HB-5695, As Passed House, December 14, 2016
HB-5695, As Passed Senate, December 13, 2016
HOUSE BILL No. 5695
May 25, 2016,
Introduced by Rep. Lucido and referred to the Committee on Education.
A
bill to amend 1976 PA 451, entitled
"The
revised school code,"
by
amending section 1311a (MCL 380.1311a), as amended by 2007 PA
138.
THE
PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
1311a. (1) If Subject to
section 1310d, if a pupil
enrolled
in grade 6 or above commits a physical assault at school
against
a person employed by or engaged as a volunteer or
contractor
by the school board and the physical assault is reported
to
the school board, school district superintendent, or building
principal
by the victim or, if the victim is unable to report the
assault,
by another person on the victim's behalf, then the school
board,
or the designee of the school board as described in section
1311(1)
on behalf of the school board, shall expel the pupil from
the
school district permanently, subject to possible reinstatement
under
subsection (5). A district superintendent or building
principal
who receives a report described in this subsection shall
forward
the report to the school board.
(2)
If Subject to section
1310d, if a pupil enrolled in grade
6
or above commits a verbal assault, as defined by school board
policy,
at school against a person employed by or engaged as a
volunteer
or contractor by the school board and the verbal assault
is
reported to the school board, school district superintendent, or
building
principal by the victim or, if the victim is unable to
report
the verbal assault, by another person on the victim's
behalf,
or if a pupil enrolled in grade 6 or above makes a bomb
threat
or similar threat directed at a school building, other
school
property, or a school-related event, then the school board,
or
the designee of the school board as described in section 1311(1)
on
behalf of the school board, shall suspend or expel the pupil
from
the school district for a period of time as determined in the
discretion
of the school board or its designee. A district
superintendent
or building principal who receives a report
described
in this subsection shall forward the report to the school
board.
Notwithstanding section 1147, a school district is not
required
to allow an individual expelled from another school
district
under this subsection to attend school in the school
district
during the expulsion.
(3)
If an individual is permanently expelled pursuant to this
section,
the expelling school district shall enter on the
individual's
permanent record that he or she has been permanently
expelled
pursuant to this section. Except if a school district
operates
or participates cooperatively in an alternative education
program
appropriate for individuals expelled pursuant to this
section
and section 1311(2) and in its discretion admits the
individual
to that program, and except for a strict discipline
academy
established under sections 1311b to 1311l, 1311m,
an
individual
permanently expelled pursuant to this section is
expelled
from all public schools in this state and the officials of
a
school district shall not allow the individual to enroll in the
school
district unless the individual has been reinstated under
subsection
(5). Except as otherwise provided by law, a program
operated
for individuals expelled pursuant to this section and
section
1311(2) shall ensure that those individuals are physically
separated
at all times during the school day from the general pupil
population.
If an individual permanently expelled from a school
district
pursuant to this section is not placed in an alternative
education
program or strict discipline academy, the school district
may
provide, or may arrange for the intermediate school district to
provide,
appropriate instructional services to the individual at
home.
The type of services provided shall meet the requirements of
section
6(4)(u) of the state school aid act of 1979, MCL 388.1606,
and
the services may be contracted for in the same manner as
services
for homebound pupils under section 109 of the state school
aid
act of 1979, MCL 388.1709. This subsection does not require a
school
district to expend more money for providing services for a
pupil
permanently expelled pursuant to this section than the amount
of
the foundation allowance the school district receives for the
pupil
under section 20 of the state school aid act of 1979, MCL
388.1620.
(4)
If a school board permanently expels an individual
pursuant
to this section, the school board shall ensure that,
within
3 days after the expulsion, an official of the school
district
refers the individual to the appropriate county department
of
social services or county community mental health agency and
notifies
the individual's parent or legal guardian or, if the
individual
is at least age 18 or is an emancipated minor, notifies
the
individual of the referral.
(5)
The parent or legal guardian of an individual permanently
expelled
pursuant to this section or, if the individual is at least
age
18 or is an emancipated minor, the individual may petition the
expelling
school board for reinstatement of the individual to
public
education in the school district. If the expelling school
board
denies a petition for reinstatement, the parent or legal
guardian
or, if the individual is at least age 18 or is an
emancipated
minor, the individual may petition another school board
for
reinstatement of the individual in that other school district.
All
of the following apply to reinstatement under this subsection:
(a)
The individual's parent or legal guardian or, if the
individual
is at least age 18 or is an emancipated minor, the
individual
may initiate a petition for reinstatement at any time
after
the expiration of 150 school days after the date of
expulsion.
(b)
The individual shall not be reinstated before the
expiration
of 180 school days after the date of expulsion.
(c)
It is the responsibility of the parent or legal guardian
or,
if the individual is at least age 18 or is an emancipated
minor,
of the individual to prepare and submit the petition. A
school
board is not required to provide any assistance in preparing
the
petition. Upon request by a parent or legal guardian or, if the
individual
is at least age 18 or is an emancipated minor, by the
individual,
a school board shall make available a form for a
petition.
(d)
Not later than 10 school days after receiving a petition
for
reinstatement under this subsection, a school board shall
appoint
a committee to review the petition and any supporting
information
submitted by the parent or legal guardian or, if the
individual
is at least age 18 or is an emancipated minor, by the
individual.
The committee shall consist of 2 school board members,
1
school administrator, 1 teacher, and 1 parent of a pupil in the
school
district. During this time the superintendent of the school
district
may prepare and submit for consideration by the committee
information
concerning the circumstances of the expulsion and any
factors
mitigating for or against reinstatement.
(e)
Not later than 10 school days after all members are
appointed,
the committee described in subdivision (d) shall review
the
petition and any supporting information and information
provided
by the school district and shall submit a recommendation
to
the school board on the issue of reinstatement. The
recommendation
shall be for unconditional reinstatement, for
conditional
reinstatement, or against reinstatement, and shall be
accompanied
by an explanation of the reasons for the recommendation
and
of any recommended conditions for reinstatement. The
recommendation
shall be based on consideration of all of the
following
factors:
(i) The extent to which reinstatement of the
individual would
create
a risk of harm to pupils or school personnel.
(ii) The extent to which reinstatement of the
individual would
create
a risk of school district or individual liability for the
school
board or school district personnel.
(iii) The age and maturity of the individual.
(iv) The individual's school record before the incident
that
caused
the expulsion.
(v) The individual's attitude concerning the incident
that
caused
the expulsion.
(vi) The individual's behavior since the expulsion and
the
prospects
for remediation of the individual.
(vii) If the petition was filed by a parent or legal
guardian,
the
degree of cooperation and support that has been provided by the
parent
or legal guardian and that can be expected if the individual
is
reinstated, including, but not limited to, receptiveness toward
possible
conditions placed on the reinstatement.
(f)
Not later than the next regularly scheduled board meeting
after
receiving the recommendation of the committee under
subdivision
(e), a school board shall make a decision to
unconditionally
reinstate the individual, conditionally reinstate
the
individual, or deny reinstatement of the individual. The
decision
of the school board is final.
(g)
A school board may require an individual and, if the
petition
was filed by a parent or legal guardian, his or her parent
or
legal guardian to agree in writing to specific conditions before
reinstating
the individual in a conditional reinstatement. The
conditions
may include, but are not limited to, agreement to a
behavior
contract, which may involve the individual, parent or
legal
guardian, and an outside agency; participation in or
completion
of an anger management program or other appropriate
counseling;
periodic progress reviews; and specified immediate
consequences
for failure to abide by a condition. A parent or legal
guardian
or, if the individual is at least age 18 or is an
emancipated
minor, the individual may include proposed conditions
in
a petition for reinstatement submitted under this subsection.
(6)
A school board or school administrator that complies with
this
section is not liable for damages for suspending or expelling
a
pupil pursuant to this section, and the authorizing body of a
public
school academy is not liable for damages for suspension or
expulsion
of a pupil by the public school academy pursuant to this
section.
(7)
The department shall develop and distribute to all school
districts
a form for a petition for reinstatement to be used under
subsection
(5). The department may designate the form used for a
petition
for reinstatement under section 1311 as a form that may be
used
under this section.
(8)
This section does not diminish any rights under federal
law
of a pupil who has been determined to be eligible for special
education
programs and services.
(9)
If a pupil expelled from a school district pursuant to
this
section is enrolled by a public school district sponsored
alternative
education program or a public school academy during the
period
of expulsion, the public school academy or the alternative
education
program is immediately eligible for the prorated share of
either
the public school academy's or operating school district's
foundation
allowance or the expelling school district's foundation
allowance,
whichever is higher.
(10)
A school board or its designee shall report all assaults
described
in subsection (1) or (2) to appropriate state or local
law
enforcement officials and prosecutors as provided in the
statewide
school safety information policy under section 1308.
(11)
If an individual is expelled pursuant to this section, it
is
the responsibility of that individual and of his or her parent
or
legal guardian to locate a suitable educational program and to
enroll
the individual in such a program during the expulsion. The
office
for safe schools in the department shall compile information
on
and catalog existing alternative education programs or schools
and
nonpublic schools that may be open to enrollment of individuals
expelled
pursuant to this section and pursuant to section 1311(2),
and
shall periodically distribute this information to school
districts
for distribution to expelled individuals. A school board
that
establishes an alternative education program or school
described
in this subsection shall notify the office of safe
schools
about the program or school and the types of pupils it
serves.
The office for safe schools also shall work with and
provide
technical assistance to school districts, authorizing
bodies
for public school academies, and other interested parties in
developing
these types of alternative education programs or schools
House Bill No.
5695 as amended June 1, 2016
as amended December 13, 2016
in
geographic areas that are not being served.
(12)
As used in this section:
(a)
"At school" means in a classroom, elsewhere on school
premises,
on a school bus or other school-related vehicle, or at a
school-sponsored
activity or event whether or not it is held on
school
premises.
(b)
"Physical assault" means intentionally causing or
attempting
to cause physical harm to another through force or
violence.
(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, a local act
school
district, an intermediate school
district, or a public
school
academy.
Enacting
section 1. This amendatory act takes effect August 1,
[<<2017.>>]
Enacting
section 2. This amendatory act does not take effect
unless
House Bill No. 5618 of the 98th Legislature is enacted into
law.