Bill Text: MI HB5629 | 2011-2012 | 96th Legislature | Engrossed

Michigan House Bill 5629 (Prior Session Legislation)

Bill Title: Education; reports; certain outdated provisions concerning criminal background checks and convictions of school employees; eliminate. Amends secs. 1230d, 1535a & 1539b of 1976 PA 451 (MCL 380.1230d et seq.).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-06-12 - Referred To Committee On Education [HB5629 Detail]

Download: Michigan-2011-HB5629-Engrossed.html

HB-5629, As Passed House, June 7, 2012

HOUSE BILL No. 5629

May 15, 2012, Introduced by Rep. Nesbitt and referred to the Committee on Education.

A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending sections 1230d, 1535a, and 1539b (MCL 380.1230d,

380.1535a, and 380.1539b), as amended by 2006 PA 680.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1230d. (1) If a person who is employed in any capacity by

a school district, intermediate school district, public school

academy, or nonpublic school; who has applied for a position with a

school district, intermediate school district, public school

academy, or nonpublic school and has had an initial criminal

history check under section 1230 or criminal records check under

section 1230a; or who is regularly and continuously working under

contract in a school district, intermediate school district, public

school academy, or nonpublic school, is charged with a crime listed

in section 1535a(1) or 1539b(1) or a violation of a substantially

similar law of another state, a political subdivision of this state

or another state, or of the United States, the person shall report

to the department and to the school district, intermediate school

district, public school academy, or nonpublic school that he or she

has been charged with the crime. All of the following apply to this

reporting requirement:

(a) The person shall make the report on a form prescribed by

the department.

(b) The person shall submit the report to the department and

to the superintendent of the school district or intermediate school

district or chief administrator of the public school academy or

nonpublic school.

after being arraigned for the crime.

(2) If a person who is employed in any capacity by or is

regularly and continuously working under contract in a school

district, intermediate school district, public school academy, or

nonpublic school enters a plea of guilt or no contest to or is the

subject of a finding of guilt by a judge or jury of any crime after

having been initially charged with a crime described in section

1535a(1) or 1539b(1), then the person immediately shall disclose to

the court, on a form prescribed by the state court administrative

office, that he or she is employed by or regularly and continuously

working under contract in a school district, intermediate school

district, public school academy, or nonpublic school. The person

shall immediately provide a copy of the form to the prosecuting

attorney in charge of the case, to the superintendent of public

instruction, and to the superintendent or chief administrator of

the school district, intermediate school district, public school

academy, or nonpublic school.

(3) A person who violates subsection (1) or (2) is guilty of a

crime, as follows:

(a) If the person violates either subsection (1) or (2) and

the crime involved in the violation is a misdemeanor that is a

listed offense or is a felony, the person is guilty of a felony

punishable by imprisonment for not more than 2 years or a fine of

not more than $2,000.00, or both.

(b) If the person violates either subsection (1) or (2) and

the crime involved in the violation is a misdemeanor that is not a

listed offense, the person is guilty of a misdemeanor punishable by

imprisonment for not more than 1 year or a fine of not more than

$1,000.00, or both.

(4) A person who violates subsection (1) or (2) may be

discharged from his or her employment or have his or her contract

terminated. If the board of a school district or intermediate

school district or board of directors of a public school academy

finds, after providing notice and the opportunity for a hearing,

that a person employed by the school district, intermediate school

district, or public school academy has violated subsection (1) or

(2), the board or board of directors may discharge the person from

his or her employment. ~~However, if a collective bargaining~~

~~agreement that applies to the affected person is in effect as of~~

~~January 1, 2006, and if that collective bargaining agreement is not~~

~~in compliance with this subsection, then this subsection does not~~

~~apply to that school district, intermediate school district, or~~

~~public school academy until after the expiration of that collective~~

~~bargaining agreement.~~

(5) If a person submits a report that he or she has been

charged with a crime, as required under subsection (1), and the

person is subsequently not convicted of any crime after the

completion of judicial proceedings resulting from that charge, then

the person may request the department and the school district,

intermediate school district, public school academy, or nonpublic

school to delete the report from its records concerning the person.

Upon receipt of the request from the person and of documentation

verifying that the person was not convicted of any crime after the

completion of judicial proceedings resulting from that charge, the

department or a school district, intermediate school district,

public school academy, or nonpublic school shall delete the report

from its records concerning the person.

(6) If the prosecuting attorney in charge of a case receives a

form as provided under subsection (2), the prosecuting attorney

shall notify the superintendent of public instruction and the

superintendent or chief administrator of any school district,

intermediate school district, public school academy, or nonpublic

school in which the person is employed by forwarding a copy of the

form to each of them not later than 7 days after receiving the

form. If the court receives a form as provided under subsection

(2), the court shall notify the superintendent of public

instruction and the superintendent or chief administrator of any

school district, intermediate school district, public school

academy, or nonpublic school in which the person is employed by

forwarding to each of them a copy of the form and information

regarding the sentence imposed on the person not later than 7 days

after the date of sentencing, even if the court is maintaining the

file as a nonpublic record.

~~(7) The department of information technology shall work with~~

~~the department and the department of state police to develop and~~

~~implement an automated program that does a comparison of the~~

~~department's list of registered educational personnel, and of any~~

~~other list maintained by the department of individuals employed or~~

~~regularly and continuously working under contract in a school, with~~

~~the conviction information received by the department of state~~

~~police. This comparison shall only include individuals who are~~

~~actually school employees at the time of the comparison or who are~~

~~regularly and continuously working under contract at the time of~~

~~the comparison. Unless otherwise prohibited by law, this comparison~~

~~shall include convictions contained in a nonpublic record. The~~

~~department and the department of state police shall perform this~~

~~comparison during January and June of each year until July 1, 2008.~~

~~The department of state police shall take all reasonable and~~

~~necessary measures using the available technology to ensure the~~

~~accuracy of this comparison before transmitting the information~~

~~under this subsection to the department. The department shall take~~

~~all reasonable and necessary measures using the available~~

~~technology to ensure the accuracy of this comparison before~~

~~notifying a school district, intermediate school district, public~~

~~school academy, or nonpublic school of a conviction. If a~~

~~comparison discloses that a person on the department's list of~~

~~registered educational personnel has been convicted of a crime, or~~

~~if the department is otherwise notified by the department of state~~

~~police that such a person has been convicted of a crime, the~~

~~department shall notify the superintendent or chief administrator~~

~~and the board or governing body of the school district,~~

~~intermediate school district, public school academy, or nonpublic~~

~~school in which the person is employed of that conviction.~~

(7) ~~(8)~~ If a school district, intermediate school district,

public school academy, or nonpublic school receives a report under

this section of a conviction, within 60 days after receiving the

report the school district, intermediate school district, public

school academy, or nonpublic school shall submit to the department

in the form and manner prescribed by the department a report

detailing the information received and any action taken as a result

by the school district, intermediate school district, public school

academy, or nonpublic school. The department shall maintain a copy

of this report for at least 6 years.

(8) ~~(9)~~ As used in this section:

(a) "At school" means in a classroom, elsewhere on school

property, or on a school bus or other school-related vehicle.

(b) "Felony" means that term as defined in section 1 of

chapter I of the code of criminal procedure, 1927 PA 175, MCL

761.1.

of the sex offenders registration act, 1994 PA 295, MCL 28.722.

(d) "Regularly and continuously work under contract" means any

of the following:

(i) To work at school on a more than intermittent or sporadic

basis as an owner or employee of an entity that has a contract with

a school district, intermediate school district, public school

academy, or nonpublic school to provide food, custodial,

transportation, counseling, or administrative services, or to

provide instructional services to pupils or related and auxiliary

services to special education pupils.

(ii) To work at school on a more than intermittent or sporadic

basis as an individual under a contract with a school district,

intermediate school district, public school academy, or nonpublic

school to provide food, custodial, transportation, counseling, or

administrative services, or to provide instructional services to

pupils or related and auxiliary services to special education

pupils.

(e) "School property" means that term as defined in section 33

of the sex offenders registration act, 1994 PA 295, MCL 28.733.

Sec. 1535a. (1) Subject to subsection (2), if a person who

holds a teaching certificate that is valid in this state has been

convicted of a crime described in this subsection, within 10

working days after receiving notice of the conviction the

superintendent of public instruction shall notify the person in

writing that his or her teaching certificate may be suspended

because of the conviction and of his or her right to a hearing

before the superintendent of public instruction. The hearing shall

be conducted as a contested case under the administrative

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. If the

person does not avail himself or herself of this right to a hearing

within 15 working days after receipt of this written notification,

the teaching certificate of that person shall be suspended. If a

hearing takes place, the superintendent of public instruction shall

complete the proceedings and make a final decision and order within

120 working days after receiving the request for a hearing. Subject

to subsection (2), the superintendent of public instruction may

suspend the person's teaching certificate based upon the issues and

evidence presented at the hearing. This subsection applies to any

of the following crimes:

(a) Any felony.

(b) Any of the following misdemeanors:

(i) Criminal sexual conduct in the fourth degree or an attempt

to commit criminal sexual conduct in the fourth degree.

(ii) Child abuse in the third or fourth degree or an attempt to

commit child abuse in the third or fourth degree.

(iii) A misdemeanor involving cruelty, torture, or indecent

exposure involving a child.

(iv) A misdemeanor violation of section 7410 of the public

health code, 1978 PA 368, MCL 333.7410.

(v) A violation of section 115, 141a, 335a, or 359 of the

Michigan penal code, 1931 PA 328, MCL 750.115, 750.141a, 750.335a,

and 750.359, or a misdemeanor violation of section 81, 81a, or 145d

of the Michigan penal code, 1931 PA 328, MCL 750.81, 750.81a, and

750.145d.

(vi) A misdemeanor violation of section 701 of the Michigan

liquor control code of 1998, 1998 PA 58, MCL 436.1701.

(vii) Any misdemeanor that is a listed offense.

state, of a political subdivision of this state or another state,

or of the United States.

(2) If a person who holds a teaching certificate that is valid

in this state has been convicted of a crime described in this

subsection, the superintendent of public instruction shall find

that the public health, safety, or welfare requires emergency

action and shall order summary suspension of the person's teaching

certificate under section 92 of the administrative procedures act

of 1969, 1969 PA 306, MCL 24.292, and shall subsequently provide an

opportunity for a hearing as provided under that section. This

subsection does not limit the superintendent of public

instruction's ability to order summary suspension of a person's

teaching certificate for a reason other than described in this

subsection. This subsection applies to conviction of any of the

following crimes:

(a) Criminal sexual conduct in any degree, assault with intent

to commit criminal sexual conduct, or an attempt to commit criminal

sexual conduct in any degree.

(b) Felonious assault on a child, child abuse in the first

degree, or an attempt to commit child abuse in the first degree.

(d) A violation of section 7401(2)(a)(i), 7403(2)(a)(i), 7410,

or 7416 of the public health code, 1978 PA 368, MCL 333.7401,

333.7403, 333.7410, and 333.7416.

(e) A violation of section 83, 89, 91, 145a, 145b, 145c, 316,

317, 350, 448, 455, or 529 of the Michigan penal code, 1931 PA 328,

MCL 750.83, 750.89, 750.91, 750.145a, 750.145b, 750.145c, 750.316,

750.317, 750.350, 750.448, 750.455, and 750.529, or a felony

violation of section 145d of the Michigan penal code, 1931 PA 328,

MCL 750.145d.

(f) A violation of section 158 of the Michigan penal code,

1931 PA 328, MCL 750.158, if a victim is an individual less than 18

years of age.

(g) Except for a juvenile disposition or adjudication, a

violation of section 338, 338a, or 338b of the Michigan penal code,

1931 PA 328, MCL 750.338, 750.338a, and 750.338b, if a victim is an

individual less than 18 years of age.

(h) A violation of section 349 of the Michigan penal code,

1931 PA 328, MCL 750.349, if a victim is an individual less than 18

years of age.

(i) An offense committed by a person who was, at the time of

the offense, a sexually delinquent person as defined in section 10a

of the Michigan penal code, 1931 PA 328, MCL 750.10a.

(j) Any other crime that is a listed offense.

(k) An attempt or conspiracy to commit an offense listed in

subdivision (a), (e), (f), (g), (h), (i), or (j).

(l) A violation of a substantially similar law of another

state, of a political subdivision of this state or another state,

or of the United States.

(m) Any other crime listed in subsection (1), if the

superintendent of public instruction determines the public health,

safety, or welfare requires emergency action based on the

circumstances underlying the conviction.

(3) All of the following apply to any proceedings affecting a

person's teaching certificate under this section:

(a) The superintendent of public instruction shall appoint a

designee to perform the investigatory and prosecutorial functions

involved in the proceedings. However, the superintendent of public

instruction must approve any settlement, conditional agreement, or

other decision not to proceed with charges.

(b) Any final action that affects the status of a person's

teaching certificate shall be taken by the superintendent of public

instruction.

shall not take action against a person's teaching certificate under

subsection (1) or (2) unless the superintendent of public

instruction finds that the conviction is reasonably and adversely

related to the person's present fitness to serve in an elementary

or secondary school in this state or that the conviction

demonstrates that the person is unfit to teach in an elementary or

secondary school in this state. Further, the superintendent of

public instruction may take action against a person's teaching

certificate under subsection (1) or (2) based on a conviction that

occurred before April 1, 2004 if the superintendent of public

instruction finds that the conviction is reasonably and adversely

related to the person's present fitness to serve in an elementary

or secondary school in this state or that the conviction

demonstrates that the person is unfit to teach in an elementary or

secondary school in this state. For the purposes of this section,

conviction of a listed offense is reasonably and adversely related

to the person's fitness to serve in an elementary or secondary

school in this state and demonstrates that the person is unfit to

teach in an elementary or secondary school in this state.

(4) If a person who has entered a plea of guilt or no contest

to or who is the subject of a finding of guilt by a judge or jury

of a crime listed in subsection (2) has been suspended from active

performance of duty by a public school, school district,

intermediate school district, or nonpublic school during the

pendency of proceedings under this section, the public school,

school district, intermediate school district, or nonpublic school

employing the person shall discontinue the person's compensation

until the superintendent of public instruction has made a final

determination of whether or not to suspend or revoke the person's

teaching certificate. If the superintendent of public instruction

does not suspend or revoke the person's teaching certificate, the

public school, school district, intermediate school district, or

nonpublic school shall make the person whole for lost compensation,

without interest. ~~However, if a collective bargaining agreement is~~

~~in effect as of January 1, 2006 for employees of a school district,~~

~~intermediate school district, or public school academy, and if the~~

~~terms of that collective bargaining agreement are inconsistent with~~

~~this subsection, then this subsection does not apply to that school~~

~~district, intermediate school district, or public school academy~~

~~until after the expiration of that collective bargaining agreement.~~

(5) Except as otherwise provided in this subsection, after the

completion of a person's sentence, the person may request a hearing

on reinstatement of his or her teaching certificate. Based upon the

issues and evidence presented at the hearing, the superintendent of

public instruction may reinstate, continue the suspension of, or

permanently revoke the person's teaching certificate. The

superintendent of public instruction shall not reinstate a person's

teaching certificate unless the superintendent of public

instruction finds that the person is currently fit to serve in an

elementary or secondary school in this state and that reinstatement

of the person's teaching certificate will not adversely affect the

health, safety, and welfare of pupils. If a person's conviction was

for a listed offense, the person is not entitled to request a

hearing on reinstatement under this subsection, and the

superintendent of public instruction shall not reinstate the

person's teaching certificate under this subsection.

(6) All of the following apply to a person described in this

section whose conviction is reversed upon final appeal:

(a) The person's teaching certificate shall be reinstated upon

his or her notification to the superintendent of public instruction

of the reversal.

(b) If the suspension of the person's teaching certificate

under this section was the sole cause of his or her discharge from

employment, the person shall be reinstated, upon his or her

notification to the appropriate local or intermediate school board

of the reversal, with full rights and benefits, to the position he

or she would have had if he or she had been continuously employed.

subsection (4), the public school, school district, intermediate

school district, or nonpublic school shall make the person whole

for lost compensation.

(7) If the prosecuting attorney in charge of a case receives a

form as provided under section 1230d, the prosecuting attorney

shall notify the superintendent of public instruction, and any

public school, school district, intermediate school district, or

nonpublic school in which the person is employed by forwarding a

copy of the form to each of them not later than 7 days after

receiving the form. If the court receives a form as provided under

section 1230d, the court shall notify the superintendent of public

instruction and any public school, school district, intermediate

school district, or nonpublic school in which the person is

employed by forwarding to each of them a copy of the form and

information regarding the sentence imposed on the person not later

than 7 days after the date of sentencing, even if the court is

maintaining the file as a nonpublic record.

(8) Not later than 7 days after receiving notification from

the prosecuting attorney or the court under subsection (7) or

learning through an authoritative source that a person who holds a

teaching certificate has been convicted of a crime listed in

subsection (1), the superintendent of public instruction shall

request the court to provide a certified copy of the judgment of

conviction and sentence or other document regarding the disposition

of the case to the superintendent of public instruction and shall

pay any fees required by the court. The court shall provide this

certified copy within 7 days after receiving the request and fees

under this section or after entry of the judgment or other

document, whichever is later, even if the court is maintaining the

judgment or other document as a nonpublic record.

(9) If the superintendent of a school district or intermediate

school district, the chief administrative officer of a nonpublic

school, the president of the board of a school district or

intermediate school district, or the president of the governing

board of a nonpublic school is notified or learns through an

authoritative source that a person who holds a teaching certificate

and who is employed by the school district, intermediate school

district, or nonpublic school has been convicted of a crime

described in subsection (1) or (2), the superintendent, chief

administrative officer, or board president shall notify the

superintendent of public instruction of that conviction within 15

days after learning of the conviction.

(10) For the purposes of this section, a certified copy of the

judgment of conviction and sentence is conclusive evidence of

conviction of a crime described in this section. For the purposes

of this section, conviction of a crime described in this section is

considered to be reasonably and adversely related to the ability of

the person to serve in an elementary or secondary school and is

sufficient grounds for suspension or revocation of the person's

teaching certificate.

(11) For any hearing under subsection (1), if the

superintendent of public instruction does not make a final decision

and order within 120 working days after receiving the request for

the hearing, as required under subsection (1), the superintendent

of public instruction shall submit a report detailing the reasons

for the delay to the standing committees and appropriations

subcommittees of the senate and house of representatives that have

jurisdiction over education and education appropriations. The

failure of the superintendent of public instruction to make a final

decision and order within this 120 working day time limit, or the

failure of any other official or agency to meet a time limit

prescribed in this section, does not affect the validity of an

action taken under this section affecting a person's teaching

certificate.

(12) Beginning July 1, 2004, the superintendent of public

instruction shall submit to the legislature a quarterly report of

all final actions he or she has taken under this section affecting

a person's teaching certificate during the preceding quarter. The

report shall contain at least all of the following with respect to

each person whose teaching certificate has been affected:

(a) The person's name, as it appears on the teaching

certificate.

(b) The school district, intermediate school district, public

school academy, or nonpublic school in which the person was

employed at the time of the conviction, if any.

date of the offense and date of the conviction.

(d) Whether the action taken by the superintendent of public

instruction was a summary suspension, suspension due to failure to

request a hearing, suspension, revocation, or reinstatement of the

teaching certificate.

(13) This section does not do any of the following:

(a) Prohibit a person who holds a teaching certificate from

seeking monetary compensation from a school board or intermediate

school board if that right is available under a collective

bargaining agreement or another statute.

(b) Limit the rights and powers granted to a school district

or intermediate school district under a collective bargaining

agreement, this act, or another statute to discipline or discharge

a person who holds a teaching certificate.

(14) The superintendent of public instruction may promulgate,

as necessary, rules to implement this section pursuant to the

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

24.328.

~~(15) The department of information technology shall work with~~

~~the department and the department of state police to develop and~~

~~implement an automated program that does a comparison of the~~

~~department's list of individuals holding a teaching certificate or~~

~~state board approval, and of any other list maintained by the~~

~~department of individuals employed or regularly and continuously~~

~~working under contract in a school, with the conviction information~~

~~received by the department of state police. This comparison shall~~

~~only include individuals who are actually school employees at the~~

~~time of the comparison or who are regularly and continuously~~

~~working under contract at the time of the comparison. Unless~~

~~otherwise prohibited by law, this comparison shall include~~

~~convictions contained in a nonpublic record. The department and the~~

~~department of state police shall perform this comparison during~~

~~January and June of each year until July 1, 2008. The department of~~

~~state police shall take all reasonable and necessary measures using~~

~~the available technology to ensure the accuracy of this comparison~~

~~before transmitting the information under this subsection to the~~

~~department. The department shall take all reasonable and necessary~~

~~measures using the available technology to ensure the accuracy of~~

~~this comparison before notifying a school district, intermediate~~

~~school district, public school academy, or nonpublic school of a~~

~~conviction. If a comparison discloses that a person on the~~

~~department's list of individuals holding a teaching certificate or~~

~~state board approval has been convicted of a crime, or if the~~

~~department is otherwise notified by the department of state police~~

~~that such a person has been convicted of a crime, the department~~

~~shall notify the superintendent or chief administrator and the~~

~~board or governing body of the school district, intermediate school~~

~~district, public school academy, or nonpublic school in which the~~

~~person is employed of that conviction.~~

(15) ~~(16)~~ As used in this section:

(a) "Conviction" means a judgment entered by a court upon a

plea of guilty, guilty but mentally ill, or nolo contendere or upon

a jury verdict or court finding that a defendant is guilty or

guilty but mentally ill.

(b) "Felony" means that term as defined in section 1 of

chapter I of the code of criminal procedure, 1927 PA 175, MCL

761.1.

of the sex offenders registration act, 1994 PA 295, MCL 28.722.

(d) "Prosecuting attorney" means the prosecuting attorney for

a county, an assistant prosecuting attorney for a county, the

attorney general, the deputy attorney general, an assistant

attorney general, a special prosecuting attorney, or, in connection

with the prosecution of an ordinance violation, an attorney for the

political subdivision that enacted the ordinance upon which the

violation is based.

(e) "Regularly and continuously work under contract" means

that term as defined in section 1230d.

Sec. 1539b. (1) Subject to subsection (2), if a person who

holds state board approval has been convicted of a crime described

in this subsection, within 10 working days after receiving notice

of the conviction the superintendent of public instruction shall

notify the person in writing that his or her state board approval

may be suspended because of the conviction and of his or her right

to a hearing before the superintendent of public instruction. The

hearing shall be conducted as a contested case under the

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

24.328. If the person does not avail himself or herself of this

right to a hearing within 15 working days after receipt of this

written notification, the person's state board approval shall be

suspended. If a hearing takes place, the superintendent of public

instruction shall complete the proceedings and make a final

decision and order within 120 working days after receiving the

request for a hearing. Subject to subsection (2), the

superintendent of public instruction may suspend the person's state

board approval, based upon the issues and evidence presented at the

hearing. This subsection applies to any of the following crimes:

(a) Any felony.

(b) Any of the following misdemeanors:

(i) Criminal sexual conduct in the fourth degree or an attempt

to commit criminal sexual conduct in the fourth degree.

(ii) Child abuse in the third or fourth degree or an attempt to

commit child abuse in the third or fourth degree.

(iii) A misdemeanor involving cruelty, torture, or indecent

exposure involving a child.

(iv) A misdemeanor violation of section 7410 of the public

health code, 1978 PA 368, MCL 333.7410.

(v) A violation of section 115, 141a, 335a, or 359 of the

Michigan penal code, 1931 PA 328, MCL 750.115, 750.141a, 750.335a,

and 750.359, or a misdemeanor violation of section 81, 81a, or 145d

of the Michigan penal code, 1931 PA 328, MCL 750.81, 750.81a, and

750.145d.

(vi) A misdemeanor violation of section 701 of the Michigan

liquor control code of 1998, 1998 PA 58, MCL 436.1701.

(vii) Any misdemeanor that is a listed offense.

state, of a political subdivision of this state or another state,

or of the United States.

(2) If a person who holds state board approval has been

convicted of a crime described in this subsection, the

superintendent of public instruction shall find that the public

health, safety, or welfare requires emergency action and shall

order summary suspension of the person's state board approval under

section 92 of the administrative procedures act of 1969, 1969 PA

306, MCL 24.292, and shall subsequently provide an opportunity for

a hearing as required under that section. This subsection does not

limit the superintendent of public instruction's ability to order

summary suspension of a person's state board approval for a reason

other than described in this subsection. This subsection applies to

conviction of any of the following crimes:

(a) Criminal sexual conduct in any degree, assault with intent

to commit criminal sexual conduct, or an attempt to commit criminal

sexual conduct in any degree.

(b) Felonious assault on a child, child abuse in the first

degree, or an attempt to commit child abuse in the first degree.

(d) A violation of section 7401(2)(a)(i), 7403(2)(a)(i), 7410,

or 7416 of the public health code, 1978 PA 368, MCL 333.7401,

333.7403, 333.7410, and 333.7416.

(e) A violation of section 83, 89, 91, 145a, 145b, 145c, 316,

317, 350, 448, 455, or 529 of the Michigan penal code, 1931 PA 328,

MCL 750.83, 750.89, 750.91, 750.145a, 750.145b, 750.145c, 750.316,

750.317, 750.350, 750.448, 750.455, and 750.529, or a felony

violation of section 145d of the Michigan penal code, 1931 PA 328,

MCL 750.145d.

(f) A violation of section 158 of the Michigan penal code,

1931 PA 328, MCL 750.158, if a victim is an individual less than 18

years of age.

(g) Except for a juvenile disposition or adjudication, a

violation of section 338, 338a, or 338b of the Michigan penal code,

1931 PA 328, MCL 750.338, 750.338a, and 750.338b, if a victim is an

individual less than 18 years of age.

(h) A violation of section 349 of the Michigan penal code,

1931 PA 328, MCL 750.349, if a victim is an individual less than 18

years of age.

(i) An offense committed by a person who was, at the time of

the offense, a sexually delinquent person as defined in section 10a

of the Michigan penal code, 1931 PA 328, MCL 750.10a.

(j) Any other crime that is a listed offense.

(k) An attempt or conspiracy to commit an offense listed in

subdivision (a), (e), (f), (g), (h), (i), or (j).

(l) A violation of a substantially similar law of another

state, of a political subdivision of this state or another state,

or of the United States.

(m) Any other crime listed in subsection (1), if the

superintendent of public instruction determines the public health,

safety, or welfare requires emergency action based on the

circumstances underlying the conviction.

(3) All of the following apply to any proceedings affecting a

person's state board approval under this section:

(a) The superintendent of public instruction shall appoint a

designee to perform the investigatory and prosecutorial functions

involved in the proceedings. However, the superintendent of public

instruction must approve any settlement, conditional agreement, or

other decision not to proceed with charges.

(b) Any final action that affects the status of a person's

state board approval shall be taken by the superintendent of public

instruction.

shall not take action against a person's state board approval under

subsection (1) or (2) unless the superintendent of public

instruction finds that the conviction is reasonably and adversely

related to the person's present fitness to serve in an elementary

or secondary school in this state or that the conviction

demonstrates that the person is unfit to teach in an elementary or

secondary school in this state. Further, the superintendent of

public instruction may take action against a person's state board

approval under subsection (1) or (2) based on a conviction that

occurred before April 1, 2004 if the superintendent of public

instruction finds that the conviction is reasonably and adversely

related to the person's present fitness to serve in an elementary

or secondary school in this state. For the purposes of this

section, conviction of a listed offense is reasonably and adversely

related to the person's fitness to serve in an elementary or

secondary school in this state and demonstrates that the person is

unfit to teach in an elementary or secondary school in this state.

(4) If a person who has entered a plea of guilt or no contest

to or who is the subject of a finding of guilt by a judge or jury

of a crime listed in subsection (2) has been suspended from active

performance of duty by a public school, school district,

intermediate school district, or nonpublic school during the

pendency of proceedings under this section, the public school,

school district, intermediate school district, or nonpublic school

employing the person shall discontinue the person's compensation

until the superintendent of public instruction has made a final

determination of whether or not to suspend or revoke the person's

state board approval. If the superintendent of public instruction

does not suspend or revoke the person's state board approval, the