Bill Text: MI HB5530 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Education: safety; annual inspections of all public and nonpublic schools for health and safety violations; require. Amends 1976 PA 451 (MCL 380.1 - 380.1852) by adding sec. 1263a.
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Introduced) 2024-03-05 - Bill Electronically Reproduced 02/29/2024 [HB5530 Detail]
Download: Michigan-2023-HB5530-Introduced.html
HOUSE BILL NO. 5530
A bill to amend 1976 PA 451, entitled
"The revised school code,"
(MCL 380.1 to 380.1852) by adding section 1263a.
The people of the state of michigan enact:
Sec. 1263a. (1) By not later than August 15, 2025, and not later than August 15 of each subsequent year, all of the following requirements must be met, as applicable:
(a) An intermediate superintendent or the intermediate superintendent's designee shall inspect the school premises, including each school building on the school premises, of each school operated by the intermediate school district, and the school premises, including each school building on the school premises, of each school operated by a school district that is a constituent district of the intermediate school district for health and safety violations, in accordance with guidelines developed and published by the department of health and human services under subsection (2).
(b) An individual designated by the board of directors of a public school academy shall inspect the school premises, including each school building on the school premises, of each school operated by the public school academy for health and safety violations, in accordance with guidelines developed and published by the department of health and human services under subsection (2).
(c) An individual designated by the governing body of a nonpublic school shall inspect the school premises, including each school building on the school premises, of each school operated by the nonpublic school for health and safety violations, in accordance with guidelines developed and published by the department of health and human services under subsection (2).
(2) By not later than March 1, 2025, the department of health and human services shall develop and publish guidelines regarding the inspection of a school premises for health and safety violations for the purposes described in subsection (1). The guidelines described in this subsection must include that an individual is not required to conduct an inspection of any portion of a school premises if an inspection of that portion of the school premises is already required by any department or agency of this state.
(3) By not later than 14 days after an inspection under subsection (1), the individual who conducted the inspection under subsection (1) or the individual's successor shall, in a form and manner prescribed by the department of health and human services, submit an inspection report to the department of health and human services. An inspection report submitted under this subsection must include at least both of the following, as applicable:
(a) Notice of any health and safety violations found on any school premises that were inspected.
(b) If a health and safety violation was found on any school premises that were inspected, a statement detailing the modification that will be made or remedial measure that will be taken to address the violation.
(4) By not later than 14 days after an inspection report is submitted under subsection (3), all of the following must be met, as applicable:
(a) Except as otherwise provided in subdivision (b), (c), or (d), if an inspection report submitted under subsection (3) includes a statement detailing a modification or remedial measure as described in subsection (3)(b), the individual who submitted the inspection report under subsection (3) or the individual's successor shall submit proof, in a form and manner prescribed by the department of health and human services, that the modification or remedial measure has been completed.
(b) If an intermediate school district or school district contracts for the completion of a modification or remedial measure detailed in an inspection report submitted under subsection (3), the individual who submitted the inspection report under subsection (3) or the individual's successor is not required to submit proof as required under subdivision (a), but shall submit proof, in a form and manner prescribed by the department of health and human services, of the steps taken by the intermediate school district or school district to ensure that the modification or remedial measure will be completed.
(c) If a public school academy contracts for the completion of a modification or remedial measure detailed in an inspection report submitted under subsection (3), the individual who submitted the inspection report under subsection (3) or the individual's successor is not required to submit proof as required under subdivision (a), but shall submit proof, in a form and manner prescribed by the department of health and human services, of the steps taken by the public school academy to ensure that the modification or remedial measure will be completed.
(d) If a nonpublic school contracts for the completion of a modification or remedial measure detailed in an inspection report submitted under subsection (3), the individual who submitted the inspection report under subsection (3) or the individual's successor is not required to submit proof as required under subdivision (a), but shall submit proof, in a form and manner prescribed by the department of health and human services, of the steps taken by the nonpublic school to ensure that the modification or remedial measure will be completed.
(5) If an intermediate school district or school district contracts for the completion of a modification or remedial measure as described under subsection (4)(b), on completion of the modification or remedial measure, the individual who made the submission to the department of health and human services under subsection (4)(b) or the individual's successor shall submit proof, in a form and manner prescribed by the department of health and human services, of the completion. If a public school academy contracts for the completion of a modification or remedial measure as described under subsection (4)(c), on completion of the modification or remedial measure, the individual who made the submission to the department of health and human services under subsection (4)(c) or the individual's successor shall submit proof, in a form and manner prescribed by the department of health and human services, of the completion. If a nonpublic school contracts for the completion of a modification or remedial measure as described under subsection (4)(d), on completion of the modification or remedial measure, the individual who made the submission to the department of health and human services under subsection (4)(d) or the individual's successor shall submit proof, in a form and manner prescribed by the department of health and human services, of the completion.
(6) If an inspection report submitted under subsection (3) contains a notice of any health and safety violations found on the school premises that were inspected, the board of an intermediate school district, the board of directors of a public school academy, or the governing body of a nonpublic school shall ensure that the item that is the reason for the health and safety violation is removed from areas that students access.
(7) Subject to state and federal privacy laws, the board of an intermediate school district, the board of directors of a public school academy, or the governing body of a nonpublic school shall ensure that each inspection report submitted under subsection (3) is posted on the intermediate school district's, public school academy's, or nonpublic school's website.
(8) Subject to state and federal privacy laws, if there is a student death that occurs on school premises of a school operated by an intermediate school district, operated by a school district that is a constituent district of the intermediate school district, operated by a public school academy, or operated by a nonpublic school, the intermediate school district, public school academy, or nonpublic school shall report the death and the possible cause of death to the department. The intermediate school district, public school academy, or nonpublic school shall remove all personally identifiable information from the report.
(9) As used in this section:
(a) "Health and safety violation" includes, but is not limited to, either of the following:
(i) The presence on a school premises, including in each school building on the school premises, of a table, chair, desk, movable wall, bleacher, or fixture, including, but not limited to, a shelf or other piece of furniture, that has been recalled, found defective, or otherwise been declared unsafe by any department or agency of this state or the United States government.
(ii) The presence of anything on a school premises, including in each school building on the school premises, that would raise a clear and obvious concern for student safety based on the good-faith judgment of the individual conducting the inspection of the school premises under this section.
(b) "Personally identifiable information" means information that includes, but is not limited to, a student's name, initials, address, phone number, date of birth, or student identification number, or that could be reasonably considered to identify a student.
(c) "School building" means either of the following:
(i) A building used primarily to provide instruction to students.
(ii) A recreational or athletic structure or field intended to be used by students.
(10) This section shall be known as "Lilliana's law".
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
