Bill Text: MI HB5622 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Education; discipline; enrollment eligibility in strict discipline academy; modify. Amends sec. 1311g of 1976 PA 451 (MCL 380.1311g).

Spectrum: Partisan Bill (Republican 11-0)

Status: (Introduced - Dead) 2016-05-04 - Bill Electronically Reproduced 05/03/2016 [HB5622 Detail]

Download: Michigan-2015-HB5622-Introduced.html

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HOUSE BILL No. 5622

May 3, 2016, Introduced by Reps. Hooker, VerHeulen, Runestad, Crawford, Kelly, Outman, Goike, Hughes, Glenn, Potvin and McBroom and referred to the Committee on Education.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending section 1311g (MCL 380.1311g), as amended by 2014 PA

 

256.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1311g. (1) A strict discipline academy may be located in

 

all or part of an existing public school building. Except for a

 

strict discipline academy that includes pupils who are the

 

responsibility of a county juvenile agency, a strict discipline

 

academy shall not operate at a site other than the single site

 

requested for the configuration of grades that will use the site,

 

as specified in the application required under section 1311d and in

 

the contract.

 

     (2) A strict discipline academy shall not charge tuition.

 

Except as otherwise provided in subsection (6), a strict discipline

 

academy shall not discriminate in its pupil admissions policies or

 

practices on the basis of intellectual or athletic ability,

 

measures of achievement or aptitude, status as a student with a

 

disability, or any other basis that would be illegal if used by a

 

school district. However, a strict discipline academy may limit

 

admission to pupils who are within a particular range of age or

 

grade level or on any other basis that would be legal if used by a

 

school district.

 

     (3) A strict discipline academy shall be established under

 

sections 1311b to 1311m specifically for enrolling 1 or more of the

 

following types of pupils:

 

     (a) Pupils placed in the strict discipline academy by a court

 

or by the department of health and human services or a county

 

juvenile agency under the direction of a court.

 

     (b) Pupils who have been expelled under section 1311(2).

 

     (c) Pupils who have been expelled under section 1311a or

 

another provision of this act.

 

     (d) Other pupils who have been expelled from school, or pupils

 

who have been suspended from school for a suspension that is for a

 

period in excess of 10 school days, and who are referred to the

 

strict discipline academy by that pupil's school and placed in the

 

strict discipline academy by the pupil's parent or legal guardian.

 

However, a suspended pupil shall be allowed to attend the strict

 

discipline academy only for the duration of the suspension.

 

     (4) In addition to the types of pupils specified in subsection

 

(3), a strict discipline academy shall be open for enrollment of a

special education pupil who does not meet the requirements of

 

subsection (3) if the special education pupil's individualized

 

education program team recommends that the special education pupil

 

be placed in the strict discipline academy. As used in this

 

subsection, "individualized education program team" means that term

 

as defined in section 614 of part B of title VI of the individuals

 

with disabilities education act, 20 USC 1414.

 

     (5) In addition to the types of pupils specified in

 

subsections (3) and (4), a strict discipline academy may enroll a

 

pupil who is placed in a high-security or medium-security juvenile

 

facility, mental health facility, or child caring institution that

 

is operated by a private agency.

 

     (6) A strict discipline academy shall enroll only 1 or more of

 

the types of pupils described in subsections (3) to (5). A pupil

 

who is enrolled in a strict discipline academy under subsections

 

(3) to (5) may, at the option of his or her parent or legal

 

guardian, continue to remain enrolled in the strict discipline

 

academy after he or she ceases to meet the requirements for

 

enrollment under subsections (3) to (5) as long as he or she meets

 

other applicable requirements for enrollment.

 

     (7) A strict discipline academy is not required to keep any

 

group of pupils described in subsections (3) to (5) physically

 

separated from another group of those pupils, as might otherwise be

 

required under section 1311, section 1311a, or another provision of

 

this act.

 

     (8) (7) Strict discipline academies are not intended to enroll

 

or otherwise be used to educate individuals who are committed to a

high-security or medium-security juvenile facility operated by the

 

department of health and human services or another state department

 

or agency. Further, if the department of corrections or another

 

state department or agency other than the department of health and

 

human services has custody of or jurisdiction over a child, that

 

state department or agency has the financial responsibility for

 

educating the child.

 

     (9) (8) Except for a foreign exchange student who is not a

 

United States citizen, a strict discipline academy shall not enroll

 

a pupil who is not a resident of this state. Enrollment in the

 

strict discipline academy may be open to all individuals who reside

 

in this state who meet the admission policy under subsections (3)

 

to (5) and shall be open to all pupils who reside within the

 

geographic boundaries, if any, of the authorizing body as described

 

in section 1311d who meet the admission policy under subsections

 

(3) to (5), except that admission to a strict discipline academy

 

authorized by the board of a community college to operate, or

 

operated by the board of a community college, on the grounds of a

 

federal military installation, as described in section 1311d, shall

 

be open to all pupils who reside in the county in which the federal

 

military installation is located who meet the admission policy

 

under subsections (3) to (5). For a strict discipline academy

 

authorized by a state public university, enrollment shall be open

 

to all pupils who reside in this state who meet the admission

 

policy under subsections (3) to (5). If there are more applications

 

to enroll in the strict discipline academy than there are spaces

 

available, pupils shall be selected to attend using a random

selection process. However, a strict discipline academy may give

 

enrollment priority to a sibling of a pupil enrolled in the strict

 

discipline academy. Except for a suspended pupil who is attending

 

the strict discipline academy for the duration of the suspension, a

 

A strict discipline academy shall allow any pupil who was enrolled

 

in the strict discipline academy in the immediately preceding

 

school year to enroll in the strict discipline academy in the

 

appropriate grade unless the appropriate grade is not offered at

 

that strict discipline academy.

 

     (10) (9) A strict discipline academy may include any grade up

 

to grade 12 or any configuration of those grades, including

 

kindergarten and early childhood education, as specified in its

 

contract. The authorizing body may approve amendment of a contract

 

with respect to ages of pupils or grades offered.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.