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MI HB5693

Bill

Status

Passed

12/28/2016

Primary Sponsor

Martin Howrylak

Click for details

Origin

House of Representatives

98th Legislature

AI Summary

  • School boards must permanently expel pupils who possess dangerous weapons in weapon-free school zones, commit arson in school buildings or on school grounds, or commit criminal sexual conduct in school buildings or on school grounds, subject to possible reinstatement.

  • Pupils may be exempt from mandatory expulsion for weapon possession if they establish by clear and convincing evidence that the object was not possessed as a weapon, was not knowingly possessed, they did not know it was a dangerous weapon, or it was possessed with school or police permission.

  • A rebuttable presumption against expulsion applies if the school board determines in writing that one of the exemption factors has been established and the pupil has no prior history of suspension or expulsion.

  • Expelled pupils may petition for reinstatement after specified periods: grade 5 and below (60 school days for firearm/threats, immediately for other offenses) and grade 6 and above (150 school days), with reinstatement decisions made by a committee of school board members, administrators, teachers, and parents.

  • School districts must refer expelled pupils to county social services or mental health agencies within 3 days and provide instructional services either through alternative programs, strict discipline academies, or home instruction funded within foundation allowance limits.

Legislative Description

Education; discipline; requirement for mandatory expulsion for certain criminal offenses; modify. Amends sec. 1311 of 1976 PA 451 (MCL 380.1311).

Education: other

Last Action

Assigned Pa 364'16 With Immediate Effect

12/28/2016

Committee Referrals

Education5/25/2016

Full Bill Text

No bill text available