SENATE BILL NO. 170 January 28, 1999, Introduced by Senators STILLE, GOSCHKA, SHUGARS, BULLARD, GOUGEON and BENNETT 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, INTERMEDI- 2 ATE SCHOOL DISTRICT, PUBLIC SCHOOL ACADEMY, OR PUBLIC SCHOOL 3 OPERATED BY A STATE PUBLIC UNIVERSITY IS THE SUBJECT OF A CRIMI- 4 NAL OR JUVENILE COURT CONVICTION OR ADJUDICATION, NOT LATER THAN 5 30 DAYS AFTER THE CONVICTION OR ADJUDICATION THE PUPIL'S PARENT 6 OR LEGAL GUARDIAN SHALL NOTIFY SCHOOL OFFICIALS OF THE CONVICTION 7 OR ADJUDICATION AND OF THE COURT'S DISPOSITION. UPON REQUEST BY 8 SCHOOL OFFICIALS, THE PARENT OR LEGAL GUARDIAN SHALL EXECUTE A 9 WAIVER OR CONSENT NECESSARY TO ALLOW SCHOOL OFFICIALS ACCESS TO 10 COURT RECORDS CONCERNING THE CONVICTION OR ADJUDICATION. 01456'99 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 THE PUPIL IN AN INTERMEDIATE SCHOOL DISTRICT, 7 PUBLIC SCHOOL ACADEMY, OR PUBLIC SCHOOL OPERATED BY A STATE 8 PUBLIC UNIVERSITY, THE PUPIL'S PARENT OR LEGAL GUARDIAN SHALL DO 9 ALL OF THE FOLLOWING AT THE TIME HE OR SHE CONTACTS SCHOOL OFFI- 10 CIALS ABOUT ENROLLING THE PUPIL: 11 (A) IF THE PUPIL HAS BEEN EXPELLED, DISCLOSE TO SCHOOL OFFI- 12 CIALS THAT THE PUPIL HAS BEEN EXPELLED BY ANOTHER SCHOOL DISTRICT 13 OR PUBLIC OR NONPUBLIC SCHOOL AND THE REASON FOR THE EXPULSION. 14 (B) IF THE PUPIL HAS BEEN THE SUBJECT OF 1 OR MORE CRIMINAL 15 OR JUVENILE COURT CONVICTIONS OR ADJUDICATIONS, DISCLOSE TO 16 SCHOOL OFFICIALS EACH OF THE CRIMINAL OR JUVENILE COURT CONVIC- 17 TIONS AND ADJUDICATIONS AND THE COURT DISPOSITION OF EACH. 18 (C) UPON REQUEST BY SCHOOL OFFICIALS, EXECUTE A WAIVER OR 19 CONSENT NECESSARY TO ALLOW SCHOOL OFFICIALS ACCESS TO SCHOOL OR 20 COURT RECORDS OF THE PUPIL CONCERNING MATTERS DESCRIBED IN 21 SUBDIVISIONS (A) AND (B), AS APPLICABLE. 22 SEC. 1308. (1) IF SCHOOL OFFICIALS OF A SCHOOL DISTRICT 23 FIND THAT AN INCIDENT HAS OCCURRED AT SCHOOL INVOLVING PHYSICAL 24 VIOLENCE, GANG-RELATED ACTIVITY, ILLEGAL POSSESSION OF A CON- 25 TROLLED SUBSTANCE OR CONTROLLED SUBSTANCE ANALOGUE OR OTHER 26 INTOXICANT, OR TRESPASSING, THE SUPERINTENDENT OF THE SCHOOL 27 DISTRICT, OR HIS OR HER DESIGNEE, IMMEDIATELY SHALL REPORT THAT 01456'99 3 1 FINDING TO A STATE OR LOCAL LAW ENFORCEMENT AGENCY AND TO A STATE 2 OR LOCAL CHILD PROTECTION AGENCY. IF THE SCHOOL DISTRICT HAS 3 ENTERED INTO A MEMORANDUM OF UNDERSTANDING DESCRIBED IN SUBSEC- 4 TION (4), THE TYPES OF INCIDENTS TO BE REPORTED AND THE NATURE OF 5 THE REPORTING SHALL BE AS PRESCRIBED IN THE MEMORANDUM OF 6 UNDERSTANDING. 7 (2) A LOCAL LAW ENFORCEMENT AGENCY THAT HAS JURISDICTION 8 OVER A SCHOOL BUILDING OF A SCHOOL DISTRICT MAY REPORT TO THE 9 SCHOOL OFFICIALS OF THE SCHOOL BUILDING INCIDENTS REPORTED TO THE 10 LAW ENFORCEMENT AGENCY THAT ALLEGE THE COMMISSION OF A CRIME AND 11 THAT, ACCORDING TO THE INCIDENT REPORTED, EITHER OCCURRED ON 12 SCHOOL PROPERTY OR WITHIN 1,000 FEET OF THE SCHOOL PROPERTY OR 13 INVOLVED A PUPIL OR STAFF MEMBER OF THE SCHOOL AS A VICTIM OR 14 ALLEGED PERPETRATOR. UPON REQUEST BY A LAW ENFORCEMENT AGENCY, 15 SCHOOL OFFICIALS SHALL PROVIDE THE LAW ENFORCEMENT AGENCY WITH 16 ANY INFORMATION THE LAW ENFORCEMENT AGENCY DETERMINES IT NEEDS TO 17 PROVIDE THIS REPORT TO SCHOOL OFFICIALS. 18 (3) THE PROSECUTING ATTORNEY OF A COUNTY MAY NOTIFY A SCHOOL 19 DISTRICT LOCATED IN WHOLE OR IN PART IN THAT COUNTY OF ANY CRIMI- 20 NAL OR JUVENILE COURT ACTION INITIATED OR TAKEN AGAINST A PUPIL 21 OF THE SCHOOL DISTRICT, INCLUDING, BUT NOT LIMITED TO, CONVIC- 22 TIONS, ADJUDICATIONS, AND DISPOSITIONS. THE PROSECUTING ATTORNEY 23 MAY INQUIRE OF EACH SCHOOL AGE INDIVIDUAL INVOLVED IN A COURT 24 ACTION DESCRIBED IN THIS SUBSECTION WHETHER THE INDIVIDUAL IS A 25 PUPIL IN A SCHOOL DISTRICT AND, IF SO, IN WHICH SCHOOL DISTRICT. 26 (4) SCHOOL DISTRICTS SHALL WORK WITH LOCAL LAW ENFORCEMENT 27 AGENCIES, CHILD PROTECTION AGENCIES, AND COUNTY PROSECUTORS TO 01456'99 4 1 ESTABLISH AND IMPLEMENT A MEMORANDUM OF UNDERSTANDING TO 2 FACILITATE REPORTING OF INCIDENTS AFFECTING SCHOOL SAFETY AND 3 SHARING OF OTHER INFORMATION AFFECTING SCHOOL SAFETY. THE MEMO- 4 RANDUM OF UNDERSTANDING SHALL ESTABLISH PROCEDURES TO BE FOLLOWED 5 WHEN AN INCIDENT DESCRIBED IN SUBSECTION (1) OCCURS AT SCHOOL, 6 AND ALSO MAY ADDRESS PROCEDURES FOR REPORTING INCIDENTS INVOLVING 7 POSSESSION OF A DANGEROUS WEAPON AS REQUIRED UNDER SECTION 1313. 8 THE MEMORANDUM OF UNDERSTANDING SHALL ADDRESS AT LEAST ALL OF THE 9 FOLLOWING: 10 (A) LAW ENFORCEMENT PROTOCOLS AND PRIORITIES FOR THE REPORT- 11 ING PROCESS. THE LAW ENFORCEMENT PROTOCOLS MUST BE DEVELOPED 12 WITH THE COOPERATION OF THE APPROPRIATE STATE OR LOCAL LAW 13 ENFORCEMENT AGENCY. THE LAW ENFORCEMENT PRIORITIES SHALL INCLUDE 14 AT LEAST INVESTIGATION OF INCIDENTS, IDENTIFICATION OF THOSE 15 INVOLVED IN AN INCIDENT, AND ASSISTANCE IN PREVENTION OF THE 16 TYPES OF INCIDENTS DESCRIBED IN SUBSECTION (1). 17 (B) DEFINITION OF THE TYPES OF INCIDENTS REQUIRING REPORTING 18 TO LAW ENFORCEMENT AND RESPONSE BY LAW ENFORCEMENT, INCLUDING AT 19 LEAST THE TYPES OF INCIDENTS DESCRIBED IN SUBSECTION (1) AND 20 TAKING INTO ACCOUNT THE INTENT OF THE ACTOR AND THE CIRCUMSTANCES 21 SURROUNDING THE INCIDENT. 22 (C) PROTOCOLS FOR RESPONDING TO REPORTABLE INCIDENTS, 23 ADDRESSING AT LEAST ALL OF THE FOLLOWING: 24 (i) INITIAL NOTIFICATION AND REPORTING BY SCHOOL OFFICIALS. 25 (ii) THE INFORMATION TO BE PROVIDED BY SCHOOL OFFICIALS. 26 (iii) INITIAL RESPONSE BY LAW ENFORCEMENT AND CHILD 27 PROTECTION AGENCIES, WHICH SHALL BE SPECIFICALLY TAILORED FOR 01456'99 5 1 INCIDENTS IN PROGRESS, INCIDENTS NOT IN PROGRESS, AND INCIDENTS 2 INVOLVING DELAYED REPORTING. SCHOOL OFFICIALS SHALL BE CONSULTED 3 TO DETERMINE THE EXTENT OF LAW ENFORCEMENT OR CHILD PROTECTION 4 INVOLVEMENT REQUIRED BY THE SITUATION. 5 (iv) CUSTODY OF ACTORS. 6 (D) THE AMOUNT AND NATURE OF ASSISTANCE TO BE PROVIDED BY 7 SCHOOL OFFICIALS, AND THE SCOPE OF THEIR INVOLVEMENT IN LAW 8 ENFORCEMENT PROCEDURES. THIS PROVISION SHALL REQUIRE SCHOOL 9 OFFICIALS TO NOTIFY THE PARENT OR LEGAL GUARDIAN OF A MINOR PUPIL 10 WHO IS A VICTIM OR WITNESS WHEN LAW ENFORCEMENT AUTHORITIES 11 INTERVIEW THE PUPIL. 12 (E) ANY OTHER MATTERS THAT WILL FACILITATE REPORTING OF 13 INCIDENTS AFFECTING SCHOOL SAFETY AND THE EXCHANGE OF OTHER 14 INFORMATION AFFECTING SCHOOL SAFETY. 15 (5) AS USED IN THIS SECTION: 16 (A) "AT SCHOOL" MEANS ON PROPERTY OWNED BY OR UNDER THE CON- 17 TROL OF THE SCHOOL DISTRICT, ON A VEHICLE USED BY THE SCHOOL DIS- 18 TRICT OR UNDER CONTRACT WITH THE SCHOOL DISTRICT TO TRANSPORT 19 PUPILS TO OR FROM SCHOOL, OR AT A SCHOOL-RELATED ACTIVITY SPON- 20 SORED OR APPROVED BY THE SCHOOL DISTRICT. 21 (B) "CONTROLLED SUBSTANCE" AND "CONTROLLED SUBSTANCE 22 ANALOGUE" MEAN THOSE TERMS AS DEFINED IN SECTION 7104 OF THE 23 PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.7104. 24 (C) "SCHOOL DISTRICT" MEANS THAT TERM AS DEFINED IN 25 SECTION 1311. 01456'99 Final page. TAV