an unpredictable number of instances.
The Department of Education would likely incur the cost of 1.0 FTE dedicated solely to compiling and distributing information on alternative education programs, and for providing technical assistance to entities interested in developing alternative education programs. An estimate of the cost of the employee and services would be $80,000.
Date Completed: 5-11-99 - Fiscal Analyst: K. Summers-Coty
floor\sb206 - Analysis available @ http://www.michiganlegislature.org
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.