Bill Text: MI HB5414 | 2015-2016 | 98th Legislature | Enrolled

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Bill Title: Education; discipline; certain provisions concerning emergency intervention; require to be included in state policy on schoolwide positive behavioral intervention and support plans. Amends 1976 PA 451 (MCL 380.1 - 380.1852) by adding sec. 1307e.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2016-12-31 - Assigned Pa 399'16 [HB5414 Detail]

Download: Michigan-2015-HB5414-Enrolled.html

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Introduced by Rep. Price

STATE OF MICHIGAN 98TH LEGISLATURE

REGULAR SESSION OF 2016

ENROLLED HOUSE BILL No. 5414

AN ACT to amend 1976 PA 451, entitled “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,” (MCL 380.1 to 380.1852) by adding section 1307e.

The People of the State of Michigan enact:

Sec. 1307e. The state policy under section 1307a shall include at least all of the following provisions concerning development and implementation of an emergency intervention plan:

1. If a pupil exhibits a pattern of behavior that poses a substantial risk of creating an emergency situation in the future that could result in the use of emergency seclusion or emergency physical restraint, school personnel should develop a written emergency intervention plan to protect the health, safety, and dignity of the pupil. The emergency intervention plan should be developed in partnership with the parent or guardian by a team that includes a teacher, an individual knowledgeable about the legally permissible use of emergency seclusion and emergency physical restraint, and an individual knowledgeable about the use of positive behavioral intervention and support to eliminate the use of seclusion and restraint. The emergency intervention plan should be developed and implemented by taking all of the following documented steps:

   1. Describe in detail the emergency intervention procedures.

   2. Describe in detail the legal limits on the use of emergency seclusion and emergency physical restraint, including examples of legally permissible and prohibited use.

   3. Make inquiry to the pupil’s medical personnel, with parental consent, regarding any known medical or health contraindications for the use of emergency seclusion or emergency physical restraint.

   4. Conduct a peer review by knowledgeable school personnel.

   5. Provide the parent or guardian with all of the following, in writing and orally:

      1. A detailed explanation of the positive behavioral intervention and support strategies that will be utilized to reduce the risk of the pupil’s behavior creating an emergency situation.

      2. An explanation of what constitutes an emergency situation as defined in section 1307h, including examples of situations that would fall within the definition and situations that would fall outside the definition.

      3. A detailed explanation of the intervention procedures to be followed in an emergency situation, including the potential use of emergency seclusion and emergency physical restraint.

      4. A detailed explanation of the legal limits on the use of emergency seclusion and emergency physical restraint, including examples of legally permissible and prohibited use.

      5. A description of possible discomforts or risks.

      6. Answers to any questions.

2. A pupil who is the subject of an emergency intervention plan should be told or shown the circumstances under which emergency seclusion or emergency physical restraint could be used.

3. Emergency seclusion or emergency physical restraint must only be used in response to an ongoing emergency situation and not as a planned response for the convenience of school personnel, as discipline or punishment, or as a substitute for an appropriate educational program. The development of an emergency intervention plan shall be solely for the purpose of protecting the health, safety, and dignity of the pupil and does not expand the legally permissible use of emergency seclusion or emergency physical restraint.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.

Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 98th Legislature are enacted into law:

1. House Bill No. 5410.

2. House Bill No. 5417.

Clerk of the House of Representatives

Secretary of the Senate

Approved Governor