HB-5621, As Passed Senate, December 13, 2016

SUBSTITUTE FOR

HOUSE BILL NO. 5621

A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending section 1308 (MCL 380.1308), as added by 1999 PA 102.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1308. (1) Not later than ~~90 days after the effective date~~

~~of this section,~~ October 6, 1999, the superintendent of public

instruction, attorney general, and director of the department of

state police shall adopt, publish, and distribute to school boards,

county prosecutors, and local law enforcement agencies the

statewide school safety information policy described in subsection

(2). Not later than ~~180 days after the effective date of this~~

~~section,~~ January 6, 2000, each school board, county prosecutor, and

local law enforcement agency shall do both of the following:

(a) Meet and confer as appropriate on the implementation of

the statewide school safety information policy for each school

district and on any related issues that are unique to the affected

locality. The appropriate local law enforcement agency or agencies

to be involved shall be determined locally, consistent with the

statewide school safety information policy.

(b) Begin compliance with the statewide school safety

information policy.

(2) The statewide school safety information policy required

under subsection (1) shall identify the types of incidents

occurring at school that must be reported to law enforcement

agencies and shall establish procedures to be followed when such an

incident occurs at school. The statewide school safety information

policy also may address procedures for reporting incidents

involving possession of a dangerous weapon as required under

section 1313. The statewide school safety information policy shall

address at least all of the following:

(a) Law enforcement protocols and priorities for the reporting

process. The law enforcement protocols must be developed with the

cooperation of the appropriate state or local law enforcement

agency. The law enforcement priorities shall include at least

investigation of reported incidents, identification of those

involved in a reported incident, assistance in prevention of these

types of incidents, and, when appropriate, assistance from a child

protection agency.

(b) Definition of the types of incidents requiring reporting

to law enforcement and response by law enforcement, taking into

account the intent of the actor and the circumstances surrounding

the incident.

addressing at least all of the following:

(i) Initial notification and reporting by school officials.

(ii) The information to be provided by school officials.

(iii) Initial response by law enforcement agencies, which

shall be specifically tailored for incidents in progress, incidents

not in progress, and incidents involving delayed reporting. School

officials shall be consulted to determine the extent of law

enforcement involvement required by the situation.

(iv) Custody of actors.

(d) The amount and nature of assistance to be provided by

school officials, and the scope of their involvement in law

enforcement procedures. This provision shall require school

officials to notify the parent or legal guardian of a minor pupil

who is a victim or witness when law enforcement authorities

interview the pupil.

(e) Any other matters that will facilitate reporting of

incidents affecting school safety and the exchange of other

information affecting school safety.

(3) A school board or its designee shall report to the

appropriate state or local law enforcement agencies and prosecutors

all information that is required to be reported to those officials

under the statewide school safety information policy.

(4) ~~(3)~~ If school officials of a school district determine

that an incident has occurred at school that is required to be

reported to law enforcement agencies according to the statewide

school safety information policy under this section or under

subsection (3), the superintendent of the school district, or his

or her designee, immediately shall report that finding to the

appropriate state or local law enforcement agency in the manner

prescribed in the statewide school safety information policy.

(5) ~~(4)~~ If provided in the statewide school safety information

policy under this section, a local law enforcement agency that has

jurisdiction over a school building of a school district shall

report to the school officials of the school building incidents

reported to the law enforcement agency that allege the commission

of a crime and that, according to the incident report, either

occurred on school property or within 1,000 feet of the school

property or involved a pupil or staff member of the school as a

victim or alleged perpetrator. Upon request by a law enforcement

agency, school officials shall provide the law enforcement agency

with any information the law enforcement agency determines it needs

to provide this report to school officials.

(6) ~~(5)~~ If provided in the statewide school safety information

policy under this section, the prosecuting attorney of a county

shall notify a school district located in whole or in part in that

county of any criminal or juvenile court action initiated or taken

against a pupil of the school district, including, but not limited

to, convictions, adjudications, and dispositions. This notification

shall be made to either the school district superintendent or to

the intermediate superintendent of the intermediate school district

in which the county is located, as provided in the policy or by

local agreement. If the notification is made to the intermediate

superintendent, the intermediate superintendent shall forward the

information to the superintendent of the school district in which

the pupil is enrolled. Upon receipt of information under this

subsection, a school district superintendent shall share the

information with appropriate school building personnel. The

prosecuting attorney may inquire of each school age individual

involved in a court action described in this subsection whether the

individual is a pupil in a school district and, if so, in which

school district.

(7) ~~(6)~~ If provided for in the statewide school safety

information policy under this section, the appropriate court shall

inform an appropriate school administrator of the name of the

individual assigned to monitor a convicted or adjudicated youth

attending a public school and of how that individual may be

contacted.

(8) ~~(7)~~ A school board, county prosecutor, and local law

enforcement agency may enter into a local agreement or take other

measures to facilitate the sharing of school safety information or

to promote school safety if the agreement or other measures are

consistent with the statewide school safety information policy.

(9) ~~(8)~~ A school board shall cooperate with local law

enforcement agencies to ensure that detailed and accurate building

plans, blueprints, and site plans, as appropriate, for each school

building operated by the school board are provided to the

appropriate local law enforcement agency.

House Bill No. 5621 as amended June 1, 2016

as amended December 13, 2016

(10) ~~(9)~~ Reporting of information by a school district or

school personnel under this section is subject to ~~section 444 of~~

~~subpart 4 of part C of the general education provisions act, Title~~

~~IV of Public Law 90-247,~~ 20 ~~U.S.C.~~ USC 1232g, commonly referred to

as the family educational rights and privacy act of 1974.

(11) ~~(10)~~ If a pupil is involved in an incident reported to

law enforcement according to the statewide school safety

information policy under this section, then upon request by school

officials, the pupil's parent or legal guardian shall execute any

waivers or consents necessary to allow school officials access to

school, court, or other pertinent records of the pupil concerning

the incident and action taken as a result of the incident.

(12) ~~(11)~~ As used in this section:

(a) "At school" means in a classroom, elsewhere on school

premises, on a school bus or other school-related vehicle, or at a

school-sponsored activity or event whether or not it is held on

school premises.

(b) "School board" and "school district" mean those terms as

defined in section ~~1311a.~~1311.

<<Enacting section 1. This amendatory act takes effect August 1, 2017. [

]>>