Legislative Analysis
Phone: (517) 373-8080
SCHOOL SAFETY REQUIREMENTS
http://www.house.mi.gov/hfa
House Bill 4095 as introduced Analysis available at
Sponsor: Rep. Stephanie A. Young http://www.legislature.mi.gov
House Bill 4096 as introduced
Sponsor: Rep. Ranjeev Puri
House Bill 5549 as introduced
Sponsor: Rep. Kelly Breen
House Bill 5659 as introduced House Bill 5660 as introduced
Sponsor: Rep. Luke Meerman Sponsor: Rep. Nancy DeBoer
Committee: Education
Revised 12-3-24
SUMMARY:
House Bills 4095 and 4096 would amend the Revised School Code to require MSP to develop
a standardized response terminology plan to provide direction for terminology that should be
used by schools in response to certain situations and to require the governing bodies of public
and nonpublic schools to adopt and implement the plan.
House Bill 4096 would require MSP, by July 1, 2024, to promulgate rules establishing a
standardized response terminology plan and to provide the plan to public and nonpublic
schools. The plan would have to include at least all of the following:
• Direction concerning terminology that should be used by schools in response to certain
situations that occur in or at their school buildings, including at least the following:
o Lockdown should be used when there is an existing threat in or at a school
building or a threat is expecting to arrive there imminently.
o Secure mode should be used when it is determined that a lockdown is not
necessary but heightened security is needed because of a potential external
threat. Under secure mode, instruction would have to continue in a normal
manner, but access to the school building, movement throughout the building,
and student activities would have to be limited and monitored.
o Shelter in place should be used when conditions are safer inside a school
building than they are outside the building. These conditions would include
such things as certain sever weather conditions or hazardous materials
incidents that are in close proximity to the school building.
o Reverse evacuation should be used when students and school staff need to
move rapidly but systematically from an outdoor area to an indoor area where
they can be protected from a threat.
o Room clear should be used when students need to be evacuated from a specific
place in a school building to a safer place in the building to protect them from
harm or to allow school staff and first responders to address an incident.
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• Direction providing that all public and nonpublic schools should be in “secure mode”
as described above when instruction is being provided.
• Direction concerning the use of a color-coding system to indicate when the terminology
described above should be in use at a public or nonpublic school.
School building would mean a building intended for providing instruction or a
recreational or athletic structure or field intended for student use.
Proposed MCL 380.1308c
House Bill 4095 would require the board of a school district or ISD, the board of directors of
a public school academy (PSA, or charter school), or the governing body of a nonpublic school
to ensure that it adopts and implements the standardized response terminology plan established
under House Bill 4096.
House Bill 4095 would not take effect unless HB 4096 were also enacted.
Proposed MCL 380.1308d
House Bill 5549 would amend the Revised School Code to require that the board of each public
school have a behavior threat assessment and management team and provide for individuals
who should serve on that team.
A threat assessment and management team would have to include at least the following
individuals:
• A school administrator, who would be responsible for ensuring that the behavior threat
assessment and management team fulfills its duties (as described below).
• A mental health professional.
• A school resource officer or other law enforcement official.
Mental health professional would mean an individual who is trained and experienced
in the area of mental illness or developmental disabilities and is one of the following
as authorized under the Public Health Code:
• A physician.
• A psychologist.
• A licensed or authorized registered professional nurse.
• A licensed master’s social worker.
• A licensed professional counselor.
• A marriage and family therapist.
The duties of the team would include at least all of the following:
• Defining prohibited and concerning behavior and educating the school community on
when someone is at risk for potential harm to themselves or others.
• Monitoring, assessing, and performing inquiries into concerning behavior.
• Distinguishing between credible and noncredible threats.
• Developing a central reporting mechanism and educating students, parents, legal
guardians, and school personnel on how to report concerning behavior and what is
appropriate to report.
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• Outlining the relationship between school personnel and law enforcement and
determining the threshold for when a situation requires the intervention of law
enforcement.
• Developing a written plan to assist a student who is engaging in concerning behavior.
The plan would have to consider using supportive measures in addition to any punitive
measures imposed.
Supportive measures would mean interventions involving school-based and
community-based support structures that focus on building resiliency and protecting
the student while also addressing any safety concerns.
Proposed MCL 380.1308c
House Bill 5659 would amend the Comprehensive School Safety Plan Act to eliminate the
current School Safety Commission, effective December 31, 2024, and repeal the section that
established that commission. The bill would create a new commission, the School Safety and
Mental Health Commission, in the Department of State Police, effective January 1, 2025.
The new commission would have to do all of the following:
• Collaborate to provide recommendations to reduce youth suicides and strengthen the
mental health of school-aged children, adolescents, and their families through a
comprehensive, statewide approach.
• Seek input from educational professionals, mental health professionals, and
organizations from across the state to suggest approaches to identify and support
students at risk of behavioral health issues.
• Collaborate with the Michigan Suicide Prevention Commission on recommendations
regarding youth suicide.
• Create and maintain an online community through which best practices and resources
can be shared.
• Convene symposiums with other relevant commissions, organizations, and
professionals.
• Convey recommendations to the Department of Licensing and Regulatory Affairs
(LARA) and the Bureau of Construction Codes within LARA concerning building
construction that is consistent with school safety needs.
The commission would consist of the following 12 individuals appointed by the governor:
• One member who has experience in school mental health, appointed from a list of three
or more names submitted by the House minority leader.
• One member who has a background in law enforcement, appointed from a list of three
or more names submitted by the speaker of the House.
• One member who is a parent, appointed from a list of three or more names submitted
by the speaker of the House.
• One member who has experience with special education, appointed from a list of three
or more names submitted by the speaker of the House.
• One member who is a school psychologist or psychiatrist, appointed from a list of three
or more names submitted by the Senate minority leader.
• One member who is a behavioral health professional or behavioral psychologist,
appointed from a list of three or more names submitted by the Senate majority leader.
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• One member who is a teacher, appointed from a list of three or more names submitted
by the Senate majority leader.
• One member who is affiliated with a community-based organization working with
youths, appointed from a list of three or more names submitted by the Senate majority
leader.
• One member who has a background in school administration.
• One member who has experience in school threat assessments.
• One member who has experience in providing inpatient treatment to children under 18.
• One member who is a current student or recent graduate of a high school.
In addition to these appointed members, the director of the Department of State Police, the
state superintendent of public instruction, and the director the Department of Health and
Human Services, or their respective designees, would each serve as nonvoting commission
members. The commission could hire an executive director and staff, although commission
members would themselves serve without compensation.
Of the members first appointed, seven would serve two-year terms and five would serve four-
year terms. After those terms end, members would serve four-year terms or until a successor
is appointed, whichever is later. Vacancies in the commission would have to be filled in the
same way as the original appointment. The governor could remove a member of the
commission for incompetence, dereliction of duty, malfeasance, or nonfeasance in office, or
any other good cause.
The commission would have to meet at least quarterly. A majority of its members would
constitute a quorum, and a vote of the majority of the members of the commission would be
required for any commission action. The commission would be subject to the Open Meetings
Act and the Freedom of Information Act.
Starting October 30, 2026, and annually by each October 30 thereafter, the commission would
have to prepare and issue an annual report detailing its findings, recommendations, and updates
on prior initiatives. The committee would have to make this report publicly available on the
Department of State Police website and also send a copy to the following:
• The House and Senate school aid appropriation committees.
• The House and Senate standing committees on education.
• The House and Senate fiscal agencies.
MCL 28.803, proposed MCL 28.806, and MCL 28.805 (repealed)
House Bill 5660 would amend provisions of the Revised School Code to refer to the School
Safety and Mental Health Commission instead of the School Safety Commission, beginning
January 1, 2025. The bill cannot take effect unless House Bill 5659 is also enacted.
MCL 380.6, 380.1241, and 380.1308a
House Fiscal Agency HBs 4095, 4096, 5549, 5659, and 5660 as introduced Page 4 of 5
FISCAL IMPACT:
House Bills 4095 and 4096 would have no substantial fiscal impact on the Department of State
Police, as existing resources could fulfill its responsibilities as added by the bills. The bills
could create minimal costs for school districts, ISDs, and PSAs to adopt and implement the
standardized response terminology plan. These costs would likely be absorbed using existing
staff time.
House Bill 5549 would have no fiscal impact on the state and could create minimal costs for
school districts, ISDs, and PSAs to operate a behavior threat assessment and management team
for each school. These costs would likely be absorbed using existing staff time.
House Bill 5659 would have an indeterminate fiscal impact on the state and no fiscal impact
on local units of government. The School Safety and Mental Health Commission (SSMHC)
would take over many of the School Safety Commission’s functions related to school safety,
while also assuming new functions related to student mental health and suicide prevention,
which could result in increased costs for MSP that would likely be absorbed by existing
appropriations. The SSMHC would also be newly allowed (but not required) to hire an
executive director and staff and to reimburse commissioners for certain costs. Because the bill
does not require funding to be appropriated for these purposes and the SSMHC’s costs cannot
be predicted, an estimate of the fiscal impact on the state cannot be made.
House Bill 5660 is a companion bill to House Bill 5659 and would itself have no fiscal impact
on any unit of state or local government.
Legislative Analyst: Josh Roesner
Fiscal Analysts: Jacqueline Mullen
Noel Benson
Aaron A. Meek
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency HBs 4095, 4096, 5549, 5659, and 5660 as introduced Page 5 of 5
Statutes affected: Substitute (H-1): 380.6
House Introduced Bill: 380.6
As Passed by the House: 380.6
As Passed by the Senate: 380.6
House Concurred Bill: 380.6