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MI HB5531
Bill
Status
5/10/2018
Primary Sponsor
Lana Theis
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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