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SENATE BILL NO. 888
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1310d (MCL 380.1310d), as added by 2016 PA 360.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1310d. (1) Before suspending or expelling a pupil under 1
section 1310, 1311(1), 1311(2), or 1311a, the board of a school 2
district or intermediate school district or board of directors of a 3
public school academy, or a superintendent, school principal, or 4
other designee under section 1311(1), shall must consider each of 5
the following factors: 6
(a) The pupil's age. 7
March 25, 2026, Introduced by Senators IRWIN, SHINK, CHANG and KLINEFELT and referred
to Committee on Education.
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(b) The pupil's disciplinary history. 1
(c) Whether the pupil is a student with a disability. 2
(d) The seriousness of the violation or behavior committed by 3
the pupil. 4
(e) Whether the violation or behavior committed by the pupil 5
threatened the safety of any pupil or staff member. 6
(f) Whether restorative practices will be used to address the 7
violation or behavior committed by the pupil. 8
(g) Whether a lesser intervention would properly address the 9
violation or behavior committed by the pupil. 10
(h) Whether the pupil is currently or has been a homeless 11
child or youth, and, if so, both of the following: 12
(i) Whether the behavior is related to the pupil's temporary 13
living status, if applicable. 14
(ii) Whether removal would create a barrier to the enrollment 15
and retention of the pupil. 16
(i) Any other relevant factors, including, but not limited to, 17
any adverse childhood experiences, history of trauma, or toxic 18
stress experienced by the pupil and whether a trauma-responsive 19
behavior plan would properly address the violation or behavior 20
committed by the pupil. 21
(2) Except as provided in subsection (3), and subject to 22
subsection (5), this section applies to give the board of a school 23
district or intermediate school district or board of directors of a 24
public school academy, or its designee, discretion over whether or 25
not to suspend or expel a pupil under section 1310, 1311(1), 26
1311(2), or 1311a. In exercising this discretion with regard to For 27
a suspension of more than 10 days or an expulsion, there is a 28
rebuttable presumption that a the suspension or expulsion is not 29
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justified unless the board or board of directors, or its designee, 1
can demonstrate that it considered each of the factors listed under 2
subsection (1) and held a hearing as required under subsection (5). 3
For a suspension of 10 or fewer days, there is no rebuttable 4
presumption, but the board or board of directors, or its designee, 5
shall must consider each of the factors listed under subsection 6
(1). 7
(3) This section does not apply to a pupil being expelled 8
under section 1311(2) for possessing a firearm in a weapon free 9
school zone. 10
(4) Except as provided in subsection (3), consideration of the 11
factors listed in subsection (1) is mandatory before suspending or 12
expelling a student pupil under section 1310, 1311(1), 1311(2), or 13
1311a. The Subject to subsection (5), the method used for 14
consideration of the factors is at the sole discretion of the board 15
of a school district or intermediate school district or board of 16
directors of a public school academy, or its designee. 17
(5) Except as otherwise provided in subsection (3), for the 18
suspension of a pupil for more than 10 days, the alternative 19
placement of a pupil for more than 10 days, or an expulsion, the 20
board of a school district or intermediate school district or board 21
of directors of a public school academy, or its designee, shall do 22
both of the following: 23
(a) Hold a hearing that complies with the requirements of 24
section 1310g not later than 10 school days after the beginning of 25
the removal or suspension, alternative placement described in this 26
subsection, or expulsion, unless the pupil or the pupil's parent or 27
legal guardian has agreed to or requested a delay. The hearing must 28
not proceed if the pupil or the pupil's parent or legal guardian 29
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has agreed to or requested a delay. 1
(b) Not less than 5 days before the hearing described in 2
subdivision (a), give notice, subject to state and federal privacy 3
laws, by telephone and by mail or email to the pupil and the 4
pupil's parent or legal guardian of all of the following: 5
(i) The specific disciplinary complaint against the pupil, 6
including a complete written description of the incident leading to 7
removal. 8
(ii) The time, date, and place of the hearing described in 9
subdivision (a). 10
(iii) The justification for the disciplinary decision. 11
(iv) A summary of the evidence that will be presented against 12
the pupil. 13
(v) A copy of all documents and evidence relevant to the 14
incident, including, but not limited to, witness statements. 15
(vi) A copy of all materials reviewed in investigating the 16
incident, including, but not limited to, video recordings. 17
(vii) An explanation of the hearing procedures and the pupil's 18
rights, including, but not limited to, the pupil's right to be 19
represented by an attorney or a non-attorney advocate at the 20
hearing described in subdivision (a). 21
(viii) A statement that it is possible under applicable law that 22
any testimony the pupil gives in the presence of law enforcement 23
officers may be used against the pupil in a court of law at a 24
future date. 25
(ix) Notice that the pupil, or the pupil's parent, legal 26
guardian, or representative described in subparagraph (vii), may 27
request a closed hearing without the presence of the public, law 28
enforcement officers, or security guards except as necessary for 29
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the safety of the participants in the hearing. 1
(x) All of the following that do not preclude a school 2
district, intermediate school district, or public school academy 3
from providing available and appropriate educational services 4
immediately upon the removal of the pupil: 5
(A) Access to missed assignments and exams that were assigned 6
or occurred as of the date of the removal of the pupil and 7
information on how the pupil may, as applicable, submit those 8
assignments and exams for credit. 9
(B) Information concerning access to available and appropriate 10
services for the pupil before the hearing date, including, but not 11
limited to, at least all of the following: 12
(I) Any applicable plans in place for excusing assignments, as 13
needed. 14
(II) Information concerning how the pupil may access upcoming 15
assignments and instructional materials. 16
(III) Information concerning how the pupil may access in-17
person or virtual tutoring, instructors, home or community-based 18
instruction, alternative instruction or testing opportunities, 19
transportation, social work support, and support from a homeless or 20
foster care liaison, as available. 21
(6) A copy of a document provided under subsection (5) may be 22
redacted, if necessary, to protect pupil privacy. 23
(7) (5) As used in this section: 24
(a) "Adverse childhood experiences" means potentially 25
traumatic events that occur at birth or at any age before age 18, 26
and include, but are not limited to: 27
(i) Experiencing violence, abuse, or neglect. 28
(ii) Witnessing violence in the home or community. 29
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(iii) Having a family member attempt or die by suicide. 1
(iv) Aspects of a child's environment that can undermine the 2
child's sense of safety, stability, and bonding, such as growing up 3
in a household with substance-use problems, mental-health problems, 4
or instability due to parental separation or household members 5
being in jail or prison. 6
(b) (a) "Expel" means to exclude a pupil from school for 7
disciplinary reasons for a period of 60 or more school days. 8
(c) (b) "Firearm" means that term as defined in section 1311. 9
(d) "Homeless child or youth" means a child or youth who meets 10
the definition of homeless children and youths as that term is 11
defined in 42 USC 11434a. 12
(e) (c) "Suspend" means to exclude a pupil from school for 13
disciplinary reasons for a period of fewer than 60 school days. 14
(f) "Toxic stress" means responses that can occur when a child 15
experiences strong, frequent, or prolonged adversity, including, 16
but not limited to, physical or emotional abuse, chronic neglect, 17
caregiver substance abuse or mental illness, exposure to violence, 18
or the accumulated burdens of family economic hardship without 19
adequate adult support, that, if prolonged, can disrupt the 20
development of the brain's architecture and other organ systems and 21
increase the risk for stress-related diseases and cognitive 22
impairment into adulthood. 23
(g) "Trauma" is a frightening, dangerous, or violent event 24
that poses a threat to a child's life or bodily integrity, 25
including, but not limited to, physical, sexual, or psychological 26
abuse and neglect, including, but not limited to, trafficking; 27
natural and technological disasters or terrorism; family or 28
community violence; sudden or violent loss of a loved one; personal 29
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or familial substance-use disorder; refugee and war experiences, 1
including, but not limited to, torture; serious accidents or life-2
threatening illness or military family-related stressors, 3
including, but not limited to, military deployment or the loss or 4
injury of a parent or legal guardian. Trauma may solicit reactions 5
that are influenced by the severity of the trauma, proximity to the 6
trauma, caregivers' reactions to the trauma, a prior history of 7
trauma, and family and community factors. 8
(h) (d) "Weapon free school zone" means that term as defined 9
in section 1311. 10
Enacting section 1. This amendatory act does not take effect 11
unless all of the following bills of the 103rd Legislature are 12
enacted into law: 13
(a) Senate Bill No. 886. 14
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(b) Senate Bill No. 887. 16