Bill Text: MI SB1229 | 2019-2020 | 100th Legislature | Introduced

Michigan Senate Bill 1229 (Prior Session Legislation)

Introduced

Bill Title: Education: discipline; disciplinary hearing appeal process; modify. Amends 1976 PA 451 (MCL 380.1 0 380.1852) by adding sec. 1310f. TIE BAR WITH: SB 1230'20, SB 1228'20

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2020-11-18 - Referred To Committee On Education And Career Readiness [SB1229 Detail]

Download: Michigan-2019-SB1229-Introduced.html

SENATE BILL NO. 1229

November 18, 2020, Introduced by Senators IRWIN, HOLLIER, MCBROOM, BAYER, GEISS, CHANG and BULLOCK and referred to the Committee on Education and Career Readiness.

A bill to amend 1976 PA 451, entitled

"The revised school code,"

(MCL 380.1 to 380.1852) by adding section 1310f.

the people of the state of michigan enact:

Sec. 1310f. (1) The board of a school district or intermediate school district or board of directors of a public school academy, or its designee, shall develop an appeal process for a pupil to appeal a disciplinary decision or a decision of an independent decision maker or independent decision makers under section 1310e, that must include the appointment of an appeal panel as described in subsection (4). Except for the decision of an appeal panel upholding an expulsion, the decision of an appeal panel under this subsection is a final decision subject to judicial review under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. An appeal process under this subsection must satisfy all of the following requirements:

(a) Be conducted in writing.

(b) Require the pupil seeking to appeal to file the appeal no later than 30 days after the pupil receives notification of the disciplinary decision or decision of an independent decision maker or independent decision makers under section 1310e.

(c) Require the pupil to give notice of the appeal by mail, electronic mail, or facsimile to the pupil's school district or intermediate school district, or public school academy, or its designee, within 5 days after filing the appeal.

(d) Allow the pupil's school district or intermediate school district, or public school academy, or its designee, to file a written response to the appeal with the appeal panel within 5 days after receiving notice of the appeal.

(e) Require the appeal to be decided by an appeal panel as described in subsection (4). The appeal panel must review the written submissions of the parties to the appeal and the evidence that was the basis of the disciplinary decision or decision of an independent decision maker or independent decision makers under section 1310e, and correct any procedural errors in making the disciplinary decision or decision of an independent decision maker or independent decision makers under section 1310e.

(f) Require the appeal panel to submit its decision in writing to the parties to the appeal no later than 14 days after the pupil files the appeal.

(2) The department and intermediate school districts shall develop a coordinated appeal process for a pupil to appeal the decision of an appeal panel under subsection (1) upholding the pupil's expulsion, that must include the appointment of an appeal panel as described in subsection (4). The decision of an appeal panel under this subsection is a final decision subject to judicial review under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. An appeal process under this subsection must satisfy all of the following requirements:

(a) Be conducted in writing.

(b) Require the pupil seeking to appeal to file the appeal no later than 30 days after the pupil receives notification of the decision of the appeal panel under subsection (1).

(f) Require the appeal panel to submit its decision in writing to the parties to the appeal no later than 14 days after the pupil files the appeal.

(3) The department shall develop an appeal process for a school district or intermediate school district, or a public school academy, or its designee, to appeal a decision of an independent decision maker or independent decision makers under section 1310e, that must include the appointment of an appeal panel as described in subsection (4). The decision of an appeal panel under this subsection is a final decision subject to judicial review under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. An appeal process under this subsection must satisfy all of the following requirements:

(a) Be conducted in writing.

(b) Require the school district or intermediate school district, or a public school academy, or its designee, seeking to appeal to file the appeal no later than 14 days after the school district or intermediate school district, or a public school academy, or its designee, receives notification of the decision of the independent decision maker or independent decision makers under section 1310e.

(c) Require the school district or intermediate school district, or public school academy, or its designee, to give notice of the appeal by mail, electronic mail, or facsimile to the pupil's parent or legal guardian within 5 days after filing the appeal.

(d) Allow the pupil to file a written response to the appeal with the appeal panel within 5 days after receiving notice of the appeal.

(e) Require the appeal to be decided by an appeal panel as described in subsection (4). The appeal panel must review the written submissions of the parties to the appeal and the evidence that was the basis of the decision of the independent decision maker or independent decision makers under section 1310e, and correct any procedural errors in making the decision.

(f) Require the appeal panel to submit its decision in writing to the parties to the appeal no later than 14 days after the school district or intermediate school district, or a public school academy, or its designee, files the appeal.

(4) An appeal under this section must be decided by an appeal panel of no less than 3 individuals, who may include a superintendent or members of a board of a school district or intermediate school district, or a chief administrator or members of a board of directors of a public school academy. An appeal panel under this section must not include an individual who meets either of the following conditions:

(a) Was previously involved in the decision being appealed, including an individual who did any of the following:

(i) Investigated the disciplinary incident that is the subject of the appeal.

(ii) Made a disciplinary decision or referral related to the appeal.

(iii) Appointed or served as an independent decision maker under section 1310e for the decision being appealed.

(b) Has a personal interest in the outcome of the appeal.

(5) This section does not limit a pupil's right to seek relief under other applicable law including, but not limited to, state and federal civil rights laws.

(6) As used in this section:

(a) "Disciplinary decision" means any of the following actions against a pupil:

(i) Alternative placement for disciplinary reasons for more than 10 days.

(ii) Expulsion.

(iii) Suspension for more than 10 days.

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

Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 100th Legislature are enacted into law:

(a) Senate Bill No.1230.

(b) Senate Bill No. 1228.