HOUSE BILL No. 4045 January 27, 1999, Introduced by Reps. Neumann, Wojno, Schermesser, Schauer, Prusi and Pestka and referred to the Committee on Education. A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding sections 1307 and 1308. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 SEC. 1307. (1) IF A PUPIL IN A SCHOOL DISTRICT, PUBLIC 2 SCHOOL ACADEMY, OR PUBLIC SCHOOL OPERATED BY A STATE PUBLIC UNI- 3 VERSITY IS THE SUBJECT OF A CRIMINAL OR JUVENILE COURT CONVICTION 4 OR ADJUDICATION, NOT LATER THAN 30 DAYS AFTER THE CONVICTION OR 5 ADJUDICATION THE PUPIL'S PARENT OR LEGAL GUARDIAN SHALL NOTIFY 6 SCHOOL OFFICIALS OF THE CONVICTION OR ADJUDICATION AND OF THE 7 COURT'S DISPOSITION. UPON REQUEST BY SCHOOL OFFICIALS, THE 8 PARENT OR LEGAL GUARDIAN ALSO SHALL EXECUTE ANY WAIVERS OR CON- 9 SENTS NECESSARY TO ALLOW SCHOOL OFFICIALS ACCESS TO COURT RECORDS 10 CONCERNING THE CONVICTION OR ADJUDICATION. 01015'99 TAV 2 1 (2) IF A PUPIL HAS BEEN EXPELLED FROM A PUBLIC OR NONPUBLIC 2 SCHOOL OR HAS BEEN THE SUBJECT OF 1 OR MORE CRIMINAL OR JUVENILE 3 COURT CONVICTIONS OR ADJUDICATIONS AND THE PUPIL'S PARENT OR 4 LEGAL GUARDIAN SEEKS TO ENROLL THE PUPIL IN A SCHOOL DISTRICT 5 OTHER THAN THE SCHOOL DISTRICT IN WHICH HE OR SHE RESIDES OR 6 SEEKS TO ENROLL IN A PUBLIC SCHOOL ACADEMY OR IN A PUBLIC SCHOOL 7 OPERATED BY A STATE PUBLIC UNIVERSITY, THE PUPIL'S PARENT OR 8 LEGAL GUARDIAN SHALL DO ALL OF THE FOLLOWING AT THE TIME HE OR 9 SHE CONTACTS SCHOOL OFFICIALS ABOUT ENROLLING THE PUPIL: 10 (A) IF THE PUPIL HAS BEEN EXPELLED, DISCLOSE TO SCHOOL OFFI- 11 CIALS THAT THE PUPIL HAS BEEN EXPELLED BY ANOTHER SCHOOL DISTRICT 12 OR PUBLIC OR NONPUBLIC SCHOOL AND THE REASON FOR THE EXPULSION. 13 (B) IF THE PUPIL HAS BEEN THE SUBJECT OF 1 OR MORE CRIMINAL 14 OR JUVENILE COURT CONVICTIONS OR ADJUDICATIONS, DISCLOSE TO 15 SCHOOL OFFICIALS EACH OF THE CRIMINAL OR JUVENILE COURT CONVIC- 16 TIONS AND ADJUDICATIONS AND THE COURT DISPOSITION OF EACH. 17 (C) UPON REQUEST BY SCHOOL OFFICIALS, EXECUTE ANY WAIVERS OR 18 CONSENTS NECESSARY TO ALLOW SCHOOL OFFICIALS ACCESS TO SCHOOL OR 19 COURT RECORDS OF THE PUPIL CONCERNING MATTERS DESCRIBED IN 20 SUBDIVISIONS (A) AND (B), AS APPLICABLE. 21 SEC. 1308. (1) IF SCHOOL OFFICIALS OF A SCHOOL DISTRICT 22 FIND THAT AN INCIDENT HAS OCCURRED AT SCHOOL INVOLVING PHYSICAL 23 VIOLENCE, GANG-RELATED ACTIVITY, ILLEGAL POSSESSION OF A CON- 24 TROLLED SUBSTANCE OR CONTROLLED SUBSTANCE ANALOGUE OR OTHER 25 INTOXICANT, OR TRESPASSING, THE SUPERINTENDENT OF THE SCHOOL DIS- 26 TRICT, OR HIS OR HER DESIGNEE, IMMEDIATELY SHALL REPORT THAT 27 FINDING TO A STATE OR LOCAL LAW ENFORCEMENT AGENCY AND TO A STATE 01015'99 3 1 OR LOCAL CHILD PROTECTION AGENCY. IF THE SCHOOL DISTRICT HAS 2 ENTERED INTO A MEMORANDUM OF UNDERSTANDING DESCRIBED IN SUBSEC- 3 TION (4), THE TYPES OF INCIDENTS TO BE REPORTED AND THE NATURE OF 4 THE REPORTING SHALL BE AS PRESCRIBED IN THE MEMORANDUM OF 5 UNDERSTANDING. 6 (2) A LOCAL LAW ENFORCEMENT AGENCY THAT HAS JURISDICTION 7 OVER A SCHOOL BUILDING OF A SCHOOL DISTRICT MAY REPORT TO THE 8 SCHOOL OFFICIALS OF THE SCHOOL BUILDING INCIDENTS REPORTED TO THE 9 LAW ENFORCEMENT AGENCY THAT ALLEGE THE COMMISSION OF A CRIME AND 10 THAT, ACCORDING TO THE INCIDENT REPORTED, EITHER OCCURRED ON 11 SCHOOL PROPERTY OR WITHIN 1,000 FEET OF THE SCHOOL PROPERTY OR 12 INVOLVED A PUPIL OR STAFF MEMBER OF THE SCHOOL AS A VICTIM OR 13 ALLEGED PERPETRATOR. UPON REQUEST BY A LAW ENFORCEMENT AGENCY, 14 SCHOOL OFFICIALS SHALL PROVIDE THE LAW ENFORCEMENT AGENCY WITH 15 ANY INFORMATION THE LAW ENFORCEMENT AGENCY DETERMINES IT NEEDS TO 16 PROVIDE THIS REPORT TO SCHOOL OFFICIALS. 17 (3) THE PROSECUTING ATTORNEY OF A COUNTY MAY NOTIFY A SCHOOL 18 DISTRICT LOCATED IN WHOLE OR IN PART IN THAT COUNTY OF ANY CRIMI- 19 NAL OR JUVENILE COURT ACTION INITIATED OR TAKEN AGAINST A PUPIL 20 OF THE SCHOOL DISTRICT, INCLUDING, BUT NOT LIMITED TO, CONVIC- 21 TIONS, ADJUDICATIONS, AND DISPOSITIONS. THE PROSECUTING ATTORNEY 22 MAY INQUIRE OF EACH SCHOOL AGE INDIVIDUAL INVOLVED IN A COURT 23 ACTION DESCRIBED IN THIS SUBSECTION WHETHER THE INDIVIDUAL IS A 24 PUPIL IN A SCHOOL DISTRICT AND, IF SO, IN WHICH SCHOOL DISTRICT. 25 (4) A SCHOOL DISTRICT SHALL WORK WITH LOCAL LAW ENFORCEMENT 26 AGENCIES, CHILD PROTECTION AGENCIES, AND COUNTY PROSECUTORS TO 27 ESTABLISH AND IMPLEMENT A MEMORANDUM OF UNDERSTANDING TO 01015'99 4 1 FACILITATE REPORTING OF INCIDENTS AFFECTING SCHOOL SAFETY AND 2 SHARING OF OTHER INFORMATION AFFECTING SCHOOL SAFETY. THE MEMO- 3 RANDUM OF UNDERSTANDING SHALL ESTABLISH PROCEDURES TO BE FOLLOWED 4 WHEN AN INCIDENT DESCRIBED IN SUBSECTION (1) OCCURS AT SCHOOL, 5 AND ALSO MAY ADDRESS PROCEDURES FOR REPORTING INCIDENTS INVOLVING 6 POSSESSION OF A DANGEROUS WEAPON AS REQUIRED UNDER SECTION 1313. 7 THE MEMORANDUM OF UNDERSTANDING SHALL ADDRESS AT LEAST ALL OF THE 8 FOLLOWING: 9 (A) LAW ENFORCEMENT PROTOCOLS AND PRIORITIES FOR THE REPORT- 10 ING PROCESS. THE LAW ENFORCEMENT PROTOCALS MUST BE DEVELOPED 11 WITH THE COOPERATION OF THE APPROPRIATE STATE OR LOCAL LAW 12 ENFORCEMENT AGENCY. THE LAW ENFORCEMENT PRIORITIES SHALL INCLUDE 13 AT LEAST INVESTIGATION OF INCIDENTS, IDENTIFICATION OF THOSE 14 INVOLVED IN AN INCIDENT, AND ASSISTANCE IN PREVENTION OF THESE 15 TYPES OF INCIDENTS. 16 (B) DEFINITION OF THE TYPES OF INCIDENTS REQUIRING REPORTING 17 TO LAW ENFORCEMENT AND RESPONSE BY LAW ENFORCEMENT, INCLUDING AT 18 LEAST THE TYPES OF INCIDENTS DESCRIBED IN SUBSECTION (1) AND 19 TAKING INTO ACCOUNT THE INTENT OF THE ACTOR AND THE CIRCUMSTANCES 20 SURROUNDING THE INCIDENT. 21 (C) PROTOCOLS FOR RESPONDING TO REPORTABLE INCIDENTS, 22 ADDRESSING AT LEAST ALL OF THE FOLLOWING: 23 (i) INITIAL NOTIFICATION AND REPORTING BY SCHOOL OFFICIALS. 24 (ii) THE INFORMATION TO BE PROVIDED BY SCHOOL OFFICIALS. 25 (iii) INITIAL RESPONSE BY LAW ENFORCEMENT AND CHILD PROTEC- 26 TION AGENCIES, WHICH SHALL BE SPECIFICALLY TAILORED FOR INCIDENTS 27 IN PROGRESS, INCIDENTS NOT IN PROGRESS, AND INCIDENTS INVOLVING 01015'99 5 1 DELAYED REPORTING. SCHOOL OFFICIALS SHALL BE CONSULTED TO 2 DETERMINE THE EXTENT OF LAW ENFORCEMENT OR CHILD PROTECTION 3 INVOLVEMENT REQUIRED BY THE SITUATION. 4 (iv) CUSTODY OF ACTORS. 5 (D) THE AMOUNT AND NATURE OF ASSISTANCE TO BE PROVIDED BY 6 SCHOOL OFFICIALS, AND THE SCOPE OF THEIR INVOLVEMENT IN LAW 7 ENFORCEMENT PROCEDURES. THIS PROVISION SHALL REQUIRE SCHOOL 8 OFFICIALS TO NOTIFY THE PARENT OR LEGAL GUARDIAN OF A MINOR PUPIL 9 WHO IS A VICTIM OR WITNESS WHEN LAW ENFORCEMENT AUTHORITIES 10 INTERVIEW THE PUPIL. 11 (E) ANY OTHER MATTERS THAT WILL FACILITATE REPORTING OF 12 INCIDENTS AFFECTING SCHOOL SAFETY AND THE EXCHANGE OF OTHER 13 INFORMATION AFFECTING SCHOOL SAFETY. 14 (5) AS USED IN THIS SECTION: 15 (A) "AT SCHOOL" MEANS THAT TERM AS DEFINED IN SECTION 1311. 16 (B) "CONTROLLED SUBSTANCE" AND "CONTROLLED SUBSTANCE 17 ANALOGUE" MEAN THOSE TERMS AS DEFINED IN SECTION 7104 OF THE 18 PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.7104. 19 (C) "SCHOOL DISTRICT" MEANS THAT TERM AS DEFINED IN 20 SECTION 1311. 01015'99 Final page. TAV