SB-0730, As Passed Senate, December 13, 2007

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 730

      A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending sections 4, 6, 504, 605, 701, 859, 861, 1296, 1311,

1311g, 1321, 1701, 1701a, 1711, 1723, 1724, 1751, 1752, 1756,

1757, and 1761 (MCL 380.4, 380.6, 380.504, 380.605, 380.701,

380.859, 380.861, 380.1296, 380.1311, 380.1311g, 380.1321,

380.1701, 380.1701a, 380.1711, 380.1723, 380.1724, 380.1751,

380.1752, 380.1756, 380.1757, and 380.1761), section 4 as amended

by 2005 PA 61, sections 6, 701, 859, 861, and 1724 as amended by

2003 PA 299, sections 504 and 1701a as amended by 1994 PA 416,

section 605 as amended by 1985 PA 86, section 1311 as amended by

2007 PA 138, section 1311g as amended by 2007 PA 21, section 1321

as amended by 1990 PA 163, section 1723 as amended by 2004 PA

415, and section 1752 as added by 2006 PA 186, and by adding

section 504c; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1        Sec. 4. (1) "Educational media center" means a program

 2  operated by an intermediate school district and approved by the

 3  state board that provides services to local school districts or

 4  constituent districts under section 671.

 5        (2) "Handicapped person" shall be defined by rules

 6  promulgated by the state board. Handicaps include, but are not

 7  limited to, mental, physical, emotional, behavioral, sensory, and

 8  speech handicaps.

 9  (2) (3) "Intermediate school board" means the board of an

10  intermediate school district.

11  (3) (4) "Intermediate school district" means a corporate

12  body established under part 7.

13  (4) (5) "Intermediate school district election" means an

14  election called by an intermediate school board and held on the

15  date of the regular school elections of constituent districts or

16  on a date determined by the intermediate school board under

17  section 642 or 642a of the Michigan election law, MCL 168.642 and

18  168.642a the Michigan election law.

19  (5) (6) "Intermediate school elector" means a person who is

20  a school elector of a constituent district and who is registered

21  in the city or township in which the person resides.

22  (6) (7) "Intermediate superintendent" means the

23  superintendent of an intermediate school district.

24        Sec. 6. (1) "School district" or "local school district"

25  means a general powers school district organized under this act,

26  regardless of previous classification, or a school district of

 1  the first class.

 2        (2) "School district filing official" means the school

 3  district election coordinator as defined in section 4 of the

 4  Michigan election law, MCL 168.4, or an authorized agent of the

 5  school district election coordinator.

 6        (3) "School elector" means a person qualified as an elector

 7  under section 492 of the Michigan election law, MCL 168.492, and

 8  resident of the school district , local act school district, or

 9  intermediate school district on or before the thirtieth day

10  before the next ensuing regular or special school election.

11        (4) "School month" means a 4-week period of 5 days each

12  unless otherwise specified in the teacher's contract.

13        (5) "Special education building and equipment" means a

14  structure or portion of a structure or personal property

15  accepted, leased, purchased, or otherwise acquired, prepared, or

16  used for special education programs and services.

17        (6) "Special education personnel" means persons engaged in

18  and having professional responsibility for the training, care,

19  and education of handicapped persons students with a disability

20  in special education programs and services including, but not

21  limited to, teachers, aides, school social workers, diagnostic

22  personnel, physical therapists, occupational therapists,

23  audiologists, teachers of speech and language, instructional

24  media-curriculum specialists, mobility specialists, teacher

25  consultants, supervisors, and directors.

26        (7) "Special education programs and services" means

27  educational and training services designed for handicappers

 1  students with a disability and operated by local school

 2  districts, local act school districts, intermediate school

 3  districts, the Michigan school schools for the deaf and blind,

 4  the department of community health, the family independence

 5  agency department of human services, or a combination of these,

 6  and ancillary professional services for handicappers students

 7  with a disability rendered by agencies approved by the state

 8  board. The programs shall include vocational training, but need

 9  not include academic programs of college or university level.

10        (8) "Special school election" or "special election" means a

11  school district election to fill a vacancy on the school board or

12  submit a ballot question to the school electors that is held on a

13  regular election date established under section 641 of the

14  Michigan election law, MCL 168.641.

15        (9) "State approved nonpublic school" means a nonpublic

16  school that complies with 1921 PA 302, MCL 388.551 to 388.558.

17        (10) "State board" means the state board of education unless

18  clearly otherwise stated.

19        (11) "Student with a disability" means that term as defined

20  in R 340.1702 of the Michigan administrative code.

21  (12) (11) "Department" means the department of education

22  created and operating under sections 300 to 305 of the executive

23  organization act of 1965, 1965 PA 380, MCL 16.400 to 16.405.

24  (13) (12) "State school aid" means allotments from the

25  general appropriating act for the purpose of aiding in the

26  support of the public schools of the state.

27  (14) (13) "The state school aid act of 1979" means the state

 1  school aid act of 1979, 1979 PA 94, MCL 388.1601 to 388.1772.

 2        Sec. 504. (1) A public school academy may be located in all

 3  or part of an existing public school building. A public school

 4  academy shall not operate at a site other than the single site

 5  requested for the configuration of grades that will use the site,

 6  as specified in the application required under section 502 and in

 7  the contract.

 8        (2) A public school academy shall not charge tuition and

 9  shall not discriminate in its pupil admissions policies or

10  practices on the basis of intellectual or athletic ability,

11  measures of achievement or aptitude, status as a handicapped

12  person student with a disability, or any other basis that would

13  be illegal if used by a school district. However, a public school

14  academy may limit admission to pupils who are within a particular

15  range of age or grade level or on any other basis that would be

16  legal if used by a school district.

17        (3) Except for a foreign exchange student who is not a

18  United States citizen, a public school academy shall not enroll a

19  pupil who is not a resident of this state. Enrollment in the

20  public school academy may be open to all individuals who reside

21  in this state who meet the admission policy and shall be open to

22  all pupils who reside within the geographic boundaries, if any,

23  of the authorizing body as described in section 502(2)(a) to (c)

24  who meet the admission policy, except that admission to a public

25  school academy authorized by the board of a community college to

26  operate, or operated by the board of a community college, on the

27  grounds of a federal military installation, as described in

 1  section 502(2)(c), shall be open to all pupils who reside in the

 2  county in which the federal military installation is located. For

 3  a public school academy authorized by a state public university,

 4  enrollment shall be open to all pupils who reside in this state

 5  who meet the admission policy. If there are more applications to

 6  enroll in the public school academy than there are spaces

 7  available, pupils shall be selected to attend using a random

 8  selection process. However, a public school academy may give

 9  enrollment priority to a sibling of a pupil enrolled in the

10  public school academy. A public school academy shall allow any

11  pupil who was enrolled in the public school academy in the

12  immediately preceding school year to enroll in the public school

13  academy in the appropriate grade unless the appropriate grade is

14  not offered at that public school academy.

15        (4) A public school academy may include any grade up to

16  grade 12 or any configuration of those grades, including

17  kindergarten and early childhood education, as specified in its

18  contract. If specified in its contract, a public school academy

19  may also operate an adult basic education program, adult high

20  school completion program, or general education development

21  testing preparation program. The authorizing body may approve

22  amendment of a contract with respect to ages of pupils or grades

23  offered.

24  Sec. 504c. With the approval of its authorizing body, a

25  public school academy may transfer its enrolled pupils to another

26  public school. A public school academy that transfers its pupils

27  under this section may also transfer its property, including, but

 1  not limited to, property described in section 18b of the state

 2  school aid act of 1979, MCL 388.1618b, to the other public school

 3  that receives the transferred pupils. If a public school academy

 4  transfers its pupils to another public school under this section,

 5  all of the following apply:

 6        (a) The other public school may give enrollment priority to

 7  these pupils, in addition to any other enrollment priority it may

 8  give under this act.

 9        (b) A pupil who is transferred is not required to actually

10  enroll in the other school, but may exercise any educational

11  choice allowed under law.

12        Sec. 605. (1) If constituent districts of more than 1

13  intermediate school district are reorganized into a single school

14  district, the reorganized school district shall be constituent to

15  the intermediate school district designated by the board of the

16  reorganized school district. If a decision is not reached within

17  30 days after the effective date of the reorganization of the

18  constituent districts, the determination shall be made by the

19  state board superintendent of public instruction.

20        (2) A constituent district, by resolution of its board, may

21  transfer and become constituent to another contiguous

22  intermediate school district if approval is given by each

23  intermediate school board affected. The intermediate school board

24  shall take final action within 60 days after receiving a

25  resolution. If an intermediate school district from which a

26  constituent district wishes to transfer has fewer than 4,000

27  constituent district pupils and fails to take action or denies a

 1  transfer, the inaction or decision may be appealed to the state

 2  board superintendent of public instruction using the procedures

 3  described in section 971. of this act. If the intermediate school

 4  district to which transfer is proposed has adopted by referendum

 5  a program for financing special education programs for

 6  handicapped persons students with a disability, or has bonded

 7  indebtedness outstanding for special education building

 8  facilities, the registered school electors of the constituent

 9  district to be transferred shall vote on the acceptance of those

10  sections and the assumption of the district's pro rata share of

11  bonded indebtedness outstanding for special education facilities

12  for handicapped persons students with a disability.

13        (3) If the intermediate school district to which transfer is

14  proposed has established an area vocational-technical education

15  program by referendum, or has bonded indebtedness outstanding for

16  area vocational-technical education facilities, the registered

17  school electors of the district to be transferred shall vote on

18  the acceptance of those sections and the assumption of the

19  district's pro rata share of bonded indebtedness outstanding for

20  area vocational-technical education facilities.

21        (4) The transfer is effective only if the applicable issues

22  relating to special education programs, area vocational-technical

23  education programs, and bonded indebtedness for special education

24  and area vocational-technical facilities are approved at an

25  election in the constituent district proposing transfer at which

26  all applicable issues are submitted and receive favorable

27  majorities.

 1        (5) The territory of a constituent district of an

 2  intermediate school district having bonded indebtedness for

 3  special education facilities or area vocational-technical

 4  education facilities which that is transferred to another

 5  intermediate school district shall remain as a part of the

 6  intermediate school district from which transferred for the

 7  purpose of levying debt retirement taxes for the bonded

 8  indebtedness until the bonds are redeemed or sufficient funds are

 9  available in the debt retirement funds for that purpose. The

10  transferred constituent district shall be a constituent district

11  of the intermediate school district to which transferred for all

12  other purposes.

13        Sec. 701. (1) Two or more adjoining intermediate school

14  districts may combine to form a single intermediate school

15  district when the reorganization is approved by a majority of the

16  school electors of each intermediate school district voting on

17  the question in the regular school elections of the constituent

18  districts.

19        (2) The question of combining intermediate school districts

20  may be submitted by a resolution of the intermediate school

21  boards meeting in joint session.

22        (3) The question shall be submitted if petitions signed by a

23  number of school electors of each intermediate school district

24  equal to not less than 5% of the number of pupil memberships on

25  the latest pupil membership count day of the combined constituent

26  districts of the intermediate school district are filed with the

27  school district filing official. Within 30 days after receiving

 1  sufficient petitions, the school district filing official shall

 2  notify the secretary of the intermediate school district and the

 3  secretary shall apply for approval to the superintendent of

 4  public instruction. The school district filing official shall

 5  submit the question in accordance with section 661 at the next

 6  regular school election after the superintendent of public

 7  instruction approves the merger.

 8        (4) The ballots for a ballot question under this section

 9  shall be in substantially the following form:

10        "Shall the following intermediate school districts be

11  organized as a single intermediate school district?

12        (List names of intermediate school districts)

13        Yes ( )

14        No ( )".

15        (5) If the consolidation is approved by a majority of the

16  school electors voting on the question in each of the

17  participating intermediate school districts, the reorganization

18  is effective in the combined intermediate school districts 30

19  days after the regular school election at which the question is

20  submitted. The reorganized intermediate school district is a

21  single intermediate school district subject to this part.

22        (6) The members of the intermediate school boards of the

23  original intermediate school districts shall act as an interim

24  board until a board of the combined intermediate school district

25  is elected. The interim board has all the powers and duties of an

26  intermediate school board under this part. The person chosen by

27  the interim intermediate school board as intermediate

 1  superintendent shall serve only until a successor is chosen by

 2  the elected intermediate school board. The secretary of the

 3  intermediate school board having the largest number of pupils in

 4  membership in its combined constituent districts at the time of

 5  reorganization shall call a meeting of the members of the interim

 6  intermediate school board for the purpose of organization within

 7  15 days after the effective date of the reorganization. The

 8  school district filing official shall provide for the election of

 9  a board of the reorganized intermediate school district under

10  chapter XIV of the Michigan election law, MCL 168.301 to 168.315

11  168.316. At the first election, there shall be elected 3 members

12  of a board for 6 years, 2 for 4 years, and 2 for 2 years. Their

13  successors shall be elected biennially for terms of 6 years.

14        (7) The reorganized intermediate school district shall

15  operate as a single intermediate school district from the

16  effective date of the reorganization. Within 10 days after the

17  reorganization, all accounts of the reorganized intermediate

18  school districts shall be audited in the manner established by

19  the interim intermediate school board. The contracts of the

20  intermediate superintendents in force on the effective date of

21  reorganization continue in effect until the time of their

22  termination except as to position as intermediate

23  superintendents.

24        (8) If, before reorganization of the intermediate school

25  districts each of the combining intermediate school districts

26  adopted special education programs by referendum as provided in

27  part 30 and approved the same annual property tax rates for the

 1  education of handicapped persons students with a disability, the

 2  special education programs and the annual property tax rates

 3  shall continue in effect in the reorganized intermediate school

 4  district.

 5        Sec. 859. (1) The ballot question shall be in substantially

 6  the following form:

 7        "Shall the territory of the following school districts be

 8  united to form 1 school district?

 9        (Names of school districts to be consolidated listed here)

10        Yes ( )

11        No ( )".

12        (2) The affirmative vote of a majority of the school

13  electors voting on the question in each of the election units is

14  necessary to effect the consolidation of the school districts.

15  The consolidation is effective as of the date of the official

16  canvass takes effect July 1 after the election.

17        (3) If the consolidation becomes effective, expenses

18  incurred for the election in each election unit shall be

19  certified to the board of the consolidated school district. The

20  school board of the consolidated school district shall pay

21  election reimbursements from the funds of the consolidated school

22  district. If the proposition to consolidate is not approved, the

23  intermediate school board shall determine the expenses of the

24  election held in the election unit operating less than 12 grades

25  and apportion the required reimbursements equally among the

26  school districts of the election unit. Each school board of the

27  election unit shall pay the apportionment to the local unit of

 1  government that conducted the election.

 2        Sec. 861. Within 10 days after the date of the official

 3  canvass of the consolidation election, the intermediate school

 4  board of the intermediate school district containing the

 5  territory of the consolidated school district shall appoint

 6  school electors of the school district in the number required by

 7  the classification of the school district section 11a to act as a

 8  board for the school district. This board shall continue to

 9  operate the affected school districts as separate school

10  districts until the effective date of the consolidation. If a

11  consolidated school district includes territory in more than 1

12  intermediate school district, the appointment shall be made by

13  the intermediate school board of each intermediate school

14  district acting jointly as a single board. Within 7 days after

15  appointment, each member shall file with the intermediate

16  superintendent an acceptance of the office, accompanied by a

17  written affidavit setting forth the fact of eligibility for

18  office. Each appointed board member shall hold office until

19  January 1, or, if the consolidated school district's regular

20  election is in May, until July 1, next following appointment. A

21  new board shall be elected at the first regular school election

22  held after the effective date of consolidation in the manner

23  prescribed by law for the election of a first board.

24        Sec. 1296. The board of a school district that provides

25  auxiliary services specified in this section to its resident

26  pupils in the elementary and secondary grades shall provide the

27  same auxiliary services on an equal basis to pupils in the

 1  elementary and secondary grades at nonpublic schools. The board

 2  may use state school aid to pay for the auxiliary services. The

 3  auxiliary services shall include health and nursing services and

 4  examinations; street crossing guards services; national defense

 5  education act testing services; teacher of speech and language

 6  services; school social work services; school psychological

 7  services; teacher consultant services for handicapped pupils

 8  students with a disability and other ancillary services for the

 9  handicapped students with a disability; remedial reading; and

10  other services determined by the legislature. Auxiliary services

11  shall be provided under rules promulgated by the state board

12  superintendent of public instruction.

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

14  or the school district superintendent, a school building

15  principal, or another school district official if designated by

16  the school board, may authorize or order the suspension or

17  expulsion from school of a pupil guilty of gross misdemeanor or

18  persistent disobedience if, in the judgment of the school board

19  or its designee, as applicable, the interest of the school is

20  served by the authorization or order. If there is reasonable

21  cause to believe that the pupil is eligible for special education

22  programs and services a student with a disability, and the school

23  district has not evaluated the pupil in accordance with rules of

24  the state board superintendent of public instruction to determine

25  if the student is eligible for special education programs and

26  services pupil is a student with a disability, the pupil shall be

27  evaluated immediately by the intermediate school district of

 1  which the school district is constituent in accordance with

 2  section 1711.

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

 4  weapon that constitutes a dangerous weapon, commits arson in a

 5  school building or on school grounds, or commits criminal sexual

 6  conduct in a school building or on school grounds, the school

 7  board, or the designee of the school board as described in

 8  subsection (1) on behalf of the school board, shall expel the

 9  pupil from the school district permanently, subject to possible

10  reinstatement under subsection (5). However, a school board is

11  not required to expel a pupil for possessing a weapon if the

12  pupil establishes in a clear and convincing manner at least 1 of

13  the following:

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

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

16  indirect delivery to another person for use as a weapon.

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

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

19  object or instrument possessed by the pupil constituted a

20  dangerous weapon.

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

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

23  school or police authorities.

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

25  the expelling school district shall enter on the individual's

26  permanent record that he or she has been expelled pursuant to

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

 1  participates cooperatively in an alternative education program

 2  appropriate for individuals expelled pursuant to subsection (2)

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

 4  except for a strict discipline academy established under sections

 5  1311b to 1311l, an individual expelled pursuant to subsection (2)

 6  is expelled from all public schools in this state and the

 7  officials of a school district shall not allow the individual to

 8  enroll in the school district unless the individual has been

 9  reinstated under subsection (5). Except as otherwise provided by

10  law, a program operated for individuals expelled pursuant to

11  subsection (2) shall ensure that those individuals are physically

12  separated at all times during the school day from the general

13  pupil population. If an individual expelled from a school

14  district pursuant to subsection (2) is not placed in an

15  alternative education program or strict discipline academy, the

16  school district may provide, or may arrange for the intermediate

17  school district to provide, appropriate instructional services to

18  the individual at home. The type of services provided shall meet

19  the requirements of section 6(4)(u) of the state school aid act

20  of 1979, MCL 388.1606, and the services may be contracted for in

21  the same manner as services for homebound pupils under section

22  109 of the state school aid act of 1979, MCL 388.1709. This

23  subsection does not require a school district to expend more

24  money for providing services for a pupil expelled pursuant to

25  subsection (2) than the amount of the foundation allowance the

26  school district receives for the pupil as calculated under

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

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

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

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

 4  the individual to the appropriate county department of social

 5  services or county community mental health agency and notifies

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

 7  is at least age 18 or is an emancipated minor, notifies the

 8  individual of the referral.

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

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

11  18 or is an emancipated minor, the individual may petition the

12  expelling school board for reinstatement of the individual to

13  public education in the school district. If the expelling school

14  board denies a petition for reinstatement, the parent or legal

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

16  emancipated minor, the individual may petition another school

17  board for reinstatement of the individual in that other school

18  district. All of the following apply to reinstatement under this

19  subsection:

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

21  at the time of the expulsion and who has been expelled for

22  possessing a firearm or threatening another person with a

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

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

25  individual may initiate a petition for reinstatement at any time

26  after the expiration of 60 school days after the date of

27  expulsion. For an individual who was enrolled in grade 5 or below

 1  at the time of the expulsion and who has been expelled pursuant

 2  to subsection (2) for a reason other than possessing a firearm or

 3  threatening another person with a dangerous weapon, the parent or

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

 5  emancipated minor, the individual may initiate a petition for

 6  reinstatement at any time. For an individual who was in grade 6

 7  or above at the time of expulsion, the parent or legal guardian

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

 9  minor, the individual may initiate a petition for reinstatement

10  at any time after the expiration of 150 school days after the

11  date of expulsion.

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

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

14  or threatening another person with a dangerous weapon shall not

15  be reinstated before the expiration of 90 school days after the

16  date of expulsion. An individual who was in grade 5 or below at

17  the time of the expulsion and who has been expelled pursuant to

18  subsection (2) for a reason other than possessing a firearm or

19  threatening another person with a dangerous weapon shall not be

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

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

22  the time of the expulsion shall not be reinstated before the

23  expiration of 180 school days after the date of expulsion.

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

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

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

27  school board is not required to provide any assistance in

 1  preparing the petition. Upon request by a parent or legal

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

 3  emancipated minor, by the individual, a school board shall make

 4  available a form for a petition.

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

 6  for reinstatement under this subsection, a school board shall

 7  appoint a committee to review the petition and any supporting

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

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

10  individual. The committee shall consist of 2 school board

11  members, 1 school administrator, 1 teacher, and 1 parent of a

12  pupil in the school district. During this time the superintendent

13  of the school district may prepare and submit for consideration

14  by the committee information concerning the circumstances of the

15  expulsion and any factors mitigating for or against

16  reinstatement.

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

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

19  review the petition and any supporting information and

20  information provided by the school district and shall submit a

21  recommendation to the school board on the issue of reinstatement.

22  The recommendation shall be for unconditional reinstatement, for

23  conditional reinstatement, or against reinstatement, and shall be

24  accompanied by an explanation of the reasons for the

25  recommendation and of any recommended conditions for

26  reinstatement. The recommendation shall be based on consideration

27  of all of the following factors:

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

 2  create a risk of harm to pupils or school personnel.

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

 4  would create a risk of school district liability or individual

 5  liability for the school board or school district personnel.

 6        (iii) The age and maturity of the individual.

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

 8  caused the expulsion.

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

10  caused the expulsion.

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

12  prospects for remediation of the individual.

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

14  guardian, the degree of cooperation and support that has been

15  provided by the parent or legal guardian and that can be expected

16  if the individual is reinstated, including, but not limited to,

17  receptiveness toward possible conditions placed on the

18  reinstatement.

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

20  meeting after receiving the recommendation of the committee under

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

22  unconditionally reinstate the individual, conditionally reinstate

23  the individual, or deny reinstatement of the individual. The

24  decision of the school board is final.

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

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

27  parent or legal guardian to agree in writing to specific

 1  conditions before reinstating the individual in a conditional

 2  reinstatement. The conditions may include, but are not limited

 3  to, agreement to a behavior contract, which may involve the

 4  individual, parent or legal guardian, and an outside agency;

 5  participation in or completion of an anger management program or

 6  other appropriate counseling; periodic progress reviews; and

 7  specified immediate consequences for failure to abide by a

 8  condition. A parent or legal guardian or, if the individual is at

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

10  include proposed conditions in a petition for reinstatement

11  submitted under this subsection.

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

13  with subsection (2) is not liable for damages for expelling a

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

15  public school academy is not liable for damages for expulsion of

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

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

18  school districts a form for a petition for reinstatement to be

19  used under subsection (5).

20        (8) This section does not diminish any rights under federal

21  law of a pupil who has been determined to be eligible for special

22  education programs and services.

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

24  pursuant to subsection (2) is enrolled by a public school

25  district sponsored alternative education program or a public

26  school academy during the period of expulsion, the public school

27  academy or alternative education program shall immediately become

 1  eligible for the prorated share of either the public school

 2  academy or operating school district's foundation allowance or

 3  the expelling school district's foundation allowance, whichever

 4  is higher.

 5        (10) If an individual is expelled pursuant to subsection

 6  (2), it is the responsibility of that individual and of his or

 7  her parent or legal guardian to locate a suitable alternative

 8  educational program and to enroll the individual in such a

 9  program during the expulsion. The office of safe schools in the

10  department shall compile information on and catalog existing

11  alternative education programs or schools and nonpublic schools

12  that may be open to enrollment of individuals expelled pursuant

13  to subsection (2) and pursuant to section 1311a, and shall

14  periodically distribute this information to school districts for

15  distribution to expelled individuals. A school board that

16  establishes an alternative education program or school described

17  in this subsection shall notify the office of safe schools about

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

19  office of safe schools also shall work with and provide technical

20  assistance to school districts, authorizing bodies for public

21  school academies, and other interested parties in developing

22  these types of alternative education programs or schools in

23  geographic areas that are not being served.

24        (11) As used in this section:

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

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

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

 1  520b, 520c, 520d, 520e, or 520g of the Michigan penal code, 1931

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

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

 4  1313.

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

 6  title 18 of the United States Code, 18 USC 921.

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

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

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

10  school district, an intermediate school district, or a public

11  school academy.

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

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

14  750.237a.

15        Sec. 1311g. (1) A strict discipline academy may be located

16  in all or part of an existing public school building. Except for

17  a strict discipline academy that includes pupils who are the

18  responsibility of a county juvenile agency, a strict discipline

19  academy shall not operate at a site other than the single site

20  requested for the configuration of grades that will use the site,

21  as specified in the application required under section 1311d and

22  in the contract.

23        (2) A strict discipline academy shall not charge tuition.

24  Except as otherwise provided in subsection (5), a strict

25  discipline academy shall not discriminate in its pupil admissions

26  policies or practices on the basis of intellectual or athletic

27  ability, measures of achievement or aptitude, status as a

 1  handicapped person student with a disability, or any other basis

 2  that would be illegal if used by a school district. However, a

 3  strict discipline academy may limit admission to pupils who are

 4  within a particular range of age or grade level or on any other

 5  basis that would be legal if used by a school district.

 6        (3) A strict discipline academy shall be established under

 7  sections 1311b to 1311l specifically for enrolling 1 or more of

 8  the following types of pupils:

 9        (a) Pupils placed in the strict discipline academy by a

10  court or by the department of human services or a county juvenile

11  agency under the direction of a court.

12        (b) Pupils who have been expelled under section 1311(2).

13        (c) Pupils who have been expelled under section 1311a or

14  another provision of this act.

15        (d) Other pupils who have been expelled from school, or

16  pupils who have been suspended from school for a suspension that

17  is for a period in excess of 10 school days, and who are referred

18  to the strict discipline academy by that pupil's school and

19  placed in the strict discipline academy by the pupil's parent or

20  legal guardian. However, a suspended pupil shall be allowed to

21  attend the strict discipline academy only for the duration of the

22  suspension.

23        (4) In addition to the types of pupils specified in

24  subsection (3), a strict discipline public school academy shall

25  be open for enrollment of a special education pupil who does not

26  meet the requirements of subsection (3) if the special education

27  pupil's individualized education program team recommends that the

 1  special education pupil be placed in the strict discipline public

 2  school academy. As used in this subsection, "individualized

 3  education program team" means that term as defined in section 614

 4  of part B of title VI of the individuals with disabilities

 5  education act, 20 USC 1414.

 6        (5) A strict discipline academy shall enroll only 1 or more

 7  of the types of pupils described in subsection (3) or (4). A

 8  strict discipline academy is not required to keep any group of

 9  pupils described in subsection (3) or (4) physically separated

10  from another group of those pupils, as might otherwise be

11  required under section 1311, section 1311a, or another provision

12  of this act.

13        (6) Strict discipline academies are not intended to enroll

14  or otherwise be used to educate individuals who are committed to

15  a high-security or medium-security juvenile facility operated by

16  the department of human services or another state department or

17  agency. Further, if the department of corrections or another

18  state department or agency other than the department of human

19  services has custody of or jurisdiction over a child, that state

20  department or agency has the financial responsibility for

21  educating the child.

22        (7) Except for a foreign exchange student who is not a

23  United States citizen, a strict discipline academy shall not

24  enroll a pupil who is not a resident of this state. Enrollment in

25  the strict discipline academy may be open to all individuals who

26  reside in this state who meet the admission policy under

27  subsections (3) and (4) and shall be open to all pupils who

 1  reside within the geographic boundaries, if any, of the

 2  authorizing body as described in section 1311d who meet the

 3  admission policy under subsections (3) and (4), except that

 4  admission to a strict discipline academy authorized by the board

 5  of a community college to operate, or operated by the board of a

 6  community college, on the grounds of a federal military

 7  installation, as described in section 1311d, shall be open to all

 8  pupils who reside in the county in which the federal military

 9  installation is located who meet the admission policy under

10  subsections (3) and (4). For a strict discipline academy

11  authorized by a state public university, enrollment shall be open

12  to all pupils who reside in this state who meet the admission

13  policy under subsections (3) and (4). If there are more

14  applications to enroll in the strict discipline academy than

15  there are spaces available, pupils shall be selected to attend

16  using a random selection process. However, a strict discipline

17  academy may give enrollment priority to a sibling of a pupil

18  enrolled in the strict discipline academy. Except for a suspended

19  pupil who is attending the strict discipline academy for the

20  duration of the suspension, a strict discipline academy shall

21  allow any pupil who was enrolled in the strict discipline academy

22  in the immediately preceding school year to enroll in the strict

23  discipline academy in the appropriate grade unless the

24  appropriate grade is not offered at that strict discipline

25  academy.

26        (8) A strict discipline academy may include any grade up to

27  grade 12 or any configuration of those grades, including

 1  kindergarten and early childhood education, as specified in its

 2  contract. The authorizing body may approve amendment of a

 3  contract with respect to ages of pupils or grades offered.

 4        Sec. 1321. (1) Subject to the balance of this section, the

 5  board of a school district providing transportation for its

 6  resident pupils, other than handicapped pupils students with a

 7  disability transported under article 3 or other pupils who cannot

 8  safely walk to school, shall provide transportation for each

 9  resident public or nonpublic school pupil if all of the following

10  requirements are met:

11        (a) The school district provides transportation for the

12  elementary school level, middle or junior high school level, or

13  high school level, as defined by the local school board, in which

14  the pupil is enrolled.

15        (b) The pupil is a person for whom the school district is

16  eligible to receive state school aid for transportation.

17        (c) The pupil is attending either the public or the nearest

18  state approved nonpublic school in the school district to which

19  the pupil is eligible to be admitted.

20        (2) Transportation provided under subsection (1) shall be

21  without charge to the resident pupil, the parent, guardian, or

22  person standing in loco parentis to the pupil.

23        (3) A school district is not required to transport or pay

24  for transportation of a resident pupil living within 1-1/2 miles,

25  by the nearest traveled route, to the public or state approved

26  nonpublic school in which the pupil is enrolled. A school

27  district is not required to transport or pay for the

 1  transportation of a resident pupil attending a nonpublic school

 2  who lives in an area less than 1-1/2 miles from a public school

 3  in which public school pupils are not transported, except that

 4  the school district is required to transport or pay for the

 5  transportation of the resident pupil from the public school

 6  within the area to the nonpublic school the pupil attends.

 7        (4) A school district is not required to transport or pay

 8  for the transportation of resident pupils to state approved

 9  nonpublic schools located outside the district unless the school

10  district transports some of its resident pupils, other than

11  handicapped pupils students with a disability under article 3, to

12  public schools located outside the district, in which case the

13  school district shall transport or pay for the transportation of

14  resident pupils attending a state approved nonpublic school at

15  least to the distance of the public schools located outside the

16  district to which the district transports resident pupils and in

17  the same general direction.

18        Sec. 1701. The state board superintendent of public

19  instruction shall do all of the following:

20        (a) Develop, establish, and continually evaluate and modify

21  in cooperation with intermediate school boards, a state plan for

22  special education which shall provide for the delivery of special

23  education programs and services designed to develop the maximum

24  potential of every handicapped person. The plan shall coordinate

25  all special education programs and services.

26  (a) (b) Require each intermediate school board to submit a

27  plan pursuant to section 1711, in accordance with the state plan

 1  special education rules, to be approved by the state board

 2  superintendent of public instruction.

 3  (b) (c) Promulgate rules setting forth the requirements of

 4  the plans and procedures for submitting them.

 5        Sec. 1701a. For the purposes of ensuring that a handicapped

 6  person student with a disability enrolled in a public school

 7  academy created under part 6a or 6b is provided with special

 8  education programs and services, the public school academy is

 9  considered to be a local school district under this article.

10        Sec. 1711. (1) The intermediate school board shall do all of

11  the following:

12        (a) Develop, establish, and continually evaluate and modify

13  in cooperation with its constituent districts, a plan for special

14  education which shall provide that provides for the delivery of

15  special education programs and services designed to develop the

16  maximum potential of each handicapped person student with a

17  disability of whom the intermediate school board is required to

18  maintain a record under subdivision (f). The plan shall

19  coordinate the special education programs and services operated

20  or contracted for by the constituent districts and shall be

21  submitted to the state board superintendent of public instruction

22  for its approval.

23        (b) Contract for the delivery of a special education program

24  or service, in accordance with the intermediate school district

25  plan in compliance with section 1701. Under the contract the

26  intermediate school board may operate special education programs

27  or services and furnish transportation services and room and

 1  board.

 2        (c) Employ or engage special education personnel in

 3  accordance with the intermediate school district plan, and

 4  appoint a director of special education meeting the

 5  qualifications and requirements of the rules promulgated by the

 6  state board superintendent of public instruction.

 7        (d) Accept and use available funds or contributions from

 8  governmental or private sources for the purpose of providing

 9  special education programs and services consistent with this

10  article.

11        (e) Lease, purchase, or otherwise acquire vehicles, sites,

12  buildings, or portions thereof, and equip them for its special

13  education staff, programs, and services.

14        (f) Maintain a record of each handicapped person student

15  with a disability under 26 years of age, who is a resident of 1

16  of its constituent districts and who has not completed a normal

17  course of study and graduated from high school, and the special

18  education programs or services in which the handicapped person

19  student with a disability is participating on the fourth Friday

20  after Labor day and Friday before Memorial day. The sole basis

21  for determining the local school district in which a handicapped

22  person student with a disability is a resident shall be the rules

23  promulgated by the state board superintendent of public

24  instruction notwithstanding the provisions of section 1148. The

25  records shall be maintained in accordance with rules promulgated

26  by the state board superintendent of public instruction.

27        (g) Have the authority to place in appropriate special

 1  education programs or services a handicapped person student with

 2  a disability for whom a constituent district is required to

 3  provide special education programs or services under section

 4  1751.

 5        (h) Investigate special education programs and services

 6  operated or contracted for by the intermediate school board or

 7  constituent district boards and report in writing failures to

 8  comply with the provisions of a contract, statute, or rule

 9  governing the special education programs and services or with the

10  intermediate school district plan, to the local school district

11  board and to the state board superintendent of public

12  instruction.

13        (i) Operate the special education programs or services or

14  contract for the delivery of special education programs or

15  services by local school district boards, in accordance with

16  section 1702, as if a local school district under section 1751.

17  The contract shall provide for items stated in section 1751 and

18  shall be approved by the state board superintendent of public

19  instruction. The intermediate school board shall contract for the

20  transportation, or room and board, or both, or persons

21  participating in the program or service as if a local school

22  district board under sections 1756 and 1757.

23        (j) Receive the report of a parent or guardian or, with the

24  consent of a parent or guardian, receive the report of a licensed

25  physician, registered nurse, social worker, or school or other

26  appropriate professional personnel whose training and

27  relationship to handicapped persons students with a disability

 1  provide competence to judge same them and who in good faith

 2  believes that a person under 26 years of age examined by the

 3  professional is or may be handicapped a student with a

 4  disability, and immediately evaluate the person pursuant to rules

 5  promulgated by the state board superintendent of public

 6  instruction. A person making or filing this report or a local

 7  school district board shall not incur liability to a person by

 8  reason of filing the report or seeking the evaluation, unless

 9  lack of good faith is proven.

10        (k) Evaluate pupils in accordance with section 1311.

11        (2) The intermediate school board may expend up to 10% of

12  the annual budget but not to exceed $12,500.00, for special

13  education programs approved by the intermediate school board

14  without having to secure the approval of the state board

15  superintendent of public instruction.

16        Sec. 1723. The ballot submitting the question of the

17  adoption of sections 1722 to 1729 to the school electors of an

18  intermediate school district shall be substantially in the

19  following form:

20        "Shall the ____________ (legal name of the intermediate

21  school district), state of Michigan, come under sections 1722 to

22  1729 of the revised school code, which are designed to encourage

23  the education of handicapped persons students with a disability,

24  if the annual property tax levied for administration is limited

25  to _____ mills?

26        Yes (  )

27        No  (  )".

 1        Sec. 1724. Subject to section 1724a, an intermediate school

 2  board operating under sections 1722 to 1729 may direct that the

 3  question of increasing the millage limit on the annual property

 4  tax levied for special education be submitted to the school

 5  electors of the intermediate school district. The election shall

 6  be called and held in the manner provided in section 661. The

 7  ballot shall be substantially in the following form:

8	"Shall the ________________ mill limitation on the annual
9	property tax previously approved by the electors of the
10	_______________________________________________, state of
11	(legal name of the intermediate school district)
12	Michigan, for the education of handicapped persons students
13	with a disability be increased by ____________ mills?
14	Yes (  )
15	No  (  )".

16        Sec. 1751. (1) The board of a local school district shall

17  provide special education programs and services designed to

18  develop the maximum potential of each handicapped person student

19  with a disability in its district on record under section 1711

20  for whom an appropriate educational or training program can be

21  provided in accordance with the intermediate school district

22  special education plan, in either of the following ways or a

23  combination thereof:

24        (a) Operate the special education program or service.

25        (b) Contract with its intermediate school board, another

26  intermediate school board, another local school district board,

27  an adjacent school district board in a bordering state, the

 1  Michigan school schools for the blind, the Michigan school for

 2  the deaf and blind, the department of mental community health,

 3  the department of social human services, or any combination

 4  thereof, for delivery of the special education programs or

 5  services, or with an agency approved by the state board

 6  superintendent of public instruction for delivery of an ancillary

 7  professional special education service. The intermediate school

 8  district of which the local school district is constituent shall

 9  be a party to each contract even if the intermediate school

10  district does not participate in the delivery of the program or

11  services.

12        (2) A local school district contract for the provision of a

13  special education program or service shall provide specifically

14  for:

15        (a) Special education buildings, equipment, and personnel

16  necessary for the operation of the subject program or service.

17        (b) Transportation or room and board, or both, for persons

18  participating in the programs or services as required under

19  sections 1756 and 1757.

20        (c) The contribution to be made by the sending local school

21  district if the program or service is to be operated by another

22  party to the contract. The contribution shall be in accordance

23  with rules promulgated by the state board superintendent of

24  public instruction.

25        (d) Other matters which the parties deem consider

26  appropriate.

27        (3) Each program or service operated or contracted for by a

 1  local school district shall be in accordance with the

 2  intermediate school district's plan established pursuant to

 3  section 1711.

 4        (4) A local school district may provide additional special

 5  education programs and services not included in, or required by,

 6  the intermediate school district plan.

 7        (5) This section shall be construed to allow operation of

 8  programs by departments of state government without local school

 9  district contribution.

10        Sec. 1752. Beginning July 1, 2006, the board of a local

11  school district or other public agency responsible for providing

12  programs or services under this act to a child student with a

13  disability is responsible for 75% of the costs of providing a due

14  process hearing pursuant to R 340.1882 of the Michigan

15  administrative code.

16        Sec. 1756. The board of a local school district shall

17  provide by contract or agreement for the transportation of a

18  handicapped person student with a disability who would otherwise

19  be unable to participate in an appropriate special education

20  program or service operated or contracted for by the local school

21  district under section 1751, except for a handicapped person

22  student with a disability in residence at facilities operated by

23  the department of mental community health or the department of

24  social human services. The board of a school district may provide

25  for weekend transportation of a handicapped person student with a

26  disability in residence at the Michigan school schools for the

27  blind and the Michigan school for the deaf and blind.

 1        Sec. 1757. The board of a local school district shall

 2  provide by contract or otherwise for the room and board of a

 3  handicapped person student with a disability who would otherwise

 4  be unable to participate in an appropriate special education

 5  program or service operated or contracted for by the local school

 6  district board pursuant to section 1751, except those operated by

 7  the Michigan school schools for the blind, the Michigan school

 8  for the deaf and blind, the department of mental community

 9  health, or the department of social human services.

10        Sec. 1761. The board of a local school district shall not

11  solicit nor seek reimbursement from a handicapped person student

12  with a disability or another person otherwise liable for the care

13  of the handicapped person student with a disability for cost of a

14  special education program or service attributable to the expense

15  for room and board. The board of a local school district shall

16  have the right to reimbursement for room and board in an amount

17  which may be paid reasonably by the person in accordance with

18  rules promulgated by the state board superintendent of public

19  instruction.

20        Enacting section 1. Section 504c of the revised school code,

21  1976 PA 451, MCL 380.504c, as added by this amendatory act, is

22  repealed effective December 31, 2008.