HB-5411, As Passed House, April 29, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 5411

     A bill to amend 1976 PA 451, entitled

"The revised school code,"

(MCL 380.1 to 380.1852) by adding section 1312a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1312a. (1) Not later than the beginning of the 2008-2009

school year, the board of a school district or intermediate school

district or board of directors of a public school academy shall

ensure that all of the following are included in the code of

student conduct under section 1312:

     (a) A detailed description of the due process rights that must

be provided for a pupil or a pupil's parent or legal guardian in

permanent expulsion proceedings.

     (b) A detailed description of the school district's,

intermediate school district's, or public school academy's

procedures for a permanent expulsion, including the process for

reinstatement under section 1311(5) or 1311a(5).

     (2) If proceedings are initiated to permanently expel a pupil,

the board of the school district or intermediate school district or

board of directors of the public school academy shall ensure that a

copy of the information required under subsection (1) is provided

to the pupil and the pupil's parent or legal guardian at the same

time as the notice of the charges against the pupil is provided to

the pupil and the pupil's parent or legal guardian.

     (3) 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.

     Enacting section 1. This amendatory act does not take effect

unless House Bill No. 5832 of the 94th Legislature is enacted into

law.