Bill Text: MI HB5693 | 2015-2016 | 98th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Education; discipline; requirement for mandatory expulsion for certain criminal offenses; modify. Amends sec. 1311 of 1976 PA 451 (MCL 380.1311).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2016-12-28 - Assigned Pa 364'16 With Immediate Effect [HB5693 Detail]

Download: Michigan-2015-HB5693-Introduced.html

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HOUSE BILL No. 5693

May 25, 2016, Introduced by Rep. Howrylak and referred to the Committee on Education.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending section 1311 (MCL 380.1311), as amended by 2008 PA 1.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1311. (1) Subject to subsection (2), the school board, or

 

the school district superintendent, a school building principal, or

 

another school district official if designated by the school board,

 

may authorize or order the suspension or expulsion from school of a

 

pupil guilty of gross misdemeanor or persistent disobedience if, in

 

the judgment of the school board or its designee, as applicable,

 

the interest of the school is served by the authorization or order.

 

If there is reasonable cause to believe that the pupil is a student

 

with a disability, and the school district has not evaluated the

 

pupil in accordance with rules of the superintendent of public

 

instruction to determine if the pupil is a student with a

 

disability, the pupil shall be evaluated immediately by the

 

intermediate school district of which the school district is

 

constituent in accordance with section 1711.

 

     (2) If Subject to section 1310d, if a pupil possesses in a

 

weapon free school zone a weapon that constitutes a dangerous

 

weapon, commits arson in a school building or on school grounds, or

 

commits criminal sexual conduct in a school building or on school

 

grounds, the school board, or the designee of the school board as

 

described in subsection (1) on behalf of the school board, shall

 

expel the pupil from the school district permanently, subject to

 

possible reinstatement under subsection (5). However, a school

 

board is not required to expel a pupil for possessing a weapon if

 

the pupil establishes in a clear and convincing manner at least 1

 

of the following:

 

     (a) The object or instrument possessed by the pupil was not

 

possessed by the pupil for use as a weapon, or for direct or

 

indirect delivery to another person for use as a weapon.

 

     (b) The weapon was not knowingly possessed by the pupil.

 

     (c) The pupil did not know or have reason to know that the

 

object or instrument possessed by the pupil constituted a dangerous

 

weapon.

 

     (d) The weapon was possessed by the pupil at the suggestion,

 

request, or direction of, or with the express permission of, school

 

or police authorities.

 

     (3) If an individual is expelled pursuant to subsection (2),

the expelling school district shall enter on the individual's

 

permanent record that he or she has been expelled pursuant to

 

subsection (2). Except if a school district operates or

 

participates cooperatively in an alternative education program

 

appropriate for individuals expelled pursuant to subsection (2) and

 

in its discretion admits the individual to that program, and except

 

for a strict discipline academy established under sections 1311b to

 

1311l, 1311m, an individual expelled pursuant to subsection (2) is

 

expelled from all public schools in this state and the officials of

 

a school district shall not allow the individual to enroll in the

 

school district unless the individual has been reinstated under

 

subsection (5). Except as otherwise provided by law, a program

 

operated for individuals expelled pursuant to subsection (2) shall

 

ensure that those individuals are physically separated at all times

 

during the school day from the general pupil population. If an

 

individual expelled from a school district pursuant to subsection

 

(2) is not placed in an alternative education program or strict

 

discipline academy, the school district may provide, or may arrange

 

for the intermediate school district to provide, appropriate

 

instructional services to the individual at home. The type of

 

services provided shall meet the requirements of section 6(4)(u) of

 

the state school aid act of 1979, MCL 388.1606, and the services

 

may be contracted for in the same manner as services for homebound

 

pupils under section 109 of the state school aid act of 1979, MCL

 

388.1709. This subsection does not require a school district to

 

expend more money for providing services for a pupil expelled

 

pursuant to subsection (2) than the amount of the foundation

allowance the school district receives for the pupil as calculated

 

under section 20 of the state school aid act of 1979, MCL 388.1620.

 

     (4) If a school board expels an individual pursuant to

 

subsection (2), the school board shall ensure that, within 3 days

 

after the expulsion, an official of the school district refers the

 

individual to the appropriate county department of social services

 

or county community mental health agency and notifies the

 

individual's parent or legal guardian or, if the individual is at

 

least age 18 or is an emancipated minor, notifies the individual of

 

the referral.

 

     (5) The parent or legal guardian of an individual expelled

 

pursuant to subsection (2) or, if the individual is at least age 18

 

or is an emancipated minor, the individual may petition the

 

expelling school board for reinstatement of the individual to

 

public education in the school district. If the expelling school

 

board denies a petition for reinstatement, the parent or legal

 

guardian or, if the individual is at least age 18 or is an

 

emancipated minor, the individual may petition another school board

 

for reinstatement of the individual in that other school district.

 

All of the following apply to reinstatement under this subsection:

 

     (a) For an individual who was enrolled in grade 5 or below at

 

the time of the expulsion and who has been expelled for possessing

 

a firearm or threatening another person with a dangerous weapon,

 

the parent or legal guardian or, if the individual is at least age

 

18 or is an emancipated minor, the individual may initiate a

 

petition for reinstatement at any time after the expiration of 60

 

school days after the date of expulsion. For an individual who was

enrolled in grade 5 or below at the time of the expulsion and who

 

has been expelled pursuant to subsection (2) for a reason other

 

than possessing a firearm or threatening another person with a

 

dangerous weapon, the parent or legal guardian or, if the

 

individual is at least age 18 or is an emancipated minor, the

 

individual may initiate a petition for reinstatement at any time.

 

For an individual who was in grade 6 or above at the time of

 

expulsion, the parent or legal guardian or, if the individual is at

 

least age 18 or is an emancipated minor, the individual may

 

initiate a petition for reinstatement at any time after the

 

expiration of 150 school days after the date of expulsion.

 

     (b) An individual who was in grade 5 or below at the time of

 

the expulsion and who has been expelled for possessing a firearm or

 

threatening another person with a dangerous weapon shall not be

 

reinstated before the expiration of 90 school days after the date

 

of expulsion. An individual who was in grade 5 or below at the time

 

of the expulsion and who has been expelled pursuant to subsection

 

(2) for a reason other than possessing a firearm or threatening

 

another person with a dangerous weapon shall not be reinstated

 

before the expiration of 10 school days after the date of the

 

expulsion. An individual who was in grade 6 or above at the time of

 

the expulsion shall not be reinstated before the expiration of 180

 

school days after the date of expulsion.

 

     (c) It is the responsibility of the parent or legal guardian

 

or, if the individual is at least age 18 or is an emancipated

 

minor, of the individual to prepare and submit the petition. A

 

school board is not required to provide any assistance in preparing

the petition. Upon request by a parent or legal guardian or, if the

 

individual is at least age 18 or is an emancipated minor, by the

 

individual, a school board shall make available a form for a

 

petition.

 

     (d) Not later than 10 school days after receiving a petition

 

for reinstatement under this subsection, a school board shall

 

appoint a committee to review the petition and any supporting

 

information submitted by the parent or legal guardian or, if the

 

individual is at least age 18 or is an emancipated minor, by the

 

individual. The committee shall consist of 2 school board members,

 

1 school administrator, 1 teacher, and 1 parent of a pupil in the

 

school district. During this time the superintendent of the school

 

district may prepare and submit for consideration by the committee

 

information concerning the circumstances of the expulsion and any

 

factors mitigating for or against reinstatement.

 

     (e) Not later than 10 school days after all members are

 

appointed, the committee described in subdivision (d) shall review

 

the petition and any supporting information and information

 

provided by the school district and shall submit a recommendation

 

to the school board on the issue of reinstatement. The

 

recommendation shall be for unconditional reinstatement, for

 

conditional reinstatement, or against reinstatement, and shall be

 

accompanied by an explanation of the reasons for the recommendation

 

and of any recommended conditions for reinstatement. The

 

recommendation shall be based on consideration of all of the

 

following factors:

 

     (i) The extent to which reinstatement of the individual would

create a risk of harm to pupils or school personnel.

 

     (ii) The extent to which reinstatement of the individual would

 

create a risk of school district liability or individual liability

 

for the school board or school district personnel.

 

     (iii) The age and maturity of the individual.

 

     (iv) The individual's school record before the incident that

 

caused the expulsion.

 

     (v) The individual's attitude concerning the incident that

 

caused the expulsion.

 

     (vi) The individual's behavior since the expulsion and the

 

prospects for remediation of the individual.

 

     (vii) If the petition was filed by a parent or legal guardian,

 

the degree of cooperation and support that has been provided by the

 

parent or legal guardian and that can be expected if the individual

 

is reinstated, including, but not limited to, receptiveness toward

 

possible conditions placed on the reinstatement.

 

     (f) Not later than the next regularly scheduled board meeting

 

after receiving the recommendation of the committee under

 

subdivision (e), a school board shall make a decision to

 

unconditionally reinstate the individual, conditionally reinstate

 

the individual, or deny reinstatement of the individual. The

 

decision of the school board is final.

 

     (g) A school board may require an individual and, if the

 

petition was filed by a parent or legal guardian, his or her parent

 

or legal guardian to agree in writing to specific conditions before

 

reinstating the individual in a conditional reinstatement. The

 

conditions may include, but are not limited to, agreement to a

behavior contract, which may involve the individual, parent or

 

legal guardian, and an outside agency; participation in or

 

completion of an anger management program or other appropriate

 

counseling; periodic progress reviews; and specified immediate

 

consequences for failure to abide by a condition. A parent or legal

 

guardian or, if the individual is at least age 18 or is an

 

emancipated minor, the individual may include proposed conditions

 

in a petition for reinstatement submitted under this subsection.

 

     (6) A school board or school administrator that complies with

 

subsection (2) is not liable for damages for expelling a pupil

 

pursuant to subsection (2), and the authorizing body of a public

 

school academy is not liable for damages for expulsion of a pupil

 

by the public school academy pursuant to subsection (2).

 

     (7) The department shall develop and distribute to all school

 

districts a form for a petition for reinstatement to be used under

 

subsection (5).

 

     (8) This section does not diminish any rights under federal

 

law of a pupil who has been determined to be eligible for special

 

education programs and services.

 

     (9) If a pupil expelled from a public school district pursuant

 

to subsection (2) is enrolled by a public school district sponsored

 

alternative education program or a public school academy during the

 

period of expulsion, the public school academy or alternative

 

education program shall immediately become eligible for the

 

prorated share of either the public school academy or operating

 

school district's foundation allowance or the expelling school

 

district's foundation allowance, whichever is higher.

     (10) If an individual is expelled pursuant to subsection (2),

 

it is the responsibility of that individual and of his or her

 

parent or legal guardian to locate a suitable alternative

 

educational program and to enroll the individual in such a program

 

during the expulsion. The office of safe schools in the department

 

shall compile information on and catalog existing alternative

 

education programs or schools and nonpublic schools that may be

 

open to enrollment of individuals expelled pursuant to subsection

 

(2) and pursuant to section 1311a, and shall periodically

 

distribute this information to school districts for distribution to

 

expelled individuals. A school board that establishes an

 

alternative education program or school described in this

 

subsection shall notify the office of safe schools about the

 

program or school and the types of pupils it serves. The office of

 

safe schools also shall work with and provide technical assistance

 

to school districts, authorizing bodies for public school

 

academies, and other interested parties in developing these types

 

of alternative education programs or schools in geographic areas

 

that are not being served.

 

     (11) As used in this section:

 

     (a) "Arson" means a felony violation of chapter X of the

 

Michigan penal code, 1931 PA 328, MCL 750.71 to 750.80.750.79.

 

     (b) "Criminal sexual conduct" means a violation of section

 

520b, 520c, 520d, 520e, or 520g of the Michigan penal code, 1931 PA

 

328, MCL 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g.

 

     (c) "Dangerous weapon" means that term as defined in section

 

1313.

     (d) "Firearm" means that term as defined in section 921 of

 

title 18 of the United States Code, 18 USC 921.

 

     (e) "School board" means a school board, intermediate school

 

board, or the board of directors of a public school academy.

 

     (f) "School district" means a school district, a local act

 

school district, an intermediate school district, or a public

 

school academy.

 

     (g) "Weapon free school zone" means that term as defined in

 

section 237a of the Michigan penal code, 1931 PA 328, MCL 750.237a.

 

     Enacting section 1. This amendatory act takes effect August 1,

 

2017.

 

     Enacting section 2. This amendatory act does not take effect

 

unless House Bill No. 5618 of the 98th Legislature is enacted into

 

law.