Bill Text: MI HB5618 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Education; discipline; requirements and procedures for suspension or expulsion; revise. Amends 1976 PA 451 (MCL 380.1 - 380.1852) by adding sec. 1310d.
Spectrum: Bipartisan Bill
Status: (Passed) 2016-12-28 - Assigned Pa 360'16 With Immediate Effect [HB5618 Detail]
Download: Michigan-2015-HB5618-Engrossed.html
HB-5618, As Passed House, June 2, 2016
SUBSTITUTE FOR
HOUSE BILL NO. 5618
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) Before suspending or expelling a pupil under
section 1310, 1311(1), 1311(2), or 1311a, the board of a school
district or intermediate school district or board of directors of a
public school academy, or a superintendent, school principal, or
other designee under section 1311(1), shall consider each of the
following factors:
(a) The pupil's age.
(b) The pupil's disciplinary history.
(c) Whether the pupil is a student with a disability.
(d) The seriousness of the violation or behavior committed by
the pupil.
(e) Whether the violation or behavior committed by the pupil
threatened the safety of any pupil or staff member.
(f) Whether restorative practices will be used to address the
violation or behavior committed by the pupil.
(g) Whether a lesser intervention would properly address the
violation or behavior committed by the pupil.
(2) Except as provided in subsection (3), this section applies
to give the board of a school district or intermediate school
district or board of directors of a public school academy, or its
designee, discretion over whether or not to suspend or expel a
pupil under section 1310, 1311(1), 1311(2), or 1311a.
(3) This section does not apply to a pupil being expelled
under section 1311(2) for possessing a firearm in a weapon free
school zone.
(4) Except as provided in subsection (3), consideration of the
factors listed in subsection (1) is mandatory before suspending or
expelling a student under section 1310, 1311(1), 1311(2), or 1311a.
The method used for consideration of the factors is at the sole
discretion of the board of a school district or intermediate school
district or board of directors of a public school academy, or its
designee.
(5) As used in this section:
(a) "Expel" means to exclude a pupil from school for
disciplinary reasons for a period of 60 or more school days.
(b) "Firearm" means that term as defined in section 1311.
(c) "Suspend" means to exclude a pupil from school for
disciplinary reasons for a period of fewer than 60 school days.
(d) "Weapon free school zone" means that term as defined in
section 1311.
Enacting section 1. This amendatory act takes effect August 1,
2016.
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. 5693.
(b) House Bill No. 5694.
(c) House Bill No. 5695.
