HOUSE BILL No. 5414

March 2, 2016, Introduced by Rep. Price 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 1307e.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

at least all of the following provisions concerning development and

 

implementation of an emergency intervention plan:

 

     (a) Each intermediate school district shall develop a written

 

and publicly available districtwide emergency intervention plan

 

that protects the health, safety, and dignity of pupils. The

 

emergency intervention plan shall provide a clear and detailed

 

description of the procedures to be followed, and the potential

 

actions to be taken, in an emergency situation, including, if

 

applicable, the potential use of emergency seclusion and emergency

 

physical restraint, along with examples of situations that could


 

result in the use of emergency seclusion or emergency physical

 

restraint. The emergency intervention plan should be developed and

 

periodically revised in partnership with parents and guardians by a

 

team that includes an individual knowledgeable about the

 

appropriate use of emergency seclusion and emergency physical

 

restraint and an individual knowledgeable about the use of positive

 

behavioral supports to reduce or eliminate the use of seclusion and

 

restraint. The intermediate school district shall provide parents

 

and guardians with paper or electronic notice of the availability

 

of the emergency intervention plan, including instructions on how

 

to access or request a copy of the plan and a process for asking

 

questions and expressing concerns. If the intermediate school

 

district has a public website, the intermediate school district

 

shall post the emergency intervention plan on that website.

 

     (b) If concerns arise regarding humaneness or social

 

acceptability of an element of the emergency intervention plan, the

 

intermediate school district should convene a human rights

 

committee to review the emergency intervention plan. The human

 

rights committee should consist of at least 3 key identified

 

personnel and 3 members of the intermediate school district's

 

parent advisory committee. As defined in the emergency intervention

 

plan, this committee should do all of the following:

 

     (i) Provide periodic review of the plan and related data, and

 

recommend revisions to the plan, as needed.

 

     (ii) Ensure that key identified personnel are trained in the

 

specific techniques described in the emergency intervention plan.

 

     (iii) Ensure that necessary staffing is maintained at all times.


 

     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) Senate Bill No.____ or House Bill No. 5410 (request no.

 

04860'15).

 

     (b) Senate Bill No.____ or House Bill No. 5417 (request no.

 

04867'15).