Bill Text: MI SB0952 | 2025-2026 | 103rd Legislature | Introduced

Michigan Senate Bill 952

Introduced

Bill Title: Education: special education; Michigan special education accountability act; establish. Amends secs. 1310d, 1311, 1526, 1527, 1531 & 1711 of 1976 PA 451 (MCL 380.1310d et seq.) & adds secs. 1531k, 1537, 1712 & 1810.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced) 2026-05-12 - Referred To Committee On Education [SB0952 Detail]

Download: Michigan-2025-SB0952-Introduced.html

SENATE BILL NO. 952

May 12, 2026, Introduced by Senator BELLINO and referred to Committee on Education. - Title: Intro, sponsors, and referral

A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending sections 1310d, 1311, 1526, 1527, 1531, and 1711 (MCL 380.1310d, 380.1311, 380.1526, 380.1527, 380.1531, and 380.1711), section 1310d as added by 2016 PA 360, section 1311 as amended by 2018 PA 145, sections 1526 and 1531 as amended by 2023 PA 110, section 1527 as amended by 2014 PA 484, and section 1711 as amended by 2016 PA 532, and by adding sections 1531k, 1537, 1712, and 1810.

the people of the state of michigan enact:

Sec. 1310d. (1) Before suspending or expelling a pupil under section 1310, 1311(1), 1311(2), or 1311a, the board of a school district or intermediate school district or board of directors of a public school academy, or a superintendent, school principal, or other designee under section 1311(1), shall consider each of the following factors:

(a) The pupil's age.

(b) The pupil's disciplinary history.

(d) The seriousness of the violation or behavior committed by the pupil.

(e) Whether the violation or behavior committed by the pupil threatened the safety of any pupil or staff member.

(f) Whether restorative practices will be used to address the violation or behavior committed by the pupil.

(g) Whether a lesser intervention would properly address the violation or behavior committed by the pupil.

(2) Except as provided in subsection (3), this section applies to give the board of a school district or intermediate school district or board of directors of a public school academy, or its designee, discretion over whether or not to suspend or expel a pupil under section 1310, 1311(1), 1311(2), or 1311a. In exercising this discretion with regard to a suspension of more than 10 days or an expulsion, there is a rebuttable presumption that a suspension or expulsion is not justified unless the board or board of directors, or its designee, can demonstrate that it considered each of the factors listed under subsection (1). For a suspension of 10 or fewer days, there is no rebuttable presumption, but the board or board of directors, or its designee, shall consider each of the factors listed under subsection (1).

(3) This section does not apply to a pupil being expelled under section 1311(2) for possessing a firearm in a weapon free weapon-free school zone. If a student with a disability possesses a firearm in a weapon-free school zone, the board of the pupil's school district or intermediate school district or board of directors of the pupil's public school academy, or a superintendent, school principal, or other designee under section 1311(1), shall investigate whether the possession of the firearm was a manifestation of the student's disability and whether any policy changes could prevent reoccurrence in the future.

(4) Except as provided in subsection (3), consideration of the factors listed in subsection (1) is mandatory before suspending or expelling a student under section 1310, 1311(1), 1311(2), or 1311a. The method used for consideration of the factors is at the sole discretion of the board of a school district or intermediate school district or board of directors of a public school academy, or its designee.

(5) Subject to subsection (6), before expulsion of a student with a disability or suspension of a student with a disability for more than 10 days, the board of a school district or intermediate school district or board of directors of a public school academy, or a superintendent, school principal, or other designee under section 1311(1), must first ensure all of the following:

(a) That a functional behavioral assessment and behavior intervention plan has been completed to identify the cause of behaviors that impede the student's learning or the learning of others, including behaviors related to the student's disability.

(b) That a behavior intervention plan based on the functional behavioral assessment under subdivision (a) has been developed, implemented, and documented. The behavior intervention plan must include positive behavioral supports, accommodations, and evidence-based interventions designed to address the student's disability-related needs, consistent with the individuals with disabilities education act, public law 108-446, this act, the Michigan administrative rules for special education, R 340.1701 to 340.1862, and section 504 of title V of the rehabilitation act of 1973, 29 USC 794.

(c) That the school board or board of directors, or the school board's or board of director's designee has obtained, reviewed, and written guidance from legal counsel or a compliance officer knowledgeable in the individuals with disabilities education act, public law 108-446, this act, the Michigan administrative rules for special education, R 340.1701 to 340.1862, section 504 of title V of the rehabilitation act of 1973, 29 USC 794, and title II of the Americans with disabilities act of 1990, Public Law 101-336, confirming that the proposed suspension or expulsion does not violate a student's legal rights. Documentation of this review must be retained in the student's record.

(d) That the school board or the school board's designee has demonstrated that the suspension or expulsion is not a disciplinary action based solely on behaviors caused by the student's disability and that all reasonable interventions, supports, and modifications were attempted or considered.

(e) That the student's parents or legal guardians are notified and involved in the functional behavioral assessment under subdivision (a) and the behavior intervention plan under subdivision (b) and provided with meaningful opportunities to participate in planning and decision making regarding discipline.

(6) A student with a disability may remain expelled or suspended while the determination under subsection (5) takes place if the board of the student's school district or intermediate school district or board of directors of the student's public school academy believes that the student's presence presents a threat to the health and safety of students and school personnel.

(7) The board of a school district or intermediate school district or board of directors of a public school academy shall annually provide the department with a report containing all suspensions and expulsions of students with disabilities.

(8) (5) As used in this section:

(a) "Expel" means to exclude a pupil from school for disciplinary reasons for a period of 60 or more school days.

(b) "Firearm" means that term as defined in section 1311.

(d) "Weapon free "Weapon-free school zone" means that term as defined in section 1311.

Sec. 1311. (1) Subject to subsection (2), 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 section 1711 and the 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 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 the individual 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 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 must 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 expulsion, 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 individual 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 individual 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 must 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 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 the individual's 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 an individual is expelled under subsection (2), it is the responsibility of that individual and of his or her the individual's 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.

(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 "Weapon-free school zone" means that term as defined in section 237a of the Michigan penal code, 1931 PA 328, MCL 750.237a.

Sec. 1526. (1) For the first 3 years of his or her a teacher's employment in classroom teaching, a the teacher must be assigned by the school in which he or she teaches to 1 or more master teachers, or college professors or retired master teachers, who shall act as a mentor or mentors to the teacher. During the 3-year period, the teacher must also receive intensive professional development induction into teaching, based on a professional development plan that is consistent with the requirements of section 3a of article II of 1937 (Ex Sess) PA 4, MCL 38.83a, including classroom management and instructional delivery. Subject to subsection (2), during the 3-year period, the intensive professional development induction into teaching must consist of at least 15 days of professional development, the experiencing of effective practices in university-linked professional development schools, and regional seminars conducted by master teachers and other mentors.

(2) Except as otherwise provided in this subsection, for teachers employed in classroom teaching on or after August 1, 2023, except for individuals who have physical limitations that make it impracticable for the individual to complete the course and instruction and obtain the required certification under this subsection, the 15 days of professional development described in subsection (1) must include a course approved by the department in first aid and cardiopulmonary resuscitation that includes a test demonstration on a mannequin and instruction in foreign body airway obstruction management that results in valid certification in these topics issued by the American Red Cross, American Heart Association, or a comparable organization or institution approved by the department. The course, instruction, and certification required under this subsection must be completed within the first year of the 3-year period described in subsection (1). This subsection does not apply to an individual who has successfully completed a course and instruction and holds the valid certification as described in this subsection.

(3) An individual who has completed the course and instruction and obtained the certification described in subsection (2) and who performs first aid, cardiopulmonary resuscitation, or foreign body airway obstruction management on another individual in the course of his or her the individual's employment as a teacher is not liable in a civil action for damages resulting from an act or omission occurring in that performance except for an act or omission constituting gross negligence or willful or wanton misconduct.

(4) Not less than 25% of the 15 days of professional development described in subsection (1) must be devoted to competencies in special education, including, but not limited to, the following:

(a) Federal and state special education law, including at least the following:

(i) The individuals with disabilities education act, public law 108-446.

(ii) The Americans with disabilities act of 1990, public law 101-336.

(iii) Section 504 of title V of the rehabilitation act of 1973, 29 USC 794.

(b) Instructional strategies for inclusive classrooms.

(d) Collaboration with special education staff and individualized education program teams.

Sec. 1527. (1) The board of each a school district , or intermediate school district , or board of directors of a public school academy shall provide at least not less than 5 days of teacher professional development each school year.

(2) A state-approved nonpublic school may provide teacher professional development for nonpublic school teachers. The department shall credit this professional development toward the issuance or renewal of a teaching certificate or endorsement to the same extent as professional development provided by a public school is credited for its teachers for those purposes if the department determines that all of the following are met:

(a) The professional development provides substantially the same program content as professional development provided by a public school that is credited by the department toward the issuance or renewal of a teaching certificate or endorsement.

(b) The nonpublic school submits to the same auditing and documentation requirements for professional development as a public school.

(3) Professional development days provided under this section shall are not be counted toward the professional development required under section 1526.

(4) Not less than 25% of the professional development hours required under subsection (1) must be devoted to competencies in special education, including, but not limited to, the following:

(a) Federal and state special education law, including at least the following:

(i) The individuals with disabilities education act, public law 108-446.

(ii) The Americans with disabilities act of 1990, public law 101-336.

(iii) Section 504 of title V of the rehabilitation act of 1973, 29 USC 794.

(b) Instructional strategies for inclusive classrooms.

(d) Collaboration with special education staff and individualized education program teams.

Sec. 1531. (1) Except as otherwise provided in this act, the superintendent of public instruction shall determine the requirements for and issue all licenses, certificates, and endorsements for teachers, including preprimary teachers and teachers as counselors, in the public schools of this state.

(2) Except as otherwise provided in this act, the superintendent of public instruction shall only issue a teaching certificate or additional endorsement to an individual who has passed appropriate available examinations.

The superintendent of public instruction may accept passage of an equivalent examination approved by the superintendent of public instruction to meet this requirement for an individual holding a teaching certificate from another state, country, or federally recognized Indian tribe.

(3) Except as otherwise provided in this act, the superintendent of public instruction shall only issue a teaching certificate to an individual who has met the elementary or secondary, as applicable, reading credit requirements established under superintendent of public instruction rule. If an individual holds a teaching certificate, notwithstanding any rule to the contrary, the superintendent of public instruction shall not advance the individual's certification to professional certification unless the individual has successfully completed at least a 3-credit course of study with appropriate field experiences in the diagnosis and remediation of reading disabilities and differentiated instruction. To meet this requirement, the course of study should include the following elements, as determined by the department to be appropriate for the individual's certification level and endorsements: interest inventories, English language learning screening, visual and auditory discrimination tools, language expression and processing screening, phonemics, phonics, vocabulary, fluency, comprehension, spelling and writing assessment tools, and instructional strategies. An individual may complete the course of study as part of his or her the individual's teacher preparation program.

(4) Any revisions to existing reading standards must include the recognition of reading disorders and enable teachers to make referrals for instruction and support for pupils with reading disorders.

(5) Subject to subsection (8), if an individual holding a teaching certificate from another state, country, or federally recognized Indian tribe applies to the superintendent of public instruction for a Michigan teaching certificate and meets the requirements of this subsection, the superintendent of public instruction shall issue to the individual a Michigan teaching certificate and endorsements comparable to those the individual holds in the other state or country or with the federally recognized Indian tribe without requiring the individual to pass the appropriate examinations otherwise required under subsection (2) or to complete the reading credit requirement established under superintendent of public instruction rule as described in subsection (3). To be eligible to receive a Michigan teaching certificate under this subsection, an individual shall provide evidence satisfactory to the department that he or she has taught successfully for at least 3 years in a position for which the individual's teaching certification from the other state, country, or federally recognized Indian tribe was valid.

(6) Subject to subsection (8), an individual holding a teaching certificate from another state, country, or federally recognized Indian tribe is eligible for a Michigan professional education certificate if the individual meets both of the following:

(a) The individual has taught successfully for at least 3 years in a position for which the individual's teaching certification from the other state, country, or federally recognized Indian tribe was valid.

(b) The individual meets the elementary or secondary, as applicable, reading credit requirement established under superintendent of public instruction rule as described in subsection (3).

(7) Subject to subsection (8), if an individual holding a teaching certificate from another state, country, or federally recognized Indian tribe applies to the superintendent of public instruction for an additional endorsement on a valid Michigan teaching certificate and meets the requirements of this subsection, the superintendent of public instruction shall issue the individual an endorsement comparable to that which the individual holds in the other state or country or with the federally recognized Indian tribe without requiring that the individual pass the appropriate available examinations otherwise required under subsection (2). To be eligible to receive an additional endorsement under this subsection, an individual shall provide evidence satisfactory to the department that he or she has taught successfully for at least 3 years in a position for which the individual's teaching endorsement from the other state, country, or federally recognized Indian tribe is valid.

(8) The superintendent of public instruction shall deny a Michigan teaching certificate or endorsement to an individual described in subsection (5), (6), or (7) for fraud, material misrepresentation, or concealment in the individual's application for a certificate or for a conviction for which an individual's teaching certificate may be suspended or revoked under section 1535a.

(9) For the purposes of this section, the superintendent of public instruction, based upon criteria recommended by a committee of teachers, representatives of approved teacher education institutions, Michigan education organizations and associations, and experts in measurement and assessment, shall develop, select, or develop and select 1 or more subject area examinations. In addition, the superintendent of public instruction, based upon criteria recommended by the committee described in this subsection, shall approve a reading subtest to be taken and passed by individuals seeking pre-K to grade 3 or grade 3 to grade 6-level endorsement. If the department develops for use under this subsection an examination that had previously been contracted for using a competitive bid process, then the department shall not expend on the development of that examination an amount that exceeds the amount that the department expended on procurement of the most recent competitively-bid version of that examination. The competitive bid process must address validity, reliability, and other technical standards of the examinations and of the appropriate administration and use of those examinations.

(10) Not later than November 30 of each year, the superintendent of public instruction shall submit in writing a report on the development or selection and use of the subject area examinations to the house and senate education committees. The report must also contain a financial statement regarding revenue received from the assessment of fees levied under subsection (12) and the amount of and any purposes for which that revenue was expended.

(11) The examinations required by this section may be taken at different times during an approved teacher preparation program, but the examinations, as applicable, must be passed before an individual is recommended for certification.

(12) The department, or if approved by the superintendent of public instruction, a private testing service, may assess fees for taking the appropriate available examinations described in subsection (2). The fees, which must be set by the superintendent of public instruction, must not exceed the actual cost of the examination and of administering the examination. Fees received by the department must be expended solely for administrative expenses that it incurs in implementing this section. If the superintendent of public instruction increases a fee charged for an examination under this subsection, at least 1 year before implementing the fee increase, the department shall notify each approved teacher education institution of the amount of the fee increase. An approved teacher education institution shall notify each of its affected students of the timing and amount of such a fee increase.

(13) If an individual holding a teaching certificate from another state, country, or federally recognized Indian tribe applies for a Michigan teaching certificate and meets all requirements for the Michigan teaching certificate except passage of the appropriate available examinations under subsection (2) or the reading credit requirement under subsection (3), the superintendent of public instruction shall issue a nonrenewable temporary teaching certificate, good for 1 year, to the individual. The superintendent of public instruction shall not issue a Michigan teaching certificate to the individual after expiration of the temporary teaching certificate unless the individual has met the requirements of this section.

(14) As used in this section:

(a) "Additional endorsement" means an endorsement added to a Michigan teaching certificate after initial issuance of the certificate.

(b) "An individual holding a teaching certificate from another state, country, or federally recognized Indian tribe" means an individual with a valid teaching certificate or an individual who is eligible for a teaching certificate in the state or country or with the federally recognized Indian tribe in which or with which the individual is certificated or eligible for certification.

(c) "Subject area examination" means an examination related to an endorsement area for the purpose of demonstrating the applicant's knowledge and understanding of the subject matter and determining whether or not an applicant is eligible for a Michigan teaching certificate or endorsement.

(15) The superintendent of public instruction shall promulgate rules for the implementation of this section.

(16) Rules promulgated under subsection (15) must require that an individual seeking renewal of the individual's teaching certificate complete not less than 30 hours of continuing education on special education. Professional development received under section 1526 or 1527 may be used for completion of the continuing education requirement under this subsection.

(17) (16) Not later than January 1, 2019, the The superintendent of public instruction, in consultation with the department of labor and economic opportunity and groups or individuals representing employers, economic development agencies, trade unions, secondary school principals, middle and elementary school principals, teachers, school district and intermediate school district superintendents, and others as determined appropriate by the department, shall promulgate rules to allow an individual to use time spent engaging with local employers or technical centers toward the renewal of a teaching certificate in the same manner as state continuing education or professional development.

Sec. 1531k. In addition to the requirements under sections 1538a and 1531i, as applicable, the department shall not approve a teacher preparation program or an alternative teaching program, and shall revoke the approval of a teacher preparation program or an alternative teaching program, unless the teacher preparation program or alternative teaching program offers instruction regarding all of the following:

(a) The obligation of public school personnel to identify, locate, and evaluate all children suspected of having a disability under the individuals with disabilities education act, public law 108-446.

(b) Behavioral interventions for pupils with disabilities.

(d) Requirements imposed by section 504 of title V of the rehabilitation act of 1973, 29 USC 794.

Sec. 1537. The state board shall not reissue or renew a school administrator's certificate described in section 1536 unless the individual seeking the certificate has, within the last 3 years, completed a scenario-based competency assessment determined by the department that covers the legal requirements of the individuals with disabilities education act, public law 108-446, and section 504 of title V of the rehabilitation act of 1973, 29 USC 794.

Sec. 1711. (1) The intermediate school board shall do all of the following:

(a) Develop, establish, and continually evaluate and modify in cooperation with its constituent districts, a plan for special education that provides for the delivery of special education programs and services designed to meet the individual needs of each student with a disability of whom the intermediate school board is required to maintain a record under subdivision (f). The plan shall must coordinate the special education programs and services operated or contracted for by the constituent districts and shall must be submitted to the superintendent of public instruction for approval.

(b) Contract for the delivery of a special education program or service, in accordance with the intermediate school district plan in compliance with section 1701. Under the contract the intermediate school board may operate special education programs or services and furnish transportation services and room and board.

(c) Employ or engage special education personnel in accordance with the intermediate school district plan, and appoint a director of special education meeting the qualifications and requirements of the rules promulgated by the superintendent of public instruction.

(d) Accept and use available funds or contributions from governmental or private sources for the purpose of providing special education programs and services consistent with this article.

(e) Lease, purchase, or otherwise acquire vehicles, sites, buildings, or portions thereof, and equip them for its special education staff, programs, and services.

(f) Maintain a record of each student with a disability under 26 years of age, who is a resident of 1 of its constituent districts and who has not graduated from high school, and the special education programs or services in which the student with a disability is participating on the fourth Friday after Labor Day and Friday before Memorial Day. The sole basis for determining the local school district in which a student with a disability is a resident shall must be the rules promulgated by the superintendent of public instruction notwithstanding the provisions of section 1148. The records shall must be maintained in accordance with rules promulgated by the superintendent of public instruction.

(g) Have the authority to place in appropriate special education programs or services a student with a disability for whom a constituent district is required to provide special education programs or services under section 1751.

(h) Investigate special education programs and services operated or contracted for by the intermediate school board or constituent district boards and report in writing failures to comply with the provisions of a contract, statute, or rule governing the special education programs and services or with the intermediate school district plan, to the local school district board and to the superintendent of public instruction.

(i) Operate the special education programs or services or contract for the delivery of special education programs or services by local school district boards, in accordance with section 1702, as if a local school district under section 1751. The contract shall must provide for items stated in section 1751 and shall must be approved by the superintendent of public instruction. The intermediate school board shall contract for the transportation, or room and board, or both, or persons participating in the program or service as if a local school district board under sections 1756 and 1757.

(j) Receive the report of a parent or guardian or, with the consent of a parent or legal guardian, receive the report of a licensed physician, registered nurse, social worker, or school or other appropriate professional personnel whose training and relationship to students with a disability provide competence to judge them and who in good faith believes that a person an individual under 26 years of age examined by the professional is or may be a student with a disability, and immediately evaluate the person individual pursuant to rules promulgated by the superintendent of public instruction. the individuals with disabilities education act, Public Law 108-446, and the Michigan administrative rules for special education, R 340.1701 to 340.1862 of the Michigan Administrative Code. A person making or filing this report a report described in this subdivision, or a local school district board, shall does not incur liability to a person by reason of filing the report or seeking the evaluation, unless lack of good faith is proven.

(k) Evaluate pupils in accordance with section 1311.

(2) If the intermediate school board determines that an individual is not a student with a disability after an evaluation described in subsection (1)(j), the intermediate school board shall provide the parent or legal guardian of the individual with a written justification for the determination citing specific criteria. The written justification provided under this subsection must conform to the notice requirements of 34 CFR 300.503, and must provide the parent or legal guardian of the individual with information on appeal rights and the process for requesting independent evaluations under the individuals with disabilities education act, public law 108-446.

(3) (2) The intermediate school board may expend up to 10% of the annual budget but not to exceed $12,500.00, for special education programs approved by the intermediate school board without having to secure the approval of the superintendent of public instruction.

Sec. 1712. (1) The board of a school district or board of directors of a public school academy shall submit an annual report to the department that contains the following information:

(a) The percentage of students enrolled in the school district or public school academy who are students with disabilities.

(b) The number of students with disabilities that were suspended or expelled by the school district or public school academy.

(d) Eligibility determinations for students with autism spectrum disorder, specific learning disabilities, or dyslexia.

(2) The annual report described in subsection (1) must be made publicly available on the school district's or public school academy's website.

(3) The department shall establish a publicly available dashboard on the department's website that displays the following information for the previous school year:

(a) The number of complaints that each school district or public school academy has received pertaining to civil rights violations by the school district or public school academy that are currently being investigated by the United States Office for Civil Rights.

(b) The number of complaints that each school district or public school academy has received pertaining to the district's operation of special education programs, including complaints submitted through the procedure established by the department under section 1810.

(d) Graduation and dropout rates of each school district or public school academy.

Sec. 1810. (1) The department shall establish a complaint procedure that violations of state and federal special education law by a school district, intermediate school district, or public school academy can be reported to, and investigated by, the department.

(2) Not later than 5 business days following receipt of a complaint under subsection (1), the department shall transmit a copy of the complaint to the school district, intermediate school district, or public school academy alleged to have violated state or federal special education law.

(3) The department shall not require or promulgate any rule that has the effect of requiring an individual to disclose the individual's identity or any identifying information when submitting a complaint under subsection (1). The complaint procedure under subsection (1) must not require an individual to provide separate notice of the complaint to the school district, intermediate school district, or public school academy alleged to have violated state or federal special education law.

(4) If, after investigating a complaint submitted under this section, the department determines that a district representative has violated state or federal special education law, the department shall implement disciplinary action as follows:

(a) For the first violation, the district representative must undergo retraining on the district representative's obligations under state and federal special education law.

(b) For the second violation, the district representative must be placed on a probation period and placed under close monitoring by the school district, intermediate school district, or public school academy that employs the district representative to ensure no further violations of state or federal education law.

(c) For the third violation, the district representative must be terminated from employment and, if applicable, the district representative's teaching certificate or school administrator's certificate must be revoked.

(5) As used in this section:

(a) "District representative" means an individual designated by a school district, intermediate school district, or public school academy to act on its behalf in matters related to special education who meets the qualifications of a representative of the public agency under 30 CFR 300.321. A district representative must be qualified to provide, or supervise the provision of, specially designed instruction, be knowledgeable about the general education curriculum, and be knowledgeable about the availability of district resources. District representative includes a principal, assistant principal, district level official responsible for school operations, or any individual authorized to sign, finalize, or supervise documents required under state or federal special education law, including school administrators, teachers, teacher consultants, or other designees acting in that capacity.

(b) School administrator's certificate means a school administrator's certificate issued under section 1536.

Enacting section 1. This amendatory act takes effect 18 months after the date it is enacted into law.