Bill Text: MI SB0835 | 2015-2016 | 98th Legislature | Introduced

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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. TIE BAR WITH: HB 5410'16, HB 5417'16, SB 0837'16

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-03-02 - Referred To Committee On Education [SB0835 Detail]

Download: Michigan-2015-SB0835-Introduced.html

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SENATE BILL No. 835

 

 

March 2, 2016, Introduced by Senators O'BRIEN, JONES, HERTEL, HOPGOOD and MARLEAU and referred to the Committee on Education.

 

 

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

(MCL 380.1 to 380.1852) by adding section 1307.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1307. (1) The legislature finds that parents and teachers

 

across this state are concerned about the use of seclusion and

 

restraint in the public schools of this state and that prohibitions

 

on the use of restraint and seclusion must be established and

 

uniformly applied across this state. This finding is supported by

 

the following beliefs:

 

     (a) The most effective strategies for supporting positive

 

pupil behavior begin with meaningful instruction provided by highly

 

trained professionals in a safe environment that promotes dignity

 

for all pupils.

 

     (b) Schoolwide systems of positive behavioral support to

 

address challenging behavior will increase instructional time for

 

all.

 

     (c) Seclusion and physical restraint should be used only in an

 

emergency and require diligent assessment, monitoring,

 

documentation, and reporting by trained personnel.

 

     (2) Based on the findings in subsection (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 protects learning opportunities for all.

 

     (b) Encourages the use of proactive, effective, evidence- and

 

research-based strategies and best practices to eliminate the use

 

of seclusion and restraint and reduce or eliminate the use of

 

emergency seclusion and emergency physical restraint.

 

     (c) 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.

 

     (3) 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) Senate Bill No. 837.