HB-5619, As Passed House, December 14, 2016

HB-5619, As Passed Senate, December 13, 2016

SUBSTITUTE FOR

HOUSE BILL NO. 5619

     A bill to amend 1976 PA 451, entitled

"The revised school code,"

(MCL 380.1 to 380.1852) by adding section 1310c.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1310c. (1) A school board or its designee shall consider

using restorative practices as an alternative or in addition to

suspension or expulsion under this act. If a school board or its

designee suspends or expels a pupil under this act, the school

board or its designee shall consider using restorative practices in

addition to suspension or expulsion. If a school board or its

designee decides not to suspend or expel a pupil for a disciplinary

issue, the school board or its designee shall consider using

restorative practices to address the disciplinary issue.

     (2) Restorative practices may include victim-offender

conferences that are initiated by the victim; that are approved by

House Bill No. 5619 as amended June 1, 2016

as amended December 13, 2016

the victim's parent or legal guardian or, if the victim is at least

age 15, by the victim; that are attended voluntarily by the victim,

a victim advocate, the offender, members or the school community,

and supporters of the victim and the offender; and that provide an

opportunity for the offender to accept responsibility for the harm

caused to those affected by the misconduct and to participate in

setting consequences to repair the harm. The attendees, known as a

restorative practices team, may require the pupil to do 1 or more

of the following: apologize; participate in community service,

restoration, or counseling; or pay restitution. The selected

consequences shall be incorporated into an agreement that sets time

limits for completion of the consequences and is signed by all

participants. Restorative practices should be the first

consideration to remediate offenses such as interpersonal

conflicts, bullying, verbal and physical conflicts, theft, damage

to property, class disruption, and harassment and cyberbullying.

     (3) As used in this section:

     (a) "Bullying" and "cyberbullying" mean those terms as defined

in section 1310b.

     (b) "Restorative practices" means practices that emphasize

repairing the harm to the victim and the school community caused by

a pupil's misconduct.

     (c) "School board" means a school board, intermediate school

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

     (d) "School district" means a school district, an intermediate

school district, or a public school academy.

<<Enacting section 1. This amendatory act takes effect August 1,

2017.[

House Bill No. 5619 as amended June 1, 2016

                     as amended December 13, 2016

]>>