October 24, 2013, Introduced by Senator HILDENBRAND and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1311g (MCL 380.1311g), as amended by 2008 PA 1.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1311g. (1) A strict discipline academy may be located in
all or part of an existing public school building. Except for a
strict discipline academy that includes pupils who are the
responsibility of a county juvenile agency, a strict discipline
academy shall not operate at a site other than the single site
requested for the configuration of grades that will use the site,
as specified in the application required under section 1311d and in
the contract.
(2) A strict discipline academy shall not charge tuition.
Except
as otherwise provided in subsection (5), (6), a strict
discipline academy shall not discriminate in its pupil admissions
policies or practices on the basis of intellectual or athletic
ability, measures of achievement or aptitude, status as a student
with a disability, or any other basis that would be illegal if used
by a school district. However, a strict discipline academy may
limit admission to pupils who are within a particular range of age
or grade level or on any other basis that would be legal if used by
a school district.
(3) A strict discipline academy shall be established under
sections
1311b to 1311l 1311m specifically
for enrolling 1 or more
of the following types of pupils:
(a) Pupils placed in the strict discipline academy by a court
or by the department of human services or a county juvenile agency
under the direction of a court.
(b) Pupils who have been expelled under section 1311(2).
(c) Pupils who have been expelled under section 1311a or
another provision of this act.
(d) Other pupils who have been expelled from school, or pupils
who have been suspended from school for a suspension that is for a
period in excess of 10 school days, and who are referred to the
strict discipline academy by that pupil's school and placed in the
strict discipline academy by the pupil's parent or legal guardian.
However, a suspended pupil shall be allowed to attend the strict
discipline academy only for the duration of the suspension.
(4) In addition to the types of pupils specified in subsection
(3),
a strict discipline public school academy shall be open for
enrollment of a special education pupil who does not meet the
requirements of subsection (3) if the special education pupil's
individualized education program team recommends that the special
education
pupil be placed in the strict discipline public school
academy. As used in this subsection, "individualized education
program team" means that term as defined in section 614 of part B
of title VI of the individuals with disabilities education act, 20
USC 1414.
(5) In addition to the types of pupils specified in
subsections (3) and (4), a strict discipline academy may enroll a
pupil who is placed in a high-security or medium-security juvenile
facility, mental health facility, or child caring institution that
is operated by a private agency.
(6) (5)
A strict discipline academy shall
enroll only 1 or
more
of the types of pupils described in subsection (3) or (4).
subsections (3) to (5). A strict discipline academy is not required
to
keep any group of pupils described in subsection (3) or (4)
subsections (3) to (5) physically separated from another group of
those pupils, as might otherwise be required under section 1311,
section 1311a, or another provision of this act.
(7) (6)
Strict discipline academies are not
intended to enroll
or otherwise be used to educate individuals who are committed to a
high-security or medium-security juvenile facility operated by the
department of human services or another state department or agency.
Further, if the department of corrections or another state
department or agency other than the department of human services
has custody of or jurisdiction over a child, that state department
or agency has the financial responsibility for educating the child.
(8) (7)
Except for a foreign exchange
student who is not a
United States citizen, a strict discipline academy shall not enroll
a pupil who is not a resident of this state. Enrollment in the
strict discipline academy may be open to all individuals who reside
in this state who meet the admission policy under subsections (3)
and
(4) to (5) and shall be open to all pupils who reside within
the geographic boundaries, if any, of the authorizing body as
described in section 1311d who meet the admission policy under
subsections
(3) and (4), to (5), except that admission to a strict
discipline academy authorized by the board of a community college
to operate, or operated by the board of a community college, on the
grounds of a federal military installation, as described in section
1311d, shall be open to all pupils who reside in the county in
which the federal military installation is located who meet the
admission
policy under subsections (3) and (4). to (5). For a
strict discipline academy authorized by a state public university,
enrollment shall be open to all pupils who reside in this state who
meet
the admission policy under subsections (3) and (4). to (5). If
there are more applications to enroll in the strict discipline
academy than there are spaces available, pupils shall be selected
to attend using a random selection process. However, a strict
discipline academy may give enrollment priority to a sibling of a
pupil enrolled in the strict discipline academy. Except for a
suspended pupil who is attending the strict discipline academy for
the duration of the suspension, a strict discipline academy shall
allow any pupil who was enrolled in the strict discipline academy
in the immediately preceding school year to enroll in the strict
discipline academy in the appropriate grade unless the appropriate
grade is not offered at that strict discipline academy.
(9) (8)
A strict discipline academy may
include any grade up
to grade 12 or any configuration of those grades, including
kindergarten and early childhood education, as specified in its
contract. The authorizing body may approve amendment of a contract
with respect to ages of pupils or grades offered.