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A 14-year-old in Lansing is caught with a vape in a middle school bathroom, and the assistant principal starts talking about a long suspension. Michigan law does not let that decision happen on autopilot. Before suspending or expelling a student, a Michigan public school has to stop and think through seven specific things about the student and what happened.
School until 18, and what counts as suspension
Michigan's compulsory attendance law (the rule that says you must go to school) covers today's students from age 6 until their 18th birthday. There is one exit: at 16, a student can stop attending if a parent or legal guardian gives the school district a written notice of permission.
Michigan law also draws a clear line between two words. To 'suspend' means to keep a student out of school for discipline for fewer than 60 school days. To 'expel' means 60 school days or more.
The seven factors, and your right to tell your side
Before any suspension or expulsion, the school must consider your age, your discipline history, whether you have a disability, how serious the behavior was, whether it threatened anyone's safety, whether restorative practices (a meeting to repair the harm instead of only punishing) will be used, and whether a lesser step would fix the problem.
For a suspension of more than 10 days or an expulsion, Michigan adds a rebuttable presumption, meaning the law starts by assuming the punishment is not justified unless the school can show it weighed all seven factors. The one exception is an expulsion for having a firearm in a weapon-free school zone.
The U.S. Constitution sets the floor. In Goss v. Lopez (1975), the Supreme Court held that even a suspension of 10 days or less requires notice of the charges and, if you deny them, an explanation of the evidence and a chance to give your version. Ask for that chance. You are allowed to. Your district's code of conduct explains how to appeal; we could not confirm one statewide appeal process, so read your district's version.
Bullying: what the Matt Epling Safe School Law requires
Michigan's anti-bullying law is named for Matt Epling. It requires every public school district and charter school to adopt a policy that bans bullying, including cyberbullying, and bans retaliation against anyone who reports it. The policy must protect all students no matter what the bullying is about.
After a report, the policy must provide a prompt investigation led by the principal or the principal's designee, a way to notify the parents of both the target and the student accused, and confidentiality for the person who reported. A student or parent who reports in good faith, following the policy, cannot be sued for damages over the report. Schools also report verified incidents to the Michigan Department of Education every year.
Where to take a complaint
Start with your school. Ask the office for a written copy of the bullying policy and the district's discrimination complaint procedure; the Michigan Department of Education says every district must have one, and many print it in the student handbook.
If the problem is discrimination, such as treatment based on race, sex, disability, height, or weight, you can also file with the Michigan Department of Civil Rights, which enforces the Elliott-Larsen Civil Rights Act, and with the U.S. Department of Education's Office for Civil Rights, whose Denver office serves Michigan at ocr.denver@ed.gov. You do not have to finish the district's process first.
Sonje sa
- Most Michigan students must attend school from 6 until their 18th birthday; at 16, a parent's written permission lets a student stop.
- A Michigan school must weigh seven factors, including your age and whether a lesser step would work, before any suspension or expulsion.
- Under Goss v. Lopez (1975), even a short suspension comes with notice and a chance to tell your side.
- The Matt Epling Safe School Law requires a bullying policy with a prompt investigation, parent notice, and protection from retaliation.
Sous
- Michigan Legislature: MCL 380.1310d, factors before suspension or expulsion (ap louvri nan yon nouvo onglè)
- Michigan Legislature: MCL 380.1310b, Matt Epling Safe School Law (ap louvri nan yon nouvo onglè)
- Michigan Department of Education: How to File a Complaint (ap louvri nan yon nouvo onglè)
- Legal Information Institute (Cornell): Goss v. Lopez, 419 U.S. 565 (1975) (ap louvri nan yon nouvo onglè)
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