SB-0194, As Passed House, June 6, 2007

SUBSTITUTE FOR

SENATE BILL NO. 194

     A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending section 1311g (MCL 380.1311g), as amended by 2005 PA

28.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1311g. (1) A strict discipline academy may be located in

all or part of an existing public school building. Except for a

strict discipline academy that includes pupils who are the

responsibility of a county juvenile agency, a strict discipline

academy shall not operate at a site other than the single site

requested for the configuration of grades that will use the site,

as specified in the application required under section 1311d and in

the contract.

     (2) A strict discipline academy shall not charge tuition.

Except as otherwise provided in subsection (5), a strict discipline

academy shall not discriminate in its pupil admissions policies or

practices on the basis of intellectual or athletic ability,

measures of achievement or aptitude, status as a handicapped

person, or any other basis that would be illegal if used by a

school district. However, a strict discipline academy may limit

admission to pupils who are within a particular range of age or

grade level or on any other basis that would be legal if used by a

school district.

     (3) A strict discipline academy shall be established under

sections 1311b to 1311l specifically for enrolling 1 or more of the

following types of pupils:

     (a) Pupils placed in the strict discipline academy by a court

or by the department of human services or a county juvenile agency

under the direction of a court.

     (b) Pupils who have been expelled under section 1311(2).

     (c) Pupils who have been expelled under section 1311a or

another provision of this act.

     (d) Other pupils who have been expelled from school, or pupils

who have been suspended from school for a suspension that is for a

period in excess of 10 school days, and who are referred to the

strict discipline academy by that pupil's school and placed in the

strict discipline academy by the pupil's parent or legal guardian.

However, a suspended pupil shall be allowed to attend the strict

discipline academy only for the duration of the suspension.

     (4) In addition to the types of pupils specified in subsection

(3), a strict discipline public school academy shall be open for

enrollment of a special education pupil who does not meet the

requirements of subsection (3) if the special education pupil's

individualized education program team recommends that the special

education pupil be placed in the strict discipline public school

academy. As used in this subsection, "individualized education

program team" means that term as defined in section 614 of part B

of title VI of the individuals with disabilities education act, 20

USC 1414.

     (5) A strict discipline academy shall enroll only 1 or more of

the types of pupils described in subsection (3) or (4). A strict

discipline academy is not required to keep any group of pupils

described in subsection (3) or (4) physically separated from

another group of those pupils, as might otherwise be required under

section 1311, section 1311a, or another provision of this act.

     (6) Strict discipline academies are not intended to enroll or

otherwise be used to educate individuals who are committed to a

high-security or medium-security juvenile facility operated by the

department of human services or another state department or agency.

Further, if the department of human services, department of

corrections , or another state department or agency other than the

department of human services has custody of or jurisdiction over a

child, that state department or agency has the financial

responsibility for educating the child.

     (7) Except for a foreign exchange student who is not a United

States citizen, a strict discipline academy shall not enroll a

pupil who is not a resident of this state. Enrollment in the strict

discipline academy may be open to all individuals who reside in

this state who meet the admission policy under subsections (3) and

(4) and shall be open to all pupils who reside within the

geographic boundaries, if any, of the authorizing body as described

in section 1311d who meet the admission policy under subsections

(3) and (4), except that admission to a strict discipline academy

authorized by the board of a community college to operate, or

operated by the board of a community college, on the grounds of a

federal military installation, as described in section 1311d, shall

be open to all pupils who reside in the county in which the federal

military installation is located who meet the admission policy

under subsections (3) and (4). For a strict discipline academy

authorized by a state public university, enrollment shall be open

to all pupils who reside in this state who meet the admission

policy under subsections (3) and (4). If there are more

applications to enroll in the strict discipline academy than there

are spaces available, pupils shall be selected to attend using a

random selection process. However, a strict discipline academy may

give enrollment priority to a sibling of a pupil enrolled in the

strict discipline academy. Except for a suspended pupil who is

attending the strict discipline academy for the duration of the

suspension, a strict discipline academy shall allow any pupil who

was enrolled in the strict discipline academy in the immediately

preceding school year to enroll in the strict discipline academy in

the appropriate grade unless the appropriate grade is not offered

at that strict discipline academy.

     (8) A strict discipline academy may include any grade up to

grade 12 or any configuration of those grades, including

kindergarten and early childhood education, as specified in its

contract. The authorizing body may approve amendment of a contract

with respect to ages of pupils or grades offered.