Bill Text: MI SB0777 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Education: public school academies; enrollment requirements for strict discipline academies; modify. Amends sec. 1311g of 1976 PA 451 (MCL 380.1311g).
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2022-02-23 - Referred To Committee Of The Whole With Substitute (s-1) [SB0777 Detail]
Download: Michigan-2021-SB0777-Introduced.html
SENATE BILL NO. 777
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1311g (MCL 380.1311g), as amended by 2018 PA 42.
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 subsections (6) and (8), 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 must 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 or placed in the strict discipline academy by the pupil's parent or legal guardian.
(4) In addition to the types of pupils specified in subsection (3), a strict discipline academy shall be open for allow 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 1414 of the individuals with disabilities education act, 20 USC 1414.
(5) In addition to the types of pupils specified in subsections (3), and (4), and (6), 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 or a pupil who became a resident of this state as an unaccompanied or resettled minor under the care of the department of health and human services and who is less than 22 years of age as of September 1 of the current school year.
(6) In addition to the types of pupils specified in subsections (3), (4), and (5), a strict discipline academy that is a qualifying strict discipline academy may allow enrollment of a pupil to whom all of the following apply:
(a) Before being suspended or expelled under this act, the pupil has been identified by the chief administrator of the pupil's school, after the chief administrator has conferred with the pupil's parent or legal guardian, as requiring intense individual intervention designed for a pupil with highly accelerated or severe and persistently challenging academic or nonacademic needs, including, but not limited to, tier 3 support based on a multitiered system of supports.
(b) Either of the following:
(i) It has been determined that the pupil is eligible for special education and services related to special education.
(ii) It has not been determined that the pupil is eligible for special education and services related to special education and, before the behavior that precipitated the referral as described in subdivision (c) occurred, the pupil's school had no basis of knowledge indicating that the pupil is a child with a disability as prescribed under the individuals with disabilities education act, 20 USC 1400 to 1482.
(c) The pupil is referred to the strict discipline academy by his or her school. For a pupil described in subdivision (b)(ii), all of the following apply to a referral under this subdivision:
(i) If a request is made for an evaluation of a pupil designed to determine if the pupil is eligible for special education programs and services during the time period in which the pupil is subjected to a referral under this subdivision, the pupil's school must conduct the evaluation in an expedited manner.
(ii) Until an evaluation described under subparagraph (i) is completed, if applicable, the pupil must remain in an educational placement determined by the school authorities of the pupil's school, which may include suspension or expulsion without educational services.
(7) If a pupil who was referred to a strict discipline academy under subsection (6) enrolls in the strict discipline academy and that pupil has been determined to be eligible for special education and services related to special education, or, if following an evaluation described under subsection (6)(c), if applicable, and after taking into consideration information provided by the pupil's parent or legal guardian, the pupil was determined to be a child with a disability, the strict discipline academy in which the pupil is enrolled shall provide special education and services related to special education in accordance with the individuals with disabilities education act, 20 USC 1400 to 1482, which includes, but is not limited to, compliance with the requirements under section 1412(a)(1)(A) of the individuals with disabilities education act, 20 USC 1412(a)(1)(A), and compliance with the requirements under 34 CFR 300.530 to 300.536.
(8) (6) A strict discipline academy shall enroll only 1 or more of the types of pupils described in subsections (3) to (5). (6). A pupil who is enrolled in a strict discipline academy under subsections (3) to (5) (6) 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) (6) as long as he or she meets the other applicable requirements for enrollment.
(9) (7) A strict discipline academy is not required to keep any group of pupils described in subsections (3) to (5) (6) physically separated from another group of those pupils, as might otherwise be required under section 1311, section 1311a, or another provision of this act.
(10) (8) 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.
(11) (9) 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) (6) and shall must 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), (6), 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 must 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). (6). For a strict discipline academy authorized by a state public university, enrollment shall must be open to all pupils who reside in this state who meet the admission policy under subsections (3) to (5). (6). If there are more applications to enroll in the strict discipline academy than there are spaces available, pupils shall must 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. 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.
(12) (10) 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.
(13) The placement of a pupil in a strict discipline academy is subject to state and federal special education laws.
(14) As used in this section, "qualifying strict discipline academy" means a strict discipline academy that is located in either of the following counties in this state:
(a) A county with a population that is equal to or greater than 600,000 or equal to or less than 700,000.
(b) A county that is contiguous to a county described in subdivision (a).
Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 778 of the 101st Legislature is enacted into law.
