SB 952

SENATE BILL NO. 952
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 1310d, 1311, 1526, 1527, 1531, and
1711 (MCL 380.1310d, 380.1311, 380.1526, 380.1527, 380.1531, and 380.1711),
section 1310d as added by 2016 PA 360, section 1311 as amended by 2018 PA 145,
sections 1526 and 1531 as amended by 2023 PA 110, section 1527 as amended by
2014 PA 484, and section 1711 as amended by 2016 PA 532, and by adding sections
1531k, 1537, 1712, and 1810.
the people of the state of michigan enact:
Sec. 1310d. (1) Before suspending or
expelling a pupil under section 1310, 1311(1), 1311(2), or 1311a, the board of
a school district or intermediate school district or board of directors of a
public school academy, or a superintendent, school principal, or other designee
under section 1311(1), shall consider each of the following factors:
(a) The pupil's
age.
(b) The pupil's
disciplinary history.
(c) Whether the
pupil is a student with a disability.
(d) The seriousness
of the violation or behavior committed by the pupil.
(e) Whether the
violation or behavior committed by the pupil threatened the safety of any pupil
or staff member.
(f) Whether
restorative practices will be used to address the violation or behavior
committed by the pupil.
(g) Whether a
lesser intervention would properly address the violation or behavior committed
by the pupil.
(2) Except as
provided in subsection (3), this section applies to give the board of a school
district or intermediate school district or board of directors of a public
school academy, or its designee, discretion over whether or not to suspend or expel a pupil under section
1310, 1311(1), 1311(2), or 1311a. In exercising this discretion with regard to
a suspension of more than 10 days or an expulsion, there is a rebuttable
presumption that a suspension or expulsion is not justified unless the board or
board of directors, or its designee, can demonstrate that it considered each of
the factors listed under subsection (1). For a suspension of 10 or fewer days,
there is no rebuttable presumption, but the board or board of directors, or its
designee, shall consider each of the factors listed under subsection (1).
(3) This section
does not apply to a pupil being expelled under section 1311(2) for possessing a
firearm in a weapon free weapon-free school zone. If
a student with a disability possesses a firearm in a weapon-free school zone,
the board of the pupil's school district or intermediate school district or
board of directors of the pupil's public school academy, or a superintendent,
school principal, or other designee under section 1311(1), shall investigate
whether the possession of the firearm was a manifestation of the student's
disability and
whether any policy changes could prevent reoccurrence in the future.
(4) Except as
provided in subsection (3), consideration of the factors listed in subsection
(1) is mandatory before suspending or expelling a student under section 1310,
1311(1), 1311(2), or 1311a. The method used for consideration of the factors is
at the sole discretion of the board of a school district or intermediate school
district or board of directors of a public school academy, or its designee.
(5) Subject to subsection (6), before expulsion of a student with a
disability or suspension of a student with a disability for more than 10 days, the
board of a school district or intermediate school district or board of
directors of a public school academy, or a superintendent, school principal, or
other designee under section 1311(1), must first ensure all of the following:
(a) That a functional behavioral assessment and behavior intervention
plan has been completed to identify the cause of behaviors
that impede the student's learning or the learning of others, including
behaviors related to the student's disability.
(b) That a behavior intervention plan based on the functional behavioral
assessment under subdivision (a) has been developed, implemented, and
documented. The behavior intervention plan must include positive behavioral
supports, accommodations, and evidence-based interventions designed to address
the student's disability-related needs, consistent with the individuals with disabilities
education act, public law 108-446, this act, the Michigan administrative rules
for special education, R 340.1701 to 340.1862, and section 504 of title V of
the rehabilitation act of 1973, 29 USC 794.
(c) That the school board or board of directors, or the school board's or
board of director's designee has obtained, reviewed, and written guidance from
legal counsel or a compliance officer knowledgeable in the individuals with
disabilities education act, public law 108-446, this act, the Michigan
administrative rules for special education, R 340.1701 to 340.1862, section 504
of title V of the rehabilitation act of 1973, 29 USC 794, and title II of the
Americans with disabilities act of 1990, Public Law 101-336, confirming that
the proposed suspension or expulsion does not violate a student's legal rights.
Documentation of this review must be retained in the student's record.
(d) That the school board or the school board's designee has demonstrated
that the suspension or expulsion is not a disciplinary action based solely on
behaviors caused by the student's disability and that all reasonable
interventions, supports, and modifications were attempted or considered.
(e) That the student's parents or legal guardians are notified and
involved in the functional behavioral assessment under subdivision (a) and the behavior
intervention plan under subdivision (b) and provided with meaningful
opportunities to participate in planning and decision making regarding
discipline.
(6) A student with a disability may remain expelled or suspended while
the determination under subsection (5) takes place if the board of the student's
school district or intermediate school district or board of directors of the
student's public school academy believes that the student's presence presents a
threat to the health and safety of students and school personnel.
(7) The board of a school district or intermediate school district or
board of directors of a public school academy shall annually provide the
department with a report containing all suspensions and expulsions of students
with disabilities.
(8) (5) As
used in this section:
(a)
"Expel" means to exclude a pupil from school for disciplinary reasons
for a period of 60 or more school days.
(b)
"Firearm" means that term as defined in section 1311.
(c)
"Suspend" means to exclude a pupil from school for disciplinary
reasons for a period of fewer than 60 school days.
(d) "Weapon free "Weapon-free
school zone" means that term as defined in section 1311.
Sec. 1311. (1) Subject to subsection (2),
the school board, or the school district superintendent, a school building
principal, or another school district official if designated by the school
board, may authorize or order the suspension or expulsion from school of a
pupil who commits criminal sexual conduct against another pupil enrolled in the
same school district or a pupil guilty of gross misdemeanor or persistent
disobedience if, in the judgment of the school board or its designee, as
applicable, the interest of the school is served by the authorization or order.
If there is reasonable cause to believe that the pupil is a student with a
disability, and the school district has not evaluated the pupil in accordance
with section 1711 and the rules of the
superintendent of public instruction to determine if the pupil is a student
with a disability, the pupil shall must be evaluated immediately by the intermediate
school district of which the school district is constituent in accordance with
section 1711.
(2) Subject to
subsection (3) and section 1310d, if a pupil possesses in a weapon free weapon-free school
zone a weapon that constitutes a dangerous weapon, commits arson in a school
building or on school grounds, commits criminal sexual conduct in a school
building or on school grounds, or pleads to, is convicted of, or is adjudicated
for criminal sexual conduct against another pupil enrolled in the same school
district, the school board, or the designee of the school board as described in
subsection (1) on behalf of the school board, shall expel the pupil from the
school district permanently, subject to possible reinstatement under subsection
(6). However, a school board is not required to expel a pupil for possessing a
weapon if the pupil establishes in a clear and convincing manner at least 1 of
the following:
(a) The object or
instrument possessed by the pupil was not possessed by the pupil for use as a
weapon, or for direct or indirect delivery to another individual for use as a
weapon.
(b) The weapon was
not knowingly possessed by the pupil.
(c) The pupil did
not know or have reason to know that the object or instrument possessed by the
pupil constituted a dangerous weapon.
(d) The weapon was
possessed by the pupil at the suggestion, request, or direction of, or with the
express permission of, school or police authorities.
(3) There is a
rebuttable presumption that expulsion under subsection (2) for possession of a
weapon is not justified if both of the following are met:
(a) The school
board or its designee determines in writing that at least 1 of the factors
listed in subsection (2)(a) to (d) has been established in a clear and
convincing manner.
(b) The pupil has
no history of suspension or expulsion.
(4) If an
individual is expelled under subsection (2), the expelling school district
shall enter on the individual's permanent record that he or she the individual has
been expelled under subsection (2). Except if a school district operates or
participates cooperatively in an alternative education program appropriate for
individuals expelled under subsection (2) and in its discretion admits the
individual to that program, and except for a strict discipline academy
established under sections 1311b to 1311m or a cyber school as defined in
section 551, an individual expelled under subsection (2) is expelled from all
public schools in this state and the officials of a school district shall not
allow the individual to enroll in the school district unless the individual has
been reinstated under subsection (6). Except as otherwise provided by law, a
program operated for individuals expelled under subsection (2) shall must ensure
that those individuals are physically separated at all times during the school
day from the general pupil population. If an individual expelled from a school
district under subsection (2) is not placed in an alternative education
program, strict discipline academy, or cyber school, the school district may
provide, or may arrange for the intermediate school district to provide,
appropriate instructional services to the individual at home. The type of
services provided shall must meet the requirements of section 6(4)(u) of the
state school aid act of 1979, MCL 388.1606, and the services may be contracted
for in the same manner as services for homebound pupils under section 109 of
the state school aid act of 1979, MCL 388.1709. This subsection does not
require a school district to expend more money for providing services for a
pupil expelled under subsection (2) than the amount of the foundation allowance
the school district receives for the pupil as calculated under section 20 of
the state school aid act of 1979, MCL 388.1620.
(5) If a school
board expels an individual under subsection (2), the school board shall ensure
that, within 3 days after the expulsion, an official of the school district
refers the individual to the appropriate county department of social services
or county community mental health agency and notifies the individual's parent
or legal guardian or, if the individual is at least age 18 or is an emancipated
minor, notifies the individual of the referral.
(6) The parent or
legal guardian of an individual expelled under subsection (2) or, if the
individual is at least age 18 or is an emancipated minor, the individual may
petition the expelling school board for reinstatement of the individual to
public education in the school district. If the expelling school board denies a
petition for reinstatement, the parent or legal guardian or, if the individual
is at least age 18 or is an emancipated minor, the individual may petition
another school board for reinstatement of the individual in that other school
district. All of the following apply to reinstatement under this subsection:
(a) For an
individual who was enrolled in grade 5 or below at the time of the expulsion
and who has been expelled for possessing a firearm or threatening another
person with a dangerous weapon, the parent or legal guardian or, if the
individual is at least age 18 or is an emancipated minor, the individual may
initiate a petition for reinstatement at any time after the expiration of 60
school days after the date of expulsion. For an individual who was enrolled in
grade 5 or below at the time of the expulsion and who has been expelled under
subsection (2) for a reason other than possessing a firearm or threatening
another person with a dangerous weapon, the parent or legal guardian or, if the
individual is at least age 18 or is an emancipated minor, the individual may
initiate a petition for reinstatement at any time. For an individual who was in
grade 6 or above at the time of expulsion, the parent or legal guardian or, if
the individual is at least age 18 or is an emancipated minor, the individual
may initiate a petition for reinstatement at any time after the expiration of
150 school days after the date of expulsion.
(b) An individual
who was in grade 5 or below at the time of the expulsion and who has been
expelled for possessing a firearm or threatening another person individual with
a dangerous weapon shall must not be reinstated before the expiration of 90
school days after the date of expulsion. An individual who was in grade 5 or
below at the time of the expulsion and who has been expelled under subsection
(2) for a reason other than possessing a firearm or threatening another person individual with
a dangerous weapon shall must not be reinstated before the expiration of 10
school days after the date of the expulsion. An individual who was in grade 6
or above at the time of the expulsion shall must not be reinstated before the expiration of 180
school days after the date of expulsion.
(c) It is the
responsibility of the parent or legal guardian or, if the individual is at
least age 18 or is an emancipated minor, of the individual to prepare and
submit the petition. A school board is not required to provide any assistance
in preparing the petition. Upon request by a parent or legal guardian or, if
the individual is at least age 18 or is an emancipated minor, by the
individual, a school board shall make available a form for a petition.
(d) Not later than
10 school days after receiving a petition for reinstatement under this
subsection, a school board shall appoint a committee to review the petition and
any supporting information submitted by the parent or legal guardian or, if the
individual is at least age 18 or is an emancipated minor, by the individual.
The committee shall must consist of 2 school board members, 1 school
administrator, 1 teacher, and 1 parent of a pupil in the school district.
During this time the superintendent of the school district may prepare and
submit for consideration by the committee information concerning the
circumstances of the expulsion and any factors mitigating for or against
reinstatement.
(e) Not later than
10 school days after all members are appointed, the committee described in
subdivision (d) shall review the petition and any supporting information and
information provided by the school district and shall submit a recommendation
to the school board on the issue of reinstatement. The recommendation shall must be for
unconditional reinstatement, for conditional reinstatement, or against
reinstatement, and shall must be accompanied by an explanation of the reasons
for the recommendation and of any recommended conditions for reinstatement. The
recommendation shall must be based on consideration of all of the
following factors:
(i) The extent to which reinstatement of the
individual would create a risk of harm to pupils or school personnel.
(ii) The extent to which reinstatement of the
individual would create a risk of school district liability or individual
liability for the school board or school district personnel.
(iii) The age and maturity of the individual.
(iv) The individual's school record before
the incident that caused the expulsion.
(v) The individual's attitude concerning the
incident that caused the expulsion.
(vi) The individual's behavior since the
expulsion and the prospects for remediation of the individual.
(vii) If the petition was filed by a parent or
legal guardian, the degree of cooperation and support that has been provided by
the parent or legal guardian and that can be expected if the individual is
reinstated, including, but not limited to, receptiveness toward possible
conditions placed on the reinstatement.
(f) Not later than
the next regularly scheduled board meeting after receiving the recommendation
of the committee under subdivision (e), a school board shall make a decision to
unconditionally reinstate the individual, conditionally reinstate the individual,
or deny reinstatement of the individual. The decision of the school board is
final.
(g) A school board
may require an individual and, if the petition was filed by a parent or legal
guardian, his or her the individual's parent or legal guardian to agree in
writing to specific conditions before reinstating the individual in a
conditional reinstatement. The conditions may include, but are not limited to,
agreement to a behavior contract, which may involve the individual, parent or
legal guardian, and an outside agency; participation in or completion of an
anger management program or other appropriate counseling; periodic progress
reviews; and specified immediate consequences for failure to abide by a
condition. A parent or legal guardian or, if the individual is at least age 18
or is an emancipated minor, the individual may include proposed conditions in a
petition for reinstatement submitted under this subsection.
(7) A school board
or school administrator that complies with subsection (2) is not liable for
damages for expelling a pupil under subsection (2), and the authorizing body of
a public school academy is not liable for damages for expulsion of a pupil by the
public school academy under subsection (2).
(8) The department
shall develop and distribute to all school districts a form for a petition for
reinstatement to be used under subsection (6).
(9) This section
does not diminish any rights under federal law of a pupil who has been
determined to be eligible for special education programs and services.
(10) If a pupil
expelled from a public school district under subsection (2) is enrolled by a
public school district sponsored alternative education program or a public
school academy during the period of expulsion, the public school academy or
alternative education program shall immediately
become becomes eligible
for the prorated share of either the public school academy or operating school
district's foundation allowance or the expelling school district's foundation
allowance, whichever is higher.
(11) If an
individual is expelled under subsection (2), it is the responsibility of that
individual and of his or her the individual's parent or legal guardian to locate a
suitable alternative educational program and to enroll the individual in such a
program during the expulsion. The office of safe schools in the department
shall compile information on and catalog existing alternative education
programs or schools and nonpublic schools that may be open to enrollment of
individuals expelled under subsection (2) and under section 1311a, and shall
periodically distribute this information to school districts for distribution
to expelled individuals. A school board that establishes an alternative
education program or school described in this subsection shall notify the
office of safe schools about the program or school and the types of pupils it
serves. The office of safe schools also shall work with and provide technical
assistance to school districts, authorizing bodies for public school academies,
and other interested parties in developing these types of alternative education
programs or schools in geographic areas that are not being served.
(12) As used in
this section:
(a)
"Arson" means a felony violation of chapter X of the Michigan penal
code, 1931 PA 328, MCL 750.71 to 750.79.
(b) "Criminal
sexual conduct" means a violation of section 520b, 520c, 520d, 520e, or
520g of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c, 750.520d,
750.520e, and 750.520g.
(c) "Dangerous
weapon" means that term as defined in section 1313.
(d)
"Firearm" means that term as defined in section 921 of title 18 of
the United States Code, 18 USC 921.
(e) "School
board" means a school board, intermediate school board, or the board of
directors of a public school academy.
(f) "School
district" means a school district, intermediate school district, or public
school academy.
(g) "Weapon free "Weapon-free
school zone" means that term as defined in section 237a of the
Michigan penal code, 1931 PA 328, MCL 750.237a.
Sec. 1526. (1) For the first 3 years of his or her a teacher's employment
in classroom teaching, a the teacher must be assigned by the school in which he or she teaches to 1 or
more master teachers, or college professors or retired master teachers, who
shall act as a mentor or mentors to the teacher. During the 3-year period, the
teacher must also receive intensive professional development induction into
teaching, based on a professional development plan that is consistent with the
requirements of section 3a of article II of 1937 (Ex Sess) PA 4, MCL 38.83a,
including classroom management and instructional delivery. Subject to
subsection (2), during the 3-year period, the intensive professional
development induction into teaching must consist of at least 15 days of
professional development, the experiencing of effective practices in
university-linked professional development schools, and regional seminars
conducted by master teachers and other mentors.
(2) Except as
otherwise provided in this subsection, for teachers employed in classroom
teaching on or after August 1, 2023, except for individuals who have physical
limitations that make it impracticable for the individual to complete the
course and instruction and obtain the required certification under this
subsection, the 15 days of professional development described in subsection (1)
must include a course approved by the department in first aid and
cardiopulmonary resuscitation that includes a test demonstration on a mannequin
and instruction in foreign body airway obstruction management that results in
valid certification in these topics issued by the American Red Cross, American
Heart Association, or a comparable organization or institution approved by the
department. The course, instruction, and certification required under this
subsection must be completed within the first year of the 3-year period
described in subsection (1). This subsection does not apply to an individual
who has successfully completed a course and instruction and holds the valid
certification as described in this subsection.
(3) An individual
who has completed the course and instruction and obtained the certification
described in subsection (2) and who performs first aid, cardiopulmonary
resuscitation, or foreign body airway obstruction management on another
individual in the course of his or her the individual's employment as a teacher is not
liable in a civil action for damages resulting from an act or omission
occurring in that performance except for an act or omission constituting gross
negligence or willful or wanton misconduct.
(4) Not less than 25% of the 15 days of professional development
described in subsection (1) must be devoted to competencies in special
education, including, but not limited to, the following:
(a) Federal and state special education law, including at least the
following:
(i) The individuals
with disabilities education act, public law 108-446.
(ii) The Americans
with disabilities act of 1990, public law 101-336.
(iii) Section 504 of
title V of the rehabilitation act of 1973, 29 USC 794.
(b) Instructional strategies for inclusive classrooms.
(c) Identification and support of students with disabilities.
(d) Collaboration with special education staff and individualized
education program teams.
Sec. 1527. (1) The board of each a school
district , or intermediate school district , or board of directors of a public school academy shall
provide at least not
less than 5 days of teacher professional development each school year.
(2) A
state-approved nonpublic school may provide teacher professional development
for nonpublic school teachers. The department shall credit this professional
development toward the issuance or renewal of a teaching certificate or
endorsement to the same extent as professional development provided by a public
school is credited for its teachers for those purposes if the department
determines that all of the following are met:
(a) The
professional development provides substantially the same program content as
professional development provided by a public school that is credited by the
department toward the issuance or renewal of a teaching certificate or
endorsement.
(b) The nonpublic
school submits to the same auditing and documentation requirements for
professional development as a public school.
(3) Professional
development days provided under this section shall are not be counted
toward the professional development required under section 1526.
(4) Not less than 25% of the professional development hours required
under subsection (1) must be devoted to competencies in special education,
including, but not limited to, the following:
(a) Federal and state special education law, including at least the
following:
(i) The individuals
with disabilities education act, public law 108-446.
(ii) The Americans
with disabilities act of 1990, public law 101-336.
(iii) Section 504 of
title V of the rehabilitation act of 1973, 29 USC 794.
(b) Instructional strategies for inclusive classrooms.
(c) Identification and support of students with disabilities.
(d) Collaboration with special education staff and individualized
education program teams.
Sec. 1531. (1) Except as otherwise
provided in this act, the superintendent of public instruction shall determine
the requirements for and issue all licenses, certificates, and endorsements for
teachers, including preprimary teachers and teachers as counselors, in the
public schools of this state.
(2) Except as
otherwise provided in this act, the superintendent of public instruction shall
only issue a teaching certificate or additional endorsement to an individual
who has passed appropriate available examinations.
The superintendent
of public instruction may accept passage of an equivalent examination approved
by the superintendent of public instruction to meet this requirement for an
individual holding a teaching certificate from another state, country, or
federally recognized Indian tribe.
(3) Except as
otherwise provided in this act, the superintendent of public instruction shall
only issue a teaching certificate to an individual who has met the elementary
or secondary, as applicable, reading credit requirements established under
superintendent of public instruction rule. If an individual holds a teaching
certificate, notwithstanding any rule to the contrary, the superintendent of
public instruction shall not advance the individual's certification to
professional certification unless the individual has successfully completed at
least a 3-credit course of study with appropriate field experiences in the
diagnosis and remediation of reading disabilities and differentiated
instruction. To meet this requirement, the course of study should include the
following elements, as determined by the department to be appropriate for the
individual's certification level and endorsements: interest inventories,
English language learning screening, visual and auditory discrimination tools,
language expression and processing screening, phonemics, phonics, vocabulary,
fluency, comprehension, spelling and writing assessment tools, and
instructional strategies. An individual may complete the course of study as
part of his or her the
individual's teacher preparation program.
(4) Any revisions
to existing reading standards must include the recognition of reading disorders
and enable teachers to make referrals for instruction and support for pupils
with reading disorders.
(5) Subject to
subsection (8), if an individual holding a teaching certificate from another
state, country, or federally recognized Indian tribe applies to the
superintendent of public instruction for a Michigan teaching certificate and
meets the requirements of this subsection, the superintendent of public
instruction shall issue to the individual a Michigan teaching certificate and
endorsements comparable to those the individual holds in the other state or
country or with the federally recognized Indian tribe without requiring the
individual to pass the appropriate examinations otherwise required under
subsection (2) or to complete the reading credit requirement established under
superintendent of public instruction rule as described in subsection (3). To be
eligible to receive a Michigan teaching certificate under this subsection, an
individual shall provide evidence satisfactory to the department that he or she
has taught successfully for at least 3 years in a position for which the
individual's teaching certification from the other state, country, or federally
recognized Indian tribe was valid.
(6) Subject to
subsection (8), an individual holding a teaching certificate from another
state, country, or federally recognized Indian tribe is eligible for a Michigan
professional education certificate if the individual meets both of the
following:
(a) The individual
has taught successfully for at least 3 years in a position for which the
individual's teaching certification from the other state, country, or federally
recognized Indian tribe was valid.
(b) The individual
meets the elementary or secondary, as applicable, reading credit requirement
established under superintendent of public instruction rule as described in
subsection (3).
(7) Subject to
subsection (8), if an individual holding a teaching certificate from another
state, country, or federally recognized Indian tribe applies to the
superintendent of public instruction for an additional endorsement on a valid
Michigan teaching certificate and meets the requirements of this subsection,
the superintendent of public instruction shall issue the individual an
endorsement comparable to that which the individual holds in the other state or
country or with the federally recognized Indian tribe without requiring that
the individual pass the appropriate available examinations otherwise required
under subsection (2). To be eligible to receive an additional endorsement under
this subsection, an individual shall provide evidence satisfactory to the
department that he or she has taught successfully for at least 3 years in a
position for which the individual's teaching endorsement from the other state,
country, or federally recognized Indian tribe is valid.
(8) The
superintendent of public instruction shall deny a Michigan teaching certificate
or endorsement to an individual described in subsection (5), (6), or (7) for
fraud, material misrepresentation, or concealment in the individual's
application for a certificate or for a conviction for which an individual's
teaching certificate may be suspended or revoked under section 1535a.
(9) For the
purposes of this section, the superintendent of public instruction, based upon
criteria recommended by a committee of teachers, representatives of approved
teacher education institutions, Michigan education organizations and
associations, and experts in measurement and assessment, shall develop, select,
or develop and select 1 or more subject area examinations. In addition, the
superintendent of public instruction, based upon criteria recommended by the
committee described in this subsection, shall approve a reading subtest to be
taken and passed by individuals seeking pre-K to grade 3 or grade 3 to grade
6-level endorsement. If the department develops for use under this subsection
an examination that had previously been contracted for using a competitive bid
process, then the department shall not expend on the development of that
examination an amount that exceeds the amount that the department expended on
procurement of the most recent competitively-bid version of that examination.
The competitive bid process must address validity, reliability, and other
technical standards of the examinations and of the appropriate administration
and use of those examinations.
(10) Not later than
November 30 of each year, the superintendent of public instruction shall submit
in writing a report on the development or selection and use of the subject area
examinations to the house and senate education committees. The report must also
contain a financial statement regarding revenue received from the assessment of
fees levied under subsection (12) and the amount of and any purposes for which
that revenue was expended.
(11) The
examinations required by this section may be taken at different times during an
approved teacher preparation program, but the examinations, as applicable, must
be passed before an individual is recommended for certification.
(12) The
department, or if approved by the superintendent of public instruction, a
private testing service, may assess fees for taking the appropriate available
examinations described in subsection (2). The fees, which must be set by the
superintendent of public instruction, must not exceed the actual cost of the
examination and of administering the examination. Fees received by the
department must be expended solely for administrative expenses that it incurs
in implementing this section. If the superintendent of public instruction
increases a fee charged for an examination under this subsection, at least 1
year before implementing the fee increase, the department shall notify each
approved teacher education institution of the amount of the fee increase. An
approved teacher education institution shall notify each of its affected
students of the timing and amount of such a fee increase.
(13) If an
individual holding a teaching certificate from another state, country, or
federally recognized Indian tribe applies for a Michigan teaching certificate
and meets all requirements for the Michigan teaching certificate except passage
of the appropriate available examinations under subsection (2) or the reading
credit requirement under subsection (3), the superintendent of public
instruction shall issue a nonrenewable temporary teaching certificate, good for
1 year, to the individual. The superintendent of public instruction shall not
issue a Michigan teaching certificate to the individual after expiration of the
temporary teaching certificate unless the individual has met the requirements
of this section.
(14) As used in
this section:
(a)
"Additional endorsement" means an endorsement added to a Michigan
teaching certificate after initial issuance of the certificate.
(b) "An
individual holding a teaching certificate from another state, country, or
federally recognized Indian tribe" means an individual with a valid
teaching certificate or an individual who is eligible for a teaching
certificate in the state or country or with the federally recognized Indian
tribe in which or with which the individual is certificated or eligible for
certification.
(c) "Subject
area examination" means an examination related to an endorsement area for
the purpose of demonstrating the applicant's knowledge and understanding of the
subject matter and determining whether or not an applicant is eligible for a Michigan
teaching certificate or endorsement.
(15) The
superintendent of public instruction shall promulgate rules for the
implementation of this section.
(16) Rules promulgated under subsection (15) must require that an
individual seeking renewal of the individual's teaching certificate complete
not less than 30 hours of continuing education on special education. Professional
development received under section 1526 or 1527 may be used for completion of
the continuing education requirement under this subsection.
(17) (16) Not later than January 1, 2019, the The superintendent of public instruction, in
consultation with the department of labor and economic opportunity and groups
or individuals representing employers, economic development agencies, trade
unions, secondary school principals, middle and elementary school principals,
teachers, school district and intermediate school district superintendents, and
others as determined appropriate by the department, shall promulgate rules to
allow an individual to use time spent engaging with local employers or
technical centers toward the renewal of a teaching certificate in the same
manner as state continuing education or professional development.
Sec. 1531k. In
addition to the requirements under sections 1538a and 1531i, as applicable, the
department shall not approve a teacher preparation program or an alternative
teaching program, and shall revoke the approval of a teacher preparation
program or an alternative teaching program, unless the teacher preparation
program or alternative teaching program offers instruction regarding all of the
following:
(a) The obligation of public school personnel to identify, locate, and
evaluate all children suspected of having a disability under the individuals
with disabilities education act, public law 108-446.
(b) Behavioral interventions for pupils with disabilities.
(c) Developing, implementing, and evaluating individualized education
programs.
(d) Requirements imposed by section 504 of title V of the rehabilitation
act of 1973, 29 USC 794.
Sec. 1537. The
state board shall not reissue or renew a school administrator's certificate
described in section 1536 unless the individual seeking the certificate has,
within the last 3 years, completed a scenario-based competency assessment
determined by the department that covers the legal requirements of the
individuals with disabilities education act, public law 108-446, and section
504 of title V of the rehabilitation act of 1973, 29 USC 794.
Sec. 1711. (1) The intermediate school
board shall do all of the following:
(a) Develop,
establish, and continually evaluate and modify in cooperation with its
constituent districts, a plan for special education that provides for the
delivery of special education programs and services designed to meet the
individual needs of each student with a disability of whom the intermediate
school board is required to maintain a record under subdivision (f). The plan shall must coordinate
the special education programs and services operated or contracted for by the
constituent districts and shall must be submitted to the superintendent of public
instruction for approval.
(b) Contract for
the delivery of a special education program or service, in accordance with the
intermediate school district plan in compliance with section 1701. Under the
contract the intermediate school board may operate special education programs
or services and furnish transportation services and room and board.
(c) Employ or
engage special education personnel in accordance with the intermediate school
district plan, and appoint a director of special education meeting the
qualifications and requirements of the rules promulgated by the superintendent
of public instruction.
(d) Accept and use
available funds or contributions from governmental or private sources for the
purpose of providing special education programs and services consistent with
this article.
(e) Lease,
purchase, or otherwise acquire vehicles, sites, buildings, or portions thereof,
and equip them for its special education staff, programs, and services.
(f) Maintain a
record of each student with a disability under 26 years of age, who is a
resident of 1 of its constituent districts and who has not graduated from high
school, and the special education programs or services in which the student
with a disability is participating on the fourth Friday after Labor Day and
Friday before Memorial Day. The sole basis for determining the local school
district in which a student with a disability is a resident shall must be the
rules promulgated by the superintendent of public instruction notwithstanding
the provisions of section 1148. The records shall must be maintained in accordance with rules
promulgated by the superintendent of public instruction.
(g) Have the
authority to place in appropriate special education programs or services a
student with a disability for whom a constituent district is required to
provide special education programs or services under section 1751.
(h) Investigate
special education programs and services operated or contracted for by the
intermediate school board or constituent district boards and report in writing
failures to comply with the provisions of a contract, statute, or rule
governing the special education programs and services or with the intermediate
school district plan, to the local school district board and to the
superintendent of public instruction.
(i) Operate the
special education programs or services or contract for the delivery of special
education programs or services by local school district boards, in accordance
with section 1702, as if a local school district under section 1751. The
contract shall must
provide for items stated in section 1751 and shall must be
approved by the superintendent of public instruction. The intermediate school
board shall contract for the transportation, or room and board, or both, or
persons participating in the program or service as if a local school district
board under sections 1756 and 1757.
(j) Receive the
report of a parent or guardian or, with the consent of a parent or legal guardian, receive the report of a licensed
physician, registered nurse, social worker, or school or other appropriate
professional personnel whose training and relationship to students with a
disability provide competence to judge them and who in good faith believes that
a person an
individual under 26 years of age examined by the professional is or may
be a student with a disability, and immediately evaluate
the person individual
pursuant to rules promulgated by the
superintendent of public instruction. the
individuals with disabilities education act, Public Law 108-446, and the
Michigan administrative rules for special education, R 340.1701 to 340.1862 of
the Michigan Administrative Code. A person making or filing this report a report
described in this subdivision, or a local school district board, shall does not incur liability to a person by reason of
filing the report or seeking the evaluation, unless lack of good faith is
proven.
(k) Evaluate pupils
in accordance with section 1311.
(2) If the intermediate school board determines that an individual is
not a student with a disability after an evaluation described in subsection
(1)(j), the intermediate school board shall provide the parent or legal
guardian of the individual with a written justification for the determination
citing specific criteria. The written justification provided under this
subsection must conform to the notice requirements of 34 CFR 300.503, and must
provide the parent or legal guardian of the individual with information on
appeal rights and the process for requesting independent evaluations under the
individuals with disabilities education act, public law 108-446.
(3) (2) The
intermediate school board may expend up to 10% of the annual budget but not to
exceed $12,500.00, for special education programs approved by the intermediate
school board without having to secure the approval of the superintendent of
public instruction.
Sec. 1712. (1) The
board of a school district or board of directors of a public school academy
shall submit an annual report to the department that contains the following
information:
(a) The percentage of students enrolled in the school district or public
school academy who are students with disabilities.
(b) The number of students with disabilities that were suspended or
expelled by the school district or public school academy.
(c) The graduation and dropout rates of the school district or public
school academy.
(d) Eligibility determinations for students with autism spectrum
disorder, specific learning disabilities, or dyslexia.
(2) The annual report described in subsection (1) must be made publicly
available on the school district's or public school academy's website.
(3) The department shall establish a publicly available dashboard on the
department's website that displays the following information for the previous
school year:
(a) The number of complaints that each school district or public school
academy has received pertaining to civil rights violations by the school
district or public school academy that are currently being investigated by the
United States Office for Civil Rights.
(b) The number of complaints that each school district or public school
academy has received pertaining to the district's operation of special
education programs, including complaints submitted through the procedure
established by the department under section 1810.
(c) The suspension and expulsion rates of each school district or public
school academy for students with disabilities.
(d) Graduation and dropout rates of each school district or public
school academy.
Sec. 1810. (1)
The department shall establish a complaint procedure that violations of state
and federal special education law by a school district, intermediate school
district, or public school academy can be reported to, and investigated by, the
department.
(2) Not later than 5 business days following receipt of a complaint
under subsection (1), the department shall transmit a copy of the complaint to
the school district, intermediate school district, or public school academy
alleged to have violated state or federal special education law.
(3) The department shall not require or promulgate any rule that has the
effect of requiring an individual to disclose the individual's identity or any
identifying information when submitting a complaint under subsection (1). The
complaint procedure under subsection (1) must not require an individual to
provide separate notice of the complaint to the school district, intermediate
school district, or public school academy alleged to have violated state or
federal special education law.
(4) If, after investigating a complaint submitted under this section,
the department determines that a district representative has violated state or
federal special education law, the department shall implement disciplinary
action as follows:
(a) For the first violation, the district representative must undergo
retraining on the district representative's obligations under state and federal
special education law.
(b) For the second violation, the district representative must be placed
on a probation period and placed under close monitoring by the school district,
intermediate school district, or public school academy that employs the
district representative to ensure no further violations of state or federal
education law.
(c) For the third violation, the district representative must be
terminated from employment and, if applicable, the district representative's
teaching certificate or school administrator's certificate must be revoked.
(5) As used in this section:
(a) "District representative" means an individual designated
by a school district, intermediate school district, or public school academy to
act on its behalf in matters related to special education who meets the
qualifications of a representative of the public agency under 30 CFR 300.321. A
district representative must be qualified to provide, or supervise the
provision of, specially designed instruction, be knowledgeable about the
general education curriculum, and be knowledgeable about the availability of
district resources. District representative includes a principal, assistant principal,
district level official responsible for school operations, or any individual
authorized to sign, finalize, or supervise documents required under state or
federal special education law, including school administrators, teachers,
teacher consultants, or other designees acting in that capacity.
(b) School administrator's certificate means a school administrator's
certificate issued under section 1536.
(c) "Teaching certificate" means a teaching certificate issued
under section 1531.
Enacting section 1. This amendatory act takes effect 18
months after the date it is enacted into law.