Bill Text: MI HB5786 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Education; employees; maintain record for separation of employment; require, and establish that department is immune from civil liability. Amends 1976 PA 451 (MCL 380.1 - 380.1852) by adding sec. 1230j.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-06-12 - Filed With Secretary Of State 6/11/2018 @ 2:20 Pm [HB5786 Detail]

Download: Michigan-2017-HB5786-Introduced.html

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HOUSE BILL No. 5786

 

 

April 12, 2018, Introduced by Reps. Clemente, Pagan, Hoadley, Iden, Hauck, Greimel, Geiss, Chang, Kesto, Rendon and Hornberger and referred to the Committee on Law and Justice.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

(MCL 380.1 to 380.1852) by adding section 1230j.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1230j. (1) In addition to any other employment records

 

maintained by the department, the department shall prepare and

 

maintain a record regarding the reason or reasons for, and

 

circumstances surrounding, a separation of service for each

 

individual who is employed by a school district, intermediate

 

school district, or public school academy, or who is assigned to

 

regularly and continuously work under contract in a public school,

 

who subsequently separates from that employment or assignment. The

 

individual may review the record prepared and maintained under this

subsection.

 

     (2) If an individual described in subsection (1) disagrees

 

with the accuracy of the contents of the record prepared and

 

maintained under subsection (1), he or she may request the

 

correction or removal of the portion of the record he or she

 

believes is incorrect. If the department and the individual cannot

 

reach an agreement on the contents of the record, the individual

 

may submit a written statement explaining his or her position and

 

the basis for his or her disagreement. If an individual submits a

 

written statement under this subsection, it must be kept with the

 

record prepared and maintained under subsection (1) and provided

 

with the rest of the contents of the record as required under

 

subsection (4).

 

     (3) An individual described in subsection (1) who subsequently

 

seeks to be reemployed by a school district, intermediate school

 

district, or public school academy, or who subsequently seeks to be

 

assigned to regularly and continuously work under contract in a

 

public school, shall sign and provide to the prospective employer a

 

waiver authorizing the department to release the record prepared

 

and maintained under subsection (1), in a form and manner

 

prescribed by the department. The prospective employer shall

 

provide the completed waiver to the department.

 

     (4) Not later than 20 business days after receiving a waiver

 

under subsection (3), the department shall provide the record

 

prepared and maintained under subsection (1) to the prospective

 

employer.

 

     (5) A school district, intermediate school district, or public

school academy shall not hire an individual described in subsection

 

(1), or allow an individual described in subsection (1) to be

 

assigned to regularly and continuously work under contract in a

 

public school, unless the individual complies with subsection (3).

 

     (6) If the department, or an employee acting on behalf of the

 

department, discloses a record under subsection (4) in good faith

 

after receipt of a waiver executed under subsection (3), the

 

department, or an employee acting on behalf of the department, is

 

immune from civil liability for the disclosure. The department, or

 

an employee acting on behalf of the department, is presumed to be

 

acting in good faith at the time of a disclosure under subsection

 

(4) unless a preponderance of the evidence establishes 1 or more of

 

the following:

 

     (a) That the department, or employee, knew that the

 

information disclosed was false or misleading.

 

     (b) That the department, or employee, disclosed the

 

information with a reckless disregard for the truth.

 

     (c) That the disclosure was specifically prohibited by a state

 

or federal statute.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.