2024 House Bill 5861

Education: other; office of the student victims' rights ombudsman; create.

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1535a (MCL 380.1535a), as amended by 2016 PA 532 and by adding section 1179c.

AI Analysis – Experimental

The bill establishes the Office of the Student Victims' Rights Ombudsman within the Department of Education, designating a principal executive officer to assist students and their guardians in understanding their rights related to sexual misconduct by school employees. The ombudsman is tasked with investigating potential violations of school policies and laws, ensuring compliance, and issuing statewide guidance on best practices to address sexual misconduct.

The bill mandates cooperation from school districts and other educational entities in investigations conducted by the ombudsman. It also introduces stringent measures for handling teaching certificates of individuals convicted of specific crimes, including felonies and misdemeanors related to sexual misconduct and child abuse. The superintendent of public instruction is required to notify individuals of potential suspension of their teaching certificates and provide a hearing process. In cases of severe crimes, the superintendent must order an emergency suspension and offer a subsequent hearing.

The legislation outlines detailed procedures for the suspension, revocation, and potential reinstatement of teaching certificates, emphasizing the protection of public health, safety, and welfare. It requires schools to discontinue compensation for individuals suspended due to criminal convictions and mandates reinstatement and compensation if convictions are reversed on appeal. The bill also stipulates reporting requirements for the superintendent of public instruction to the legislature and the development of an automated program to compare teaching certificate holders with criminal conviction records.

The bill impacts various stakeholders, including students, parents, school employees, and educational institutions, by enhancing protections against sexual misconduct and ensuring accountability for educators. It sets specific timelines for notifications, hearings, and reporting, aiming to streamline processes and uphold the integrity of the educational environment.

Introduced in the House

June 26, 2024

Introduced by Rep. Brad Paquette (R-37)

Referred to the Committee on Government Operations