HOUSE BILL No. 5349 February 15, 2000, Introduced by Reps. Geiger, Garcia, DeVuyst, Koetje, Law and Jellema and referred to the Committee on Education. A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1311a (MCL 380.1311a), as added by 1999 PA 104. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1311a. (1) If a pupil enrolled in grade 6 or above 2 commits a physical assault at school against a person employed by 3 or engaged as a volunteer or contractor by the school board and 4 the physical assault is reported to the school board, school dis- 5 trict superintendent, or building principal by the victim or, if 6 the victim is unable to report the assault, by another person on 7 the victim's behalf, then the school board, or the designee of 8 the school board as described in section 1311(1) on behalf of the 9 school board, shall expel the pupil from the school district 10 permanently, subject to possible reinstatement under 05302'99 TAV 2 1 subsection (5). A district superintendent or building principal 2 who receives a report described in this subsection shall forward 3 the report to the school board. 4 (2) If a pupil enrolled in grade 6 or above commits a verbal 5 assault, as defined by school board policy, at school against a 6 person employed by or engaged as a volunteer or contractor by the 7 school board and the verbal assault is reported to the school 8 board, school district superintendent, or building principal by 9 the victim or, if the victim is unable to report the verbal 10 assault, by another person on the victim's behalf, or if a pupil 11 enrolled in grade 6 or above makes a bomb threat or similar 12 threat directed at a school building, other school property, or a 13 school-related event, then the school board, or the designee of 14 the school board as described in section 1311(1) on behalf of the 15 school board, shall SUSPEND OR expel the pupil from the school 16 district forup to 180 school daysA PERIOD OF TIME AS DETER- 17 MINED IN THE DISCRETION OF THE SCHOOL BOARD OR ITS DESIGNEE. A 18 district superintendent or building principal who receives a 19 report described in this subsection shall forward the report to 20 the school board. Notwithstanding section 1147, a school dis- 21 trict is not required to allow an individual expelled from 22 another school district under this subsection to attend school in 23 the school district during the expulsion. 24 (3) If an individual is permanently expelled pursuant to 25subsection (1)THIS SECTION, the expelling school district 26 shall enter on the individual's permanent record that he or she 27 has been permanently expelled pursuant tosubsection (1)THIS 05302'99 3 1 SECTION. Except if a school district operates or participates 2 cooperatively in an alternative education program appropriate for 3 individuals expelled pursuant tosubsection (1)THIS SECTION 4 and section 1311(2) and in its discretion admits the individual 5 to that program, and except for a strict discipline academy 6 established under sections 1311b to 1311l, an individual per- 7 manently expelled pursuant tosubsection (1)THIS SECTION is 8 expelled from all public schools in this state and the officials 9 of a school district shall not allow the individual to enroll in 10 the school district unless the individual has been reinstated 11 under subsection (5). Except as otherwise provided by law, a 12 program operated for individuals expelled pursuant tosubsection13(1)THIS SECTION and section 1311(2) shall ensure that those 14 individuals are physically separated at all times during the 15 school day from the general pupil population. If an individual 16 permanently expelled from a school district pursuant to 17subsection (1)THIS SECTION is not placed in an alternative 18 education program or strict discipline academy, the school dis- 19 trict may provide, or may arrange for the intermediate school 20 district to provide, appropriate instructional services to the 21 individual at home. The type of services provided shall meet the 22 requirements of section 6(4)(v) of the state school aid act of 23 1979, MCL 388.1606, and the services may be contracted for in the 24 same manner as services for homebound pupils under section 109 of 25 the state school aid act of 1979, MCL 388.1709. This subsection 26 does not require a school district to expend more money for 27 providing services for a pupil permanently expelled pursuant to 05302'99 4 1subsection (1)THIS SECTION than the amount of the foundation 2 allowance the school district receives for the pupil under sec- 3 tion 20 of the state school aid act of 1979, MCL 388.1620. 4 (4) If a school board expels an individual pursuant to this 5 section, the school board shall ensure that, within 3 days after 6 the expulsion, an official of the school district refers the 7 individual to the appropriate county department of social serv- 8 ices or county community mental health agency and notifies the 9 individual's parent or legal guardian or, if the individual is at 10 least age 18 or is an emancipated minor, notifies the individual 11 of the referral. 12 (5) The parent or legal guardian of an individual per- 13 manently expelled pursuant tosubsection (1)THIS SECTION or, 14 if the individual is at least age 18 or is an emancipated minor, 15 the individual may petition the expelling school board for rein- 16 statement of the individual to public education in the school 17 district. If the expelling school board denies a petition for 18 reinstatement, the parent or legal guardian or, if the individual 19 is at least age 18 or is an emancipated minor, the individual may 20 petition another school board for reinstatement of the individual 21 in that other school district. All of the following apply to 22 reinstatement under this subsection: 23 (a) The individual's parent or legal guardian or, if the 24 individual is at least age 18 or is an emancipated minor, the 25 individual may initiate a petition for reinstatement at any time 26 after the expiration of 150 school days after the date of 27 expulsion. 05302'99 5 1 (b) The individual shall not be reinstated before the 2 expiration of 180 school days after the date of expulsion. 3 (c) It is the responsibility of the parent or legal guardian 4 or, if the individual is at least age 18 or is an emancipated 5 minor, of the individual to prepare and submit the petition. A 6 school board is not required to provide any assistance in prepar- 7 ing the petition. Upon request by a parent or legal guardian or, 8 if the individual is at least age 18 or is an emancipated minor, 9 by the individual, a school board shall make available a form for 10 a petition. 11 (d) Not later than 10 school days after receiving a petition 12 for reinstatement under this subsection, a school board shall 13 appoint a committee to review the petition and any supporting 14 information submitted by the parent or legal guardian or, if the 15 individual is at least age 18 or is an emancipated minor, by the 16 individual. The committee shall consist of 2 school board mem- 17 bers, 1 school administrator, 1 teacher, and 1 parent of a pupil 18 in the school district. During this time the superintendent of 19 the school district may prepare and submit for consideration by 20 the committee information concerning the circumstances of the 21 expulsion and any factors mitigating for or against 22 reinstatement. 23 (e) Not later than 10 school days after all members are 24 appointed, the committee described in subdivision (d) shall 25 review the petition and any supporting information and informa- 26 tion provided by the school district and shall submit a 27 recommendation to the school board on the issue of 05302'99 6 1 reinstatement. The recommendation shall be for unconditional 2 reinstatement, for conditional reinstatement, or against rein- 3 statement, and shall be accompanied by an explanation of the rea- 4 sons for the recommendation and of any recommended conditions for 5 reinstatement. The recommendation shall be based on considera- 6 tion of all of the following factors: 7 (i) The extent to which reinstatement of the individual 8 would create a risk of harm to pupils or school personnel. 9 (ii) The extent to which reinstatement of the individual 10 would create a risk of school district or individual liability 11 for the school board or school district personnel. 12 (iii) The age and maturity of the individual. 13 (iv) The individual's school record before the incident that 14 caused the expulsion. 15 (v) The individual's attitude concerning the incident that 16 caused the expulsion. 17 (vi) The individual's behavior since the expulsion and the 18 prospects for remediation of the individual. 19 (vii) If the petition was filed by a parent or legal guardi- 20 an, the degree of cooperation and support that has been provided 21 by the parent or legal guardian and that can be expected if the 22 individual is reinstated, including, but not limited to, recep- 23 tiveness toward possible conditions placed on the reinstatement. 24 (f) Not later than the next regularly scheduled board meet- 25 ing after receiving the recommendation of the committee under 26 subdivision (e), a school board shall make a decision to 27 unconditionally reinstate the individual, conditionally reinstate 05302'99 7 1 the individual, or deny reinstatement of the individual. The 2 decision of the school board is final. 3 (g) A school board may require an individual and, if the 4 petition was filed by a parent or legal guardian, his or her 5 parent or legal guardian to agree in writing to specific condi- 6 tions before reinstating the individual in a conditional 7 reinstatement. The conditions may include, but are not limited 8 to, agreement to a behavior contract, which may involve the indi- 9 vidual, parent or legal guardian, and an outside agency; partici- 10 pation in or completion of an anger management program or other 11 appropriate counseling; periodic progress reviews; and specified 12 immediate consequences for failure to abide by a condition. A 13 parent or legal guardian or, if the individual is at least age 18 14 or is an emancipated minor, the individual may include proposed 15 conditions in a petition for reinstatement submitted under this 16 subsection. 17 (6) A school board or school administrator that complies 18 with this section is not liable for damages for SUSPENDING OR 19 expelling a pupil pursuant to this section, and the authorizing 20 body of a public school academy is not liable for damages for 21 SUSPENSION OR expulsion of a pupil by the public school academy 22 pursuant to this section. 23 (7) The department shall develop and distribute to all 24 school districts a form for a petition for reinstatement to be 25 used under subsection (5). The department may designate the form 26 used for a petition for reinstatement under section 1311 as a 27 form that may be used under this section. 05302'99 8 1 (8) This section does not diminish the due process rights 2 under federal law of a pupil who has been determined to be eligi- 3 ble for special education programs and services. 4 (9) If a pupil expelled from a school district pursuant to 5 this section is enrolled by a public school district sponsored 6 alternative education program or a public school academy during 7 the period of expulsion, the public school academy or the alter- 8 native education program is immediately eligible for the prorated 9 share of either the public school academy's or operating school 10 district's foundation allowance or the expelling school 11 district's foundation allowance, whichever is higher. 12 (10) A school board or its designee shall report all 13 assaults described in subsection (1) or (2) to appropriate state 14 or local law enforcement officials and prosecutors as provided in 15 the statewide school safety information policy under section 16 1308. 17 (11) If an individual is expelled pursuant to this section, 18 it is the responsibility of that individual and of his or her 19 parent or legal guardian to locate a suitable educational program 20 and to enroll the individual in such a program during the 21 expulsion. The office for safe schools in the department shall 22 compile information on and catalog existing alternative education 23 programs or schools and nonpublic schools that may be open to 24 enrollment of individuals expelled pursuant to this section and 25 pursuant to section 1311(2), and shall periodically distribute 26 this information to school districts for distribution to expelled 27 individuals. A school board that establishes an alternative 05302'99 9 1 education program or school described in this subsection shall 2 notify the office of safe schools about the program or school and 3 the types of pupils it serves. The office for safe schools also 4 shall work with and provide technical assistance to school dis- 5 tricts, authorizing bodies for public school academies, and other 6 interested parties in developing these types of alternative edu- 7 cation programs or schools in geographic areas that are not being 8 served. 9 (12) As used in this section: 10 (a) "At school" means in a classroom, elsewhere on school 11 premises, on a school bus or other school-related vehicle, or at 12 a school-sponsored activity or event whether or not it is held on 13 school premises. 14 (b) "Physical assault" means intentionally causing or 15 attempting to cause physical harm to another through force or 16 violence. 17 (c) "School board" means a school board, intermediate school 18 board, or the board of directors of a public school academy. 19 (d) "School district" means a school district, a local act 20 school district, an intermediate school district, or a public 21 school academy. 05302'99 Final page. TAV