May 3, 2016, Introduced by Reps. Hooker, VerHeulen, Runestad, Crawford, Kelly, Outman, Goike, Hughes, Glenn, Potvin and McBroom and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1311g (MCL 380.1311g), as amended by 2014 PA
256.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1311g. (1) A strict discipline academy may be located in
all or part of an existing public school building. Except for a
strict discipline academy that includes pupils who are the
responsibility of a county juvenile agency, a strict discipline
academy shall not operate at a site other than the single site
requested for the configuration of grades that will use the site,
as specified in the application required under section 1311d and in
the contract.
(2) A strict discipline academy shall not charge tuition.
Except as otherwise provided in subsection (6), a strict discipline
academy shall not discriminate in its pupil admissions policies or
practices on the basis of intellectual or athletic ability,
measures of achievement or aptitude, status as a student with a
disability, or any other basis that would be illegal if used by a
school district. However, a strict discipline academy may limit
admission to pupils who are within a particular range of age or
grade level or on any other basis that would be legal if used by a
school district.
(3) A strict discipline academy shall be established under
sections 1311b to 1311m specifically for enrolling 1 or more of the
following types of pupils:
(a) Pupils placed in the strict discipline academy by a court
or by the department of health and human services or a county
juvenile agency under the direction of a court.
(b) Pupils who have been expelled under section 1311(2).
(c) Pupils who have been expelled under section 1311a or
another provision of this act.
(d) Other pupils who have been expelled from school, or pupils
who have been suspended from school for a suspension that is for a
period in excess of 10 school days, and who are referred to the
strict discipline academy by that pupil's school and placed in the
strict discipline academy by the pupil's parent or legal guardian.
However,
a suspended pupil shall be allowed to attend the strict
discipline
academy only for the duration of the suspension.
(4) In addition to the types of pupils specified in subsection
(3), a strict discipline academy shall be open for enrollment of a
special education pupil who does not meet the requirements of
subsection (3) if the special education pupil's individualized
education program team recommends that the special education pupil
be placed in the strict discipline academy. As used in this
subsection, "individualized education program team" means that term
as defined in section 614 of part B of title VI of the individuals
with disabilities education act, 20 USC 1414.
(5) In addition to the types of pupils specified in
subsections (3) and (4), a strict discipline academy may enroll a
pupil who is placed in a high-security or medium-security juvenile
facility, mental health facility, or child caring institution that
is operated by a private agency.
(6) A strict discipline academy shall enroll only 1 or more of
the types of pupils described in subsections (3) to (5). A pupil
who is enrolled in a strict discipline academy under subsections
(3) to (5) may, at the option of his or her parent or legal
guardian, continue to remain enrolled in the strict discipline
academy after he or she ceases to meet the requirements for
enrollment under subsections (3) to (5) as long as he or she meets
other applicable requirements for enrollment.
(7) A strict discipline academy is not required to keep any
group of pupils described in subsections (3) to (5) physically
separated from another group of those pupils, as might otherwise be
required under section 1311, section 1311a, or another provision of
this act.
(8) (7)
Strict discipline academies are not
intended to enroll
or otherwise be used to educate individuals who are committed to a
high-security or medium-security juvenile facility operated by the
department of health and human services or another state department
or agency. Further, if the department of corrections or another
state department or agency other than the department of health and
human services has custody of or jurisdiction over a child, that
state department or agency has the financial responsibility for
educating the child.
(9) (8)
Except for a foreign exchange
student who is not a
United States citizen, a strict discipline academy shall not enroll
a pupil who is not a resident of this state. Enrollment in the
strict discipline academy may be open to all individuals who reside
in this state who meet the admission policy under subsections (3)
to (5) and shall be open to all pupils who reside within the
geographic boundaries, if any, of the authorizing body as described
in section 1311d who meet the admission policy under subsections
(3) to (5), except that admission to a strict discipline academy
authorized by the board of a community college to operate, or
operated by the board of a community college, on the grounds of a
federal military installation, as described in section 1311d, shall
be open to all pupils who reside in the county in which the federal
military installation is located who meet the admission policy
under subsections (3) to (5). For a strict discipline academy
authorized by a state public university, enrollment shall be open
to all pupils who reside in this state who meet the admission
policy under subsections (3) to (5). If there are more applications
to enroll in the strict discipline academy than there are spaces
available, pupils shall be selected to attend using a random
selection process. However, a strict discipline academy may give
enrollment priority to a sibling of a pupil enrolled in the strict
discipline
academy. Except for a suspended pupil who is attending
the
strict discipline academy for the duration of the suspension, a
A strict discipline academy shall allow any pupil who was enrolled
in the strict discipline academy in the immediately preceding
school year to enroll in the strict discipline academy in the
appropriate grade unless the appropriate grade is not offered at
that strict discipline academy.
(10) (9)
A strict discipline academy may
include any grade up
to grade 12 or any configuration of those grades, including
kindergarten and early childhood education, as specified in its
contract. The authorizing body may approve amendment of a contract
with respect to ages of pupils or grades offered.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.