Bill Text: MI HB4988 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Education; other; certain school policies regarding cooperation with federal officials in relation to the immigration status of certain individuals; prohibit. Amends 1976 PA 451 (MCL 380.1 - 380.1852) by adding sec. 1306a.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-09-18 - Bill Electronically Reproduced 09/18/2019 [HB4988 Detail]
Download: Michigan-2019-HB4988-Introduced.html
HOUSE BILL NO. 4988
September 17, 2019, Introduced by Rep. Lower
and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
(MCL 380.1 to 380.1852) by adding section 1306a.
the people of the state of michigan enact:
Sec. 1306a. (1) The board of a school
district or intermediate school district or the board of directors of a public
school academy shall not adopt or implement a policy that categorically limits
or prohibits an employee of, or individual working at a school operated by, the
school district, intermediate school district, or public school academy from
communicating or cooperating with appropriate federal officials concerning the
immigration status of an individual in this state.
(2)
If a school district, intermediate school district, or public school academy
has an existing policy that does not comply with subsection (1), the board of
the school district or intermediate school district or the board of directors
of the public school academy shall rescind the policy or ensure that the policy
is modified to comply with subsection (1) not later than 60 days after the
effective date of the amendatory act that added this section.
(3) Beginning 61 days after the effective date of the amendatory act that added this section, if a school district, intermediate school district, or public school academy adopts or implements a policy that violates this section or fails to rescind or modify an existing policy as required under subsection (2), a qualified individual may do either of the following:
(a) Bring an action to enforce this section in the circuit court in the judicial district in which that school district, intermediate school district, or public school academy is located.
(b) File a complaint with the attorney general on a form prescribed by the attorney general.
(4) The attorney general may receive complaints regarding violations of this section and investigate those complaints. A school district, intermediate school district, or public school academy shall cooperate with any investigation conducted by the department of the attorney general concerning a violation of this section.
(5) Beginning 61 days after the effective date of the amendatory act that added this section, if a school district, intermediate school district, or public school academy adopts or implements a policy that violates this section or fails to rescind or modify an existing policy as required under subsection (2), the attorney general shall bring an action to enforce this section in the circuit court in the judicial district in which that school district, intermediate school district, or public school academy is located.
(6) If a qualified individual brings an action as described in subsection (3), or if the attorney general brings an action as described in subsection (5), and the court determines that the policy violates this section, the court shall do all of the following, as applicable:
(a) Issue an injunction restraining the school district, intermediate school district, or public school academy from implementing the policy.
(b) Order the school district, intermediate school district, or public school academy to rescind the policy or modify the policy so that it is in compliance with this section.
(c) Award actual damages, costs, and reasonable attorney fees to the party challenging the policy.
(7) In addition to the requirements under subsection (1), if the court determines that the board of a school district or intermediate school district or the board of directors of a public school academy, or a designee of the board or board of directors, knowingly and willfully adopted or implemented a policy or failed to rescind or modify an existing policy in violation of this section, then the court shall asses a civil fine of not less than $2,500.00 and not more than $7,500.00 against that school district, intermediate school district, or public school academy, in addition to any other penalty provided by law.
(8) As used in this section:
(a) "Community college" means that term as defined in section 501.
(b) "Qualified individual" means any of the following, as applicable:
(i) For an action brought or a complaint filed against a school district or intermediate school district under this section, a resident of the school district or intermediate school district.
(ii) For an action brought or complaint filed against a public school academy under this section, any of the following, as applicable:
(A) If the public school academy's authorizing body is the board of a school district, a resident of that school district.
(B) If the public school academy's authorizing body is the board of an intermediate school district, a resident of that intermediate school district.
(C) If the public school academy's authorizing body is the board of a community college, a resident of the community college district.
(D) If the public school academy's authorizing body is the governing body of a state public university, a resident of this state.
(iii) The parent or legal guardian of a pupil enrolled in the school district, intermediate school district, or public school academy or, if the pupil is at least 18 or is an emancipated minor, the pupil.
(iv) An employee of, or individual working at a school operated by, the school district, intermediate school district, or public school academy.
(c) "State public university" means that term as defined in section 501.
