SENATE BILL No. 1043

 

 

June 5, 2018, Introduced by Senator HOOD and referred to the Committee on Education.

 

 

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending section 1308 (MCL 380.1308), as amended by 2016 PA 363.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1308. (1) Not later than October 6, 1999, the

 

superintendent of public instruction, attorney general, and

 

director of the department of state police shall adopt, publish,

 

and distribute to school boards, county prosecutors, and local law

 

enforcement agencies the statewide school safety information policy

 

described in subsection (2). Not later than January 6, 2000, each

 

school board, county prosecutor, and local law enforcement agency

 

shall do both of the following:

 


     (a) Meet and confer as appropriate on the implementation of

 

the statewide school safety information policy for each school

 

district and on any related issues that are unique to the affected

 

locality. The appropriate local law enforcement agency or agencies

 

to be involved shall be determined locally, consistent with the

 

statewide school safety information policy.

 

     (b) Begin compliance with the statewide school safety

 

information policy.

 

     (2) The statewide school safety information policy required

 

under subsection (1) and any updates required under subsection (12)

 

shall identify the types of incidents occurring at school that must

 

be reported to law enforcement agencies and shall establish

 

procedures to be followed when such an incident occurs at school.

 

The statewide school safety information policy and any updates also

 

may address procedures for reporting incidents involving possession

 

of a dangerous weapon as required under section 1313. The statewide

 

school safety information policy and any updates shall address at

 

least all of the following:

 

     (a) Law enforcement protocols and priorities for the reporting

 

process. The law enforcement protocols must be developed with the

 

cooperation of the appropriate state or local law enforcement

 

agency. The law enforcement priorities shall include at least

 

investigation of reported incidents, identification of those

 

involved in a reported incident, assistance in prevention of these

 

types of incidents, and, when appropriate, assistance from a child

 

protection agency.

 

     (b) Definition of the types of incidents requiring reporting


to law enforcement and response by law enforcement, taking into

 

account the intent of the actor and the circumstances surrounding

 

the incident.

 

     (c) Protocols for responding to reportable incidents,

 

addressing at least all of the following:

 

     (i) Initial notification and reporting by school officials.

 

     (ii) The information to be provided by school officials.

 

     (iii) Initial response by law enforcement agencies, which

 

shall be specifically tailored for incidents in progress, incidents

 

not in progress, and incidents involving delayed reporting. School

 

officials shall be consulted to determine the extent of law

 

enforcement involvement required by the situation.

 

     (iv) Custody of actors.

 

     (d) The amount and nature of assistance to be provided by

 

school officials, and the scope of their involvement in law

 

enforcement procedures. This provision shall require school

 

officials to notify the parent or legal guardian of a minor pupil

 

who is a victim or witness when law enforcement authorities

 

interview the pupil.

 

     (e) Any other matters that will facilitate reporting of

 

incidents affecting school safety and the exchange of other

 

information affecting school safety.

 

     (3) A school board or its designee shall report to the

 

appropriate state or local law enforcement agencies and prosecutors

 

all information that is required to be reported to those officials

 

under the statewide school safety information policy.

 

     (4) If school officials of a school district determine that an


incident has occurred at school that is required to be reported to

 

law enforcement agencies according to the statewide school safety

 

information policy under this section or under subsection (3), the

 

superintendent of the school district, or his or her designee,

 

immediately shall report that finding to the appropriate state or

 

local law enforcement agency in the manner prescribed in the

 

statewide school safety information policy.

 

     (5) If provided in the statewide school safety information

 

policy under this section, a local law enforcement agency that has

 

jurisdiction over a school building of a school district shall

 

report to the school officials of the school building incidents

 

reported to the law enforcement agency that allege the commission

 

of a crime and that, according to the incident report, either

 

occurred on school property or within 1,000 feet of the school

 

property or involved a pupil or staff member of the school as a

 

victim or alleged perpetrator. Upon request by a law enforcement

 

agency, school officials shall provide the law enforcement agency

 

with any information the law enforcement agency determines it needs

 

to provide this report to school officials.

 

     (6) If provided in the statewide school safety information

 

policy under this section, the prosecuting attorney of a county

 

shall notify a school district located in whole or in part in that

 

county of any criminal or juvenile court action initiated or taken

 

against a pupil of the school district, including, but not limited

 

to, convictions, adjudications, and dispositions. This notification

 

shall be made to either the school district superintendent or to

 

the intermediate superintendent of the intermediate school district


in which the county is located, as provided in the policy or by

 

local agreement. If the notification is made to the intermediate

 

superintendent, the intermediate superintendent shall forward the

 

information to the superintendent of the school district in which

 

the pupil is enrolled. Upon receipt of information under this

 

subsection, a school district superintendent shall share the

 

information with appropriate school building personnel. The

 

prosecuting attorney may inquire of each school age individual

 

involved in a court action described in this subsection whether the

 

individual is a pupil in a school district and, if so, in which

 

school district.

 

     (7) If provided for in the statewide school safety information

 

policy under this section, the appropriate court shall inform an

 

appropriate school administrator of the name of the individual

 

assigned to monitor a convicted or adjudicated youth attending a

 

public school and of how that individual may be contacted.

 

     (8) A school board, county prosecutor, and local law

 

enforcement agency may enter into a local agreement or take other

 

measures to facilitate the sharing of school safety information or

 

to promote school safety if the agreement or other measures are

 

consistent with the statewide school safety information policy.

 

     (9) A school board shall cooperate with local law enforcement

 

agencies to ensure that detailed and accurate building plans,

 

blueprints, and site plans, as appropriate, for each school

 

building operated by the school board are provided to the

 

appropriate local law enforcement agency.

 

     (10) Reporting of information by a school district or school


personnel under this section is subject to 20 USC 1232g, commonly

 

referred to as the family educational rights and privacy act of

 

1974.

 

     (11) If a pupil is involved in an incident reported to law

 

enforcement according to the statewide school safety information

 

policy under this section, then upon request by school officials,

 

the pupil's parent or legal guardian shall execute any waivers or

 

consents necessary to allow school officials access to school,

 

court, or other pertinent records of the pupil concerning the

 

incident and action taken as a result of the incident.

 

     (12) The superintendent of public instruction, attorney

 

general, and director of the department of state police shall

 

update, publish, and provide to the public on the website of the

 

department of state police the statewide school safety information

 

policy described in subsection (2). The update to the statewide

 

school safety information policy must include, but is not limited

 

to, the procedures to be followed if an incident involving an

 

active shooter occurs at school.

 

     (13) (12) As used in this section:

 

     (a) "At school" means in a classroom, elsewhere on school

 

premises, on a school bus or other school-related vehicle, or at a

 

school-sponsored activity or event whether or not it is held on

 

school premises.

 

     (b) "School board" and "school district" mean those terms as

 

defined in section 1311.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.