HB-5415, As Passed House, December 14, 2016

HB-5415, As Passed Senate, December 14, 2016

SUBSTITUTE FOR

HOUSE BILL NO. 5415

     A bill to amend 1976 PA 451, entitled

"The revised school code,"

(MCL 380.1 to 380.1852) by adding section 1307f.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1307f. The state policy under section 1307a shall include

at least all of the following provisions concerning data

collection:

     (a) A school district or public school academy, or an

intermediate school district program in which pupils are enrolled,

in accordance with department guidelines, shall collect and report

data on and related to the use of restraint and seclusion in the

school district, public school academy, or intermediate school

district program. In collecting and reporting this data, a school

district, public school academy, or intermediate school district

program shall use existing data collection and reporting systems

whenever possible. Incidents of use shall, at a minimum, be

reported by race, age, grade, gender, disability status, medical

condition, identity of the school personnel initiating the use of

the restraint or seclusion, and identity of the school or program

where the use occurred.

     (b) All of the following should occur with respect to the data

collected under subdivision (a):

     (i) The data should be analyzed by the school and school

district, public school academy, or intermediate school district in

which the pupil is enrolled to determine the efficacy of the

school's schoolwide system of behavioral support.

     (ii) The data should be analyzed by the school and school

district, public school academy, or intermediate school district in

the context of attendance, suspension, expulsion, and dropout data.

     (iii) The data should be analyzed by the school and school

district, public school academy, or intermediate school district

for the purposes of continuous improvement of training and

technical assistance toward the elimination of seclusion and

restraint.

     (iv) The data should be analyzed by the school and school

district, public school academy, or intermediate school district on

a schedule determined by the department.

     (v) The data should be reported electronically to the

department in accordance with department guidelines by the school

district, public school academy, or intermediate school district.

     (c) The department shall make available redacted, aggregate

data on the reported use of seclusion and restraint, compiled by

school district, public school academy, and intermediate school

district on a quarterly basis.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.

     Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 98th Legislature are

enacted into law:

     (a) House Bill No. 5410.

     (b) House Bill No. 5417.