Michigan Defense Attorney Representing School Disciplinary Issues
School Suspensions and Expulsions
The Model Code of Student Conduct for the State of Michigan states that Michigan students "must be educated in a safe and supportive environment that fosters academic success and health development." The Model Code of Student Conduct continues in stating that "[s]chools can create these environments by fostering student connectedness, establishing clear behavioral expectations, and employing preventative measures with constructive discipline that prioritizes keeping students in school through graduation."
To achieve the above-referenced mission, the Michigan State Board of Education (SBE) strongly encourages school districts in the State of Michigan to review "zero tolerance" policies and to adopt practices that allow educators to address disciplinary matters as opportunities for learning and not simply punishment.
Schools should:
With the above-referenced goals in mind, there are legal mandates that require discipline as required by state and federal law. This includes, but is not limited to:
The Michigan Revised School Code, MCL 380.1 et seq., provides each local school board with the opportunity to establish local discipline policy. Each local school board has the authority to make reasonable regulations for the proper maintenance and management of the school.
Schools develop a code of conduct that gets defined and placed into a student handbook. You can find almost any school's student handbook online. If you are facing a disciplinary issue within a public school, the first thing that you should do is to read the student handbook.
Schools must develop and implement a code of student conduct and must enforce the provisions of the code of conduct with regard to student misconduct 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. MCL 380.11a; MCL 380.1311; MCL 380.1312
When a student engages in misconduct, the school has the authority and discretion to suspend of expel the student.
Michigan law defines "suspend" as follows: to exclude a pupil from school for disciplinary reasons for a period of fewer than 60 school days. MCL 380.1310d(5)(c)
Before a school is able to suspend a student, the school must consider the following 7 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.
MCL 380.1310d
In my experience, this 7 factor analysis is often not conducted prior to suspending a student. My office is able to demand that the school follow the law regarding school suspensions. The school may have to take corrective action regarding such violations of the law.
A school board, a school district superintendent, a school building principal, or another school district official - if designated by the school board - may suspend of expel a student who is guilty of gross misdemeanor or persistent disobedience, if, in the judgment of the school board or its designee, as applicable, the interest of the school is served by the suspension or expulsion. MCL 380.1311(1).
Michigan law formerly followed strict mandatory expulsions for misconduct involving weapons, arson, criminal sexual conduct. However, in 2016, the Revised School Code was amended with the policy that expulsion was the be reserved only for the most serious offenses. Further, there is a clear policy to employ discipline measures and early intervention/diversion strategies with a focus on screening and treatment to minimize a suspended student's time away from school and to minimize court involvement.
Schools now have discretion regarding a student who possess a dangerous weapon, commits arson, or commits criminal sexual conduct in a school building or on school grounds. The law gives the school the discretion to expel such students permanently after considering the following factors:
- student's age
- student's history
- student's disability
- the seriousness of the violation
- the threat to safety
- the use of restorative practices
- the use of less drastic interventions
MCL 380.1310d(1)
If a student is expelled, the student can petition for reinstatement back into the school after 180 school days (150 days for elementary students).
Weapons:
A student will not be expelled for having a weapon if the student proves that (a) the weapon was not intended for use as a weapon, (b) the student did not know that he or she had the weapon, (c) the student did not know that the weapon was dangerous, or (d) school personnel or the police encouraged or allowed the student to keep the weapon.
MCL 380.1311(2)
Physical Assault:
Michigan law allows for the permanent expulsion of any student in grade 6 or above who commits a physical assault against a school employee or volunteer. MCL 380.1311a(1)
A "physical assault" is defined as "intentionally causing or attempting to cause physical harm to another through force or violence." MCL 380.1311a(12)(b)
If a student is expelled, the student can petition for reinstatement back into the school after 180 school days (150 days for elementary students).
For an assault against another student, there can also be mandatory expulsion.
NOTE: for expulsions involving weapons and physical assaults on school staff, the expulsion extends to include all schools in the State of Michigan except for alternative schools or strict discipline academies; for an expulsion for an assault against another student, the expelled student is not expelled from all districts in the State of Michigan
Verbal Assault:
Michigan law authorizes an expulsion for up to 180 days if a student in grade 6 or above commits a "verbal assault, as defined by school board policy" against an employee or volunteer of the school or if the student "makes a bomb threat or similar threat directed at a school building, other school property, or a school-related event." MCL 380.1311a(2).
The law on verbal assault and bomb threats allows the same discretion and requires consideration of the same factors as listed above. A federal court has found this provision to be unconstitutional, in violation of the First Amendment's freedom of speech. Smith v Mt. Pleasant Public Schools, 285 F Supp2d 987 (ED Mich 2003).
Further, under MCL 380.1310c, a school must consider the possible use of balanced and restorative justice (BARJ) before suspending or expelling a student. Restorative justice expects those who cause injuries to make things right with those that they have harmed and their community.
NOTE: under the federal Gun-Free Schools Act, 20 USC 7961, there is still mandatory expulsion for at least 180 days for students who bring weapons to school
If your son or daughter is being disciplined by a public school, then your son or daughter has rights. Call my office right away at 517-618-1580 to discuss your rights.
Trouble with Law Enforcement:
If you or your loved one is in trouble with law enforcement and currently going to a public or private school, college, or university, then there may also be school disciplinary issues that need to be addressed. You may have been contacted by a school principal, a school administrator, a superintendent, an employee of the student affairs office, or an employee of an office of institutional equity at a college or university.
You need experienced legal representation to walk you through this process and ensure that yourself or your loved one does not face adverse educational consequences in addition to any potential legal consequences that he or she may be facing.
Contact Michigan School Discipline Attorney Eric J. Sheppard today at 517-618-1580 for a free consultation. My office has successfully represented many students in multiple school districts throughout the State of Michigan and kept those students in school and kept those students from being expelled from school. I understand the Michigan Revised School Code, MCL 380.1 et seq., the Michigan Open Meetings Act, MCL 15.261 et seq., and the issues of procedural and substantive due process that is afforded to students under the United States Constitution and the Michigan Constitution. US Const, Am XIV; Const 1963, art 1, Sec 17; Jordan v Jarvis, 200 Mich App 445, 448; 505 NW2d 279 (1993) ("A procedural due process analysis requires a dual inquiry: (1) whether a liberty or property interest exists which the state has interfered with, and (2) whether the procedures attendant upon the deprivation were constitutionally sufficient.")
Let my office fight for your rights and fight to protect your liberty interests in obtaining an education and continuing your educational pursuits. Call me today at 517-618-1580.
The Law Office of Eric J. Sheppard
2109 Hamilton Road, Suite 206
Okemos MI 48864
[email protected]
PH: 517-618-1580 (office)
PH: 216-973-9996 (cell)
Fax: 517-913-6321
To achieve the above-referenced mission, the Michigan State Board of Education (SBE) strongly encourages school districts in the State of Michigan to review "zero tolerance" policies and to adopt practices that allow educators to address disciplinary matters as opportunities for learning and not simply punishment.
Schools should:
- Implement or expand evidence-based alternative and supplemental strategies for social and emotional learning such as Positive Behavioral Interventions and Supports (PBIS), Michigan Model for Health and restorative practices.
- Integrate social and emotional learning and other evidence-based pro-social development practices into their culture, supporting and sustaining them as vital elements of the school operations.
- Collect and effectively utilize data--including discipline and academic performance records, truancy data, student and stakeholder surveys, and other relevant measurements--for ongoing formative evaluation of disciplinary processes and their effectiveness.
- Use discretion afforded under zero tolerance laws and other regulations to reserve suspension and expulsion for only the most serious offenses such as those infractions required by law and deemed absolutely necessary.
- Model Code of Student Conduct 2014
With the above-referenced goals in mind, there are legal mandates that require discipline as required by state and federal law. This includes, but is not limited to:
- Possession of a dangerous weapon
- Arson
- Criminal sexual conduct
- Bomb threats
- Verbal assault
- Physical assault
- Sexual harassment
- Threatening or intimidating other students
The Michigan Revised School Code, MCL 380.1 et seq., provides each local school board with the opportunity to establish local discipline policy. Each local school board has the authority to make reasonable regulations for the proper maintenance and management of the school.
Schools develop a code of conduct that gets defined and placed into a student handbook. You can find almost any school's student handbook online. If you are facing a disciplinary issue within a public school, the first thing that you should do is to read the student handbook.
Schools must develop and implement a code of student conduct and must enforce the provisions of the code of conduct with regard to student misconduct 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. MCL 380.11a; MCL 380.1311; MCL 380.1312
When a student engages in misconduct, the school has the authority and discretion to suspend of expel the student.
Michigan law defines "suspend" as follows: to exclude a pupil from school for disciplinary reasons for a period of fewer than 60 school days. MCL 380.1310d(5)(c)
Before a school is able to suspend a student, the school must consider the following 7 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.
MCL 380.1310d
In my experience, this 7 factor analysis is often not conducted prior to suspending a student. My office is able to demand that the school follow the law regarding school suspensions. The school may have to take corrective action regarding such violations of the law.
A school board, a school district superintendent, a school building principal, or another school district official - if designated by the school board - may suspend of expel a student who is guilty of gross misdemeanor or persistent disobedience, if, in the judgment of the school board or its designee, as applicable, the interest of the school is served by the suspension or expulsion. MCL 380.1311(1).
Michigan law formerly followed strict mandatory expulsions for misconduct involving weapons, arson, criminal sexual conduct. However, in 2016, the Revised School Code was amended with the policy that expulsion was the be reserved only for the most serious offenses. Further, there is a clear policy to employ discipline measures and early intervention/diversion strategies with a focus on screening and treatment to minimize a suspended student's time away from school and to minimize court involvement.
Schools now have discretion regarding a student who possess a dangerous weapon, commits arson, or commits criminal sexual conduct in a school building or on school grounds. The law gives the school the discretion to expel such students permanently after considering the following factors:
- student's age
- student's history
- student's disability
- the seriousness of the violation
- the threat to safety
- the use of restorative practices
- the use of less drastic interventions
MCL 380.1310d(1)
If a student is expelled, the student can petition for reinstatement back into the school after 180 school days (150 days for elementary students).
Weapons:
A student will not be expelled for having a weapon if the student proves that (a) the weapon was not intended for use as a weapon, (b) the student did not know that he or she had the weapon, (c) the student did not know that the weapon was dangerous, or (d) school personnel or the police encouraged or allowed the student to keep the weapon.
MCL 380.1311(2)
Physical Assault:
Michigan law allows for the permanent expulsion of any student in grade 6 or above who commits a physical assault against a school employee or volunteer. MCL 380.1311a(1)
A "physical assault" is defined as "intentionally causing or attempting to cause physical harm to another through force or violence." MCL 380.1311a(12)(b)
If a student is expelled, the student can petition for reinstatement back into the school after 180 school days (150 days for elementary students).
For an assault against another student, there can also be mandatory expulsion.
NOTE: for expulsions involving weapons and physical assaults on school staff, the expulsion extends to include all schools in the State of Michigan except for alternative schools or strict discipline academies; for an expulsion for an assault against another student, the expelled student is not expelled from all districts in the State of Michigan
Verbal Assault:
Michigan law authorizes an expulsion for up to 180 days if a student in grade 6 or above commits a "verbal assault, as defined by school board policy" against an employee or volunteer of the school or if the student "makes a bomb threat or similar threat directed at a school building, other school property, or a school-related event." MCL 380.1311a(2).
The law on verbal assault and bomb threats allows the same discretion and requires consideration of the same factors as listed above. A federal court has found this provision to be unconstitutional, in violation of the First Amendment's freedom of speech. Smith v Mt. Pleasant Public Schools, 285 F Supp2d 987 (ED Mich 2003).
Further, under MCL 380.1310c, a school must consider the possible use of balanced and restorative justice (BARJ) before suspending or expelling a student. Restorative justice expects those who cause injuries to make things right with those that they have harmed and their community.
NOTE: under the federal Gun-Free Schools Act, 20 USC 7961, there is still mandatory expulsion for at least 180 days for students who bring weapons to school
If your son or daughter is being disciplined by a public school, then your son or daughter has rights. Call my office right away at 517-618-1580 to discuss your rights.
Trouble with Law Enforcement:
If you or your loved one is in trouble with law enforcement and currently going to a public or private school, college, or university, then there may also be school disciplinary issues that need to be addressed. You may have been contacted by a school principal, a school administrator, a superintendent, an employee of the student affairs office, or an employee of an office of institutional equity at a college or university.
You need experienced legal representation to walk you through this process and ensure that yourself or your loved one does not face adverse educational consequences in addition to any potential legal consequences that he or she may be facing.
Contact Michigan School Discipline Attorney Eric J. Sheppard today at 517-618-1580 for a free consultation. My office has successfully represented many students in multiple school districts throughout the State of Michigan and kept those students in school and kept those students from being expelled from school. I understand the Michigan Revised School Code, MCL 380.1 et seq., the Michigan Open Meetings Act, MCL 15.261 et seq., and the issues of procedural and substantive due process that is afforded to students under the United States Constitution and the Michigan Constitution. US Const, Am XIV; Const 1963, art 1, Sec 17; Jordan v Jarvis, 200 Mich App 445, 448; 505 NW2d 279 (1993) ("A procedural due process analysis requires a dual inquiry: (1) whether a liberty or property interest exists which the state has interfered with, and (2) whether the procedures attendant upon the deprivation were constitutionally sufficient.")
Let my office fight for your rights and fight to protect your liberty interests in obtaining an education and continuing your educational pursuits. Call me today at 517-618-1580.
The Law Office of Eric J. Sheppard
2109 Hamilton Road, Suite 206
Okemos MI 48864
[email protected]
PH: 517-618-1580 (office)
PH: 216-973-9996 (cell)
Fax: 517-913-6321
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