Bill Text: MI SB1151 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Education; attendance; compulsory attendance requirements; modify. Amends secs. 1311 & 1561 of 1976 PA 451 (MCL 380.1311 & 380.1561).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-12-02 - Referred To Committee On Education [SB1151 Detail]

Download: Michigan-2013-SB1151-Introduced.html

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SENATE BILL No. 1151

 

 

December 2, 2014, Introduced by Senator SCHUITMAKER and referred to the Committee on Education.

 

 

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending sections 1311 and 1561 (MCL 380.1311 and 380.1561),

 

section 1311 as amended by 2008 PA 1 and section 1561 as amended by

 

2009 PA 204.

 

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. A child shall not be

 

suspended or expelled solely for being truant or chronically

 

absent.

 

     (2) 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 human

 

services or county community mental health agency services program

 

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) "Chronically absent" means that term as defined in section

 

1561.

 

     (c) (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.

 

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

 

section 1313.

 

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

 

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

 

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

 

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

 

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

 

school district, an intermediate school district, or a public

 

school academy.

 

     (h) "Truant" means that term as defined in section 1561.

 

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

 

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

 

750.237a.

 

     Sec. 1561. (1) Except as otherwise provided in this section,

 

for a child who turned age 11 before December 1, 2009 or who

 

entered grade 6 before 2009, the child's parent, guardian, or other

 

person in this state having control and charge of the child shall

 

send that child to a public school during the entire school year

 

from the age of 6 to the child's sixteenth birthday. Except as

 

otherwise provided in this section, for a child who turns age 11 on

 

or after December 1, 2009 or a child who was age 11 before that

 

date and enters grade 6 in 2009 or later, the child's parent,

 

guardian, or other person in this state having control and charge

 

of the child shall send the child to a public school during the

 

entire school year from the age of 6 to the child's eighteenth

 

birthday. The child's attendance shall be continuous and

 

consecutive for the school year fixed by the school district in

 

which the child is enrolled. In a school district that maintains

 

school during the entire calendar year and in which the school year

 

is divided into quarters, a child is not required to attend the

 

public school more than 3 quarters in 1 calendar year, but a child

 

shall not be absent for 2 or more consecutive quarters.

 

     (2) A child becoming 6 years of age before December 1 shall be

 

enrolled on the first school day of the school year in which the

 

child's sixth birthday occurs and shall be in attendance after

 

enrollment, and a child becoming 6 years of age on or after

 

December 1 shall be enrolled on the first school day of the school

 

year following the school year in which the child's sixth birthday

 

occurs and shall be in attendance after enrollment. If a child is

 

truant or chronically absent, the public school in which the child

 

is enrolled shall take the measures required under section 1586.

 

     (3) A child is not required to attend be in attendance in a

 

public school in any of the following cases:

 

     (a) The child is attending regularly and is being taught in a

 

state approved nonpublic school, which teaches subjects comparable

 

to those taught in the public schools to children of corresponding

 

age and grade, as determined by the course of study for the public

 

schools of the district within which the nonpublic school is

 

located.

 

     (b) The child is less than 9 years of age and does not reside

 

within 2-1/2 miles by the nearest traveled road of a public school.

 

If transportation is furnished for pupils in the school district of

 

the child's residence, this subdivision does not apply.

 

     (c) The child is age 12 or 13 and is in attendance at

 

attending confirmation classes conducted for a period of 5 months

 

or less.

 

     (d) The child is regularly enrolled in a public school while

 

in attendance at attending religious instruction classes for not

 

more than 2 class hours per week, off public school property during

 

public school hours, upon written request of the parent, guardian,

 

or person in loco parentis under rules promulgated by the state

 

board.

 

     (e) The child has graduated from high school or has fulfilled

 

all requirements for high school graduation.

 

     (f) The child is being educated at the child's home by his or

 

her parent or legal guardian in an organized educational program in

 

the subject areas of reading, spelling, mathematics, science,

 

history, civics, literature, writing, and English grammar.

 

     (4) For a child being educated at the child's home by his or

 

her parent or legal guardian, exemption from the requirement to

 

attend be in attendance in public school may exist under either

 

subsection (3)(a) or (3)(f), or both.

 

     (5) For a child who turns age 11 on or after December 1, 2009

 

or who was age 11 before that date and enters grade 6 in 2009 or

 

later, this section does not apply to the child if the child is at

 

least age 16 and the child's parent or legal guardian has provided

 

to school officials of the school district in which the child

 

resides a written notice that the child has the permission of the

 

parent or legal guardian to stop attending school.

 

     (6) For the purposes of requiring a pupil's parent or legal

 

guardian to provide documentation for an excused absence under this

 

section, a school district, intermediate school district, or public

 

school academy shall take steps to provide appropriate assistance

 

for illiteracy and shall allow a non-English-speaking parent or

 

legal guardian to submit documentation in his or her native

 

language.

 

     (7) For purposes of data collection, a disciplinary absence of

 

1 to 5 consecutive days shall be labeled and tracked as short-term

 

and a disciplinary absence of 6 or more consecutive days shall be

 

labeled and tracked as long-term.

 

     (8) As used in this section:

 

     (a) "Chronically absent" means a pupil is absent for 10% or

 

more of the scheduled school days in a school year for which the

 

pupil is enrolled in school, whether the absenteeism is due to

 

unexcused, excused, or disciplinary absences.

 

     (b) "Disciplinary absence" means an absence that is the result

 

of disciplinary action imposed by school officials and is neither

 

an unexcused nor excused absence.

 

     (c) "Documentation" means a written document that may include

 

a signed note from a pupil's parent or legal guardian, a signed

 

note from a school employee or official who spoke in person to a

 

pupil's parent or legal guardian regarding the pupil's absence, or

 

a note confirming a pupil's absence by a school nurse or a licensed

 

medical professional. For an absence due to illness or medical

 

condition of the pupil, documentation from a licensed medical

 

professional is required only if the pupil's illness- or medical-

 

condition-related absence lasts for 5 or more consecutive school

 

days in the same school year.

 

     (d) "Excused absence" means, for a pupil's first 5 absences

 

from school for a school year, an absence for which documentation

 

of the reason for the absence has been submitted and approved. For

 

a pupil's sixth or subsequent absence from school for a school

 

year, an absence is considered excused only for 1 of the following

 

reasons and only when documentation has been submitted and

 

approved:

 

     (i) Illness or medical condition of the pupil.

 

     (ii) Medical appointment of the pupil, including, but not

 

limited to, medical, counseling, dental, or optometry.

 

     (iii) The pupil's observance of a religious holiday.

 

     (iv) Death in the pupil's family.

 

     (v) Other emergency beyond the control of the pupil or the

 

pupil's family.

 

     (vi) A mandated court appearance for the pupil.

 

     (vii) An extraordinary educational opportunity that is pre-

 

approved by school officials in accordance with department

 

guidelines.

 

     (viii) Military service of the pupil's parent or legal guardian.

 

     (ix) Homelessness.

 

     (e) "In attendance" means, for a school day, that a pupil is

 

present at his or her assigned school or school activity for at

 

least 90% of the school day.

 

     (f) "Late arrival" or "tardy" means arriving for class or

 

school activity after the established commencement time, unless

 

excused.

 

     (g) "School activity" means an activity sponsored by a school

 

at which attendance by the pupil is mandatory.

 

     (h) "Truant" means a child who has 10 or more unexcused

 

absences per school year. A pupil may be considered to be truant

 

only once in a particular school year.

 

     (i) "Unexcused absence" means any absence that is neither an

 

excused absence nor a disciplinary absence. Also, the accumulation

 

of 10 late arrivals equals 1 unexcused absence.