Bill Text: MI SB0634 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Education: discipline; school disciplinary proceedings; modify. Amends secs. 1310, 1310a, 1311 & 1311a of 1976 PA 451 (MCL 380.1310 et seq.) by adding sec. 1310f. TIE BAR WITH: SB 0636'21, SB 0635'21
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2021-09-14 - Referred To Committee On Education And Career Readiness [SB0634 Detail]
Download: Michigan-2021-SB0634-Introduced.html
SENATE BILL NO. 634
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 1310, 1310a, 1311, and 1311a (MCL 380.1310, 380.1310a, 380.1311, and 380.1311a), section 1310 as amended by 2016 PA 365, section 1310a as amended by 2016 PA 532, section 1311 as amended by 2018 PA 145, and section 1311a as amended by 2016 PA 366, and by adding section 1310f.
the people of the state of michigan enact:
Sec. 1310. (1) Subject to section 1310d, if a pupil enrolled in grade 6 or above commits a physical assault at school against another pupil and the physical assault is reported to the school board, school district superintendent, or building principal, then the school board or the designee of the school board as described in section 1311(1) on behalf of the school board shall suspend or expel the pupil from the school district for up to 180 school days. A district superintendent or building principal who receives a report described in this subsection shall forward the report to the school board. Notwithstanding section 1147, a school district is not required to allow an individual expelled from another school district under this section to attend school in the school district during the expulsion.
(2) If Subject to section 1310f, if an individual is expelled pursuant to under this section, it is the responsibility of that individual and of his or her parent or legal guardian to locate a suitable educational program and to enroll the individual in such a program during the expulsion. The office for 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 under this section and pursuant to under section 1311(2) or 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 for safe schools about the program or school and the types of pupils it serves. The office for 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.
(3) As used in this section:
(a) "At school" means in a classroom, elsewhere on school premises, on a school bus or other school-related vehicle, or at a school-sponsored activity or event whether or not it is held on school premises.
(b) "Physical assault" means intentionally causing or attempting to cause physical harm to another through force or violence.
(c) "School board" means a school board, intermediate school board, or the board of directors of a public school academy.
(d) "School district" means a school district, intermediate school district, or public school academy.
Sec. 1310a. (1) At least annually, each school board shall prepare and submit to the superintendent of public instruction, in the form and manner prescribed by the superintendent of public instruction, a report stating the number of pupils expelled from the school district during the immediately preceding school year, with a brief description of the incident that caused each expulsion. Subject to state and federal privacy laws, the report described in this subsection must also include the number of days for which each pupil described in this subsection was suspended and the race, ethnicity, and gender of each pupil and the number of pupils described in this subsection to which the following apply:
(a) The pupil is a student with a disability. As used in this subdivision, "student with a disability" means a student who has 1 or more impairments that require special education or related services and who has an individualized education program.
(b) The pupil is economically disadvantaged. As used in this subdivision, "economically disadvantaged" means a pupil who has been determined eligible for free or reduced-price meals as determined under the Richard B. Russell national school lunch act, 42 USC 1751 to 1769j; who is in a household receiving supplemental nutrition assistance program or temporary assistance for needy families assistance; who is homeless, a migrant, or in foster care, as reported to the center; or who is eligible for Medicaid.
(c) The pupil has had foster-care exposure during the school year.
(d) The pupil is an English language learner as that term is defined in section 31a of the state school aid act of 1979, MCL 388.1631a.
(e) The pupil is a homeless child or youth. As used in this subdivision, "homeless child or youth" means a child or youth who meets the definition of homeless children or youth as that term is defined in 42 USC 11434a.
(f) The pupil is a migrant student. As used in this subdivision, "migrant student" means a student whose family has moved within the immediately preceding 36 months to obtain temporary or seasonal work in agriculture or fishing or a student who identified as migrant eligible for the school year in the Migrant Education Data System.
(2) In order to obtain an accurate local picture of school crime and to develop the partnerships necessary to plan and implement school safety programs, at least annually, each school board shall post on its website, in the form and manner prescribed by the superintendent of public instruction, incidents of crime occurring at school within the school district. In determining the form and manner of this report, the superintendent of public instruction shall consult with local and intermediate school districts and law enforcement officials. The reporting shall must include at least crimes involving physical violence, gang-related activity, illegal possession of a controlled substance or controlled substance analogue, or other intoxicant, trespassing, and property crimes including, but not limited to, theft and vandalism. For a property crime, the report shall must include an estimate of the cost to the school district resulting from the property crime. The school crime reporting requirements of this subsection are intended to do all of the following:
(a) Help policymakers and program designers develop appropriate prevention and intervention programs.
(b) Provide the continuous assessment tools needed for revising and refining school safety programs.
(c) Assist schools and school districts to identify the most pressing safety issues confronting their school communities, to direct resources appropriately, and to enhance campus safety through prevention and intervention strategies.
(d) Foster the creation of partnerships among schools, school districts, state agencies, communities, law enforcement, and the media to prevent further crime and violence and to assure a safe learning environment for every pupil.
(3) Each school building shall collect and keep current on a weekly basis the information required for the report under subsection (2) and must provide that information, within 7 days, upon request. At least annually, each school board shall make a copy disaggregated by school building, of the most recent report for the school district under subsection (2) available to the parent or legal guardian of each pupil enrolled in the school district.
(4) As used in this section, "at school", "school board", and "school district" mean those terms as defined in section 1310.
Sec. 1310f. (1) The board of a school district or intermediate school district or board of directors of a public school academy, or its designee, shall develop an appeal process for a pupil to appeal a decision of an independent decision maker or independent decision makers under section 1310e or a decision concerning the reinstatement of an expelled pupil under this act by the expelling school district, intermediate school district, or public school academy, to the board of the intermediate school district in which the school district or public school academy in which the pupil is enrolled is located if the decision was not made by the intermediate school district or to an appeal panel as described in subsection (4). The process described in the immediately preceding sentence must include the appointment of an appeal panel as described in subsection (4). Except for the decision of an intermediate school district board or appeal panel upholding an expulsion, the decision of an intermediate school district board or appeal panel under this subsection is a final decision subject to judicial review under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. An appeal process under this subsection must satisfy all of the following requirements:
(a) Be conducted in writing.
(b) Require the pupil seeking to appeal to file the appeal no later than 30 days after the pupil receives notification of the decision of an independent decision maker or independent decision makers under section 1310e or decision concerning reinstatement as described in this subsection.
(c) Require the pupil to give notice of the appeal by mail, email, or facsimile to the pupil's school district or intermediate school district, or public school academy, or its designee, within 5 days after filing the appeal.
(d) Allow the pupil's school district or intermediate school district, or public school academy, or its designee, to file a written response to the appeal with the intermediate school board or appeal panel, as applicable, within 5 days after receiving notice of the appeal.
(e) Require the appeal to be decided by the board of the intermediate school district described in this subsection or an appeal panel as described in subsection (4). The intermediate school board or appeal panel shall review the written submissions of the parties to the appeal and the evidence that was the basis of the decision of an independent decision maker or independent decision makers under section 1310e or the decision concerning reinstatement, and correct any procedural errors made in the decision of an independent decision maker or independent decision makers under section 1310e or the decision concerning reinstatement.
(f) Require the intermediate school board described in this subsection or the appeal panel to submit its decision in writing to the parties to the appeal no later than 14 days after the pupil files the appeal.
(2) The department and intermediate school districts shall develop a coordinated appeal process for a pupil to appeal the decision of an intermediate school board or appeal panel under subsection (1) upholding the pupil's expulsion, that must include the appointment of an appeal panel as described in subsection (4). The decision of an appeal panel under this subsection is a final decision subject to judicial review under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. An appeal process under this subsection must satisfy all of the following requirements:
(a) Be conducted in writing.
(b) Require the pupil seeking to appeal to file the appeal no later than 30 days after the pupil receives the written decision of the intermediate school board or the appeal panel under subsection (1).
(c) Require the pupil to give notice of the appeal by mail, email, or facsimile to the pupil's school district or intermediate school district, or public school academy, or its designee, within 5 days after filing the appeal.
(d) Allow the pupil's school district or intermediate school district, or public school academy, or its designee, to file a written response to the appeal with the appeal panel within 5 days after receiving notice of the appeal.
(e) Require the appeal to be decided by an appeal panel as described in subsection (4). The appeal panel shall review the written submissions of the parties to the appeal and the evidence that was the basis of the decision of the appeal panel under subsection (1), and correct any procedural errors made in the decision.
(f) Require the appeal panel to submit its decision in writing to the parties to the appeal no later than 14 days after the pupil files the appeal.
(3) The department shall develop an appeal process for a school district or a public school academy, or its designee, to appeal a decision of an independent decision maker or independent decision makers under section 1310e to the board of the intermediate school district in which the school district or public school academy is located or to an appeal panel described in subsection (4) and an appeal process for an intermediate school district, or its designee, to appeal a decision described in this sentence to an appeal panel described in subsection (4). The process described in the immediately preceding sentence must include the appointment of an appeal panel as described in subsection (4). The decision of an intermediate school district board or appeal panel under this subsection is a final decision subject to judicial review under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. An appeal process under this subsection must satisfy all of the following requirements:
(a) Be conducted in writing.
(b) Require the school district or intermediate school district, or a public school academy, or its designee, seeking to appeal to file the appeal no later than 14 days after the school district or intermediate school district, or a public school academy, or its designee, receives notification of the decision of the independent decision maker or independent decision makers under section 1310e.
(c) Require the school district or intermediate school district, or public school academy, or its designee, to give notice of the appeal by mail, email, or facsimile to, subject to state and federal privacy laws, the pupil and the pupil's parent or legal guardian within 5 days after filing the appeal.
(d) Allow the pupil to file a written response to the appeal with the intermediate school board or appeal panel, as applicable, within 10 days after receiving notice of the appeal.
(e) Require the appeal to be decided by the intermediate school board or an appeal panel as described in subsection (4) if the appeal was filed by a school district or public school academy or by an appeal panel described in subsection (4) if the appeal was filed by an intermediate school district. The intermediate school board or appeal panel, as applicable, shall review the written submissions of the parties to the appeal and the evidence that was the basis of the decision of the independent decision maker or independent decision makers under section 1310e, and correct any procedural errors made in the decision.
(f) Require the intermediate school board or appeal panel, as applicable, to submit its decision in writing to the parties to the appeal no later than 14 days after the school district or intermediate school district, or a public school academy, or its designee, files the appeal.
(4) An appeal to an appeal panel under this section must be decided by an appeal panel of no less than 3 individuals, who may include a superintendent or members of a board of a school district or intermediate school district, or a chief administrator or members of a board of directors of a public school academy. An appeal panel under this section must not include an individual who meets either of the following conditions:
(a) Was previously involved in the decision being appealed, including an individual who did any of the following:
(i) Investigated the disciplinary incident that is the subject of the appeal.
(ii) Made a disciplinary decision or referral related to the appeal.
(iii) Appointed or served as an independent decision maker under section 1310e for the decision being appealed.
(b) Has a personal interest in the outcome of the appeal.
(5) Notwithstanding any provision of this act to the contrary, except for a pupil who is enrolled in a school district, intermediate school district, or public school academy other than the school district, intermediate school district, or public school academy from which he or she was removed, during the pendency of an appeal under this section, the school district, intermediate school district, or public school academy in which the pupil was enrolled immediately preceding an appeal under this section that removed the pupil shall determine and provide available and appropriate educational services to the pupil who is a party to the appeal, including, but not limited to, all of the following:
(a) Any applicable plans in place for excusing assignments, as needed.
(b) Information concerning how the pupil may access upcoming assignments and instructional materials.
(c) Information concerning how the pupil may access in-person or virtual tutoring, instructors, home or community-based instruction, alternative instruction or testing opportunities, transportation, social work support, and support from a homeless or foster care liaison, as available.
(6) This section does not limit a pupil's right to seek relief under other applicable law including, but not limited to, state and federal civil rights laws.
(7) As used in this section:
(a) "Disciplinary decision" means any of the following actions against a pupil:
(i) Alternative placement for more than 10 days.
(ii) Expulsion.
(iii) Suspension for more than 10 days.
(b) "Expulsion" means the exclusion of a pupil from school for disciplinary reasons for a period of 60 or more school days.
(c) "Suspension" means the exclusion of a pupil from school for disciplinary reasons for a period of fewer than 60 school days.
Sec. 1311. (1) Subject to subsection (2) and section 1310d, 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 who commits criminal sexual conduct against another pupil enrolled in the same school district or 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 must 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, commits criminal sexual conduct in a school building or on school grounds, or pleads to, is convicted of, or is adjudicated for criminal sexual conduct against another pupil enrolled in the same school district, 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 individual 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 under subsection (2), the expelling school district shall enter on the individual's permanent record that he or she has been expelled under subsection (2). Except if a school district operates or participates cooperatively in an alternative education program appropriate for individuals expelled 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 or a cyber school, as that term is defined in section 551, an individual expelled 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 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 under subsection (2) is not placed in an alternative education program, strict discipline academy, or cyber school, 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 must 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 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 under subsection (2), the school board shall ensure that, within 3 days after the an expulsion is first decided, 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 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 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 must 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 under subsection (2) for a reason other than possessing a firearm or threatening another person with a dangerous weapon shall must 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 must 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 must be for unconditional reinstatement, for conditional reinstatement, or against reinstatement, and shall must be accompanied by an explanation of the reasons for the recommendation and of any recommended conditions for reinstatement. The recommendation shall must 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 Subject to section 1310f, 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 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 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 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 becomes 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 Subject to section 1310f, if an individual is expelled 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 under subsection (2) and 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) 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) "School board" means a school board, intermediate school board, or the board of directors of a public school academy.
(f) "School district" means a school district, intermediate school district, or public school academy.
(g) "Weapon free school zone" means that term as defined in section 237a of the Michigan penal code, 1931 PA 328, MCL 750.237a.
Sec. 1311a. (1) Subject to section 1310d, if a pupil enrolled in grade 6 or above commits a physical assault at school against a person employed by or engaged as a volunteer or contractor by the school board and the physical assault is reported to the school board, school district superintendent, or building principal by the victim or, if the victim is unable to report the assault, by another person on the victim's behalf, then the school board, or the designee of the school board as described in section 1311(1) on behalf of the school board, shall expel the pupil from the school district permanently, subject to possible reinstatement under subsection (5). A district superintendent or building principal who receives a report described in this subsection shall forward the report to the school board.
(2) Subject to section 1310d, if a pupil enrolled in grade 6 or above commits a verbal assault, as defined by school board policy, at school against a person employed by or engaged as a volunteer or contractor by the school board and the verbal assault is reported to the school board, school district superintendent, or building principal by the victim or, if the victim is unable to report the verbal assault, by another person on the victim's behalf, or if a pupil enrolled in grade 6 or above makes a bomb threat or similar threat directed at a school building, other school property, or a school-related event, then the school board, or the designee of the school board as described in section 1311(1) on behalf of the school board, shall suspend or expel the pupil from the school district for a period of time as determined in the discretion of the school board or its designee. A district superintendent or building principal who receives a report described in this subsection shall forward the report to the school board. Notwithstanding section 1147, a school district is not required to allow an individual expelled from another school district under this subsection to attend school in the school district during the expulsion.
(3) If an individual is permanently expelled pursuant to under this section, the expelling school district shall enter on the individual's permanent record that he or she has been permanently expelled pursuant to under this section. Except if a school district operates or participates cooperatively in an alternative education program appropriate for individuals expelled pursuant to under this section and section 1311(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 permanently expelled pursuant to under this section 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 (5). Except as otherwise provided by law, a program operated for individuals expelled pursuant to under this section and section 1311(2) shall ensure that those individuals are physically separated at all times during the school day from the general pupil population. If an individual permanently expelled from a school district pursuant to under this section 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 must 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 permanently expelled pursuant to under this section than the amount of the foundation allowance the school district receives for the pupil under section 20 of the state school aid act of 1979, MCL 388.1620.
(4) If a school board permanently expels an individual pursuant to under this section, the school board shall ensure that, within 3 days after the an expulsion is first decided, 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.
(5) The parent or legal guardian of an individual permanently expelled pursuant to under this section 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) The individual's 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) The individual shall must 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 must be for unconditional reinstatement, for conditional reinstatement, or against reinstatement, and shall must be accompanied by an explanation of the reasons for the recommendation and of any recommended conditions for reinstatement. The recommendation shall must 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 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 Subject to section 1310f, 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 that 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.
(6) A school board or school administrator that complies with this section is not liable for damages for suspending or expelling a pupil pursuant to under this section, and the authorizing body of a public school academy is not liable for damages for suspension or expulsion of a pupil by the public school academy pursuant to under this section.
(7) The department shall develop and distribute to all school districts a form for a petition for reinstatement to be used under subsection (5). The department may designate the form used for a petition for reinstatement under section 1311 as a form that may be used under this section.
(8) 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.
(9) If a pupil expelled from a school district pursuant to under this section 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 the alternative education program is immediately eligible for the prorated share of either the public school academy's or operating school district's foundation allowance or the expelling school district's foundation allowance, whichever is higher.
(10) A school board or its designee shall report all assaults described in subsection (1) or (2) to appropriate state or local law enforcement officials and prosecutors as provided in the statewide school safety information policy under section 1308.
(11) If Subject to section 1310f, if an individual is expelled pursuant to under this section, it is the responsibility of that individual and of his or her parent or legal guardian to locate a suitable educational program and to enroll the individual in such a program during the expulsion. The office for 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 this section and pursuant to under section 1311(2), 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 for 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) As used in this section:
(a) "At school" means in a classroom, elsewhere on school premises, on a school bus or other school-related vehicle, or at a school-sponsored activity or event whether or not it is held on school premises.
(b) "Physical assault" means intentionally causing or attempting to cause physical harm to another through force or violence.
(c) "School board" means a school board, intermediate school board, or the board of directors of a public school academy.
(d) "School district" means a school district, intermediate school district, or public school academy.
Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 101st Legislature are enacted into law:
(a) Senate Bill No. 635.
(b) Senate Bill No. 636.
