Bill Text: MI HB5159 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: School aid; penalties; certain continuing education requirements; provide penalty for noncompliance with. Amends sec. 163 of 1979 PA 94 (MCL 388.1763) & adds sec. 163b. TIE BAR WITH: HB 5156'15, HB 5157'15, HB 5158'15
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2016-03-08 - Referred To Committee On Education [HB5159 Detail]
Download: Michigan-2015-HB5159-Engrossed.html
HB-5159, As Passed House, March 3, 2016
SUBSTITUTE FOR
HOUSE BILL NO. 5159
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending section 163 (MCL 388.1763), as amended by 2015 PA 85,
and by adding section 163b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 163. (1) Except as provided in the revised school code,
the board of a district or intermediate district shall not permit
any of the following:
(a) A noncertificated educator to teach in an elementary or
secondary school or in an adult basic education or high school
completion program.
(b) A noncertificated educator to provide counseling services
to pupils in an elementary or secondary school or in an adult basic
education or high school completion program.
(c) A noncertificated educator to administer instructional
programs in an elementary or secondary school, or in an adult basic
education or high school completion program, unless that educator
is fulfilling applicable continuing education requirements.
(2) Except as provided in the revised school code and in
section 163b, a district or intermediate district employing
educators not legally certificated or licensed shall have deducted
the sum equal to the amount paid the educators for the period of
noncertificated, unlicensed, or illegal employment. Each
intermediate superintendent shall notify the department of the name
of the noncertificated or unlicensed educator, and the district
employing that individual and the amount of salary the
noncertificated or unlicensed educator was paid within a
constituent district.
(3) If a school official is notified by the department that he
or she is employing a nonapproved, noncertificated, or unlicensed
educator in violation of this section and knowingly continues to
employ that educator, the school official is guilty of a
misdemeanor, punishable by a fine of $1,500.00 for each incidence.
This penalty is in addition to all other financial penalties
otherwise specified in this article.
Sec. 163b. If the department determines that a district or
intermediate district has failed to meet the requirements of
section 1246, 1526, or 1527 of the revised school code, MCL
380.1246, 380.1526, and 380.1527, shall issue to the district or
intermediate district a written notice and explanation of the
violation. Within 30 calendar days after the issuance of a notice
under this section, a district or intermediate district shall
develop and submit to the department a compliance plan for bringing
the district or intermediate district into full compliance with the
requirements of sections 1246, 1526, and 1527 of the revised school
code, MCL 380.1226, 380.1526, and 380.1527, upon implementation of
the plan. If a district or intermediate district fails to submit a
compliance plan within this time period, or if the department
determines that the compliance plan submitted by a district or
intermediate district will not correct the initial violation, the
department shall withhold an amount equal to 5% of its total state
aid until the department determines that the district or
intermediate district has submitted a satisfactory compliance plan.
If the department subsequently determines that a district or
intermediate district has failed to comply with the terms of its
compliance plan, the district or intermediate district forfeits
from its state aid under this act for the next state fiscal year
after this determination an amount equal to 5% of its total state
aid.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 98th Legislature are
enacted into law:
(a) House Bill No. 5156.
(b) House Bill No. 5157.
(c) House Bill No. 5158.
