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MI HB5531

Bill

Status

Passed

5/10/2018

Primary Sponsor

Lana Theis

Click for details

Origin

House of Representatives

99th Legislature

AI Summary

  • School boards must expel students permanently for possessing dangerous weapons in weapon-free school zones, committing arson on school grounds, or committing criminal sexual conduct, subject to possible reinstatement under specified conditions.

  • Students in grade 5 or below expelled for firearm possession or threatening with a dangerous weapon may petition for reinstatement after 60 school days; students in grade 6 or above may petition after 150 school days, with minimum reinstatement periods of 90 and 180 school days respectively.

  • School boards may deny expulsion for weapon possession if the student establishes by clear and convincing evidence that the object was not possessed as a weapon, was not knowingly possessed, the student did not know it was dangerous, or it was possessed with school or police permission.

  • A rebuttable presumption exists against expulsion for weapon possession if the school board determines one of the listed factors applies and the student has no prior history of suspension or expulsion.

  • Expelled students must be referred to county social services or mental health agencies within 3 days, and school districts must provide alternative educational services, with reinstatement decisions made by a committee including school board members, administrators, teachers, and parents.

Legislative Description

Education; discipline; provision related to suspension or expulsion of a student; modify. Amends sec. 1311 of 1976 PA 451 (MCL 380.1311).

Crimes: criminal sexual conduct

Last Action

Assigned Pa 145'18 With Immediate Effect

5/10/2018

Committee Referrals

Judiciary3/13/2018
Law And Justice2/7/2018

Full Bill Text

No bill text available