Bill Text: MI HB4379 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Education: discipline; certain actions regarding pupil who reports being sexually assaulted; require, and prohibit pupil from being expelled for reported incident. Amends 1976 PA 451 (MCL 380.1 - 380.1852) by adding sec. 1310e.
Spectrum: Moderate Partisan Bill (Democrat 36-6)
Status: (Introduced - Dead) 2019-03-19 - Bill Electronically Reproduced 03/14/2019 [HB4379 Detail]
Download: Michigan-2019-HB4379-Introduced.html
HOUSE BILL No. 4379
March 14, 2019, Introduced by Reps. Rabhi, Pagan, Hornberger, Glenn, Alexander, Witwer, Pohutsky, Anthony, Brixie, Clemente, Ellison, Guerra, Hoadley, Hammoud, Garza, Whiteford, Neeley, LaGrand, Rendon, Kuppa, Sabo, Elder, Sowerby, Camilleri, Bolden, Hertel, Whitsett, Kennedy, Koleszar, Sneller, Tyrone Carter, Hauck, Shannon, Tate, Lasinski, Greig, Byrd, Garrett, Warren, Wittenberg, Gay-Dagnogo and Jones and referred to the Committee on Judiciary.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
(MCL 380.1 to 380.1852) by adding section 1310e.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1310e. (1) Notwithstanding any other provision of this
act, except as otherwise provided in subsection (2), the board of a
school district or intermediate school district or board of
directors of a public school academy shall not expel a pupil, or
suspend a pupil for more than 10 school days, for an action that
the pupil took arising out of an incident in which the pupil
reports being sexually assaulted or an incident in which a school
official or staff member witnesses a sexual assault on the pupil or
receives credible evidence that the pupil has been sexually
assaulted. The board of a school district or intermediate school
district or board of directors of a public school academy is
encouraged to follow the recommendations or guidance of the title
IX coordinator for the school district, intermediate school
district, or public school academy in deciding whether to expel or
suspend a pupil described in this subsection.
(2) Subsection (1) does not apply to a pupil if any of the
following are met concerning an incident reported under subsection
(1):
(a) The pupil is convicted of, pleads guilty to, pleads
responsible for, or is adjudicated responsible for aggravated
assault, felonious assault, assault with intent to commit murder,
assault with intent for great bodily harm, assault with intent to
maim, attempted murder, homicide, or manslaughter, in violation of
section 81a, 82, 83, 84, 86, 91, 316, 317, or 321 of the Michigan
penal code, 1931 PA 328, MCL 750.81a, 750.82, 750.83, 750.84,
750.86, 750.91, 750.316, 750.317, and 750.321, or an act
constituting criminal sexual assault in violation of section 520b,
520c, 520d, 520e, or 520g of the Michigan penal code, 1931 PA 328,
MCL 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g in a court
of competent jurisdiction.
(b) The pupil commits an act described under section 1311(2).
(c) A completed title IX investigation determines by clear and
convincing evidence that the report of sexual assault is
conclusively false.
(3) As used in this section:
(a) "Sexual assault" means an act that constitutes criminal
sexual conduct in violation of section 520b, 520c, 520d, 520e, or
520g of the Michigan penal code, 1931 PA 328, MCL 750.520b,
750.520c, 750.520d, 750.520e, and 750.520g.
(b) "Title IX" means title IX of the education amendments of
1972, 20 USC 1681 to 1688.
(c) "Title IX coordinator" means the official responsible for
overseeing compliance with title IX of the education amendments of
1972, 20 USC 1681 to 1688.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
