April 12, 2018, Introduced by Reps. Rabhi, Pagan, Hoadley, Iden, Greimel, Hauck, Geiss, Chang, Kesto and LaSata and referred to the Committee on Law and Justice.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
(MCL 380.1 to 380.1852) by adding section 1310d.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1310d. (1) Notwithstanding any other provision of this
act, except as otherwise provided in subsection (2), the board of a
school district or intermediate school district or board of
directors of a public school academy shall not expel a pupil, or
suspend a pupil for more than 10 school days, for an action that
the pupil took during an incident in which the pupil reports being
sexually assaulted or an incident in which the pupil is believed to
have been sexually assaulted.
(2) Subsection (1) does not apply to a pupil if, as a result
of the incident, the pupil is convicted in a court of competent
jurisdiction of an act constituting criminal sexual assault in
violation of section 520b, 520c, 520d, 520e, or 520g of the
Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c, 750.520d,
750.520e, and 750.520g.
(3) If a pupil reports to a school official or staff member
that he or she has been sexually assaulted or if a school official
or staff member believes that a pupil has been sexually assaulted,
the school official or staff member shall refer the pupil to the
title IX coordinator for the school district, intermediate school
district, or public school academy. Upon referral, the title IX
coordinator shall take appropriate action to report the incident
and to assist the pupil in obtaining appropriate follow-up
services.
(4) As used in this section:
(a) "Sexual assault" means an act that constitutes criminal
sexual conduct in violation of section 520b, 520c, 520d, 520e, or
520g of the Michigan penal code, 1931 PA 328, MCL 750.520b,
750.520c, 750.520d, 750.520e, and 750.520g.
(b) "Title IX coordinator" means the official responsible for
overseeing compliance with title IX of the education amendments of
1972, 20 USC 1681 to 1688.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.