Bill Text: MI HB5159 | 2015-2016 | 98th Legislature | Introduced
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-Introduced.html
HOUSE BILL No. 5159
December 15, 2015, Introduced by Reps. Yonker, Price and Garcia and referred to the Committee on Education.
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. A district or intermediate district that violates
any of the following forfeits from its state aid under this act an
amount equal to 5% of its total state aid:
(a) Section 1246 of the revised school code, MCL 380.1246.
(b) Section 1526 of the revised school code, MCL 380.1526.
(c) Section 1527 of the revised school code, MCL 380.1527.
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) Senate Bill No.____ or House Bill No. 5157 (request no.
04091'15).
(b) Senate Bill No.____ or House Bill No. 5158 (request no.
04092'15).
(c) Senate Bill No.____ or House Bill No. 5156 (request no.
04093'15).
