Bill Text: MI HB5414 | 2015-2016 | 98th Legislature | Engrossed
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-Engrossed.html
HB-5414, As Passed House, December 7, 2016
SUBSTITUTE FOR
HOUSE BILL NO. 5414
A bill to amend 1976 PA 451, entitled
"The revised school code,"
(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:
(a) 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:
(i) Describe in detail the emergency intervention procedures.
(ii) Describe in detail the legal limits on the use of
emergency seclusion and emergency physical restraint, including
examples of legally permissible and prohibited use.
(iii) 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.
(iv) Conduct a peer review by knowledgeable school personnel.
(v) Provide the parent or guardian with all of the following,
in writing and orally:
(A) 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.
(B) 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.
(C) 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.
(D) 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.
(E) A description of possible discomforts or risks.
(F) Answers to any questions.
(b) 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.
(c) 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:
(a) House Bill No. 5410.
(b) House Bill No. 5417.
