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SENATE BILL NO. 887
A bill to amend 1976 PA 451, entitled
"The revised school code,"
(MCL 380.1 to 380.1852) by adding section 1310g.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1310g. (1) The board of a school district or intermediate 1
school district or board of directors of a public school academy, 2
or its designee, must appoint 1 or more independent decision 3
makers. A hearing required under section 1310d(5) must be conducted 4
by the independent decision maker or independent decision makers. 5
The independent decision maker or independent decision makers shall 6
determine whether the pupil is to be subject to a suspension of 7
March 25, 2026, Introduced by Senators IRWIN, SHINK, CHANG and KLINEFELT and referred
to Committee on Education.
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more than 10 days, expulsion, or alternative placement for more 1
than 10 days and make an alternative placement recommendation for 2
the pupil, if appropriate. The independent decision maker or 3
independent decision makers shall not do any of the following: 4
(a) Conduct an independent investigation of the disciplinary 5
incident. 6
(b) Provide testimony at the hearing. 7
(c) Present evidence at the hearing. 8
(2) The independent decision maker or independent decision 9
makers shall apply a preponderance of the evidence standard when 10
rendering a decision under this section. 11
(3) The independent decision maker or independent decision 12
makers shall do all of the following at a hearing under section 13
1310d(5): 14
(a) Disclose to a pupil that it is possible, under applicable 15
law, that any testimony the pupil gives in the presence of law 16
enforcement officers may be used against the pupil in a court of 17
law at a future date. 18
(b) Offer to the pupil, and the pupil's parent, legal 19
guardian, or representative described in subsection (5), a closed 20
hearing without the presence of the public, law enforcement 21
officers, or security guards except as necessary for the safety of 22
the participants in the hearing. 23
(c) Invite input from the pupil, and the pupil's parent, legal 24
guardian, or representative described in subsection (5), for each 25
of the factors listed in section 1310d(1). 26
(d) Make findings for each of the factors listed in section 27
1310d(1). 28
(4) Subject to state and federal privacy laws, the independent 29
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decision maker or independent decision makers shall, at the close 1
of a hearing described in section 1310d(5), notify the pupil and 2
the pupil's parent or legal guardian of a decision under this 3
section and, within not more than 2 school days after the close of 4
a hearing described in section 1310d(5), shall submit a written 5
report of a decision under this section to the pupil and the 6
pupil's parent or legal guardian and the appointing board of the 7
school district or intermediate school district or board of 8
directors of the public school academy, or its designee, that must 9
contain all of the following: 10
(a) A finding of whether the evidence proves that the pupil 11
committed the conduct in question. 12
(b) A justification for the finding of whether the evidence 13
proves that the pupil committed the conduct in question. 14
(c) Clear and convincing evidence that the independent 15
decision maker or independent decision makers considered each of 16
the factors set forth in section 1310d(1). 17
(d) An alternative placement recommendation for the pupil, if 18
appropriate. 19
(e) If an alternative placement recommendation is not 20
appropriate, the rationale for that determination. 21
(f) An explanation of the pupil's appeal rights and the appeal 22
procedures. 23
(5) A pupil has the right to be represented by an attorney or 24
a non-attorney advocate at a hearing required under section 25
1310d(5). An attorney or a non-attorney advocate may participate in 26
the hearing on behalf of the pupil and take any action the pupil is 27
entitled to take. 28
(6) The board of the school district or intermediate school 29
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district or board of directors of the public school academy, or its 1
designee, shall give the pupil and the pupil's parent or legal 2
guardian a copy of the report required under subsection (4), 3
subject to state and federal privacy laws, in a form and manner 4
that is consistent with the form and manner in which similar 5
communication is provided to the pupil or pupil's parent or legal 6
guardian, and, subject to state and federal privacy laws, notice by 7
telephone and by mail or email of all of the following: 8
(a) The disciplinary decision. 9
(b) A reinstatement plan, if appropriate. 10
(c) If a reinstatement plan is not appropriate, the rationale 11
for that determination. 12
(7) This section does not diminish any rights of a pupil under 13
federal law. 14
(8) Before implementing a disciplinary decision under this 15
section for a pupil with an individualized education program, the 16
board of a school district or intermediate school district or board 17
of directors of a public school academy, or its designee, must 18
invite the pupil to meet with the pupil's individualized education 19
program team to determine how the school district, intermediate 20
school district, or public school academy will provide a free and 21
appropriate public education in a timely manner. 22
(9) An independent decision maker appointed under this section 23
must not be any of the following: 24
(a) An individual who is directly involved in the education or 25
care of the pupil for whom the hearing under section 1310d(5) is 26
being conducted. 27
(b) An individual who witnessed the alleged misconduct 28
resulting in the hearing under section 1310d(5). 29
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(c) An individual who is involved in the investigation of the 1
alleged misconduct resulting in the hearing under section 1310d(5). 2
(d) An individual who is involved in providing a 3
recommendation as to discipline for the pupil. This subdivision 4
does not prevent an independent decision maker from rendering a 5
determination under subsection (1). 6
(e) An individual who has a personal connection or history of 7
involvement with the pupil for whom the hearing under section 8
1310d(5) is being conducted that conflicts with the individual's 9
ability to be impartial. 10
(10) As used in this section: 11
(a) "Alternative placement recommendation" means an 12
individualized recommendation for a pupil to further the pupil's 13
public education for the duration of the removal, including 14
placement in any of the following: 15
(i) Another school building. 16
(ii) An alternative or disciplinary program. 17
(iii) A cyber school. As used in this subparagraph, "cyber 18
school" means that term as defined in section 551. 19
(iv) An alternative, disciplinary, or virtual program offered 20
by the school district in which the pupil is enrolled or was 21
enrolled before the removal, a neighboring school district, or by 22
an intermediate school district. 23
(v) Home-based or community-based instruction with district-24
provided curriculum. 25
(vi) An adult education program. 26
(vii) A community college if a dual-enrollment relationship 27
exists. 28
(b) "Individualized education program" means that term as 29
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defined in section 1414 of the individuals with disabilities 1
education act, 20 USC 1414. 2
(c) "Individualized education program team" means that term as 3
defined in section 1414 of the individuals with disabilities 4
education act, 20 USC 1414. 5
Enacting section 1. This amendatory act does not take effect 6
unless all of the following bills of the 103rd Legislature are 7
enacted into law: 8
(a) Senate Bill No. 886. 9
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(b) Senate Bill No. 888. 11