Michigan Compilation of School Discipline Laws and Regulations

1 Michigan Compilation of School Discipline Laws and Regulations Prepared: March 31, 2021 Introduction This Compilation presents School Discipline -related laws and Regulations for states, territories, and the District of Columbia, and, where available, links to education agency websites or resources related to School Discipline and student conduct. The Discipline laws and Regulations presented in this Compilation have been categorized by type of specific Discipline issue covered, according to an organizational framework developed by the National Center for Safe and Supportive Learning Environments (NCSSLE). For example, one major category encompasses all laws or Regulations governing states or territories that mandate specific disciplinary sanctions (such as suspension) for specific offenses (such as drug possession on School grounds). The School Discipline laws and Regulations were compiled through exhaustive searches of legislative websites that identified all laws and Regulations relevant to each specific category.

2 Compiled materials were subsequently reviewed by state education agency (SEA) representatives in the 50 states, Washington , and the territories. Discipline categories were not mutually exclusive. Laws and Regulations often appeared across multiple categories. For jurisdictions with more extensive laws covering a breadth of topical areas, relevant sections were excerpted from the larger legislative text for inclusion in the appropriate Discipline category. Laws, ordered by chapter and section number, appear first within each category followed by Regulations . All laws and Regulations listed within categories in the Compilation also appear in the sources cited section of the document, which lists laws by chapter and section number and title, and where available, includes active hyperlinks to source websites supported or maintained by state legislatures. Additional links to government websites or resources are provided at the end of this document.

3 Notes & Disclaimers To the best of the preparer s knowledge, this Compilation of School Discipline Laws and Regulations is complete and current as of March 2021. Readers should also note that the information in this document was compiled from individual sources that are created by each jurisdiction and which are maintained and updated with varying frequencies. Readers should consult the source information provided directly in order to check for updates to laws and Regulations reported in this document or to conduct further research. For further information, including definitions of the different policy categories, please refer to the Discipline Laws and Regulations Compendium posted on the Center s website. Prepared by: Child Trends 7315 Wisconsin Avenue Suite 1200W Bethesda, Maryland 20814 EMT Associates, Inc. 1631 Creekside Drive Suite 100 Folsom, California 95630 Table of Contents Michigan State Codes Cited .. 1 Codes of Conduct.

4 4 Authority to Develop and Establish Codes of Conduct .. 4 Scope .. 5 Communication of Policy .. 8 In- School Discipline .. 10 Discipline Frameworks .. 10 Teacher Authority to Remove Students From Classrooms .. 10 Alternatives to Suspension .. 10 Conditions on Use of Certain Forms of Discipline .. 13 corporal punishment .. 13 Search and Seizure .. 14 Restraint and Seclusion .. 15 Exclusionary Discipline : Suspension, Expulsion, and Alternative Placement .. 23 Grounds for Suspension or 23 Limitations or Conditions on Exclusionary Discipline .. 24 Due Process .. 27 Return to School Following Removal .. 29 Alternative Placements .. 33 Discipline Addressing Specific Code of Conduct Violations .. 37 Firearms and Other Weapons Violations .. 37 Students with Chronic Disciplinary Issues .. 38 Chronic Absenteeism and Truancy .. 38 Substance Use .. 39 Gang-related Activity .. 40 Bullying, Harassment, or Hazing .. 41 Dating and Relationship Violence.

5 45 Prevention, Behavioral Intervention, and Supports .. 46 State Model Policies and Implementation Support .. 46 Multi-tiered Frameworks and Systems of Support .. 47 Prevention .. 49 Social-emotional Learning (SEL) .. 50 Trauma-informed Practices .. 50 Mental Health Literacy Training .. 50 School -based Behavioral Health Programs .. 51 Monitoring and Accountability .. 55 Formal Incident Reporting of Conduct Violations .. 55 Parental Notification .. 59 Data Collection, Review, and Reporting of Discipline Policies and Actions .. 61 Partnerships between Schools and Law Enforcement .. 64 Referrals to Law Enforcement .. 64 School Resource Officer (SRO) or School Security Officer (SSO) Training or Certification .. 67 Authorizations, Memoranda of Understanding (MOUs), and/or 68 Threat Assessment Protocols .. 68 State-Sponsored, Publicly Available Websites or Other Resources on School Discipline .. 70 Michigan Compilation of School Discipline Laws and Regulations Page 1 Michigan State Codes Cited Michigan Revised Laws Michigan Compiled Laws Chapter 380.

6 The Revised School Code Article 1 Part 6. School Districts of the First Class School for confinement, Discipline , instruction, and maintenance of children Article 2 Part 16. Boards of Education; Powers and Duties Generally Law enforcement agency; creation School lockers; no presumption of privacy; search policy; assistance of law enforcement agency; model policy; admissibility of evidence Use of seclusion and restraint in public schools; uniform policy; objectives; right or remedy under state or federal law Use of seclusion and restraint in public schools; adoption and implementation of local policy; noncompliance as violation of act Statement of prohibited practices Emergency seclusion and emergency physical restraint; state policy; provisions Documentation and reporting of seclusion and restraint; state policy; provisions Development and implementation of emergency intervention plan; state policy; provisions Data collection; state policy; provisions Training; state policy.

7 Provisions Definitions Statewide School safety information policy Report to department of state police on certain crimes occurring at School ; exemption from freedom of information act; noncompliance Emergency operations plan; requirements; notice; exemption of certain information from freedom of information act; " School building" defined Conduct constituting suspension; action by teacher; report; supervision; conference; return by student; adoption of local policy by School board; definitions Physical assault at School against another pupil; suspension or expulsion; alternative education program; definitions Report Policy prohibiting bullying; adoption and implementation; public hearing; submission of policy to department; contents of policy; annual report of incidents of bullying; form and procedure; School employee, School volunteer, pupil, or parent or guardian reporting act of bullying to School official; modified policy; definitions; section to be known as "Matt Epling Safe School Law.

8 " Restorative practices as alternative or in addition to suspension or expulsion; definitions Suspension or expulsion of pupil; factors; exercise of discretion; rebuttable presumption; section inapplicable for possession of firearm in weapon free School zone; consideration of factors mandatory; definitions Michigan Compilation of School Discipline Laws and Regulations Page 2 Suspension or expulsion of pupil Physical assault by pupil against employee, volunteer, or contractor; expulsion; verbal assault or bomb threat; suspension or expulsion; alternative services; referral; reinstatement; immunity from liability; petition for reinstatement form; rights of pupils eligible for special education programs and services; eligibility of School for prorated share of foundation allowance; report of assaults; responsibility for enrollment in educational program; definitions Strict Discipline academy; location; tuition; admission policies or practices; enrollment; types of pupils; special education pupil; pupils committed to high-security or medium-security juvenile facility, mental health facility, or child caring institution; pupil ceasing to meet requirements under subsections (3) to (5); custody of or jurisdiction over child by department of corrections; residence requirements; grades " corporal punishment " defined; infliction of corporal punishment by employee, volunteer, or contractor; exercise of necessary reasonable physical force; liability; violation; deference given to reasonable good-faith judgments; development, implementation, and enforcement of code of student conduct; model list of alternatives to use of corporal punishment ; authority permitting corporal punishment void Dangerous weapon found in possession of pupil; report; confiscation by School official; determination of legal owner.

9 "dangerous weapon" defined Use of performance-enhancing substances in interscholastic athletics; eligibility policy; list of drugs to be provided by department of community health Part 24. Compulsory School Attendance Nonattendance at School ; notice; investigation; discussion of irregular attendance, failing work, or behavior problems with parent Chapter 388. Schools and School Aid Executive Reorganization Order Transfer of administrative powers and duties of state board of education to superintendent of public instruction by type II transfer; retention of statutory policy making powers and duties by state board of education Act 94 of 1979 Article I State Aid to Public Schools, Early Childhood, and Adult Education District assigned to partnership or a community engagement advisory committee to improve student achievement and district financial stability; eligibility for funding; approval of an academic and financial operating or intervention plan; allocation and use of funds; funds for data analytics tool; report Allocations to eligible districts and eligible public School academies; proficiencies; funding eligibility; early literacy and numeracy; multi-tiered system of supports; weighted foundation per-pupil payment for economically disadvantaged pupils.

10 School breakfast program; primary health care services; hearing and vision screenings; report; audit; implementation of schoolwide reform in schools with at-risk pupils; research-based professional development; instructional or behavioral coaches; prorated payments; dissolved district; anti-bullying or crisis intervention program; assignment of Pathways to Potential Success coaches; definitions Michigan Compilation of School Discipline Laws and Regulations Page 3 Licensed behavioral health providers for general education pupils; advisory council; application; services by child and adolescent health centers; services to nonpublic students School mental health and support services fund; creation; deposit of money; money remaining end of the year; expenditures Chapter 750. The Michigan Penal Code Chapter LX. Miscellaneous Hazing prohibited; violation; penalty; exceptions; certain defenses barred; definitions; section title Chapter 752.