380.1310d Suspension or expulsion of pupil; factors; exercise of discretion; rebuttable presumption; section inapplicable for possession of firearm in weapon free school
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380.1310d Suspension or expulsion of pupil; factors; exercise of discretion; rebuttable presumption; section inapplicable for possession of firearm in weapon free school zone; consideration of factors mandatory; definitions.
Sec. 1310d.
(1)Before suspending or expelling a pupil under section 1310, 1311(1), 1311(2), or 1311a, the board of a school district or intermediate school district or board of directors of a public school academy, or a superintendent, school principal, or other designee under section 1311(1), shall consider each of the following factors:
(a)The pupil's age.
(b)The pupil's disciplinary history.
(c)Whether the pupil is a student with a disability.
(d)The seriousness of the violation or behavior committed by the pupil.
(e)Whether the violation or behavior committed by the pupil threatened the safety of any pupil or staff member.
(f)Whether restorative practices will be used to address the violation or behavior committed by the pupil.
(g)Whether a lesser intervention would properly address the violation or behavior committed by the pupil.
(2)Except as provided in subsection (3), this section applies to give the board of a school district or intermediate school district or board of directors of a public school academy, or its designee, discretion over whether or not to suspend or expel a pupil under section 1310, 1311(1), 1311(2), or 1311a. In exercising this discretion with regard to a suspension of more than 10 days or an expulsion, there is a rebuttable presumption that a suspension or expulsion is not justified unless the board or board of directors, or its designee, can demonstrate that it considered each of the factors listed under subsection (1). For a suspension of 10 or fewer days, there is no rebuttable presumption, but the board or board of directors, or its designee, shall consider each of the factors listed under subsection (1).
(3)This section does not apply to a pupil being expelled under section 1311(2) for possessing a firearm in a weapon free school zone.
(4)Except as provided in subsection (3), consideration of the factors listed in subsection
(1)is mandatory before suspending or expelling a student under section 1310, 1311(1), 1311(2), or 1311a. The method used for consideration of the factors is at the sole discretion of the board of a school district or intermediate school district or board of directors of a public school academy, or its designee.
(5)As used in this section:
(a)"Expel" means to exclude a pupil from school for disciplinary reasons for a period of 60 or more school days.
(b)"Firearm" means that term as defined in section 1311.
(c)"Suspend" means to exclude a pupil from school for disciplinary reasons for a period of fewer than 60 school days.
(d)"Weapon free school zone" means that term as defined in section 1311.
History: Add. 2016, Act 360 , Eff. Aug. 1, 2017
Popular Name: Act 451