Bill Text: MI HB4690 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Education; teachers; teacher tenure commission; eliminate, and have board of education perform functions of. Amends title & sec. 2, art. II, secs. 3 & 4, art. IV & sec. 1, art. VI of 1937 (Ex Sess) PA 4 (MCL 38.82 et seq.) & repeals art. VII of 1937 (Ex Sess) PA 4 (MCL 38.131 - 38.140).

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-06-01 - Printed Bill Filed 06/01/2011 [HB4690 Detail]

Download: Michigan-2011-HB4690-Introduced.html

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HOUSE BILL No. 4690

 

May 31, 2011, Introduced by Reps. Heise and Melton and referred to the Committee on Education.

 

     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 the title and section 2 of article II, sections 3 and 4

 

of article IV, and section 1 of article VI (MCL 38.82, 38.103,

 

38.104, and 38.121), section 2 of article II as amended by 1993 PA

 

59, section 3 of article IV as amended by 2005 PA 124, and section

 

4 of article IV and section 1 of article VI as amended by 1993 PA

 

60; and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     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 certain powers and duties

 

thereof of the state board of education; and to prescribe penalties

 

for violation of the provisions of this act.

 

ARTICLE II

 

     Sec. 2. A teacher shall not be required to serve more than 1

 

probationary period in any 1 school district or institution.

 

However, upon notice to the tenure commission, state board of

 

education, the controlling board may grant a third year of

 

probation to a teacher described in section 1(2) of this article.

 

ARTICLE IV

 

     Sec. 3. (1) On the filing of charges in accordance with this

 

article, the controlling board may suspend the accused teacher from

 

active performance of duty until 1 of the following occurs:

 

     (a) The teacher fails to contest the decision to proceed upon

 

the charges within the time period specified in section 4(1) of

 

this article.

 

     (b) A preliminary decision and order discharging or demoting

 

the teacher is issued by the administrative law judge under section

 

4(5)(i) of this article.

 

     (c) If the preliminary decision and order is to reinstate the

 

teacher, a final decision and order is rendered by the tenure

 

commission state board of education under section 4(5)(m) of this

 

article.

 

     (2) If a teacher is suspended as described in subsection (1),

 

the teacher's salary shall continue during the suspension. However,

 

if the teacher is convicted of a felony that is not a listed

 

offense or of a misdemeanor that is a listed offense, the

 

controlling board may discontinue the teacher's salary effective

 

upon the date of the conviction. If the teacher is convicted of a

 

felony that is a listed offense, the controlling board shall

 

discontinue the teacher's salary effective upon the date of

 

conviction. As used in this subsection, "listed offense" means that

 

term as defined in section 2 of the sex offenders registration act,

 

1994 PA 295, MCL 28.722.

 

     (3) If a preliminary decision and order discharging a teacher

 

is issued by the administrative law judge and the tenure commission

 

state board of education subsequently reverses the preliminary

 

decision and order of the administrative law judge, the tenure

 

commission state board of education may order back pay.

 

     Sec. 4. (1) A teacher on continuing tenure may contest the

 

controlling board's decision to proceed upon the charges against

 

the teacher by filing a claim of appeal with the tenure commission

 

state board of education and serving a copy of the claim of appeal

 

on the controlling board not later than 20 days after receipt of

 

the controlling board's decision. The controlling board shall file

 

its answer with the tenure commission state board of education and

 

serve a copy of the answer on the teacher not later than 10 days

 

after service of the claim of appeal. If the teacher does not

 

contest the controlling board's decision in the time and manner

 

specified in this subsection, the discharge or demotion specified

 

in the charges takes effect and the teacher shall be considered to

 

have waived any right to contest the discharge or demotion under

 

this act.

 

     (2) An administrative law judge described in subsection (3)

 

shall furnish to each party without undue delay a notice of hearing

 

fixing the date and place of the hearing. The hearing date shall

 

not be less than 10 days after the date the notice of hearing is

 

furnished and shall not be more than 60 days after service of the

 

controlling board's answer unless the tenure commission state board

 

of education grants a delay for good cause shown by the teacher or

 

controlling board.

 

     (3) The hearing shall be conducted by an administrative law

 

judge who is an attorney licensed to practice law in this state and

 

is employed by the department of education. An administrative law

 

judge who conducts hearings under this section shall not advise the

 

tenure commission state board of education or otherwise participate

 

in a tenure commission state board of education review of an

 

administrative law judge's preliminary decision and order under

 

this section.

 

     (4) Except as otherwise provided in this section, the hearing

 

shall be conducted in accordance with chapter 4 of the

 

administrative procedures act of 1969, Act No. 306 of the Public

 

Acts of 1969, being sections 24.271 to 24.287 of the Michigan

 

Compiled Laws, 1969 PA 306, MCL 24.271 to 24.287, and in accordance

 

with rules promulgated by the tenure commission.state board of

 

education.

 

     (5) The hearing and tenure commission state board of education

 

review shall be conducted in accordance with the following:

 

     (a) The hearing shall be public or private at the option of

 

the teacher.

 

     (b) The hearing shall be held at a convenient place in the

 

county in which all or a portion of the school district is located

 

or, if mutually agreed by the parties, at the tenure commission

 

state board of education offices in Lansing. The administrative law

 

judge's necessary travel expenses associated with conducting the

 

hearing outside Lansing shall be borne equally by the tenure

 

commission state board of education and the controlling board.

 

     (c) Both the teacher and the controlling board may be

 

represented by legal counsel.

 

     (d) Testimony at the hearing shall be on oath or affirmation.

 

     (e) A stenographer shall make a full record of the proceedings

 

of the hearing. The cost of employing the stenographer and of

 

providing the record shall be borne equally by the tenure

 

commission state board of education and the controlling board.

 

     (f) The administrative law judge may subpoena witnesses and

 

documentary evidence on his or her own motion, and shall do so at

 

the request of the controlling board or the teacher. If a person

 

refuses to appear and testify in answer to a subpoena issued by the

 

administrative law judge, the party on whose behalf the subpoena

 

was issued may file a petition in the circuit court for the county

 

in which the hearing is held for an order requiring compliance.

 

Failure to obey such an order of the court may be punished by the

 

court as contempt.

 

     (g) The hearing shall be concluded not later than 90 days

 

after the teacher's claim of appeal was filed with the tenure

 

commission.state board of education.

 

     (h) The administrative law judge shall make the necessary

 

orders to ensure that the case is submitted for decision not later

 

than 50 days after the hearing is concluded.

 

     (i) Not later than 60 days after submission of the case for

 

decision, the administrative law judge shall serve a preliminary

 

decision and order in writing upon each party or the party's

 

attorney and the tenure commission. state board of education. The

 

preliminary decision and order shall grant, deny, or modify the

 

discharge or demotion specified in the charges.

 

     (j) Not later than 20 days after service of the preliminary

 

decision and order, a party may file with the tenure commission

 

state board of education a statement of exceptions to the

 

preliminary decision and order or to any part of the record or

 

proceedings, including, but not limited to, rulings on motions or

 

objections, along with a written brief in support of the

 

exceptions. The party shall serve a copy of the statement of

 

exceptions and brief upon each of the other parties within the time

 

limit for filing the exceptions and brief. If there are no

 

exceptions timely filed, the preliminary decision and order becomes

 

the tenure commission's state board of education's final decision

 

and order.

 

     (k) Not later than 10 days after being served with the other

 

party's exceptions and brief, a party may file a statement of

 

cross-exceptions responding to the other party's exceptions or a

 

statement in support of the preliminary decision and order with the

 

tenure commission, state board of education, along with a written

 

brief in support of the cross-exceptions or of the preliminary

 

decision and order. The party shall serve a copy of the statement

 

of cross-exceptions or of the statement in support of the

 

preliminary decision and order and a copy of the brief on each of

 

the other parties.

 

     (l) A matter that is not included in a statement of exceptions

 

filed under subdivision (j) or in a statement of cross-exceptions

 

filed under subdivision (k) is considered waived and cannot be

 

heard before the tenure commission state board of education or on

 

appeal to the court of appeals.

 

     (m) If exceptions are filed, the tenure commission, state

 

board of education, after review of the record and the exceptions,

 

may adopt, modify, or reverse the preliminary decision and order.

 

The tenure commission state board of education shall not hear any

 

additional evidence and its review shall be limited to

 

consideration of the issues raised in the exceptions based solely

 

on the evidence contained in the record from the hearing. The

 

tenure commission state board of education shall issue its final

 

decision and order not later than 60 days after the exceptions are

 

filed.

 

     (6) After giving the party notice and an opportunity to

 

comply, the administrative law judge or the tenure commission state

 

board of education may dismiss an appeal or deny a discharge or

 

demotion for a party's lack of progress or for a party's repeated

 

failure to comply with the procedures specified in this section or

 

the tenure commission's state board of education's rules.

 

     (7) A party aggrieved by a final decision and order of the

 

tenure commission state board of education may appeal the decision

 

and order to the court of appeals in accordance with the Michigan

 

court rules within 20 days after the date of the decision and

 

order.

 

ARTICLE VI

 

     Sec. 1. A teacher who has achieved continuing tenure status

 

may appeal to the tenure commission state board of education any

 

decision of a controlling board under this act, other than a

 

decision governed by article IV on discharge or demotion of a

 

teacher on continuing tenure, within 20 days from the date of the

 

decision. The tenure commission state board of education shall

 

provide for a hearing on the appeal. Notice and conduct of the

 

hearing shall be the same as provided in article IV and in rules

 

promulgated by the tenure commission.state board of education.

 

     Enacting section 1. Article VII of 1937 (Ex Sess) PA 4, MCL

 

38.131 to 38.140, is repealed.