Bill Text: MI SB1182 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Education; discipline; penalty for student involved in pupil-to-pupil or pupil-to-nonpupil assault; revise. Amends secs. 1310 & 1311a of 1976 PA 451 (MCL 380.1310 & 380.1311a).

Spectrum: Slight Partisan Bill (Republican 7-3)

Status: (Introduced - Dead) 2012-06-14 - Referred To Committee On Education [SB1182 Detail]

Download: Michigan-2011-SB1182-Introduced.html

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SENATE BILL No. 1182

 

 

June 14, 2012, Introduced by Senators BIEDA, KOWALL, JONES, NOFS, MARLEAU, COLBECK, EMMONS, HOPGOOD, CASPERSON and YOUNG and referred to the Committee on Education.

 

 

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending sections 1310 and 1311a (MCL 380.1310 and 380.1311a),

 

section 1310 as amended by 2000 PA 230 and section 1311a as amended

 

by 2007 PA 138.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1310. (1) 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 may 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 suspended or expelled from another

 

school district under this section to attend school in the school

 

district during the expulsion.

 

     (2) If an individual is suspended or expelled pursuant to 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

 

suspension or 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 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, a local act

 

school district, an intermediate school district, or a public

 

school academy.

 

     Sec. 1311a. (1) 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 may 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) 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 may 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 suspended or

 

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 this

 

section, the expelling school district shall enter on the

 

individual's permanent record that he or she has been permanently

 

expelled pursuant to this section. Except if a school district

 

operates or participates cooperatively in an alternative education

 

program appropriate for individuals expelled pursuant to 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 1311l, an individual

 

permanently expelled pursuant to 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 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 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 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 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 this section, 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.

 

     (5) The parent or legal guardian of an individual permanently

 

expelled pursuant to 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 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 be for unconditional reinstatement, for

 

conditional reinstatement, or against reinstatement, and shall be

 

accompanied by an explanation of the reasons for the recommendation

 

and of any recommended conditions for reinstatement. The

 

recommendation shall 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

 

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.

 

     (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 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 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

 

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 an individual is expelled pursuant to 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 this section and pursuant to 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, a local act

 

school district, an intermediate school district, or a public

 

school academy.