Bill Text: MI HB5360 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Education; school districts; foster youth educational rights; establish. Amends secs. 1135, 1136, 1148 & 1311 of 1976 PA 451 (MCL 380.1135 et seq.) & adds sec. 1149.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-12-28 - Bill Electronically Reproduced 12/13/2017 [HB5360 Detail]

Download: Michigan-2017-HB5360-Introduced.html

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HOUSE BILL No. 5360

 

 

December 13, 2017, Introduced by Rep. Kosowski and referred to the Committee on Education Reform.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending sections 1135, 1136, 1148, and 1311 (MCL 380.1135,

 

380.1136, 380.1148, and 380.1311), section 1135 as added by 1987 PA

 

84, section 1136 as added by 2016 PA 367, section 1148 as amended

 

by 2009 PA 186, and section 1311 as amended by 2016 PA 364, and by

 

adding section 1149.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1135. (1) Upon Except for an individual enrolling a

 

student who is in foster care, upon enrollment of a student for the

 

first time in a local school district, public school academy, or

 

intermediate school district, the district shall notify in writing

 

the person individual enrolling the student that within 30 days he

 

or she shall provide to the local school district, public school

 

academy, or intermediate school district either of the following:

     (a) A certified copy of the student's birth certificate.

 

     (b) Other reliable proof, as determined by the school

 

district, public school academy, or intermediate school district of

 

the student's identity and age, and an affidavit explaining the

 

inability to produce a copy of the birth certificate.

 

     (2) If a person Except for an individual enrolling a student

 

who is in foster care, if an individual enrolling a student fails

 

to comply with subsection (1), the local school district, public

 

school academy, or intermediate school district shall notify the

 

person individual enrolling the student in writing that, unless he

 

or she complies within 30 days after the notification, the case

 

shall be referred to the local law enforcement agency for

 

investigation. If the person individual enrolling the student fails

 

to comply within that 30-day period, the local school district,

 

public school academy, or intermediate school district shall notify

 

the local law enforcement agency.

 

     (3) The local school district, public school academy, or

 

intermediate school district shall immediately report to the local

 

law enforcement agency any affidavit received pursuant to under

 

this section that appears inaccurate or suspicious in form or

 

content.

 

     (4) Within 14 days after enrolling a transfer student, the

 

school shall request in writing directly from the student's

 

previous school a copy of his or her school record. Any school that

 

compiles records for each student in the school and that is

 

requested to forward a copy of a transferring student's record to

 

the new school shall comply within 30 days after receipt of the

request unless the record has been tagged pursuant to under section

 

1134. If a student record has been tagged pursuant to under section

 

1134, a copy of the student record shall not be forwarded, and the

 

requested school shall notify the law enforcement agency that

 

notified the school district, public school academy, or

 

intermediate school district of the missing student pursuant to

 

section 8 of Act No. 319 of the Public Acts of 1968, being section

 

28.258 of the Michigan Compiled Laws, under section 8 of 1968 PA

 

319, MCL 28.258, of the request.

 

     (5) A local school district, public school academy, or

 

intermediate school district shall not disclose any personally

 

identifiable information contained in a student record to a law

 

enforcement agency, except in compliance with the family

 

educational rights and privacy act, 20 U.S.C. 1232g.20 USC 1232g,

 

commonly referred to as the family educational rights and privacy

 

act.

 

     (6) As used in this section, "foster care" means that term as

 

defined in section 2 of the foster care and adoption services act,

 

1994 PA 203, MCL 722.952.

 

     Sec. 1136. (1) To protect pupil privacy, the superintendent of

 

public instruction shall ensure that the department complies with

 

all of the following and the state budget director shall ensure

 

that CEPI complies with all of the following:

 

     (a) The department or CEPI shall not sell any information that

 

is part of a pupil's education records.

 

     (b) Within 30 days after the effective date of this section,

 

the department and CEPI each shall post on its website a notice of

the information it collects for a pupil's education records. The

 

notice shall include at least an inventory of all pupil data

 

elements collected by the department or CEPI and a description of

 

each pupil data element.

 

     (c) At least 30 days before initiating the collection of any

 

pupil data elements in addition to those already disclosed in the

 

inventory under subdivision (b), the department or CEPI shall post

 

on its website a notice of the additional pupil data elements it is

 

proposing to collect and an explanation of the reasons for the

 

proposal.

 

     (d) The department or CEPI shall not disclose any information

 

concerning a pupil that is collected or created by the department

 

or CEPI except in accordance with a policy adopted and made

 

publicly available by the superintendent of public instruction or

 

state budget director, as applicable, that clearly states the

 

criteria for the disclosure of the information.

 

     (e) The department or CEPI shall ensure that any contract it

 

has with a vendor that allows the vendor access to education

 

records contains express provisions requiring the vendor to protect

 

the privacy of education records and provides express penalties for

 

noncompliance.

 

     (f) If the department or CEPI provides any personally

 

identifiable information concerning a pupil that is collected or

 

created by the department or CEPI as part of the pupil's education

 

records to any person other than the school district, intermediate

 

school district, public school academy, authorizing body,

 

preschool, or postsecondary institution in which the pupil is

currently or was formerly enrolled, or the pupil's parent or legal

 

guardian, then the department or CEPI shall, if the pupil is under

 

18 years of age or claimed as a dependent on a parent's or legal

 

guardian's federal income tax return, disclose to the pupil's

 

parent or legal guardian upon his or her written request all of the

 

following:

 

     (i) The specific data fields that were disclosed.

 

     (ii) The name and contact information of each person, agency,

 

or organization to which the information has been disclosed.

 

     (iii) The reason for the disclosure.

 

     (g) The department or CEPI shall disclose the information

 

under subdivision (f) within 30 days after receiving the written

 

request and without charge to the parent or legal guardian. If the

 

department or CEPI considers it necessary to make redacted copies

 

of all or part of a pupil's education records in order to protect

 

personally identifiable information of another pupil, the

 

department or CEPI shall not charge the parent or legal guardian

 

for the cost of making those copies.

 

     (2) To protect pupil privacy, the board of a school district

 

or intermediate school district or board of directors of a public

 

school academy shall ensure that the school district, intermediate

 

school district, or public school academy complies with all of the

 

following, and the governing board of an authorizing body shall

 

ensure that the authorizing body complies with all of the

 

following:

 

     (a) A school district, an intermediate school district, a

 

public school academy, an educational management organization, or

an authorizing body shall not sell or otherwise provide to a for-

 

profit business entity any personally identifiable information that

 

is part of a pupil's education records. This subdivision does not

 

apply to any of the following situations:

 

     (i) For a pupil enrolled in a public school academy, if the

 

public school academy has a management agreement with an

 

educational management organization, the public school academy

 

providing the information to that educational management

 

organization.

 

     (ii) Providing the information as necessary for standardized

 

testing that measures the pupil's academic progress and

 

achievement.

 

     (iii) Providing the information as necessary to a person that

 

is providing educational or educational support services to the

 

pupil under a contract with the school district, intermediate

 

school district, public school academy, or educational management

 

organization.

 

     (b) Upon written request by a pupil's parent or legal

 

guardian, a school district, an intermediate school district, a

 

public school academy, or an authorizing body shall disclose to the

 

parent or legal guardian any personally identifiable information

 

concerning the pupil that is collected or created by the school

 

district, intermediate school district, public school academy, or

 

authorizing body as part of the pupil's education records.

 

     (c) Subject to the exemptions under subsection (3), if a

 

school district, intermediate school district, public school

 

academy, or authorizing body provides any information described in

subdivision (b) to any person, agency, or organization, then the

 

school district, intermediate school district, public school

 

academy, or authorizing body shall disclose to the pupil's parent

 

or legal guardian upon his or her written request all of the

 

following:

 

     (i) The specific information that was disclosed.

 

     (ii) The name and contact information of each person, agency,

 

or organization to which the information has been disclosed.

 

     (iii) The legitimate reason that the person, agency, or

 

organization had in obtaining the information.

 

     (d) A school district, an intermediate school district, a

 

public school academy, or an authorizing body shall disclose the

 

information under subdivisions (b) and (c) within 30 days after

 

receiving the written request and without charge to the parent or

 

legal guardian. If the school district, intermediate school

 

district, public school academy, or authorizing body considers it

 

necessary to make redacted copies of all or part of a pupil's

 

education records in order to protect personally identifiable

 

information of another pupil, the school district, intermediate

 

school district, public school academy, or authorizing body shall

 

not charge the parent or legal guardian for the cost of those

 

copies.

 

     (3) Subsection (2)(c) does not apply to any of the following

 

situations:

 

     (a) A school district, intermediate school district, public

 

school academy, or authorizing body providing the information to

 

the department or CEPI.

     (b) A school district, intermediate school district, public

 

school academy, or authorizing body providing the information to

 

the pupil's parent or legal guardian.

 

     (c) A public school academy providing the information to its

 

authorizing body or to an educational management organization with

 

which it has a management agreement.

 

     (d) A school district or public school academy providing the

 

information to its intermediate school district or to another

 

intermediate school district providing services to the school

 

district or public school academy or its pupils pursuant to a

 

written agreement.

 

     (e) An intermediate school district providing the information

 

to a school district or public school academy in which the pupil is

 

enrolled or to a school district or public school academy for which

 

the intermediate school district is providing services pursuant to

 

a written agreement.

 

     (f) An authorizing body providing the information to a public

 

school academy in which the pupil is enrolled.

 

     (g) Providing the information to a person, agency, or

 

organization with written consent from the pupil's parent or legal

 

guardian or, if the pupil is at least age 18, the pupil.

 

     (h) Providing the information to a person, agency, or

 

organization seeking or receiving records in accordance with an

 

order, subpoena, or ex parte order issued by a court of competent

 

jurisdiction.

 

     (i) Providing the information as necessary for standardized

 

testing that measures the pupil's academic progress and

achievement.

 

     (j) A school district, intermediate school district, public

 

school academy, or authorizing body providing information that is

 

covered by the opt-out form described in subsection (6), unless the

 

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

 

18 or is an emancipated minor, the pupil has signed and submitted

 

the opt-out form under subsection (6)(d).

 

     (k) Providing the information under subsection (8).

 

     (4) If an educational management organization receives

 

information that is part of a pupil's education records from any

 

source as permitted under this section, the educational management

 

organization shall not sell or otherwise provide the information to

 

any other person except as provided under this section.

 

     (5) In addition to ensuring compliance with subsection (1),

 

the superintendent of public instruction shall ensure that the

 

department, and the state budget director shall ensure that CEPI,

 

complies with all other applicable privacy law.

 

     (6) For the purposes of this section, each school district,

 

intermediate school district, public school academy, or authorizing

 

body shall do all of the following:

 

     (a) Develop a list of uses for which the school district,

 

intermediate school district, public school academy, or authorizing

 

body commonly would disclose a pupil's directory information.

 

     (b) Develop an opt-out form that lists all of the uses or

 

instances under subdivision (a) and allows a parent or legal

 

guardian to elect not to have his or her child's directory

 

information disclosed for 1 or more of these uses.

     (c) Present the opt-out form under subdivision (b) to each

 

pupil's parent or legal guardian within the first 30 days of the

 

school year. A school district, intermediate school district,

 

public school academy, or authorizing body also shall make the form

 

available to a parent or legal guardian at other times upon

 

request.

 

     (d) If an opt-out form under subdivision (b) is signed and

 

submitted to the school district, intermediate school district,

 

public school academy, or authorizing body by a pupil's parent or

 

legal guardian, the school district, intermediate school district,

 

public school academy, or authorizing body shall not include the

 

pupil's directory information in any of the uses that have been

 

opted out of in the opt-out form.

 

     (7) If a pupil is at least age 18 or is an emancipated minor,

 

the pupil may act on his or her own behalf under subsection (6).

 

     (8) A school district, intermediate school district, or public

 

school academy shall provide the education records of a pupil in

 

foster care to the following, upon request:

 

     (a) The pupil, if the pupil is at least 16 years of age.

 

     (b) The pupil's foster care caseworker.

 

     (c) The pupil's probation officer.

 

     (9) (8) As used in this section:

 

     (a) "Authorizing body" means that term as defined in part 6a,

 

6c, or 6e or section 1311b, as applicable.

 

     (b) "CEPI" means the center for educational performance and

 

information created under section 94a of the state school aid act

 

of 1979, MCL 388.1694a.

     (c) "Directory information" means that term as defined in 34

 

CFR 99.3.

 

     (d) "Education records" means that term as defined in 34 CFR

 

99.3.

 

     (e) "Educational management organization" means that term as

 

defined in section 503c, 523c, or 553c, as applicable.

 

     (f) "Foster care" means that term as defined in section 2 of

 

the foster care and adoption services act, 1994 PA 203, MCL

 

722.952.

 

     (g) (f) "Management agreement" means that term as defined in

 

section 503c, 523c, or 553c, as applicable.

 

     (h) (g) "Personally identifiable information" means that term

 

as defined in 34 CFR 99.3.

 

     Sec. 1148. (1) Except as provided in section 1711 and

 

subsection (2), subsections (2) and (3), a child whose parents or

 

legal guardians are unable to provide a home for the child and who

 

is placed in a licensed home or in a home of relatives in the

 

school district for the purpose of securing a suitable home for the

 

child and not for an educational purpose shall be considered a

 

resident for education purposes of the school district where the

 

home in which the child is living is located. The child shall be

 

admitted to the school in the district.

 

     (2) If a child who is under court jurisdiction under section

 

2(b) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL

 

712A.2, is placed in foster care, a school district shall allow the

 

child to enroll in and attend the appropriate grade in the school

 

selected by the department of health and human services or a child

placing agency without regard to whether or not the child is

 

residing in that school district. If the selection results in a

 

child transferring to another school, the child's school records

 

shall be transferred as provided under section 1135.

 

     (3) If a child is in foster care, a school district shall

 

allow the child to enroll in and attend the appropriate grade in

 

the school the child attended before the child's placement in

 

foster care without regard to the recommendations of the department

 

of health and human services or a child placing agency and without

 

regard to whether or not the child is residing in that school

 

district.

 

     (4) As used in this section:

 

     (a) "Foster care" means that term as defined in section 2 of

 

the foster care and adoption services act, 1994 PA 203, MCL

 

722.952.

 

     (b) "Placement" means that term as defined in section 115f of

 

the social welfare act, 1939 PA 280, MCL 400.115f.

 

     Sec. 1149. (1) If a high school pupil in foster care enrolls

 

in a new public school, the school district, intermediate school

 

district, or public school academy operating the public school

 

shall meet all of the following:

 

     (a) Grant the pupil partial credit for any course in which the

 

pupil was previously enrolled and in which the pupil was earning a

 

passing grade.

 

     (b) Enroll the pupil in classes and grade levels equivalent to

 

the classes and grade levels in which the pupil was previously

 

enrolled, as appropriate.

     (c) The school district, intermediate school district, or

 

public school academy shall not require the pupil to retake a class

 

or portion of a class the pupil has already completed with a

 

passing grade.

 

     (d) The school district, intermediate school district, or

 

public school academy shall not lower the pupil's grade if the

 

pupil is absent from school for a court hearing, placement change,

 

or court-related activity.

 

     (2) As used in this section, "foster care" means that term as

 

defined in section 2 of the foster care and adoption services act,

 

1994 PA 203, MCL 722.952.

 

     Sec. 1311. (1) Subject to subsection (2), subsections (2),

 

(12), and (13), the school board, or the school district

 

superintendent, a school building principal, or another school

 

district official if designated by the school board, may authorize

 

or order the suspension or expulsion from school of a pupil guilty

 

of gross misdemeanor or persistent disobedience if, in the judgment

 

of the school board or its designee, as applicable, the interest of

 

the school is served by the authorization or order. If there is

 

reasonable cause to believe that the pupil is a student with a

 

disability, and the school district has not evaluated the pupil in

 

accordance with rules of the superintendent of public instruction

 

to determine if the pupil is a student with a disability, the pupil

 

shall be evaluated immediately by the intermediate school district

 

of which the school district is constituent in accordance with

 

section 1711.

 

     (2) Subject to subsection (3) and section 1310d, if a pupil

possesses in a weapon free school zone a weapon that constitutes a

 

dangerous weapon, commits arson in a school building or on school

 

grounds, or commits criminal sexual conduct in a school building or

 

on school grounds, the school board, or the designee of the school

 

board as described in subsection (1) on behalf of the school board,

 

shall expel the pupil from the school district permanently, subject

 

to possible reinstatement under subsection (6). However, a school

 

board is not required to expel a pupil for possessing a weapon if

 

the pupil establishes in a clear and convincing manner at least 1

 

of the following:

 

     (a) The object or instrument possessed by the pupil was not

 

possessed by the pupil for use as a weapon, or for direct or

 

indirect delivery to another person for use as a weapon.

 

     (b) The weapon was not knowingly possessed by the pupil.

 

     (c) The pupil did not know or have reason to know that the

 

object or instrument possessed by the pupil constituted a dangerous

 

weapon.

 

     (d) The weapon was possessed by the pupil at the suggestion,

 

request, or direction of, or with the express permission of, school

 

or police authorities.

 

     (3) There is a rebuttable presumption that expulsion under

 

subsection (2) for possession of a weapon is not justified if both

 

of the following are met:

 

     (a) The school board or its designee determines in writing

 

that at least 1 of the factors listed in subsection (2)(a) to (d)

 

has been established in a clear and convincing manner.

 

     (b) The pupil has no history of suspension or expulsion.

     (4) If an individual is expelled pursuant to under subsection

 

(2), the expelling school district shall enter on the individual's

 

permanent record that he or she has been expelled pursuant to under

 

subsection (2). Except if a school district operates or

 

participates cooperatively in an alternative education program

 

appropriate for individuals expelled pursuant to under subsection

 

(2) and in its discretion admits the individual to that program,

 

and except for a strict discipline academy established under

 

sections 1311b to 1311m, an individual expelled pursuant to under

 

subsection (2) 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 (6). Except as otherwise

 

provided by law, a program operated for individuals expelled

 

pursuant to under subsection (2) shall ensure that those

 

individuals are physically separated at all times during the school

 

day from the general pupil population. If an individual expelled

 

from a school district pursuant to under subsection (2) 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 expelled pursuant to under

 

subsection (2) than the amount of the foundation allowance the

 

school district receives for the pupil as calculated under section

 

20 of the state school aid act of 1979, MCL 388.1620.

 

     (5) If a school board expels an individual pursuant to under

 

subsection (2), 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.

 

     (6) The parent or legal guardian of an individual expelled

 

pursuant to under subsection (2) 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) For an individual who was enrolled in grade 5 or below at

 

the time of the expulsion and who has been expelled for possessing

 

a firearm or threatening another person with a dangerous weapon,

 

the 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 60

 

school days after the date of expulsion. For an individual who was

 

enrolled in grade 5 or below at the time of the expulsion and who

 

has been expelled pursuant to under subsection (2) for a reason

 

other than possessing a firearm or threatening another person with

 

a dangerous weapon, the 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.

 

For an individual who was in grade 6 or above at the time of

 

expulsion, the 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) An individual who was in grade 5 or below at the time of

 

the expulsion and who has been expelled for possessing a firearm or

 

threatening another person with a dangerous weapon shall not be

 

reinstated before the expiration of 90 school days after the date

 

of expulsion. An individual who was in grade 5 or below at the time

 

of the expulsion and who has been expelled pursuant to under

 

subsection (2) for a reason other than possessing a firearm or

 

threatening another person with a dangerous weapon shall not be

 

reinstated before the expiration of 10 school days after the date

 

of the expulsion. An individual who was in grade 6 or above at the

 

time of the expulsion 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 liability 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.

 

     (7) A school board or school administrator that complies with

 

subsection (2) is not liable for damages for expelling a pupil

 

pursuant to under subsection (2), and the authorizing body of a

 

public school academy is not liable for damages for expulsion of a

 

pupil by the public school academy pursuant to under subsection

 

(2).

 

     (8) The department shall develop and distribute to all school

 

districts a form for a petition for reinstatement to be used under

 

subsection (6).

 

     (9) 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.

 

     (10) If a pupil expelled from a public school district

 

pursuant to under subsection (2) 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 alternative education program shall immediately become eligible

for the prorated share of either the public school academy or

 

operating school district's foundation allowance or the expelling

 

school district's foundation allowance, whichever is higher.

 

     (11) If an individual is expelled pursuant to under subsection

 

(2), it is the responsibility of that individual and of his or her

 

parent or legal guardian to locate a suitable alternative

 

educational program and to enroll the individual in such a program

 

during the expulsion. The office of 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 under

 

subsection (2) and pursuant to under section 1311a, 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 of

 

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 in geographic areas

 

that are not being served.

 

     (12) Except for a pupil described in subsection (2), a school

 

board, school district superintendent, school building principal,

 

or another school district official designated by a school board

 

shall not suspend a pupil in foster care unless all of the

 

following are met:

     (a) The pupil is suspended for no more than 5 consecutive

 

school days or a total of 20 school days during a school year

 

unless both of the following are met:

 

     (i) The pupil is being considered for expulsion.

 

     (ii) The pupil's foster care caseworker and attorney, if any,

 

are invited to a meeting to discuss the suspension.

 

     (b) The pupil is informed of the reasons for the suspension

 

and afforded an opportunity to provide his or her version of the

 

events leading to the suspension.

 

     (13) Except for a pupil described in subsection (2), a school

 

board, school district superintendent, school building principal,

 

or another school district official designated by a school board

 

shall not expel a pupil in foster care unless all of the following

 

are met:

 

     (a) The pupil's foster care caseworker and attorney, if any,

 

are notified of the pending expulsion.

 

     (b) The pupil is afforded a formal hearing and an opportunity

 

to be represented by an attorney at the formal hearing.

 

     (14) (12) As used in this section:

 

     (a) "Arson" means a felony violation of chapter X of the

 

Michigan penal code, 1931 PA 328, MCL 750.71 to 750.79.

 

     (b) "Criminal sexual conduct" means a 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.

 

     (c) "Dangerous weapon" means that term as defined in section

 

1313.

 

     (d) "Firearm" means that term as defined in section 921 of

title 18 of the United States Code, 18 USC 921.

 

     (e) "Foster care" means that term as defined in section 2 of

 

the foster care and adoption services act, 1994 PA 203, MCL

 

722.952.

 

     (f) (e) "School board" means a school board, intermediate

 

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

 

     (g) (f) "School district" means a school district,

 

intermediate school district, or public school academy.

 

     (h) (g) "Weapon free school zone" means that term as defined

 

in section 237a of the Michigan penal code, 1931 PA 328, MCL

 

750.237a.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.