SENATE BILL No. 283

 

 

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.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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

 

board.

 

     (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

 

knowledge.

 

     (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

 

overdose.

 

     (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

 

1963.

 

     (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

 

702.

 

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

 

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

 

24.328.

 

     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

 

section.

 

     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.