reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 380 - The Revised School Code › Act 451 of 1976 - The Revised School Code (380.1 - 380.1853) › Article 2 - (380.805...380.1644) › 451-1976-2-16 - Part 16 Boards of Education; Powers and Duties Generally (380.1201... 380.1349) › Section 380.1307 - Use of Seclusion and Restraint in Public Schools; Uniform Policy; Objectives; Right or Remedy Under State or Federal Law.

380.1307 Use of seclusion and restraint in public schools; uniform policy; objectives; right or remedy under state or federal law.
Sec. 1307.
(1) It is the intent of the legislature that sections 1307 to 1307h shall provide for a uniform policy regarding the use of seclusion and restraint in the public schools that accomplishes the following objectives:
(a) Promotes the care, safety, welfare, and security of the school community and the dignity of each pupil.
(b) Encourages the use of proactive, effective, evidence- and research-based strategies and best practices to reduce the occurrence of challenging behaviors, eliminate the use of seclusion and restraint, and increase meaningful instructional time for all pupils.
(c) Ensures that seclusion and physical restraint are used only as a last resort in an emergency situation and are subject to diligent assessment, monitoring, documentation, and reporting by trained personnel.
(d) Clearly defines the terms "seclusion", "restraint", "emergency seclusion", and "emergency physical restraint" and clearly states the procedures for the use of emergency seclusion and emergency physical restraint.
(2) Sections 1307 to 1307h do not limit any right or remedy of an individual under state or federal law.
History:
Add. 2016, Act 394, Eff. Mar. 29, 2017
Popular Name:
Act 451
2023 Michigan Compiled Laws › Chapter 380 - The Revised School Code › Act 451 of 1976 - The Revised School Code (380.1 - 380.1853) › Article 2 - (380.805...380.1644) › 451-1976-2-16 - Part 16 Boards of Education; Powers and Duties Generally (380.1201... 380.1349) › Section 380.1307a - Use of Seclusion and Restraint in Public Schools; Adoption and Implementation of Local Policy; Noncompliance as Violation of Act.

380.1307a Use of seclusion and restraint in public schools; adoption and implementation of local policy; noncompliance as violation of act.
Sec. 1307a.
Not later than December 1, 2016, the department shall develop a state policy regarding the use of seclusion and restraint in the public schools that includes all of the elements under sections 1307b to 1307h, along with guidelines as the department considers appropriate. Not later than the beginning of the 2017-2018 school year, the board of a school district or intermediate school district or board of directors of a public school academy shall adopt and implement a local policy that is consistent with the state policy under this section. A person who fails to comply with this section or who fails to comply with any of the requirements of the state policy developed under this section is considered to have failed to comply with and to have violated this act.
History:
Add. 2016, Act 395, Eff. Mar. 29, 2017
Popular Name:
Act 451
2023 Michigan Compiled Laws › Chapter 380 - The Revised School Code › Act 451 of 1976 - The Revised School Code (380.1 - 380.1853) › Article 2 - (380.805...380.1644) › 451-1976-2-16 - Part 16 Boards of Education; Powers and Duties Generally (380.1201... 380.1349) › Section 380.1307b - Statement of Prohibited Practices.

380.1307b Statement of prohibited practices.
Sec. 1307b.
The state policy under section 1307a shall include a clear statement that all of the following practices are prohibited for school personnel in the public schools of this state under all circumstances, including emergency situations:
(a) Corporal punishment, as defined in section 1312.
(b) The deprivation of basic needs.
(c) Child abuse.
(d) Seclusion, other than emergency seclusion.
(e) The intentional application of any noxious substance or stimulus that results in physical pain or extreme discomfort. A noxious substance or stimulus is prohibited whether it is generally acknowledged or is specific to the pupil.
(f) Mechanical restraint.
(g) Chemical restraint.
(h) Any restraint that negatively impacts breathing.
(i) Prone restraint.
(j) Physical restraint, other than emergency physical restraint.
(k) Any other type of restraint.
History:
Add. 2016, Act 396, Eff. Mar. 29, 2017
Popular Name:
Act 451
2023 Michigan Compiled Laws › Chapter 380 - The Revised School Code › Act 451 of 1976 - The Revised School Code (380.1 - 380.1853) › Article 2 - (380.805...380.1644) › 451-1976-2-16 - Part 16 Boards of Education; Powers and Duties Generally (380.1201... 380.1349) › Section 380.1307d - Documentation and Reporting of Seclusion and Restraint; State Policy; Provisions.

380.1307d Documentation and reporting of seclusion and restraint; state policy; provisions.
Sec. 1307d.
The state policy under section 1307a shall include at least all of the following provisions concerning documentation and reporting of seclusion and restraint:
(a) Each use of seclusion or restraint and the reason for each use shall be documented in writing and reported in writing or orally to the school building administration and the pupil's parent or guardian immediately and documented in a written report for each use of seclusion or restraint, including multiple uses within a given day, with this written report provided to the parent or guardian within the earlier of 1 school day or 7 calendar days.
(b) After any use of seclusion or restraint, school personnel must make reasonable efforts to debrief and consult with the parent or guardian, or with the parent or guardian and the pupil, as appropriate, regarding the determination of future actions. The debriefing and consultation shall be done in accordance with department guidelines and documented on forms developed by the department.
(c) If a pupil exhibits a pattern of behavior that poses a substantial risk of creating an emergency situation in the future that could result in the use of emergency seclusion or emergency physical restraint, school personnel are encouraged to do all of the following:
(i) Conduct a functional behavioral assessment.
(ii) Develop or revise a positive behavioral intervention and support plan to facilitate the elimination of the use of seclusion and restraint.
(iii) Develop an assessment and planning process conducted by a team knowledgeable about the pupil, including at least the parent or guardian; the pupil, if appropriate; the individuals responsible for implementation of the positive behavioral intervention and support plan; and individuals knowledgeable in positive behavioral intervention and support.
History:
Add. 2016, Act 398, Eff. Mar. 29, 2017
Popular Name:
Act 451
2023 Michigan Compiled Laws › Chapter 380 - The Revised School Code › Act 451 of 1976 - The Revised School Code (380.1 - 380.1853) › Article 2 - (380.805...380.1644) › 451-1976-2-16 - Part 16 Boards of Education; Powers and Duties Generally (380.1201... 380.1349) › Section 380.1307f - Data Collection; State Policy; Provisions.

380.1307f Data collection; state policy; provisions.
Sec. 1307f.
The state policy under section 1307a shall include at least all of the following provisions concerning data collection:
(a) A school district or public school academy, or an intermediate school district program in which pupils are enrolled, in accordance with department guidelines, shall collect and report data on and related to the use of restraint and seclusion in the school district, public school academy, or intermediate school district program. In collecting and reporting this data, a school district, public school academy, or intermediate school district program shall use existing data collection and reporting systems whenever possible. Incidents of use shall, at a minimum, be reported by race, age, grade, gender, disability status, medical condition, identity of the school personnel initiating the use of the restraint or seclusion, and identity of the school or program where the use occurred.
(b) All of the following should occur with respect to the data collected under subdivision (a):
(i) The data should be analyzed by the school and school district, public school academy, or intermediate school district in which the pupil is enrolled to determine the efficacy of the school's schoolwide system of behavioral support.
(ii) The data should be analyzed by the school and school district, public school academy, or intermediate school district in the context of attendance, suspension, expulsion, and dropout data.
(iii) The data should be analyzed by the school and school district, public school academy, or intermediate school district for the purposes of continuous improvement of training and technical assistance toward the elimination of seclusion and restraint.
(iv) The data should be analyzed by the school and school district, public school academy, or intermediate school district on a schedule determined by the department.
(v) The data should be reported electronically to the department in accordance with department guidelines by the school district, public school academy, or intermediate school district.
(c) The department shall make available redacted, aggregate data on the reported use of seclusion and restraint, compiled by school district, public school academy, and intermediate school district on a quarterly basis.
History:
Add. 2016, Act 400, Eff. Mar. 29, 2017
Popular Name:
Act 451
2023 Michigan Compiled Laws › Chapter 380 - The Revised School Code › Act 451 of 1976 - The Revised School Code (380.1 - 380.1853) › Article 2 - (380.805...380.1644) › 451-1976-2-16 - Part 16 Boards of Education; Powers and Duties Generally (380.1201... 380.1349) › Section 380.1307g - Training; State Policy; Provisions.

380.1307g Training; state policy; provisions.
Sec. 1307g.
The state policy under section 1307a shall include at least all of the following provisions concerning training, which may include online training that is developed or approved by the department:
(a) In accordance with department guidelines, a school district, intermediate school district, or public school academy shall implement a comprehensive training framework that includes awareness training for all school personnel who have regular contact with pupils and comprehensive training for key identified personnel as described in subdivision (b).
(b) A school district, intermediate school district, or public school academy shall identify sufficient key personnel to ensure that trained personnel are generally available for an emergency situation. Before using emergency seclusion or emergency physical restraint with pupils, key identified personnel who may have to respond to an emergency situation shall be trained in all of subparagraphs (i) to (xvi) as follows and should be trained in all of subparagraphs (xvii) to (xx) as follows:
(i) Proactive practices and strategies that ensure the dignity of pupils.
(ii) De-escalation techniques.
(iii) Techniques to identify pupil behaviors that may trigger emergency situations.
(iv) Related safety considerations, including information regarding the increased risk of injury to pupils and school personnel when seclusion or restraint is used.
(v) Instruction in the use of emergency seclusion and emergency physical restraint.
(vi) Identification of events and environmental factors that may trigger emergency situations.
(vii) Instruction on the state policy on the use of seclusion and restraint.
(viii) Description and identification of dangerous behaviors.
(ix) Methods for evaluating the risk of harm to determine whether the use of emergency seclusion or emergency physical restraint is warranted.
(x) Types of seclusion.
(xi) Types of restraint.
(xii) The risk of using seclusion or restraint in consideration of a pupil's known and unknown physical or mental health conditions or psychological limitations.
(xiii) The effects of seclusion and restraint on all pupils.
(xiv) How to monitor for and identify the physical signs of distress and the implications for pupils generally and for pupils with particular physical or mental health conditions or psychological limitations.
(xv) How to obtain appropriate medical assistance.
(xvi) Cardiopulmonary resuscitation and first aid.
(xvii) Conflict resolution.
(xviii) Mediation.
(xix) Social skills training.
(xx) Positive behavioral intervention and support strategies.
History:
Add. 2016, Act 401, Eff. Mar. 29, 2017
Popular Name:
Act 451
2023 Michigan Compiled Laws › Chapter 380 - The Revised School Code › Act 451 of 1976 - The Revised School Code (380.1 - 380.1853) › Article 2 - (380.805...380.1644) › 451-1976-2-16 - Part 16 Boards of Education; Powers and Duties Generally (380.1201... 380.1349) › Section 380.1308a - Report to Department of State Police on Certain Crimes Occurring at School; Exemption From Freedom of Information Act; Noncompliance.

380.1308a Report to department of state police on certain crimes occurring at school; exemption from freedom of information act; noncompliance.
Sec. 1308a.
(1) A school district, intermediate school district, or public school academy shall provide a report to the department of state police, in a form and manner prescribed by the department of state police, on both of the following types of incidents regarding a school operated by the school district, intermediate school district, or public school academy within 24 hours after the incident occurs:
(a) An incident involving a crime that would be required to be reported under section 1310a(2).
(b) An incident, if known to the school, involving the attempted commission of a crime that would be required to be reported under section 1310a(2).
(2) At least quarterly, the office of school safety created by law shall compile a report on the information received under subsection (1) and make the report available to the school safety commission created under section 5 of the comprehensive school safety plan act, the department, and any law enforcement agency upon request.
(3) A report under this section is exempt from the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(4) If a school district, intermediate school district, or public school academy fails to comply with subsection (1), the department of state police may determine that the school district, intermediate school district, or public school academy is ineligible to receive any school safety grants from the department of state police for the fiscal year in which the noncompliance is discovered by the department of state police.
History:
Add. 2018, Act 551, Eff. Mar. 28, 2019
Popular Name:
Act 451
2023 Michigan Compiled Laws › Chapter 380 - The Revised School Code › Act 451 of 1976 - The Revised School Code (380.1 - 380.1853) › Article 2 - (380.805...380.1644) › 451-1976-2-16 - Part 16 Boards of Education; Powers and Duties Generally (380.1201... 380.1349) › Section 380.1309 - Conduct Constituting Suspension; Action by Teacher; Report; Supervision; Conference; Return by Student; Adoption of Local Policy by School Board; Definitions.

380.1309 Conduct constituting suspension; action by teacher; report; supervision; conference; return by student; adoption of local policy by school board; definitions.
Sec. 1309.
(1) If a teacher in a public school has good reason to believe that a pupil's conduct in a class, subject, or activity constitutes conduct for which the pupil may be suspended from a class, subject, or activity according to the local policy required under subsection (2), the teacher may cause the pupil to be suspended from the class, subject, or activity for up to 1 full school day. The teacher shall immediately report the suspension and the reason for the suspension to the school principal and send the pupil to the school principal or the school principal's designee for appropriate action. If that action requires the continued presence of the pupil at school, the pupil shall be under appropriate supervision. As soon as possible after a suspension under this section, the teacher shall ask the parent or guardian of the pupil to attend a parent-teacher conference regarding the suspension. Whenever practicable, a school counselor, school psychologist, or school social worker shall attend the conference. A school administrator shall attend the conference if the teacher or the parent or guardian so requests. During a suspension under this section, the pupil shall not be returned that school day to the class, subject, or activity from which he or she was suspended without the concurrence of the teacher of the class, subject, or activity and the school principal.
(2) A school board shall adopt a local policy specifying the types of conduct for which a pupil may be suspended from a class, subject, or activity by a teacher under this section. This policy shall be included in the school board's code of student conduct.
(3) As used in this section:
(a) "School board" means that term as defined in section 1311a.
(b) "School principal" means the chief administrator of a school.
History:
Add. 1999, Act 103, Imd. Eff. July 6, 1999
Popular Name:
Act 451
2023 Michigan Compiled Laws › Chapter 380 - The Revised School Code › Act 451 of 1976 - The Revised School Code (380.1 - 380.1853) › Article 2 - (380.805...380.1644) › 451-1976-2-16 - Part 16 Boards of Education; Powers and Duties Generally (380.1201... 380.1349) › Section 380.1310a - Report.

380.1310a Report.
Sec. 1310a.
(1) At least annually, each school board shall prepare and submit to the superintendent of public instruction, in the form and manner prescribed by the superintendent of public instruction, a report stating the number of pupils expelled from the school district during the immediately preceding school year, with a brief description of the incident that caused each expulsion.
(2) In order to obtain an accurate local picture of school crime and to develop the partnerships necessary to plan and implement school safety programs, at least annually, each school board shall post on its website, in the form and manner prescribed by the superintendent of public instruction, incidents of crime occurring at school within the school district. In determining the form and manner of this report, the superintendent of public instruction shall consult with local and intermediate school districts and law enforcement officials. The reporting shall include at least crimes involving physical violence, gang-related activity, illegal possession of a controlled substance or controlled substance analogue, or other intoxicant, trespassing, and property crimes including, but not limited to, theft and vandalism. For a property crime, the report shall include an estimate of the cost to the school district resulting from the property crime. The school crime reporting requirements of this subsection are intended to do all of the following:
(a) Help policymakers and program designers develop appropriate prevention and intervention programs.
(b) Provide the continuous assessment tools needed for revising and refining school safety programs.
(c) Assist schools and school districts to identify the most pressing safety issues confronting their school communities, to direct resources appropriately, and to enhance campus safety through prevention and intervention strategies.
(d) Foster the creation of partnerships among schools, school districts, state agencies, communities, law enforcement, and the media to prevent further crime and violence and to assure a safe learning environment for every pupil.
(3) Each school building shall collect and keep current on a weekly basis the information required for the report under subsection (2) and must provide that information, within 7 days, upon request. At least annually, each school board shall make a copy disaggregated by school building, of the most recent report for the school district under subsection (2) available to the parent or legal guardian of each pupil enrolled in the school district.
(4) As used in this section, "at school", "school board", and "school district" mean those terms as defined in section 1310.
History:
Add. 1999, Act 102, Imd. Eff. July 6, 1999 ;-- Am. 2000, Act 230, Imd. Eff. June 27, 2000 ;-- Am. 2016, Act 532, Eff. Apr. 9, 2017
Popular Name:
Act 451
2023 Michigan Compiled Laws › Chapter 380 - The Revised School Code › Act 451 of 1976 - The Revised School Code (380.1 - 380.1853) › Article 2 - (380.805...380.1644) › 451-1976-2-16 - Part 16 Boards of Education; Powers and Duties Generally (380.1201... 380.1349) › Section 380.1310c - Restorative Practices as Alternative or in Addition to Suspension or Expulsion; Definitions.

380.1310c Restorative practices as alternative or in addition to suspension or expulsion; definitions.
Sec. 1310c.
(1) A school board or its designee shall consider using restorative practices as an alternative or in addition to suspension or expulsion under this act. If a school board or its designee suspends or expels a pupil under this act, the school board or its designee shall consider using restorative practices in addition to suspension or expulsion. If a school board or its designee decides not to suspend or expel a pupil for a disciplinary issue, the school board or its designee shall consider using restorative practices to address the disciplinary issue.
(2) Restorative practices may include victim-offender conferences that are initiated by the victim; that are approved by the victim's parent or legal guardian or, if the victim is at least age 15, by the victim; that are attended voluntarily by the victim, a victim advocate, the offender, members or the school community, and supporters of the victim and the offender; and that provide an opportunity for the offender to accept responsibility for the harm caused to those affected by the misconduct and to participate in setting consequences to repair the harm. The attendees, known as a restorative practices team, may require the pupil to do 1 or more of the following: apologize; participate in community service, restoration, or counseling; or pay restitution. The selected consequences shall be incorporated into an agreement that sets time limits for completion of the consequences and is signed by all participants. Restorative practices should be the first consideration to remediate offenses such as interpersonal conflicts, bullying, verbal and physical conflicts, theft, damage to property, class disruption, and harassment and cyberbullying.
(3) As used in this section:
(a) "Bullying" and "cyberbullying" mean those terms as defined in section 1310b.
(b) "Restorative practices" means practices that emphasize repairing the harm to the victim and the school community caused by a pupil's misconduct.
(c) "School board" means a school board, intermediate school board, or the board of directors of a public school academy.
(d) "School district" means a school district, an intermediate school district, or a public school academy.
History:
Add. 2016, Act 361, Eff. Aug. 1, 2017
Popular Name:
Act 451
2023 Michigan Compiled Laws › Chapter 380 - The Revised School Code › Act 451 of 1976 - The Revised School Code (380.1 - 380.1853) › Article 2 - (380.805...380.1644) › 451-1976-2-16 - Part 16 Boards of Education; Powers and Duties Generally (380.1201... 380.1349) › Section 380.1311b - Strict Discipline Academy; Powers; Definitions.

380.1311b Strict discipline academy; powers; definitions.
Sec. 1311b.
(1) A strict discipline academy is a public school under section 2 of article VIII of the state constitution of 1963, is a school district for the purposes of section 11 of article IX of the state constitution of 1963 and for the purposes of section 1225 and section 1351a, and is subject to the leadership and general supervision of the state board over all public education under section 3 of article VIII of the state constitution of 1963. A strict discipline academy is a body corporate and is a governmental agency. The powers granted to a strict discipline academy under sections 1311b to 1311l constitute the performance of essential public purposes and governmental functions of this state.
(2) As used in sections 1311b to 1311l:
(a) "Authorizing body" means any of the following that issues a contract as provided in sections 1311b to 1311l:
(i) The board of a school district that operates grades K to 12.
(ii) An intermediate school board.
(iii) The board of a community college.
(iv) The governing board of a state public university.
(b) "Certificated teacher" means an individual who holds a valid teaching certificate issued by the state board under section 1531.
(c) "Community college" means a community college organized under the community college act of 1966, 1966 PA 331, MCL 389.1 to 389.195, or a federal tribally controlled community college that is recognized under the tribally controlled colleges and universities assistance act of 1978, 25 USC 1801 to 1852, and is determined by the department to meet the requirements for accreditation by a recognized regional accrediting body.
(d) "Contract" means the executive act taken by an authorizing body that evidences the authorization of a strict discipline academy and that establishes, subject to the constitutional powers of the state board and applicable law, the written instrument executed by an authorizing body conferring certain rights, franchises, privileges, and obligations on a strict discipline academy, as provided by sections 1311b to 1311l, and confirming the status of a strict discipline academy as a public school in this state.
(e) "Entity" means a partnership, nonprofit or business corporation, labor organization, or any other association, corporation, trust, or other legal entity.
(f) "State public university" means a university described in section 4, 5, or 6 of article VIII of the state constitution of 1963.
History:
Add. 1999, Act 23, Imd. Eff. May 12, 1999 ;-- Am. 2012, Act 620, Eff. Mar. 28, 2013
Popular Name:
Act 451
2023 Michigan Compiled Laws › Chapter 380 - The Revised School Code › Act 451 of 1976 - The Revised School Code (380.1 - 380.1853) › Article 2 - (380.805...380.1644) › 451-1976-2-16 - Part 16 Boards of Education; Powers and Duties Generally (380.1201... 380.1349) › Section 380.1311c - Repealed. 2014, Act 256, Imd. Eff. June 30, 2014.

380.1311c Repealed. 2014, Act 256, Imd. Eff. June 30, 2014.
Compiler's Notes:
The repealed section pertained to submission of report by strict discipline academy.
2023 Michigan Compiled Laws › Chapter 380 - The Revised School Code › Act 451 of 1976 - The Revised School Code (380.1 - 380.1853) › Article 2 - (380.805...380.1644) › 451-1976-2-16 - Part 16 Boards of Education; Powers and Duties Generally (380.1201... 380.1349) › Section 380.1311f - Levy of Taxes or Issuance of Bonds by School District.

380.1311f Levy of taxes or issuance of bonds by school district.
Sec. 1311f.
If a school district or intermediate school district applies for and obtains a contract to operate 1 or more strict discipline academies under sections 1311b to 1311l, the power of the school district or intermediate school district to levy taxes for any purpose under this act is not affected by the operation of a strict discipline academy by the school district or intermediate school district. Revenue from taxes levied by a school district or intermediate school district under this act or bonds issued by a school district or intermediate school district under this act may be used to support the operation or facilities of a strict discipline academy operated by the school district or intermediate school district in the same manner as that revenue may be used under this act by the school district or intermediate school district to support school district or intermediate school district operations and facilities. This section does not authorize a school district or intermediate school district to levy taxes or to issue bonds for any purpose that is not otherwise authorized under this act.
History:
Add. 1999, Act 23, Imd. Eff. May 12, 1999
Popular Name:
Act 451
2023 Michigan Compiled Laws › Chapter 380 - The Revised School Code › Act 451 of 1976 - The Revised School Code (380.1 - 380.1853) › Article 2 - (380.805...380.1644) › 451-1976-2-16 - Part 16 Boards of Education; Powers and Duties Generally (380.1201... 380.1349) › Section 380.1311h - Strict Discipline Academy; Additional Powers.

380.1311h Strict discipline academy; additional powers.
Sec. 1311h.
In addition to other powers set forth in sections 1311b to 1311l, a strict discipline academy may take action to carry out the purposes for which it was incorporated under sections 1311b to 1311l, including, but not limited to, all of the following:
(a) To sue and be sued in its name.
(b) To acquire, hold, and own in its own name real and personal property, or interests in real or personal property, for educational purposes by purchase, gift, grant, devise, bequest, lease, sublease, installment purchase agreement, land contract, option, or condemnation, and subject to mortgages, security interests, or other liens; and to sell or convey the property as the interests of the strict discipline academy require.
(c) To receive and disburse funds for lawful purposes.
(d) To enter into binding legal agreements with persons or entities as necessary for the operation, management, financing, and maintenance of the strict discipline academy.
(e) To incur temporary debt in accordance with section 1225.
(f) To solicit and accept any grants or gifts for educational purposes and to establish or permit to be established on its behalf 1 or more nonprofit corporations the purpose of which is to assist the strict discipline academy in the furtherance of its public purposes.
(g) To borrow money and issue bonds in accordance with section 1351a and in accordance with part VI of the revised municipal finance act, 2001 PA 34, MCL 141.2601 to 141.2613, except that the borrowing of money and issuance of bonds by a strict discipline academy is not subject to section 1351a(4) or section 1351(2) to (4). Bonds issued under this section shall be full faith and credit obligations of the strict discipline academy, pledging the general funds or any other money available for such a purpose. Bonds issued under this section are subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.
History:
Add. 1999, Act 23, Imd. Eff. May 12, 1999 ;-- Am. 2012, Act 620, Eff. Mar. 28, 2013
Popular Name:
Act 451
2023 Michigan Compiled Laws › Chapter 380 - The Revised School Code › Act 451 of 1976 - The Revised School Code (380.1 - 380.1853) › Article 2 - (380.805...380.1644) › 451-1976-2-16 - Part 16 Boards of Education; Powers and Duties Generally (380.1201... 380.1349) › Section 380.1311i - School District Subject to Court Desegregation Order.

380.1311i School district subject to court desegregation order.
Sec. 1311i.
If a strict discipline academy is operated by a school district that is subject to a court desegregation order, pupil selection at the strict discipline academy is subject to that order.
History:
Add. 1999, Act 23, Imd. Eff. May 12, 1999
Popular Name:
Act 451
2023 Michigan Compiled Laws › Chapter 380 - The Revised School Code › Act 451 of 1976 - The Revised School Code (380.1 - 380.1853) › Article 2 - (380.805...380.1644) › 451-1976-2-16 - Part 16 Boards of Education; Powers and Duties Generally (380.1201... 380.1349) › Section 380.1311j - Use of Certificated and Noncertificated Teachers; Teaching Techniques or Methods.

380.1311j Use of certificated and noncertificated teachers; teaching techniques or methods.
Sec. 1311j.
(1) Except as otherwise provided by law, a strict discipline academy shall use certificated teachers according to state board or superintendent of public instruction rule.
(2) A strict discipline academy operated by a state public university or community college may use noncertificated individuals to teach as follows:
(a) If the strict discipline academy is operated by a state public university, the strict discipline academy may use as a classroom teacher in any grade a faculty member who is employed full-time by the state public university and who has been granted institutional tenure, or has been designated as being on tenure track, by the state public university.
(b) For a strict discipline academy operated by a community college, the strict discipline academy may use as a classroom teacher a full-time member of the community college faculty who has at least 5 years' experience at that community college in teaching the subject matter that he or she is teaching at the strict discipline academy.
(c) In any other situation in which a school district is permitted under this act to use noncertificated teachers.
(3) A strict discipline academy may develop and implement new teaching techniques or methods or significant revisions to known teaching techniques or methods, and shall report those to the authorizing body and state board to be made available to the public. A strict discipline academy may use any instructional technique or delivery method that may be used by a school district.
History:
Add. 1999, Act 23, Imd. Eff. May 12, 1999
Popular Name:
Act 451
2023 Michigan Compiled Laws › Chapter 380 - The Revised School Code › Act 451 of 1976 - The Revised School Code (380.1 - 380.1853) › Article 2 - (380.805...380.1644) › 451-1976-2-16 - Part 16 Boards of Education; Powers and Duties Generally (380.1201... 380.1349) › Section 380.1311k - Personnel.

380.1311k Personnel.
Sec. 1311k.
A strict discipline academy, with the approval of the authorizing body, may employ or contract with personnel as necessary for the operation of the strict discipline academy, prescribe their duties, and fix their compensation.
History:
Add. 1999, Act 23, Imd. Eff. May 12, 1999
Popular Name:
Act 451
2023 Michigan Compiled Laws › Chapter 380 - The Revised School Code › Act 451 of 1976 - The Revised School Code (380.1 - 380.1853) › Article 2 - (380.805...380.1644) › 451-1976-2-16 - Part 16 Boards of Education; Powers and Duties Generally (380.1201... 380.1349) › Section 380.1311l - Authorizing Body as Fiscal Agent; Revocation of Contract.

380.1311l Authorizing body as fiscal agent; revocation of contract.
Sec. 1311l.
(1) The authorizing body for a strict discipline academy is the fiscal agent for the strict discipline academy. A state school aid payment for a strict discipline academy shall be paid to the authorizing body that is the fiscal agent for that strict discipline academy, which shall then forward the payment to the strict discipline academy. An authorizing body has the responsibility to oversee a strict discipline academy's compliance with the contract and all applicable law. A contract issued under sections 1311b to 1311l may be revoked by the authorizing body that issued the contract if the authorizing body determines that 1 or more of the following has occurred:
(a) Failure of the strict discipline academy to abide by and meet the educational goals set forth in the contract.
(b) Failure of the strict discipline academy to comply with all applicable law.
(c) Failure of the strict discipline academy to meet generally accepted public sector accounting principles.
(d) The existence of 1 or more other grounds for revocation as specified in the contract.
(2) The decision of an authorizing body to revoke a contract under this section is solely within the discretion of the authorizing body, is final, and is not subject to review by a court or any state agency. An authorizing body that revokes a contract under this section is not liable for that action to the strict discipline academy, strict discipline academy corporation, a pupil of the strict discipline academy, the parent or guardian of a pupil of the strict discipline academy, or any other person.
History:
Add. 1999, Act 23, Imd. Eff. May 12, 1999
Popular Name:
Act 451
2023 Michigan Compiled Laws › Chapter 380 - The Revised School Code › Act 451 of 1976 - The Revised School Code (380.1 - 380.1853) › Article 2 - (380.805...380.1644) › 451-1976-2-16 - Part 16 Boards of Education; Powers and Duties Generally (380.1201... 380.1349) › Section 380.1311m - Strict Discipline Academy; Compliance With Public Employees Health Benefit Act.

380.1311m Strict discipline academy; compliance with public employees health benefit act.
Sec. 1311m.
If the board of directors of a strict discipline academy provides medical, optical, or dental benefits to employees and their dependents, the board of directors shall provide those benefits in accordance with the public employees health benefit act and shall comply with that act.
History:
Add. 2007, Act 107, Imd. Eff. Oct. 1, 2007
Popular Name:
Act 451
2023 Michigan Compiled Laws › Chapter 380 - The Revised School Code › Act 451 of 1976 - The Revised School Code (380.1 - 380.1853) › Article 2 - (380.805...380.1644) › 451-1976-2-16 - Part 16 Boards of Education; Powers and Duties Generally (380.1201... 380.1349) › Section 380.1313 - Dangerous Weapon Found in Possession of Pupil; Report; Confiscation by School Official; Determination of Legal Owner; “Dangerous Weapon” Defined.

380.1313 Dangerous weapon found in possession of pupil; report; confiscation by school official; determination of legal owner; “dangerous weapon” defined.
Sec. 1313.
(1) If a dangerous weapon is found in the possession of a pupil while the pupil is in attendance at school or a school activity or while the pupil is enroute to or from school on a school bus, the superintendent of the school district or intermediate school district, or his or her designee, immediately shall report that finding to the pupil's parent or legal guardian and the local law enforcement agency.
(2) If a school official finds that a dangerous weapon is in the possession of a pupil as described in subsection (1), the school official may confiscate the dangerous weapon or shall request a law enforcement agency to respond as soon as possible and to confiscate the dangerous weapon. If a school official confiscates a dangerous weapon under this subsection, the school official shall give the dangerous weapon to a law enforcement agency and shall not release the dangerous weapon to any other person, including the legal owner of the dangerous weapon. A school official who complies in good faith with this section is not civilly or criminally liable for that compliance.
(3) A law enforcement agency that takes possession of a dangerous weapon under subsection (2) shall check all available local and state stolen weapon and stolen property files and the national crime information center stolen gun and property files to determine the legal owner of the dangerous weapon. If the dangerous weapon is a pistol, the law enforcement agency also shall check the state pistol registration records to determine the legal owner. If the law enforcement agency is able to determine the legal owner of the dangerous weapon, and if the legal owner did not knowingly provide the dangerous weapon to the pupil or lawfully provided the dangerous weapon to the pupil but did not know or have reason to know that the pupil would possess the dangerous weapon while in attendance at school or a school activity or while en route to or from school on a school bus, the law enforcement agency shall send by certified mail to the legal owner a notice that the agency is in possession of the dangerous weapon and that the legal owner has 90 days from receipt of the notice to claim the dangerous weapon.
(4) As used in this section, "dangerous weapon" means a firearm, dagger, dirk, stiletto, knife with a blade over 3 inches in length, pocket knife opened by a mechanical device, iron bar, or brass knuckles.
History:
Add. 1987, Act 211, Imd. Eff. Dec. 22, 1987 ;-- Am. 1995, Act 76, Eff. Aug. 1, 1995
Popular Name:
Act 451
2023 Michigan Compiled Laws › Chapter 380 - The Revised School Code › Act 451 of 1976 - The Revised School Code (380.1 - 380.1853) › Article 2 - (380.805...380.1644) › 451-1976-2-16 - Part 16 Boards of Education; Powers and Duties Generally (380.1201... 380.1349) › Section 380.1316 - Public School Fraternity, Sorority, or Secret Society Prohibited; Definition.

380.1316 Public school fraternity, sorority, or secret society prohibited; definition.
Sec. 1316.
(1) A school official or a board of a school district shall not authorize, support, or permit the creation and existence of a public school fraternity, sorority, or secret society.
(2) A fraternity, sorority, or secret society is declared an obstruction to education and inimical to the public welfare.
(3) As used in this section, a "public school fraternity, sorority, or secret society" means an organization whose active membership is composed wholly or in part of pupils of the public schools of this state enrolled in 1 or more of the 12 grades and perpetuating itself by taking in additional members from the pupils enrolled in the public schools on the basis of the decision of its membership, rather than upon the right of a pupil who is qualified by the regulations of the school to be a member of and take part in class or group exercises, subjects required by the course of study, or program of school activities fostered and promoted by the board and superintendent of schools or by the board and intermediate superintendent for a school not employing a superintendent of schools.
History:
1976, Act 451, Imd. Eff. Jan. 13, 1977
Popular Name:
Act 451
2023 Michigan Compiled Laws › Chapter 380 - The Revised School Code › Act 451 of 1976 - The Revised School Code (380.1 - 380.1853) › Article 2 - (380.805...380.1644) › 451-1976-2-16 - Part 16 Boards of Education; Powers and Duties Generally (380.1201... 380.1349) › Section 380.1318 - Use of Performance-Enhancing Substances in Interscholastic Athletics; Eligibility Policy; List of Drugs to Be Provided by Department of Community Health.

380.1318 Use of performance-enhancing substances in interscholastic athletics; eligibility policy; list of drugs to be provided by department of community health.
Sec. 1318.
(1) The board of a school district or board of directors of a public school academy shall ensure that its policies concerning a pupil's eligibility for participation in interscholastic athletics include use of a performance-enhancing substance by the pupil as a violation that will affect a pupil's eligibility, as determined by the board or board of directors. The governing body of a nonpublic school is encouraged to adopt an eligibility policy that meets the requirements of this section.
(2) For the purposes of this section, the department of community health shall develop, periodically update, and make available to school districts, public school academies, and nonpublic schools a list of performance-enhancing substances. The department of community health shall base the list on the list of banned drugs contained in bylaw 31.2.3.1 of the bylaws of the national collegiate athletic association.
History:
Add. 2006, Act 215, Imd. Eff. June 26, 2006
2023 Michigan Compiled Laws › Chapter 380 - The Revised School Code › Act 451 of 1976 - The Revised School Code (380.1 - 380.1853) › Article 2 - (380.805...380.1644) › 451-1976-2-16 - Part 16 Boards of Education; Powers and Duties Generally (380.1201... 380.1349) › Section 380.1321 - Transportation for Pupils; Requirements; Payment.

380.1321 Transportation for pupils; requirements; payment.
Sec. 1321.
(1) Except as otherwise provided in this section, if a board of a school district provides transportation for its resident pupils, other than students with a disability transported under article 3 or other pupils who cannot safely walk to school, the school board shall provide transportation to and from school for each resident public or nonpublic school pupil if both of the following requirements are met:
(a) The school district provides transportation for the elementary school level, middle or junior high school level, or high school level, as defined by the local school board, in which the pupil is enrolled.
(b) The pupil attends either the public or the nearest state approved nonpublic school in the school district to which the pupil is eligible to be admitted.
(2) Transportation provided under subsection (1) shall be without charge to the resident pupil, the parent, guardian, or person standing in loco parentis to the pupil.
(3) A school district is not required to transport or pay for transportation of a resident pupil living within 1-1/2 miles, by the nearest traveled route, to the public or state approved nonpublic school in which the pupil is enrolled. A school district is not required to transport or pay for the transportation of a resident pupil attending a nonpublic school who lives in an area less than 1-1/2 miles from a public school in which public school pupils are not transported, except that the school district shall transport or pay for the transportation of the resident pupil from the public school within the area to the nonpublic school the pupil attends.
(4) A school district is not required to transport or pay for the transportation of resident pupils to state approved nonpublic schools located outside the district unless the school district transports some of its resident pupils, other than students with a disability under article 3, to public schools located outside the district, in which case the school district shall transport or pay for the transportation of resident pupils attending a state approved nonpublic school at least to the distance of the public schools located outside the district to which the district transports resident pupils and in the same general direction.
History:
1976, Act 451, Imd. Eff. Jan. 13, 1977 ;-- Am. 1982, Act 20, Imd. Eff. Mar. 4, 1982 ;-- Am. 1990, Act 163, Imd. Eff. July 2, 1990 ;-- Am. 2008, Act 1, Imd. Eff. Jan. 11, 2008 ;-- Am. 2016, Act 428, Eff. Apr. 4, 2017
Popular Name:
Act 451
2023 Michigan Compiled Laws › Chapter 380 - The Revised School Code › Act 451 of 1976 - The Revised School Code (380.1 - 380.1853) › Article 2 - (380.805...380.1644) › 451-1976-2-16 - Part 16 Boards of Education; Powers and Duties Generally (380.1201... 380.1349) › Section 380.1322 - Transportation for Pupils; Routes; Rules; Construction of Section; Vehicles.

380.1322 Transportation for pupils; routes; rules; construction of section; vehicles.
Sec. 1322.
(1) A pupil attending public school or the nearest state approved nonpublic school available, to which nonpublic school the pupil may be admitted, shall be transported along the regular routes as determined by the board to public and state approved nonpublic schools. Transportation to public and the nearest state approved nonpublic school located within or outside the district to which nonpublic school the pupil is eligible to be admitted shall be provided under the rules promulgated by the state board. Rules shall not require the transportation or payment for transportation for nonpublic school pupils on days when public school pupils are not transported.
(2) This section shall not be construed to require or permit transportation of pupils to a state approved nonpublic school attending in the elementary grades when transportation is furnished by the school district for secondary pupils only, nor to require or permit the transportation of pupils to a state approved nonpublic school attending the secondary grades when transportation is furnished by the district for elementary pupils only.
(3) Vehicles used for the transportation of pupils shall be adequate and of ample capacity.
History:
1976, Act 451, Imd. Eff. Jan. 13, 1977
Popular Name:
Act 451
Admin Rule:
R 340.281 et seq. of the Michigan Administrative Code.