September 5, 2007, Introduced by Senators GLEASON, BARCIA, PRUSI, OLSHOVE, CHERRY, ANDERSON, SCOTT, SCHAUER, THOMAS, CLARK-COLEMAN, WHITMER, CLARKE, BASHAM, JACOBS, HUNTER, BRATER, SWITALSKI, KUIPERS, VAN WOERKOM, GEORGE, BROWN, JANSEN, PAPPAGEORGE, BIRKHOLZ, GILBERT, HARDIMAN, GARCIA, CROPSEY, STAMAS, McMANUS, KAHN, SANBORN, RICHARDVILLE, JELINEK, ALLEN and BISHOP and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 4, 5, 6, 504, 524, 605, 701, 1296, 1311,
1311g, 1321, 1701, 1701a, 1711, 1723, 1724, 1751, 1752, 1756,
1757, and 1761 (MCL 380.4, 380.5, 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), sections 4 and 5 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. 5. (1) "Local act school district" or "special act
25 school district" means a district governed by a special or local
1 act or chapter of a local act. "Local school district" and "local
2 school district board" as used in article 3 include a local act
3 school district and a local act school district board.
4 (2) "Membership" means the number of full-time equivalent
5 pupils in a public school as determined by the number of pupils
6 registered for attendance plus pupils received by transfer and
7 minus pupils lost as defined by rules promulgated by the state
8 board superintendent
of public instruction.
9 (3) "Michigan election law" means the Michigan election law,
10 1954 PA 116, MCL 168.1 to 168.992.
11 (4) "Nonpublic school" means a private, denominational, or
12 parochial school.
13 (5) "Objectives" means measurable pupil academic skills and
14 knowledge.
15 (6) "Person with a disability" shall be defined by rules
16 promulgated by the state board. Disabilities include, but are not
17 limited to, mental, physical, emotional, behavioral, sensory, and
18 speech disabilities.
19
(7) (6) "Public school" means a public elementary
or
20 secondary educational entity or agency that is established under
21 this act, has as its primary mission the teaching and learning of
22 academic and vocational-technical skills and knowledge, and is
23 operated by a school district, local act school district, special
24 act school district, intermediate
school district, public school
25 academy corporation, strict discipline academy corporation, urban
26 high school academy corporation, or by the department or state
27 board. Public school also includes a laboratory school or other
1 elementary or secondary school that is controlled and operated by
2 a state public university described in section 4, 5, or 6 of
3 article VIII of the state constitution of 1963.
4 (8) (7) "Public
school academy" means a public school
5 academy established under part 6a and, except as used in part 6a,
6 also includes an urban high school academy established under part
7 6c and a strict discipline academy established under sections
8 1311b to 1311l.
9 (9) (8) "Pupil
membership count day" of a school district
10 means that term as defined in section 6 of the state school aid
11 act of 1979, MCL 388.1606.
12 (10) (9) "Regular
school election" or "regular election"
13 means the election held in a school district, local act school
14 district, or intermediate
school district to elect a school board
15 member in the regular course of the terms of that office and held
16 on the school district's regular election date as determined
17 under section 642 or 642a 641 of the Michigan
election law, MCL
18 168.642 and 168.642a 168.641.
19 (11) (10) "Reorganized
intermediate school district" means
20 an intermediate school district formed by consolidation or
21 annexation of 2 or more intermediate school districts under
22 sections 701 and 702.
23 (12) (11) "Rule"
means a rule promulgated under the
24 administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
25 24.328.
26 Sec. 6. (1) "School district" or "local school district"
27 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 with a disability in special
21 education programs and services including, but not limited to,
22 teachers, aides, school social workers, diagnostic personnel,
23 physical therapists, occupational therapists, audiologists,
24 teachers of speech and language, instructional media-curriculum
25 specialists, mobility specialists, teacher consultants,
26 supervisors, and directors.
27 (7) "Special education programs and services" means
1 educational and training services designed for handicappers
2 persons with a disability and operated by local school districts,
3 local act school districts, intermediate school districts, the
4 Michigan school for the deaf and blind, the department of
5 community health, the family independence agency, or a
6 combination of these, and ancillary professional services for
7 handicappers persons with
a disability rendered by agencies
8 approved by the state board. The programs shall include
9 vocational training, but need not include academic programs of
10 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) "Department" means the department of education created
21 and operating under sections 300 to 305 of the executive
22 organization act of 1965, 1965 PA 380, MCL 16.400 to 16.405.
23 (12) "State school aid" means allotments from the general
24 appropriating act for the purpose of aiding in the support of the
25 public schools of the state.
26 (13) "The state school aid act of 1979" means the state
27 school aid act of 1979, 1979 PA 94, MCL 388.1601 to 388.1772.
1 Sec. 504. (1) A public school academy may be located in all
2 or part of an existing public school building. A public school
3 academy shall not operate at a site other than the single site
4 requested for the configuration of grades that will use the site,
5 as specified in the application required under section 502 and in
6 the contract.
7 (2) A public school academy shall not charge tuition and
8 shall not discriminate in its pupil admissions policies or
9 practices on the basis of intellectual or athletic ability,
10 measures of achievement or aptitude, status as a handicapped
11 person with a disability, or any other basis that would be
12 illegal if used by a school district. However, a public school
13 academy may limit admission to pupils who are within a particular
14 range of age or grade level or on any other basis that would be
15 legal if used by a school district.
16 (3) Except for a foreign exchange student who is not a
17 United States citizen, a public school academy shall not enroll a
18 pupil who is not a resident of this state. Enrollment in the
19 public school academy may be open to all individuals who reside
20 in this state who meet the admission policy and shall be open to
21 all pupils who reside within the geographic boundaries, if any,
22 of the authorizing body as described in section 502(2)(a) to (c)
23 who meet the admission policy, except that admission to a public
24 school academy authorized by the board of a community college to
25 operate, or operated by the board of a community college, on the
26 grounds of a federal military installation, as described in
27 section 502(2)(c), shall be open to all pupils who reside in the
1 county in which the federal military installation is located. For
2 a public school academy authorized by a state public university,
3 enrollment shall be open to all pupils who reside in this state
4 who meet the admission policy. If there are more applications to
5 enroll in the public school academy than there are spaces
6 available, pupils shall be selected to attend using a random
7 selection process. However, a public school academy may give
8 enrollment priority to a sibling of a pupil enrolled in the
9 public school academy. A public school academy shall allow any
10 pupil who was enrolled in the public school academy in the
11 immediately preceding school year to enroll in the public school
12 academy in the appropriate grade unless the appropriate grade is
13 not offered at that public school academy.
14 (4) A public school academy may include any grade up to
15 grade 12 or any configuration of those grades, including
16 kindergarten and early childhood education, as specified in its
17 contract. If specified in its contract, a public school academy
18 may also operate an adult basic education program, adult high
19 school completion program, or general education development
20 testing preparation program. The authorizing body may approve
21 amendment of a contract with respect to ages of pupils or grades
22 offered.
23 Sec. 524. (1) An urban high school academy may be located in
24 all or part of an existing public school building. Except as
25 otherwise provided in this subsection, an urban high school
26 academy shall not operate at a site other than the single site
27 requested for the configuration of grades that will use the site,
1 as specified in the contract. However, an authorizing body may
2 include a provision in the contract allowing an urban high school
3 academy to operate the same configuration of grades at more than
4 1 site. If an urban high school academy operates the same
5 configuration of grades at more than 1 site, each of those sites
6 shall be considered to be operated under a separate contract, and
7 the operation shall be equivalent to the issuance of a contract,
8 for the purposes of the limitation in section 522(2) on the
9 number of contracts that may be issued under this part. For the
10 purposes of this subsection, if an urban high school academy
11 operates classes at more than 1 location, the urban high school
12 academy shall be considered to be operating at a single site if
13 all of the locations are within a 1-mile radius of the urban high
14 school academy's central administrative office and if the total
15 number of pupils enrolled in any particular grade at all of the
16 locations does not exceed 125.
17 (2) An urban high school academy shall not charge tuition.
18 Except as otherwise provided in this section, an urban high
19 school academy shall not discriminate in its pupil admissions
20 policies or practices on the basis of intellectual or athletic
21 ability, measures of achievement or aptitude, status as a
22 handicapped person with a disability, or any other basis that
23 would be illegal if used by a school district. However, an urban
24 high school academy may limit admission to pupils who are within
25 a particular range of age or grade level or on any other basis
26 that would be legal if used by a school district and may give
27 enrollment priority as provided in subsection (4).
1 (3) Except for a foreign exchange student who is not a
2 United States citizen, an urban high school academy shall not
3 enroll a pupil who is not a resident of this state. Enrollment in
4 an urban high school academy shall be open to all pupils who
5 reside in this state who meet the admission policy. Subject to
6 subsection (4), if there are more applications to enroll in the
7 urban high school academy than there are spaces available, pupils
8 shall be selected to attend using a random selection process. An
9 urban high school academy shall allow any pupil who was enrolled
10 in the urban high school academy in the immediately preceding
11 school year to enroll in the urban high school academy in the
12 appropriate grade unless the appropriate grade is not offered at
13 that urban high school academy.
14 (4) An urban high school academy may give enrollment
15 priority to 1 or more of the following:
16 (a) A sibling of a pupil enrolled in the urban high school
17 academy.
18 (b) A child of a person who is employed by or at the urban
19 high school academy or who is on the board of directors of the
20 urban high school academy. As used in this subdivision, "child"
21 includes an adopted child or a legal ward.
22 (5) Subject to the terms of the contract authorizing the
23 urban high school academy, an urban high school academy shall
24 include at least grades 9 through 12 within 5 years after
25 beginning operations and may include other grades or any
26 configuration of those grades, including kindergarten and early
27 childhood education, as specified in its contract. If specified
1 in its contract, an urban high school academy may also operate an
2 adult basic education program, adult high school completion
3 program, or general education development testing preparation
4 program.
5 Sec. 605. (1) If constituent districts of more than 1
6 intermediate school district are reorganized into a single school
7 district, the reorganized school district shall be constituent to
8 the intermediate school district designated by the board of the
9 reorganized school district. If a decision is not reached within
10 30 days after the effective date of the reorganization of the
11 constituent districts, the determination shall be made by the
12 state board superintendent
of public instruction.
13 (2) A constituent district, by resolution of its board, may
14 transfer and become constituent to another contiguous
15 intermediate school district if approval is given by each
16 intermediate school board affected. The intermediate school board
17 shall take final action within 60 days after receiving a
18 resolution. If an intermediate school district from which a
19 constituent district wishes to transfer has fewer than 4,000
20 constituent district pupils and fails to take action or denies a
21 transfer, the inaction or decision may be appealed to the state
22 board superintendent
of public instruction using the
procedures
23 described in section 971. of this act. If the intermediate school
24 district to which transfer is proposed has adopted by referendum
25 a program for financing special education programs for
26 handicapped persons with a disability, or has bonded indebtedness
27 outstanding for special education building facilities, the
1 registered school electors
of the constituent district to be
2 transferred shall vote on the acceptance of those sections and
3 the assumption of the district's pro rata share of bonded
4 indebtedness outstanding for special education facilities for
5 handicapped persons with a disability.
6 (3) If the intermediate school district to which transfer is
7 proposed has established an area vocational-technical education
8 program by referendum, or has bonded indebtedness outstanding for
9 area vocational-technical education facilities, the registered
10 school electors of the district to be transferred shall vote on
11 the acceptance of those sections and the assumption of the
12 district's pro rata share of bonded indebtedness outstanding for
13 area vocational-technical education facilities.
14 (4) The transfer is effective only if the applicable issues
15 relating to special education programs, area vocational-technical
16 education programs, and bonded indebtedness for special education
17 and area vocational-technical facilities are approved at an
18 election in the constituent district proposing transfer at which
19 all applicable issues are submitted and receive favorable
20 majorities.
21 (5) The territory of a constituent district of an
22 intermediate school district having bonded indebtedness for
23 special education facilities or area vocational-technical
24 education facilities which that is transferred to
another
25 intermediate school district shall remain as a part of the
26 intermediate school district from which transferred for the
27 purpose of levying debt retirement taxes for the bonded
1 indebtedness until the bonds are redeemed or sufficient funds are
2 available in the debt retirement funds for that purpose. The
3 transferred constituent district shall be a constituent district
4 of the intermediate school district to which transferred for all
5 other purposes.
6 Sec. 701. (1) Two or more adjoining intermediate school
7 districts may combine to form a single intermediate school
8 district when the reorganization is approved by a majority of the
9 school electors of each intermediate school district voting on
10 the question in the regular school elections of the constituent
11 districts.
12 (2) The question of combining intermediate school districts
13 may be submitted by a resolution of the intermediate school
14 boards meeting in joint session.
15 (3) The question shall be submitted if petitions signed by a
16 number of school electors of each intermediate school district
17 equal to not less than 5% of the number of pupil memberships on
18 the latest pupil membership count day of the combined constituent
19 districts of the intermediate school district are filed with the
20 school district filing official. Within 30 days after receiving
21 sufficient petitions, the school district filing official shall
22 notify the secretary of the intermediate school district and the
23 secretary shall apply for approval to the superintendent of
24 public instruction. The school district filing official shall
25 submit the question in accordance with section 661 at the next
26 regular school election after the superintendent of public
27 instruction approves the merger.
1 (4) The ballots for a ballot question under this section
2 shall be in substantially the following form:
3 "Shall the following intermediate school districts be
4 organized as a single intermediate school district?
5 (List names of intermediate school districts)
6 Yes ( )
7 No ( )".
8 (5) If the consolidation is approved by a majority of the
9 school electors voting on the question in each of the
10 participating intermediate school districts, the reorganization
11 is effective in the combined intermediate school districts 30
12 days after the regular school election at which the question is
13 submitted. The reorganized intermediate school district is a
14 single intermediate school district subject to this part.
15 (6) The members of the intermediate school boards of the
16 original intermediate school districts shall act as an interim
17 board until a board of the combined intermediate school district
18 is elected. The interim board has all the powers and duties of an
19 intermediate school board under this part. The person chosen by
20 the interim intermediate school board as intermediate
21 superintendent shall serve only until a successor is chosen by
22 the elected intermediate school board. The secretary of the
23 intermediate school board having the largest number of pupils in
24 membership in its combined constituent districts at the time of
25 reorganization shall call a meeting of the members of the interim
26 intermediate school board for the purpose of organization within
27 15 days after the effective date of the reorganization. The
1 school district filing official shall provide for the election of
2 a board of the reorganized intermediate school district under
3 chapter XIV of the Michigan election law, MCL 168.301 to 168.315
4 168.316. At the first election, there shall be elected 3 members
5 of a board for 6 years, 2 for 4 years, and 2 for 2 years. Their
6 successors shall be elected biennially for terms of 6 years.
7 (7) The reorganized intermediate school district shall
8 operate as a single intermediate school district from the
9 effective date of the reorganization. Within 10 days after the
10 reorganization, all accounts of the reorganized intermediate
11 school districts shall be audited in the manner established by
12 the interim intermediate school board. The contracts of the
13 intermediate superintendents in force on the effective date of
14 reorganization continue in effect until the time of their
15 termination except as to position as intermediate
16 superintendents.
17 (8) If, before reorganization of the intermediate school
18 districts each of the combining intermediate school districts
19 adopted special education programs by referendum as provided in
20 part 30 and approved the same annual property tax rates for the
21 education of handicapped persons with a disability, the
special
22 education programs and the annual property tax rates shall
23 continue in effect in the reorganized intermediate school
24 district.
25 Sec. 1296. The board of a school district that provides
26 auxiliary services specified in this section to its resident
27 pupils in the elementary and secondary grades shall provide the
1 same auxiliary services on an equal basis to pupils in the
2 elementary and secondary grades at nonpublic schools. The board
3 may use state school aid to pay for the auxiliary services. The
4 auxiliary services shall include health and nursing services and
5 examinations; street crossing guards services; national defense
6 education act testing services; teacher of speech and language
7 services; school social work services; school psychological
8 services; teacher consultant services for handicapped pupils
9
persons with a disability and other
ancillary services for the
10 handicapped persons
with a disability; remedial reading;
and
11 other services determined by the legislature. Auxiliary services
12 shall be provided under rules promulgated by the state board
13 superintendent of public instruction.
14 Sec. 1311. (1) Subject to subsection (2), the school board,
15 or the school district superintendent, a school building
16 principal, or another school district official if designated by
17 the school board, may authorize or order the suspension or
18 expulsion from school of a pupil guilty of gross misdemeanor or
19 persistent disobedience if, in the judgment of the school board
20 or its designee, as applicable, the interest of the school is
21 served by the authorization or order. If there is reasonable
22 cause to believe that the pupil is handicapped a person with a
23 disability, and the school district has not evaluated the pupil
24 in accordance with rules of the state board to determine if the
25 student pupil is handicapped a person with a disability,
the
26 pupil shall be evaluated immediately by the intermediate school
27 district of which the school district is constituent in
1 accordance with section 1711.
2 (2) If a pupil possesses in a weapon free school zone a
3 weapon that constitutes a dangerous weapon, commits arson in a
4 school building or on school grounds, or commits criminal sexual
5 conduct in a school building or on school grounds, the school
6 board, or the designee of the school board as described in
7 subsection (1) on behalf of the school board, shall expel the
8 pupil from the school district permanently, subject to possible
9 reinstatement under subsection (5). However, a school board is
10 not required to expel a pupil for possessing a weapon if the
11 pupil establishes in a clear and convincing manner at least 1 of
12 the following:
13 (a) The object or instrument possessed by the pupil was not
14 possessed by the pupil for use as a weapon, or for direct or
15 indirect delivery to another person for use as a weapon.
16 (b) The weapon was not knowingly possessed by the pupil.
17 (c) The pupil did not know or have reason to know that the
18 object or instrument possessed by the pupil constituted a
19 dangerous weapon.
20 (d) The weapon was possessed by the pupil at the suggestion,
21 request, or direction of, or with the express permission of,
22 school or police authorities.
23 (3) If an individual is expelled pursuant to subsection (2),
24 the expelling school district shall enter on the individual's
25 permanent record that he or she has been expelled pursuant to
26 subsection (2). Except if a school district operates or
27 participates cooperatively in an alternative education program
1 appropriate for individuals expelled pursuant to subsection (2)
2 and in its discretion admits the individual to that program, and
3 except for a strict discipline academy established under sections
4 1311b to 1311l, an individual expelled pursuant to subsection (2)
5 is expelled from all public schools in this state and the
6 officials of a school district shall not allow the individual to
7 enroll in the school district unless the individual has been
8 reinstated under subsection (5). Except as otherwise provided by
9 law, a program operated for individuals expelled pursuant to
10 subsection (2) shall ensure that those individuals are physically
11 separated at all times during the school day from the general
12 pupil population. If an individual expelled from a school
13 district pursuant to subsection (2) is not placed in an
14 alternative education program or strict discipline academy, the
15 school district may provide, or may arrange for the intermediate
16 school district to provide, appropriate instructional services to
17 the individual at home. The type of services provided shall meet
18 the requirements of section 6(4)(v) 6(4)(u) of
the state school
19 aid act of 1979, MCL 388.1606, and the services may be contracted
20 for in the same manner as services for homebound pupils under
21 section 109 of the state school aid act of 1979, MCL 388.1709.
22 This subsection does not require a school district to expend more
23 money for providing services for a pupil expelled pursuant to
24 subsection (2) than the amount of the foundation allowance the
25 school district receives for the pupil as calculated under
26 section 20 of the state school aid act of 1979, MCL 388.1620.
27 (4) If a school board expels an individual pursuant to
1 subsection (2), the school board shall ensure that, within 3 days
2 after the expulsion, an official of the school district refers
3 the individual to the appropriate county department of social
4 services or county community mental health agency and notifies
5 the individual's parent or legal guardian or, if the individual
6 is at least age 18 or is an emancipated minor, notifies the
7 individual of the referral.
8 (5) The parent or legal guardian of an individual expelled
9 pursuant to subsection (2) or, if the individual is at least age
10 18 or is an emancipated minor, the individual may petition the
11 expelling school board for reinstatement of the individual to
12 public education in the school district. If the expelling school
13 board denies a petition for reinstatement, the parent or legal
14 guardian or, if the individual is at least age 18 or is an
15 emancipated minor, the individual may petition another school
16 board for reinstatement of the individual in that other school
17 district. All of the following apply to reinstatement under this
18 subsection:
19 (a) For an individual who was enrolled in grade 5 or below
20 at the time of the expulsion and who has been expelled for
21 possessing a firearm or threatening another person with a
22 dangerous weapon, the parent or legal guardian or, if the
23 individual is at least age 18 or is an emancipated minor, the
24 individual may initiate a petition for reinstatement at any time
25 after the expiration of 60 school days after the date of
26 expulsion. For an individual who was enrolled in grade 5 or below
27 at the time of the expulsion and who has been expelled pursuant
1 to subsection (2) for a reason other than possessing a firearm or
2 threatening another person with a dangerous weapon, the parent or
3 legal guardian or, if the individual is at least age 18 or is an
4 emancipated minor, the individual may initiate a petition for
5 reinstatement at any time. For an individual who was in grade 6
6 or above at the time of expulsion, the parent or legal guardian
7 or, if the individual is at least age 18 or is an emancipated
8 minor, the individual may initiate a petition for reinstatement
9 at any time after the expiration of 150 school days after the
10 date of expulsion.
11 (b) An individual who was in grade 5 or below at the time of
12 the expulsion and who has been expelled for possessing a firearm
13 or threatening another person with a dangerous weapon shall not
14 be reinstated before the expiration of 90 school days after the
15 date of expulsion. An individual who was in grade 5 or below at
16 the time of the expulsion and who has been expelled pursuant to
17 subsection (2) for a reason other than possessing a firearm or
18 threatening another person with a dangerous weapon shall not be
19 reinstated before the expiration of 10 school days after the date
20 of the expulsion. An individual who was in grade 6 or above at
21 the time of the expulsion shall not be reinstated before the
22 expiration of 180 school days after the date of expulsion.
23 (c) It is the responsibility of the parent or legal guardian
24 or, if the individual is at least age 18 or is an emancipated
25 minor, of the individual to prepare and submit the petition. A
26 school board is not required to provide any assistance in
27 preparing the petition. Upon request by a parent or legal
1 guardian or, if the individual is at least age 18 or is an
2 emancipated minor, by the individual, a school board shall make
3 available a form for a petition.
4 (d) Not later than 10 school days after receiving a petition
5 for reinstatement under this subsection, a school board shall
6 appoint a committee to review the petition and any supporting
7 information submitted by the parent or legal guardian or, if the
8 individual is at least age 18 or is an emancipated minor, by the
9 individual. The committee shall consist of 2 school board
10 members, 1 school administrator, 1 teacher, and 1 parent of a
11 pupil in the school district. During this time the superintendent
12 of the school district may prepare and submit for consideration
13 by the committee information concerning the circumstances of the
14 expulsion and any factors mitigating for or against
15 reinstatement.
16 (e) Not later than 10 school days after all members are
17 appointed, the committee described in subdivision (d) shall
18 review the petition and any supporting information and
19 information provided by the school district and shall submit a
20 recommendation to the school board on the issue of reinstatement.
21 The recommendation shall be for unconditional reinstatement, for
22 conditional reinstatement, or against reinstatement, and shall be
23 accompanied by an explanation of the reasons for the
24 recommendation and of any recommended conditions for
25 reinstatement. The recommendation shall be based on consideration
26 of all of the following factors:
27 (i) The extent to which reinstatement of the individual would
1 create a risk of harm to pupils or school personnel.
2 (ii) The extent to which reinstatement of the individual
3 would create a risk of school district liability or individual
4 liability for the school board or school district personnel.
5 (iii) The age and maturity of the individual.
6 (iv) The individual's school record before the incident that
7 caused the expulsion.
8 (v) The individual's attitude concerning the incident that
9 caused the expulsion.
10 (vi) The individual's behavior since the expulsion and the
11 prospects for remediation of the individual.
12 (vii) If the petition was filed by a parent or legal
13 guardian, the degree of cooperation and support that has been
14 provided by the parent or legal guardian and that can be expected
15 if the individual is reinstated, including, but not limited to,
16 receptiveness toward possible conditions placed on the
17 reinstatement.
18 (f) Not later than the next regularly scheduled board
19 meeting after receiving the recommendation of the committee under
20 subdivision (e), a school board shall make a decision to
21 unconditionally reinstate the individual, conditionally reinstate
22 the individual, or deny reinstatement of the individual. The
23 decision of the school board is final.
24 (g) A school board may require an individual and, if the
25 petition was filed by a parent or legal guardian, his or her
26 parent or legal guardian to agree in writing to specific
27 conditions before reinstating the individual in a conditional
1 reinstatement. The conditions may include, but are not limited
2 to, agreement to a behavior contract, which may involve the
3 individual, parent or legal guardian, and an outside agency;
4 participation in or completion of an anger management program or
5 other appropriate counseling; periodic progress reviews; and
6 specified immediate consequences for failure to abide by a
7 condition. A parent or legal guardian or, if the individual is at
8 least age 18 or is an emancipated minor, the individual may
9 include proposed conditions in a petition for reinstatement
10 submitted under this subsection.
11 (6) A school board or school administrator that complies
12 with subsection (2) is not liable for damages for expelling a
13 pupil pursuant to subsection (2), and the authorizing body of a
14 public school academy is not liable for damages for expulsion of
15 a pupil by the public school academy pursuant to subsection (2).
16 (7) The department shall develop and distribute to all
17 school districts a form for a petition for reinstatement to be
18 used under subsection (5).
19 (8) This section does not diminish the due process rights
20 under federal law of a pupil who has been determined to be
21 eligible for special education programs and services.
22 (9) If a pupil expelled from a public school district
23 pursuant to subsection (2) is enrolled by a public school
24 district sponsored alternative education program or a public
25 school academy during the period of expulsion, the public school
26 academy or alternative education program shall immediately become
27 eligible for the prorated share of either the public school
1 academy or operating school district's foundation allowance or
2 the expelling school district's foundation allowance, whichever
3 is higher.
4 (10) If an individual is expelled pursuant to subsection
5 (2), it is the responsibility of that individual and of his or
6 her parent or legal guardian to locate a suitable alternative
7 educational program and to enroll the individual in such a
8 program during the expulsion. The office of safe schools in the
9 department shall compile information on and catalog existing
10 alternative education programs or schools and nonpublic schools
11 that may be open to enrollment of individuals expelled pursuant
12 to subsection (2) and pursuant to section 1311a, and shall
13 periodically distribute this information to school districts for
14 distribution to expelled individuals. A school board that
15 establishes an alternative education program or school described
16 in this subsection shall notify the office of safe schools about
17 the program or school and the types of pupils it serves. The
18 office of safe schools also shall work with and provide technical
19 assistance to school districts, authorizing bodies for public
20 school academies, and other interested parties in developing
21 these types of alternative education programs or schools in
22 geographic areas that are not being served.
23 (11) As used in this section:
24 (a) "Arson" means a felony violation of chapter X of the
25 Michigan penal code, 1931 PA 328, MCL 750.71 to 750.80.
26 (b) "Criminal sexual conduct" means a violation of section
27 520b, 520c, 520d, 520e, or 520g of the Michigan penal code, 1931
1 PA 328, MCL 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g.
2 (c) "Dangerous weapon" means that term as defined in section
3 1313.
4 (d) "Firearm" means that term as defined in section 921 of
5 title 18 of the United States Code, 18 U.S.C. USC 921.
6 (e) "School board" means a school board, intermediate school
7 board, or the board of directors of a public school academy.
8 (f) "School district" means a school district, a local act
9 school district, an intermediate school district, or a public
10 school academy.
11 (g) "Weapon free school zone" means that term as defined in
12 section 237a of the Michigan penal code, 1931 PA 328, MCL
13 750.237a.
14 Sec. 1311g. (1) A strict discipline academy may be located
15 in all or part of an existing public school building. Except for
16 a strict discipline academy that includes pupils who are the
17 responsibility of a county juvenile agency, a strict discipline
18 academy shall not operate at a site other than the single site
19 requested for the configuration of grades that will use the site,
20 as specified in the application required under section 1311d and
21 in the contract.
22 (2) A strict discipline academy shall not charge tuition.
23 Except as otherwise provided in subsection (5), a strict
24 discipline academy shall not discriminate in its pupil admissions
25 policies or practices on the basis of intellectual or athletic
26 ability, measures of achievement or aptitude, status as a
27 handicapped person with a disability, or any other basis that
1 would be illegal if used by a school district. However, a strict
2 discipline academy may limit admission to pupils who are within a
3 particular range of age or grade level or on any other basis that
4 would be legal if used by a school district.
5 (3) A strict discipline academy shall be established under
6 sections 1311b to 1311l specifically for enrolling 1 or more of
7 the following types of pupils:
8 (a) Pupils placed in the strict discipline academy by a
9 court or by the department of human services or a county juvenile
10 agency under the direction of a court.
11 (b) Pupils who have been expelled under section 1311(2).
12 (c) Pupils who have been expelled under section 1311a or
13 another provision of this act.
14 (d) Other pupils who have been expelled from school, or
15 pupils who have been suspended from school for a suspension that
16 is for a period in excess of 10 school days, and who are referred
17 to the strict discipline academy by that pupil's school and
18 placed in the strict discipline academy by the pupil's parent or
19 legal guardian. However, a suspended pupil shall be allowed to
20 attend the strict discipline academy only for the duration of the
21 suspension.
22 (4) In addition to the types of pupils specified in
23 subsection (3), a strict discipline public school academy shall
24 be open for enrollment of a special education pupil who does not
25 meet the requirements of subsection (3) if the special education
26 pupil's individualized education program team recommends that the
27 special education pupil be placed in the strict discipline public
1 school academy. As used in this subsection, "individualized
2 education program team" means that term as defined in section 614
3 of part B of title VI of the individuals with disabilities
4 education act, 20 USC 1414.
5 (5) A strict discipline academy shall enroll only 1 or more
6 of the types of pupils described in subsection (3) or (4). A
7 strict discipline academy is not required to keep any group of
8 pupils described in subsection (3) or (4) physically separated
9 from another group of those pupils, as might otherwise be
10 required under section 1311, section 1311a, or another provision
11 of this act.
12 (6) Strict discipline academies are not intended to enroll
13 or otherwise be used to educate individuals who are committed to
14 a high-security or medium-security juvenile facility operated by
15 the department of human services or another state department or
16 agency. Further, if the department of corrections or another
17 state department or agency other than the department of human
18 services has custody of or jurisdiction over a child, that state
19 department or agency has the financial responsibility for
20 educating the child.
21 (7) Except for a foreign exchange student who is not a
22 United States citizen, a strict discipline academy shall not
23 enroll a pupil who is not a resident of this state. Enrollment in
24 the strict discipline academy may be open to all individuals who
25 reside in this state who meet the admission policy under
26 subsections (3) and (4) and shall be open to all pupils who
27 reside within the geographic boundaries, if any, of the
1 authorizing body as described in section 1311d who meet the
2 admission policy under subsections (3) and (4), except that
3 admission to a strict discipline academy authorized by the board
4 of a community college to operate, or operated by the board of a
5 community college, on the grounds of a federal military
6 installation, as described in section 1311d, shall be open to all
7 pupils who reside in the county in which the federal military
8 installation is located who meet the admission policy under
9 subsections (3) and (4). For a strict discipline academy
10 authorized by a state public university, enrollment shall be open
11 to all pupils who reside in this state who meet the admission
12 policy under subsections (3) and (4). If there are more
13 applications to enroll in the strict discipline academy than
14 there are spaces available, pupils shall be selected to attend
15 using a random selection process. However, a strict discipline
16 academy may give enrollment priority to a sibling of a pupil
17 enrolled in the strict discipline academy. Except for a suspended
18 pupil who is attending the strict discipline academy for the
19 duration of the suspension, a strict discipline academy shall
20 allow any pupil who was enrolled in the strict discipline academy
21 in the immediately preceding school year to enroll in the strict
22 discipline academy in the appropriate grade unless the
23 appropriate grade is not offered at that strict discipline
24 academy.
25 (8) A strict discipline academy may include any grade up to
26 grade 12 or any configuration of those grades, including
27 kindergarten and early childhood education, as specified in its
1 contract. The authorizing body may approve amendment of a
2 contract with respect to ages of pupils or grades offered.
3 Sec. 1321. (1) Subject to the balance of this section, the
4 board of a school district providing transportation for its
5 resident pupils, other than handicapped pupils persons with a
6 disability transported under article 3 or other pupils who cannot
7 safely walk to school, shall provide transportation for each
8 resident public or nonpublic school pupil if all of the following
9 requirements are met:
10 (a) The school district provides transportation for the
11 elementary school level, middle or junior high school level, or
12 high school level, as defined by the local school board, in which
13 the pupil is enrolled.
14 (b) The pupil is a person for whom the school district is
15 eligible to receive state school aid for transportation.
16 (c) The pupil is attending either the public or the nearest
17 state approved nonpublic school in the school district to which
18 the pupil is eligible to be admitted.
19 (2) Transportation provided under subsection (1) shall be
20 without charge to the resident pupil, the parent, guardian, or
21 person standing in loco parentis to the pupil.
22 (3) A school district is not required to transport or pay
23 for transportation of a resident pupil living within 1-1/2 miles,
24 by the nearest traveled route, to the public or state approved
25 nonpublic school in which the pupil is enrolled. A school
26 district is not required to transport or pay for the
27 transportation of a resident pupil attending a nonpublic school
1 who lives in an area less than 1-1/2 miles from a public school
2 in which public school pupils are not transported, except that
3 the school district is required to transport or pay for the
4 transportation of the resident pupil from the public school
5 within the area to the nonpublic school the pupil attends.
6 (4) A school district is not required to transport or pay
7 for the transportation of resident pupils to state approved
8 nonpublic schools located outside the district unless the school
9 district transports some of its resident pupils, other than
10 handicapped pupils persons
with a disability under article 3, to
11 public schools located outside the district, in which case the
12 school district shall transport or pay for the transportation of
13 resident pupils attending a state approved nonpublic school at
14 least to the distance of the public schools located outside the
15 district to which the district transports resident pupils and in
16 the same general direction.
17 Sec. 1701. The state board superintendent of public
18 instruction shall do all of the following:
19 (a) Develop, establish, and continually evaluate and modify
20 in cooperation with intermediate school boards, a state plan for
21 special education which shall provide for the delivery of special
22 education programs and services designed to develop the maximum
23 potential of every handicapped person with a disability. The plan
24 shall coordinate all special education programs and services.
25 (b) Require each intermediate school board to submit a plan
26 pursuant to section 1711, in accordance with the state plan, to
27 be approved by the state board superintendent of public
1 instruction.
2 (c) Promulgate rules setting forth the requirements of the
3 plans and procedures for submitting them.
4 Sec. 1701a. For the purposes of ensuring that a handicapped
5 person with a disability enrolled in a public school academy
6 created under part 6a or 6b is provided with special education
7 programs and services, the public school academy is considered to
8 be a local school district under this article.
9 Sec. 1711. (1) The intermediate school board shall do all of
10 the following:
11 (a) Develop, establish, and continually evaluate and modify
12 in cooperation with its constituent districts, a plan for special
13 education which shall provide that provides for the
delivery of
14 special education programs and services designed to develop the
15 maximum potential of each handicapped person with a disability of
16 whom the intermediate school board is required to maintain a
17 record under subdivision (f). The plan shall coordinate the
18 special education programs and services operated or contracted
19 for by the constituent districts and shall be submitted to the
20 state board superintendent
of public instruction for its
21 approval.
22 (b) Contract for the delivery of a special education program
23 or service, in accordance with the intermediate school district
24 plan in compliance with section 1701. Under the contract the
25 intermediate school board may operate special education programs
26 or services and furnish transportation services and room and
27 board.
1 (c) Employ or engage special education personnel in
2 accordance with the intermediate school district plan, and
3 appoint a director of special education meeting the
4 qualifications and requirements of the rules promulgated by the
5 state board superintendent
of public instruction.
6 (d) Accept and use available funds or contributions from
7 governmental or private sources for the purpose of providing
8 special education programs and services consistent with this
9 article.
10 (e) Lease, purchase, or otherwise acquire vehicles, sites,
11 buildings, or portions thereof, and equip them for its special
12 education staff, programs, and services.
13 (f) Maintain a record of each handicapped person with a
14 disability under 26 years of age, who is a resident of 1 of its
15 constituent districts and who has not completed a normal course
16 of study and graduated from high school, and the special
17 education programs or services in which the handicapped person
18 with a disability is participating on the fourth Friday after
19 Labor day and Friday before Memorial day. The sole basis for
20 determining the local school district in which a handicapped
21 person with a disability is a resident shall be the rules
22 promulgated by the state board superintendent of public
23 instruction notwithstanding the provisions of section 1148. The
24 records shall be maintained in accordance with rules promulgated
25 by the state board superintendent
of public instruction.
26 (g) Have the authority to place in appropriate special
27 education programs or services a handicapped person with a
1 disability for whom a constituent district is required to provide
2 special education programs or services under section 1751.
3 (h) Investigate special education programs and services
4 operated or contracted for by the intermediate school board or
5 constituent district boards and report in writing failures to
6 comply with the provisions of a contract, statute, or rule
7 governing the special education programs and services or with the
8 intermediate school district plan, to the local school district
9 board and to the state board superintendent of public
10 instruction.
11 (i) Operate the special education programs or services or
12 contract for the delivery of special education programs or
13 services by local school district boards, in accordance with
14 section 1702, as if a local school district under section 1751.
15 The contract shall provide for items stated in section 1751 and
16 shall be approved by the state board superintendent of public
17 instruction. The intermediate school board shall contract for the
18 transportation, or room and board, or both, or persons
19 participating in the program or service as if a local school
20 district board under sections 1756 and 1757.
21 (j) Receive the report of a parent or guardian or, with the
22 consent of a parent or guardian, receive the report of a licensed
23 physician, registered nurse, social worker, or school or other
24 appropriate professional personnel whose training and
25 relationship to handicapped persons with a disability provide
26 competence to judge same them and who in good faith
believes that
27 a person under 26 years of age examined by the professional is or
1 may be handicapped a
person with a disability, and
immediately
2 evaluate the person pursuant to rules promulgated by the state
3 board superintendent
of public instruction. A person making
or
4 filing this report or a local school district board shall not
5 incur liability to a person by reason of filing the report or
6 seeking the evaluation, unless lack of good faith is proven.
7 (k) Evaluate pupils in accordance with section 1311.
8 (2) The intermediate school board may expend up to 10% of
9 the annual budget but not to exceed $12,500.00, for special
10 education programs approved by the intermediate school board
11 without having to secure the approval of the state board
12 superintendent of public instruction.
13 Sec. 1723. The ballot submitting the question of the
14 adoption of sections 1722 to 1729 to the school electors of an
15 intermediate school district shall be substantially in the
16 following form:
17 "Shall the ____________ (legal name of the intermediate
18 school district), state of Michigan, come under sections 1722 to
19 1729 of the revised school code, which are designed to encourage
20 the education of handicapped persons with a disability, if the
21 annual property tax levied for administration is limited to _____
22 mills?
23 Yes ( )
24 No ( )".
25 Sec. 1724. Subject to section 1724a, an intermediate school
26 board operating under sections 1722 to 1729 may direct that the
27 question of increasing the millage limit on the annual property
1 tax levied for special education be submitted to the school
2 electors of the intermediate school district. The election shall
3 be called and held in the manner provided in section 661. The
4 ballot shall be substantially in the following form:
5 "Shall the ________________ mill limitation on the annual
6 property tax previously approved by the electors of the
7 _______________________________________________, state of
8 (legal name of the intermediate school district)
9 Michigan, for the education of handicapped persons with a
10 disability be increased by ____________ mills?
11 Yes ( )
12 No ( )".
13 Sec. 1751. (1) The board of a local school district shall
14 provide special education programs and services designed to
15 develop the maximum potential of each handicapped person with a
16 disability in its district on record under section 1711 for whom
17 an appropriate educational or training program can be provided in
18 accordance with the intermediate school district special
19 education plan, in either of the following ways or a combination
20 thereof:
21 (a) Operate the special education program or service.
22 (b) Contract with its intermediate school board, another
23 intermediate school board, another local school district board,
24 an adjacent school district board in a bordering state, the
25 Michigan school for the blind, the Michigan school for the deaf
26
and blind, the department of mental community health, the
27 department of social human
services, or any combination thereof,
28 for delivery of the special education programs or services, or
1 with an agency approved by the state board superintendent of
2 public instruction for delivery of an ancillary professional
3 special education service. The intermediate school district of
4 which the local school district is constituent shall be a party
5 to each contract even if the intermediate school district does
6 not participate in the delivery of the program or services.
7 (2) A local school district contract for the provision of a
8 special education program or service shall provide specifically
9 for:
10 (a) Special education buildings, equipment, and personnel
11 necessary for the operation of the subject program or service.
12 (b) Transportation or room and board, or both, for persons
13 participating in the programs or services as required under
14 sections 1756 and 1757.
15 (c) The contribution to be made by the sending local school
16 district if the program or service is to be operated by another
17 party to the contract. The contribution shall be in accordance
18 with rules promulgated by the state board superintendent of
19 public instruction.
20 (d) Other matters which the parties deem consider
21 appropriate.
22 (3) Each program or service operated or contracted for by a
23 local school district shall be in accordance with the
24 intermediate school district's plan established pursuant to
25 section 1711.
26 (4) A local school district may provide additional special
27 education programs and services not included in, or required by,
1 the intermediate school district plan.
2 (5) This section shall be construed to allow operation of
3 programs by departments of state government without local school
4 district contribution.
5 Sec. 1752. Beginning July 1, 2006, the board of a local
6 school district or other public agency responsible for providing
7 programs or services under this act to a child person with
a
8 disability is responsible for 75% of the costs of providing a due
9 process hearing pursuant to R 340.1882 of the Michigan
10 administrative code.
11 Sec. 1756. The board of a local school district shall
12 provide by contract or agreement for the transportation of a
13 handicapped person with a disability who would otherwise be
14 unable to participate in an appropriate special education program
15 or service operated or contracted for by the local school
16 district under section 1751, except for a handicapped person with
17 a disability in residence at facilities operated by the
18 department of mental community
health or the department of social
19 human services. The board of a school district may provide for
20 weekend transportation of a handicapped person with a disability
21 in residence at the Michigan school for the blind and the
22 Michigan school for the deaf and blind.
23 Sec. 1757. The board of a local school district shall
24 provide by contract or otherwise for the room and board of a
25 handicapped person with a disability who would otherwise be
26 unable to participate in an appropriate special education program
27 or service operated or contracted for by the local school
1 district board pursuant to section 1751, except those operated by
2 the Michigan school for the blind, the Michigan school for the
3 deaf and blind, the department of mental community health, or the
4 department of social human
services.
5 Sec. 1761. The board of a local school district shall not
6 solicit nor seek reimbursement from a handicapped person with a
7 disability or another person otherwise liable for the care of the
8 handicapped person with a disability for cost of a special
9 education program or service attributable to the expense for room
10 and board. The board of a local school district shall have the
11 right to reimbursement for room and board in an amount which may
12 be paid reasonably by the person in accordance with rules
13 promulgated by the state board superintendent of public
14 instruction.