Toolkit is designed to accompany the Model Code of Student Conduct and provides guidance on enacting culture change in K-12 schools and addressing behavioral concerns using non-exclusionary methods.

Memo addresses toolkit designed to provide guidance on enacting culture change in K-12 schools and addressing behavioral concerns using non-exclusionary methods.

Statement emphasizes addressing behavioral concerns using non-exclusionary methods.

(1) A school board or its designee shall consider using restorative practices as an alternative or in addition to suspension or expulsion under this act. 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.

(2) Restorative practices may include victim-offender conferences that are initiated by the victim; that are approved by the victim’s parent or legal guardian or, if the victim is at least age 15, by the victim; that are attended voluntarily by the victim, a victim advocate, the offender, members or the school community, and supporters of the victim and the offender; and that provide an opportunity for the offender to accept responsibility for the harm caused to those affected by the misconduct and to participate in setting consequences to repair the harm. The attendees, known as a restorative practices team, may require the pupil to do 1 or more of the following: apologize; participate in community service, restoration, or counseling; or pay restitution. The selected consequences shall be incorporated into an agreement that sets time limits for completion of the consequences and is signed by all participants. 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.

(3) As used in this section:

• (a) “Bullying” and “cyberbullying” mean those terms as defined in section 1310b.

• (b) “Restorative practices” means practices that emphasize repairing the harm to the victim and the school community caused by a pupil’s misconduct.

• (c) “School board” means a school board, intermediate school board, or the board of directors of a public school academy.

• (d) “School district” means a school district, an intermediate school district, or a public school academy.

(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.

Model code of conduct emphasizes addressing behavioral concerns using non-exclusionary methods.