SB-0730, As Passed Senate, October 23, 2007

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 730

 

 

 

 

 

 

 

 

 

 

 

 

      A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending sections 4, 6, 504, 524, 605, 701, 1296, 1311, 1311g,

 

1321, 1701, 1701a, 1711, 1723, 1724, 1751, 1752, 1756, 1757, and

 

1761 (MCL 380.4, 380.6, 380.504, 380.524, 380.605, 380.701,

 

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, and 1724 as amended by 2003 PA 299, sections 504

 

and 1701a as amended by 1994 PA 416, section 524 as added by 2003

 

PA 179, section 605 as amended by 1985 PA 86, section 1311 as

 

amended by 1999 PA 23, 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.

 

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.

 

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,

 


 1  regardless of previous classification, or a school district of

 

 2  the first class.

 

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

 

 4  district election coordinator as defined in section 4 of the

 

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

 

 6  school district election coordinator.

 

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

 

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

 

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

 

10  intermediate school district on or before the thirtieth day

 

11  before the next ensuing regular or special school election.

 

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

 

13  unless otherwise specified in the teacher's contract.

 

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

 

15  structure or portion of a structure or personal property

 

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

 

17  used for special education programs and services.

 

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

 

19  and having professional responsibility for the training, care,

 

20  and education of handicapped persons students with a disability

 

21  in special education programs and services including, but not

 

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

 

23  personnel, physical therapists, occupational therapists,

 

24  audiologists, teachers of speech and language, instructional

 

25  media-curriculum specialists, mobility specialists, teacher

 

26  consultants, supervisors, and directors.

 

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

 


 1  educational and training services designed for handicappers

 

 2  students with a disability and operated by local school

 

 3  districts, local act school districts, intermediate school

 

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

 

 5  the department of community health, the family independence

 

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

 

 7  and ancillary professional services for handicappers students

 

 8  with a disability rendered by agencies approved by the state

 

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

 

10  not include academic programs of college or university level.

 

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

 

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

 

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

 

14  regular election date established under section 641 of the

 

15  Michigan election law, MCL 168.641.

 

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

 

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

 

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

 

19  clearly otherwise stated.

 

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

 

21  in R 340.1702 of the Michigan administrative code.

 

22        (12) (11) "Department" means the department of education

 

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

 

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

 

25        (13) (12) "State school aid" means allotments from the

 

26  general appropriating act for the purpose of aiding in the

 

27  support of the public schools of the state.

 


 1        (14) (13) "The state school aid act of 1979" means the state

 

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

 

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

 

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

 

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

 

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

 

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

 

 8  the contract.

 

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

 

10  shall not discriminate in its pupil admissions policies or

 

11  practices on the basis of intellectual or athletic ability,

 

12  measures of achievement or aptitude, status as a handicapped

 

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

 

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

 

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

 

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

 

17  legal if used by a school district.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 


 1  grounds of a federal military installation, as described in

 

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

 

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

 

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

 

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

 

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

 

 7  enroll in the public school academy than there are spaces

 

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

 

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

 

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

 

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

 

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

 

13  immediately preceding school year to enroll in the public school

 

14  academy in the appropriate grade unless the appropriate grade is

 

15  not offered at that public school academy.

 

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

 

17  grade 12 or any configuration of those grades, including

 

18  kindergarten and early childhood education, as specified in its

 

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

 

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

 

21  school completion program, or general education development

 

22  testing preparation program. The authorizing body may approve

 

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

 

24  offered.

 

25        Sec. 524. (1) An urban high school academy may be located in

 

26  all or part of an existing public school building. Except as

 

27  otherwise provided in this subsection, an urban high school

 


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

 

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

 

 3  as specified in the contract. However, an authorizing body may

 

 4  include a provision in the contract allowing an urban high school

 

 5  academy to operate the same configuration of grades at more than

 

 6  1 site. If an urban high school academy operates the same

 

 7  configuration of grades at more than 1 site, each of those sites

 

 8  shall be considered to be operated under a separate contract, and

 

 9  the operation shall be equivalent to the issuance of a contract,

 

10  for the purposes of the limitation in section 522(2) on the

 

11  number of contracts that may be issued under this part. For the

 

12  purposes of this subsection, if an urban high school academy

 

13  operates classes at more than 1 location, the urban high school

 

14  academy shall be considered to be operating at a single site if

 

15  all of the locations are within a 1-mile radius of the urban high

 

16  school academy's central administrative office and if the total

 

17  number of pupils enrolled in any particular grade at all of the

 

18  locations does not exceed 125.

 

19        (2) An urban high school academy shall not charge tuition.

 

20  Except as otherwise provided in this section, an urban high

 

21  school academy shall not discriminate in its pupil admissions

 

22  policies or practices on the basis of intellectual or athletic

 

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

 

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

 

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

 

26  urban high school academy may limit admission to pupils who are

 

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

 


 1  basis that would be legal if used by a school district and may

 

 2  give enrollment priority as provided in subsection (4).

 

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

 

 4  United States citizen, an urban high school academy shall not

 

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

 

 6  an urban high school academy shall be open to all pupils who

 

 7  reside in this state who meet the admission policy. Subject to

 

 8  subsection (4), if there are more applications to enroll in the

 

 9  urban high school academy than there are spaces available, pupils

 

10  shall be selected to attend using a random selection process. An

 

11  urban high school academy shall allow any pupil who was enrolled

 

12  in the urban high school academy in the immediately preceding

 

13  school year to enroll in the urban high school academy in the

 

14  appropriate grade unless the appropriate grade is not offered at

 

15  that urban high school academy.

 

16        (4) An urban high school academy may give enrollment

 

17  priority to 1 or more of the following:

 

18        (a) A sibling of a pupil enrolled in the urban high school

 

19  academy.

 

20        (b) A child of a person who is employed by or at the urban

 

21  high school academy or who is on the board of directors of the

 

22  urban high school academy. As used in this subdivision, "child"

 

23  includes an adopted child or a legal ward.

 

24        (5) Subject to the terms of the contract authorizing the

 

25  urban high school academy, an urban high school academy shall

 

26  include at least grades 9 through 12 within 5 years after

 

27  beginning operations and may include other grades or any

 


 1  configuration of those grades, including kindergarten and early

 

 2  childhood education, as specified in its contract. If specified

 

 3  in its contract, an urban high school academy may also operate an

 

 4  adult basic education program, adult high school completion

 

 5  program, or general education development testing preparation

 

 6  program.

 

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

 

 8  intermediate school district are reorganized into a single school

 

 9  district, the reorganized school district shall be constituent to

 

10  the intermediate school district designated by the board of the

 

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

 

12  30 days after the effective date of the reorganization of the

 

13  constituent districts, the determination shall be made by the

 

14  state board superintendent of public instruction.

 

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

 

16  transfer and become constituent to another contiguous

 

17  intermediate school district if approval is given by each

 

18  intermediate school board affected. The intermediate school board

 

19  shall take final action within 60 days after receiving a

 

20  resolution. If an intermediate school district from which a

 

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

 

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

 

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

 

24  board superintendent of public instruction using the procedures

 

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

 

26  district to which transfer is proposed has adopted by referendum

 

27  a program for financing special education programs for

 


 1  handicapped persons students with a disability, or has bonded

 

 2  indebtedness outstanding for special education building

 

 3  facilities, the registered school electors of the constituent

 

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

 

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

 

 6  bonded indebtedness outstanding for special education facilities

 

 7  for handicapped persons students with a disability.

 

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

 

 9  proposed has established an area vocational-technical education

 

10  program by referendum, or has bonded indebtedness outstanding for

 

11  area vocational-technical education facilities, the registered

 

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

 

13  the acceptance of those sections and the assumption of the

 

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

 

15  area vocational-technical education facilities.

 

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

 

17  relating to special education programs, area vocational-technical

 

18  education programs, and bonded indebtedness for special education

 

19  and area vocational-technical facilities are approved at an

 

20  election in the constituent district proposing transfer at which

 

21  all applicable issues are submitted and receive favorable

 

22  majorities.

 

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

 

24  intermediate school district having bonded indebtedness for

 

25  special education facilities or area vocational-technical

 

26  education facilities which that is transferred to another

 

27  intermediate school district shall remain as a part of the

 


 1  intermediate school district from which transferred for the

 

 2  purpose of levying debt retirement taxes for the bonded

 

 3  indebtedness until the bonds are redeemed or sufficient funds are

 

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

 

 5  transferred constituent district shall be a constituent district

 

 6  of the intermediate school district to which transferred for all

 

 7  other purposes.

 

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

 

 9  districts may combine to form a single intermediate school

 

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

 

11  school electors of each intermediate school district voting on

 

12  the question in the regular school elections of the constituent

 

13  districts.

 

14        (2) The question of combining intermediate school districts

 

15  may be submitted by a resolution of the intermediate school

 

16  boards meeting in joint session.

 

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

 

18  number of school electors of each intermediate school district

 

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

 

20  the latest pupil membership count day of the combined constituent

 

21  districts of the intermediate school district are filed with the

 

22  school district filing official. Within 30 days after receiving

 

23  sufficient petitions, the school district filing official shall

 

24  notify the secretary of the intermediate school district and the

 

25  secretary shall apply for approval to the superintendent of

 

26  public instruction. The school district filing official shall

 

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

 


 1  regular school election after the superintendent of public

 

 2  instruction approves the merger.

 

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

 

 4  shall be in substantially the following form:

 

 5        "Shall the following intermediate school districts be

 

 6  organized as a single intermediate school district?

 

 7        (List names of intermediate school districts)

 

 8        Yes ( )

 

 9        No ( )".

 

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

 

11  school electors voting on the question in each of the

 

12  participating intermediate school districts, the reorganization

 

13  is effective in the combined intermediate school districts 30

 

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

 

15  submitted. The reorganized intermediate school district is a

 

16  single intermediate school district subject to this part.

 

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

 

18  original intermediate school districts shall act as an interim

 

19  board until a board of the combined intermediate school district

 

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

 

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

 

22  the interim intermediate school board as intermediate

 

23  superintendent shall serve only until a successor is chosen by

 

24  the elected intermediate school board. The secretary of the

 

25  intermediate school board having the largest number of pupils in

 

26  membership in its combined constituent districts at the time of

 

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

 


 1  intermediate school board for the purpose of organization within

 

 2  15 days after the effective date of the reorganization. The

 

 3  school district filing official shall provide for the election of

 

 4  a board of the reorganized intermediate school district under

 

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

 

 6  168.316. At the first election, there shall be elected 3 members

 

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

 

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

 

 9        (7) The reorganized intermediate school district shall

 

10  operate as a single intermediate school district from the

 

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

 

12  reorganization, all accounts of the reorganized intermediate

 

13  school districts shall be audited in the manner established by

 

14  the interim intermediate school board. The contracts of the

 

15  intermediate superintendents in force on the effective date of

 

16  reorganization continue in effect until the time of their

 

17  termination except as to position as intermediate

 

18  superintendents.

 

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

 

20  districts each of the combining intermediate school districts

 

21  adopted special education programs by referendum as provided in

 

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

 

23  education of handicapped persons students with a disability, the

 

24  special education programs and the annual property tax rates

 

25  shall continue in effect in the reorganized intermediate school

 

26  district.

 

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

 


 1  auxiliary services specified in this section to its resident

 

 2  pupils in the elementary and secondary grades shall provide the

 

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

 

 4  elementary and secondary grades at nonpublic schools. The board

 

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

 

 6  auxiliary services shall include health and nursing services and

 

 7  examinations; street crossing guards services; national defense

 

 8  education act testing services; teacher of speech and language

 

 9  services; school social work services; school psychological

 

10  services; teacher consultant services for handicapped pupils

 

11  students with a disability and other ancillary services for the

 

12  handicapped students with a disability; remedial reading; and

 

13  other services determined by the legislature. Auxiliary services

 

14  shall be provided under rules promulgated by the state board

 

15  superintendent of public instruction.

 

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

 

17  or the school district superintendent, a school building

 

18  principal, or another school district official if designated by

 

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

 

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

 

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

 

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

 

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

 

24  cause to believe that the pupil is handicapped a student with a

 

25  disability, and the school district has not evaluated the pupil

 

26  in accordance with rules of the state board superintendent of

 

27  public instruction to determine if the student pupil is

 


 1  handicapped a student with a disability, the pupil shall be

 

 2  evaluated immediately by the intermediate school district of

 

 3  which the school district is constituent in accordance with

 

 4  section 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

 

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

 

11  pupil from the school district permanently, subject to possible

 

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

 

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

 

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

 

15  the 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

 

22  dangerous 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

 


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

 

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

 

 3  participates cooperatively in an alternative education program

 

 4  appropriate for individuals expelled pursuant to subsection (2)

 

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

 

 6  except for a strict discipline academy established under sections

 

 7  1311b to 1311l, an individual expelled pursuant to subsection (2)

 

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

 

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

 

10  enroll in the school district unless the individual has been

 

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

 

12  law, a program operated for individuals expelled pursuant to

 

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

 

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

 

15  pupil population. If an individual expelled from a school

 

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

 

17  alternative education program or strict discipline academy, the

 

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

 

19  school district to provide, appropriate instructional services to

 

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

 

21  the requirements of section 6(4)(v) 6(4)(u) of the state school

 

22  aid act of 1979, MCL 388.1606, and the services may be contracted

 

23  for in the same manner as services for homebound pupils under

 

24  section 109 of the state school aid act of 1979, MCL 388.1709.

 

25  This subsection does not require a school district to expend more

 

26  money for providing services for a pupil expelled pursuant to

 

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

 


 1  school district receives for the pupil as calculated under

 

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

 

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

 

 4  subsection (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

 

10  individual 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

 

18  emancipated minor, the individual may petition another school

 

19  board 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

 

24  possessing a firearm or threatening another person with a

 

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

 

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

 

27  individual may initiate a petition for reinstatement at any time

 


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

 

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

 

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

 

 4  to 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

 


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

 

 2  school board is not required to provide any assistance in

 

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

 

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

 

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

 

 6  available a form for 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

 

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

 

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

 

15  of the school district may prepare and submit for consideration

 

16  by 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

 

22  information provided by the school district and shall submit a

 

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

 

24  The recommendation shall be for unconditional reinstatement, for

 

25  conditional 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

 


 1  reinstatement. The recommendation shall be based on consideration

 

 2  of all of the following factors:

 

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

 

 4  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 liability or individual

 

 7  liability 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

 

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

 

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

 

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

 

19  receptiveness toward possible conditions placed on the

 

20  reinstatement.

 

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

 

22  meeting after receiving the recommendation of the committee under

 

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

 

24  unconditionally reinstate the individual, conditionally reinstate

 

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

 

26  decision of the school board is final.

 

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

 


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

 

 2  parent or legal guardian to agree in writing to specific

 

 3  conditions before reinstating the individual in a conditional

 

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

 

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

 

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

 

 7  participation in or completion of an anger management program or

 

 8  other appropriate counseling; periodic progress reviews; and

 

 9  specified immediate consequences for failure to abide by a

 

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

 

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

 

12  include proposed conditions in a petition for reinstatement

 

13  submitted under this subsection.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

21  used under subsection (5).

 

22        (8) This section does not diminish the due process any

 

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 from a public school district

 

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

 

27  district sponsored alternative education program or a public

 


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

 

 2  academy or alternative education program shall immediately become

 

 3  eligible for the prorated share of either the public school

 

 4  academy or operating school district's foundation allowance or

 

 5  the expelling school district's foundation allowance, whichever

 

 6  is higher.

 

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

 

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

 

 9  her parent or legal guardian to locate a suitable alternative

 

10  educational program and to enroll the individual in such a

 

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

 

12  department shall compile information on and catalog existing

 

13  alternative education programs or schools and nonpublic schools

 

14  that may be open to enrollment of individuals expelled pursuant

 

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

 

16  periodically distribute this information to school districts for

 

17  distribution to expelled individuals. A school board that

 

18  establishes an alternative education program or school described

 

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

 

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

 

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

 

22  assistance to school districts, authorizing bodies for public

 

23  school academies, and other interested parties in developing

 

24  these types of alternative education programs or schools in

 

25  geographic areas that are not being served.

 

26        (11) As used in this section:

 

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

 


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

 

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

 

 3  520b, 520c, 520d, 520e, or 520g of the Michigan penal code, 1931

 

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

 

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

 

 6  1313.

 

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

 

 8  title 18 of the United States Code, 18 U.S.C. USC 921.

 

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

 

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

 

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

 

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

 

13  school academy.

 

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

 

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

 

16  750.237a.

 

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

 

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

 

19  a strict discipline academy that includes pupils who are the

 

20  responsibility of a county juvenile agency, a strict discipline

 

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

 

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

 

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

 

24  in the contract.

 

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

 

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

 

27  discipline academy shall not discriminate in its pupil admissions

 


 1  policies or practices on the basis of intellectual or athletic

 

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

 

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

 

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

 

 5  strict discipline academy may limit admission to pupils who are

 

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

 

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

 

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

 

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

 

10  the following types of pupils:

 

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

 

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

 

13  agency under the direction of a court.

 

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

 

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

 

16  another provision of this act.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

24  suspension.

 

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

 

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

 

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

 


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

 

 2  pupil's individualized education program team recommends that the

 

 3  special education pupil be placed in the strict discipline public

 

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

 

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

 

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

 

 7  education act, 20 USC 1414.

 

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

 

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

 

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

 

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

 

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

 

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

 

14  of this act.

 

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

 

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

 

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

 

18  the department of human services or another state department or

 

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

 

20  state department or agency other than the department of human

 

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

 

22  department or agency has the financial responsibility for

 

23  educating the child.

 

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

 

25  United States citizen, a strict discipline academy shall not

 

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

 

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

 


 1  reside in this state who meet the admission policy under

 

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

 

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

 

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

 

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

 

 6  admission to a strict discipline academy authorized by the board

 

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

 

 8  community college, on the grounds of a federal military

 

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

 

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

 

11  installation is located who meet the admission policy under

 

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

 

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

 

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

 

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

 

16  applications to enroll in the strict discipline academy than

 

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

 

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

 

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

 

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

 

21  pupil who is attending the strict discipline academy for the

 

22  duration of the suspension, a strict discipline academy shall

 

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

 

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

 

25  discipline academy in the appropriate grade unless the

 

26  appropriate grade is not offered at that strict discipline

 

27  academy.

 


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

 

 2  grade 12 or any configuration of those grades, including

 

 3  kindergarten and early childhood education, as specified in its

 

 4  contract. The authorizing body may approve amendment of a

 

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

 

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

 

 7  board of a school district providing transportation for its

 

 8  resident pupils, other than handicapped pupils students with a

 

 9  disability transported under article 3 or other pupils who cannot

 

10  safely walk to school, shall provide transportation for each

 

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

 

12  requirements are met:

 

13        (a) The school district provides transportation for the

 

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

 

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

 

16  the pupil is enrolled.

 

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

 

18  eligible to receive state school aid for transportation.

 

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

 

20  state approved nonpublic school in the school district to which

 

21  the pupil is eligible to be admitted.

 

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

 

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

 

24  person standing in loco parentis to the pupil.

 

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

 

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

 

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

 


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

 

 2  district is not required to transport or pay for the

 

 3  transportation of a resident pupil attending a nonpublic school

 

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

 

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

 

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

 

 7  transportation of the resident pupil from the public school

 

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

 

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

 

10  for the transportation of resident pupils to state approved

 

11  nonpublic schools located outside the district unless the school

 

12  district transports some of its resident pupils, other than

 

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

 

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

 

15  school district shall transport or pay for the transportation of

 

16  resident pupils attending a state approved nonpublic school at

 

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

 

18  district to which the district transports resident pupils and in

 

19  the same general direction.

 

20        Sec. 1701. The state board superintendent of public

 

21  instruction shall do all of the following:

 

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

 

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

 

24  special education which shall provide for the delivery of special

 

25  education programs and services designed to develop the maximum

 

26  potential of every handicapped person. The plan shall coordinate

 

27  all special education programs and services.

 


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

 

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

 

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

 

 4  superintendent of public instruction.

 

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

 

 6  the plans and procedures for submitting them.

 

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

 

 8  person student with a disability enrolled in a public school

 

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

 

10  education programs and services, the public school academy is

 

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

 

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

 

13  the following:

 

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

 

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

 

16  education which shall provide that provides for the delivery of

 

17  special education programs and services designed to develop the

 

18  maximum potential of each handicapped person student with a

 

19  disability of whom the intermediate school board is required to

 

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

 

21  coordinate the special education programs and services operated

 

22  or contracted for by the constituent districts and shall be

 

23  submitted to the state board superintendent of public instruction

 

24  for its approval.

 

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

 

26  or service, in accordance with the intermediate school district

 

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

 


 1  intermediate school board may operate special education programs

 

 2  or services and furnish transportation services and room and

 

 3  board.

 

 4        (c) Employ or engage special education personnel in

 

 5  accordance with the intermediate school district plan, and

 

 6  appoint a director of special education meeting the

 

 7  qualifications and requirements of the rules promulgated by the

 

 8  state board superintendent of public instruction.

 

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

 

10  governmental or private sources for the purpose of providing

 

11  special education programs and services consistent with this

 

12  article.

 

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

 

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

 

15  education staff, programs, and services.

 

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

 

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

 

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

 

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

 

20  education programs or services in which the handicapped person

 

21  student with a disability is participating on the fourth Friday

 

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

 

23  for determining the local school district in which a handicapped

 

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

 

25  promulgated by the state board superintendent of public

 

26  instruction notwithstanding the provisions of section 1148. The

 

27  records shall be maintained in accordance with rules promulgated

 


 1  by the state board superintendent of public instruction.

 

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

 

 3  education programs or services a handicapped person student with

 

 4  a disability for whom a constituent district is required to

 

 5  provide special education programs or services under section

 

 6  1751.

 

 7        (h) Investigate special education programs and services

 

 8  operated or contracted for by the intermediate school board or

 

 9  constituent district boards and report in writing failures to

 

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

 

11  governing the special education programs and services or with the

 

12  intermediate school district plan, to the local school district

 

13  board and to the state board superintendent of public

 

14  instruction.

 

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

 

16  contract for the delivery of special education programs or

 

17  services by local school district boards, in accordance with

 

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

 

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

 

20  shall be approved by the state board superintendent of public

 

21  instruction. The intermediate school board shall contract for the

 

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

 

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

 

24  district board under sections 1756 and 1757.

 

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

 

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

 

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

 


 1  appropriate professional personnel whose training and

 

 2  relationship to handicapped persons students with a disability

 

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

 

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

 

 5  professional is or may be handicapped a student with a

 

 6  disability, and immediately evaluate the person pursuant to rules

 

 7  promulgated by the state board superintendent of public

 

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

 

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

 

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

 

11  lack of good faith is proven.

 

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

 

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

 

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

 

15  education programs approved by the intermediate school board

 

16  without having to secure the approval of the state board

 

17  superintendent of public instruction.

 

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

 

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

 

20  intermediate school district shall be substantially in the

 

21  following form:

 

22        "Shall the ____________ (legal name of the intermediate

 

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

 

24  1729 of the revised school code, which are designed to encourage

 

25  the education of handicapped persons students with a disability,

 

26  if the annual property tax levied for administration is limited

 

27  to _____ mills?

 


 1        Yes (  )

 

 2        No  (  )".

 

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

 

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

 

 5  question of increasing the millage limit on the annual property

 

 6  tax levied for special education be submitted to the school

 

 7  electors of the intermediate school district. The election shall

 

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

 

 9  ballot shall be substantially in the following form:

 

 

10

     "Shall the ________________ mill limitation on the annual

11

property tax previously approved by the electors of the

12

_______________________________________________, state of

13

(legal name of the intermediate school district)

14

Michigan, for the education of handicapped persons students

15

with a disability be increased by ____________ mills?

16

     Yes (  )

17

     No  (  )".

 

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

 

19  provide special education programs and services designed to

 

20  develop the maximum potential of each handicapped person student

 

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

 

22  for whom an appropriate educational or training program can be

 

23  provided in accordance with the intermediate school district

 

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

 

25  combination thereof:

 

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

 

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

 

28  intermediate school board, another local school district board,


 

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

 

 2  Michigan school schools for the blind, the Michigan school for

 

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

 

 4  the department of social human services, or any combination

 

 5  thereof, for delivery of the special education programs or

 

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

 

 7  superintendent of public instruction for delivery of an ancillary

 

 8  professional special education service. The intermediate school

 

 9  district of which the local school district is constituent shall

 

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

 

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

 

12  services.

 

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

 

14  special education program or service shall provide specifically

 

15  for:

 

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

 

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

 

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

 

19  participating in the programs or services as required under

 

20  sections 1756 and 1757.

 

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

 

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

 

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

 

24  with rules promulgated by the state board superintendent of

 

25  public instruction.

 

26        (d) Other matters which the parties deem consider

 

27  appropriate.


 

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

 

 2  local school district shall be in accordance with the

 

 3  intermediate school district's plan established pursuant to

 

 4  section 1711.

 

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

 

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

 

 7  the intermediate school district plan.

 

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

 

 9  programs by departments of state government without local school

 

10  district contribution.

 

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

 

12  school district or other public agency responsible for providing

 

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

 

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

 

15  process hearing pursuant to R 340.1882 of the Michigan

 

16  administrative code.

 

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

 

18  provide by contract or agreement for the transportation of a

 

19  handicapped person student with a disability who would otherwise

 

20  be unable to participate in an appropriate special education

 

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

 

22  district under section 1751, except for a handicapped person

 

23  student with a disability in residence at facilities operated by

 

24  the department of mental community health or the department of

 

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

 

26  for weekend transportation of a handicapped person student with a

 

27  disability in residence at the Michigan school schools for the


 

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

 

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

 

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

 

 4  handicapped person student with a disability who would otherwise

 

 5  be unable to participate in an appropriate special education

 

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

 

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

 

 8  the Michigan school schools for the blind, the Michigan school

 

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

 

10  health, or the department of social human services.

 

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

 

12  solicit nor seek reimbursement from a handicapped person student

 

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

 

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

 

15  special education program or service attributable to the expense

 

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

 

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

 

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

 

19  rules promulgated by the state board superintendent of public

 

20  instruction.