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School Safety Legislation Responsibilities

School Safety Legislation Responsibilities of Public and Non-Public School Administrators and School/Governing Boards for Certificated/State Board Approved Personnel

Event

Action to be Taken

Arraigned for a Misdemeanor Offense not enumerated in MCL 380.1535a and/or MCL 380 1539b

Legislation does not require notification to the Superintendent, the School Board, the Chief Administrator, or the Governing Board nor does it require any employment action to be taken.

Arraigned for a Misdemeanor offense (Non-Listed Offense) as enumerated in MCL 380.1535a and/or MCL 380.1539b

Must receive the completed Arraignment Disclosure Form with a copy submitted to the Department of Education within 3 business days after being arraigned for the crime.

Arraigned for a Felony Offense (Non-Listed Offense) enumerated in MCL 380.1535a and/or MCL 380.1539b

Must receive the completed Arraignment Disclosure Form with a copy submitted to the Department of Education within 3 business days after being arraigned for the crime.

Arraigned for a Listed Offense enumerated in Section 2 of the Sex Offenders Registration Act, 1994 PA 295, MCL 28.722

Must receive the completed Arraignment Disclosure Form with a copy submitted to the Department of Education within 3 business days after being arraigned for the crime.

Misdemeanor Conviction not enumerated in MCL 380.1535a and/or MCL 380 1539b

Legislation does not require notification to the Superintendent, the School Board, the Chief Administrator, or the Governing Board nor does it require any employment action to be taken.

Misdemeanor Conviction (Non-Listed Offense) as enumerated in MCL 380.1535a and/or MCL 380.1539b

Must receive the completed State Court Conviction Disclosure Form. Though, the Legislation does not require the Superintendent and the School Board or the Chief Administrator, and the Governing Board to take any employment action, it still requires notification to the Department of Education of the conviction.

Any Felony Conviction (Non-Listed Offense) as enumerated in MCL 380.1535a and/or MCL 380.1539b

Must receive the completed State Court Conviction Disclosure Form. Notification to the Department of Education of the conviction. The Superintendent and the School Board, or for the Non-Public Schools, the Chief Administrator and the Governing Board must agree, in writing, to hire or retain the employee.

Conviction for a Listed Offense enumerated in Section 2 of the Sex Offenders Registration Act, 1994 PA 295, MCL 28.722

Must receive the completed State Court Conviction Disclosure Form. Notification to the Department of Education of the conviction. Employment is to be terminated.

School Safety Legislation Responsibilities of Public and Non-Public School Administrator and School/Governing Boards for Non-Certificated Personnel

Event

Action to be Taken

Arraigned for a Misdemeanor Offense not enumerated in MCL 380.1535a and/or MCL 380 1539b

Legislation does not require notification to the Superintendent, the School Board, the Chief Administrator, or the Governing Board nor does it require any employment action to be taken.

Arraigned for a Misdemeanor offense (Non-Listed Offense) enumerated in MCL 380.1535a and/or MCL 380.1539b

Must receive the completed Arraignment Disclosure Form with a copy submitted to the Department of Education within 3 business days after being arraigned for the crime.

Arraigned for a Felony Offense (Non-Listed Offense) enumerated in MCL 380.1535a and/or MCL 380.1539b

Must receive the completed Arraignment Disclosure Form with a copy submitted to the Department of Education within 3 business days after being arraigned for the crime.

Arraigned for a Listed Offense enumerated in Section 2 of the Sex Offenders Registration Act, 1994 PA 295, MCL 28.722

Must receive the completed Arraignment Disclosure Form with a copy submitted to the Department of Education within 3 business days after being arraigned for the crime.

Misdemeanor Conviction not enumerated in MCL 380.1535a and/or MCL 380 1539b

Legislation does not require notification to the Superintendent, the School Board, the Chief Administrator, or the Governing Board nor does it require any employment action to be taken.

Misdemeanor Conviction (Non-Listed Offense) as enumerated in MCL 380.1535a and/or MCL 380.1539b

Must receive the completed State Court Conviction Disclosure Form. Legislation does not require the Superintendent, the School Board, the Chief Administrator, or the Governing Board to take any employment action.

Any Felony Conviction (Non-Listed Offense) as enumerated in MCL 380.1535a and/or MCL 380.1539b

Must receive the completed State Court Conviction Disclosure Form. The Superintendent and the School Board, or for the Non-Public Schools, the Chief Administrator and the Governing Board must agree, in writing, to hire or retain the employee.

Conviction for a Listed Offense enumerated in Section 2 of the Sex Offenders Registration Act, 1994 PA 295, MCL 28.722

Must receive the completed State Court Conviction Disclosure Form. Employment is to be terminated.

School Safety Legislation Responsibilities of Certificated/State Board Approved Personnel

Action

Action to be Taken

Arraigned for a Misdemeanor Offense not enumerated in MCL 380.1535a and/or MCL 380 1539b

Legislation does not require any action to be taken.

Arraigned for a Misdemeanor offense (Non-Listed Offense) as enumerated in MCL 380.1535a and/or MCL 380.1539b

Must provide a completed Arraignment Disclosure Form within 3 business days after being arraigned for the crime to the School Superintendent/Chief Administrator and the Department of Education.

Arraigned for a Felony Offense (Non-Listed Offense) enumerated in MCL 380.1535a and/or MCL 380.1539b

Must provide the completed Arraignment Disclosure Form within 3 business days after being arraigned for the crime to the School Superintendent/Chief Administrator and the Department of Education. .

Arraigned for a Listed Offense enumerated in Section 2 of the Sex Offenders Registration Act, 1994 PA 295, MCL 28.722

Must provide the completed Arraignment Disclosure Form within 3 business days after being arraigned for the crime to the School Superintendent/Chief Administrator and the Department of Education.

Misdemeanor Conviction not enumerated in MCL 380.1535a and/or MCL 380.1539b

Legislation does not require any action to be taken.

Misdemeanor Conviction (Non-Listed Offense) as enumerated in MCL 380.1535a and/or MCL 380.1539b

Must provide the completed State Court Conviction Disclosure Form to the Department of Education and Superintendent or Chief Administrator. Failure to do so is a violation of the Law.

Any Felony Conviction (Non-Listed Offense) as enumerated in MCL 380.1535a(1) and/or MCL 380.1539b(1)

Must provide the completed State Court Conviction Disclosure Form to the Department of Education and Superintendent or Chief Administrator. Failure to do so is a violation of the Law.

Conviction for a Listed Offense enumerated in Section 2 of the Sex Offenders Registration Act, 1994 PA 295, MCL 28.722 or an offense enumerated in MCL 380. 1535a(2) or 1539b(2)

Must provide the completed State Court Conviction Disclosure Form to the Department of Education and Superintendent or Chief Administrator. Failure to do so is a violation of the Law.

School Safety Legislation Responsibilities of the Michigan Department of Education for Certificated/State Board Approved Personnel

Event

Action to be Taken

Arraigned for a Misdemeanor Offense not enumerated in MCL 380.1535a and/or MCL 380. 1539b

Legislation does not require any action to be taken.

Arraigned for a Misdemeanor offense (Non-Listed Offense) as enumerated in MCL 380.1535a and/or MCL 380.1539b

Must receive the completed Arraignment Disclosure Form within 3 business days after being arraigned for the crime.

Arraigned for a Felony Offense (Non-Listed Offense) enumerated in MCL 380.1535a and/or MCL 380.1539b

Must receive the completed Arraignment Disclosure Form within 3 business days after being arraigned for the crime.

Arraigned for a Listed Offense enumerated in Section 2 of the Sex Offenders Registration Act, 1994 PA 295, MCL 28.722

Must receive the completed Arraignment Disclosure Form within 3 business days after being arraigned for the crime.

Misdemeanor Conviction not enumerated in MCL 380.1535a and/or MCL 380.1539b

Legislation does not require any action to be taken. But the Department does review the court documents.

Misdemeanor Conviction (Non-Listed Offense) as enumerated in MCL 380.1535a and/or MCL 380.1539b

Must receive the completed State Court Conviction Disclosure Form. Notification to the Certificate and/or State Board Approval Holder that his/her certificate and/or State Board Approval may be suspended or revoked and their right to a Hearing on the matter. If they don’t avail themselves to a Hearing the Certificate and/or State Board Approval will be suspended.

Any Felony Conviction (Non-Listed Offense) as enumerated in MCL 380.1535a(1) and/or MCL 380.1539b(1)

Must receive the completed State Court Conviction Disclosure Form. Notification to the Certificate and/or State Board Approval Holder that his/her certificate and/or State Board Approval may be suspended or revoked and of their right to a Hearing on the matter. If they don’t avail themselves to a Hearing the Certificate and/or State Board Approval will be suspended.

Conviction for a Listed Offense enumerated in Section 2 of the Sex Offenders Registration Act, 1994 PA 295, MCL 28.722 or an offense enumerated in MCL 380.1535a(2) or 1539b(2)

Must receive the completed State Court Conviction Disclosure Form. Notification to the Certificate and/or State Board Approval Holder that his/her certificate and/or State Board Approval is Summarily Suspended and of their right to request a Hearing on the matter.

Criminal History and Professional Practices Forms

District Conviction Disclosure for Credentialed Personnel

Within 15 days of learning of certain educator convictions, the district board president must notify the superintendent of public instruction of that conviction.

 

District Criminal Conviction Disclosure Form

District Conviction Disclosure and Action Form for All Personnel

Within 60 days of receiving any report of an enumerated offense by any employee/contractor, the district must report to the Michigan Department of Education the information received and any action taken as a result of the report.

District Conviction Disclosure and Action Form

District Felony Conviction Employment Form

In some circumstances, districts may legally employ an individual with a felony with board approval and notification to MDE.  For those individuals, the district felony conviction employment form must be submitted to MDE prior to hire or continued employment.

 

District Felony Conviction Employment Form

School Personnel and Applicant Criminal Arraignment Disclosure Form

Within three days of arraignment for certain crimes, or the first time a criminal defendant appears in court where they hear the charges against them and submit a plea, Michigan law requires all employed personnel, personnel regularly and continuously employed under contract, and applicants for employment to report the arraignment to their employing district and MDE.

 

Criminal Arraignment Disclosure Form

School Personnel Criminal Conviction Disclosure Form

Immediately upon conviction of certain crimes, the employed personnel and personnel working regularly and continuously under contract must submit the school personnel criminal conviction disclosure form to their employing district, MDE, and the prosecuting attorney.

 

School Personnel Criminal Conviction Disclosure Form