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New Michigan Law Gives Local School Authorities Flexibility On ‘Zero Tolerance’ Policies

Lansing, Michigan – – Local school boards will now have more discretion when making decisions on punitive actions for students, such as suspension or expulsion, under legislation signed today by Gov. Rick Snyder. Under existing state law, many districts employ a “zero tolerance” policy, meaning there is no ability to consider a student’s age, developmental disabilities or intent when deciding on punishment.

“We are giving school districts the flexibility to consider many factors when making decisions on disciplinary actions for students,” said Gov. Rick Snyder. “No longer will every student be immediately suspended or expelled due to misconduct. This is similar to measures we have taken to reform our criminal justice system by emphasizing restorative justice.”

House Bills 5618-5621 and 5693-95, sponsored by state Reps. Andy Schor, Al Pscholka, Adam Zemke, Lisa Posthumus Lyons, Martin Howrylak, David LaGrand and Peter Lucido, respectively, will require school officials to consider situation-specific factors before suspending or expelling a child. These factors may includeage and disciplinary history, whether the child has a disability, and whether the behavior threatened the safety of another student or staff member.The legislation also encourages the practice of restorative practices or lesser punishment if they properly address the violation.

The bills reflect cooperative agreement between the education community, probate judges and the ACLU. They are now Public Acts 360 through 366 of 2016.

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