HOUSE BILL No. 5738 May 4, 2000, Introduced by Reps. Cherry, Frank, Kelly, LaForge, Jelinek, Dennis, Bogardus, Scranton, Lockwood, Baird, Basham, Jacobs, Vaughn, Switalski, Gieleghem and Richner and referred to the Committee on Education. A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1308, 1310, 1311, and 1311a (MCL 380.1308, 380.1310, 380.1311, and 380.1311a), sections 1308 and 1310 as added by 1999 PA 102, section 1311 as amended by 1999 PA 23, and section 1311a as added by 1999 PA 104. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1308. (1)Not later than 90 days after the effective2date of this section, theTHE superintendent of public instruc- 3 tion, attorney general, and director of the department of state 4 police shall adopt, publish, and distribute to school boards, 5 county prosecutors, and local law enforcement agencies the state- 6 wide school safety information policy described in subsection 7 (2).Not later than 180 days after the effective date of this06268'00 TAV 2 1section, eachEACH school board, county prosecutor, and local 2 law enforcement agency shall do both of the following: 3 (a) Meet and confer as appropriate on the implementation of 4 the statewide school safety information policy for each school 5 district and on any related issues that are unique to the 6 affected locality. The appropriate local law enforcement agency 7 or agencies to be involved shall be determined locally, consis- 8 tent with the statewide school safety information policy. 9 (b)Begin complianceCOMPLY with the statewide school 10 safety information policy. 11 (2) The statewide school safety information policy required 12 under subsection (1) shall identify the types of incidents occur- 13 ring at school that must be reported to law enforcement agencies 14 and shall establish procedures to be followed when such an inci- 15 dent occurs at school. The statewide school safety information 16 policy also may address procedures for reporting incidents 17 involving possession of a dangerous weapon as required under sec- 18 tion 1313. The statewide school safety information policy shall 19 address at least all of the following: 20 (a) Law enforcement protocols and priorities for the report- 21 ing process. The law enforcement protocols must be developed 22 with the cooperation of the appropriate state or local law 23 enforcement agency. The law enforcement priorities shall include 24 at least investigation of reported incidents, identification of 25 those involved in a reported incident, assistance in prevention 26 of these types of incidents, and, when appropriate, assistance 27 from a child protection agency. 06268'00 3 1 (b) Definition of the types of incidents requiring reporting 2 to law enforcement and response by law enforcement, taking into 3 account the intent of the actor and the circumstances surrounding 4 the incident. 5 (c) Protocols for responding to reportable incidents, 6 addressing at least all of the following: 7 (i) Initial notification and reporting by school officials. 8 (ii) The information to be provided by school officials. 9 (iii) Initial response by law enforcement agencies, which 10 shall be specifically tailored for incidents in progress, inci- 11 dents not in progress, and incidents involving delayed 12 reporting. School officials shall be consulted to determine the 13 extent of law enforcement involvement required by the situation. 14 (iv) Custody of actors. 15 (d) The amount and nature of assistance to be provided by 16 school officials, and the scope of their involvement in law 17 enforcement procedures. This provision shall require school 18 officials to notify the parent or legal guardian of a minor pupil 19 who is a victim or witness when law enforcement authorities 20 interview the pupil. 21 (e) Any other matters that will facilitate reporting of 22 incidents affecting school safety and the exchange of other 23 information affecting school safety. 24 (3) If school officials of a school district determine that 25 an incident has occurred at school that is required to be 26 reported to law enforcement agencies according to the statewide 27 school safety information policy under this section, the 06268'00 4 1 superintendent of the school district, or his or her designee, 2 immediately shall report that finding to the appropriate state or 3 local law enforcement agency in the manner prescribed in the 4 statewide school safety information policy. SCHOOL OFFICIALS 5 ALSO SHALL REPORT THE INCIDENT TO CHILD PROTECTIVE SERVICES. 6 (4) If provided in the statewide school safety information 7 policy under this section, a local law enforcement agency that 8 has jurisdiction over a school building of a school district 9 shall report to the school officials of the school building inci- 10 dents reported to the law enforcement agency that allege the com- 11 mission of a crime and that, according to the incident report, 12 either occurred on school property or within 1,000 feet of the 13 school property or involved a pupil or staff member of the school 14 as a victim or alleged perpetrator. Upon request by a law 15 enforcement agency, school officials shall provide the law 16 enforcement agency with any information the law enforcement 17 agency determines it needs to provide this report to school 18 officials. 19 (5) If provided in the statewide school safety information 20 policy under this section, the prosecuting attorney of a county 21 shall notify a school district located in whole or in part in 22 that county of any criminal or juvenile court action initiated or 23 taken against a pupil of the school district, including, but not 24 limited to, convictions, adjudications, and dispositions. This 25 notification shall be made to either the school district superin- 26 tendent or to the intermediate superintendent of the intermediate 27 school district in which the county is located, as provided in 06268'00 5 1 the policy or by local agreement. If the notification is made to 2 the intermediate superintendent, the intermediate superintendent 3 shall forward the information to the superintendent of the school 4 district in which the pupil is enrolled. Upon receipt of infor- 5 mation under this subsection, a school district superintendent 6 shall share the information with appropriate school building 7 personnel. The prosecuting attorney may inquire of each school 8 age individual involved in a court action described in this sub- 9 section whether the individual is a pupil in a school district 10 and, if so, in which school district. 11 (6) If provided for in the statewide school safety informa- 12 tion policy under this section, the appropriate court shall 13 inform an appropriate school administrator of the name of the 14 individual assigned to monitor a convicted or adjudicated youth 15 attending a public school and of how that individual may be 16 contacted. 17 (7) A school board, county prosecutor,andlocal law 18 enforcement agency, AND CHILD PROTECTIVE SERVICES may enter into 19 a local agreement or take other measures to facilitate the shar- 20 ing of school safety information or to promote school safety if 21 the agreement or other measures are consistent with the statewide 22 school safety information policy. 23 (8) A school board shall cooperate with local law enforce- 24 ment agencies to ensure that detailed and accurate building 25 plans, blueprints, and site plans, as appropriate, for each 26 school building operated by the school board are provided to the 27 appropriate local law enforcement agency. 06268'00 6 1 (9) Reporting of information by a school district or school 2 personnel under this section is subject to section 444 of subpart 3 4 of part C of the general education provisions act,Title4 TITLE IV of Public Law 90-247, 20 U.S.C. 1232g, commonly referred 5 to as the family educational rights and privacy act of 1974. 6 (10) If a pupil is involved in an incident reported to law 7 enforcement according to the statewide school safety information 8 policy under this section, then upon request by school officials, 9 the pupil's parent or legal guardian shall execute any waivers or 10 consents necessary to allow school officials access to school, 11 court, or other pertinent records of the pupil concerning the 12 incident and action taken as a result of the incident. 13 (11) As used in this section: 14 (a) "At school" means in a classroom, elsewhere on school 15 premises, on a school bus or other school-related vehicle, or at 16 a school-sponsored activity or event whether or not it is held on 17 school premises. 18 (b) "School board" and "school district" mean those terms as 19 defined in section 1311a. 20 Sec. 1310. (1) If a pupil enrolled in grade 6 or above com- 21 mits a physical assault at school against another pupil and the 22 physical assault is reported to the school board, school district 23 superintendent, or building principal, the school board shall 24 expel the pupil from the school district for up to 180 school 25 days. A district superintendent or building principal who 26 receives a report described in this subsection shall forward the 27 report to the school board. Notwithstanding section 1147, a 06268'00 7 1 school district is not required to allow an individual expelled 2 from another school district under this section to attend school 3 in the school district during the expulsion. 4 (2) IF AN INDIVIDUAL IS EXPELLED UNDER THIS SECTION, WITHIN 5 3 DAYS AFTER THE EXPULSION, THE SCHOOL BOARD SHALL REPORT THE 6 INCIDENT RESULTING IN THE EXPULSION TO CHILD PROTECTIVE SERVICES. 7 (3)(2)If an individual is expelled pursuant to this sec- 8 tion, it is the responsibility of that individual and of his or 9 her parent or legal guardian to locate a suitable educational 10 program and to enroll the individual in such a program during the 11 expulsion. The office for safe schools in the department shall 12 compile information on and catalog existing alternative education 13 programs or schools and nonpublic schools that may be open to 14 enrollment of individuals expelled under this section and pursu- 15 ant to section 1311(2) or 1311a, and shall periodically distrib- 16 ute this information to school districts for distribution to 17 expelled individuals. A school board that establishes an alter- 18 native education 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 alter- 24 native education programs or schools in geographic areas that are 25 not being served. 26 (4)(3)As used in this section: 06268'00 8 1 (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. 06268'00 9 1 (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). However, a school board is not 9 required to expel a pupil for possessing a weapon if the pupil 10 establishes in a clear and convincing manner at least 1 of the 11 following: 12 (a) The object or instrument possessed by the pupil was not 13 possessed by the pupil for use as a weapon, or for direct or 14 indirect delivery to another person for use as a weapon. 15 (b) The weapon was not knowingly possessed by the pupil. 16 (c) The pupil did not know or have reason to know that the 17 object or instrument possessed by the pupil constituted a danger- 18 ous weapon. 19 (d) The weapon was possessed by the pupil at the suggestion, 20 request, or direction of, or with the express permission of, 21 school or police authorities. 22 (3) If an individual is expelled pursuant to subsection (2), 23 the expelling school district shall enter on the individual's 24 permanent record that he or she has been expelled pursuant to 25 subsection (2). Except if a school district operates or partici- 26 pates cooperatively in an alternative education program 27 appropriate for individuals expelled pursuant to subsection (2) 06268'00 10 1 and in its discretion admits the individual to that program, and 2 except for a strict discipline academy established under sections 3 1311b to 1311l, an individual expelled pursuant to subsection (2) 4 is expelled from all public schools in this state and the offi- 5 cials of a school district shall not allow the individual to 6 enroll in the school district unless the individual has been 7 reinstated under subsection (5). Except as otherwise provided by 8 law, a program operated for individuals expelled pursuant to 9 subsection (2) shall ensure that those individuals are physically 10 separated at all times during the school day from the general 11 pupil population. If an individual expelled from a school dis- 12 trict pursuant to subsection (2) is not placed in an alternative 13 education program or strict discipline academy, the school dis- 14 trict may provide, or may arrange for the intermediate school 15 district to provide, appropriate instructional services to the 16 individual at home. The type of services provided shall meet the 17 requirements of section 6(4)(v) of the state school aid act of 18 1979, MCL 388.1606, and the services may be contracted for in the 19 same manner as services for homebound pupils under section 109 of 20 the state school aid act of 1979, MCL 388.1709. This subsection 21 does not require a school district to expend more money for pro- 22 viding services for a pupil expelled pursuant to subsection (2) 23 than the amount of the foundation allowance the school district 24 receives for the pupil under section 20 of the state school aid 25 act of 1979, MCL 388.1620. 26 (4) If a school board expels an individual pursuant to 27 subsection (2), the school board shall ensure that, within 3 days 06268'00 11 1 after the expulsion, an official of the school district REPORTS 2 THE INCIDENT RESULTING IN THE EXPULSION TO CHILD PROTECTIVE SERV- 3 ICES AND refers the individual to the appropriate county depart- 4 ment of social services or county community mental health agency 5 and notifies the individual's parent or legal guardian or, if the 6 individual is at least age 18 or is an emancipated minor, noti- 7 fies the individual of the referral. 8 (5) The parent or legal guardian of an individual expelled 9 pursuant to subsection (2) or, if the individual is at least age 10 18 or is an emancipated minor, the individual may petition the 11 expelling school board for reinstatement of the individual to 12 public education in the school district. If the expelling school 13 board denies a petition for reinstatement, the parent or legal 14 guardian or, if the individual is at least age 18 or is an eman- 15 cipated minor, the individual may petition another school board 16 for reinstatement of the individual in that other school 17 district. All of the following apply to reinstatement under this 18 subsection: 19 (a) For an individual who was enrolled in grade 5 or below 20 at the time of the expulsion and who has been expelled for pos- 21 sessing a firearm or threatening another person with a dangerous 22 weapon, the parent or legal guardian or, if the individual is at 23 least age 18 or is an emancipated minor, the individual may ini- 24 tiate a petition for reinstatement at any time after the expira- 25 tion of 60 school days after the date of expulsion. For an indi- 26 vidual who was enrolled in grade 5 or below at the time of the 27 expulsion and who has been expelled pursuant to subsection (2) 06268'00 12 1 for a reason other than possessing a firearm or threatening 2 another person with a dangerous weapon, the parent or legal 3 guardian or, if the individual is at least age 18 or is an eman- 4 cipated minor, the individual may initiate a petition for rein- 5 statement at any time. For an individual who was in grade 6 or 6 above at the time of expulsion, the parent or legal guardian or, 7 if the individual is at least age 18 or is an emancipated minor, 8 the individual may initiate a petition for reinstatement at any 9 time after the expiration of 150 school days after the date of 10 expulsion. 11 (b) An individual who was in grade 5 or below at the time of 12 the expulsion and who has been expelled for possessing a firearm 13 or threatening another person with a dangerous weapon shall not 14 be reinstated before the expiration of 90 school days after the 15 date of expulsion. An individual who was in grade 5 or below at 16 the time of the expulsion and who has been expelled pursuant to 17 subsection (2) for a reason other than possessing a firearm or 18 threatening another person with a dangerous weapon shall not be 19 reinstated before the expiration of 10 school days after the date 20 of the expulsion. An individual who was in grade 6 or above at 21 the time of the expulsion shall not be reinstated before the 22 expiration of 180 school days after the date of expulsion. 23 (c) It is the responsibility of the parent or legal guardian 24 or, if the individual is at least age 18 or is an emancipated 25 minor, of the individual to prepare and submit the petition. A 26 school board is not required to provide any assistance in 27 preparing the petition. Upon request by a parent or legal 06268'00 13 1 guardian or, if the individual is at least age 18 or is an 2 emancipated minor, by the individual, a school board shall make 3 available a form for a petition. 4 (d) Not later than 10 school days after receiving a petition 5 for reinstatement under this subsection, a school board shall 6 appoint a committee to review the petition and any supporting 7 information submitted by the parent or legal guardian or, if the 8 individual is at least age 18 or is an emancipated minor, by the 9 individual. The committee shall consist of 2 school board mem- 10 bers, 1 school administrator, 1 teacher, and 1 parent of a pupil 11 in the school district. During this time the superintendent of 12 the school district may prepare and submit for consideration by 13 the committee information concerning the circumstances of the 14 expulsion and any factors mitigating for or against 15 reinstatement. 16 (e) Not later than 10 school days after all members are 17 appointed, the committee described in subdivision (d) shall 18 review the petition and any supporting information and informa- 19 tion provided by the school district and shall submit a recommen- 20 dation to the school board on the issue of reinstatement. The 21 recommendation shall be for unconditional reinstatement, for con- 22 ditional reinstatement, or against reinstatement, and shall be 23 accompanied by an explanation of the reasons for the recommenda- 24 tion and of any recommended conditions for reinstatement. The 25 recommendation shall be based on consideration of all of the fol- 26 lowing factors: 06268'00 14 1 (i) The extent to which reinstatement of the individual 2 would create a risk of harm to pupils or school personnel. 3 (ii) The extent to which reinstatement of the individual 4 would create a risk of school district liability or individual 5 liability for the school board or school district personnel. 6 (iii) The age and maturity of the individual. 7 (iv) The individual's school record before the incident that 8 caused the expulsion. 9 (v) The individual's attitude concerning the incident that 10 caused the expulsion. 11 (vi) The individual's behavior since the expulsion and the 12 prospects for remediation of the individual. 13 (vii) If the petition was filed by a parent or legal guardi- 14 an, the degree of cooperation and support that has been provided 15 by the parent or legal guardian and that can be expected if the 16 individual is reinstated, including, but not limited to, recep- 17 tiveness toward possible conditions placed on the reinstatement. 18 (f) Not later than the next regularly scheduled board meet- 19 ing after receiving the recommendation of the committee under 20 subdivision (e), a school board shall make a decision to uncondi- 21 tionally reinstate the individual, conditionally reinstate the 22 individual, or deny reinstatement of the individual. The deci- 23 sion of the school board is final. 24 (g) A school board may require an individual and, if the 25 petition was filed by a parent or legal guardian, his or her 26 parent or legal guardian to agree in writing to specific 27 conditions before reinstating the individual in a conditional 06268'00 15 1 reinstatement. The conditions may include, but are not limited 2 to, agreement to a behavior contract, which may involve the indi- 3 vidual, parent or legal guardian, and an outside agency; partici- 4 pation in or completion of an anger management program or other 5 appropriate counseling; periodic progress reviews; and specified 6 immediate consequences for failure to abide by a condition. A 7 parent or legal guardian or, if the individual is at least age 18 8 or is an emancipated minor, the individual may include proposed 9 conditions in a petition for reinstatement submitted under this 10 subsection. 11 (6) A school board or school administrator that complies 12 with subsection (2) is not liable for damages for expelling a 13 pupil pursuant to subsection (2), and the authorizing body of a 14 public school academy is not liable for damages for expulsion of 15 a pupil by the public school academy pursuant to subsection (2). 16 (7) The department shall develop and distribute to all 17 school districts a form for a petition for reinstatement to be 18 used under subsection (5). 19 (8) This section does not diminish the due process rights 20 under federal law of a pupil who has been determined to be eligi- 21 ble for special education programs and services. 22 (9) If a pupil expelled from a public school district pursu- 23 ant to subsection (2) is enrolled by a public school district 24 sponsored alternative education program or a public school acad- 25 emy during the period of expulsion, the public school academy or 26 alternative education program shall immediately become eligible 27 for the prorated share of either the public school academy or 06268'00 16 1 operating school district's foundation allowance or the expelling 2 school district's foundation allowance, whichever is higher. 3 (10) If an individual is expelled pursuant to subsection 4 (2), it is the responsibility of that individual and of his or 5 her parent or legal guardian to locate a suitable alternative 6 educational program and to enroll the individual in such a pro- 7 gram during the expulsion. The office of safe schools in the 8 department shall compile information on and catalog existing 9 alternative education programs or schools and nonpublic schools 10 that may be open to enrollment of individuals expelled pursuant 11 to subsection (2) and pursuant to section 1311a, and shall peri- 12 odically distribute this information to school districts for dis- 13 tribution to expelled individuals. A school board that estab- 14 lishes an alternative education program or school described in 15 this subsection shall notify the office of safe schools about the 16 program or school and the types of pupils it serves. The office 17 of safe schools also shall work with and provide technical 18 assistance to school districts, authorizing bodies for public 19 school academies, and other interested parties in developing 20 these types of alternative education programs or schools in geo- 21 graphic areas that are not being served. 22 (11) As used in this section: 23 (a) "Arson" means a felony violation of chapter X of the 24 Michigan penal code, 1931 PA 328, MCL 750.71 to 750.80. 25 (b) "Criminal sexual conduct" means a violation of 26 section 520b, 520c, 520d, 520e, or 520g of the Michigan penal 06268'00 17 1 code, 1931 PA 328, MCL 750.520b, 750.520c, 750.520d, 750.520e, 2 and 750.520g. 3 (c) "Dangerous weapon" means that term as defined in 4 section 1313. 5 (d) "Firearm" means that term as defined in section 921 of 6 title 18 of the United States Code, 18 U.S.C. 921. 7 (e) "School board" means a school board, intermediate school 8 board, or the board of directors of a public school academy. 9 (f) "School district" means a school district, a local act 10 school district, an intermediate school district, or a public 11 school academy. 12 (g) "Weapon free school zone" means that term as defined in 13 section 237a of the Michigan penal code, 1931 PA 328, 14 MCL 750.237a. 15 Sec. 1311a. (1) If a pupil enrolled in grade 6 or above 16 commits a physical assault at school against a person employed by 17 or engaged as a volunteer or contractor by the school board and 18 the physical assault is reported to the school board, school dis- 19 trict superintendent, or building principal by the victim or, if 20 the victim is unable to report the assault, by another person on 21 the victim's behalf, then the school board, or the designee of 22 the school board as described in section 1311(1) on behalf of the 23 school board, shall expel the pupil from the school district per- 24 manently, subject to possible reinstatement under 25 subsection (5). A district superintendent or building principal 26 who receives a report described in this subsection shall forward 27 the report to the school board. 06268'00 18 1 (2) If a pupil enrolled in grade 6 or above commits a verbal 2 assault, as defined by school board policy, at school against a 3 person employed by or engaged as a volunteer or contractor by the 4 school board and the verbal assault is reported to the school 5 board, school district superintendent, or building principal by 6 the victim or, if the victim is unable to report the verbal 7 assault, by another person on the victim's behalf, or if a pupil 8 enrolled in grade 6 or above makes a bomb threat or similar 9 threat directed at a school building, other school property, or a 10 school-related event, then the school board, or the designee of 11 the school board as described in section 1311(1) on behalf of the 12 school board, shall expel the pupil from the school district for 13 up to 180 school days. A district superintendent or building 14 principal who receives a report described in this subsection 15 shall forward the report to the school board. Notwithstanding 16 section 1147, a school district is not required to allow an indi- 17 vidual expelled from another school district under this subsec- 18 tion to attend school in the school district during the 19 expulsion. 20 (3) If an individual is permanently expelled pursuant to 21 subsection (1), the expelling school district shall enter on the 22 individual's permanent record that he or she has been permanently 23 expelled pursuant to subsection (1). Except if a school district 24 operates or participates cooperatively in an alternative educa- 25 tion program appropriate for individuals expelled pursuant to 26 subsection (1) and section 1311(2) and in its discretion admits 27 the individual to that program, and except for a strict 06268'00 19 1 discipline academy established under sections 1311b to 1311l, an 2 individual permanently expelled pursuant to subsection (1) is 3 expelled from all public schools in this state and the officials 4 of a school district shall not allow the individual to enroll in 5 the school district unless the individual has been reinstated 6 under subsection (5). Except as otherwise provided by law, a 7 program operated for individuals expelled pursuant to subsection 8 (1) and section 1311(2) shall ensure that those individuals are 9 physically separated at all times during the school day from the 10 general pupil population. If an individual permanently expelled 11 from a school district pursuant to subsection (1) is not placed 12 in an alternative education program or strict discipline academy, 13 the school district may provide, or may arrange for the interme- 14 diate school district to provide, appropriate instructional serv- 15 ices to the individual at home. The type of services provided 16 shall meet the requirements of section 6(4)(v) of the state 17 school aid act of 1979, MCL 388.1606, and the services may be 18 contracted for in the same manner as services for homebound 19 pupils under section 109 of the state school aid act of 1979, 20 MCL 388.1709. This subsection does not require a school district 21 to expend more money for providing services for a pupil per- 22 manently expelled pursuant to subsection (1) than the amount of 23 the foundation allowance the school district receives for the 24 pupil under section 20 of the state school aid act of 1979, 25 MCL 388.1620. 26 (4) If a school board expels an individual pursuant to this 27 section, the school board shall ensure that, within 3 days after 06268'00 20 1 the expulsion, an official of the school district REPORTS THE 2 INCIDENT RESULTING IN THE EXPULSION TO CHILD PROTECTIVE SERVICES 3 AND refers the individual to the appropriate county department of 4 social services or county community mental health agency and 5 notifies the individual's parent or legal guardian or, if the 6 individual is at least age 18 or is an emancipated minor, noti- 7 fies the individual of the referral. 8 (5) The parent or legal guardian of an individual per- 9 manently expelled pursuant to subsection (1) or, if the individ- 10 ual is at least age 18 or is an emancipated minor, the individual 11 may petition the expelling school board for reinstatement of the 12 individual to public education in the school district. If the 13 expelling school board denies a petition for reinstatement, the 14 parent or legal guardian or, if the individual is at least age 18 15 or is an emancipated minor, the individual may petition another 16 school board for reinstatement of the individual in that other 17 school district. All of the following apply to reinstatement 18 under this subsection: 19 (a) The individual's parent or legal guardian or, if the 20 individual is at least age 18 or is an emancipated minor, the 21 individual may initiate a petition for reinstatement at any time 22 after the expiration of 150 school days after the date of 23 expulsion. 24 (b) The individual shall not be reinstated before the expi- 25 ration of 180 school days after the date of expulsion. 26 (c) It is the responsibility of the parent or legal guardian 27 or, if the individual is at least age 18 or is an emancipated 06268'00 21 1 minor, of the individual to prepare and submit the petition. A 2 school board is not required to provide any assistance in prepar- 3 ing the petition. Upon request by a parent or legal guardian or, 4 if the individual is at least age 18 or is an emancipated minor, 5 by the individual, a school board shall make available a form for 6 a petition. 7 (d) Not later than 10 school days after receiving a petition 8 for reinstatement under this subsection, a school board shall 9 appoint a committee to review the petition and any supporting 10 information submitted by the parent or legal guardian or, if the 11 individual is at least age 18 or is an emancipated minor, by the 12 individual. The committee shall consist of 2 school board mem- 13 bers, 1 school administrator, 1 teacher, and 1 parent of a pupil 14 in the school district. During this time the superintendent of 15 the school district may prepare and submit for consideration by 16 the committee information concerning the circumstances of the 17 expulsion and any factors mitigating for or against 18 reinstatement. 19 (e) Not later than 10 school days after all members are 20 appointed, the committee described in subdivision (d) shall 21 review the petition and any supporting information and informa- 22 tion provided by the school district and shall submit a recommen- 23 dation to the school board on the issue of reinstatement. The 24 recommendation shall be for unconditional reinstatement, for con- 25 ditional reinstatement, or against reinstatement, and shall be 26 accompanied by an explanation of the reasons for the 27 recommendation and of any recommended conditions for 06268'00 22 1 reinstatement. The recommendation shall be based on 2 consideration of all of the following factors: 3 (i) The extent to which reinstatement of the individual 4 would create a risk of harm to pupils or school personnel. 5 (ii) The extent to which reinstatement of the individual 6 would create a risk of school district or individual liability 7 for the school board or school district personnel. 8 (iii) The age and maturity of the individual. 9 (iv) The individual's school record before the incident that 10 caused the expulsion. 11 (v) The individual's attitude concerning the incident that 12 caused the expulsion. 13 (vi) The individual's behavior since the expulsion and the 14 prospects for remediation of the individual. 15 (vii) If the petition was filed by a parent or legal guardi- 16 an, the degree of cooperation and support that has been provided 17 by the parent or legal guardian and that can be expected if the 18 individual is reinstated, including, but not limited to, recep- 19 tiveness toward possible conditions placed on the reinstatement. 20 (f) Not later than the next regularly scheduled board meet- 21 ing after receiving the recommendation of the committee under 22 subdivision (e), a school board shall make a decision to uncondi- 23 tionally reinstate the individual, conditionally reinstate the 24 individual, or deny reinstatement of the individual. The deci- 25 sion of the school board is final. 26 (g) A school board may require an individual and, if the 27 petition was filed by a parent or legal guardian, his or her 06268'00 23 1 parent or legal guardian to agree in writing to specific 2 conditions before reinstating the individual in a conditional 3 reinstatement. The conditions may include, but are not limited 4 to, agreement to a behavior contract, which may involve the indi- 5 vidual, parent or legal guardian, and an outside agency; partici- 6 pation in or completion of an anger management program or other 7 appropriate counseling; periodic progress reviews; and specified 8 immediate consequences for failure to abide by a condition. A 9 parent or legal guardian or, if the individual is at least age 18 10 or is an emancipated minor, the individual may include proposed 11 conditions in a petition for reinstatement submitted under this 12 subsection. 13 (6) A school board or school administrator that complies 14 with this section is not liable for damages for expelling a pupil 15 pursuant to this section, and the authorizing body of a public 16 school academy is not liable for damages for expulsion of a pupil 17 by the public school academy pursuant to this section. 18 (7) The department shall develop and distribute to all 19 school districts a form for a petition for reinstatement to be 20 used under subsection (5). The department may designate the form 21 used for a petition for reinstatement under section 1311 as a 22 form that may be used under this section. 23 (8) This section does not diminish the due process rights 24 under federal law of a pupil who has been determined to be eligi- 25 ble for special education programs and services. 26 (9) If a pupil expelled from a school district pursuant to 27 this section is enrolled by a public school district sponsored 06268'00 24 1 alternative education program or a public school academy during 2 the period of expulsion, the public school academy or the alter- 3 native education program is immediately eligible for the prorated 4 share of either the public school academy's or operating school 5 district's foundation allowance or the expelling school 6 district's foundation allowance, whichever is higher. 7 (10) A school board or its designee shall report all 8 assaults described in subsection (1) or (2) to appropriate state 9 or local law enforcement officials and prosecutors as provided in 10 the statewide school safety information policy under section 11 1308. 12 (11) If an individual is expelled pursuant to this section, 13 it is the responsibility of that individual and of his or her 14 parent or legal guardian to locate a suitable educational program 15 and to enroll the individual in such a program during the 16 expulsion. The office for safe schools in the department shall 17 compile information on and catalog existing alternative education 18 programs or schools and nonpublic schools that may be open to 19 enrollment of individuals expelled pursuant to this section and 20 pursuant to section 1311(2), and shall periodically distribute 21 this information to school districts for distribution to expelled 22 individuals. A school board that establishes an alternative edu- 23 cation program or school described in this subsection shall 24 notify the office of safe schools about the program or school and 25 the types of pupils it serves. The office for safe schools also 26 shall work with and provide technical assistance to school 27 districts, authorizing bodies for public school academies, and 06268'00 25 1 other interested parties in developing these types of alternative 2 education programs or schools in geographic areas that are not 3 being served. 4 (12) As used in this section: 5 (a) "At school" means in a classroom, elsewhere on school 6 premises, on a school bus or other school-related vehicle, or at 7 a school-sponsored activity or event whether or not it is held on 8 school premises. 9 (b) "Physical assault" means intentionally causing or 10 attempting to cause physical harm to another through force or 11 violence. 12 (c) "School board" means a school board, intermediate school 13 board, or the board of directors of a public school academy. 14 (d) "School district" means a school district, a local act 15 school district, an intermediate school district, or a public 16 school academy. 06268'00 Final page. TAV