HOUSE BILL No. 4435


     March 8, 2001, Introduced by Reps. Bogardus, Kolb, Schermesser, Lipsey, Hale, Gieleghem, Jamnick, Dennis, Phillips,
Adamini, Jacobs, Callahan, Lockwood and Minore and referred to the Committee on Appropriations.


        A bill to amend 1976 PA 451, entitled

   "The revised school code,"

   by amending sections 627, 1310, 1311, and 1311a (MCL 380.627,

   380.1310, 380.1311, and 380.1311a), section 627 as amended by

   1995 PA 289, sections 1310 and 1311a as amended by 2000 PA 230,

   and section 1311 as amended by 1999 PA 23, and by adding section

   1315.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1
           Sec. 627.  (1) An intermediate school board shall do all of

 2
      the following:

 3
           (a) Upon request of the board of a constituent SCHOOL dis-

 4
      trict, furnish services on a management, consultant, or supervi-

 5
      sory basis to the district.  The intermediate school board may

 6
      charge a constituent SCHOOL district for the costs of services

 7
      furnished under this subdivision.


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           (b) Upon request of the board of a constituent SCHOOL

 2
      district, direct, supervise, and conduct cooperative educational

 3
      programs on behalf of the district.  The intermediate school

 4
      board may utilize available funds not otherwise obligated by law

 5
      and accept contributions from other sources for the purpose of

 6
      financing the programs.  The funds shall be deposited with the

 7
      treasurer in a cooperative education fund and shall be disbursed

 8
      as the intermediate school board directs.  The intermediate

 9
      school board may employ personnel and take other action necessary

10
      to direct, supervise, and conduct cooperative educational

11
      programs.

12
           (c) Conduct cooperative programs mutually agreed upon by 2

13
      or more intermediate school boards.

14
           (d) Conduct cooperative programs mutually agreed upon with 1

15
      or more public school academies.

16
           (E) OPERATE OR OTHERWISE ARRANGE FOR THE PROVISION OF DISCI-

17
      PLINARY EDUCATION PROGRAMS UNDER SECTION 1315 ON BEHALF OF CON-

18
      STITUENT SCHOOL DISTRICTS AND PUBLIC SCHOOL ACADEMIES LOCATED

19
      WITHIN THE INTERMEDIATE SCHOOL DISTRICT.  TO FINANCE THESE PRO-

20
      GRAMS, THE INTERMEDIATE SCHOOL DISTRICT SHALL USE STATE APPROPRI-

21
      ATIONS MADE FOR THIS PURPOSE AND MAY ACCEPT CONTRIBUTIONS FROM

22
      OTHER SOURCES.

23
           (2) An intermediate school board may conduct or participate

24
      in cooperative programs for information technology systems which

25
      may include, but are not limited to, equipment for storage,

26
      retrieval, processing, and transmission of voice, data, or video

27
      communications; contract with public schools or other educational



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 1
      institutions, government agencies, public broadcasting stations

 2
      or systems, or information technology service providers in con-

 3
      ducting the programs; and acquire and install the equipment,

 4
      software, and training necessary for the programs in the manner

 5
      and at the places the intermediate school board considers

 6
      appropriate.

 7
           (3) Upon request of the board of a constituent school dis-

 8
      trict or public school academy located within the intermediate

 9
      school district, an intermediate school board may provide, either

10
      solely or as part of a consortium of intermediate school dis-

11
      tricts, comprehensive school improvement support services to the

12
      district or public school academy.  These services may include,

13
      but are not limited to, all of the following:

14
           (a) The development of a core curriculum.

15
           (b) The evaluation of a core curriculum.

16
           (c) The preparation of 1 or more school improvement plans.

17
           (d) The dissemination of information concerning 1 or more

18
      school improvement plans.

19
           (e) The preparation of an annual educational report.

20
           (f) Professional development.

21
           (g) Educational research.

22
           (h) The compilation of instructional objectives, instruc-

23
      tional resources, pupil demographics, and pupil academic

24
      achievement.

25
           (i) Assistance in obtaining school accreditation.

26
           (j) The provision of general technical assistance.





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           (4) To the extent allowed by law, if the most cost-effective

 2
      business services are not available to constituent districts, an

 3
      intermediate school board shall offer to provide for constituent

 4
      districts and public school academies located within the interme-

 5
      diate school district business services that can be accomplished

 6
      more cost-effectively by an intermediate school district.  An

 7
      intermediate school district may charge a fee for these services,

 8
      and may contract with a third party for provision of some or all

 9
      of these services.  These services may include, but are not

10
      limited to, any of the following:

11
           (a) Data processing.

12
           (b) Payroll.

13
           (c) Class scheduling.

14
           (d) Distance learning coordination and delivery.

15
           (e) Transportation services.

16
           Sec. 1310.  (1) If a pupil enrolled in grade 6 or above com-

17
      mits a physical assault at school against another pupil and the

18
      physical assault is reported to the school board, school district

19
      superintendent, or building principal, then the school board or

20
      the designee of the school board as described in section 1311(1)

21
      on behalf of the school board shall suspend or expel the pupil

22
       from the school district  for up to 180 school days FROM ANY

23
      EDUCATIONAL PLACEMENT IN THE SCHOOL DISTRICT OTHER THAN A DISCI-

24
      PLINARY EDUCATION PROGRAM.  A district superintendent or building

25
      principal who receives a report described in this subsection

26
      shall forward the report to the school board.  Notwithstanding

27
      section 1147, a school district is not required to allow  an



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      individual  A PUPIL expelled from another school district under

 2
      this section to attend school in the school district during the

 3
      expulsion.

 4
           (2) If  an individual  A PUPIL is expelled pursuant to this

 5
      section,  it is the responsibility of that individual and of his

 6
      or her parent or legal guardian to locate a suitable educational

 7
      program and to enroll the individual in such a program during the

 8
      expulsion  THE PUPIL SHALL BE PLACED IN AN APPROPRIATE DISCI-

 9
      PLINARY EDUCATION PROGRAM AS PROVIDED UNDER SECTION 1315.

10
           (3) The office for safe schools in the department shall com-

11
      pile information on and catalog existing  alternative 

12
      DISCIPLINARY education programs  or schools  and nonpublic

13
      schools that may be open to enrollment of  individuals  PUPILS

14
      expelled under this section and pursuant to section 1311(2) or

15
      1311a, and shall periodically distribute this information to

16
      school districts for distribution to expelled  individuals 

17
      PUPILS.  A school board that establishes  an alternative  A

18
      DISCIPLINARY program  or school  described in this subsection

19
      shall notify the office for safe schools about the program  or

20
      school  and the types of pupils it serves.  The office for safe

21
      schools also shall work with and provide technical assistance to

22
      school districts, authorizing bodies for public school academies,

23
      and other interested parties in developing these types of

24
       alternative  DISCIPLINARY education programs  or schools 
   in

25
      geographic areas that are not being served.

26
           (4)  (3)  As used in this section:





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

 2
      premises, on a school bus or other school-related vehicle, or at

 3
      a school-sponsored activity or event whether or not it is held on

 4
      school premises.

 5
           (b) "Physical assault" means intentionally causing or

 6
      attempting to cause physical harm to another through force or

 7
      violence.

 8
           (c) "School board" means a school board, intermediate school

 9
      board, or the board of directors of a public school academy.

10
           (d) "School district" means a school district, a local act

11
      school district, an intermediate school district, or a public

12
      school academy.

13
           Sec. 1311.  (1) Subject to subsection (2), the school board,

14
      or the school district superintendent, a school building princi-

15
      pal, or another school district official if designated by the

16
      school board, may authorize or order the suspension or expulsion

17
      from school of a pupil guilty of gross misdemeanor or persistent

18
      disobedience if, in the judgment of the school board or its des-

19
      ignee, as applicable, the interest of the school is served by the

20
      authorization or order.  If there is reasonable cause to believe

21
      that the pupil is handicapped, and the school district has not

22
      evaluated the pupil in accordance with rules of the state board

23
      to determine if the student is handicapped, the pupil shall be

24
      evaluated immediately by the intermediate school district of

25
      which the school district is constituent in accordance with sec-

26
      tion 1711.





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           (2) If a pupil possesses in a weapon free school zone a

 2
      weapon that constitutes a dangerous weapon, commits arson in a

 3
      school building or on school grounds, or commits criminal sexual

 4
      conduct in a school building or on school grounds, the school

 5
      board, or the designee of the school board as described in sub-

 6
      section (1) on behalf of the school board, shall expel the pupil

 7
       from the school district  permanently, subject to possible rein-

 8
      statement under subsection (5), FROM ANY EDUCATIONAL PLACEMENT IN

 9
      THE SCHOOL DISTRICT OTHER THAN A DISCIPLINARY EDUCATION PROGRAM.

10
      However, a school board is not required to expel a pupil for pos-

11
      sessing a weapon if the pupil establishes in a clear and convinc-

12
      ing manner at least 1 of the following:

13
           (a) The object or instrument possessed by the pupil was not

14
      possessed by the pupil for use as a weapon, or for direct or

15
      indirect delivery to another person for use as a weapon.

16
           (b) The weapon was not knowingly possessed by the pupil.

17
           (c) The pupil did not know or have reason to know that the

18
      object or instrument possessed by the pupil constituted a danger-

19
      ous weapon.

20
           (d) The weapon was possessed by the pupil at the suggestion,

21
      request, or direction of, or with the express permission of,

22
      school or police authorities.

23
           (3) If  an individual  A PUPIL is expelled pursuant to sub-

24
      section (2), the expelling school district shall enter on the

25
       individual's  PUPIL'S permanent record that he or she has been

26
      expelled pursuant to subsection (2).  Except  if a school

27
      district operates or participates cooperatively in an alternative



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 1
      education program appropriate for individuals expelled pursuant

 2
      to subsection (2) and in its discretion admits the individual to

 3
      that program, and except  for A DISCIPLINARY EDUCATION PROGRAM

 4
      UNDER SECTION 1315 OR a strict discipline academy established

 5
      under sections 1311b to 1311l,  an individual  A PUPIL expelled

 6
      pursuant to subsection (2) is expelled from all public schools in

 7
      this state and the officials of a school district shall not allow

 8
      the  individual  PUPIL to enroll in the school district IN A PRO-

 9
      GRAM OTHER THAN A DISCIPLINARY EDUCATION PROGRAM unless the

10
       individual  PUPIL has been reinstated under subsection (5).

11
      UNLESS THE PUPIL ENROLLS IN A STRICT DISCIPLINE ACADEMY, THE

12
      PUPIL SHALL BE PLACED IN AN APPROPRIATE DISCIPLINARY EDUCATION

13
      PROGRAM AS PROVIDED UNDER SUBSECTION (4) AND SECTION 1315. Except

14
      as otherwise provided by law, a program operated for

15
       individuals  PUPILS expelled pursuant to subsection (2) shall

16
      ensure that those  individuals  PUPILS are physically separated

17
      at all times during the school day from the general pupil

18
      population.  If  an individual  A PUPIL expelled from a school

19
      district pursuant to subsection (2) is not placed in  an

20
      alternative  A DISCIPLINARY education program or strict disci-

21
      pline academy, the school district  may  SHALL provide, or  may
   

22
      SHALL arrange for the intermediate school district to provide,

23
      appropriate instructional services to the  individual  PUPIL at

24
      home.  The type of services provided AT HOME shall meet the

25
      requirements of section 6(4)(v) of the state school aid act of

26
      1979, MCL 388.1606, and the services may be contracted for in the

27
      same manner as services for homebound pupils under section 109 of



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 1
      the state school aid act of 1979, MCL 388.1709.  This subsection

 2
      does not require a school district to expend more money for pro-

 3
      viding services for a pupil expelled pursuant to subsection (2)

 4
      than the amount of the foundation allowance the school district

 5
      receives for the pupil under section 20 of the state school aid

 6
      act of 1979, MCL 388.1620. 

 7
           (4) If a school board expels  an individual  A PUPIL pursu-

 8
      ant to subsection (2), the school board shall ensure that, within

 9
      3 days after the expulsion, an official of the school district

10
      refers the  individual  PUPIL to the appropriate county depart-

11
      ment of social services or county community mental health agency

12
      and notifies the  individual's  PUPIL'S parent or legal guardian

13
      or, if the  individual  PUPIL is at least age 18 or is an emanci-

14
      pated minor, notifies the  individual  PUPIL of the referral.

15
      UNLESS THE PUPIL ENROLLS IN A STRICT DISCIPLINE ACADEMY ESTAB-

16
      LISHED UNDER SECTIONS 1311B TO 1311l, THE SCHOOL BOARD ALSO SHALL

17
      REFER THE PUPIL FOR PLACEMENT IN A DISCIPLINARY EDUCATION PROGRAM

18
      UNDER SECTION 1315.

19
           (5) The parent or legal guardian of  an individual  A PUPIL

20
      expelled pursuant to subsection (2) or, if the  individual  PUPIL

21
      is at least age 18 or is an emancipated minor, the  individual 

22
      PUPIL may petition the expelling school board for reinstatement

23
      of the  individual  PUPIL to  public education  AN
   EDUCATIONAL

24
      PLACEMENT in the school district OTHER THAN DISCIPLINARY

25
      EDUCATION.  If the expelling school board denies a petition for

26
      reinstatement, the parent or legal guardian or, if the

27
       individual  PUPIL is at least age 18 or is an emancipated minor,



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      the  individual  PUPIL may petition another school board for

 2
      reinstatement of the  individual  PUPIL in that other school

 3
      district.  All of the following apply to reinstatement under this

 4
      subsection:

 5
           (a) For  an individual  A PUPIL who was enrolled in grade 5

 6
      or below at the time of the expulsion and who has been expelled

 7
      for possessing a firearm or threatening another person with a

 8
      dangerous weapon, the parent or legal guardian or, if the

 9
       individual  PUPIL is at least age 18 or is an emancipated minor,

10
      the  individual  PUPIL may initiate a petition for reinstatement

11
      at any time after the expiration of 60 school days after the date

12
      of expulsion.  For  an individual  A PUPIL who was enrolled in

13
      grade 5 or below at the time of the expulsion and who has been

14
      expelled pursuant to subsection (2) for a reason other than pos-

15
      sessing a firearm or threatening another person with a dangerous

16
      weapon, the parent or legal guardian or, if the  individual 

17
      PUPIL is at least age 18 or is an emancipated minor, the

18
       individual  PUPIL may initiate a petition for reinstatement at

19
      any time.  For  an individual  A PUPIL who was in grade 6 or

20
      above at the time of expulsion, the parent or legal guardian or,

21
      if the  individual  PUPIL is at least age 18 or is an emancipated

22
      minor, the  individual  PUPIL may initiate a petition for rein-

23
      statement at any time after the expiration of 150 school days

24
      after the date of expulsion.

25
           (b)  An individual  A PUPIL who was in grade 5 or below at

26
      the time of the expulsion and who has been expelled for

27
      possessing a firearm or threatening another person with a



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      dangerous weapon shall not be reinstated before the expiration of

 2
      90 school days after the date of expulsion.  An individual  A

 3
      PUPIL who was in grade 5 or below at the time of the expulsion

 4
      and who has been expelled pursuant to subsection (2) for a reason

 5
      other than possessing a firearm or threatening another person

 6
      with a dangerous weapon shall not be reinstated before the expi-

 7
      ration of 10 school days after the date of the expulsion.  An

 8
      individual  A PUPIL who was in grade 6 or above at the time of

 9
      the expulsion shall not be reinstated before the expiration of

10
      180 school days after the date of expulsion.

11
           (c) It is the responsibility of the parent or legal guardian

12
      or, if the  individual  PUPIL is at least age 18 or is an emanci-

13
      pated minor, of the  individual  PUPIL to prepare and submit the

14
      petition.  A school board is not required to provide any assist-

15
      ance in preparing the petition.  Upon request by a parent or

16
      legal guardian or, if the  individual  PUPIL is at least age 18

17
      or is an emancipated minor, by the  individual  PUPIL, a school

18
      board shall make available a form for a petition.

19
           (d) Not later than 10 school days after receiving a petition

20
      for reinstatement under this subsection, a school board shall

21
      appoint a committee to review the petition and any supporting

22
      information submitted by the parent or legal guardian or, if the

23
       individual  PUPIL is at least age 18 or is an emancipated minor,

24
      by the  individual  PUPIL.  The committee shall consist of 2

25
      school board members, 1 school administrator, 1 teacher, and 1

26
      parent of a pupil in the school district.  During this time the

27
      superintendent of the school district may prepare and submit for



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      consideration by the committee information concerning the

 2
      circumstances of the expulsion and any factors mitigating for or

 3
      against reinstatement.

 4
           (e) Not later than 10 school days after all members are

 5
      appointed, the committee described in subdivision (d) shall

 6
      review the petition and any supporting information and informa-

 7
      tion provided by the school district and shall submit a recommen-

 8
      dation to the school board on the issue of reinstatement.  The

 9
      recommendation shall be for unconditional reinstatement, for con-

10
      ditional reinstatement, or against reinstatement, and shall be

11
      accompanied by an explanation of the reasons for the recommenda-

12
      tion and of any recommended conditions for reinstatement.  The

13
      recommendation shall be based on consideration of all of the fol-

14
      lowing factors:

15
           (i) The extent to which reinstatement of the  individual 

16
      PUPIL TO AN EDUCATIONAL PLACEMENT OTHER THAN DISCIPLINARY

17
      EDUCATION would create a risk of harm to pupils or school

18
      personnel.

19
           (ii) The extent to which reinstatement of the  individual 

20
      PUPIL TO AN EDUCATIONAL PLACEMENT OTHER THAN DISCIPLINARY

21
      EDUCATION would create a risk of school district liability or

22
      individual liability for the school board or school district

23
      personnel.

24
           (iii) The age and maturity of the  individual  PUPIL.

25
           (iv) The  individual's  PUPIL'S school record before the

26
      incident that caused the expulsion.





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           (v) The  individual's  PUPIL'S attitude concerning the

 2
      incident that caused the expulsion.

 3
           (vi) The  individual's  PUPIL'S behavior since the expulsion

 4
      and the prospects for remediation of the  individual  PUPIL.

 5
           (vii) If the petition was filed by a parent or legal guardi-

 6
      an, the degree of cooperation and support that has been provided

 7
      by the parent or legal guardian and that can be expected if the

 8
       individual  PUPIL is reinstated, including, but not limited to,

 9
      receptiveness toward possible conditions placed on the

10
      reinstatement.

11
           (f) Not later than the next regularly scheduled board meet-

12
      ing after receiving the recommendation of the committee under

13
      subdivision (e), a school board shall make a decision to uncondi-

14
      tionally reinstate the  individual  PUPIL, conditionally rein-

15
      state the  individual  PUPIL, or deny reinstatement of the

16
       individual  PUPIL.  The decision of the school board is final.

17
           (g) A school board may require  an individual  A PUPIL and,

18
      if the petition was filed by a parent or legal guardian, his or

19
      her parent or legal guardian to agree in writing to specific con-

20
      ditions before reinstating the  individual  PUPIL in a condi-

21
      tional reinstatement.  The conditions may include, but are not

22
      limited to, agreement to a behavior contract, which may involve

23
      the  individual  PUPIL, parent or legal guardian, and an outside

24
      agency; participation in or completion of an anger management

25
      program or other appropriate counseling; periodic progress

26
      reviews; and specified immediate consequences for failure to

27
      abide by a condition.  A parent or legal guardian or, if the



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 1
       individual  PUPIL is at least age 18 or is an emancipated minor,

 2
      the  individual  PUPIL may include proposed conditions in a peti-

 3
      tion for reinstatement submitted under this subsection.

 4
           (6) A school board or school administrator that complies

 5
      with subsection (2) is not liable for damages for expelling a

 6
      pupil pursuant to subsection (2), and the authorizing body of a

 7
      public school academy is not liable for damages for expulsion of

 8
      a pupil by the public school academy pursuant to subsection (2).

 9
           (7) The department shall develop and distribute to all

10
      school districts a form for a petition for reinstatement to be

11
      used under subsection (5).

12
           (8) This section does not diminish the due process rights

13
      under federal law of a pupil who has been determined to be eligi-

14
      ble for special education programs and services.

15
            (9) If a pupil expelled from a public school district pur-

16
      suant to subsection (2) is enrolled by a public school district

17
      sponsored alternative education program or a public school acad-

18
      emy during the period of expulsion, the public school academy or

19
      alternative education program shall immediately become eligible

20
      for the prorated share of either the public school academy or

21
      operating school district's foundation allowance or the expelling

22
      school district's foundation allowance, whichever is higher.

23
           (10) If an individual is expelled pursuant to subsection

24
      (2), it is the responsibility of that individual and of his or

25
      her parent or legal guardian to locate a suitable alternative

26
      educational program and to enroll the individual in such a

27
      program during the expulsion. 



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 1
           (9) The office of safe schools in the department shall

 2
      compile information on and catalog existing  alternative 

 3
      DISCIPLINARY education programs  or schools  and nonpublic

 4
      schools that may be open to enrollment of  individuals  PUPILS

 5
      expelled pursuant to subsection (2) and pursuant to section

 6
      1311a, and shall periodically distribute this information to

 7
      school districts for distribution to expelled  individuals 

 8
      PUPILS.  A school board that establishes  an alternative  A

 9
      DISCIPLINARY education program  or school  described in this sub-

10
      section shall notify the office of safe schools about the program

11
       or school  and the types of pupils it serves.  The office of

12
      safe schools also shall work with and provide technical assist-

13
      ance to school districts, authorizing bodies for public school

14
      academies, and other interested parties in developing these types

15
      of  alternative  DISCIPLINARY education programs  or schools
    in

16
      geographic areas that are not being served.

17
           (10)  (11)  As used in this section:

18
           (a) "Arson" means a felony violation of chapter X of the

19
      Michigan penal code, 1931 PA 328, MCL 750.71 to 750.80.

20
           (b) "Criminal sexual conduct" means a violation of

21
      section 520b, 520c, 520d, 520e, or 520g of the Michigan penal

22
      code, 1931 PA 328, MCL 750.520b, 750.520c, 750.520d, 750.520e,

23
      and 750.520g.

24
           (c) "Dangerous weapon" means that term as defined in

25
      section 1313.

26
           (d) "Firearm" means that term as defined in section 921 of

27
      title 18 of the United States Code, 18 U.S.C. 921.



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 1
           (e) "School board" means a school board, intermediate school

 2
      board, or the board of directors of a public school academy.

 3
           (f) "School district" means a school district, a local act

 4
      school district, an intermediate school district, or a public

 5
      school academy.

 6
           (g) "Weapon free school zone" means that term as defined in

 7
      section 237a of the Michigan penal code, 1931 PA 328,

 8
      MCL 750.237a.

 9
           Sec. 1311a.  (1) If a pupil enrolled in grade 6 or above

10
      commits a physical assault at school against a person employed by

11
      or engaged as a volunteer or contractor by the school board and

12
      the physical assault is reported to the school board, school dis-

13
      trict superintendent, or building principal by the victim or, if

14
      the victim is unable to report the assault, by another person on

15
      the victim's behalf, then the school board, or the designee of

16
      the school board as described in section 1311(1) on behalf of the

17
      school board, shall expel the pupil  from the school district 

18
      permanently, subject to possible reinstatement under

19
      subsection (5), FROM ANY EDUCATIONAL PLACEMENT IN THE SCHOOL DIS-

20
      TRICT OTHER THAN A DISCIPLINARY EDUCATION PROGRAM.  A SCHOOL dis-

21
      trict superintendent or building principal who receives a report

22
      described in this subsection shall forward the report to the

23
      school board.

24
           (2) If a pupil enrolled in grade 6 or above commits a verbal

25
      assault, as defined by school board policy, at school against a

26
      person employed by or engaged as a volunteer or contractor by the

27
      school board and the verbal assault is reported to the school



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 1
      board, school district superintendent, or building principal by

 2
      the victim or, if the victim is unable to report the verbal

 3
      assault, by another person on the victim's behalf, or if a pupil

 4
      enrolled in grade 6 or above makes a bomb threat or similar

 5
      threat directed at a school building, other school property, or a

 6
      school-related event, then the school board, or the designee of

 7
      the school board as described in section 1311(1) on behalf of the

 8
      school board, shall suspend or expel the pupil from  the school

 9
      district  ANY EDUCATIONAL PLACEMENT IN THE SCHOOL DISTRICT OTHER

10
      THAN A DISCIPLINARY EDUCATION PROGRAM for a period of time as

11
      determined in the discretion of the school board or its

12
      designee.  A SCHOOL district superintendent or building principal

13
      who receives a report described in this subsection shall forward

14
      the report to the school board.  Notwithstanding section 1147, a

15
      school district is not required to allow  an individual  A PUPIL

16
      expelled from another school district under this subsection to

17
      attend school in the school district during the expulsion.

18
           (3) If  an individual  A PUPIL is permanently expelled pur-

19
      suant to this section, the expelling school district shall enter

20
      on the  individual's  PUPIL'S permanent record that he or she has

21
      been permanently expelled pursuant to this section.  Except  if a

22
      school district operates or participates cooperatively in an

23
      alternative education program appropriate for individuals

24
      expelled pursuant to this section and section 1311(2) and in its

25
      discretion admits the individual to that program, and except  for

26
      A DISCIPLINARY EDUCATION PROGRAM UNDER SECTION 1315 OR a strict

27
      discipline academy established under sections 1311b to 1311l,  an



   00761'01
                                  18

 1
      individual  A PUPIL permanently expelled pursuant to this section

 2
      is expelled from all public schools in this state and the offi-

 3
      cials of a school district shall not allow the  individual  PUPIL

 4
      to enroll in the school district IN A PROGRAM OTHER THAN A DISCI-

 5
      PLINARY EDUCATION PROGRAM unless the  individual  PUPIL has been

 6
      reinstated under subsection (5).  Except as otherwise provided by

 7
      law, a program operated for  individuals  PUPILS expelled pursu-

 8
      ant to this section and section 1311(2) shall ensure that those

 9
       individuals  PUPILS are physically separated at all times during

10
      the school day from the general pupil population.  If  an

11
      individual  A PUPIL permanently expelled from a school district

12
      pursuant to this section is not placed in  an alternative  A

13
      DISCIPLINARY education program or strict discipline academy, the

14
      school district  may  SHALL provide, or  may  SHALL arrange
   for

15
      the intermediate school district to provide, appropriate instruc-

16
      tional services to the  individual  PUPIL at home.  The type of

17
      services provided AT HOME shall meet the requirements of section

18
      6(4)(v) of the state school aid act of 1979, MCL 388.1606, and

19
      the services may be contracted for in the same manner as services

20
      for homebound pupils under section 109 of the state school aid

21
      act of 1979, MCL 388.1709.  This subsection does not require a

22
      school district to expend more money for providing services for a

23
      pupil permanently expelled pursuant to this section than the

24
      amount of the foundation allowance the school district receives

25
      for the pupil under section 20 of the state school aid act of

26
      1979, MCL 388.1620. 





   00761'01
                                  19

 1
           (4) If a school board permanently expels  an individual  A

 2
      PUPIL pursuant to this section, the school board shall ensure

 3
      that, within 3 days after the expulsion, an official of the

 4
      school district refers the  individual  PUPIL to the appropriate

 5
      county department of social services or county community mental

 6
      health agency and notifies the individual's parent or legal

 7
      guardian or, if the  individual  PUPIL is at least age 18 or is

 8
      an emancipated minor, notifies the  individual  PUPIL of the

 9
      referral.  UNLESS THE PUPIL ENROLLS IN A STRICT DISCIPLINE ACAD-

10
      EMY ESTABLISHED UNDER SECTIONS 1311B TO 1311l, THE SCHOOL BOARD

11
      ALSO SHALL REFER THE PUPIL FOR PLACEMENT IN A DISCIPLINARY EDUCA-

12
      TION PROGRAM UNDER SECTION 1315.

13
           (5) The parent or legal guardian of  an individual  A PUPIL

14
      permanently expelled pursuant to this section or, if the

15
       individual  PUPIL is at least age 18 or is an emancipated minor,

16
      the  individual  PUPIL may petition the expelling school board

17
      for reinstatement of the  individual to public education  PUPIL

18
      TO AN EDUCATIONAL PLACEMENT in the school district OTHER THAN

19
      DISCIPLINARY EDUCATION.  If the expelling school board denies a

20
      petition for reinstatement, the parent or legal guardian or, if

21
      the  individual  PUPIL is at least age 18 or is an emancipated

22
      minor, the  individual  PUPIL may petition another school board

23
      for reinstatement of the  individual  PUPIL in that other school

24
      district.  All of the following apply to reinstatement under this

25
      subsection:

26
           (a) The  individual's  PUPIL'S parent or legal guardian or,

27
      if the  individual  PUPIL is at least age 18 or is an emancipated



   00761'01
                                  20

 1
      minor, the  individual  PUPIL may initiate a petition for

 2
      reinstatement at any time after the expiration of 150 school days

 3
      after the date of expulsion.

 4
           (b) The  individual  PUPIL shall not be reinstated before

 5
      the expiration of 180 school days after the date of expulsion.

 6
           (c) It is the responsibility of the parent or legal guardian

 7
      or, if the  individual  PUPIL is at least age 18 or is an emanci-

 8
      pated minor, of the  individual  PUPIL to prepare and submit the

 9
      petition.  A school board is not required to provide any assist-

10
      ance in preparing the petition.  Upon request by a parent or

11
      legal guardian or, if the  individual  PUPIL is at least age 18

12
      or is an emancipated minor, by the  individual  PUPIL, a school

13
      board shall make available a form for a petition.

14
           (d) Not later than 10 school days after receiving a petition

15
      for reinstatement under this subsection, a school board shall

16
      appoint a committee to review the petition and any supporting

17
      information submitted by the parent or legal guardian or, if the

18
       individual  PUPIL is at least age 18 or is an emancipated minor,

19
      by the  individual  PUPIL.  The committee shall consist of 2

20
      school board members, 1 school administrator, 1 teacher, and 1

21
      parent of a pupil in the school district.  During this time the

22
      superintendent of the school district may prepare and submit for

   23 consideration by the committee information concerning the circum-

24
      stances of the expulsion and any factors mitigating for or

25
      against reinstatement.

26
           (e) Not later than 10 school days after all members are

27
      appointed, the committee described in subdivision (d) shall



   00761'01
                                  21

 1
      review the petition and any supporting information and

 2
      information provided by the school district and shall submit a

 3
      recommendation to the school board on the issue of

 4
      reinstatement.  The recommendation shall be for unconditional

 5
      reinstatement, for conditional reinstatement, or against rein-

 6
      statement, and shall be accompanied by an explanation of the rea-

 7
      sons for the recommendation and of any recommended conditions for

 8
      reinstatement.  The recommendation shall be based on considera-

 9
      tion of all of the following factors:

10
           (i) The extent to which reinstatement of the  individual 

11
      PUPIL TO AN EDUCATIONAL PLACEMENT OTHER THAN DISCIPLINARY

12
      EDUCATION would create a risk of harm to pupils or school

13
      personnel.

14
           (ii) The extent to which reinstatement of the  individual 

15
      PUPIL TO AN EDUCATIONAL PLACEMENT OTHER THAN DISCIPLINARY

16
      EDUCATION would create a risk of school district or individual

17
      liability for the school board or school district personnel.

18
           (iii) The age and maturity of the  individual  PUPIL.

19
           (iv) The  individual's  PUPIL'S school record before the

20
      incident that caused the expulsion.

21
           (v) The  individual's  PUPIL'S attitude concerning the inci-

22
      dent that caused the expulsion.

23
           (vi) The  individual's  PUPIL'S behavior since the expulsion

24
      and the prospects for remediation of the  individual  PUPIL.

25
           (vii) If the petition was filed by a parent or legal guardi-

26
      an, the degree of cooperation and support that has been provided

27
      by the parent or legal guardian and that can be expected if the



   00761'01
                                  22

 1
       individual  PUPIL is reinstated, including, but not limited to,

 2
      receptiveness toward possible conditions placed on the

 3
      reinstatement.

 4
           (f) Not later than the next regularly scheduled board meet-

 5
      ing after receiving the recommendation of the committee under

 6
      subdivision (e), a school board shall make a decision to uncondi-

 7
      tionally reinstate the  individual  PUPIL, conditionally rein-

 8
      state the  individual  PUPIL, or deny reinstatement of the

 9
       individual  PUPIL.  The decision of the school board is final.

10
           (g) A school board may require  an individual  A PUPIL and,

11
      if the petition was filed by a parent or legal guardian, his or

12
      her parent or legal guardian to agree in writing to specific con-

13
      ditions before reinstating the  individual  PUPIL in a condi-

14
      tional reinstatement.  The conditions may include, but are not

15
      limited to, agreement to a behavior contract, which may involve

16
      the  individual  PUPIL, parent or legal guardian, and an outside

17
      agency; participation in or completion of an anger management

18
      program or other appropriate counseling; periodic progress

19
      reviews; and specified immediate consequences for failure to

20
      abide by a condition.  A parent or legal guardian or, if the

21
       individual  PUPIL is at least age 18 or is an emancipated minor,

22
      the  individual  PUPIL may include proposed conditions in a peti-

23
      tion for reinstatement submitted under this subsection.

24
           (6) A school board or school administrator that complies

25
      with this section is not liable for damages for suspending or

26
      expelling a pupil pursuant to this section, and the authorizing

27
      body of a public school academy is not liable for damages for



   00761'01
                                  23

 1
      suspension or expulsion of a pupil by the public school academy

 2
      pursuant to this section.

 3
           (7) The department shall develop and distribute to all

 4
      school districts a form for a petition for reinstatement to be

 5
      used under subsection (5).  The department may designate the form

 6
      used for a petition for reinstatement under section 1311 as a

 7
      form that may be used under this section.

 8
           (8) This section does not diminish the due process rights

 9
      under federal law of a pupil who has been determined to be eligi-

10
      ble for special education programs and services.

11
            (9) If a pupil expelled from a school district pursuant to

12
      this section is enrolled by a public school district sponsored

13
      alternative education program or a public school academy during

14
      the period of expulsion, the public school academy or the alter-

15
      native education program is immediately eligible for the prorated

16
      share of either the public school academy's or operating school

17
      district's foundation allowance or the expelling school

18
      district's foundation allowance, whichever is higher. 

19
           (9)  (10)  A school board or its designee shall report all

20
      assaults described in subsection (1) or (2) to appropriate state

21
      or local law enforcement officials and prosecutors as provided in

22
      the statewide school safety information policy under section

23
      1308.

24
           (10)  (11) If an individual is expelled pursuant to this

25
      section, it is the responsibility of that individual and of his

26
      or her parent or legal guardian to locate a suitable educational

27
      program and to enroll the individual in such a program during the



   00761'01
                                  24

 1
      expulsion.  The office for safe schools in the department shall

 2
      compile information on and catalog existing  alternative 

 3
      DISCIPLINARY education programs  or schools  and nonpublic

 4
      schools that may be open to enrollment of  individuals  PUPILS

 5
      expelled pursuant to this section and pursuant to section

 6
      1311(2), and shall periodically distribute this information to

 7
      school districts for distribution to expelled  individuals 

 8
      PUPILS.  A school board that establishes  an alternative  A

 9
      DISCIPLINARY education program  or school  described in this sub-

10
      section shall notify the office of safe schools about the program

11
       or school  and the types of pupils it serves.  The office for

12
      safe schools also shall work with and provide technical assist-

13
      ance to school districts, authorizing bodies for public school

14
      academies, and other interested parties in developing these types

15
      of alternative education programs  or schools  in geographic

16
      areas that are not being served.

17
           (11)  (12)  As used in this section:

18
           (a) "At school" means in a classroom, elsewhere on school

19
      premises, on a school bus or other school-related vehicle, or at

20
      a school-sponsored activity or event whether or not it is held on

21
      school premises.

22
           (b) "Physical assault" means intentionally causing or

23
      attempting to cause physical harm to another through force or

24
      violence.

25
           (c) "School board" means a school board, intermediate school

26
      board, or the board of directors of a public school academy.





   00761'01
                                  25

 1
           (d) "School district" means a school district, a local act

 2
      school district, an intermediate school district, or a public

 3
      school academy.

 4
           SEC. 1315.  (1) AN INTERMEDIATE SCHOOL DISTRICT SHALL OPER-

 5
      ATE, OR OTHERWISE ARRANGE FOR THE PROVISION OF, A DISCIPLINARY

 6
      EDUCATION PROGRAM FOR PUPILS WHO ARE EXPELLED FROM A SCHOOL DIS-

 7
      TRICT LOCATED WITHIN THE INTERMEDIATE SCHOOL DISTRICT UNDER SEC-

 8
      TION 1310, 1311, OR 1311A, AND WHO DO NOT ENROLL IN A STRICT DIS-

 9
      CIPLINE ACADEMY ESTABLISHED UNDER SECTIONS 1311B TO 1311l.  A

10
      SCHOOL BOARD LOCATED WITHIN THE INTERMEDIATE SCHOOL DISTRICT MAY

11
      ALSO PLACE A DISRUPTIVE PUPIL IN THE DISCIPLINARY EDUCATION

12
      PROGRAM.  AN INTERMEDIATE SCHOOL DISTRICT MAY PROVIDE THE DISCI-

13
      PLINARY EDUCATION PROGRAM DIRECTLY OR MAY PROVIDE THE PROGRAM IN

14
      A CONSORTIUM OR OTHER COOPERATIVE ARRANGEMENT WITH 1 OR MORE

15
      OTHER INTERMEDIATE SCHOOL DISTRICTS OR SCHOOL DISTRICTS.

16
           (2) ALL OF THE FOLLOWING APPLY TO A DISCIPLINARY EDUCATION

17
      PROGRAM OPERATED PURSUANT TO THIS SECTION:

18
           (A) THE PROGRAM SHALL BE PROVIDED IN A SETTING OTHER THAN

19
      THE CLASSROOM THAT WOULD BE THE PUPIL'S REGULAR CLASSROOM IF THE

20
      PUPIL HAD NOT BEEN PLACED IN THE DISCIPLINARY EDUCATION PROGRAM.

21
           (B) THE PROGRAM MAY BE LOCATED ON OR OFF A REGULAR SCHOOL

22
      CAMPUS.

23
           (C) THE PROGRAM SHALL BE IN A SETTING THAT ENSURES THAT THE

24
      PUPILS ARE PHYSICALLY SEPARATED AT ALL TIMES DURING THE SCHOOL

25
      DAY FROM THE GENERAL PUPIL POPULATION.  THE PROGRAM MAY INCLUDE

26
      PUPILS EXPELLED UNDER SECTION 1310, PUPILS EXPELLED UNDER

27
      SECTION 1311(2), PUPILS EXPELLED UNDER SECTION 1311A, AND OTHER



   00761'01
                                  26

 1
      PUPILS PLACED IN THE PROGRAM, OR ANY COMBINATION OF THESE,

 2
      TOGETHER IN THE SAME EDUCATIONAL AND PHYSICAL SETTING.

 3
           (D) THE PROGRAM SHALL PROVIDE FOR BOTH THE ACADEMIC AND

 4
      BEHAVIOR MANAGEMENT NEEDS OF THE PUPIL IN A STRUCTURED, CON-

 5
      TROLLED ENVIRONMENT.

 6
           (E) TO THE GREATEST EXTENT PRACTICABLE, THE PROGRAM SHALL

 7
      INVOLVE LOCAL MENTAL HEALTH, SOCIAL SERVICES, COMMUNITY HEALTH,

 8
      AND OTHER SUPPORTIVE AGENCIES IN A COLLABORATIVE APPROACH FOR

 9
      REFERRAL, TREATMENT, AND ASSISTANCE IN MEETING THE NEEDS OF THE

10
      PUPIL.

11
           (F) THE PROGRAM SHALL INVOLVE A PUPIL'S PARENT OR LEGAL

12
      GUARDIAN IN AN ONGOING FASHION.

13
           (G) A PUPIL PLACED IN THE PROGRAM IS REQUIRED TO ATTEND

14
      SCHOOL IN THE PROGRAM AND IS SUBJECT TO THE COMPULSORY SCHOOL

15
      ATTENDANCE PROVISIONS OF PART 24 IF HE OR SHE FAILS TO ATTEND THE

16
      PROGRAM.

17
           (3) THE SCHOOL DISTRICT THAT PLACED THE PUPIL AND THE INTER-

18
      MEDIATE SCHOOL DISTRICT OR OTHER ENTITY OPERATING THE DISCI-

19
      PLINARY EDUCATION PROGRAM SHALL COOPERATE WITH OTHER GOVERNMENTAL

20
      AGENCIES AND COMMUNITY ORGANIZATIONS THAT ARE PROVIDING SERVICES

21
      TO A PUPIL WHO IS PLACED IN A DISCIPLINARY EDUCATION PROGRAM.

22
           (4) THIS STATE SHALL APPROPRIATE SUFFICIENT FUNDS EACH YEAR

23
      TO FULLY FUND DISCIPLINARY EDUCATION PROGRAMS UNDER THIS

24
      SECTION.

25
           (5) A SCHOOL BOARD MAY CHOOSE TO OPERATE A DISCIPLINARY EDU-

26
      CATION PROGRAM ITSELF OR TO PARTICIPATE IN A CONSORTIUM OR OTHER

27
      COOPERATIVE ARRANGEMENT PROVIDING A DISCIPLINARY EDUCATION



   00761'01
                                  27

 1
      PROGRAM.  UPON REQUEST FROM A SCHOOL DISTRICT THAT CHOOSES TO

 2
      OPERATE OR PARTICIPATE IN A DISCIPLINARY EDUCATION PROGRAM UNDER

 3
      THIS SECTION AND THAT IS LOCATED WITHIN THE INTERMEDIATE SCHOOL

 4
      DISTRICT, AN INTERMEDIATE SCHOOL DISTRICT SHALL DO 1 OR MORE OF

 5
      THE FOLLOWING:

 6
           (A) COORDINATE AND ASSIST THE SCHOOL DISTRICT'S OPERATION OF

 7
      OR PARTICIPATION IN THE DISCIPLINARY EDUCATION PROGRAM.

 8
           (B) PROVIDE TECHNICAL ASSISTANCE TO THE SCHOOL DISTRICT IN

 9
      DEVELOPING THE SCHOOL DISTRICT'S OWN DISCIPLINARY EDUCATION PRO-

10
      GRAM UNDER THIS SECTION.

11
           (6) AS USED IN THIS SECTION:

12
           (A) "DISRUPTIVE PUPIL" MEANS A PUPIL WHO CONSISTENTLY

13
      ENGAGES IN DISRUPTIVE BEHAVIOR AND WHOSE BEHAVIOR MEETS 1 OR MORE

14
      OF THE FOLLOWING:

15
           (i) POSES A THREAT TO THE SAFETY AND WELFARE OF OTHER

16
      PUPILS, TEACHERS, AND OTHER SCHOOL PERSONNEL.

17
           (ii) CREATES AN UNSAFE SCHOOL ENVIRONMENT.

18
           (iii) MATERIALLY INTERFERES WITH THE LEARNING OF OTHER

19
      PUPILS OR DISRUPTS THE OVERALL EDUCATIONAL PROCESS, IN A CONTINU-

20
      ING AND ONGOING FASHION.

21
           (B) "SCHOOL BOARD" AND "SCHOOL DISTRICT" MEAN THOSE TERMS AS

22
      DEFINED IN SECTION 1311.













   00761'01          Final page.                            TAV