Bill Text: MI SB1230 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Education: discipline; advance oral and written notice regarding disciplinary hearings; require. Amends sec. 1310d of 1976 PA 451 (MCL 380.1310d). TIE BAR WITH: SB 1228'20
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Introduced - Dead) 2020-11-18 - Referred To Committee On Education And Career Readiness [SB1230 Detail]
Download: Michigan-2019-SB1230-Introduced.html
SENATE BILL NO. 1230
November 18, 2020, Introduced by Senators
IRWIN, HOLLIER, MCBROOM, BAYER, GEISS, CHANG, BULLOCK and SANTANA and
referred to the Committee on Education and Career Readiness.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1310d (MCL 380.1310d), as added by 2016 PA 360.
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
must consider each of the
following factors:
(a) The pupil's age.
(b) The pupil's disciplinary history.
(c) Whether the pupil is a student with a disability.
(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), and subject to subsection (5), 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 For a
suspension of more than 10 days or an expulsion, there is a rebuttable
presumption that a the 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) and held a hearing as required under subsection (5).
For a suspension of 10 or fewer days, there is no rebuttable presumption, but
the board or board of directors, or its designee, shall
must 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 school zone.
(4) Except as provided in subsection (3), consideration of
the factors listed in subsection (1) is mandatory before suspending or
expelling a student pupil
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)
Except as provided in subsection (3), for the suspension of a pupil for more
than 10 days, the alternative placement of a pupil for more than 10 days for
disciplinary reasons, or an expulsion, the board of a school district or
intermediate school district or board of directors of a public school academy,
or its designee, must do both of the following:
(a)
Hold a hearing that complies with the requirements of section 1310e no later
than 10 days after the beginning of the suspension, alternative placement
described in this subsection, or expulsion, unless the pupil or the pupil's parent
or legal guardian has agreed to or requested a delay. The hearing must not
proceed if the pupil or the pupil's parent or legal guardian has agreed to or requested
a delay.
(b)
Not less than 5 days before the hearing described in subdivision (a), give notice
by telephone and by mail or electronic mail to the pupil's
parent or legal guardian of all of the following:
(i) The specific disciplinary complaint
against the pupil, including a complete written description of the incident
leading to removal.
(ii) The time, date, and place of the hearing
described in subdivision (a).
(iii) The justification for the disciplinary
decision.
(iv) A summary of the evidence that will
be presented against the pupil.
(v) A copy of all documents and evidence
relevant to the incident, including, but not limited to, witness statements.
(vi) A copy of all materials reviewed in investigating
the incident, including, but not limited to, video recordings.
(vii) An explanation of the hearing
procedures and the pupil's rights, including, but not limited to, the pupil's right
to be represented by an attorney or a non-attorney advocate at the hearing
described in subdivision (a).
(viii) A statement that it is possible under
applicable law that any testimony the pupil gives in the presence of law
enforcement officers may be used against the pupil in a court of law at a
future date.
(ix) Notice that the pupil, or the pupil's parent, legal
guardian, or representative described in subparagraph (vii), may request a closed hearing without the
presence of the public, law enforcement officers, or security guards except as necessary
for the safety of the participants in the hearing.
(6)
A copy of a document provided under subsection (5) may be redacted, if
necessary, to protect pupil privacy.
(7)
(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.
(c) "Suspend" means to exclude a pupil from school
for disciplinary reasons for a period of fewer than 60 school days.
(d) "Weapon free school zone" means that term as
defined in section 1311.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 1228 of the 100th Legislature is enacted into law.
