NO SUSPENSION OR EXPULSION

FOR VICTIM OF SEXUAL ASSAULT

House Bill 5800 as introduced

Sponsor:  Rep. Yousef Rabhi

Committee:  Law and Justice

Complete to 4-23-18

SUMMARY:

House Bill 5800 would amend the Revised School Code to prohibit the board of a school district or intermediate school district (ISD) or board of directors of a public school academy (PSA, or charter school) from taking certain actions toward a student for the student’s actions arising out of an incident in which the student reported, or is believed to have experienced, a sexual assault. In those instances, the board or board of directors would not be allowed to expel the student, or suspend the student for more than 10 school days, for actions the student took during the incident of sexual assault.

           

Sexual assault would be defined as an act constituting criminal sexual conduct (CSC) in the first, second, third, or fourth degree or assault with intent to commit CSC in the first, second, or third degree.  

This prohibition would not apply if, as a result of the incident, the student is convicted of one of the offenses defined as sexual assault, above.

 

Under the bill, school officials and staff members would be required to refer a student to the Title IX coordinator[1] for the school district, ISD, or PSA if the student reports a sexual assault or if the school official or staff member believes that the student has been sexually assaulted. The Title IX coordinator would then take appropriate action to report the incident and assist the student in obtaining appropriate follow-up services.

The bill would take effect 90 days after enactment.

Proposed MCL 380.1310d

FISCAL IMPACT:

           

            House Bill 5800 would have no fiscal impact for the state or local units of government. 

                                                                                                                       

The bill should not create additional costs for local school districts, IDSs, or PSAs because any entity receiving federal funds from the U.S. Department of Education already is required under Title IX to identify someone on staff to act as and carry out the duties of a Title IX coordinator.

                                                                                        Legislative Analyst:   Jenny McInerney

                                                                                               Fiscal Analysts:   Bethany Wicksall

                                                                                                                           Samuel Christensen

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.

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