Bill Text: MI HB4233 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Education; employees; school districts to contract with intermediate school districts for superintendent; allow. Amends sec. 1229 of 1976 PA 451 (MCL 380.1229). TIE BAR WITH: HB 4232'11, HB 4234'11
Spectrum: Moderate Partisan Bill (Republican 10-3)
Status: (Passed) 2011-07-27 - Assigned Pa 105'11 With Immediate Effect [HB4233 Detail]
Download: Michigan-2011-HB4233-Engrossed.html
HB-4233, As Passed House, March 22, 2011
HOUSE BILL No. 4233
February 10, 2011, Introduced by Reps. Huuki, Lindberg, Johnson, McMillin, Brown, Cotter, Somerville, Zorn, Foster, Tyler, Shirkey, Townsend and McBroom and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1229 (MCL 380.1229), as added by 1995 PA 289.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
1229. (1) The Except as
otherwise provided in subsection
(4), the board of a school district, other than a school district
that was organized as a primary school district during the 1995-
1996 school year, or of an intermediate school district shall
employ a superintendent of schools, who shall meet the requirements
of section 1246. The superintendent shall not be a member of the
board. Employment of a superintendent shall be by written contract.
The term of the superintendent's contract shall be fixed by the
board, not to exceed 5 years. If written notice of nonrenewal of
the contract of a superintendent is not given at least 90 days
before the termination of the contract, the contract is renewed for
an additional 1-year period.
(2) The board of a school district or intermediate school
district may employ assistant superintendents, principals,
assistant principals, guidance directors, and other administrators
who
do not assume tenure in that position under Act No. 4 of the
Public
Acts of the Extra Session of 1937, being sections 38.71 to
38.191
of the Michigan Compiled Laws. 1937
(Ex Sess) PA 4, MCL
38.71 to 38.191. The employment shall be by written contract. The
term of the employment contract shall be fixed by the board, not to
exceed 3 years. The board shall prescribe the duties of a person
described in this subsection. If written notice of nonrenewal of
the contract of a person described in this subsection is not given
at least 60 days before the termination date of the contract, the
contract is renewed for an additional 1-year period.
(3) A notification of nonrenewal of contract of a person
described in subsection (2) may be given only for a reason that is
not arbitrary or capricious. The board shall not issue a notice of
nonrenewal under this section unless the affected person has been
provided with not less than 30 days' advance notice that the board
is considering the nonrenewal together with a written statement of
the reasons the board is considering the nonrenewal. After the
issuance of the written statement, but before the nonrenewal
statement is issued, the affected person shall be given the
opportunity to meet with not less than a majority of the board to
discuss the reasons stated in the written statement. The meeting
shall be open to the public or a closed session, as the affected
person
elects under section 8 of the open meetings act, Act No. 267
of
the Public Acts of 1976, being section 15.268 of the Michigan
Compiled
Laws. 1976 PA 267, MCL
15.268. If the board fails to
provide for a meeting with the board, or if a court finds that the
reason for nonrenewal is arbitrary or capricious, the affected
person's contract is renewed for an additional 1-year period. This
subsection does not apply to the nonrenewal of the contract of a
superintendent of schools described in subsection (1).
(4) A school district, instead of directly employing a
superintendent of schools, may contract with its intermediate
school district for the intermediate superintendent to serve as the
superintendent of schools for the school district or for the
intermediate school district to provide another person to serve as
superintendent of schools for the school district.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 96th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 4232(request no.
01124'11).
(b) Senate Bill No.____ or House Bill No. 4234(request no.
01126'11).
