Read the full stored bill text
CRM S03187'25_SB0886_INTR_1 1nfrwo
SENATE BILL NO. 886
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 1310, 1310a, 1311, and 1311a (MCL 380.1310,
380.1310a, 380.1311, and 380.1311a), section 1310 as amended by
2016 PA 365, section 1310a as amended by 2024 PA 264, section 1311
as amended by 2018 PA 145, and section 1311a as amended by 2016 PA
366, and by adding section 1310f.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1310. (1) Subject to section 1310d, if a pupil enrolled 1
in grade 6 or above commits a physical assault at school against 2
another pupil and the physical assault is reported to the school 3
March 25, 2026, Introduced by Senators IRWIN, SHINK, CHANG and KLINEFELT and referred
to Committee on Education.
2
CRM S03187'25_SB0886_INTR_1 1nfrwo
board, school district superintendent, or building principal, then 1
the school board or the designee of the school board as described 2
in section 1311(1) on behalf of the school board shall suspend or 3
expel the pupil from the school district for up to 180 school days. 4
A district superintendent or building principal who receives a 5
report described in this subsection shall forward the report to the 6
school board. Notwithstanding section 1147, a school district is 7
not required to allow an individual expelled from another school 8
district under this section to attend school in the school district 9
during the expulsion. 10
(2) If Subject to section 1310f, if an individual is expelled 11
pursuant to under this section, it is the responsibility of that 12
individual and of his or her the individual's parent or legal 13
guardian to locate a suitable educational program and to enroll the 14
individual in such a program during the expulsion. The office for 15
safe schools in the department shall compile information on and 16
catalog existing alternative education programs or schools and 17
nonpublic schools that may be open to enrollment of individuals 18
expelled under this section and pursuant to under section 1311(2) 19
or 1311a, and shall periodically distribute this information to 20
school districts for distribution to expelled individuals. A school 21
board that establishes an alternative education program or school 22
described in this subsection shall notify the office for safe 23
schools about the program or school and the types of pupils it 24
serves. The office for safe schools also shall work with and 25
provide technical assistance to school districts, authorizing 26
bodies for public school academies, and other interested parties in 27
developing these types of alternative education programs or schools 28
in geographic areas that are not being served. 29
3
CRM S03187'25_SB0886_INTR_1 1nfrwo
(3) As used in this section: 1
(a) "At school" means in a classroom, elsewhere on school 2
premises, on a school bus or other school-related vehicle, or at a 3
school-sponsored activity or event whether or not it is held on 4
school premises. 5
(b) "Physical assault" means intentionally causing or 6
attempting to cause physical harm to another through force or 7
violence. 8
(c) "School board" means a school board, intermediate school 9
board, or the board of directors of a public school academy. 10
(d) "School district" means a school district, intermediate 11
school district, or public school academy. 12
Sec. 1310a. (1) At least annually, each school board shall 13
prepare and submit to the superintendent of public instruction, in 14
the form and manner prescribed by the superintendent of public 15
instruction, a report stating the number of pupils expelled from 16
the school district during the immediately preceding school year, 17
with a brief description of the incident that caused each 18
expulsion. The superintendent of public instruction shall submit 19
the report required under this subsection to the school safety 20
commission. Subject to state and federal privacy laws, the report 21
described in this subsection must also include the number of days 22
for which each pupil described in this subsection was suspended, 23
the race, ethnicity, and gender of each pupil described in this 24
subsection, and the number of pupils described in this subsection 25
to which the following apply: 26
(a) The pupil is a student with a disability. As used in this 27
subdivision, "student with a disability" means a student who has 1 28
or more impairments that require special education or related 29
4
CRM S03187'25_SB0886_INTR_1 1nfrwo
services and who has an individualized education program. 1
(b) The pupil is economically disadvantaged. As used in this 2
subdivision, "economically disadvantaged" means a pupil who meets 3
any of the following: 4
(i) Has been determined eligible for free or reduced-price 5
meals as determined under the Richard B. Russell national school 6
lunch act, 42 USC 1751 to 1769j. 7
(ii) Is in a household receiving supplemental nutrition 8
assistance program or temporary assistance for needy families 9
assistance. 10
(iii) Is homeless, a migrant, or in foster care, as reported to 11
the center. 12
(iv) Is eligible for Medicaid. 13
(c) The pupil has had foster care exposure during the school 14
year. 15
(d) The pupil is an English language learner as that term is 16
defined in section 31a of the state school aid act of 1979, MCL 17
388.1631a. 18
(e) The pupil is a homeless child or youth. As used in this 19
subdivision, "homeless child or youth" means a child or youth who 20
meets the definition of homeless children and youths as that term 21
is defined in 42 USC 11434a. 22
(f) The pupil is a migrant student. As used in this 23
subdivision, "migrant student" means a student whose family has 24
moved within the immediately preceding 36 months to obtain 25
temporary or seasonal work in agriculture or fishing or a student 26
who identified as migrant eligible for the school year in the 27
Migrant Education Data System. 28
(2) In order to To obtain an accurate local picture of school 29
5
CRM S03187'25_SB0886_INTR_1 1nfrwo
crime and to develop the partnerships necessary to plan and 1
implement school safety programs, at least annually, each school 2
board shall post on its website, in the form and manner prescribed 3
by the superintendent of public instruction, incidents of crime 4
occurring at school within the school district. In determining the 5
form and manner of this report, the superintendent of public 6
instruction shall consult with local and intermediate school 7
districts and law enforcement officials. The report must include at 8
least crimes involving physical violence, gang-related activity, 9
illegal possession of a controlled substance or controlled 10
substance analogue, or other intoxicant, trespassing, and property 11
crimes including, but not limited to, theft and vandalism. For a 12
property crime, the report must include an estimate of the cost to 13
the school district resulting from the property crime. The school 14
crime reporting requirements of this subsection are intended to do 15
all of the following: 16
(a) Help policymakers and program designers develop 17
appropriate prevention and intervention programs. 18
(b) Provide the continuous assessment tools needed for 19
revising and refining school safety programs. 20
(c) Assist schools and school districts to identify the most 21
pressing safety issues confronting their school communities, to 22
direct resources appropriately, and to enhance campus safety 23
through prevention and intervention strategies. 24
(d) Foster the creation of partnerships among schools, school 25
districts, state agencies, communities, law enforcement, and the 26
media to prevent further crime and violence and to assure ensure a 27
safe learning environment for every pupil. 28
(3) Each school building must collect and keep current on a 29
6
CRM S03187'25_SB0886_INTR_1 1nfrwo
weekly basis the information required for the report under 1
subsection (2) and must provide that information, within not later 2
than 7 days, upon request. At least annually, each school board 3
shall make a copy disaggregated by school building, of the most 4
recent report for the school district under subsection (2) 5
available to the school safety commission and the parent or legal 6
guardian of each pupil enrolled in the school district. 7
(4) As used in this section, "at school", "school board", and 8
"school district" mean those terms as defined in section 1310. 9
Sec. 1310f. (1) The board of a school district or intermediate 10
school district or board of directors of a public school academy, 11
or its designee, shall develop an appeal process for a pupil to 12
appeal a decision of an independent decision maker or independent 13
decision makers under section 1310g or a decision concerning the 14
reinstatement of an expelled pupil under this act by the expelling 15
school district, intermediate school district, or public school 16
academy, to the board of the intermediate school district in which 17
the school district or public school academy in which the pupil is 18
enrolled is located if the decision was not made by the 19
intermediate school district or to an appeal panel as described in 20
subsection (4). The process described in the immediately preceding 21
sentence must include the appointment of an appeal panel as 22
described in subsection (4). Except for the decision of an 23
intermediate school district board or appeal panel upholding an 24
expulsion, the decision of an intermediate school district board or 25
appeal panel under this subsection is a final decision subject to 26
judicial review under the administrative procedures act of 1969, 27
1969 PA 306, MCL 24.201 to 24.328. An appeal process under this 28
subsection must satisfy all of the following requirements: 29
7
CRM S03187'25_SB0886_INTR_1 1nfrwo
(a) Be conducted in writing. 1
(b) Require the pupil seeking to appeal to file the appeal no 2
later than 30 days after the pupil receives notification of the 3
decision of an independent decision maker or independent decision 4
makers under section 1310g or decision concerning reinstatement as 5
described in this subsection. 6
(c) Require the pupil to give notice of the appeal by mail, 7
email, or facsimile to the pupil's school district or intermediate 8
school district, or public school academy, or its designee, not 9
later than 5 days after filing the appeal. 10
(d) Allow the pupil's school district or intermediate school 11
district, or public school academy, or its designee, to file a 12
written response to the appeal with the intermediate school board 13
or appeal panel, as applicable, not later than 5 days after 14
receiving notice of the appeal. 15
(e) Require the appeal to be decided by the board of the 16
intermediate school district described in this subsection or an 17
appeal panel as described in subsection (4). The intermediate 18
school board or appeal panel shall review the written submissions 19
of the parties to the appeal and the evidence that was the basis of 20
the decision of an independent decision maker or independent 21
decision makers under section 1310g or the decision concerning 22
reinstatement, and correct any procedural errors made in the 23
decision of an independent decision maker or independent decision 24
makers under section 1310g or the decision concerning 25
reinstatement. 26
(f) Require the intermediate school board described in this 27
subsection or the appeal panel to submit its decision in writing to 28
the parties to the appeal no later than 14 days after the pupil 29
8
CRM S03187'25_SB0886_INTR_1 1nfrwo
files the appeal. 1
(2) The department and intermediate school districts shall 2
develop a coordinated appeal process for a pupil to appeal the 3
decision of an intermediate school board or appeal panel under 4
subsection (1) upholding the pupil's expulsion, that must include 5
the appointment of an appeal panel as described in subsection (4). 6
The decision of an appeal panel under this subsection is a final 7
decision subject to judicial review under the administrative 8
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. An 9
appeal process under this subsection must satisfy all of the 10
following requirements: 11
(a) Be conducted in writing. 12
(b) Require the pupil seeking to appeal to file the appeal no 13
later than 30 days after the pupil receives the written decision of 14
the intermediate school board or the appeal panel under subsection 15
(1). 16
(c) Require the pupil to give notice of the appeal by mail, 17
email, or facsimile to the pupil's school district or intermediate 18
school district, or public school academy, or its designee, not 19
later than 5 days after filing the appeal. 20
(d) Allow the pupil's school district or intermediate school 21
district, or public school academy, or its designee, to file a 22
written response to the appeal with the appeal panel not later than 23
5 days after receiving notice of the appeal. 24
(e) Require the appeal to be decided by an appeal panel as 25
described in subsection (4). The appeal panel shall review the 26
written submissions of the parties to the appeal and the evidence 27
that was the basis of the decision of the appeal panel under 28
subsection (1), and correct any procedural errors made in the 29
9
CRM S03187'25_SB0886_INTR_1 1nfrwo
decision. 1
(f) Require the appeal panel to submit its decision in writing 2
to the parties to the appeal no later than 14 days after the pupil 3
files the appeal. 4
(3) The department shall develop an appeal process for a 5
school district or a public school academy, or its designee, to 6
appeal a decision of an independent decision maker or independent 7
decision makers under section 1310g to the board of the 8
intermediate school district in which the school district or public 9
school academy is located or to an appeal panel described in 10
subsection (4) and an appeal process for an intermediate school 11
district, or its designee, to appeal a decision described in this 12
sentence to an appeal panel described in subsection (4). The 13
process described in the immediately preceding sentence must 14
include the appointment of an appeal panel as described in 15
subsection (4). The decision of an intermediate school district 16
board or appeal panel under this subsection is a final decision 17
subject to judicial review under the administrative procedures act 18
of 1969, 1969 PA 306, MCL 24.201 to 24.328. An appeal process under 19
this subsection must satisfy all of the following requirements: 20
(a) Be conducted in writing. 21
(b) Require the school district or intermediate school 22
district, or a public school academy, or its designee, seeking to 23
appeal to file the appeal no later than 14 days after the school 24
district or intermediate school district, or a public school 25
academy, or its designee, receives notification of the decision of 26
the independent decision maker or independent decision makers under 27
section 1310g. 28
(c) Require the school district or intermediate school 29
10
CRM S03187'25_SB0886_INTR_1 1nfrwo
district, or public school academy, or its designee, to give notice 1
of the appeal by mail, email, or facsimile to, subject to state and 2
federal privacy laws, the pupil and the pupil's parent or legal 3
guardian not later than 5 days after filing the appeal. 4
(d) Allow the pupil to file a written response to the appeal 5
with the intermediate school board or appeal panel, as applicable, 6
not later than 10 days after receiving notice of the appeal. 7
(e) Require the appeal to be decided by the intermediate 8
school board or an appeal panel as described in subsection (4) if 9
the appeal was filed by a school district or public school academy 10
or by an appeal panel described in subsection (4) if the appeal was 11
filed by an intermediate school district. The intermediate school 12
board or appeal panel, as applicable, shall review the written 13
submissions of the parties to the appeal and the evidence that was 14
the basis of the decision of the independent decision maker or 15
independent decision makers under section 1310g, and correct any 16
procedural errors made in the decision. 17
(f) Require the intermediate school board or appeal panel, as 18
applicable, to submit its decision in writing to the parties to the 19
appeal no later than 14 days after the school district or 20
intermediate school district, or a public school academy, or its 21
designee, files the appeal. 22
(4) An appeal to an appeal panel under this section must be 23
decided by an appeal panel of no less than 3 individuals, who may 24
include a superintendent or members of a board of a school district 25
or intermediate school district, or a chief administrator or 26
members of a board of directors of a public school academy. An 27
appeal panel under this section must not include an individual who 28
meets either of the following conditions: 29
11
CRM S03187'25_SB0886_INTR_1 1nfrwo
(a) Was previously involved in the decision being appealed, 1
including an individual who did any of the following: 2
(i) Investigated the disciplinary incident that is the subject 3
of the appeal. 4
(ii) Made a disciplinary decision or referral related to the 5
appeal. 6
(iii) Appointed or served as an independent decision maker under 7
section 1310g for the decision being appealed. 8
(b) Has a personal interest in the outcome of the appeal. 9
(5) Notwithstanding any provision of this act to the contrary, 10
except for a pupil who is enrolled in a school district, 11
intermediate school district, or public school academy other than 12
the school district, intermediate school district, or public school 13
academy from which the pupil was removed, during the pendency of an 14
appeal under this section, the school district, intermediate school 15
district, or public school academy in which the pupil was enrolled 16
immediately preceding an appeal under this section that removed the 17
pupil shall determine and provide available and appropriate 18
educational services to the pupil who is a party to the appeal, 19
including, but not limited to, all of the following: 20
(a) Any applicable plans in place for excusing assignments, as 21
needed. 22
(b) Information concerning how the pupil may access upcoming 23
assignments and instructional materials. 24
(c) Information concerning how the pupil may access in-person 25
or virtual tutoring, instructors, home or community-based 26
instruction, alternative instruction or testing opportunities, 27
transportation, social work support, and support from a homeless or 28
foster care liaison, as available. 29
12
CRM S03187'25_SB0886_INTR_1 1nfrwo
(6) This section does not limit a pupil's right to seek relief 1
under other applicable law including, but not limited to, state and 2
federal civil rights laws. 3
(7) As used in this section: 4
(a) "Disciplinary decision" means any of the following actions 5
against a pupil: 6
(i) Alternative placement for more than 10 days. 7
(ii) Expulsion. 8
(iii) Suspension for more than 10 days. 9
(b) "Expulsion" means the exclusion of a pupil from school for 10
disciplinary reasons for a period of 60 or more school days. 11
(c) "Suspension" means the exclusion of a pupil from school 12
for disciplinary reasons for a period of fewer than 60 school days. 13
Sec. 1311. (1) Subject to subsection (2) and section 1310d, 14
the school board, or the school district superintendent, a school 15
building principal, or another school district official if 16
designated by the school board, may authorize or order the 17
suspension or expulsion from school of a pupil who commits criminal 18
sexual conduct against another pupil enrolled in the same school 19
district or a pupil guilty of gross misdemeanor or persistent 20
disobedience if, in the judgment of the school board or its 21
designee, as applicable, the interest of the school is served by 22
the authorization or order. If there is reasonable cause to believe 23
that the pupil is a student with a disability, and the school 24
district has not evaluated the pupil in accordance with rules of 25
the superintendent of public instruction to determine if the pupil 26
is a student with a disability, the pupil shall must be evaluated 27
immediately by the intermediate school district of which the school 28
district is constituent in accordance with section 1711. 29
13
CRM S03187'25_SB0886_INTR_1 1nfrwo
(2) Subject to subsection (3) and section 1310d, if a pupil 1
possesses in a weapon free school zone a weapon that constitutes a 2
dangerous weapon, commits arson in a school building or on school 3
grounds, commits criminal sexual conduct in a school building or on 4
school grounds, or pleads to, is convicted of, or is adjudicated 5
for criminal sexual conduct against another pupil enrolled in the 6
same school district, the school board, or the designee of the 7
school board as described in subsection (1) on behalf of the school 8
board, shall expel the pupil from the school district permanently, 9
subject to possible reinstatement under subsection (6). However, a 10
school board is not required to expel a pupil for possessing a 11
weapon if the pupil establishes in a clear and convincing manner at 12
least 1 of the following: 13
(a) The object or instrument possessed by the pupil was not 14
possessed by the pupil for use as a weapon, or for direct or 15
indirect delivery to another individual for use as a weapon. 16
(b) The weapon was not knowingly possessed by the pupil. 17
(c) The pupil did not know or have reason to know that the 18
object or instrument possessed by the pupil constituted a dangerous 19
weapon. 20
(d) The weapon was possessed by the pupil at the suggestion, 21
request, or direction of, or with the express permission of, school 22
or police authorities. 23
(3) There is a rebuttable presumption that expulsion under 24
subsection (2) for possession of a weapon is not justified if both 25
of the following are met: 26
(a) The school board or its designee determines in writing 27
that at least 1 of the factors listed in subsection (2)(a) to (d) 28
has been established in a clear and convincing manner. 29
14
CRM S03187'25_SB0886_INTR_1 1nfrwo
(b) The pupil has no history of suspension or expulsion. 1
(4) If an individual is expelled under subsection (2), the 2
expelling school district shall enter on the individual's permanent 3
record that he or she the individual has been expelled under 4
subsection (2). Except if a school district operates or 5
participates cooperatively in an alternative education program 6
appropriate for individuals expelled under subsection (2) and in 7
its discretion admits the individual to that program, and except 8
for a strict discipline academy established under sections 1311b to 9
1311m or a cyber school, as that term is defined in section 551, an 10
individual expelled under subsection (2) is expelled from all 11
public schools in this state and the officials of a school district 12
shall not allow the individual to enroll in the school district 13
unless the individual has been reinstated under subsection (6). 14
Except as otherwise provided by law, a program operated for 15
individuals expelled under subsection (2) shall ensure that those 16
individuals are physically separated at all times during the school 17
day from the general pupil population. If an individual expelled 18
from a school district under subsection (2) is not placed in an 19
alternative education program, strict discipline academy, or cyber 20
school, the school district may provide, or may arrange for the 21
intermediate school district to provide, appropriate instructional 22
services to the individual at home. The type of services provided 23
shall must meet the requirements of section 6(4)(u) of the state 24
school aid act of 1979, MCL 388.1606, and the services may be 25
contracted for in the same manner as services for homebound pupils 26
under section 109 of the state school aid act of 1979, MCL 27
388.1709. This subsection does not require a school district to 28
expend more money for providing services for a pupil expelled under 29
15
CRM S03187'25_SB0886_INTR_1 1nfrwo
subsection (2) than the amount of the foundation allowance the 1
school district receives for the pupil as calculated under section 2
20 of the state school aid act of 1979, MCL 388.1620. 3
(5) If a school board expels an individual under subsection 4
(2), the school board shall ensure that, within not later than 3 5
days after the an expulsion is first decided, an official of the 6
school district refers the individual to the appropriate county 7
department of social services or county community mental health 8
agency and notifies the individual's parent or legal guardian or, 9
if the individual is at least age 18 or is an emancipated minor, 10
notifies the individual of the referral. 11
(6) The parent or legal guardian of an individual expelled 12
under subsection (2) or, if the individual is at least age 18 or is 13
an emancipated minor, the individual may petition the expelling 14
school board for reinstatement of the individual to public 15
education in the school district. If the expelling school board 16
denies a petition for reinstatement, the parent or legal guardian 17
or, if the individual is at least age 18 or is an emancipated 18
minor, the individual may petition another school board for 19
reinstatement of the individual in that other school district. All 20
of the following apply to reinstatement under this subsection: 21
(a) For an individual who was enrolled in grade 5 or below at 22
the time of the expulsion and who has been expelled for possessing 23
a firearm or threatening another person with a dangerous weapon, 24
the parent or legal guardian or, if the individual is at least age 25
18 or is an emancipated minor, the individual may initiate a 26
petition for reinstatement at any time after the expiration of 60 27
school days after the date of expulsion. For an individual who was 28
enrolled in grade 5 or below at the time of the expulsion and who 29
16
CRM S03187'25_SB0886_INTR_1 1nfrwo
has been expelled under subsection (2) for a reason other than 1
possessing a firearm or threatening another person with a dangerous 2
weapon, the parent or legal guardian or, if the individual is at 3
least age 18 or is an emancipated minor, the individual may 4
initiate a petition for reinstatement at any time. For an 5
individual who was in grade 6 or above at the time of expulsion, 6
the parent or legal guardian or, if the individual is at least age 7
18 or is an emancipated minor, the individual may initiate a 8
petition for reinstatement at any time after the expiration of 150 9
school days after the date of expulsion. 10
(b) An individual who was in grade 5 or below at the time of 11
the expulsion and who has been expelled for possessing a firearm or 12
threatening another person with a dangerous weapon shall must not 13
be reinstated before the expiration of 90 school days after the 14
date of expulsion. An individual who was in grade 5 or below at the 15
time of the expulsion and who has been expelled under subsection 16
(2) for a reason other than possessing a firearm or threatening 17
another person with a dangerous weapon shall must not be reinstated 18
before the expiration of 10 school days after the date of the 19
expulsion. An individual who was in grade 6 or above at the time of 20
the expulsion shall must not be reinstated before the expiration of 21
180 school days after the date of expulsion. 22
(c) It is the responsibility of the parent or legal guardian 23
or, if the individual is at least age 18 or is an emancipated 24
minor, of the individual to prepare and submit the petition. A 25
school board is not required to provide any assistance in preparing 26
the petition. Upon request by a parent or legal guardian or, if the 27
individual is at least age 18 or is an emancipated minor, by the 28
individual, a school board shall make available a form for a 29
17
CRM S03187'25_SB0886_INTR_1 1nfrwo
petition. 1
(d) Not later than 10 school days after receiving a petition 2
for reinstatement under this subsection, a school board shall 3
appoint a committee to review the petition and any supporting 4
information submitted by the parent or legal guardian or, if the 5
individual is at least age 18 or is an emancipated minor, by the 6
individual. The committee shall consist of 2 school board members, 7
1 school administrator, 1 teacher, and 1 parent of a pupil in the 8
school district. During this time the superintendent of the school 9
district may prepare and submit for consideration by the committee 10
information concerning the circumstances of the expulsion and any 11
factors mitigating for or against reinstatement. 12
(e) Not later than 10 school days after all members are 13
appointed, the committee described in subdivision (d) shall review 14
the petition and any supporting information and information 15
provided by the school district and shall submit a recommendation 16
to the school board on the issue of reinstatement. The 17
recommendation shall must be for unconditional reinstatement, for 18
conditional reinstatement, or against reinstatement, and shall must 19
be accompanied by an explanation of the reasons for the 20
recommendation and of any recommended conditions for reinstatement. 21
The recommendation shall must be based on consideration of all of 22
the following factors: 23
(i) The extent to which reinstatement of the individual would 24
create a risk of harm to pupils or school personnel. 25
(ii) The extent to which reinstatement of the individual would 26
create a risk of school district liability or individual liability 27
for the school board or school district personnel. 28
(iii) The age and maturity of the individual. 29
18
CRM S03187'25_SB0886_INTR_1 1nfrwo
(iv) The individual's school record before the incident that 1
caused the expulsion. 2
(v) The individual's attitude concerning the incident that 3
caused the expulsion. 4
(vi) The individual's behavior since the expulsion and the 5
prospects for remediation of the individual. 6
(vii) If the petition was filed by a parent or legal guardian, 7
the degree of cooperation and support that has been provided by the 8
parent or legal guardian and that can be expected if the individual 9
is reinstated, including, but not limited to, receptiveness toward 10
possible conditions placed on the reinstatement. 11
(f) Not later than the next regularly scheduled board meeting 12
after receiving the recommendation of the committee under 13
subdivision (e), a school board shall make a decision to 14
unconditionally reinstate the individual, conditionally reinstate 15
the individual, or deny reinstatement of the individual. The 16
Subject to section 1310f, the decision of the school board is 17
final. 18
(g) A school board may require an individual and, if the 19
petition was filed by a parent or legal guardian, his or her the 20
individual's parent or legal guardian to agree in writing to 21
specific conditions before reinstating the individual in a 22
conditional reinstatement. The conditions may include, but are not 23
limited to, agreement to a behavior contract, which may involve the 24
individual, parent or legal guardian, and an outside agency; 25
participation in or completion of an anger management program or 26
other appropriate counseling; periodic progress reviews; and 27
specified immediate consequences for failure to abide by a 28
condition. A parent or legal guardian or, if the individual is at 29
19
CRM S03187'25_SB0886_INTR_1 1nfrwo
least age 18 or is an emancipated minor, the individual may include 1
proposed conditions in a petition for reinstatement submitted under 2
this subsection. 3
(7) A school board or school administrator that complies with 4
subsection (2) is not liable for damages for expelling a pupil 5
under subsection (2), and the authorizing body of a public school 6
academy is not liable for damages for expulsion of a pupil by the 7
public school academy under subsection (2). 8
(8) The department shall develop and distribute to all school 9
districts a form for a petition for reinstatement to be used under 10
subsection (6). 11
(9) This section does not diminish any rights under federal 12
law of a pupil who has been determined to be eligible for special 13
education programs and services. 14
(10) If a pupil expelled from a public school district under 15
subsection (2) is enrolled by a public school district sponsored 16
alternative education program or a public school academy during the 17
period of expulsion, the public school academy or alternative 18
education program shall immediately become becomes eligible for the 19
prorated share of either the public school academy or operating 20
school district's foundation allowance or the expelling school 21
district's foundation allowance, whichever is higher. 22
(11) If Subject to section 1310f, if an individual is expelled 23
under subsection (2), it is the responsibility of that individual 24
and of his or her the individual's parent or legal guardian to 25
locate a suitable alternative educational program and to enroll the 26
individual in such a program during the expulsion. The office of 27
safe schools in the department shall compile information on and 28
catalog existing alternative education programs or schools and 29
20
CRM S03187'25_SB0886_INTR_1 1nfrwo
nonpublic schools that may be open to enrollment of individuals 1
expelled under subsection (2) and under section 1311a, and shall 2
periodically distribute this information to school districts for 3
distribution to expelled individuals. A school board that 4
establishes an alternative education program or school described in 5
this subsection shall notify the office of safe schools about the 6
program or school and the types of pupils it serves. The office of 7
safe schools also shall work with and provide technical assistance 8
to school districts, authorizing bodies for public school 9
academies, and other interested parties in developing these types 10
of alternative education programs or schools in geographic areas 11
that are not being served. 12
(12) As used in this section: 13
(a) "Arson" means a felony violation of chapter X of the 14
Michigan penal code, 1931 PA 328, MCL 750.71 to 750.79. 15
(b) "Criminal sexual conduct" means a violation of section 16
520b, 520c, 520d, 520e, or 520g of the Michigan penal code, 1931 PA 17
328, MCL 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g. 18
(c) "Dangerous weapon" means that term as defined in section 19
1313. 20
(d) "Firearm" means that term as defined in section 921 of 21
title 18 of the United States Code, 18 USC 921. 22
(e) "School board" means a school board, intermediate school 23
board, or the board of directors of a public school academy. 24
(f) "School district" means a school district, intermediate 25
school district, or public school academy. 26
(g) "Weapon free school zone" means that term as defined in 27
section 237a of the Michigan penal code, 1931 PA 328, MCL 750.237a. 28
Sec. 1311a. (1) Subject to section 1310d, if a pupil enrolled 29
21
CRM S03187'25_SB0886_INTR_1 1nfrwo
in grade 6 or above commits a physical assault at school against a 1
person employed by or engaged as a volunteer or contractor by the 2
school board and the physical assault is reported to the school 3
board, school district superintendent, or building principal by the 4
victim or, if the victim is unable to report the assault, by 5
another person on the victim's behalf, then the school board, or 6
the designee of the school board as described in section 1311(1) on 7
behalf of the school board, shall expel the pupil from the school 8
district permanently, subject to possible reinstatement under 9
subsection (5). A district superintendent or building principal who 10
receives a report described in this subsection shall forward the 11
report to the school board. 12
(2) Subject to section 1310d, if a pupil enrolled in grade 6 13
or above commits a verbal assault, as defined by school board 14
policy, at school against a person employed by or engaged as a 15
volunteer or contractor by the school board and the verbal assault 16
is reported to the school board, school district superintendent, or 17
building principal by the victim or, if the victim is unable to 18
report the verbal assault, by another person on the victim's 19
behalf, or if a pupil enrolled in grade 6 or above makes a bomb 20
threat or similar threat directed at a school building, other 21
school property, or a school-related event, then the school board, 22
or the designee of the school board as described in section 1311(1) 23
on behalf of the school board, shall suspend or expel the pupil 24
from the school district for a period of time as determined in the 25
discretion of the school board or its designee. A district 26
superintendent or building principal who receives a report 27
described in this subsection shall forward the report to the school 28
board. Notwithstanding section 1147, a school district is not 29
22
CRM S03187'25_SB0886_INTR_1 1nfrwo
required to allow an individual expelled from another school 1
district under this subsection to attend school in the school 2
district during the expulsion. 3
(3) If an individual is permanently expelled pursuant to under 4
this section, the expelling school district shall enter on the 5
individual's permanent record that he or she the individual has 6
been permanently expelled pursuant to under this section. Except if 7
a school district operates or participates cooperatively in an 8
alternative education program appropriate for individuals expelled 9
pursuant to under this section and section 1311(2) and in its 10
discretion admits the individual to that program, and except for a 11
strict discipline academy established under sections 1311b to 12
1311m, an individual permanently expelled pursuant to under this 13
section is expelled from all public schools in this state and the 14
officials of a school district shall not allow the individual to 15
enroll in the school district unless the individual has been 16
reinstated under subsection (5). Except as otherwise provided by 17
law, a program operated for individuals expelled pursuant to under 18
this section and section 1311(2) shall ensure that those 19
individuals are physically separated at all times during the school 20
day from the general pupil population. If an individual permanently 21
expelled from a school district pursuant to under this section is 22
not placed in an alternative education program or strict discipline 23
academy, the school district may provide, or may arrange for the 24
intermediate school district to provide, appropriate instructional 25
services to the individual at home. The type of services provided 26
shall must meet the requirements of section 6(4)(u) of the state 27
school aid act of 1979, MCL 388.1606, and the services may be 28
contracted for in the same manner as services for homebound pupils 29
23
CRM S03187'25_SB0886_INTR_1 1nfrwo
under section 109 of the state school aid act of 1979, MCL 1
388.1709. This subsection does not require a school district to 2
expend more money for providing services for a pupil permanently 3
expelled pursuant to under this section than the amount of the 4
foundation allowance the school district receives for the pupil 5
under section 20 of the state school aid act of 1979, MCL 388.1620. 6
(4) If a school board permanently expels an individual 7
pursuant to under this section, the school board shall ensure that, 8
within not later than 3 days after the an expulsion is first 9
decided, an official of the school district refers the individual 10
to the appropriate county department of social services or county 11
community mental health agency and notifies the individual's parent 12
or legal guardian or, if the individual is at least age 18 or is an 13
emancipated minor, notifies the individual of the referral. 14
(5) The parent or legal guardian of an individual permanently 15
expelled pursuant to under this section or, if the individual is at 16
least age 18 or is an emancipated minor, the individual may 17
petition the expelling school board for reinstatement of the 18
individual to public education in the school district. If the 19
expelling school board denies a petition for reinstatement, the 20
parent or legal guardian or, if the individual is at least age 18 21
or is an emancipated minor, the individual may petition another 22
school board for reinstatement of the individual in that other 23
school district. All of the following apply to reinstatement under 24
this subsection: 25
(a) The individual's parent or legal guardian or, if the 26
individual is at least age 18 or is an emancipated minor, the 27
individual may initiate a petition for reinstatement at any time 28
after the expiration of 150 school days after the date of 29
24
CRM S03187'25_SB0886_INTR_1 1nfrwo
expulsion. 1
(b) The individual shall must not be reinstated before the 2
expiration of 180 school days after the date of expulsion. 3
(c) It is the responsibility of the parent or legal guardian 4
or, if the individual is at least age 18 or is an emancipated 5
minor, of the individual to prepare and submit the petition. A 6
school board is not required to provide any assistance in preparing 7
the petition. Upon request by a parent or legal guardian or, if the 8
individual is at least age 18 or is an emancipated minor, by the 9
individual, a school board shall make available a form for a 10
petition. 11
(d) Not later than 10 school days after receiving a petition 12
for reinstatement under this subsection, a school board shall 13
appoint a committee to review the petition and any supporting 14
information submitted by the parent or legal guardian or, if the 15
individual is at least age 18 or is an emancipated minor, by the 16
individual. The committee shall consist of 2 school board members, 17
1 school administrator, 1 teacher, and 1 parent of a pupil in the 18
school district. During this time the superintendent of the school 19
district may prepare and submit for consideration by the committee 20
information concerning the circumstances of the expulsion and any 21
factors mitigating for or against reinstatement. 22
(e) Not later than 10 school days after all members are 23
appointed, the committee described in subdivision (d) shall review 24
the petition and any supporting information and information 25
provided by the school district and shall submit a recommendation 26
to the school board on the issue of reinstatement. The 27
recommendation shall must be for unconditional reinstatement, for 28
conditional reinstatement, or against reinstatement, and shall must 29
25
CRM S03187'25_SB0886_INTR_1 1nfrwo
be accompanied by an explanation of the reasons for the 1
recommendation and of any recommended conditions for reinstatement. 2
The recommendation shall must be based on consideration of all of 3
the following factors: 4
(i) The extent to which reinstatement of the individual would 5
create a risk of harm to pupils or school personnel. 6
(ii) The extent to which reinstatement of the individual would 7
create a risk of school district or individual liability for the 8
school board or school district personnel. 9
(iii) The age and maturity of the individual. 10
(iv) The individual's school record before the incident that 11
caused the expulsion. 12
(v) The individual's attitude concerning the incident that 13
caused the expulsion. 14
(vi) The individual's behavior since the expulsion and the 15
prospects for remediation of the individual. 16
(vii) If the petition was filed by a parent or legal guardian, 17
the degree of cooperation and support that has been provided by the 18
parent or legal guardian and that can be expected if the individual 19
is reinstated, including, but not limited to, receptiveness toward 20
possible conditions placed on the reinstatement. 21
(f) Not later than the next regularly scheduled board meeting 22
after receiving the recommendation of the committee under 23
subdivision (e), a school board shall make a decision to 24
unconditionally reinstate the individual, conditionally reinstate 25
the individual, or deny reinstatement of the individual. The 26
Subject to section 1310f, the decision of the school board is 27
final. 28
(g) A school board may require an individual and, if the 29
26
CRM S03187'25_SB0886_INTR_1 1nfrwo
petition was filed by a parent or legal guardian, his or her the 1
individual's parent or legal guardian to agree in writing to 2
specific conditions before reinstating the individual in a 3
conditional reinstatement. The conditions may include, but are not 4
limited to, agreement to a behavior contract , which that may 5
involve the individual, parent or legal guardian, and an outside 6
agency; participation in or completion of an anger management 7
program or other appropriate counseling; periodic progress reviews; 8
and specified immediate consequences for failure to abide by a 9
condition. A parent or legal guardian or, if the individual is at 10
least age 18 or is an emancipated minor, the individual may include 11
proposed conditions in a petition for reinstatement submitted under 12
this subsection. 13
(6) A school board or school administrator that complies with 14
this section is not liable for damages for suspending or expelling 15
a pupil pursuant to under this section, and the authorizing body of 16
a public school academy is not liable for damages for suspension or 17
expulsion of a pupil by the public school academy pursuant to under 18
this section. 19
(7) The department shall develop and distribute to all school 20
districts a form for a petition for reinstatement to be used under 21
subsection (5). The department may designate the form used for a 22
petition for reinstatement under section 1311 as a form that may be 23
used under this section. 24
(8) This section does not diminish any rights under federal 25
law of a pupil who has been determined to be eligible for special 26
education programs and services. 27
(9) If a pupil expelled from a school district pursuant to 28
under this section is enrolled by a public school district 29
27
CRM S03187'25_SB0886_INTR_1 1nfrwo
sponsored alternative education program or a public school academy 1
during the period of expulsion, the public school academy or the 2
alternative education program is immediately eligible for the 3
prorated share of either the public school academy's or operating 4
school district's foundation allowance or the expelling school 5
district's foundation allowance, whichever is higher. 6
(10) A school board or its designee shall report all assaults 7
described in subsection (1) or (2) to appropriate state or local 8
law enforcement officials and prosecutors as provided in the 9
statewide school safety information policy under section 1308. 10
(11) If Subject to section 1310f, if an individual is expelled 11
pursuant to under this section, it is the responsibility of that 12
individual and of his or her the individual's parent or legal 13
guardian to locate a suitable educational program and to enroll the 14
individual in such a program during the expulsion. The office for 15
safe schools in the department shall compile information on and 16
catalog existing alternative education programs or schools and 17
nonpublic schools that may be open to enrollment of individuals 18
expelled pursuant to under this section and pursuant to under 19
section 1311(2), and shall periodically distribute this information 20
to school districts for distribution to expelled individuals. A 21
school board that establishes an alternative education program or 22
school described in this subsection shall notify the office of safe 23
schools about the program or school and the types of pupils it 24
serves. The office for safe schools also shall work with and 25
provide technical assistance to school districts, authorizing 26
bodies for public school academies, and other interested parties in 27
developing these types of alternative education programs or schools 28
in geographic areas that are not being served. 29
28
Final Page
CRM S03187'25_SB0886_INTR_1 1nfrwo
(12) As used in this section: 1
(a) "At school" means in a classroom, elsewhere on school 2
premises, on a school bus or other school-related vehicle, or at a 3
school-sponsored activity or event whether or not it is held on 4
school premises. 5
(b) "Physical assault" means intentionally causing or 6
attempting to cause physical harm to another through force or 7
violence. 8
(c) "School board" means a school board, intermediate school 9
board, or the board of directors of a public school academy. 10
(d) "School district" means a school district, intermediate 11
school district, or public school academy. 12
Enacting section 1. This amendatory act does not take effect 13
unless all of the following bills of the 103rd Legislature are 14
enacted into law: 15
(a) Senate Bill No. 887. 16
17
(b) Senate Bill No. 888. 18