Bill Text: MI HB4191 | 2021-2022 | 101st Legislature | Introduced

Michigan House Bill 4191 (Prior Session Legislation)

Introduced

Bill Title: Education: board members; popular election of intermediate school board members; require. Amends sec. 611, 612, 614, 616, 617 & 703 of 1976 PA 451 (MCL 380.611 et seq.) & repeals sec. 615 of 1976 PA 451 (MCL 380.615).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-02-11 - Bill Electronically Reproduced 02/10/2021 [HB4191 Detail]

Download: Michigan-2021-HB4191-Introduced.html

HOUSE BILL NO. 4191

February 10, 2021, Introduced by Rep. Hornberger and referred to the Committee on Education.

A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending sections 611, 612, 614, 616, 617, and 703 (MCL 380.611, 380.612, 380.614, 380.616, 380.617, and 380.703), sections 611 and 612 as amended by 2004 PA 419, section 614 as amended by 2011 PA 232, sections 616, 617, and 703 as amended by 2003 PA 299; and to repeal acts and parts of acts.

the people of the state of michigan enact:

Sec. 611. (1) Except as otherwise provided in this section, an intermediate school district shall be is under the supervision and control of an intermediate school board composed consisting of 5 members elected under this part. Beginning January 1, 2023, an intermediate school district is under the supervision and control of an intermediate school board consisting of 7 members popularly elected under section 617.

(2) In an intermediate school district that adopts sections 615 to 617 for popular election of its members, or in an intermediate school district reorganized under section 701, the number of intermediate school board members shall be is 7. This subsection only applies until December 31, 2022.

(3) In an intermediate school district whose boundaries are enlarged by a dissolution under section 703, the number of intermediate school board members, at the option of the intermediate school board, may be 7. This subsection only applies until December 31, 2022.

(4) Beginning on the effective date of this subsection, Until December 31, 2022, an intermediate school board may by resolution change the number of intermediate school board members to 7. Before adopting the resolution to change the number of intermediate school board members to 7, an intermediate school board shall must hold at least 2 public hearings on the resolution. If an intermediate school board determines that the terms of intermediate school board members should be staggered differently than provided under this act or any bylaws of the intermediate school board due to a change in the number of board members under this subsection, the intermediate school board may adopt bylaws or amend its bylaws to change the way that intermediate school board members' terms are staggered. The bylaws may alter the current terms of members serving at the time the bylaws are adopted to implement the change in the way that terms are staggered. If an intermediate school board adopts or amends bylaws under this subsection that alter a member's existing term, the member's term is subject to that action.

(5) If, as of January 1, 2022, an intermediate school district does not have a popularly elected intermediate school board, a first popularly elected intermediate school board must be elected in that intermediate school district at the 2022 general November election under section 617. On January 1, 2023, this popularly elected intermediate school board takes over supervision and control of the intermediate school district and the intermediate school board that had been elected under section 614 is dissolved.

Sec. 612. (1) Subject to subsection (2), a school elector of a constituent district is eligible to election or appointment to membership on the intermediate school board.

(2) Until the 2005 intermediate school board election, a member of a board of a constituent district is eligible to election or appointment to membership on the intermediate school board. Beginning with the 2005 intermediate school board election, Until December 31, 2022, not more than 3 members of the intermediate school board may also be serving at the same time as a member of the board of a constituent district or board of directors of a public school academy. However, if an intermediate school board has more than 3 members serving as of September 1, 2004 who are also serving at the same time as members of the board of a constituent district, this limitation does not apply to that intermediate school board until the expiration of the current terms of those intermediate school board members. Beginning with the 2022 general November election, a member of a board of a constituent district is ineligible for election or appointment to membership on the intermediate school board. Notwithstanding any other provision of law under this act to the contrary, if as of the 2022 general November election a member of the intermediate school board is also a member of the board of a constituent district, the member's term on the intermediate school board expires on December 31, 2022.

(3) A member of an intermediate school board who is a member of a constituent district board shall not participate in proceedings conducted pursuant to under part 11 to detach territory from or attach territory to the constituent district of which he or she is a board member.

Sec. 614. (1) This section only applies to an intermediate school district until the election of a popularly elected intermediate school board for that intermediate school district as described in section 611(1) and (5).

(2) (1) Except as provided in section 615 and subject to section 642c of the Michigan election law, MCL 168.642c, the members of the intermediate school board shall must be elected biennially on the first Monday in June by an electoral body composed of 1 person designated by the board of each constituent school district.

(3) (2) The board of a constituent district shall designate its representative to this the electoral body described in subsection (2) by resolution adopted not earlier than 21 days before the date of this the biennial election described in subsection (2). The board shall consider the resolution at not less than 1 public meeting before adopting the resolution. The resolution shall must be adopted by majority vote of the members serving on the board. In its resolution designating its representative, the board of a constituent district shall identify the candidate the board supports for each position to be filled on the intermediate school board and shall direct its representative to vote for that individual or individuals at least on the first ballot taken by the electoral body. The secretary of the intermediate school board shall send a notice by certified mail of the hour and place of the meeting of the electoral body described in subsection (1) (2) to the secretary of the board of each constituent school district at least 10 days before the meeting. The president and secretary of the intermediate school board shall act as chairperson and secretary at the meeting. The meeting of the electoral body shall must be an open meeting conducted in the manner prescribed under the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

(4) (3) Except as provided in section 703, the term of office of each member elected to the intermediate school board is 6 years and begins on July 1 following election. Not more than 2 members of the intermediate school board shall be from the same school district unless there are fewer districts than there are positions to be filled.

(5) (4) A vacancy shall must be filled by the remaining members of the intermediate school board until the next biennial election at which time the vacancy shall must be filled for the balance of the unexpired term. Notice of the vacancy shall must be filed with the state board within 5 days after the vacancy occurs. If the vacancy is not filled within 30 days after it occurs, the vacancy shall must be filled by the state board.

(6) (5) Subject to subsection (7), (8), a candidate for election to the intermediate school board shall must be nominated by petitions that are signed by a number of school electors of the combined constituent school districts of the intermediate school district, as follows:

(a) If the population of the intermediate school district is less than 10,000, according to the most recent federal census, a minimum of 6 and a maximum of 20.

(b) If the population of the intermediate school district is 10,000 or more, according to the most recent federal census, a minimum of 40 and a maximum of 100.

(7) (6) A school elector may sign as many petitions as there are vacancies to fill. Nominating petitions and an affidavit as provided in section 558 of the Michigan election law, MCL 168.558, shall must be filed with the school district filing official not later than 30 days before the date of the biennial election under subsection (1). (2). The school district filing official shall determine the sufficiency of the petitions and the eligibility of the candidates nominated. The school district filing official shall provide ballots for the biennial election, listing on the ballots the names of all candidates properly nominated. The chairperson of the biennial election meeting may accept nominations for a vacancy from the floor only if no nominating petitions have been filed for the vacancy.

(8) (7) Instead of filing nominating petitions, a candidate for election to the intermediate school board may pay a nonrefundable filing fee of $100.00 to the school district filing official. If this fee is paid by the due date for nominating petitions, the payment has the same effect under this section as the filing of nominating petitions.

Sec. 616. (1) This section only applies to an intermediate school district until the election of a popularly elected intermediate school board for that intermediate school district as described in section 611(1) and (5).

(2) (1) An intermediate school board may submit to the school electors of the constituent districts comprising the intermediate school district the question of adoption of sections 615 to 617. The question shall must be in substantially the following form:

"Shall sections 615 to 617 of the revised school code, providing for the popular election of members of the intermediate school board, be effective within the constituent districts of __________ (name of intermediate school district)?

Yes ( )

No ( )".

(3) (2) The intermediate school board shall submit the question described in subsection (2) upon receipt of resolutions adopted by a majority of the boards of constituent districts and representing more than 1/2 of the combined memberships of the constituent districts of the intermediate school district as of the latest pupil membership count day. The resolutions of the constituent district boards shall must be adopted between March 1 and the next succeeding July 1. The question shall must be presented to the school electors of the constituent districts at the next regular school election after resolutions of constituent district boards meeting the requirements of this section have been filed with the school district filing official.

(4) (3) If a majority of the school electors votes in favor of popular election, members of the intermediate school board shall must be elected at the next regular school election and biennially thereafter at the regular school elections of the constituent districts.

(5) (4) An intermediate school district that adopts sections 615 to 617 may terminate the popular election of members of the intermediate school board in the same manner.

Sec. 617. (1) In an intermediate school district in which sections 615 to 617 this section are effective, and in all intermediate school districts beginning with the 2022 general November election, a candidate for the office of member of the intermediate school board shall must be nominated, and members shall must be elected, as provided in chapter XIV of the Michigan election law, MCL 168.301 to 168.315.168.316, and subject to section 642c of the Michigan election law, MCL 168.642c.

(2) At the first election, 3 members of an intermediate school board shall must be elected for a term of 6 years, 2 for a term of 4 years, and 2 for a term of 2 years. After the first election, their successors shall must be elected biennially for terms of 6 years.

Sec. 703. (1) An intermediate school district comprised of less than 5 constituent districts and having no bonded indebtedness may be disorganized and its constituent districts attached to contiguous intermediate school districts under this section.

(2) The board of each constituent district may request the intermediate school board to prescribe a plan for disorganization of the intermediate school district. Each request shall must designate another intermediate school district to which the constituent district desires to be attached. The intermediate school board shall prescribe, by resolution, a plan under which each of the constituent districts will be attached in whole to contiguous intermediate school districts designated in the requests. If the designated intermediate school district is not contiguous, the intermediate school board's plan may prescribe attachment to a contiguous intermediate school district.

(3) The intermediate superintendent of the intermediate school district that is to be disorganized shall give 30 days' notice of the time and place of the meeting of the intermediate school board and of the proposed plan for disorganization by publication of the notice in a newspaper of general circulation in the intermediate school district. The intermediate school board shall present the adopted plan for dissolution to the board of each of its constituent districts and to the intermediate school board of each intermediate school district whose boundaries would be enlarged by the proposal.

(4) The intermediate superintendent of each intermediate school district whose boundaries would be enlarged by the dissolution shall give 30 days' notice of the time and place of the meeting of the intermediate school board and of the recommended plan for enlargement of the intermediate school district by publication of the notice in a newspaper of general circulation in the intermediate school district.

(5) If the intermediate school board of each affected intermediate school district approves the plan for disorganization, the intermediate school board of the intermediate school district to be dissolved shall refer the matter to the superintendent of public instruction for approval. The action of the superintendent of public instruction declaring the intermediate school district dissolved is final. Disorganization of the intermediate school district and attachment of its constituent districts to contiguous intermediate school districts takes effect on July 1 after the date of the approval of the superintendent of public instruction.

(6) The intermediate school boards of the intermediate school districts to which territory is attached by dissolution shall meet jointly, sitting as a single board, and make an equitable distribution of the money, property, and other assets belonging to the disorganized intermediate school district among the intermediate school districts affected. The territory of constituent districts transferred to other intermediate school districts by dissolution shall be is subject to all taxes levied for purposes of the intermediate school district to which transferred, including taxes for the retirement of bonded indebtedness, special education programs, and area vocational-technical education programs.

(7) Within 30 days after a district attaches to a contiguous intermediate school district under this section, the board of the intermediate school district whose boundaries have been enlarged by the dissolution may appoint 2 school electors of constituent districts, 1 of whom shall must be an elector of the attached district, to membership on the intermediate school board. Intermediate school board members appointed under this subsection serve until January 1 or, if the intermediate school district's regular school election is held in May, until July 1 after the next intermediate school district election. The intermediate school board may determine 1 initial term of less than 6 years for 1 of the additional members to be elected at the intermediate school district election. Notification of an appointment shall must be filed with the superintendent of public instruction. This subsection only applies until December 31, 2022.

Enacting section 1. Section 615 of the revised school code, 1976 PA 451, MCL 380.615, is repealed effective January 1, 2023.

Enacting section 2. This amendatory act takes effect 90 days after the date it is enacted into law.