SENATE BILL NO. 1228

November 18, 2020, Introduced by Senators IRWIN, HOLLIER, MCBROOM, BAYER, GEISS, CHANG and SANTANA and referred to the Committee on Education and Career Readiness.

"The revised school code,"

(MCL 380.1 to 380.1852) by adding section 1310e.

the people of the state of michigan enact:

Sec. 1310e. (1) The board of a school district or intermediate school district or board of directors of a public school academy, or its designee, must appoint 1 or more independent decision makers. A hearing required under section 1310d(5) must be conducted by the independent decision maker or independent decision makers. The independent decision maker or independent decision makers shall determine whether the pupil is to be subject to a suspension of more than 10 days, expulsion, or alternative placement for more than 10 days and make an alternative placement recommendation for the pupil if appropriate. The independent decision maker or independent decision makers shall not do any of the following:

(a) Conduct an independent investigation of the disciplinary incident.

(b) Provide testimony at the hearing.

(2) The independent decision maker or independent decision makers shall apply a preponderance of the evidence standard when rendering a decision under this section.

(3) The independent decision maker or independent decision makers shall do all of the following at a hearing under this section:

(a) Disclose to a pupil that it is possible under applicable law that any testimony the pupil gives in the presence of law enforcement officers may be used against the pupil in a court of law at a future date.

(b) Offer to the pupil, and the pupil's parent, legal guardian, or representative described in subsection (5), a closed hearing without the presence of the public, law enforcement officers, or security guards except as necessary for the safety of the participants in the hearing.

(c) Invite input from the pupil, and the pupil's parent, legal guardian, or representative described in subsection (5), for each of the factors listed in section 1310d(1).

(d) Make findings for each of the factors listed in section 1310d(1).

(4) The independent decision maker or independent decision makers shall submit a written report of a decision under this section to the appointing board of a school district or intermediate school district or board of directors of a public school academy, or designee, that must contain all of the following:

(a) A finding of whether the evidence proves that the pupil committed the conduct in question.

(b) A justification for the finding of whether the evidence proves that the pupil committed the conduct in question.

(c) Clear and convincing evidence that the independent decision maker or independent decision makers considered each of the factors set forth in section 1310d(1).

(d) An alternative placement recommendation for the pupil, if appropriate.

(e) If an alternative placement recommendation is not appropriate, the rationale for that determination.

(f) An explanation of the pupil's appeal rights and the appeal procedures.

(5) A pupil has the right to be represented by an attorney or a non-attorney advocate at a hearing required by section 1310d(5). An attorney or a non-attorney advocate may participate in the hearing on behalf of the pupil and take any action the pupil is entitled to take.

(6) The board of a school district or intermediate school district or board of directors of a public school academy, or its designee, must give the pupil's parent or legal guardian a copy of the report required under subsection (4), and notice by telephone and by mail or electronic mail of all of the following:

(a) The disciplinary decision.

(b) A reinstatement plan, if appropriate.

(7) This section does not diminish any rights of a pupil under federal law.

(8) Before implementing a disciplinary decision under this section for a pupil with an individualized education program, the board of a school district or intermediate school district or board of directors of a public school academy, or its designee, must invite the pupil to meet with his or her individualized education program team to determine how the school district will provide a free and appropriate public education in a timely manner.

(9) An independent decision maker appointed under this section must not be either of the following:

(a) An employee of a school district, intermediate school district, or public school academy, that is involved in the education or care of the pupil subject to disciplinary action.

(b) An individual with a personal or professional conflict of interest.

(10) As used in this section:

(a) "Alternative placement recommendation" means an individualized recommendation for a pupil to further the pupil's public education for the duration of the removal, including placement in any of the following:

(i) Another school building.

(ii) An alternative or disciplinary program.

(iii) A cyber school.

(iv) An alternative, disciplinary, or virtual program offered by a neighboring school district or by an intermediate school district.

(v) Home-based or community-based instruction with district-provided curriculum.

(vi) An adult education program.

(vii) A community college if a dual-enrollment relationship exists.

(b) "Individualized education program" means that term as defined in section 614 of the individuals with disabilities education act, 20 USC 1414.

(c) "Individualized education program team" means that term as defined in section 614 of the individuals with disabilities education act, 20 USC 1414.

Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 100th Legislature are enacted into law:

(a) Senate Bill No. 1230.

(b) Senate Bill No. 1229.