HOUSE BILL No. 5411

 

November 7, 2007, Introduced by Reps. Steil, Wenke, Rick Jones, Coulouris, Hildenbrand, Green and Stahl 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 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) A member of the board of a school district or intermediate

 

school district or board of directors of a public school academy

 

who believes or has reason to believe that he or she has a conflict

 

of interest with regard to an expulsion shall abstain from voting

 

on the expulsion.

 

     (4) 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.