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SENATE BILL NO. 952
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 1310d, 1311, 1526, 1527, 1531, and 1711 (MCL
380.1310d, 380.1311, 380.1526, 380.1527, 380.1531, and 380.1711),
section 1310d as added by 2016 PA 360, section 1311 as amended by
2018 PA 145, sections 1526 and 1531 as amended by 2023 PA 110,
section 1527 as amended by 2014 PA 484, and section 1711 as amended
by 2016 PA 532, and by adding sections 1531k, 1537, 1712, and 1810.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1310d. (1) Before suspending or expelling a pupil under 1
May 12, 2026, Introduced by Senator BELLINO and referred to Committee on Education.
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section 1310, 1311(1), 1311(2), or 1311a, the board of a school 1
district or intermediate school district or board of directors of a 2
public school academy, or a superintendent, school principal, or 3
other designee under section 1311(1), shall consider each of the 4
following factors: 5
(a) The pupil's age. 6
(b) The pupil's disciplinary history. 7
(c) Whether the pupil is a student with a disability. 8
(d) The seriousness of the violation or behavior committed by 9
the pupil. 10
(e) Whether the violation or behavior committed by the pupil 11
threatened the safety of any pupil or staff member. 12
(f) Whether restorative practices will be used to address the 13
violation or behavior committed by the pupil. 14
(g) Whether a lesser intervention would properly address the 15
violation or behavior committed by the pupil. 16
(2) Except as provided in subsection (3), this section applies 17
to give the board of a school district or intermediate school 18
district or board of directors of a public school academy, or its 19
designee, discretion over whether or not to suspend or expel a 20
pupil under section 1310, 1311(1), 1311(2), or 1311a. In exercising 21
this discretion with regard to a suspension of more than 10 days or 22
an expulsion, there is a rebuttable presumption that a suspension 23
or expulsion is not justified unless the board or board of 24
directors, or its designee, can demonstrate that it considered each 25
of the factors listed under subsection (1). For a suspension of 10 26
or fewer days, there is no rebuttable presumption, but the board or 27
board of directors, or its designee, shall consider each of the 28
factors listed under subsection (1). 29
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(3) This section does not apply to a pupil being expelled 1
under section 1311(2) for possessing a firearm in a weapon free 2
weapon-free school zone. If a student with a disability possesses a 3
firearm in a weapon-free school zone, the board of the pupil's 4
school district or intermediate school district or board of 5
directors of the pupil's public school academy, or a 6
superintendent, school principal, or other designee under section 7
1311(1), shall investigate whether the possession of the firearm 8
was a manifestation of the student's disability and whether any 9
policy changes could prevent reoccurrence in the future. 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 under section 1310, 1311(1), 1311(2), or 1311a. 13
The method used for consideration of the factors is at the sole 14
discretion of the board of a school district or intermediate school 15
district or board of directors of a public school academy, or its 16
designee. 17
(5) Subject to subsection (6), before expulsion of a student 18
with a disability or suspension of a student with a disability for 19
more than 10 days, the board of a school district or intermediate 20
school district or board of directors of a public school academy, 21
or a superintendent, school principal, or other designee under 22
section 1311(1), must first ensure all of the following: 23
(a) That a functional behavioral assessment and behavior 24
intervention plan has been completed to identify the cause of 25
behaviors that impede the student's learning or the learning of 26
others, including behaviors related to the student's disability. 27
(b) That a behavior intervention plan based on the functional 28
behavioral assessment under subdivision (a) has been developed, 29
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implemented, and documented. The behavior intervention plan must 1
include positive behavioral supports, accommodations, and evidence-2
based interventions designed to address the student's disability-3
related needs, consistent with the individuals with disabilities 4
education act, public law 108-446, this act, the Michigan 5
administrative rules for special education, R 340.1701 to 340.1862, 6
and section 504 of title V of the rehabilitation act of 1973, 29 7
USC 794. 8
(c) That the school board or board of directors, or the school 9
board's or board of director's designee has obtained, reviewed, and 10
written guidance from legal counsel or a compliance officer 11
knowledgeable in the individuals with disabilities education act, 12
public law 108-446, this act, the Michigan administrative rules for 13
special education, R 340.1701 to 340.1862, section 504 of title V 14
of the rehabilitation act of 1973, 29 USC 794, and title II of the 15
Americans with disabilities act of 1990, Public Law 101-336, 16
confirming that the proposed suspension or expulsion does not 17
violate a student's legal rights. Documentation of this review must 18
be retained in the student's record. 19
(d) That the school board or the school board's designee has 20
demonstrated that the suspension or expulsion is not a disciplinary 21
action based solely on behaviors caused by the student's disability 22
and that all reasonable interventions, supports, and modifications 23
were attempted or considered. 24
(e) That the student's parents or legal guardians are notified 25
and involved in the functional behavioral assessment under 26
subdivision (a) and the behavior intervention plan under 27
subdivision (b) and provided with meaningful opportunities to 28
participate in planning and decision making regarding discipline. 29
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(6) A student with a disability may remain expelled or 1
suspended while the determination under subsection (5) takes place 2
if the board of the student's school district or intermediate 3
school district or board of directors of the student's public 4
school academy believes that the student's presence presents a 5
threat to the health and safety of students and school personnel. 6
(7) The board of a school district or intermediate school 7
district or board of directors of a public school academy shall 8
annually provide the department with a report containing all 9
suspensions and expulsions of students with disabilities. 10
(8) (5) As used in this section: 11
(a) "Expel" means to exclude a pupil from school for 12
disciplinary reasons for a period of 60 or more school days. 13
(b) "Firearm" means that term as defined in section 1311. 14
(c) "Suspend" means to exclude a pupil from school for 15
disciplinary reasons for a period of fewer than 60 school days. 16
(d) "Weapon free "Weapon-free school zone" means that term as 17
defined in section 1311. 18
Sec. 1311. (1) Subject to subsection (2), the school board, or 19
the school district superintendent, a school building principal, or 20
another school district official if designated by the school board, 21
may authorize or order the suspension or expulsion from school of a 22
pupil who commits criminal sexual conduct against another pupil 23
enrolled in the same school district or a pupil guilty of gross 24
misdemeanor or persistent disobedience if, in the judgment of the 25
school board or its designee, as applicable, the interest of the 26
school is served by the authorization or order. If there is 27
reasonable cause to believe that the pupil is a student with a 28
disability, and the school district has not evaluated the pupil in 29
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accordance with section 1711 and the rules of the superintendent of 1
public instruction to determine if the pupil is a student with a 2
disability, the pupil shall must be evaluated immediately by the 3
intermediate school district of which the school district is 4
constituent in accordance with section 1711. 5
(2) Subject to subsection (3) and section 1310d, if a pupil 6
possesses in a weapon free weapon-free school zone a weapon that 7
constitutes a dangerous weapon, commits arson in a school building 8
or on school grounds, commits criminal sexual conduct in a school 9
building or on school grounds, or pleads to, is convicted of, or is 10
adjudicated for criminal sexual conduct against another pupil 11
enrolled in the same school district, the school board, or the 12
designee of the school board as described in subsection (1) on 13
behalf of the school board, shall expel the pupil from the school 14
district permanently, subject to possible reinstatement under 15
subsection (6). However, a school board is not required to expel a 16
pupil for possessing a weapon if the pupil establishes in a clear 17
and convincing manner at least 1 of the following: 18
(a) The object or instrument possessed by the pupil was not 19
possessed by the pupil for use as a weapon, or for direct or 20
indirect delivery to another individual for use as a weapon. 21
(b) The weapon was not knowingly possessed by the pupil. 22
(c) The pupil did not know or have reason to know that the 23
object or instrument possessed by the pupil constituted a dangerous 24
weapon. 25
(d) The weapon was possessed by the pupil at the suggestion, 26
request, or direction of, or with the express permission of, school 27
or police authorities. 28
(3) There is a rebuttable presumption that expulsion under 29
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subsection (2) for possession of a weapon is not justified if both 1
of the following are met: 2
(a) The school board or its designee determines in writing 3
that at least 1 of the factors listed in subsection (2)(a) to (d) 4
has been established in a clear and convincing manner. 5
(b) The pupil has no history of suspension or expulsion. 6
(4) If an individual is expelled under subsection (2), the 7
expelling school district shall enter on the individual's permanent 8
record that he or she the individual has been expelled under 9
subsection (2). Except if a school district operates or 10
participates cooperatively in an alternative education program 11
appropriate for individuals expelled under subsection (2) and in 12
its discretion admits the individual to that program, and except 13
for a strict discipline academy established under sections 1311b to 14
1311m or a cyber school as defined in section 551, an individual 15
expelled under subsection (2) is expelled from all public schools 16
in this state and the officials of a school district shall not 17
allow the individual to enroll in the school district unless the 18
individual has been reinstated under subsection (6). Except as 19
otherwise provided by law, a program operated for individuals 20
expelled under subsection (2) shall must ensure that those 21
individuals are physically separated at all times during the school 22
day from the general pupil population. If an individual expelled 23
from a school district under subsection (2) is not placed in an 24
alternative education program, strict discipline academy, or cyber 25
school, the school district may provide, or may arrange for the 26
intermediate school district to provide, appropriate instructional 27
services to the individual at home. The type of services provided 28
shall must meet the requirements of section 6(4)(u) of the state 29
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school aid act of 1979, MCL 388.1606, and the services may be 1
contracted for in the same manner as services for homebound pupils 2
under section 109 of the state school aid act of 1979, MCL 3
388.1709. This subsection does not require a school district to 4
expend more money for providing services for a pupil expelled under 5
subsection (2) than the amount of the foundation allowance the 6
school district receives for the pupil as calculated under section 7
20 of the state school aid act of 1979, MCL 388.1620. 8
(5) If a school board expels an individual under subsection 9
(2), the school board shall ensure that, within 3 days after the 10
expulsion, an official of the school district refers the individual 11
to the appropriate county department of social services or county 12
community mental health agency and notifies the individual's parent 13
or legal guardian or, if the individual is at least age 18 or is an 14
emancipated minor, notifies the individual of the referral. 15
(6) The parent or legal guardian of an individual expelled 16
under subsection (2) or, if the individual is at least age 18 or is 17
an emancipated minor, the individual may petition the expelling 18
school board for reinstatement of the individual to public 19
education in the school district. If the expelling school board 20
denies a petition for reinstatement, the parent or legal guardian 21
or, if the individual is at least age 18 or is an emancipated 22
minor, the individual may petition another school board for 23
reinstatement of the individual in that other school district. All 24
of the following apply to reinstatement under this subsection: 25
(a) For an individual who was enrolled in grade 5 or below at 26
the time of the expulsion and who has been expelled for possessing 27
a firearm or threatening another person with a dangerous weapon, 28
the parent or legal guardian or, if the individual is at least age 29
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18 or is an emancipated minor, the individual may initiate a 1
petition for reinstatement at any time after the expiration of 60 2
school days after the date of expulsion. For an individual who was 3
enrolled in grade 5 or below at the time of the expulsion and who 4
has been expelled under subsection (2) for a reason other than 5
possessing a firearm or threatening another person with a dangerous 6
weapon, the parent or legal guardian or, if the individual is at 7
least age 18 or is an emancipated minor, the individual may 8
initiate a petition for reinstatement at any time. For an 9
individual who was in grade 6 or above at the time of expulsion, 10
the parent or legal guardian or, if the individual is at least age 11
18 or is an emancipated minor, the individual may initiate a 12
petition for reinstatement at any time after the expiration of 150 13
school days after the date of expulsion. 14
(b) An individual who was in grade 5 or below at the time of 15
the expulsion and who has been expelled for possessing a firearm or 16
threatening another person individual with a dangerous weapon shall 17
must not be reinstated before the expiration of 90 school days 18
after the date of expulsion. An individual who was in grade 5 or 19
below at the time of the expulsion and who has been expelled under 20
subsection (2) for a reason other than possessing a firearm or 21
threatening another person individual with a dangerous weapon shall 22
must not be reinstated before the expiration of 10 school days 23
after the date of the expulsion. An individual who was in grade 6 24
or above at the time of the expulsion shall must not be reinstated 25
before the expiration of 180 school days after the date of 26
expulsion. 27
(c) It is the responsibility of the parent or legal guardian 28
or, if the individual is at least age 18 or is an emancipated 29
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minor, of the individual to prepare and submit the petition. A 1
school board is not required to provide any assistance in preparing 2
the petition. Upon request by a parent or legal guardian or, if the 3
individual is at least age 18 or is an emancipated minor, by the 4
individual, a school board shall make available a form for a 5
petition. 6
(d) Not later than 10 school days after receiving a petition 7
for reinstatement under this subsection, a school board shall 8
appoint a committee to review the petition and any supporting 9
information submitted by the parent or legal guardian or, if the 10
individual is at least age 18 or is an emancipated minor, by the 11
individual. The committee shall must consist of 2 school board 12
members, 1 school administrator, 1 teacher, and 1 parent of a pupil 13
in the school district. During this time the superintendent of the 14
school district may prepare and submit for consideration by the 15
committee information concerning the circumstances of the expulsion 16
and any factors mitigating for or against reinstatement. 17
(e) Not later than 10 school days after all members are 18
appointed, the committee described in subdivision (d) shall review 19
the petition and any supporting information and information 20
provided by the school district and shall submit a recommendation 21
to the school board on the issue of reinstatement. The 22
recommendation shall must be for unconditional reinstatement, for 23
conditional reinstatement, or against reinstatement, and shall must 24
be accompanied by an explanation of the reasons for the 25
recommendation and of any recommended conditions for reinstatement. 26
The recommendation shall must be based on consideration of all of 27
the following factors: 28
(i) The extent to which reinstatement of the individual would 29
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create a risk of harm to pupils or school personnel. 1
(ii) The extent to which reinstatement of the individual would 2
create a risk of school district liability or individual liability 3
for the school board or school district personnel. 4
(iii) The age and maturity of the individual. 5
(iv) The individual's school record before the incident that 6
caused the expulsion. 7
(v) The individual's attitude concerning the incident that 8
caused the expulsion. 9
(vi) The individual's behavior since the expulsion and the 10
prospects for remediation of the individual. 11
(vii) If the petition was filed by a parent or legal guardian, 12
the degree of cooperation and support that has been provided by the 13
parent or legal guardian and that can be expected if the individual 14
is reinstated, including, but not limited to, receptiveness toward 15
possible conditions placed on the reinstatement. 16
(f) Not later than the next regularly scheduled board meeting 17
after receiving the recommendation of the committee under 18
subdivision (e), a school board shall make a decision to 19
unconditionally reinstate the individual, conditionally reinstate 20
the individual, or deny reinstatement of the individual. The 21
decision of the school board is final. 22
(g) A school board may require an individual and, if the 23
petition was filed by a parent or legal guardian, his or her the 24
individual's parent or legal guardian to agree in writing to 25
specific conditions before reinstating the individual in a 26
conditional reinstatement. The conditions may include, but are not 27
limited to, agreement to a behavior contract, which may involve the 28
individual, parent or legal guardian, and an outside agency; 29
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participation in or completion of an anger management program or 1
other appropriate counseling; periodic progress reviews; and 2
specified immediate consequences for failure to abide by a 3
condition. A parent or legal guardian or, if the individual is at 4
least age 18 or is an emancipated minor, the individual may include 5
proposed conditions in a petition for reinstatement submitted under 6
this subsection. 7
(7) A school board or school administrator that complies with 8
subsection (2) is not liable for damages for expelling a pupil 9
under subsection (2), and the authorizing body of a public school 10
academy is not liable for damages for expulsion of a pupil by the 11
public school academy under subsection (2). 12
(8) The department shall develop and distribute to all school 13
districts a form for a petition for reinstatement to be used under 14
subsection (6). 15
(9) This section does not diminish any rights under federal 16
law of a pupil who has been determined to be eligible for special 17
education programs and services. 18
(10) If a pupil expelled from a public school district under 19
subsection (2) is enrolled by a public school district sponsored 20
alternative education program or a public school academy during the 21
period of expulsion, the public school academy or alternative 22
education program shall immediately become becomes eligible for the 23
prorated share of either the public school academy or operating 24
school district's foundation allowance or the expelling school 25
district's foundation allowance, whichever is higher. 26
(11) If an individual is expelled under subsection (2), it is 27
the responsibility of that individual and of his or her the 28
individual's parent or legal guardian to locate a suitable 29
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alternative educational program and to enroll the individual in 1
such a program during the expulsion. The office of safe schools in 2
the department shall compile information on and catalog existing 3
alternative education programs or schools and nonpublic schools 4
that may be open to enrollment of individuals expelled under 5
subsection (2) and under section 1311a, and shall periodically 6
distribute this information to school districts for distribution to 7
expelled individuals. A school board that establishes an 8
alternative education program or school described in this 9
subsection shall notify the office of safe schools about the 10
program or school and the types of pupils it serves. The office of 11
safe schools also shall work with and provide technical assistance 12
to school districts, authorizing bodies for public school 13
academies, and other interested parties in developing these types 14
of alternative education programs or schools in geographic areas 15
that are not being served. 16
(12) As used in this section: 17
(a) "Arson" means a felony violation of chapter X of the 18
Michigan penal code, 1931 PA 328, MCL 750.71 to 750.79. 19
(b) "Criminal sexual conduct" means a violation of section 20
520b, 520c, 520d, 520e, or 520g of the Michigan penal code, 1931 PA 21
328, MCL 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g. 22
(c) "Dangerous weapon" means that term as defined in section 23
1313. 24
(d) "Firearm" means that term as defined in section 921 of 25
title 18 of the United States Code, 18 USC 921. 26
(e) "School board" means a school board, intermediate school 27
board, or the board of directors of a public school academy. 28
(f) "School district" means a school district, intermediate 29
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school district, or public school academy. 1
(g) "Weapon free "Weapon-free school zone" means that term as 2
defined in section 237a of the Michigan penal code, 1931 PA 328, 3
MCL 750.237a. 4
Sec. 1526. (1) For the first 3 years of his or her a teacher's 5
employment in classroom teaching, a the teacher must be assigned by 6
the school in which he or she teaches to 1 or more master teachers, 7
or college professors or retired master teachers, who shall act as 8
a mentor or mentors to the teacher. During the 3-year period, the 9
teacher must also receive intensive professional development 10
induction into teaching, based on a professional development plan 11
that is consistent with the requirements of section 3a of article 12
II of 1937 (Ex Sess) PA 4, MCL 38.83a, including classroom 13
management and instructional delivery. Subject to subsection (2), 14
during the 3-year period, the intensive professional development 15
induction into teaching must consist of at least 15 days of 16
professional development, the experiencing of effective practices 17
in university-linked professional development schools, and regional 18
seminars conducted by master teachers and other mentors. 19
(2) Except as otherwise provided in this subsection, for 20
teachers employed in classroom teaching on or after August 1, 2023, 21
except for individuals who have physical limitations that make it 22
impracticable for the individual to complete the course and 23
instruction and obtain the required certification under this 24
subsection, the 15 days of professional development described in 25
subsection (1) must include a course approved by the department in 26
first aid and cardiopulmonary resuscitation that includes a test 27
demonstration on a mannequin and instruction in foreign body airway 28
obstruction management that results in valid certification in these 29
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topics issued by the American Red Cross, American Heart 1
Association, or a comparable organization or institution approved 2
by the department. The course, instruction, and certification 3
required under this subsection must be completed within the first 4
year of the 3-year period described in subsection (1). This 5
subsection does not apply to an individual who has successfully 6
completed a course and instruction and holds the valid 7
certification as described in this subsection. 8
(3) An individual who has completed the course and instruction 9
and obtained the certification described in subsection (2) and who 10
performs first aid, cardiopulmonary resuscitation, or foreign body 11
airway obstruction management on another individual in the course 12
of his or her the individual's employment as a teacher is not 13
liable in a civil action for damages resulting from an act or 14
omission occurring in that performance except for an act or 15
omission constituting gross negligence or willful or wanton 16
misconduct. 17
(4) Not less than 25% of the 15 days of professional 18
development described in subsection (1) must be devoted to 19
competencies in special education, including, but not limited to, 20
the following: 21
(a) Federal and state special education law, including at 22
least the following: 23
(i) The individuals with disabilities education act, public law 24
108-446. 25
(ii) The Americans with disabilities act of 1990, public law 26
101-336. 27
(iii) Section 504 of title V of the rehabilitation act of 1973, 28
29 USC 794. 29
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(b) Instructional strategies for inclusive classrooms. 1
(c) Identification and support of students with disabilities. 2
(d) Collaboration with special education staff and 3
individualized education program teams. 4
Sec. 1527. (1) The board of each a school district , or 5
intermediate school district , or board of directors of a public 6
school academy shall provide at least not less than 5 days of 7
teacher professional development each school year. 8
(2) A state-approved nonpublic school may provide teacher 9
professional development for nonpublic school teachers. The 10
department shall credit this professional development toward the 11
issuance or renewal of a teaching certificate or endorsement to the 12
same extent as professional development provided by a public school 13
is credited for its teachers for those purposes if the department 14
determines that all of the following are met: 15
(a) The professional development provides substantially the 16
same program content as professional development provided by a 17
public school that is credited by the department toward the 18
issuance or renewal of a teaching certificate or endorsement. 19
(b) The nonpublic school submits to the same auditing and 20
documentation requirements for professional development as a public 21
school. 22
(3) Professional development days provided under this section 23
shall are not be counted toward the professional development 24
required under section 1526. 25
(4) Not less than 25% of the professional development hours 26
required under subsection (1) must be devoted to competencies in 27
special education, including, but not limited to, the following: 28
(a) Federal and state special education law, including at 29
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least the following: 1
(i) The individuals with disabilities education act, public law 2
108-446. 3
(ii) The Americans with disabilities act of 1990, public law 4
101-336. 5
(iii) Section 504 of title V of the rehabilitation act of 1973, 6
29 USC 794. 7
(b) Instructional strategies for inclusive classrooms. 8
(c) Identification and support of students with disabilities. 9
(d) Collaboration with special education staff and 10
individualized education program teams. 11
Sec. 1531. (1) Except as otherwise provided in this act, the 12
superintendent of public instruction shall determine the 13
requirements for and issue all licenses, certificates, and 14
endorsements for teachers, including preprimary teachers and 15
teachers as counselors, in the public schools of this state. 16
(2) Except as otherwise provided in this act, the 17
superintendent of public instruction shall only issue a teaching 18
certificate or additional endorsement to an individual who has 19
passed appropriate available examinations. 20
The superintendent of public instruction may accept passage of 21
an equivalent examination approved by the superintendent of public 22
instruction to meet this requirement for an individual holding a 23
teaching certificate from another state, country, or federally 24
recognized Indian tribe. 25
(3) Except as otherwise provided in this act, the 26
superintendent of public instruction shall only issue a teaching 27
certificate to an individual who has met the elementary or 28
secondary, as applicable, reading credit requirements established 29
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under superintendent of public instruction rule. If an individual 1
holds a teaching certificate, notwithstanding any rule to the 2
contrary, the superintendent of public instruction shall not 3
advance the individual's certification to professional 4
certification unless the individual has successfully completed at 5
least a 3-credit course of study with appropriate field experiences 6
in the diagnosis and remediation of reading disabilities and 7
differentiated instruction. To meet this requirement, the course of 8
study should include the following elements, as determined by the 9
department to be appropriate for the individual's certification 10
level and endorsements: interest inventories, English language 11
learning screening, visual and auditory discrimination tools, 12
language expression and processing screening, phonemics, phonics, 13
vocabulary, fluency, comprehension, spelling and writing assessment 14
tools, and instructional strategies. An individual may complete the 15
course of study as part of his or her the individual's teacher 16
preparation program. 17
(4) Any revisions to existing reading standards must include 18
the recognition of reading disorders and enable teachers to make 19
referrals for instruction and support for pupils with reading 20
disorders. 21
(5) Subject to subsection (8), if an individual holding a 22
teaching certificate from another state, country, or federally 23
recognized Indian tribe applies to the superintendent of public 24
instruction for a Michigan teaching certificate and meets the 25
requirements of this subsection, the superintendent of public 26
instruction shall issue to the individual a Michigan teaching 27
certificate and endorsements comparable to those the individual 28
holds in the other state or country or with the federally 29
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recognized Indian tribe without requiring the individual to pass 1
the appropriate examinations otherwise required under subsection 2
(2) or to complete the reading credit requirement established under 3
superintendent of public instruction rule as described in 4
subsection (3). To be eligible to receive a Michigan teaching 5
certificate under this subsection, an individual shall provide 6
evidence satisfactory to the department that he or she has taught 7
successfully for at least 3 years in a position for which the 8
individual's teaching certification from the other state, country, 9
or federally recognized Indian tribe was valid. 10
(6) Subject to subsection (8), an individual holding a 11
teaching certificate from another state, country, or federally 12
recognized Indian tribe is eligible for a Michigan professional 13
education certificate if the individual meets both of the 14
following: 15
(a) The individual has taught successfully for at least 3 16
years in a position for which the individual's teaching 17
certification from the other state, country, or federally 18
recognized Indian tribe was valid. 19
(b) The individual meets the elementary or secondary, as 20
applicable, reading credit requirement established under 21
superintendent of public instruction rule as described in 22
subsection (3). 23
(7) Subject to subsection (8), if an individual holding a 24
teaching certificate from another state, country, or federally 25
recognized Indian tribe applies to the superintendent of public 26
instruction for an additional endorsement on a valid Michigan 27
teaching certificate and meets the requirements of this subsection, 28
the superintendent of public instruction shall issue the individual 29
20
CRM S05522'25_SB0952_INTR_1 jhs9u6
an endorsement comparable to that which the individual holds in the 1
other state or country or with the federally recognized Indian 2
tribe without requiring that the individual pass the appropriate 3
available examinations otherwise required under subsection (2). To 4
be eligible to receive an additional endorsement under this 5
subsection, an individual shall provide evidence satisfactory to 6
the department that he or she has taught successfully for at least 7
3 years in a position for which the individual's teaching 8
endorsement from the other state, country, or federally recognized 9
Indian tribe is valid. 10
(8) The superintendent of public instruction shall deny a 11
Michigan teaching certificate or endorsement to an individual 12
described in subsection (5), (6), or (7) for fraud, material 13
misrepresentation, or concealment in the individual's application 14
for a certificate or for a conviction for which an individual's 15
teaching certificate may be suspended or revoked under section 16
1535a. 17
(9) For the purposes of this section, the superintendent of 18
public instruction, based upon criteria recommended by a committee 19
of teachers, representatives of approved teacher education 20
institutions, Michigan education organizations and associations, 21
and experts in measurement and assessment, shall develop, select, 22
or develop and select 1 or more subject area examinations. In 23
addition, the superintendent of public instruction, based upon 24
criteria recommended by the committee described in this subsection, 25
shall approve a reading subtest to be taken and passed by 26
individuals seeking pre-K to grade 3 or grade 3 to grade 6-level 27
endorsement. If the department develops for use under this 28
subsection an examination that had previously been contracted for 29
21
CRM S05522'25_SB0952_INTR_1 jhs9u6
using a competitive bid process, then the department shall not 1
expend on the development of that examination an amount that 2
exceeds the amount that the department expended on procurement of 3
the most recent competitively-bid version of that examination. The 4
competitive bid process must address validity, reliability, and 5
other technical standards of the examinations and of the 6
appropriate administration and use of those examinations. 7
(10) Not later than November 30 of each year, the 8
superintendent of public instruction shall submit in writing a 9
report on the development or selection and use of the subject area 10
examinations to the house and senate education committees. The 11
report must also contain a financial statement regarding revenue 12
received from the assessment of fees levied under subsection (12) 13
and the amount of and any purposes for which that revenue was 14
expended. 15
(11) The examinations required by this section may be taken at 16
different times during an approved teacher preparation program, but 17
the examinations, as applicable, must be passed before an 18
individual is recommended for certification. 19
(12) The department, or if approved by the superintendent of 20
public instruction, a private testing service, may assess fees for 21
taking the appropriate available examinations described in 22
subsection (2). The fees, which must be set by the superintendent 23
of public instruction, must not exceed the actual cost of the 24
examination and of administering the examination. Fees received by 25
the department must be expended solely for administrative expenses 26
that it incurs in implementing this section. If the superintendent 27
of public instruction increases a fee charged for an examination 28
under this subsection, at least 1 year before implementing the fee 29
22
CRM S05522'25_SB0952_INTR_1 jhs9u6
increase, the department shall notify each approved teacher 1
education institution of the amount of the fee increase. An 2
approved teacher education institution shall notify each of its 3
affected students of the timing and amount of such a fee increase. 4
(13) If an individual holding a teaching certificate from 5
another state, country, or federally recognized Indian tribe 6
applies for a Michigan teaching certificate and meets all 7
requirements for the Michigan teaching certificate except passage 8
of the appropriate available examinations under subsection (2) or 9
the reading credit requirement under subsection (3), the 10
superintendent of public instruction shall issue a nonrenewable 11
temporary teaching certificate, good for 1 year, to the individual. 12
The superintendent of public instruction shall not issue a Michigan 13
teaching certificate to the individual after expiration of the 14
temporary teaching certificate unless the individual has met the 15
requirements of this section. 16
(14) As used in this section: 17
(a) "Additional endorsement" means an endorsement added to a 18
Michigan teaching certificate after initial issuance of the 19
certificate. 20
(b) "An individual holding a teaching certificate from another 21
state, country, or federally recognized Indian tribe" means an 22
individual with a valid teaching certificate or an individual who 23
is eligible for a teaching certificate in the state or country or 24
with the federally recognized Indian tribe in which or with which 25
the individual is certificated or eligible for certification. 26
(c) "Subject area examination" means an examination related to 27
an endorsement area for the purpose of demonstrating the 28
applicant's knowledge and understanding of the subject matter and 29
23
CRM S05522'25_SB0952_INTR_1 jhs9u6
determining whether or not an applicant is eligible for a Michigan 1
teaching certificate or endorsement. 2
(15) The superintendent of public instruction shall promulgate 3
rules for the implementation of this section. 4
(16) Rules promulgated under subsection (15) must require that 5
an individual seeking renewal of the individual's teaching 6
certificate complete not less than 30 hours of continuing education 7
on special education. Professional development received under 8
section 1526 or 1527 may be used for completion of the continuing 9
education requirement under this subsection. 10
(17) (16) Not later than January 1, 2019, the The 11
superintendent of public instruction, in consultation with the 12
department of labor and economic opportunity and groups or 13
individuals representing employers, economic development agencies, 14
trade unions, secondary school principals, middle and elementary 15
school principals, teachers, school district and intermediate 16
school district superintendents, and others as determined 17
appropriate by the department, shall promulgate rules to allow an 18
individual to use time spent engaging with local employers or 19
technical centers toward the renewal of a teaching certificate in 20
the same manner as state continuing education or professional 21
development. 22
Sec. 1531k. In addition to the requirements under sections 23
1538a and 1531i, as applicable, the department shall not approve a 24
teacher preparation program or an alternative teaching program, and 25
shall revoke the approval of a teacher preparation program or an 26
alternative teaching program, unless the teacher preparation 27
program or alternative teaching program offers instruction 28
regarding all of the following: 29
24
CRM S05522'25_SB0952_INTR_1 jhs9u6
(a) The obligation of public school personnel to identify, 1
locate, and evaluate all children suspected of having a disability 2
under the individuals with disabilities education act, public law 3
108-446. 4
(b) Behavioral interventions for pupils with disabilities. 5
(c) Developing, implementing, and evaluating individualized 6
education programs. 7
(d) Requirements imposed by section 504 of title V of the 8
rehabilitation act of 1973, 29 USC 794. 9
Sec. 1537. The state board shall not reissue or renew a school 10
administrator's certificate described in section 1536 unless the 11
individual seeking the certificate has, within the last 3 years, 12
completed a scenario-based competency assessment determined by the 13
department that covers the legal requirements of the individuals 14
with disabilities education act, public law 108-446, and section 15
504 of title V of the rehabilitation act of 1973, 29 USC 794. 16
Sec. 1711. (1) The intermediate school board shall do all of 17
the following: 18
(a) Develop, establish, and continually evaluate and modify in 19
cooperation with its constituent districts, a plan for special 20
education that provides for the delivery of special education 21
programs and services designed to meet the individual needs of each 22
student with a disability of whom the intermediate school board is 23
required to maintain a record under subdivision (f). The plan shall 24
must coordinate the special education programs and services 25
operated or contracted for by the constituent districts and shall 26
must be submitted to the superintendent of public instruction for 27
approval. 28
(b) Contract for the delivery of a special education program 29
25
CRM S05522'25_SB0952_INTR_1 jhs9u6
or service, in accordance with the intermediate school district 1
plan in compliance with section 1701. Under the contract the 2
intermediate school board may operate special education programs or 3
services and furnish transportation services and room and board. 4
(c) Employ or engage special education personnel in accordance 5
with the intermediate school district plan, and appoint a director 6
of special education meeting the qualifications and requirements of 7
the rules promulgated by the superintendent of public instruction. 8
(d) Accept and use available funds or contributions from 9
governmental or private sources for the purpose of providing 10
special education programs and services consistent with this 11
article. 12
(e) Lease, purchase, or otherwise acquire vehicles, sites, 13
buildings, or portions thereof, and equip them for its special 14
education staff, programs, and services. 15
(f) Maintain a record of each student with a disability under 16
26 years of age, who is a resident of 1 of its constituent 17
districts and who has not graduated from high school, and the 18
special education programs or services in which the student with a 19
disability is participating on the fourth Friday after Labor Day 20
and Friday before Memorial Day. The sole basis for determining the 21
local school district in which a student with a disability is a 22
resident shall must be the rules promulgated by the superintendent 23
of public instruction notwithstanding the provisions of section 24
1148. The records shall must be maintained in accordance with rules 25
promulgated by the superintendent of public instruction. 26
(g) Have the authority to place in appropriate special 27
education programs or services a student with a disability for whom 28
a constituent district is required to provide special education 29
26
CRM S05522'25_SB0952_INTR_1 jhs9u6
programs or services under section 1751. 1
(h) Investigate special education programs and services 2
operated or contracted for by the intermediate school board or 3
constituent district boards and report in writing failures to 4
comply with the provisions of a contract, statute, or rule 5
governing the special education programs and services or with the 6
intermediate school district plan, to the local school district 7
board and to the superintendent of public instruction. 8
(i) Operate the special education programs or services or 9
contract for the delivery of special education programs or services 10
by local school district boards, in accordance with section 1702, 11
as if a local school district under section 1751. The contract 12
shall must provide for items stated in section 1751 and shall must 13
be approved by the superintendent of public instruction. The 14
intermediate school board shall contract for the transportation, or 15
room and board, or both, or persons participating in the program or 16
service as if a local school district board under sections 1756 and 17
1757. 18
(j) Receive the report of a parent or guardian or, with the 19
consent of a parent or legal guardian, receive the report of a 20
licensed physician, registered nurse, social worker, or school or 21
other appropriate professional personnel whose training and 22
relationship to students with a disability provide competence to 23
judge them and who in good faith believes that a person an 24
individual under 26 years of age examined by the professional is or 25
may be a student with a disability, and immediately evaluate the 26
person individual pursuant to rules promulgated by the 27
superintendent of public instruction. the individuals with 28
disabilities education act, Public Law 108-446, and the Michigan 29
27
CRM S05522'25_SB0952_INTR_1 jhs9u6
administrative rules for special education, R 340.1701 to 340.1862 1
of the Michigan Administrative Code. A person making or filing this 2
report a report described in this subdivision, or a local school 3
district board, shall does not incur liability to a person by 4
reason of filing the report or seeking the evaluation, unless lack 5
of good faith is proven. 6
(k) Evaluate pupils in accordance with section 1311. 7
(2) If the intermediate school board determines that an 8
individual is not a student with a disability after an evaluation 9
described in subsection (1)(j), the intermediate school board shall 10
provide the parent or legal guardian of the individual with a 11
written justification for the determination citing specific 12
criteria. The written justification provided under this subsection 13
must conform to the notice requirements of 34 CFR 300.503, and must 14
provide the parent or legal guardian of the individual with 15
information on appeal rights and the process for requesting 16
independent evaluations under the individuals with disabilities 17
education act, public law 108-446. 18
(3) (2) The intermediate school board may expend up to 10% of 19
the annual budget but not to exceed $12,500.00, for special 20
education programs approved by the intermediate school board 21
without having to secure the approval of the superintendent of 22
public instruction. 23
Sec. 1712. (1) The board of a school district or board of 24
directors of a public school academy shall submit an annual report 25
to the department that contains the following information: 26
(a) The percentage of students enrolled in the school district 27
or public school academy who are students with disabilities. 28
(b) The number of students with disabilities that were 29
28
CRM S05522'25_SB0952_INTR_1 jhs9u6
suspended or expelled by the school district or public school 1
academy. 2
(c) The graduation and dropout rates of the school district or 3
public school academy. 4
(d) Eligibility determinations for students with autism 5
spectrum disorder, specific learning disabilities, or dyslexia. 6
(2) The annual report described in subsection (1) must be made 7
publicly available on the school district's or public school 8
academy's website. 9
(3) The department shall establish a publicly available 10
dashboard on the department's website that displays the following 11
information for the previous school year: 12
(a) The number of complaints that each school district or 13
public school academy has received pertaining to civil rights 14
violations by the school district or public school academy that are 15
currently being investigated by the United States Office for Civil 16
Rights. 17
(b) The number of complaints that each school district or 18
public school academy has received pertaining to the district's 19
operation of special education programs, including complaints 20
submitted through the procedure established by the department under 21
section 1810. 22
(c) The suspension and expulsion rates of each school district 23
or public school academy for students with disabilities. 24
(d) Graduation and dropout rates of each school district or 25
public school academy. 26
Sec. 1810. (1) The department shall establish a complaint 27
procedure that violations of state and federal special education 28
law by a school district, intermediate school district, or public 29
29
CRM S05522'25_SB0952_INTR_1 jhs9u6
school academy can be reported to, and investigated by, the 1
department. 2
(2) Not later than 5 business days following receipt of a 3
complaint under subsection (1), the department shall transmit a 4
copy of the complaint to the school district, intermediate school 5
district, or public school academy alleged to have violated state 6
or federal special education law. 7
(3) The department shall not require or promulgate any rule 8
that has the effect of requiring an individual to disclose the 9
individual's identity or any identifying information when 10
submitting a complaint under subsection (1). The complaint 11
procedure under subsection (1) must not require an individual to 12
provide separate notice of the complaint to the school district, 13
intermediate school district, or public school academy alleged to 14
have violated state or federal special education law. 15
(4) If, after investigating a complaint submitted under this 16
section, the department determines that a district representative 17
has violated state or federal special education law, the department 18
shall implement disciplinary action as follows: 19
(a) For the first violation, the district representative must 20
undergo retraining on the district representative's obligations 21
under state and federal special education law. 22
(b) For the second violation, the district representative must 23
be placed on a probation period and placed under close monitoring 24
by the school district, intermediate school district, or public 25
school academy that employs the district representative to ensure 26
no further violations of state or federal education law. 27
(c) For the third violation, the district representative must 28
be terminated from employment and, if applicable, the district 29
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CRM S05522'25_SB0952_INTR_1 jhs9u6
representative's teaching certificate or school administrator's 1
certificate must be revoked. 2
(5) As used in this section: 3
(a) "District representative" means an individual designated 4
by a school district, intermediate school district, or public 5
school academy to act on its behalf in matters related to special 6
education who meets the qualifications of a representative of the 7
public agency under 30 CFR 300.321. A district representative must 8
be qualified to provide, or supervise the provision of, specially 9
designed instruction, be knowledgeable about the general education 10
curriculum, and be knowledgeable about the availability of district 11
resources. District representative includes a principal, assistant 12
principal, district level official responsible for school 13
operations, or any individual authorized to sign, finalize, or 14
supervise documents required under state or federal special 15
education law, including school administrators, teachers, teacher 16
consultants, or other designees acting in that capacity. 17
(b) School administrator's certificate means a school 18
administrator's certificate issued under section 1536. 19
(c) "Teaching certificate" means a teaching certificate issued 20
under section 1531. 21
Enacting section 1. This amendatory act takes effect 18 months 22
after the date it is enacted into law. 23