Bill Text: MI HB5416 | 2015-2016 | 98th Legislature | Enrolled
Bill Title: Education; discipline; certain provisions concerning training; 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. 1307g.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-12-31 - Assigned Pa 401'16 [HB5416 Detail]
Download: Michigan-2015-HB5416-Enrolled.html
STATE OF MICHIGAN
98TH LEGISLATURE
REGULAR SESSION OF 2016
Introduced by Rep. Heise
ENROLLED HOUSE BILL No. 5416
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 1307g.
The People of the State of Michigan enact:
Sec. 1307g. The state policy under section 1307a shall include at least all of the following provisions concerning training, which may include online training that is developed or approved by the department:
(a) In accordance with department guidelines, a school district, intermediate school district, or public school academy shall implement a comprehensive training framework that includes awareness training for all school personnel who have regular contact with pupils and comprehensive training for key identified personnel as described in subdivision (b).
(b) A school district, intermediate school district, or public school academy shall identify sufficient key personnel to ensure that trained personnel are generally available for an emergency situation. Before using emergency seclusion or emergency physical restraint with pupils, key identified personnel who may have to respond to an emergency situation shall be trained in all of subparagraphs (i) to (xvi) as follows and should be trained in all of subparagraphs (xvii) to (xx) as follows:
(i) Proactive practices and strategies that ensure the dignity of pupils.
(ii) De-escalation techniques.
(iii) Techniques to identify pupil behaviors that may trigger emergency situations.
(iv) Related safety considerations, including information regarding the increased risk of injury to pupils and school personnel when seclusion or restraint is used.
(v) Instruction in the use of emergency seclusion and emergency physical restraint.
(vi) Identification of events and environmental factors that may trigger emergency situations.
(vii) Instruction on the state policy on the use of seclusion and restraint.
(viii) Description and identification of dangerous behaviors.
(ix) Methods for evaluating the risk of harm to determine whether the use of emergency seclusion or emergency physical restraint is warranted.
(x) Types of seclusion.
(xi) Types of restraint.
(xii) The risk of using seclusion or restraint in consideration of a pupil’s known and unknown physical or mental health conditions or psychological limitations.
(xiii) The effects of seclusion and restraint on all pupils.
(xiv) How to monitor for and identify the physical signs of distress and the implications for pupils generally and for pupils with particular physical or mental health conditions or psychological limitations.
(xv) How to obtain appropriate medical assistance.
(xvi) Cardiopulmonary resuscitation and first aid.
(xvii) Conflict resolution.
(xviii) Mediation.
(xix) Social skills training.
(xx) Positive behavioral intervention and support strategies.
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.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
