Michigan
| Code | Subject Matter |
| Probate Code § 712A.28 | Jurisdiction, Procedure, And Dispositions Involving Minors: Case records; opening records; order in respect to payments by parent |
| Ed. Code § 380.1291 | Local school security task force |
| Court Rule 3.925 | Open Proceedings; Judgments and Orders; Records Confidentiality; Destruction of Court Files; Setting Aside Adjudications |
| School Code § 380.1135 | Powers and Duties of School Districts: Proof of identity and age; notice of noncompliance; investigation |
| School Code § 380.1308 | Powers and Duties of School Districts: Statewide school safety information policy |
| School Code § 380.1310a | Powers and Duties of School Districts: Report |
| School Code § 380.1311 | Powers and Duties of School Districts: Suspension or expulsion of pupils |
| School Code § 380.1311a | Powers and Duties of School Districts: Assault by pupil against employee; expulsion required; alternative services |
| Judicature Act § 600.2165 | Disclosure of students' records or communications by school teacher or employee |
CHAPTER 701-713 PROBATE CODE
PROBATE CODE OF 1939
CHAPTER XIIA. JURISDICTION, PROCEDURE, AND DISPOSITIONS INVOLVING MINORS
MCLS § 712A.28 (2009)
§ 712A.28. Case records; opening records; order in respect to payments by parent; copy; publicizing action taken against parents or adult; administration of court; reports; form; copies; definitions.
Sec. 28. (1) Before June 1, 1988, the court shall maintain
records of all cases brought before it and as provided in the juvenile diversion
act. The records shall be open only by court order to persons having a legitimate
interest, except that diversion records shall be open only as provided in
the juvenile diversion act.
(2) Beginning June 1, 1988, the court shall maintain records of
all cases brought before it and as provided in the juvenile diversion act.
Except as otherwise provided in this subsection, records of a case brought
before the court shall be open to the general public. Diversion records shall
be open only as provided in the juvenile diversion act. Except as otherwise
provided in section 49 of the crime victim's rights act, 1985 PA 87, MCL 780.799,
if the hearing of a case brought before the court is closed under section 17
of this chapter, the records of that hearing shall be open only by court order
to persons having a legitimate interest.
(3) If the court issues an order in respect to payments by a parent
under section 18(2) of this chapter, a copy shall be mailed to the department
of treasury. Action taken against parents or adults shall not be released for
publicity unless the parents or adults are found guilty of contempt of court.
The court shall furnish the family independence agency and a county juvenile
agency with reports of the administration of the court in a form recommended
by the Michigan association of probate and juvenile court judges. Copies of
these reports shall, upon request, be made available to other state departments
by the family independence agency.
(4) As used in this section:
(a) "Juvenile diversion act" means the juvenile diversion
act, 1988 PA 13, MCL 722.821 to 722.831.
(b) "Persons having a legitimate interest" includes
a member of a local foster care review board established under 1984 PA 422,
MCL 722.131 to 722.139a.
CHAPTER 380 SCHOOL CODE OF 1976
THE REVISED SCHOOL CODE
ARTICLE 2.
PART 16. BOARDS OF EDUCATION; POWERS AND DUTIES GENERALLY
MCLS § 380.1291 (2009)
§ 380.1291. Local school security task force.
Sec. 1291. The board of a school district may establish a local school security task force for the school district to perform functions at the local level similar to those performed at the state level by the school security task force created under the school security task force act. The local school security task force shall include representatives of parents, teachers and other school employees, school administrators, law enforcement officials, pupils, and other members of the community affected by weapons in schools. A school district may use school operating funds for the activities of its local school security task force. This section does not require a school district to establish a local school security task force, or create liability for a school district that does not establish a local school security task force.
MICHIGAN COURT RULES OF 1985
CHAPTER 3 SPECIAL PROCEEDINGS AND ACTIONS
Subchapter 3.900. Proceedings Involving Juveniles
MCR 3.925 (2009)
Rule 3.925 Open Proceedings; Judgments and Orders; Records Confidentiality; Destruction of Court Files; Setting Aside Adjudications.
(A) Open Proceedings.
(1) General. Except as provided in subrule (A)(2), juvenile proceedings
on the formal calendar and preliminary hearings shall be open to the public.
(2) Closed Proceedings; Criteria. The court, on motion of a party
or a victim, may close the proceedings to the public during the testimony of
a child or during the testimony of the victim to protect the welfare of either.
In making such a determination, the court shall consider the nature of the
proceedings; the age, maturity, and preference of the witness; and, if the
witness is a child, the preference of a parent, guardian, or legal custodian
that the proceedings be open or closed. The court may not close the proceedings
to the public during the testimony of the juvenile if jurisdiction is requested
under MCL 712A.2(a)(1).
(B) Record of Proceedings. A record of all hearings must be made.
All proceedings on the formal calendar must be recorded by stenographic recording
or by mechanical or electronic recording as provided by statute or MCR 8.108.
A plea of admission or no contest, including any agreement with or objection
to the plea, must be recorded.
(C) Judgments and Orders. The form and signing of judgments are
governed by MCR 2.602(A)(1) and (2). Judgments and orders may be served on
a person by first-class mail to the person's last known address.
(D) Public Access to Records; Confidential File.
(1) General. Records of the juvenile cases, other than confidential
files, must be open to the general public.
(2) Confidential Files. Only persons who are found by the court
to have a legitimate interest may be allowed access to the confidential files.
In determining whether a person has a legitimate interest, the court shall
consider the nature of the proceedings, the welfare and safety of the public,
the interest of the minor, and any restriction imposed by state or federal
law.
(E) Destruction of Court Files and Records. This subrule governs
the destruction of court files and records.
(1) Destruction Generally; Effect. The court may at any time for
good cause destroy its own files and records pertaining to an offense by or
against a minor, other than an adjudicated offense described in MCL 712A.18e(2),
except that the register of actions must not be destroyed. Destruction of a
file does not negate, rescind, or set aside an adjudication.
(2) Delinquency Files and Records.
(a) The court must destroy the diversion record
of a juvenile within 28 days after the juvenile becomes 17 years of age.
(b) The court must destroy all files of matters
heard on the consent calendar within 28 days after the juvenile becomes 17
years of age or after dismissal from court supervision, whichever is later,
unless the juvenile subsequently comes within the jurisdiction of the court
on the formal calendar. If the case is transferred to the consent calendar
and a register of actions exists, the register of actions must be maintained
as a nonpublic record.
(c) Except as provided by subrules (a) and (b),
the court must destroy the files and records pertaining to a person's juvenile
offenses when the person becomes 30 years old.
(d) If the court destroys its files regarding
a juvenile proceeding on the formal calendar, it shall retain the register
of actions, and, if the information is not included in the register of actions,
whether the juvenile was represented by an attorney or waived representation.
(3) Child Protective Files and Records.
(a) The court, for any reason, may destroy child
protective proceeding files and records pertaining to a child, other than orders
terminating parental rights, 25 years after the jurisdiction over the child
ends, except that where records on more than one child in a family are retained
in the same file, destruction is not allowed until 25 years after jurisdiction
over the last child ends.
(b) All orders terminating parental rights to
a child must be kept as a permanent record of the court.
(F) Setting Aside Adjudications and Convictions.
(1) Adjudications. The setting aside of juvenile adjudications
is governed by MCL 712A.18e.
(2) Convictions. The court may only set aside a conviction as
provided by MCL 780.621, et seq.
(G) Access to Juvenile Offense Record of Convicted Adults. When
the juvenile offense record of an adult convicted of a crime is made available
to the appropriate agency, as provided in MCL 791.228(1), the record must state
whether, with regard to each adjudication, the juvenile had an attorney or
voluntarily waived an attorney.
CHAPTER 380 SCHOOL CODE OF 1976
THE REVISED SCHOOL CODE
ARTICLE 2.
PART 15. SCHOOL DISTRICTS; POWERS AND DUTIES GENERALLY
MCLS § 380.1135 (2009)
§ 380.1135. Proof of identity and age; notice of noncompliance; investigation; reporting inaccurate or suspicious affidavit; school record of transfer student; compliance; effect of tagged record; confidentiality.
Sec. 1135. (1) Upon enrollment of a student for the first time
in a local or intermediate school district, the district shall notify in
writing the person enrolling the student that within 30 days he or she shall
provide to the local or intermediate school district either of the following:
(a) A certified copy of the student's birth certificate.
(b) Other reliable proof, as determined by the school district,
of the student's identity and age, and an affidavit explaining the inability
to produce a copy of the birth certificate.
(2) If a person enrolling a student fails to comply with subsection
(1), the local or intermediate school district shall notify the person enrolling
the student in writing that, unless he or she complies within 30 days after
the notification, the case shall be referred to the local law enforcement agency
for investigation. If the person enrolling the student fails to comply within
that 30-day period, the local or intermediate school district shall notify
the local law enforcement agency.
(3) The local or intermediate school district shall immediately
report to the local law enforcement agency any affidavit received pursuant
to this section that appears inaccurate or suspicious in form or content.
(4) Within 14 days after enrolling a transfer student, the school
shall request in writing directly from the student's previous school a copy
of his or her school record. Any school that compiles records for each student
in the school and that is requested to forward a copy of a transferring student's
record to the new school shall comply within 30 days after receipt of the request
unless the record has been tagged pursuant to section 1134. If a student record
has been tagged pursuant to section 1134, a copy of the student record shall
not be forwarded, and the requested school shall notify the law enforcement
agency that notified the school district of the missing student pursuant to
section 8 of Act No. 319 of the Public Acts of 1968, being section 28.258 of
the Michigan Compiled Laws, of the request.
(5) A local or intermediate school district shall not disclose
any personally identifiable information contained in a student record to a
law enforcement agency, except in compliance with the family educational rights
and privacy act, 20 U.S.C. 1232g.
CHAPTER 380 SCHOOL CODE OF 1976
THE REVISED SCHOOL CODE
ARTICLE 2.
PART 16. BOARDS OF EDUCATION; POWERS AND DUTIES GENERALLY
MCLS § 380.1308 (2009)
§ 380.1308. Statewide school safety information policy.
Sec. 1308. (1) Not later than 90 days after the effective date
of this section, the superintendent of public instruction, attorney general,
and director of the department of state police shall adopt, publish, and
distribute to school boards, county prosecutors, and local law enforcement
agencies the statewide school safety information policy described in subsection
(2). Not later than 180 days after the effective date of this section, each
school board, county prosecutor, and local law enforcement agency shall do
both of the following:
(a) Meet and confer as appropriate on the implementation of the
statewide school safety information policy for each school district and on
any related issues that are unique to the affected locality. The appropriate
local law enforcement agency or agencies to be involved shall be determined
locally, consistent with the statewide school safety information policy.
(b) Begin compliance with the statewide school safety information
policy.
(2) The statewide school safety information policy required under
subsection (1) shall identify the types of incidents occurring at school that
must be reported to law enforcement agencies and shall establish procedures
to be followed when such an incident occurs at school. The statewide school
safety information policy also may address procedures for reporting incidents
involving possession of a dangerous weapon as required under section 1313.
The statewide school safety information policy shall address at least all of
the following:
(a) Law enforcement protocols and priorities for the reporting
process. The law enforcement protocols must be developed with the cooperation
of the appropriate state or local law enforcement agency. The law enforcement
priorities shall include at least investigation of reported incidents, identification
of those involved in a reported incident, assistance in prevention of these
types of incidents, and, when appropriate, assistance from a child protection
agency.
(b) Definition of the types of incidents requiring reporting to
law enforcement and response by law enforcement, taking into account the intent
of the actor and the circumstances surrounding the incident.
(c) Protocols for responding to reportable incidents, addressing
at least all of the following:
(i) Initial notification and reporting by school
officials.
(ii) The information to be provided by school
officials.
(iii) Initial response by law enforcement agencies,
which shall be specifically tailored for incidents in progress, incidents not
in progress, and incidents involving delayed reporting. School officials shall
be consulted to determine the extent of law enforcement involvement required
by the situation.
(iv) Custody of actors.
(d) The amount and nature of assistance to be provided by school
officials, and the scope of their involvement in law enforcement procedures.
This provision shall require school officials to notify the parent or legal
guardian of a minor pupil who is a victim or witness when law enforcement authorities
interview the pupil.
(e) Any other matters that will facilitate reporting of incidents
affecting school safety and the exchange of other information affecting school
safety.
(3) If school officials of a school district determine that an
incident has occurred at school that is required to be reported to law enforcement
agencies according to the statewide school safety information policy under
this section, the superintendent of the school district, or his or her designee,
immediately shall report that finding to the appropriate state or local law
enforcement agency in the manner prescribed in the statewide school safety
information policy.
(4) If provided in the statewide school safety information policy
under this section, a local law enforcement agency that has jurisdiction over
a school building of a school district shall report to the school officials
of the school building incidents reported to the law enforcement agency that
allege the commission of a crime and that, according to the incident report,
either occurred on school property or within 1,000 feet of the school property
or involved a pupil or staff member of the school as a victim or alleged perpetrator.
Upon request by a law enforcement agency, school officials shall provide the
law enforcement agency with any information the law enforcement agency determines
it needs to provide this report to school officials.
(5) If provided in the statewide school safety information policy
under this section, the prosecuting attorney of a county shall notify a school
district located in whole or in part in that county of any criminal or juvenile
court action initiated or taken against a pupil of the school district, including,
but not limited to, convictions, adjudications, and dispositions. This notification
shall be made to either the school district superintendent or to the intermediate
superintendent of the intermediate school district in which the county is located,
as provided in the policy or by local agreement. If the notification is made
to the intermediate superintendent, the intermediate superintendent shall forward
the information to the superintendent of the school district in which the pupil
is enrolled. Upon receipt of information under this subsection, a school district
superintendent shall share the information with appropriate school building
personnel. The prosecuting attorney may inquire of each school age individual
involved in a court action described in this subsection whether the individual
is a pupil in a school district and, if so, in which school district.
(6) If provided for in the statewide school safety information
policy under this section, the appropriate court shall inform an appropriate
school administrator of the name of the individual assigned to monitor a convicted
or adjudicated youth attending a public school and of how that individual may
be contacted.
(7) A school board, county prosecutor, and local law enforcement
agency may enter into a local agreement or take other measures to facilitate
the sharing of school safety information or to promote school safety if the
agreement or other measures are consistent with the statewide school safety
information policy.
(8) A school board shall cooperate with local law enforcement
agencies to ensure that detailed and accurate building plans, blueprints, and
site plans, as appropriate, for each school building operated by the school
board are provided to the appropriate local law enforcement agency.
(9) Reporting of information by a school district or school personnel
under this section is subject to section 444 of subpart 4 of part C of the
general education provisions act, Title IV of Public Law 90-247, 20 U.S.C.
1232g, commonly referred to as the family educational rights and privacy act
of 1974.
(10) If a pupil is involved in an incident reported to law enforcement
according to the statewide school safety information policy under this section,
then upon request by school officials, the pupil's parent or legal guardian
shall execute any waivers or consents necessary to allow school officials access
to school, court, or other pertinent records of the pupil concerning the incident
and action taken as a result of the incident.
(11) As used in this section:
(a) "At school" means in a classroom, elsewhere on school
premises, on a school bus or other school-related vehicle, or at a school-sponsored
activity or event whether or not it is held on school premises.
(b) "School board" and "school district" mean
those terms as defined in section 1311a.
Sec. 1310a. (1) At least annually, each school board shall
prepare and submit to the superintendent of public instruction, in the form
and manner prescribed by the superintendent of public instruction, a report
stating the number of pupils expelled from the school district during the
immediately preceding school year, with a brief description of the incident
that caused each expulsion.
(2) In order to obtain an accurate local and statewide picture
of school crime and to develop the partnerships necessary to plan and implement
school safety programs, at least annually, each school board shall report to
the superintendent of public instruction, in the form and manner prescribed
by the superintendent of public instruction, incidents of crime occurring at
school within the school district. In determining the form and manner of this
report, the superintendent of public instruction shall consult with local and
intermediate school districts and law enforcement officials. The reporting
shall include at least crimes involving physical violence, gang-related activity,
illegal possession of a controlled substance or controlled substance analogue,
or other intoxicant, trespassing, and property crimes including, but not limited
to, theft and vandalism. For a property crime, the report shall include an
estimate of the cost to the school district resulting from the property crime.
The school crime reporting requirements of this subsection are intended to
do all of the following:
(a) Help policymakers and program designers at the local and state
levels develop appropriate prevention and intervention programs.
(b) Provide the continuous assessment tools needed for revising
and refining school safety programs.
(c) Assist schools and school districts to identify the most pressing
safety issues confronting their school communities, to direct resources appropriately,
and to enhance campus safety through prevention and intervention strategies.
(d) Foster the creation of partnerships among schools, school
districts, state agencies, communities, law enforcement, and the media to prevent
further crime and violence and to assure a safe learning environment for every
pupil.
(3) Each school building shall collect and keep current on a weekly
basis the information required for the report under subsection (2) and must
provide that information, within 7 days, upon request. At least annually, each
school board shall make a copy disaggregated by school building, of the most
recent report for the school district under subsection (2) available to the
parent or legal guardian of each pupil enrolled in the school district.
(4) As used in this section, "school board" and "school
district" mean those terms as defined in section 1310.
§ 380.1311. Suspension or expulsion of pupils.
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 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 rules of the superintendent of public
instruction to determine if the pupil is a student with a disability, the
pupil shall be evaluated immediately by the intermediate school district
of which the school district is constituent in accordance with section 1711.
(2) If a pupil possesses in a weapon free school zone a weapon
that constitutes a dangerous weapon, commits arson in a school building or
on school grounds, or commits criminal sexual conduct in a school building
or on school grounds, 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 (5). 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
person 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) If an individual is expelled pursuant to subsection (2), the
expelling school district shall enter on the individual's permanent record
that he or she has been expelled pursuant to subsection (2). Except if a school
district operates or participates cooperatively in an alternative education
program appropriate for individuals expelled pursuant to subsection (2) and
in its discretion admits the individual to that program, and except for a strict
discipline academy established under sections 1311b to 1311l, an individual
expelled pursuant to 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 (5). Except as otherwise provided by law, a program operated
for individuals expelled pursuant to subsection (2) shall 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
pursuant to subsection (2) is not placed in an alternative education program
or strict discipline academy, 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 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 pursuant to 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.
(4) If a school board expels an individual pursuant to 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.
(5) The parent or legal guardian of an individual expelled pursuant
to 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 pursuant to 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 with a dangerous weapon shall 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 pursuant
to subsection (2) for a reason other than possessing a firearm or threatening
another person with a dangerous weapon shall 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 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 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 be for unconditional reinstatement, for conditional
reinstatement, or against reinstatement, and shall be accompanied by an explanation
of the reasons for the recommendation and of any recommended conditions for
reinstatement. The recommendation shall 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 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.
(6) A school board or school administrator that complies with
subsection (2) is not liable for damages for expelling a pupil pursuant to
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 pursuant
to subsection (2).
(7) The department shall develop and distribute to all school
districts a form for a petition for reinstatement to be used under subsection
(5).
(8) 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.
(9) If a pupil expelled from a public school district pursuant
to 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 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.
(10) If an individual is expelled pursuant to subsection (2),
it is the responsibility of that individual and of his or her 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 pursuant to subsection (2) and pursuant to 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.
(11) 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 750.80.
(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, a local
act school district, an intermediate school district, or a public school academy.
(g) "Weapon free school zone" means that term as defined
in section 237a of the Michigan penal code, 1931 PA 328, MCL 750.237a.
§ 380.1311a. Assault by pupil against employee, volunteer, or contractor; expulsion required; 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.
Sec. 1311a. (1) If a pupil enrolled in grade 6 or above commits
a physical assault at school against a person employed by or engaged as a
volunteer or contractor by the school board and the physical assault is reported
to the school board, school district superintendent, or building principal
by the victim or, if the victim is unable to report the assault, by another
person on the victim's behalf, then the school board, or the designee of
the school board as described in section 1311(1) on behalf of the school
board, shall expel the pupil from the school district permanently, subject
to possible reinstatement under subsection (5). A district superintendent
or building principal who receives a report described in this subsection
shall forward the report to the school board.
(2) If a pupil enrolled in grade 6 or above commits a verbal assault,
as defined by school board policy, at school against a person employed by or
engaged as a volunteer or contractor by the school board and the verbal assault
is reported to the school board, school district superintendent, or building
principal by the victim or, if the victim is unable to report the verbal assault,
by another person on the victim's behalf, or if a pupil enrolled in grade 6
or above makes a bomb threat or similar threat directed at a school building,
other school property, or a school-related event, then the school board, or
the designee of the school board as described in section 1311(1) on behalf
of the school board, shall suspend or expel the pupil from the school district
for a period of time as determined in the discretion of the school board or
its designee. A district superintendent or building principal who receives
a report described in this subsection shall forward the report to the school
board. Notwithstanding section 1147, a school district is not required to allow
an individual expelled from another school district under this subsection to
attend school in the school district during the expulsion.
(3) If an individual is permanently expelled pursuant to this
section, the expelling school district shall enter on the individual's permanent
record that he or she has been permanently expelled pursuant to this section.
Except if a school district operates or participates cooperatively in an alternative
education program appropriate for individuals expelled pursuant to this section
and section 1311(2) and in its discretion admits the individual to that program,
and except for a strict discipline academy established under sections 1311b
to 1311l, an individual permanently expelled pursuant to this section 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 (5). Except as otherwise provided
by law, a program operated for individuals expelled pursuant to this section
and section 1311(2) shall ensure that those individuals are physically separated
at all times during the school day from the general pupil population. If an
individual permanently expelled from a school district pursuant to this section
is not placed in an alternative education program or strict discipline academy,
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 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 permanently expelled pursuant to this section than the amount of
the foundation allowance the school district receives for the pupil under section
20 of the state school aid act of 1979, MCL 388.1620.
(4) If a school board permanently expels an individual pursuant
to this section, 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.
(5) The parent or legal guardian of an individual permanently
expelled pursuant to this section 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) The individual's 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) The individual shall 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 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 be for unconditional reinstatement, for conditional
reinstatement, or against reinstatement, and shall be accompanied by an explanation
of the reasons for the recommendation and of any recommended conditions for
reinstatement. The recommendation shall 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 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 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.
(6) A school board or school administrator that complies with
this section is not liable for damages for suspending or expelling a pupil
pursuant to this section, and the authorizing body of a public school academy
is not liable for damages for suspension or expulsion of a pupil by the public
school academy pursuant to this section.
(7) The department shall develop and distribute to all school
districts a form for a petition for reinstatement to be used under subsection
(5). The department may designate the form used for a petition for reinstatement
under section 1311 as a form that may be used under this section.
(8) 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.
(9) If a pupil expelled from a school district pursuant to this
section 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 the alternative education program is immediately eligible
for the prorated share of either the public school academy's or operating school
district's foundation allowance or the expelling school district's foundation
allowance, whichever is higher.
(10) A school board or its designee shall report all assaults
described in subsection (1) or (2) to appropriate state or local law enforcement
officials and prosecutors as provided in the statewide school safety information
policy under section 1308.
(11) If an individual is expelled pursuant to this section, it
is the responsibility of that individual and of his or her parent or legal
guardian to locate a suitable educational program and to enroll the individual
in such a program during the expulsion. The office for 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 pursuant to this section and pursuant to section 1311(2),
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 for 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) "At school" means in a classroom, elsewhere on school
premises, on a school bus or other school-related vehicle, or at a school-sponsored
activity or event whether or not it is held on school premises.
(b) "Physical assault" means intentionally causing or
attempting to cause physical harm to another through force or violence.
(c) "School board" means a school board, intermediate
school board, or the board of directors of a public school academy.
(d) "School district" means a school district, a local
act school district, an intermediate school district, or a public school academy.
CHAPTER 600 REVISED JUDICATURE ACT OF 1961
REVISED JUDICATURE ACT OF 1961
CHAPTER 21. EVIDENCE
MCLS § 600.2165 (2009)
§ 600.2165. Disclosure of students' records or communications by school teacher or employee.
Sec. 2165. No teacher, guidance officer, school executive or other professional person engaged in character building in the public schools or in any other educational institution, including any clerical worker of such schools and institutions, who maintains records of students' behavior or who has records in his custody, or who receives in confidence communications from students or other juveniles, shall be allowed in any proceedings, civil or criminal, in any court of this state, to disclose any information obtained by him from the records or such communications; nor to produce records or transcript thereof, except that testimony may be given, with the consent of the person so confiding or to whom the records relate, if the person is 18 years of age or over, or, if the person is a minor, with the consent of his or her parent or legal guardian.