Bill Text: MI SB1028 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Education: attendance; compulsory attendance requirements, and reporting of suspensions, expulsion, truancy, and absenteeism; revise. Amends secs. 1310a, 1311 & 1561 of 1976 PA 451 (MCL 380.1310a et seq.).
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2020-07-23 - Referred To Committee On Education And Career Readiness [SB1028 Detail]
Download: Michigan-2019-SB1028-Introduced.html
SENATE BILL NO. 1028
July 23, 2020, Introduced by Senators MCCANN,
CHANG, BULLOCK, BRINKS, BAYER, ALEXANDER, GEISS, POLEHANKI and MCMORROW and
referred to the Committee on Education and Career Readiness.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 1310a, 1311, and 1561 (MCL 380.1310a, 380.1311, and 380.1561), sections 1310a and 1561 as amended by 2016 PA 532 and section 1311 as amended by 2018 PA 145.
the people of the state of michigan enact:
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.that includes all of the following:
(a) The number of pupils expelled or suspended from the school district during the immediately preceding school year.
(b) The number of pupils who were truant, chronically absent, or disciplinary absent during the immediately preceding school year.
(c) For each expulsion or suspension, a brief written description of the incident that caused the expulsion or suspension and the disciplinary outcomes.
(d) For each incident of a pupil who was truant, chronically absent, or disciplinary absent, a brief written description of the incident and the identification of the race, gender, and ethnicity of the pupil.
(e) For the immediately preceding school year, a breakdown of the number of pupils by race, gender, and ethnicity who were expelled, suspended, truant, chronically absent, or disciplinary absent.
(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 all incidents 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 must 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
(a) "At school", "school board", and "school district" mean those terms as defined in section 1310.
(b)
"Chronically absent" and "truant", mean those terms as
defined in section 1561.
(c) "Disciplinary absent" means a pupil is absent as a result of disciplinary action imposed by school officials and the absence is neither an unexcused or excused absence.
(d) "Excused absence" means that term as defined in section 1561.
(e) "Unexcused absence" means that term as defined in section 1561.
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 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. A pupil must not be suspended or expelled solely for being truant or chronically absent.
(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 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 health and human services or county community mental health agency services program 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 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 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) "Chronically absent" means that term as defined in section 1561.
(c) (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) (c) "Dangerous weapon" means that term as defined in section 1313.
(e) (d) "Firearm" means that term as defined in section 921 of title 18 of the United States Code, 18 USC 921.
(f) (e) "School board" means a school board, intermediate school board, or the board of directors of a public school academy.
(g) (f) "School district" means a school district, intermediate school district, or public school academy.
(h) "Truant" means that term as defined in section 1561.
(i) (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. 1561. (1) Except as otherwise provided in this section, for a child who turned age 11 before December 1, 2009 or who entered grade 6 before 2009, the child's parent, legal guardian, or other person in this state having control and charge of the child shall send that child to a public school during the entire school year from the age of 6 to the child's sixteenth birthday. Except as otherwise provided in this section, for a child who turns age 11 on or after December 1, 2009 or a child who was age 11 before that date and enters grade 6 in 2009 or later, the child's parent, legal guardian, or other person in this state having control and charge of the child shall send the child to a public school during the entire school year from the age of 6 to the child's eighteenth birthday. The child's attendance shall be continuous and consecutive for the school year fixed by the school district in which the child is enrolled. In a school district that maintains school during the entire calendar year and in which the school year is divided into quarters, a child is not required to attend the public school more than 3 quarters in 1 calendar year, but a child shall not be absent for 2 or more consecutive quarters.
(2) A child becoming 6 years of age before December 1 shall must be enrolled on the first school day of the school year in which the child's sixth birthday occurs and must be in attendance after enrollment, and a child becoming 6 years of age on or after December 1 shall must be enrolled on the first school day of the school year following the school year in which the child's sixth birthday occurs and must be in attendance after enrollment. If a child is truant or chronically absent, the public school in which the child is enrolled shall take the measures required under section 1586.
(3) A child is not required to attend be in attendance in a public school in any of the following cases:
(a) The child is attending regularly and is being taught in a state approved nonpublic school, which teaches subjects comparable to those taught in the public schools to children of corresponding age and grade, as determined by the course of study for the public schools of the district within which the nonpublic school is located.
(b) The child is less than 9 years of age and does not reside within 2-1/2 miles by the nearest traveled road of a public school. If transportation is furnished for pupils in the school district of the child's residence, this subdivision does not apply.
(c) The child is age 12 or 13 and is in attendance at attending confirmation classes conducted for a period of 5 months or less.
(d) The child is regularly enrolled in a public school while in attendance at attending religious instruction classes for not more than 2 class hours per week, off public school property during public school hours, upon written request of the parent, legal guardian, or person in loco parentis.
(e) The child has graduated from high school or has fulfilled all requirements for high school graduation.
(f) The child is being educated at the child's home by his or her parent or legal guardian in an organized educational program in the subject areas of reading, spelling, mathematics, science, history, civics, literature, writing, and English grammar.
(4) For a child being educated at the child's home by his or her parent or legal guardian, exemption from the requirement to attend be in attendance in public school may exist under either subsection (3)(a) or (3)(f), or both.
(5) For a child who turns age 11 on or after December 1, 2009 or who was age 11 before that date and enters grade 6 in 2009 or later, this section does not apply to the child if the child is at least age 16 and the child's parent or legal guardian has provided to school officials of the school district in which the child resides a written notice that the child has the permission of the parent or legal guardian to stop attending school.
(6) For the purposes of requiring a pupil's parent or legal guardian to provide documentation for an excused absence under this section, a school district, intermediate school district, or public school academy shall take steps to provide appropriate assistance for illiteracy and shall allow a non-English-speaking parent or legal guardian to submit documentation in his or her native language.
(7) For purposes
of data collection, a disciplinary absence of 1 to 5 consecutive days must be
labeled and tracked as short-term and a disciplinary absence of 6 or more
consecutive days must be labeled and tracked as long-term.
(8) For an absence due to illness or medical condition of a pupil, documentation by a licensed medical professional or an individual described in section 16171 of the public health code, 1978 PA 368, MCL 333.16171, is required if the pupil's illness- or medical-condition-related absence lasts for 5 or more consecutive school days in the same school year.
(9) As used in this section:
(a) "Chronically absent" means a pupil is absent for 10% or more of the days school is in session in a school year for which the pupil is enrolled in school.
(b) "Disciplinary absence" means an absence that is the result of disciplinary action imposed by school officials and is neither an unexcused or excused absence.
(c)
"Documentation" means a written document that includes a signed note
from a pupil's parent or legal guardian, a signed note from a school employee
or official who spoke in person to a pupil's parent or legal guardian regarding
the pupil's absence, or a note confirming a pupil's absence by a school nurse,
a licensed medical professional, or an individual described in section 16171 of the public health code,
1978 PA 368, MCL 333.16171.
(d) "Excused absence" means either of the following, as applicable:
(i) An absence for a reason determined by the advisory committee described under section 1578a, to constitute a sufficient reason for an excused absence under this subparagraph and for which documentation of the reason for the absence has been submitted to the pupil's school and approved by the pupil's school.
(ii) An absence for 1 of the following reasons if documentation has been submitted to the pupil's school and approved by the pupil's school:
(A) Illness or medical condition of the pupil.
(B) Medical appointment of the pupil, including, but not limited to, a counseling appointment, dental appointment, or optometry appointment.
(C) The pupil's observance of a religious holiday.
(D) Death in the pupil's family.
(E) Other emergency beyond the control of the pupil or the pupil's family.
(F) A mandated court appearance for the pupil.
(G) An educational opportunity that is pre-approved by school officials in accordance with department guidelines.
(H) Military service of the pupil's parent or legal guardian.
(I) Incidents of trauma, including, but not limited to, homelessness, sexual or physical abuse, thoughts of or witness to suicide, and harassment.
(e) "In attendance" means, for a school day, that a pupil is present at his or her assigned school or school activity as defined by the department in its pupil accounting manual.
(f) "Late arrival" means arriving for class or a school activity after the established commencement time, unless excused.
(g) "School activity" means an activity sponsored by a school at which attendance by the pupil is mandatory.
(h) "Truant" means a child who has 10 or more unexcused absences per school year.
(i) "Unexcused absence" means any absence that is neither an excused absence or a disciplinary absence. Also, the accumulation of 10 late arrivals equals 1 unexcused absence.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 1037 of the 100th Legislature is enacted into law.
