HOUSE BILL No. 5651


     April 18, 2000, Introduced by Reps. Bogardus, Minore, Jamnick, Stallworth, Clark, Garza, Hansen, Gieleghem, Bovin, Dennis,
Jacobs, Baird, Hale, Daniels, Lockwood, Neumann and Basham and referred to the Committee on Education.


        A bill to amend 1976 PA 451, entitled

   "The revised school code,"

   by amending sections 627, 1310, 1311, and 1311a (MCL 380.627,

   380.1310, 380.1311, and 380.1311a), section 627 as amended by

   1995 PA 289, section 1310 as added by 1999 PA 102, section 1311

   as amended by 1999 PA 23, and section 1311a as added by 1999 PA

   104, and by adding section 1315.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 627.  (1) An intermediate school board shall do all of

 2
      the following:

 3
           (a) Upon request of the board of a constituent SCHOOL dis-

 4
      trict, furnish services on a management, consultant, or supervi-

 5
      sory basis to the district.  The intermediate school board may

 6
      charge a constituent SCHOOL district for the costs of services

 7
      furnished under this subdivision.


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           (b) Upon request of the board of a constituent SCHOOL

 2
      district, direct, supervise, and conduct cooperative educational

 3
      programs on behalf of the district.  The intermediate school

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      board may utilize available funds not otherwise obligated by law

 5
      and accept contributions from other sources for the purpose of

 6
      financing the programs.  The funds shall be deposited with the

 7
      treasurer in a cooperative education fund and shall be disbursed

 8
      as the intermediate school board directs.  The intermediate

 9
      school board may employ personnel and take other action necessary

10
      to direct, supervise, and conduct cooperative educational

11
      programs.

12
           (c) Conduct cooperative programs mutually agreed upon by 2

13
      or more intermediate school boards.

14
           (d) Conduct cooperative programs mutually agreed upon with 1

15
      or more public school academies.

16
           (E) OPERATE OR OTHERWISE ARRANGE FOR THE PROVISION OF DISCI-

17
      PLINARY EDUCATION PROGRAMS UNDER SECTION 1315 ON BEHALF OF CON-

18
      STITUENT SCHOOL DISTRICTS AND PUBLIC SCHOOL ACADEMIES LOCATED

19
      WITHIN THE INTERMEDIATE SCHOOL DISTRICT.  TO FINANCE THESE PRO-

20
      GRAMS, THE INTERMEDIATE SCHOOL DISTRICT SHALL USE STATE APPROPRI-

21
      ATIONS MADE FOR THIS PURPOSE AND MAY ACCEPT CONTRIBUTIONS FROM

22
      OTHER SOURCES.

23
           (2) An intermediate school board may conduct or participate

24
      in cooperative programs for information technology systems which

25
      may include, but are not limited to, equipment for storage,

26
      retrieval, processing, and transmission of voice, data, or video

27
      communications; contract with public schools or other educational



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 1
      institutions, government agencies, public broadcasting stations

 2
      or systems, or information technology service providers in con-

 3
      ducting the programs; and acquire and install the equipment,

 4
      software, and training necessary for the programs in the manner

 5
      and at the places the intermediate school board considers

 6
      appropriate.

 7
           (3) Upon request of the board of a constituent school dis-

 8
      trict or public school academy located within the intermediate

 9
      school district, an intermediate school board may provide, either

10
      solely or as part of a consortium of intermediate school dis-

11
      tricts, comprehensive school improvement support services to the

12
      district or public school academy.  These services may include,

13
      but are not limited to, all of the following:

14
           (a) The development of a core curriculum.

15
           (b) The evaluation of a core curriculum.

16
           (c) The preparation of 1 or more school improvement plans.

17
           (d) The dissemination of information concerning 1 or more

18
      school improvement plans.

19
           (e) The preparation of an annual educational report.

20
           (f) Professional development.

21
           (g) Educational research.

22
           (h) The compilation of instructional objectives, instruc-

23
      tional resources, pupil demographics, and pupil academic

24
      achievement.

25
           (i) Assistance in obtaining school accreditation.

26
           (j) The provision of general technical assistance.





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           (4) To the extent allowed by law, if the most cost-effective

 2
      business services are not available to constituent districts, an

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      intermediate school board shall offer to provide for constituent

 4
      districts and public school academies located within the interme-

 5
      diate school district business services that can be accomplished

 6
      more cost-effectively by an intermediate school district.  An

 7
      intermediate school district may charge a fee for these services,

 8
      and may contract with a third party for provision of some or all

 9
      of these services.  These services may include, but are not

10
      limited to, any of the following:

11
           (a) Data processing.

12
           (b) Payroll.

13
           (c) Class scheduling.

14
           (d) Distance learning coordination and delivery.

15
           (e) Transportation services.

16
           Sec. 1310.  (1) If a pupil enrolled in grade 6 or above com-

17
      mits a physical assault at school against another pupil and the

18
      physical assault is reported to the school board, school district

19
      superintendent, or building principal, the school board OR ITS

20
      DESIGNEE AS DESCRIBED IN SECTION 1311(1) shall expel the pupil

21
       from the school district  for up to 180 school days FROM ANY

22
      EDUCATIONAL PLACEMENT IN THE SCHOOL DISTRICT OTHER THAN A DISCI-

23
      PLINARY EDUCATION PROGRAM.  A district superintendent or building

24
      principal who receives a report described in this subsection

25
      shall forward the report to the school board.  Notwithstanding

26
      section 1147, a school district is not required to allow  an

27
      individual  A PUPIL expelled from another school district under



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      this section to attend school in the school district during the

 2
      expulsion.

 3
           (2) If  an individual  A PUPIL is expelled pursuant to this

 4
      section,  it is the responsibility of that individual and of his

 5
      or her parent or legal guardian to locate a suitable educational

 6
      program and to enroll the individual in such a program during the

 7
      expulsion  THE PUPIL SHALL BE PLACED IN AN APPROPRIATE DISCI-

 8
      PLINARY EDUCATION PROGRAM AS PROVIDED UNDER SECTION 1315.

 9
           (3) The office for safe schools in the department shall com-

10
      pile information on and catalog existing  alternative 

11
      DISCIPLINARY education programs  or schools  and nonpublic

12
      schools that may be open to enrollment of  individuals  PUPILS

13
      expelled under this section and pursuant to section 1311(2) or

14
      1311a, and shall periodically distribute this information to

15
      school districts for distribution to expelled  individuals 

16
      PUPILS.  A school board that establishes  an alternative  A

17
      DISCIPLINARY education program  or school  described in this sub-

18
      section shall notify the office for safe schools about the pro-

19
      gram  or school  and the types of pupils it serves.  The office

20
      for safe schools also shall work with and provide technical

21
      assistance to school districts, authorizing bodies for public

22
      school academies, and other interested parties in developing

23
      these types of  alternative  DISCIPLINARY education programs  or

24
      schools  in geographic areas that are not being served.

25
           (4)  (3)  As used in this section:

26
           (a) "At school" means in a classroom, elsewhere on school

27
      premises, on a school bus or other school-related vehicle, or at



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      a school-sponsored activity or event whether or not it is held on

 2
      school premises.

 3
           (b) "Physical assault" means intentionally causing or

 4
      attempting to cause physical harm to another through force or

 5
      violence.

 6
           (c) "School board" means a school board, intermediate school

 7
      board, or the board of directors of a public school academy.

 8
           (d) "School district" means a school district, a local act

 9
      school district, an intermediate school district, or a public

10
      school academy.

11
           Sec. 1311.  (1) Subject to subsection (2), the school board,

12
      or the school district superintendent, a school building princi-

13
      pal, or another school district official if designated by the

14
      school board, may authorize or order the suspension or expulsion

15
      from school of a pupil guilty of gross misdemeanor or persistent

16
      disobedience if, in the judgment of the school board or its des-

17
      ignee, as applicable, the interest of the school is served by the

18
      authorization or order.  If there is reasonable cause to believe

19
      that the pupil is handicapped, and the school district has not

20
      evaluated the pupil in accordance with rules of the state board

21
      to determine if the student is handicapped, the pupil shall be

22
      evaluated immediately by the intermediate school district of

23
      which the school district is constituent in accordance with sec-

24
      tion 1711.

25
           (2) If a pupil possesses in a weapon free school zone a

26
      weapon that constitutes a dangerous weapon, commits arson in a

27
      school building or on school grounds, or commits criminal sexual



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      conduct in a school building or on school grounds, the school

 2
      board, or the designee of the school board as described in sub-

 3
      section (1) on behalf of the school board, shall expel the pupil

 4
       from the school district  permanently, subject to possible rein-

 5
      statement under subsection (5), FROM ANY EDUCATIONAL PLACEMENT IN

 6
      THE SCHOOL DISTRICT OTHER THAN A DISCIPLINARY EDUCATION PROGRAM.

 7
      However, a school board is not required to expel a pupil for pos-

 8
      sessing a weapon if the pupil establishes in a clear and convinc-

 9
      ing manner at least 1 of the following:

10
           (a) The object or instrument possessed by the pupil was not

11
      possessed by the pupil for use as a weapon, or for direct or

12
      indirect delivery to another person for use as a weapon.

13
           (b) The weapon was not knowingly possessed by the pupil.

14
           (c) The pupil did not know or have reason to know that the

15
      object or instrument possessed by the pupil constituted a danger-

16
      ous weapon.

17
           (d) The weapon was possessed by the pupil at the suggestion,

18
      request, or direction of, or with the express permission of,

19
      school or police authorities.

20
           (3) If  an individual  A PUPIL is expelled pursuant to sub-

21
      section (2), the expelling school district shall enter on the

22
       individual's  PUPIL'S permanent record that he or she has been

23
      expelled pursuant to subsection (2).  Except  if a school dis-

24
      trict operates or participates cooperatively in an alternative

25
      education program appropriate for individuals expelled pursuant

26
      to subsection (2) and in its discretion admits the individual to

27
      that program, and except  for A DISCIPLINARY EDUCATION PROGRAM



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      UNDER SECTION 1315 OR a strict discipline academy established

 2
      under sections 1311b to 1311l,  an individual  A PUPIL expelled

 3
      pursuant to subsection (2) is expelled from all public schools in

 4
      this state and the officials of a school district shall not allow

 5
      the  individual  PUPIL to enroll in the school district IN A PRO-

 6
      GRAM OTHER THAN A DISCIPLINARY EDUCATION PROGRAM unless the

 7
       individual  PUPIL has been reinstated under subsection (5).

 8
      UNLESS THE PUPIL ENROLLS IN A STRICT DISCIPLINE ACADEMY, THE

 9
      PUPIL SHALL BE PLACED IN AN APPROPRIATE DISCIPLINARY EDUCATION

10
      PROGRAM AS PROVIDED UNDER SUBSECTION (4) AND SECTION 1315. Except

11
      as otherwise provided by law, a program operated for

12
       individuals  PUPILS expelled pursuant to subsection (2) shall

13
      ensure that those  individuals  PUPILS are physically separated

14
      at all times during the school day from the general pupil

15
      population.  If  an individual  A PUPIL expelled from a school

16
      district pursuant to subsection (2) is not placed in  an

17
      alternative  A DISCIPLINARY education program or strict disci-

18
      pline academy, the school district  may  SHALL provide, or  may
   

19
      SHALL arrange for the intermediate school district to provide,

20
      appropriate instructional services to the  individual  PUPIL at

21
      home.  The type of services provided AT HOME 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 expelled pursuant to subsection



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 1
      (2) than the amount of the foundation allowance the school

 2
      district receives for the pupil under section 20 of the state

 3
      school aid act of 1979, MCL 388.1620. 

 4
           (4) If a school board expels  an individual  A PUPIL pursu-

 5
      ant to subsection (2), the school board shall ensure that, within

 6
      3 days after the expulsion, an official of the school district

 7
      refers the  individual  PUPIL to the appropriate county depart-

 8
      ment of social services or county community mental health agency

 9
      and notifies the  individual's  PUPIL'S parent or legal guardian

10
      or, if the  individual  PUPIL is at least age 18 or is an emanci-

11
      pated minor, notifies the  individual  PUPIL of the referral.

12
      UNLESS THE PUPIL ENROLLS IN A STRICT DISCIPLINE ACADEMY ESTAB-

13
      LISHED UNDER SECTIONS 1311B TO 1311l, THE SCHOOL BOARD ALSO SHALL

14
      REFER THE PUPIL FOR PLACEMENT IN A DISCIPLINARY EDUCATION PROGRAM

15
      UNDER SECTION 1315.

16
           (5) The parent or legal guardian of  an individual  A PUPIL

17
      expelled pursuant to subsection (2) or, if the  individual  PUPIL

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

19
      PUPIL may petition the expelling school board for reinstatement

20
      of the  individual  PUPIL to  public education  AN
   EDUCATIONAL

21
      PLACEMENT in the school district OTHER THAN DISCIPLINARY

22
      EDUCATION.  If the expelling school board denies a petition for

23
      reinstatement, the parent or legal guardian or, if the

24
       individual  PUPIL is at least age 18 or is an emancipated minor,

25
      the  individual  PUPIL may petition another school board for

26
      reinstatement of the  individual  PUPIL in that other school





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      district.  All of the following apply to reinstatement under this

 2
      subsection:

 3
           (a) For  an individual  A PUPIL who was enrolled in grade 5

 4
      or below at the time of the expulsion and who has been expelled

 5
      for possessing a firearm or threatening another person with a

 6
      dangerous weapon, the parent or legal guardian or, if the

 7
       individual  PUPIL is at least age 18 or is an emancipated minor,

 8
      the  individual  PUPIL may initiate a petition for reinstatement

 9
      at any time after the expiration of 60 school days after the date

10
      of expulsion.  For  an individual  A PUPIL who was enrolled in

11
      grade 5 or below at the time of the expulsion and who has been

12
      expelled pursuant to subsection (2) for a reason other than pos-

13
      sessing a firearm or threatening another person with a dangerous

14
      weapon, the parent or legal guardian or, if the  individual 

15
      PUPIL is at least age 18 or is an emancipated minor, the

16
       individual  PUPIL may initiate a petition for reinstatement at

17
      any time.  For  an individual  A PUPIL who was in grade 6 or

18
      above at the time of expulsion, the parent or legal guardian or,

19
      if the  individual  PUPIL is at least age 18 or is an emancipated

20
      minor, the  individual  PUPIL may initiate a petition for rein-

21
      statement at any time after the expiration of 150 school days

22
      after the date of expulsion.

23
           (b)  An individual  A PUPIL who was in grade 5 or below at

24
      the time of the expulsion and who has been expelled for possess-

25
      ing a firearm or threatening another person with a dangerous

26
      weapon shall not be reinstated before the expiration of 90 school

27
      days after the date of expulsion.  An individual  A PUPIL who



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

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

 3
      possessing a firearm or threatening another person with a danger-

 4
      ous weapon shall not be reinstated before the expiration of 10

 5
      school days after the date of the expulsion.  An individual  A

 6
      PUPIL who was in grade 6 or above at the time of the expulsion

    7 shall not be reinstated before the expiration of 180 school days

 8
      after the date of expulsion.

 9
           (c) It is the responsibility of the parent or legal guardian

10
      or, if the  individual  PUPIL is at least age 18 or is an emanci-

11
      pated minor, of the  individual  PUPIL to prepare and submit the

12
      petition.  A school board is not required to provide any assist-

13
      ance in preparing the petition.  Upon request by a parent or

14
      legal guardian or, if the  individual  PUPIL is at least age 18

15
      or is an emancipated minor, by the  individual  PUPIL, a school

16
      board shall make available a form for a petition.

17
           (d) Not later than 10 school days after receiving a petition

18
      for reinstatement under this subsection, a school board shall

19
      appoint a committee to review the petition and any supporting

20
      information submitted by the parent or legal guardian or, if the

21
       individual  PUPIL is at least age 18 or is an emancipated minor,

22
      by the  individual  PUPIL.  The committee shall consist of 2

23
      school board members, 1 school administrator, 1 teacher, and 1

24
      parent of a pupil in the school district.  During this time the

25
      superintendent of the school district may prepare and submit for

26
      consideration by the committee information concerning the





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      circumstances of the expulsion and any factors mitigating for or

 2
      against reinstatement.

 3
           (e) Not later than 10 school days after all members are

 4
      appointed, the committee described in subdivision (d) shall

 5
      review the petition and any supporting information and informa-

 6
      tion provided by the school district and shall submit a recommen-

 7
      dation to the school board on the issue of reinstatement.  The

 8
      recommendation shall be for unconditional reinstatement, for con-

 9
      ditional reinstatement, or against reinstatement, and shall be

10
      accompanied by an explanation of the reasons for the recommenda-

11
      tion and of any recommended conditions for reinstatement.  The

12
      recommendation shall be based on consideration of all of the fol-

13
      lowing factors:

14
           (i) The extent to which reinstatement of the  individual 

15
      PUPIL TO AN EDUCATIONAL PLACEMENT OTHER THAN DISCIPLINARY

16
      EDUCATION would create a risk of harm to pupils or school

17
      personnel.

18
           (ii) The extent to which reinstatement of the  individual 

19
      PUPIL TO AN EDUCATIONAL PLACEMENT OTHER THAN DISCIPLINARY

20
      EDUCATION would create a risk of school district liability or

21
      individual liability for the school board or school district

22
      personnel.

23
           (iii) The age and maturity of the  individual  PUPIL.

24
           (iv) The  individual's  PUPIL'S school record before the

25
      incident that caused the expulsion.

26
           (v) The  individual's  PUPIL'S attitude concerning the

27
      incident that caused the expulsion.



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           (vi) The  individual's  PUPIL'S behavior since the expulsion

 2
      and the prospects for remediation of the  individual  PUPIL.

 3
           (vii) If the petition was filed by a parent or legal guardi-

 4
      an, the degree of cooperation and support that has been provided

 5
      by the parent or legal guardian and that can be expected if the

 6
       individual  PUPIL is reinstated, including, but not limited to,

 7
      receptiveness toward possible conditions placed on the

 8
      reinstatement.

 9
           (f) Not later than the next regularly scheduled board meet-

10
      ing after receiving the recommendation of the committee under

11
      subdivision (e), a school board shall make a decision to uncondi-

12
      tionally reinstate the  individual  PUPIL, conditionally rein-

13
      state the  individual  PUPIL, or deny reinstatement of the

14
       individual  PUPIL.  The decision of the school board is final.

15
           (g) A school board may require  an individual  A PUPIL and,

16
      if the petition was filed by a parent or legal guardian, his or

17
      her parent or legal guardian to agree in writing to specific con-

18
      ditions before reinstating the  individual  PUPIL in a condi-

19
      tional reinstatement.  The conditions may include, but are not

20
      limited to, agreement to a behavior contract, which may involve

21
      the  individual  PUPIL, parent or legal guardian, and an outside

22
      agency; participation in or completion of an anger management

23
      program or other appropriate counseling; periodic progress

24
      reviews; and specified immediate consequences for failure to

25
      abide by a condition.  A parent or legal guardian or, if the

26
       individual  PUPIL is at least age 18 or is an emancipated minor,





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      the  individual  PUPIL may include proposed conditions in a

 2
      petition for reinstatement submitted under this subsection.

 3
           (6) A school board or school administrator that complies

 4
      with subsection (2) is not liable for damages for expelling a

 5
      pupil pursuant to subsection (2), and the authorizing body of a

 6
      public school academy is not liable for damages for expulsion of

 7
      a pupil by the public school academy pursuant to subsection (2).

 8
           (7) The department shall develop and distribute to all

 9
      school districts a form for a petition for reinstatement to be

10
      used under subsection (5).

11
           (8) This section does not diminish the due process rights

12
      under federal law of a pupil who has been determined to be eligi-

13
      ble for special education programs and services.

14
            (9) If a pupil expelled from a public school district pur-

15
      suant to subsection (2) is enrolled by a public school district

16
      sponsored alternative education program or a public school acad-

17
      emy during the period of expulsion, the public school academy or

18
      alternative education program shall immediately become eligible

19
      for the prorated share of either the public school academy or

20
      operating school district's foundation allowance or the expelling

21
      school district's foundation allowance, whichever is higher.

22
           (10) If an individual is expelled pursuant to subsection

23
      (2), it is the responsibility of that individual and of his or

24
      her parent or legal guardian to locate a suitable alternative

25
      educational program and to enroll the individual in such a pro-

26
      gram during the expulsion. 





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           (9) The office of safe schools in the department shall

 2
      compile information on and catalog existing  alternative 

 3
      DISCIPLINARY education programs  or schools  and nonpublic

 4
      schools that may be open to enrollment of  individuals  PUPILS

 5
      expelled pursuant to subsection (2) and pursuant to section

 6
      1311a, and shall periodically distribute this information to

 7
      school districts for distribution to expelled  individuals 

 8
      PUPILS.  A school board that establishes  an alternative  A

 9
      DISCIPLINARY education program  or school  described in this sub-

10
      section shall notify the office of safe schools about the program

11
       or school  and the types of pupils it serves.  The office of

12
      safe schools also shall work with and provide technical assist-

13
      ance to school districts, authorizing bodies for public school

14
      academies, and other interested parties in developing these types

15
      of  alternative  DISCIPLINARY education programs  or schools
    in

16
      geographic areas that are not being served.

17
           (10)  (11)  As used in this section:

18
           (a) "Arson" means a felony violation of chapter X of the

19
      Michigan penal code, 1931 PA 328, MCL 750.71 to 750.80.

20
           (b) "Criminal sexual conduct" means a violation of

21
      section 520b, 520c, 520d, 520e, or 520g of the Michigan penal

22
      code, 1931 PA 328, MCL 750.520b, 750.520c, 750.520d, 750.520e,

23
      and 750.520g.

24
           (c) "Dangerous weapon" means that term as defined in

25
      section 1313.

26
           (d) "Firearm" means that term as defined in section 921 of

27
      title 18 of the United States Code, 18 U.S.C. 921.



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

 2
      board, or the board of directors of a public school academy.

 3
           (f) "School district" means a school district, a local act

 4
      school district, an intermediate school district, or a public

 5
      school academy.

 6
           (g) "Weapon free school zone" means that term as defined in

 7
      section 237a of the Michigan penal code, 1931 PA 328,

 8
      MCL 750.237a.

 9
           Sec. 1311a.  (1) If a pupil enrolled in grade 6 or above

10
      commits a physical assault at school against a person employed by

11
      or engaged as a volunteer or contractor by the school board and

12
      the physical assault is reported to the school board, school dis-

13
      trict superintendent, or building principal by the victim or, if

14
      the victim is unable to report the assault, by another person on

15
      the victim's behalf, then the school board, or the designee of

16
      the school board as described in section 1311(1) on behalf of the

17
      school board, shall expel the pupil  from the school district 

18
      permanently, subject to possible reinstatement under

19
      subsection (5), FROM ANY EDUCATIONAL PLACEMENT IN THE SCHOOL DIS-

20
      TRICT OTHER THAN A DISCIPLINARY EDUCATION PROGRAM.  A SCHOOL dis-

21
      trict superintendent or building principal who receives a report

22
      described in this subsection shall forward the report to the

23
      school board.

24
           (2) If a pupil enrolled in grade 6 or above commits a verbal

25
      assault, as defined by school board policy, at school against a

26
      person employed by or engaged as a volunteer or contractor by the

27
      school board and the verbal assault is reported to the school



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 1
      board, school district superintendent, or building principal by

 2
      the victim or, if the victim is unable to report the verbal

 3
      assault, by another person on the victim's behalf, or if a pupil

 4
      enrolled in grade 6 or above makes a bomb threat or similar

 5
      threat directed at a school building, other school property, or a

 6
      school-related event, then the school board, or the designee of

 7
      the school board as described in section 1311(1) on behalf of the

 8
      school board, shall expel the pupil  from the school district 

 9
      for up to 180 school days FROM ANY EDUCATIONAL PLACEMENT IN THE

10
      SCHOOL DISTRICT OTHER THAN A DISCIPLINARY EDUCATION PROGRAM.  A

11
      district superintendent or building principal who receives a

12
      report described in this subsection shall forward the report to

13
      the school board.  Notwithstanding section 1147, a school dis-

14
      trict is not required to allow  an individual  A PUPIL expelled

15
      from another school district under this subsection to attend

16
      school in the school district during the expulsion.

17
           (3) If  an individual  A PUPIL is permanently expelled pur-

18
      suant to subsection (1), the expelling school district shall

19
      enter on the  individual's  PUPIL'S permanent record that he or

20
      she has been permanently expelled pursuant to subsection (1).

21
      Except  if a school district operates or participates coopera-

22
      tively in an alternative education program appropriate for indi-

23
      viduals expelled pursuant to subsection (1) and section 1311(2)

24
      and in its discretion admits the individual to that program, and

25
      except  for A DISCIPLINARY EDUCATION PROGRAM UNDER SECTION 1315

26
      OR a strict discipline academy established under sections 1311b

27
      to 1311l,  an individual  A PUPIL permanently expelled pursuant



   04662'99 *
                                  18

 1
      to subsection (1) is expelled from all public schools in this

 2
      state and the officials of a school district shall not allow the

 3
       individual  PUPIL to enroll in the school district IN A PROGRAM

 4
      OTHER THAN A DISCIPLINARY EDUCATION PROGRAM unless the

 5
       individual  PUPIL has been reinstated under subsection (5).

 6
      Except as otherwise provided by law, a program operated for

 7
       individuals  PUPILS expelled pursuant to subsection (1) and sec-

 8
      tion 1311(2) shall ensure that those  individuals  PUPILS are

 9
      physically separated at all times during the school day from the

10
      general pupil population.  If  an individual  A PUPIL permanently

11
      expelled from a school district pursuant to subsection (1) is not

12
      placed in  an alternative  A DISCIPLINARY education program or

13
      strict discipline academy, the school district  may  SHALL pro-

14
      vide, or  may  SHALL arrange for the intermediate school district

15
      to provide, appropriate instructional services to the

16
       individual  PUPIL at home.  The type of services provided AT

17
      HOME shall meet the requirements of section 6(4)(v) of the state

18
      school aid act of 1979, MCL 388.1606, and the services may be

19
      contracted for in the same manner as services for homebound

20
      pupils under section 109 of the state school aid act of 1979, MCL

21
      388.1709.  This subsection does not require a school district to

22
      expend more money for providing services for a pupil permanently

23
      expelled pursuant to subsection (1) than the amount of the foun-

24
      dation allowance the school district receives for the pupil under

25
      section 20 of the state school aid act of 1979, MCL 388.1620. 

26
           (4) If a school board expels  an individual  A PUPIL

27
      pursuant to this section, the school board shall ensure that,



   04662'99 *
                                  19

 1
      within 3 days after the expulsion, an official of the school

 2
      district refers the  individual  PUPIL to the appropriate county

 3
      department of social services or county community mental health

 4
      agency and notifies the individual's parent or legal guardian or,

 5
      if the  individual  PUPIL is at least age 18 or is an emancipated

 6
      minor, notifies the  individual  PUPIL of the referral.  UNLESS

 7
      THE PUPIL ENROLLS IN A STRICT DISCIPLINE ACADEMY ESTABLISHED

 8
      UNDER SECTIONS 1311B TO 1311l, THE SCHOOL BOARD ALSO SHALL REFER

 9
      THE PUPIL FOR PLACEMENT IN A DISCIPLINARY EDUCATION PROGRAM UNDER

10
      SECTION 1315.

11
           (5) The parent or legal guardian of  an individual  A PUPIL

12
      permanently expelled pursuant to subsection (1) or, if the

13
       individual  PUPIL is at least age 18 or is an emancipated minor,

14
      the  individual  PUPIL may petition the expelling school board

15
      for reinstatement of the  individual  PUPIL to public education

16
      in the school district.  If the expelling school board denies a

17
      petition for reinstatement, the parent or legal guardian or, if

18
      the  individual  PUPIL is at least age 18 or is an emancipated

19
      minor, the  individual  PUPIL may petition another school board

20
      for reinstatement of the  individual  PUPIL in that other school

21
      district.  All of the following apply to reinstatement under this

22
      subsection:

23
           (a) The  individual's  PUPIL'S parent or legal guardian or,

24
      if the  individual  PUPIL is at least age 18 or is an emancipated

25
      minor, the  individual  PUPIL may initiate a petition for rein-

26
      statement at any time after the expiration of 150 school days

27
      after the date of expulsion.



   04662'99 *
                                  20

 1
           (b) The  individual  PUPIL shall not be reinstated before

 2
      the 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  PUPIL is at least age 18 or is an emanci-

 5
      pated minor, of the  individual  PUPIL to prepare and submit the

 6
      petition.  A school board is not required to provide any assist-

 7
      ance in preparing the petition.  Upon request by a parent or

 8
      legal guardian or, if the  individual  PUPIL is at least age 18

 9
      or is an emancipated minor, by the  individual  PUPIL, a school

10
      board shall make available a form for 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  PUPIL is at least age 18 or is an emancipated minor,

16
      by the  individual  PUPIL.  The committee shall consist of 2

17
      school board members, 1 school administrator, 1 teacher, and 1

18
      parent of a pupil in the school district.  During this time the

19
      superintendent of the school district may prepare and submit for

20
      consideration by the committee information concerning the circum-

21
      stances of the expulsion and any factors mitigating for or

22
      against 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



   04662'99 *
                                  21

 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
      PUPIL TO AN EDUCATIONAL PLACEMENT OTHER THAN DISCIPLINARY

 9
      EDUCATION would create a risk of harm to pupils or school

10
      personnel.

11
           (ii) The extent to which reinstatement of the  individual 

12
      PUPIL TO AN EDUCATIONAL PLACEMENT OTHER THAN DISCIPLINARY

13
      EDUCATION would create a risk of school district or individual

14
      liability for the school board or school district personnel.

15
           (iii) The age and maturity of the  individual  PUPIL.

16
           (iv) The  individual's  PUPIL'S school record before the

17
      incident that caused the expulsion.

18
           (v) The  individual's  PUPIL'S attitude concerning the inci-

19
      dent that caused the expulsion.

20
           (vi) The  individual's  PUPIL'S behavior since the expulsion

21
      and the prospects for remediation of the  individual  PUPIL.

22
           (vii) If the petition was filed by a parent or legal guardi-

23
      an, the degree of cooperation and support that has been provided

24
      by the parent or legal guardian and that can be expected if the

25
       individual  PUPIL is reinstated, including, but not limited to,

26
      receptiveness toward possible conditions placed on the

27
      reinstatement.



   04662'99 *
                                  22

 1
           (f) Not later than the next regularly scheduled board

 2
      meeting after receiving the recommendation of the committee under

 3
      subdivision (e), a school board shall make a decision to uncondi-

 4
      tionally reinstate the  individual  PUPIL, conditionally rein-

 5
      state the  individual  PUPIL, or deny reinstatement of the

 6
       individual  PUPIL.  The decision of the school board is final.

 7
           (g) A school board may require  an individual  A PUPIL and,

 8
      if the petition was filed by a parent or legal guardian, his or

 9
      her parent or legal guardian to agree in writing to specific con-

10
      ditions before reinstating the  individual  PUPIL in a condi-

11
      tional reinstatement.  The conditions may include, but are not

12
      limited to, agreement to a behavior contract, which may involve

13
      the  individual  PUPIL, parent or legal guardian, and an outside

14
      agency; participation in or completion of an anger management

15
      program or other appropriate counseling; periodic progress

16
      reviews; and specified immediate consequences for failure to

17
      abide by a condition.  A parent or legal guardian or, if the

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

19
      the  individual  PUPIL may include proposed conditions in a peti-

20
      tion for reinstatement submitted under this subsection.

21
           (6) A school board or school administrator that complies

22
      with this section is not liable for damages for expelling a pupil

23
      pursuant to this section, and the authorizing body of a public

24
      school academy is not liable for damages for expulsion of a pupil

25
      by the public school academy pursuant to this section.

26
           (7) The department shall develop and distribute to all

27
      school districts a form for a petition for reinstatement to be



   04662'99 *
                                  23

 1
      used under subsection (5).  The department may designate the form

 2
      used for a petition for reinstatement under section 1311 as a

 3
      form that may be used under this section.

 4
           (8) This section does not diminish the due process rights

 5
      under federal law of a pupil who has been determined to be eligi-

 6
      ble for special education programs and services.

 7
            (9) If a pupil expelled from a school district pursuant to

 8
      this section is enrolled by a public school district sponsored

 9
      alternative education program or a public school academy during

10
      the period of expulsion, the public school academy or the alter-

11
      native education program is immediately eligible for the prorated

12
      share of either the public school academy's or operating school

13
      district's foundation allowance or the expelling school

14
      district's foundation allowance, whichever is higher. 

15
           (9)  (10)  A school board or its designee shall report all

16
      assaults described in subsection (1) or (2) to appropriate state

17
      or local law enforcement officials and prosecutors as provided in

18
      the statewide school safety information policy under section

19
      1308.

20
           (10)  (11) If an individual is expelled pursuant to this

21
      section, it is the responsibility of that individual and of his

22
      or her parent or legal guardian to locate a suitable educational

23
      program and to enroll the individual in such a program during the

24
      expulsion.  The office for safe schools in the department shall

25
      compile information on and catalog existing  alternative 

26
      DISCIPLINARY education programs  or schools  and nonpublic

27
      schools that may be open to enrollment of  individuals  PUPILS



   04662'99 *
                                  24

 1
      expelled pursuant to this section and pursuant to section

 2
      1311(2), and shall periodically distribute this information to

 3
      school districts for distribution to expelled  individuals 

 4
      PUPILS.  A school board that establishes  an alternative  A

 5
      DISCIPLINARY education program  or school  described in this sub-

 6
      section shall notify the office of safe schools about the program

 7
       or school  and the types of pupils it serves.  The office for

 8
      safe schools also shall work with and provide technical assist-

 9
      ance to school districts, authorizing bodies for public school

10
      academies, and other interested parties in developing these types

11
      of alternative education programs  or schools  in geographic

12
      areas that are not being served.

13
           (11)  (12)  As used in this section:

14
           (a) "At school" means in a classroom, elsewhere on school

15
      premises, on a school bus or other school-related vehicle, or at

16
      a school-sponsored activity or event whether or not it is held on

17
      school premises.

18
           (b) "Physical assault" means intentionally causing or

19
      attempting to cause physical harm to another through force or

20
      violence.

21
           (c) "School board" means a school board, intermediate school

22
      board, or the board of directors of a public school academy.

23
           (d) "School district" means a school district, a local act

24
      school district, an intermediate school district, or a public

25
      school academy.

26
           SEC. 1315.  (1) AN INTERMEDIATE SCHOOL DISTRICT SHALL

27
      OPERATE, OR OTHERWISE ARRANGE FOR THE PROVISION OF, A



   04662'99 *
                                  25

 1
      DISCIPLINARY EDUCATION PROGRAM FOR PUPILS WHO ARE EXPELLED FROM A

 2
      SCHOOL DISTRICT LOCATED WITHIN THE INTERMEDIATE SCHOOL DISTRICT

 3
      UNDER SECTION 1310, 1311, OR 1311A, AND WHO DO NOT ENROLL IN A

 4
      STRICT DISCIPLINE ACADEMY ESTABLISHED UNDER SECTIONS 1311B TO

 5
      1311l.  A SCHOOL BOARD LOCATED WITHIN THE INTERMEDIATE SCHOOL

 6
      DISTRICT MAY ALSO PLACE A DISRUPTIVE PUPIL IN THE DISCIPLINARY

 7
      EDUCATION PROGRAM.  AN INTERMEDIATE SCHOOL DISTRICT MAY PROVIDE

 8
      THE DISCIPLINARY EDUCATION PROGRAM DIRECTLY OR MAY PROVIDE THE

 9
      PROGRAM IN A CONSORTIUM OR OTHER COOPERATIVE ARRANGEMENT WITH 1

10
      OR MORE OTHER INTERMEDIATE SCHOOL DISTRICTS OR SCHOOL DISTRICTS.

11
           (2) ALL OF THE FOLLOWING APPLY TO A DISCIPLINARY EDUCATION

12
      PROGRAM OPERATED PURSUANT TO THIS SECTION:

13
           (A) THE PROGRAM SHALL BE PROVIDED IN A SETTING OTHER THAN

14
      THE CLASSROOM THAT WOULD BE THE PUPIL'S REGULAR CLASSROOM IF THE

15
      PUPIL HAD NOT BEEN PLACED IN THE DISCIPLINARY EDUCATION PROGRAM.

16
           (B) THE PROGRAM MAY BE LOCATED ON OR OFF A REGULAR SCHOOL

17
      CAMPUS.

18
           (C) THE PROGRAM SHALL BE IN A SETTING THAT ENSURES THAT THE

19
      PUPILS ARE PHYSICALLY SEPARATED AT ALL TIMES DURING THE SCHOOL

20
      DAY FROM THE GENERAL PUPIL POPULATION.  THE PROGRAM MAY INCLUDE

21
      PUPILS EXPELLED UNDER SECTION 1310, PUPILS EXPELLED UNDER

22
      SECTION 1311(2), PUPILS EXPELLED UNDER SECTION 1311A, AND OTHER

23
      PUPILS PLACED IN THE PROGRAM, OR ANY COMBINATION OF THESE,

24
      TOGETHER IN THE SAME EDUCATIONAL AND PHYSICAL SETTING.

25
           (D) THE PROGRAM SHALL PROVIDE FOR BOTH THE ACADEMIC AND

26
      BEHAVIOR MANAGEMENT NEEDS OF THE PUPIL IN A STRUCTURED,

27
      CONTROLLED ENVIRONMENT.



   04662'99 *
                                  26

 1
           (E) TO THE GREATEST EXTENT PRACTICABLE, THE PROGRAM SHALL

 2
      INVOLVE LOCAL MENTAL HEALTH, SOCIAL SERVICES, COMMUNITY HEALTH,

 3
      AND OTHER SUPPORTIVE AGENCIES IN A COLLABORATIVE APPROACH FOR

 4
      REFERRAL, TREATMENT, AND ASSISTANCE IN MEETING THE NEEDS OF THE

 5
      PUPIL.

 6
           (F) THE PROGRAM SHALL INVOLVE A PUPIL'S PARENT OR LEGAL

 7
      GUARDIAN IN AN ONGOING FASHION.

 8
           (G) A PUPIL PLACED IN THE PROGRAM IS REQUIRED TO ATTEND

 9
      SCHOOL IN THE PROGRAM AND IS SUBJECT TO THE COMPULSORY SCHOOL

10
      ATTENDANCE PROVISIONS OF PART 24 IF HE OR SHE FAILS TO ATTEND THE

11
      PROGRAM.

12
           (3) THE SCHOOL DISTRICT THAT PLACED THE PUPIL AND THE INTER-

13
      MEDIATE SCHOOL DISTRICT OR OTHER ENTITY OPERATING THE DISCI-

14
      PLINARY EDUCATION PROGRAM SHALL COOPERATE WITH OTHER GOVERNMENTAL

15
      AGENCIES AND COMMUNITY ORGANIZATIONS THAT ARE PROVIDING SERVICES

16
      TO A PUPIL WHO IS PLACED IN A DISCIPLINARY EDUCATION PROGRAM.

17
           (4) THIS STATE SHALL APPROPRIATE SUFFICIENT FUNDS EACH YEAR

18
      TO FULLY FUND DISCIPLINARY EDUCATION PROGRAMS UNDER THIS

19
      SECTION.

20
           (5) A SCHOOL BOARD MAY CHOOSE TO OPERATE A DISCIPLINARY EDU-

21
      CATION PROGRAM ITSELF OR TO PARTICIPATE IN A CONSORTIUM OR OTHER

22
      COOPERATIVE ARRANGEMENT PROVIDING A DISCIPLINARY EDUCATION

23
      PROGRAM.  UPON REQUEST FROM A SCHOOL DISTRICT THAT CHOOSES TO

24
      OPERATE OR PARTICIPATE IN A DISCIPLINARY EDUCATION PROGRAM UNDER

25
      THIS SECTION AND THAT IS LOCATED WITHIN THE INTERMEDIATE SCHOOL

26
      DISTRICT, AN INTERMEDIATE SCHOOL DISTRICT SHALL DO 1 OR MORE OF

27
      THE FOLLOWING:



   04662'99 *
                                  27

 1
           (A) COORDINATE AND ASSIST THE SCHOOL DISTRICT'S OPERATION OF

 2
      OR PARTICIPATION IN THE DISCIPLINARY EDUCATION PROGRAM.

 3
           (B) PROVIDE TECHNICAL ASSISTANCE TO THE SCHOOL DISTRICT IN

 4
      DEVELOPING THE SCHOOL DISTRICT'S OWN DISCIPLINARY EDUCATION PRO-

 5
      GRAM UNDER THIS SECTION.

 6
           (6) AS USED IN THIS SECTION:

 7
           (A) "DISRUPTIVE PUPIL" MEANS A PUPIL WHO CONSISTENTLY

 8
      ENGAGES IN DISRUPTIVE BEHAVIOR AND WHOSE BEHAVIOR MEETS 1 OR MORE

 9
      OF THE FOLLOWING:

10
           (i) POSES A THREAT TO THE SAFETY AND WELFARE OF OTHER

11
      PUPILS, TEACHERS, AND OTHER SCHOOL PERSONNEL.

12
           (ii) CREATES AN UNSAFE SCHOOL ENVIRONMENT.

13
           (iii) MATERIALLY INTERFERES WITH THE LEARNING OF OTHER

14
      PUPILS OR DISRUPTS THE OVERALL EDUCATIONAL PROCESS, IN A CONTINU-

15
      ING AND ONGOING FASHION.

16
           (B) "SCHOOL BOARD" AND "SCHOOL DISTRICT" MEAN THOSE TERMS AS

17
      DEFINED IN SECTION 1311.























   04662'99 *          Final page.                          TAV