Bill Text: MI SB0638 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Education; teachers; exemption from teacher tenure act for neighborhood public schools as defined in revised school code; provide for. Amends sec. 1, art. I & sec. 1, art. III of 1937 (Ex Sess) PA 4 (MCL 38.71 & 38.91). TIE BAR WITH: SB 0636'09
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2010-12-01 - Notice Given To Discharge Committee [SB0638 Detail]
Download: Michigan-2009-SB0638-Engrossed.html
SB-0638, As Passed Senate, December 3, 2009
SUBSTITUTE FOR
SENATE BILL NO. 638
A bill to amend 1937 (Ex Sess) PA 4, entitled
"An act relative to continuing tenure of office of certificated
teachers in public educational institutions; to provide for
probationary periods; to regulate discharges or demotions; to
provide for resignations and leaves of absence; to create a state
tenure commission and to prescribe the powers and duties thereof;
and to prescribe penalties for violation of the provisions of this
act,"
by amending section 1 of article I, section 1 of article III, and
section 1a of article IV (MCL 38.71, 38.91, and 38.101a), section 1
of article I and section 1 of article III as amended by 1996 PA 282
and section 1a of article IV as added by 2005 PA 124.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
ARTICLE I
Sec. 1. (1) The term "teacher" as used in this act means a
certificated individual employed for a full school year by any
board of education or controlling board.
(2) An individual who is not certificated but is employed for
a full school year pursuant to section 1233b of the revised school
code,
Act No. 451 of the Public Acts of 1976, being section
380.1233b
of the Michigan Compiled Laws 1976 PA 451, MCL 380.1233b,
or is employed pursuant to an annual vocational authorization or a
temporary approval, as defined in state board rule, is considered
to be a teacher for the purpose of serving the probationary period
under article II, but such an individual is not considered a
teacher for the purpose of continuing tenure under article III
until he or she becomes certificated.
(3) An individual employed as a teacher in a public school
academy
established under Act No. 451 of the Public Acts of 1976,
being
sections 380.1 to 380.1852 of the Michigan Compiled Laws the
revised school code, 1976 PA 451, MCL 380.1 to 380.1852, is not
considered a teacher during that employment for the purpose of
continuing tenure under article III. However, an individual
described in section 1(4) of article III is a teacher for the
purpose of retaining continuing tenure as described in that
section.
(4) Teacher does not include an individual whose teaching
certificate has expired or has been suspended or revoked.
ARTICLE III
Sec. 1. (1) After the satisfactory completion of the
probationary period, a teacher shall be employed continuously by
the controlling board under which the probationary period has been
completed, and shall not be dismissed or demoted except as
specified in this act.
(2) If a teacher employed in a program operated by a
consortium of school districts was previously on continuing tenure
in a school district that participates in the consortium, the
teacher shall be considered to be on continuing tenure only in that
school district.
(3) If a teacher employed in a program operated by a
consortium of school districts was not previously on continuing
tenure in a school district that participates in the consortium and
satisfactorily completes the probationary period, the teacher shall
be considered to be on continuing tenure only in the school
district that is the fiscal agent for the consortium. However, if
there is a written agreement between the teacher and another
participating school district that provides that the teacher will
have continuing tenure in that school district, the teacher shall
be considered to be on continuing tenure only in that school
district and shall not be considered to be on continuing tenure in
the school district that is the fiscal agent for the consortium.
(4)
If an individual employed as a teacher employed in a
public school academy established under the revised school code,
Act
No. 451 of the Public Acts of 1976, being sections 380.1 to
380.1852
of the Michigan Compiled Laws 1976 PA 451, MCL 380.1 to
380.1852, is on leave of absence from a school district and was on
continuing tenure in the school district at the time he or she
began the leave of absence, the teacher retains continuing tenure
in that school district during the period he or she is employed in
the public school academy.
(5) If a teacher satisfactorily completes the probationary
period as an adult education teacher, the teacher shall be
considered to be on continuing tenure in the school district only
for adult education and shall not by virtue of completing the
probationary period as an adult education teacher be considered to
be on continuing tenure in the school district for elementary and
secondary education.
(6) If a teacher satisfactorily completes the probationary
period as an elementary or secondary education teacher, the teacher
shall be considered to be on continuing tenure in the school
district only for elementary and secondary education and shall not
by virtue of completing the probationary period as an elementary or
secondary education teacher be considered to be on continuing
tenure in the school district for adult education.
(7) If the controlling board provides in a contract of
employment of a teacher employed other than as a classroom teacher,
including but not limited to, a superintendent, assistant
superintendent, principal, department head or director of
curriculum, made with the teacher after the completion of the
probationary period, that the teacher shall not be considered to be
granted continuing tenure in that other capacity by virtue of the
contract of employment, then the teacher shall not be granted
tenure in that other capacity, but shall be considered to have been
granted continuing tenure as an active classroom teacher in the
school district. Upon the termination of such a contract of
employment, if the controlling board does not reemploy the teacher
under contract in the capacity covered by the contract, the teacher
shall be continuously employed by the controlling board as an
active classroom teacher. Failure of a controlling board to
Senate Bill No. 638 as amended December 3, 2009
reemploy a teacher in any such capacity upon the termination of any
such contract of employment described in this subsection shall not
be considered to be a demotion under this act. The salary in the
position to which the teacher is assigned shall be the same as if
the teacher had been continuously employed in the newly assigned
position. Failure of a controlling board to so provide in any such
contract of employment of a teacher in a capacity other than a
classroom teacher shall be considered to constitute the employment
of the teacher on continuing contract in the other capacity and
subject to this act.
(8) Continuing tenure does not apply to an annual assignment
of extra duty for extra pay.
ARTICLE IV
Sec. 1a. (1) The rights of a teacher on continuing tenure
under this article are subject to sections 1230d(4) and 1535a(4)
and (5) of the revised school code, 1976 PA 451, MCL 380.1230d and
380.1535a. For the purposes of this article, a conviction of a
violation of section 1230d of the revised school code, 1976 PA 451,
MCL 380.1230d, or a violation of 1 of the crimes listed in section
1535a(1) of the revised school code, 1976 PA 451, MCL 380.1535a, 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 to support the discharge or demotion of a
teacher on continuing tenure.
(2) For the purposes of this article, a determination that a
teacher on continuing tenure is consistently ineffective in
teaching, <<according to the standards developed by the
superintendent of public instruction under subsection (3) or according to standards developed by the controlling board and approved by the superintendent of public instruction,>> is considered to be
Senate Bill No. 638 as amended December 3, 2009
REASONABLY AND ADVERSELY RELATED TO THE ABILITY OF THE PERSON TO
serve in an elementary or secondary school and is sufficient
grounds to support the discharge or demotion of a teacher on
continuing tenure.
<<(3) Not later than 180 days after the effective date of
the amendatory act that added this subsection, the superintendent
OF public instruction shall develop and publish standards for a
controlling board to use to determine whether a teacher on
continuing tenure is consistently ineffective in teaching. These
standards or standards developed by a controlling board shall
contain objective criteria for making this determination.>>
