MI HB4125

School boards cannot expel or suspend for more than 10 school days a pupil for actions immediately preceding, immediately following, or reasonably tied to an incident where the pupil reports being sexually assaulted or school officials witness or report sexual assault on the pupil.

The restriction does not apply if the pupil is convicted or pleads guilty to aggravated assault, felonious assault, assault with intent to commit murder, assault with intent for great bodily harm, assault with intent to maim, attempted murder, homicide, manslaughter, or criminal sexual assault.

The restriction does not apply if the pupil commits acts described in section 1311(2), if a Title IX investigation determines by clear and convincing evidence the sexual assault report is conclusively false, or if the board determines expulsion or suspension exceeding 10 days is justified after considering the sexual assault report and relevant factors.

School boards are encouraged to follow recommendations from their Title IX coordinator when deciding whether to suspend such pupils.

Act takes effect 90 days after enactment, with immediate effect ordered; approved June 29, 2023, effective September 27, 2023.