Bill Text: MI HB5409 | 2015-2016 | 98th Legislature | Enrolled
Bill Title: Education; discipline; statement of findings and intent regarding state policy on schoolwide positive intervention and support plans; provide for. Amends 1976 PA 451 (MCL 380.1 - 380.1852) by adding sec. 1307.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-12-31 - Assigned Pa 394'16 [HB5409 Detail]
Download: Michigan-2015-HB5409-Enrolled.html
STATE OF MICHIGAN
98TH LEGISLATURE
REGULAR SESSION OF 2016
Introduced by Rep. Liberati
ENROLLED HOUSE BILL No. 5409
AN ACT to amend 1976 PA 451, entitled “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,” (MCL 380.1 to 380.1852) by adding section 1307.
The People of the State of Michigan enact:
Sec. 1307. (1) It is the intent of the legislature that sections 1307 to 1307h shall provide for a uniform policy regarding the use of seclusion and restraint in the public schools that accomplishes the following objectives:
(a) Promotes the care, safety, welfare, and security of the school community and the dignity of each pupil.
(b) Encourages the use of proactive, effective, evidence- and research-based strategies and best practices to reduce the occurrence of challenging behaviors, eliminate the use of seclusion and restraint, and increase meaningful instructional time for all pupils.
(c) Ensures that seclusion and physical restraint are used only as a last resort in an emergency situation and are subject to diligent assessment, monitoring, documentation, and reporting by trained personnel.
(d) Clearly defines the terms “seclusion”, “restraint”, “emergency seclusion”, and “emergency physical restraint” and clearly states the procedures for the use of emergency seclusion and emergency physical restraint.
(2) Sections 1307 to 1307h do not limit any right or remedy of an individual under state or federal law.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 98th Legislature are enacted into law:
(a) House Bill No. 5410.
(b) House Bill No. 5417.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
