Michigan Legislature Considers Major School Safety and Student Health Measures

The Michigan Legislature is reviewing proposals that could fundamentally reshape school safety protocols and student health accommodations statewide. These measures carry substantial compliance, operational, and legal implications for school districts, ISDs, and public school academies. Below is an overview of the key legislation under consideration.

Senate Bills 470 & 471– Statewide Behavioral Threat Assessment Program

The Senate Education Committee is considering SB 470 and SB 471, which together propose a comprehensive statewide framework for school threat assessment and management. These bills respond to growing concerns about school safety and aim to establish uniform standards across Michigan.

Key Provisions:

• Statewide Program Creation: Require the Michigan State Police (MSP) to develop and implement a Statewide Behavioral Threat Assessment and Management Program within 180 days of the bills’ effective date. The Program would identify, assess, manage, and monitor potential and actual threats to schools.
• Participation: Allow school districts, intermediate school districts (ISDs), public school academies (PSAs), and nonpublic schools to participate in the Program.
• Case Management & Training: Require MSP to procure a case management system and provide role-based training for authorized school personnel upon implementation and annually thereafter.
• Audits & Compliance: Mandate MSP to conduct quarterly access reviews and audits, with participating schools required to comply.
• Annual Reporting: Require MSP to submit an annual report by March 15 detailing Program activities and the Program Fund (created under SB 471) to the Legislature and fiscal agencies.
• Data Classification & Access: Classify Program records as educational records, subject to applicable retention and destruction laws, and allow parents or guardians direct access to their child’s records.
• Risk Assessment & Intervention: Require MSP to approve a student risk-level model and ensure the Program manages and documents student intervention plans.
• Security & Standards: Establish requirements for data security and Program standards.
• Fiscal Impact: The legislation would require the Program be made available to schools, but it would not mandate its use. If schools chose to use the Program, there would likely be some administrative costs that would be handled within existing appropriations.

Full Analysis Click Here  

House Bill 5044 – Medically Necessary Treatment During School Hours

HB 5044  would require Michigan school districts, ISDs, and PSAs to adopt policies by July 1, 2026 allowing students to receive medically necessary treatment in school settings when prescribed or recommended by a private health care specialist. While the bill aims to improve access to care, it introduces significant operational, legal, and compliance challenges under federal disability laws such as IDEA, ADA, and Section 504.

Key Provisions:

• Policy Development & Publication: Adopt and publicly post a policy by July 1, 2026.
• Scope of Treatment: Includes medical devices, therapies, and interventions (e.g., Applied Behavior Analysis).
• Provider Access: Private health care specialists may observe, collaborate, and provide treatment in school.
• Parent Notifications: Inform parents/legal guardians of rights under state and federal law to appeal the decision of the board or board of directors concerning access to medically necessary treatment in the school setting.
• Meeting Timeline: Convene a meeting within 30 days of a request to determine accommodations.
• Accommodation Standard: Schools must allow treatment unless it imposes a fundamental alteration or an undue burden on the school under federal law.
• Annual Reporting: Submit data on requests, approvals, and denials to MDE; comply with FERPA and HIPAA.

Full Analysis Click Here

Legal Impact of HB 5044

While HB 5044 seeks to expand access to health services, it raises significant administrative and legal concerns:

1. Overlap and Conflict with IDEA

• IDEA mandates schools provide services through an IEP for eligible students.
• HB 5044 introduces a parallel process driven by private providers, which could:
  • Circumvent IEP team authority.
  • Create dual systems for service delivery.
  • Trigger disputes over funding and compliance with least restrictive environment (LRE) requirements.

2. Section 504 and ADA Compliance Issues

• HB 5044’s language on “undue burden” and “fundamental alteration” mirrors ADA standards but adds complexity:
  • Conflicting interpretations between school boards and private providers.
  • Increased risk of state complaints, due process complaints, civil rights complaints, or OCR investigations.

3. FERPA and HIPAA Privacy Conflicts

• Collaboration with private providers requires sharing sensitive student data.
• Schools must implement strict consent protocols and secure communication systems to avoid violations.

4. Liability and Risk Management

• External providers on school premises raise:
  • Premises liability concerns.
  • Credential verification and malpractice coverage issues.
  • Potential conflicts with union agreements.

5. Unfunded Mandate

• HB 5044 imposes significant administrative duties without dedicated funding:
  • Policy development.
  • Parent notifications.
  • Annual reporting to MDE.

6. Operational Disruption

• Treatments during instructional time could:
  • Interfere with classroom management.
  • Require staff training and accommodations beyond current capacity.

Bottom Line: HB 5044 could create overlapping obligations under IDEA, Section 504, and ADA, leading to compliance complexity and potential litigation risk. Communicate concerns to legislators regarding funding, legal, and operational impact.

For inquiries, please contact Eric Feldman at Feldmane@millerjohnson.com or (313) 435-2355.