Bill Text: MI HB5409 | 2015-2016 | 98th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Education; discipline; statement of findings and intent regarding state policy on schoolwide positive intervention and support plans; provide for. Amends 1976 PA 451 (MCL 380.1 - 380.1852) by adding sec. 1307.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-12-31 - Assigned Pa 394'16 [HB5409 Detail]

Download: Michigan-2015-HB5409-Engrossed.html

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HB-5409, As Passed House, December 7, 2016

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5409

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

(MCL 380.1 to 380.1852) by adding section 1307.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1307. (1) It is the intent of the legislature that

 

sections 1307 to 1307h shall provide for a uniform policy regarding

 

the use of seclusion and restraint in the public schools that

 

accomplishes the following objectives:

 

     (a) Promotes the care, safety, welfare, and security of the

 

school community and the dignity of each pupil.

 

     (b) Encourages the use of proactive, effective, evidence- and

 

research-based strategies and best practices to reduce the

 

occurrence of challenging behaviors, eliminate the use of seclusion

 

and restraint, and increase meaningful instructional time for all

 

pupils.

 

     (c) Ensures that seclusion and physical restraint are used

 

only as a last resort in an emergency situation and are subject to

 

diligent assessment, monitoring, documentation, and reporting by

 

trained personnel.

 

     (d) Clearly defines the terms "seclusion", "restraint",

 

"emergency seclusion", and "emergency physical restraint" and

 

clearly states the procedures for the use of emergency seclusion

 

and emergency physical restraint.

 

     (2) Sections 1307 to 1307h do not limit any right or remedy of

 

an individual under state or federal law.

 

     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) House Bill No. 5410.

 

     (b) House Bill No. 5417.