April 24, 2019, Introduced by Senator LUCIDO and referred to the Committee on Health Policy           and Human Services.




     A bill to amend 1976 PA 451, entitled


"The revised school code,"


by amending sections 5 and 1178 (MCL 380.5 and 380.1178), as


amended by 2016 PA 385; and to repeal acts and parts of acts.




     Sec. 5. (1) "Local act school district" means a district


governed by a local act or chapter of a local act. "Local school


district" and "local school district board" as used in article 3


include a local act school district and a local act school district




     (2) "Membership" means the number of full-time equivalent


pupils in a public school as determined by the number of pupils


registered for attendance plus pupils received by transfer and


minus pupils lost as defined by rules promulgated by the


superintendent of public instruction.

     (3) "Michigan election law" means the Michigan election law,


1954 PA 116, MCL 168.1 to 168.992.


     (4) "Nonpublic school" means a private, denominational, or


parochial school.


     (5) "Objectives" means measurable pupil academic skills and




     (6) "Opioid antagonist" means naloxone hydrochloride or any


other similarly acting and equally safe drug approved by the United


States Food and Drug Administration for the treatment of drug




     (7) "Opioid-related overdose" means a condition, including,


but not limited to, extreme physical illness, decreased level of


consciousness, respiratory depression, coma, or death, that results


from the consumption or use of an opioid or another substance with


which an opioid was combined or that an individual who has received


training approved by a licensed registered professional nurse in


the administration of an opioid antagonist would believe to be an


opioid-related overdose that requires medical assistance.


     (6) (8) "Public school" means a public elementary or secondary


educational entity or agency that is established under this act or


under other law of this state, has as its primary mission the


teaching and learning of academic and vocational-technical skills


and knowledge, and is operated by a school district, intermediate


school district, school of excellence corporation, public school


academy corporation, strict discipline academy corporation, urban


high school academy corporation, or by the department, the state


board, or another public body. Public school also includes a

laboratory school or other elementary or secondary school that is


controlled and operated by a state public university described in


section 4, 5, or 6 of article VIII of the state constitution of




     (7) (9) "Public school academy" means a public school academy


established under part 6a and, except as used in part 6a, also


includes an urban high school academy established under part 6c, a


school of excellence established under part 6e, and a strict


discipline academy established under sections 1311b to 1311m.


     (8) (10) "Pupil membership count day" of a school district


means that term as defined in section 6 of the state school aid act


of 1979, MCL 388.1606.


     (9) (11) "Qualifying school district" means a school district


that was previously organized and operated as a first class school


district governed by part 6 that has a pupil membership of less


than 100,000 enrolled on its most recent pupil membership count


day, including, but not limited to, a school district that was


previously organized and operated as a first class school district


before June 21, 2016.


     (10) (12) "Regular school election" or "regular election"


means the election held in a school district, local act school


district, or intermediate school district to elect a school board


member in the regular course of the terms of that office and held


on the school district's regular election date as determined under


section 642c of the Michigan election law, MCL 168.642c.


     (11) (13) "Reorganized intermediate school district" means an


intermediate school district formed by consolidation or annexation

of 2 or more intermediate school districts under sections 701 and




     (12) (14) "Rule" means a rule promulgated under the


administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to




     Sec. 1178. (1) Subject to subsection (2), a school


administrator, teacher, or other school employee designated by the


school administrator, who in good faith administers medication to a


pupil in the presence of another adult or in an emergency that


threatens the life or health of the pupil, pursuant to written


permission of the pupil's parent or guardian, and in compliance


with the instructions of a physician, physician's assistant, or


certified nurse practitioner, or a school employee who in good


faith administers an epinephrine auto-injector to an individual


consistent with the policies under section 1179a, or in good faith


administers an opioid antagonist to an individual consistent with


the policies under section 1179b, is not liable in a criminal


action or for civil damages as a result of an act or omission in


the administration of the medication , or epinephrine auto-


injector, or opioid antagonist, except for an act or omission


amounting to gross negligence or willful and wanton misconduct.


     (2) If a school employee is a licensed registered professional


nurse, subsection (1) applies to that school employee regardless of


whether the medication , or epinephrine auto-injector , or opioid


antagonist is administered in the presence of another adult.


     (3) A school district, nonpublic school, member of a school


board, or director or officer of a nonpublic school is not liable

for damages in a civil action for injury, death, or loss to person


or property allegedly arising from a person acting under this




     Enacting section 1. Section 1179b of the revised school code,


1976 PA 451, MCL 380.1179b, is repealed.


     Enacting section 2. This amendatory act takes effect 90 days


after the date it is enacted into law.


     Enacting section 3. This amendatory act does not take effect


unless all of the following bills of the 100th Legislature are


enacted into law:


     (a) Senate Bill No. 200.


     (b) House Bill No. 4367.