Suspension and Expulsion Guidance

SUSPENSIONS AND EXPULSIONS GUIDANCE

OR ADMINISTRATORS AND SCHOOL STAFF

GENERAL INFORMATION: SUSPENSIONS AND EXPULSIONS

The Revised School Code provides each school district with the authority to establish a

local discipline policy. Each local school board or its designee has the authority to

suspend or expel students guilty of “gross misdemeanor or persistent disobedience,”

after considering the 7 factors, including lessor interventions.

These 7 factors are:

• Student age

• Disciplinary history

• Disability

• Seriousness of behavior

• Safety risk

• Use of Restorative Practices

• Level of intervention

Districts shall develop and implement a code of student conduct and enforce its

provisions regarding a pupil’s 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. MDE provides a Model

Code of Student Conduct as a guide. A local or intermediate school district or a public

school academy must develop and implement a code of student conduct and enforce

the provisions of that code regarding misconduct [MCL 380.11a, 380.1311, 380.1312].

DUE PROCESS

Fairness dictates that students be given notice of the types of conduct which are

prohibited and the potential consequences of the misconduct. A school’s rules and

procedures for suspending or expelling a student should be outlined in the Code of

Conduct or handbook adopted by the local board of education.

Suspension –10 Days or Less

While the ten-day limit for short-term suspension may be widely accepted, the evidence

exists that excluding a student from two weeks of instruction can have a devastating

effect on the student, school performance, and long-term success. Therefore, as part of

its commitment to graduating well-educated students, MDE recommends the maximum

length of short-term suspensions be five days.

For a suspension of 10 days or less, a student is entitled to minimal due process

protections, including oral or written notice of the accusation(s), what disciplinary

measures are being proposed, and an opportunity to respond. If feasible, the notice

and hearing should precede the student’s removal from school. If the student’s

presence poses a danger to persons or property or threatens to disrupt the academic

process, prior notice and hearing may not be feasible. In this case, a hearing should

follow the student’s removal from school as soon as possible.

Suspension – More Than 10 Days and Expulsions

A more formal due process procedure is required when serious disciplinary measures

are alleged against a student. This includes rebuttable presumption and consideration

of the “7 factors”. The student shall be given reasonable time to prepare for the hearing.

The person conducting the disciplinary hearing must be impartial. The board of

education, a school administrator or disciplinary panel may conduct the hearing as long

as they are truly impartial.

Students with Disabilities

Students with disabilities are afforded specific due process protection in cases of

suspension or expulsion under state and federal law. For further information, contact

your local or intermediate special education director or the Office of Special Education

and Early Intervention Services toll-free at (888) 320-8384 or mde-ose@michigan.gov.

TYPES OF SUSPENSIONS AND EXPULSIONS

Recognizing exclusionary discipline’s negative impact, the school community will

reserve exclusion for only the most serious offenses. They will also employ positive

behavioral expectations, restorative practices and discipline measures, and early

intervention/diversion strategies that focus on screening and treatment to minimize

suspended students’ time away from school and potential court involvement. Please

note that when used to address a situation of serious misconduct, restorative justice

should be administered by a fully trained practitioner. If criminal charges result from the

incident, the school may choose to engage the affected parties in restorative justice

after the case is resolved in the judicial system.

In considering students’ suspension or expulsion, a district shall comply with MCL

380.1310(c)(d) as follows:

A school board or its designee shall consider using restorative practices as an

alternative or in addition to suspension or expulsion. 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. 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.

Before suspending or expelling a pupil under section 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 the 7 factors.

In general, subject to 1310(d), Michigan law requires a school district to permanently

expel (subject to possible reinstatement) a student who possesses a dangerous

weapon in a weapon-free school zone unless that student meets one of four exceptions

(listed below) provided in the law.

Michigan law also requires permanent expulsion (subject to possible reinstatement) of

students who commit arson, criminal sexual conduct against another student (as

defined in the law and noted below), or a physical assault against a school employee,

contractor, or volunteer.

Michigan law also requires school districts to suspend or expel a student in grades 6

and above who commits physical assault against another student. Those exclusions

can last no more than 180 days.

In addition, Michigan law also allows any teacher to impose one-day “snap

suspensions” from his/her class for students, and it establishes procedures the teacher

must follow when exercising this option. Under the law, the suspending teacher must

take a number of steps, outlined below.

Weapons, Arson, or Criminal Sexual Conduct Expulsion

School districts are required to permanently expel (subject to possible reinstatement)

students who possess a dangerous weapon, commit arson, or engage in criminal

sexual conduct in a school building or on school grounds. The law allows for possible

reinstatement [MCL 380.1311]. The term “dangerous weapon” means a firearm, dirk,

dagger, stiletto, iron bar, knife with a blade over 3 inches in length, pocketknife opened

by a mechanical device, and brass knuckles [MCL 380.1313(4)]. The term “criminal

sexual conduct” is defined in the Michigan Penal Code, 1931, PA 328 MCL 750.520. It

refers to sections which describe various levels of sexual penetration, sexual conduct,

and assault with intent to commit criminal sexual conduct [MCL 750.520b, 520c, 520d,

520e, 520g].

The definition of “firearm” in section 380.1311 refers to the definition of that term in the

federal Gun-Free Schools Act of 1994, which in turn refers to another section of federal

law which defines “firearm” as:

• Any weapon (including a starter gun) which will or is designed to, or may readily

be converted to, expel a projectile by the action of an explosive.

• The frame or receiver of any such weapon.

• Any firearm muffler or firearm silencer.

• Any destructive device.

Dangerous Weapon Exceptions

School boards are not required to expel a student if the student can establish in

a clear and convincing manner at least one of the following:

• The object or instrument possessed by the student was not possessed for use

as a weapon, or for direct or indirect delivery to another person for use as a

weapon.

• The weapon was not knowingly possessed by the student.

• The student did not know or have reason to know that the object or

instrument possessed by the student constituted a dangerous weapon.

• The weapon was possessed by the student at the suggestion, request or

direction of, or with the express permission of school or police authorities.

There is a rebuttable presumption that expulsion under subsection (2) for possession of

a weapon is not justified if both of the following are met:

• The school board or its designee determines in writing at least 1 of the factors

listed has been established in a clear and convincing manner.

• The pupil has no history of suspension or expulsion.

A student who possesses a weapon in a weapon-free school zone or commits arson or

criminal sexual conduct at school or on school grounds is expelled from all Michigan

public schools unless the school district operates or participates in an alternative

education program appropriate for expelled students or unless the student is reinstated

by the expelling board of education pursuant to the reinstatement procedure.

If a student is expelled for possession of a dangerous weapon in a weapon-free school

zone, arson in a school building or on school grounds, or criminal sexual conduct in a

school building or on school grounds, the school board shall ensure that within three (3)

days after the expulsion an official of the school district refers the individual to the

appropriate county department of health and human services or county department of

community mental health agency, and notifies the individual’s parent or legal guardian,

or, if the individual is at least age 18 or an emancipated minor, notifies the individual of

the referral. [MCL 380.1311(5)].

Teacher “Snap” Suspension

A teacher may suspend a student from the classroom for up to one day if the student

creates a safety threat as defined by local policy. The policy shall be adopted as part of

the school district’s code of student conduct and specify the types of behavior for which

a student may be suspended. If a student is retained in the school, the student must be

under appropriate supervision. A parent-teacher conference shall follow the suspension

as soon as possible and may include a school counselor, school psychologist, or school

social worker. A student may return that school day to the classroom, subject to activity

for which he or she was suspended, with the concurrence of the teacher and the school

principal [MCL 380.1309].

Bomb Threats or Similar Threat

If a student in grade six (6) or above makes a bomb threat, or similar threat,

directed at a school building, other school property, or a school-related event, then

the school board or the designee on behalf of the school board, as described in

MCL 380.1311(1), shall suspend or expel the pupil from the school district for a

period of time as determined at the discretion of the school board or its designee.

Physical Assault - Student to Student

A student in grade six (6) or above who commits physical assault against another

student shall be suspended or expelled for up to 180 school days by the school board or

its designee, if the physical assault is reported to the school board, superintendent, or

principal.

The term “physical assault” means “intentionally causing or attempting to cause physical

harm to another through force or violence” [MCL 380.1310].

Physical Assault - Student to Employee or Volunteer

A student expelled for committing physical assault against an employee, contractor,

or volunteer of a district at school or on school grounds is expelled from all

Michigan public schools unless the school district operates or participates in an

alternative education program appropriate for expelled students or unless the

student is reinstated by the expelling board of education pursuant to the statutory

reinstatement process.

The term “physical assault” means “intentionally causing or attempting to cause physical

harm to another through force or violence” [MCL 380.1311a].

If a student in grade six (6) or above is expelled for committing a physical assault

against a school employee, contractor, or volunteer, the school board shall ensure

that within three days after the expulsion an official of the school district refers the

individual to the appropriate county Department of Human Services or county

Department of Community Mental Health agency, and notifies the individual’s

parent or legal guardian or, if the individual is at least age 18 or is an emancipated

minor, notifies the individual of the referral [MCL 380.1311(4)].

PETITIONING FOR REINSTATEMENT

Although the law calls for the “permanent” expulsion of a student who commits a

physical assault against an employee or a volunteer of a district, at school or on school

grounds, subsection (6) provides a process for petitioning for reinstatement to school.

It is the responsibility of the petitioning person (a parent, legal guardian, or the expelled

student (if they are at least 18 years of age or an emancipated minor), to prepare and

submit the petition for reinstatement. The school board is not required to assist in the

preparation of the petition. If a petition form is requested by a person wishing to be

reinstated, the school board must make the petition form available.

A parent, legal guardian, or the student (if they are at least 18 years of age or an

emancipated minor) may initiate a petition any time after 150 school days following the

date of expulsion. A student may be reinstated 180 school days following the date of

expulsion. The local school board may include conditions in a petition for reinstatement.

If the expelling school board denies a petition for reinstatement, the petitioner may

petition another school board for reinstatement. The following timelines and procedures

apply to reinstatement.

Committee Review and Recommendation

Within 10 school days after receiving a petition for reinstatement, the school board must

appoint a committee comprised of two school board members, one school

administrator, one teacher, and one parent of a student in the school district to review

the petition and any supporting information submitted by the petitioner. During this time,

the superintendent may prepare and submit information concerning the circumstances

of the expulsion and any factors weighing in favor of or against reinstatement.

Not later than 10 school days after being appointed, the committee must review the

petition and supporting information together with information provided by the school

district and submit a recommendation to the school board. The committee may

recommend unconditional reinstatement, conditional reinstatement, or against

reinstatement. The recommendation must be accompanied by an explanation of the

reasons for the recommendation. If the recommendation is for conditional

reinstatement, it must include any recommended conditions.

The committee’s recommendation must be based on all the following factors:

• The extent to which reinstatement of the student would create a risk of harm to

pupils or school personnel.

• The extent to which reinstatement would create a risk of school district or

individual liability for the school board or school district personnel.

• The age and maturity of the individual.

• The student’s school record before the incident that caused the expulsion.

• The student’s attitude concerning the incident that caused the expulsion.

• The student’s behavior since the expulsion and the prospects for remediation.

• If the petition was filed by a parent or legal guardian, the degree of cooperation

and support that has been provided by, and that can be expected from, that

person if the student is reinstated, including, but not limited to, receptiveness

toward possible conditions placed on the reinstatement.

School Board Decision

After receiving the committee’s recommendation, the school board must decide no later

than the next regularly scheduled board meeting. The school board must decide either

to reinstate the student, conditionally reinstate the student, or deny reinstatement.

Before conditionally reinstating the student, a school board may require a student and

the parent or legal guardian to agree in writing to specific conditions. The conditions

may include, but are not limited to, the following:

• Agreement to a behavior contract which may involve the student, parent or

legal guardian, and an outside agency.

• Participation in, or completion of, an anger management program or other

appropriate counseling.

• Periodic progress reviews.

• Specified immediate consequences for failure to abide by a condition.

The law provides that the decision of the school board is final.

ALTERNATIVE EDUCATION

A school district may provide an alternative education for a student who has been

suspended or expelled. The Michigan Attorney General issued an opinion cited as

1985 OAG 6271 which stated that the board of education of a school district which, in

accordance with due process requirements, suspends for a lengthy period of time, or

permanently expels, a non-handicapped student who is subject to the compulsory

education requirements, is not mandated to provide an alternative education program

for a student.

It is the responsibility of the parent or legal guardian to locate a suitable alternative

education program and to enroll their child in a program during the expulsion. For

further information regarding alternative education programs available in your area,

contact your local or intermediate school district go to the MDE School Health and

Safety page.

A student who has been suspended or expelled from his or her resident district for any

reason may attend a nonresident alternative education program without the resident

district’s approval [MCL 388.1606(6)(g)]. In addition, a student who previously dropped

out of school, is pregnant or is a parent, or has been referred to the program by the

court may attend a nonresident alternative education program without the resident

district’s approval.

Alternative Placement - Student to Employee or Volunteer Physical Assault Expulsion

Unless the school district operates or participates in an alternative education program

appropriate for a student expelled pursuant to section 380.1311a(2) and at the school

district’s discretion admits the student to that program or a “strict discipline academy,”

the student is expelled from all Michigan public schools. A student cannot be enrolled

unless a petition for reinstatement has been granted [MCL 380.1311a(2)].

A program operated for expelled students must ensure that a student is physically

separated at all times during the school day from the general pupil population. If the

student is not placed in an alternative education program or a “strict discipline

academy,” the school district may provide or arrange for the intermediate school district

to provide to the student appropriate instructional services at home. Home based

services are designed to help students who are unable to attend school to keep up with

their studies [MCL 388.1709].

If there is no available alternative education program through his or her resident district,

an expelled student may enroll in an adult education program [MCL 388.1707(2)(b)(ii)].

The expelled student must be at least 16 years of age on September 1 of the school

year. The reason of expulsion must be due to weapons, arson, criminal sexual assault

or physical assault against an employee or a volunteer of the district.

This information is provided as a service of the Michigan Department of Education and is

distributed with the understanding that the Department is not engaged in rendering legal advice.

Those individuals desiring or requiring legal advice should seek the services of an attorney.

The sections of the Revised School Code that address Suspensions and expulsions are

contained in the Michigan Compiled Laws under MCL 380.11a, 380.1309, 380.1310, 380.1311,

380.1311a, 380.1312, 388.1606 and 388.1707.

April 2022