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.