(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.

(2) Subject to subsection (3) and section 1310d, if a pupil possesses in a weapon free school zone a weapon that constitutes a dangerous weapon, commits arson in a school building or on school grounds, commits criminal sexual conduct in a school building or on school grounds, or pleads to, is convicted of, or is adjudicated for criminal sexual conduct against another pupil enrolled in the same school district, the school board, or the designee of the school board as described in subsection (1) on behalf of the school board, shall expel the pupil from the school district permanently, subject to possible reinstatement under subsection (6). However, a school board is not required to expel a pupil for possessing a weapon if the pupil establishes in a clear and convincing manner at least 1 of the following: (a) The object or instrument possessed by the pupil was not possessed by the pupil for use as a weapon, or for direct or indirect delivery to another individual for use as a weapon. (b) The weapon was not knowingly possessed by the pupil. (c) The pupil did not know or have reason to know that the object or instrument possessed by the pupil constituted a dangerous weapon. (d) The weapon was possessed by the pupil at the suggestion, request, or direction of, or with the express permission of, school or police authorities. (3) 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: (a) The school board or its designee determines in writing that at least 1 of the factors listed in subsection (2)(a) to (d) has been established in a clear and convincing manner. (b) The pupil has no history of suspension or expulsion.

A district is encouraged to implement a plan to reduce pupil expulsions and suspensions that exceed 10 days. It is the intent of the legislature that a district that has not implemented a plan to reduce pupil expulsions and suspensions that exceed 10 days will be subject to forfeiture of a portion of its total state school aid.

Model code of conduct emphasizes reserving exclusion for only the most serious offenses and provides guidance to employ discipline measures and early intervention/diversion strategies with a focus on screening and treatment to minimize suspended students’ time away from school and potential court involvement; also details exceptions for which exclusion is not required in response to certain serious offenses.