HOUSE BILL NO. 5659
A bill to amend 2018 PA 548, entitled
"Comprehensive school safety plan act,"
by amending the title and section 3 (MCL 28.803) and by adding section 6; and to repeal acts and parts of acts.
the people of the state of michigan enact:
An act to create the comprehensive school safety plan act; to create the school safety and mental health commission and provide for its powers and duties; to provide for the powers and duties of certain state and local governmental officers and entities; and to prohibit divulging certain information and prescribe penalties.
(a) "Commission" means the following:
(i) Before December 31, 2024, the school safety commission created in under section 5.
(ii) Beginning January 1, 2025, the school safety and mental health commission created under section 6.
(b) "Department" means the department of state police.
(c) "School" means a public school, nonpublic school, or public school academy as those terms are defined in section 5 of the revised school code, 1976 PA 451, MCL 380.5.
(d) "School safety liaison" means the individual designated by a school under section 1241 of the revised school code, 1976 PA 451, MCL 380.1241, to work with the commission.
Sec. 6. (1) Beginning January 1, 2025, the school safety and mental health commission is established within the department.
(2) The commission must consist of all of the following members who must be appointed by the governor as follows:
(a) One member from a list of 3 or more names submitted by the minority leader of the house of representatives who has experience in school mental health.
(b) One member from a list of 3 or more names submitted by the speaker of the house of representatives who has a background in law enforcement.
(c) One member from a list of 3 or more names submitted by the speaker of the house of representatives who is a parent.
(d) One member from a list of 3 or more names submitted by the speaker of the house of representatives who has experience with special education.
(e) One member from a list of 3 or more names submitted by the senate minority leader who is a school psychologist or psychiatrist.
(f) One member from a list of 3 or more names submitted by the senate majority leader who is a behavioral health professional or behavioral psychologist.
(g) One member from a list of 3 or more names submitted by the senate majority leader who is a teacher.
(h) One member from a list of 3 or more names submitted by the senate majority leader who is affiliated with a community based organization working with youths.
(i) One member who has a background in school administration.
(j) One member who has experience in school threat assessments.
(k) One member who has experience in the provision of inpatient treatment to children under age 18.
(l) One member who is a current student or recent graduate of a high school.
(3) The following department heads or the department heads' designees that are from within the respective departments or agencies may be nonvoting, ex officio members of the commission:
(a) The director of the department.
(b) The superintendent of public instruction.
(c) The director of the department of health and human services.
(4) The governor shall appoint 7 of the first members to 2-year terms and 5 of the first members to 4-year terms. After the first appointments, the term of a member of the commission is 4 years or until a successor is appointed under subsection (2), whichever is later.
(5) If a vacancy occurs on the commission, an individual must be appointed in the same manner as prescribed under subsection (2) to fill the vacancy for the balance of the term.
(6) The governor may remove a member of the commission for incompetence, dereliction of duty, malfeasance, or nonfeasance in office, or any other good cause.
(7) The commission shall meet at least quarterly.
(8) A majority of the members of the commission constitutes a quorum for transacting business. A vote of the majority of the members of the commission serving is required for any action of the commission.
(9) The commission shall conduct its business in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(10) A writing that is prepared, owned, used, possessed, or retained by the commission in performing an official function is subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(11) A member of the commission is not entitled to compensation for service on the commission, but the commission may reimburse a member for actual and necessary expenses incurred in serving.
(12) The commission may do all of the following:
(a) Collaborate to provide recommendations to reduce youth suicides and strengthen the mental health of school-aged children, adolescents, and their families through a comprehensive, statewide approach.
(b) Seek input from educational professionals, mental health professionals, and organizations from across this state to suggest approaches to identify and support students at risk of behavioral health issues.
(c) Collaborate with the Michigan suicide prevention commission on recommendations regarding youth suicide.
(d) Create and maintain an online community through which best practices and resources can be shared, and convene symposiums with other relevant commissions, organizations, and professionals.
(e) Convey recommendations to the department of licensing and regulatory affairs and the bureau of construction codes within the department of licensing and regulatory affairs concerning building construction that is consistent with school safety needs.
(13) The commission may hire an executive director and staff.
(14) Beginning October 30, 2026 and annually each October 30 thereafter, the commission shall prepare and issue an annual report to the house and senate school aid appropriation committees, the house and senate standing committees on education, and the house and senate fiscal agencies detailing its findings, recommendations, and updates for prior initiatives. The committee shall make the report filed under this subsection publicly available on the department's website.
Enacting section 1. Section 5 of the comprehensive school safety plan act, 2018 PA 548, MCL 28.805, is repealed effective December 31, 2024.