Bill Text: MI HB5356 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Education; school districts; certain provisions in school code concerning first class school districts; apply to certain other school districts. Amends secs. 6, 11, 401, 401a, 403a, 404b, 411a, 412a, 413a, 414a, 415, 416, 417a, 418a, 422, 424, 431a, 432, 433, 434, 441, 442, 443, 444, 445, 461, 462, 471a, 472, 473, 475, 483a, 485, 1131, 1211, 1269 & 1602 of 1976 PA 451 (MCL 380.6 et seq.); amends heading of pt. 6 & repeals secs. 403, 404, 410, 412, 416a, 420 & 421 of 1976 PA 451 (MCL 380.403 et seq.).
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2009-09-16 - Printed Bill Filed 09/16/2009 [HB5356 Detail]
Download: Michigan-2009-HB5356-Introduced.html
HOUSE BILL No. 5356
September 15, 2009, Introduced by Reps. Bettie Scott, Womack, Leland, Lemmons, Jackson, Johnson, Durhal, Bledsoe, Young, Geiss and Nathan and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 6, 11, 401, 401a, 403a, 404b, 411a, 412a,
413a, 414a, 415, 416, 417a, 418a, 422, 424, 431a, 432, 433, 434,
441, 442, 443, 444, 445, 461, 462, 471a, 472, 473, 475, 483a, 485,
1131, 1211, 1269, and 1602 (MCL 380.6, 380.11, 380.401, 380.401a,
380.403a, 380.404b, 380.411a, 380.412a, 380.413a, 380.414a,
380.415, 380.416, 380.417a, 380.418a, 380.422, 380.424, 380.431a,
380.432, 380.433, 380.434, 380.441, 380.442, 380.443, 380.444,
380.445, 380.461, 380.462, 380.471a, 380.472, 380.473, 380.475,
380.483a, 380.485, 380.1131, 380.1211, 380.1269, and 380.1602),
section 6 as amended by 2008 PA 1, sections 11, 1131, 1269, and
1602 as amended and section 401a as added by 1995 PA 289, sections
403a, 404b, 412a, 413a, 414a, 415, 417a, 418a, 422, 424, 431a, 432,
433, 434, 441, 442, 443, 445, 461, 462, 471a, 472, 483a, and 485 as
amended by 2004 PA 303, sections 411a and 416 as amended by 2007 PA
29, section 475 as added by 2006 PA 347, and section 1211 as
amended by 2008 PA 455, and by amending the heading of part 6; and
to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6. (1) "School district" or "local school district" means
a general powers school district organized under this act,
regardless of previous classification, or a school district of the
first class or school district with at least 60,000 but fewer than
100,000 pupils in membership.
(2) "School district filing official" means the school
district election coordinator as defined in section 4 of the
Michigan election law, MCL 168.4, or an authorized agent of the
school district election coordinator.
(3) "School elector" means a person qualified as an elector
under section 492 of the Michigan election law, MCL 168.492, and
resident of the school district or intermediate school district on
or before the thirtieth day before the next ensuing regular or
special school election.
(4) "School month" means a 4-week period of 5 days each unless
otherwise specified in the teacher's contract.
(5) "Special education building and equipment" means a
structure or portion of a structure or personal property accepted,
leased, purchased, or otherwise acquired, prepared, or used for
special education programs and services.
(6) "Special education personnel" means persons engaged in and
having professional responsibility for students with a disability
in special education programs and services including, but not
limited to, teachers, aides, school social workers, diagnostic
personnel, physical therapists, occupational therapists,
audiologists, teachers of speech and language, instructional media-
curriculum specialists, mobility specialists, teacher consultants,
supervisors, and directors.
(7) "Special education programs and services" means
educational and training services designed for students with a
disability and operated by local school districts, local act school
districts, intermediate school districts, the Michigan schools for
the deaf and blind, the department of community health, the
department of human services, or a combination of these, and
ancillary professional services for students with a disability
rendered by agencies approved by the state board. The programs
shall include vocational training, but need not include academic
programs of college or university level.
(8) "Special school election" or "special election" means a
school district election to fill a vacancy on the school board or
submit a ballot question to the school electors that is held on a
regular election date established under section 641 of the Michigan
election law, MCL 168.641.
(9) "State approved nonpublic school" means a nonpublic school
that complies with 1921 PA 302, MCL 388.551 to 388.558.
(10) "State board" means the state board of education unless
clearly otherwise stated.
(11) "Student with a disability" means that term as defined in
R 340.1702 of the Michigan administrative code.
(12) "Department" means the department of education created
and operating under sections 300 to 305 of the executive
organization act of 1965, 1965 PA 380, MCL 16.400 to 16.405.
(13) "State school aid" means allotments from the general
appropriating act for the purpose of aiding in the support of the
public schools of the state.
(14) "The state school aid act of 1979" means the state school
aid act of 1979, 1979 PA 94, MCL 388.1601 to 388.1772.
Sec. 11. Each school district, except a school district of the
first class or school district with at least 60,000 but fewer than
100,000 pupils in membership, shall be organized and conducted as a
general powers school district regardless of previous
classification.
PART 6
SCHOOL DISTRICTS OF THE FIRST CLASS AND SCHOOL DISTRICTS WITH AT
LEAST 60,000 BUT FEWER THAN 100,000 PUPILS
Sec. 401. (1) A school district organized as a school district
of the first class or a school district with at least 60,000 but
fewer than 100,000 pupils in membership shall be governed by this
part, by the provisions of article 2 which are not inconsistent
with this part, and by articles 3 and 4.
(2) A school district governed by this part shall be known as
the "school district of the city of __________," and shall be under
the jurisdiction of the first class school district board or school
board of the school district with at least 60,000 but fewer than
100,000 pupils in membership.
(3) The first class school district board or school board of a
school district with at least 60,000 but fewer than 100,000 pupils
in membership shall be a body corporate under the name and title of
"the board of education of the school district of the city of
__________" and under that name may sue and be sued.
Sec. 401a. (1) Except as provided by law, a first class school
district or school district with at least 60,000 but fewer than
100,000 pupils in membership has all of the powers granted to a
general powers school district in section 11a and has all
additional powers granted by law to a first class school district
or school district with at least 60,000 but fewer than 100,000
pupils in membership or the board of a first class school district
or school board of a school district with at least 60,000 but fewer
than 100,000 pupils in membership.
(2) Unless expressly provided in the amendatory act that added
this section, the powers of a first class school district or school
district with at least 60,000 but fewer than 100,000 pupils in
membership are not diminished by this section or by the amendatory
act that added this section.
Sec.
403a. (1) This section applies to a first class school
district
only if the question under section 410 is not approved in
the
first class school district.
(2)
Effective on the next January 1 occurring at least 1 year
after
the question under section 410 is presented to the school
electors
of the first class school district, the A first class
school district or school district with at least 60,000 but fewer
than 100,000 pupils in membership shall have a board composed of 4
members elected as provided in section 411a, plus 7 members
elected, or appointed to fill a vacancy, as provided in section
412a.
Sec.
404b. (1) This section applies to a first class school
district
only if the question under section 410 is not approved in
the
first class school district.
(1) (2)
Upon the effective date of this
section with respect
to an existing first class school district, or immediately
following the date on which a school district becomes a first class
school district, 7 voting districts shall be established within its
boundaries in the manner provided in this section. The voting
districts described shall be established as voting districts if and
when approved by the state board.
(2) For a school district that has at least 60,000 but fewer
than 100,000 pupils in membership, 7 voting districts shall be
established within its boundaries in the manner provided in this
section. The voting districts shall be established as voting
districts when approved by the state board. If the school district
was a first class school district for the 2007-2008 school year,
then the voting districts that were in effect for the school
district as of that school year shall remain the voting districts
for the school district until they are redetermined under
subsection (3).
(3)
A The board of a first class school district or school
board of a school district with at least 60,000 but fewer than
100,000 pupils in membership shall determine the boundary lines of
its voting districts and shall redetermine the boundary lines after
each federal decennial census, but in no event later than April 15
of the first year in which board members are to be elected
following the official release of the federal decennial census
figures. If the board of a first class school district or school
board of a school district with at least 60,000 but fewer than
100,000 pupils in membership fails to redetermine the voting
district boundary lines by that April 15, the state board shall
convene within 10 days to make the redetermination. The
redetermination of the state board shall be the voting district
boundary lines until the redetermination is made following the next
succeeding federal decennial census as provided in this section.
(4)
For a first class school district that was a qualifying
school
district under part 5a at the time of a decennial census, if
a
redetermination was not made after that decennial census, the
voting
district boundary lines in effect immediately before that
decennial
census shall be used for the purposes of electing school
board
members under section 412a at the first election of school
board
members after the election under section 410. A
redetermination
based on that decennial census shall subsequently
be
made by the school board as provided in this section not later
than
3 months after election of the school board.
(4) (5)
Voting districts shall be compact,
contiguous, and as
equal as possible in population.
Sec.
411a. (1) This section applies to a first class school
district
only if the question under section 410 is not approved in
the
first class school district.
(1) (2)
Four members of the board of a
first class school
district shall be elected at large. The following provisions apply
to the terms, nomination, and election of the at large members of
the board of a school district organized as a first class school
district:
(a) Four members shall be elected for a term of 4 years at the
general election to be held in the next November after the question
under former
section 410 is was presented to the school electors of
the first class school district and every 4 years after that
November.
(b) Each candidate shall be nominated at a primary held in
conjunction with the preceding primary election conducted pursuant
to section 534 of the Michigan election law, 1954 PA 116, MCL
168.534. The nominating petitions shall contain not less than 500
or more than 1,000 signatures of registered school electors of the
city in which the first class school district is located; shall
meet the requirements of section 544c of the Michigan election law,
1954 PA 116, MCL 168.544c; and shall be filed with the clerk of the
city in which the first class school district is located on or
before 4 p.m. of the twelfth Tuesday before the primary election.
The city clerk may compare the signatures on the petitions with the
signatures appearing on the registration records, or in some other
proper manner determine whether the signatures appearing on the
petition are genuine and comply with the requirements of this
section. With the petitions, a candidate shall file an affidavit as
provided in section 558 of the Michigan election law, 1954 PA 116,
MCL 168.558. The clerk of the city shall notify the county clerk of
the name and address of each candidate not later than 3 days after
the last day for candidate withdrawal. However, if the third day is
a Saturday, Sunday, or legal holiday, the notice may be made on the
next day that is not a Saturday, Sunday, or legal holiday.
(c) Each member shall commence his or her term of office on
January 1 following his or her election.
(2) For a school district that has at least 60,000 but fewer
than 100,000 pupils in membership, 4 members of the board of the
school district shall be elected at large for a term of 4 years.
The following provisions apply to the terms, nomination, and
election of the at-large members of the board of the school
district:
(a) Four members shall be elected for a term of 4 years at the
November general election to be held in 2009 and every 4 years
after that November. If the school district was a first class
school district for the 2007-2008 school year, then the at-large
members who were in office for the school district as of September
1, 2008 under this section shall remain in office until the members
elected in 2009 take office or until vacating office, whichever is
sooner.
(b) Each candidate shall be nominated at a primary held in
conjunction with the preceding primary election conducted pursuant
to section 534 of the Michigan election law, 1954 PA 116, MCL
168.534. The nominating petitions shall contain not fewer than 500
or more than 1,000 signatures of school electors of the city with
the greatest population located within the school district; shall
meet the requirements of section 544c of the Michigan election law,
1954 PA 116, MCL 168.544c; and shall be filed with the clerk of the
city with the greatest population located within the school
district on or before 4 p.m. of the twelfth Tuesday before the
primary election. The city clerk may compare the signatures on the
petitions with the signatures appearing on the registration records
or in some other proper manner determine whether the signatures
appearing on the petition are genuine and comply with the
requirements of this section. With the petitions, a candidate shall
file an affidavit as provided in section 558 of the Michigan
election law, 1954 PA 116, MCL 168.558. The city clerk shall notify
the county clerk of the name and address of each candidate not
later than 3 days after the last day for candidate withdrawal.
However, if the third day is a Saturday, Sunday, or legal holiday,
the notice may be made on the next day that is not a Saturday,
Sunday, or legal holiday.
(c) Each member shall commence his or her term of office on
January 1 following his or her election.
(3) The board of a first class school district or school board
of a school district with at least 60,000 but fewer than 100,000
pupils in membership shall elect its officers during the month of
January following the election of board members. The president of
the board shall be a member of the board, and the duties of the
president shall be determined by the board.
(4) A board member of a first class school district board or
of the school board of a school district with at least 60,000 but
fewer than 100,000 pupils in membership who is recalled may be a
candidate for the same office at the next election for an office at
which the recalled member is otherwise eligible.
(5) The term of office of each board member serving in a
school district that becomes a first class school district after
April 15, 2004 expires on the next succeeding December 31 of an
even numbered year, except that if the school district becomes a
first class school district later than April 1 of an even numbered
year, the term of office of each board member expires on December
31 of the next succeeding even numbered year after the year in
which the district became a first class school district. For a
district becoming a first class school district after April 15,
2004, 4 school board members shall be elected in the general
election of the even numbered year in which the terms of office
expire, and the 4 school board members elected shall commence 4-
year terms on January 1 of the odd numbered year following the
general election.
(6) If a vacancy occurs on the first class school district
board from among the at large members, the vacancy shall be filled
by majority vote of the remaining first class school district board
members at a meeting called by the president of the board for that
purpose. If a person is appointed to fill a vacancy for which the
unexpired term is more than 1 year and 8 months, that person shall
serve until January 1 following the next general election. At that
first general election the vacancy shall be filled for the
unexpired term. A vacancy shall not be filled later than 60 days
before a primary election at which at large board members are to be
nominated.
(7) A candidate for the office of board member at large or a
person appointed to fill a vacancy on the board pursuant to
subsection (6) shall be 18 years of age or older at the time of his
or her election or appointment and shall be a registered school
elector residing in the first class school district in which the
person becomes a candidate or which the person is appointed to
represent. If an at large member's residence is moved from the
first class school district during the at large member's term of
office, it constitutes a vacating of office.
Sec.
412a. (1) This section applies to a first class school
district
only if the question under section 410 is not approved in
the
first class school district.
(1) (2)
In the next November general election after the
question
under section 410 is presented to the school electors of
the
For a first class school district, 7 members of the board
of a
first class school district shall be elected by voting districts
for an initial term of 2 years. At the November general election
held 2 years after that election and every 4 years thereafter, 7
members of the board shall be elected by voting districts for a
term of 4 years. Each member shall represent a voting district
described in section 404b.
(2) For a school district that has at least 60,000 but fewer
than 100,000 pupils in membership, 7 members of the board shall be
elected by voting districts for a term of 4 years. Each member
shall represent a voting district described in section 404b. Seven
members shall be elected by voting districts for a term of 4 years
at the November general election to be held in 2011 and every 4
years after that November. If the school district was a first class
school district for the 2007-2008 school year, then the voting
district members who were in office for the school district as of
September 1, 2008 under this section shall remain in office until
the members elected in 2011 take office or until vacating office,
whichever is sooner.
(3) The members shall be nominated and elected by the
registered school electors of each voting district in the manner
provided
by law for the nomination and election of the first class
school
board members elected at large under section 411a, except
that the number of signatures required on nominating petitions of a
candidate for election as a representative of a voting district
shall be not less than 250 or more than 500. A signature on a
nominating petition is not valid unless the petitioner is a
registered school elector of the voting district in which the
candidate is running for election. Not more than 2 candidates shall
be nominated at the primary election for each voting district.
(4) Candidates shall be nominated at a primary held in
conjunction with the preceding primary election conducted pursuant
to section 534 of the Michigan election law, 1954 PA 116, MCL
168.534. Nominating petitions shall meet the requirements of
section 544c of the Michigan election law, 1954 PA 116, MCL
168.544c, and shall be filed with the clerk of the city in which
the first class school district or school district with at least
60,000 but fewer than 100,000 pupils in membership is located on or
before 4 p.m. of the twelfth Tuesday preceding the primary
election. The city clerk may compare the signatures on the
petitions with the signatures appearing on the registration
records, or in some other proper manner determine whether the
signatures appearing on the petitions are genuine and comply with
the requirements of this section. With the petitions, a candidate
shall file an affidavit as provided in section 558 of the Michigan
election law, 1954 PA 116, MCL 168.558.
(5) The 7 board members elected to represent the voting
districts under this section shall commence their terms of office
on January 1 following the election.
(6) A candidate for the office of board member representing a
voting district or a person appointed to fill a vacancy pursuant to
subsection (7) shall be 18 years of age or older at the time of his
or her election or appointment and shall be a registered school
elector residing in the voting district in which the person becomes
a candidate or which the person is appointed to represent. If a
voting district member's residence is moved from the voting
district during the voting district member's term of office, this
constitutes a vacating of office.
(7) If a vacancy occurs on the first class school district
board or on the school board of a school district with at least
60,000 but fewer than 100,000 pupils in membership from among the
voting district members, the vacancy shall be filled from among
registered school electors of the voting district by majority vote
of
the remaining first class school district board members. If a
person is appointed to fill a vacancy in a voting district for
which the unexpired term is more than 1 year and 8 months, that
person shall serve until January 1 following the next general
election. At that next general election the vacancy shall be filled
for the unexpired term. A vacancy shall not be filled later than 60
days before a primary election at which voting district board
members are to be nominated.
Sec. 413a. The city clerk of the city with the greatest
population located within the boundaries of the first class school
district or of the school board of a school district with at least
60,000 but fewer than 100,000 pupils in membership, within the time
specified for serving notices upon officials elected at a city
election, shall serve notice of election upon each member of the
first class school district board or of the school board of a
school district with at least 60,000 but fewer than 100,000 pupils
in membership elected at the election.
Sec. 414a. If a person elected to the board of a first class
school district or to the school board of a school district with at
least 60,000 but fewer than 100,000 pupils in membership under this
part fails to take the oath of office within 10 days after service
of notice of election, the vacancy shall be filled pursuant to
section
411a(6) , 412(7), or
412a(7), as applicable.
Sec. 415. (1) The first class school district board or the
school board of a school district with at least 60,000 but fewer
than 100,000 pupils in membership, by a vote of 2/3 of the members
serving, may expel or remove from office a member for corrupt or
willful malfeasance or misfeasance in office, or for willful
neglect of the duties of the member's office. The reason for the
expulsion or removal shall be entered on the records of the board
with the names and votes of the members voting on the question.
(2) A member shall not be expelled or removed unless the
member is first furnished with a written copy of the charges and is
allowed to be heard in his or her defense, with aid of counsel.
(3) For this purpose the board shall have power to issue
subpoenas to compel the attendance of witnesses and the production
of papers, and shall proceed within 10 days after service of a copy
of the charge to hear and determine the merits of the case.
(4) The member's failure to appear may be good cause for
removal from office.
Sec.
416. (1) This section applies to a first class school
district
only if the question under section 410 is not approved in
the
first class school district.
(1) (2)
The officers of the first class
school district board
or of the school board of a school district with at least 60,000
but fewer than 100,000 pupils in membership shall be a president,
vice-president, secretary, and treasurer. Subject to subsection
(7), the board, a majority of which constitutes a quorum, shall
elect its president and vice-president biennially from among the
members of the board. In case of a vacancy in the office of
president, the vice-president shall succeed to the office of
president for the balance of the unexpired term. The secretary and
treasurer shall be appointed by the board but shall not be members
of the board and shall receive a salary fixed by the board.
(2) (3)
The president, vice-president, and
secretary shall
perform the duties prescribed by the bylaws and regulations of the
board. The duties of the treasurer shall be determined by the
school district general superintendent, as approved by the board.
(3) (4)
The officers of the board who in
the discharge of the
duties of their respective positions handle funds belonging to the
first
class school district shall be
required to give bonds for the
faithful performance of their duties in accordance with the bylaws
and regulations of the board. The premium of the bonds shall be
paid from the funds of the board.
(4) (5)
The school district treasurer shall
have the custody
of all money belonging to the school district and shall pay out
money pursuant to section 433. The funds shall be deposited with
depositories selected by the board, and the interest derived shall
be paid into the general fund of the board.
(5) (6)
The board shall require from the
school district
treasurer a separate bond of not less than $200,000.00 to protect
the funds of the board.
(6) (7)
All If a school district with
at least 60,000 but
fewer than 100,000 pupils in membership was a first class school
district as of September 1, 2008, then all of the following apply
to
the board members elected by the board in 2006 2008 as
president
and vice president of the board:
(a)
The initial term as president and vice president for each
of those board members is continued until a successor is elected by
the
board for each in January of 2008 2010.
(b) Successors for each of those officers as described in
subdivision (a) shall be elected biennially by the board as
provided
under subsection (2) (1).
Sec. 417a. (1) A member of the first class school district
board or of the school board of a school district with at least
60,000 but fewer than 100,000 pupils in membership shall not be
directly or indirectly interested in a contract with the board.
Except for the per diem allowance provided in subsection (2), a
member of the first class school district board or of the school
board of a school district with at least 60,000 but fewer than
100,000 pupils in membership shall not receive compensation for
services rendered to the board.
(2)
Except as otherwise provided in this subsection, and
subsection
(3), each member of a first class school district board
member
or of the school board of a school district with at least
60,000 but fewer than 100,000 pupils in membership shall be paid a
per diem allowance of $30.00 for each board meeting and
subcommittee meeting attended and each authorized duty performed.
To be reimbursed for an authorized duty, the duty shall be related
directly to the member's responsibility as a board member and shall
be authorized in advance by resolution of the board. Compensation
shall be provided to a board member for an authorized duty only if
that duty and the authority of the board member to perform that
duty is specifically enumerated in the resolution authorizing
compensation. The payments for meetings, subcommittee meetings, and
authorized duties shall not exceed a total of 52 meetings,
subcommittee meetings, and authorized duties per year, except that
,
if the question under section 410 is not approved in the first
class
school district, this limitation
may be removed by majority
vote of the board.
(3)
If the question under section 410 is approved in the first
class
school district, the board of the first class school district
may
by majority vote of the board waive any per diem payment under
this
section.
Sec. 418a. (1) Regular meetings of the first class school
district board or of the school board of a school district with at
least 60,000 but fewer than 100,000 pupils in membership shall be
held at least once each month, at a time and place fixed by the
bylaws.
If the question under section 410 is not approved, not less
Not fewer than 7 of the regular meetings shall be held in different
voting districts of the first class school district or of the
school board of a school district with at least 60,000 but fewer
than
100,000 pupils in membership each year.
If the question under
section
410 is approved, not less than 9 of the regular meetings
shall
be held in different voting districts of the first class
school
district each year. The bylaws may
provide for the calling
of special meetings.
(2) The proceedings and official actions of the first class
school district board or of the school board of a school district
with at least 60,000 but fewer than 100,000 pupils in membership
shall be a public record open to inspection pursuant to section
1202.
(3) The board of the first class school district or the school
board of a school district with at least 60,000 but fewer than
100,000 pupils in membership shall have made a complete annual
audit of its financial transactions. The board may employ a firm of
certified public accountants to make the audit or, if the city with
the greatest population located within the boundaries of the school
district has an auditor whose duties are limited to postauditing of
finances and investigation of operations, the board may arrange for
the city's auditor to make the audit. The audit report shall be
made
to the board and the chief executive officer and shall be a
public
record. The board may direct the chief executive officer to
publish
the audit report by adding it to it its general school
statistics or it may publish general school statistics separately.
(4)
If the question under section 410 is not approved in the
first
class school district, every Every
action of the first class
school district board or of the school board of a school district
with at least 60,000 but fewer than 100,000 pupils in membership
creating a liability or debt or originating the disposal or
expenditure of property or money shall be by yea and nay vote
entered upon its record.
Sec. 422. If territory comprising an entire school district is
annexed to the city and becomes a part of the first class school
district or school district with at least 60,000 but fewer than
100,000 pupils in membership, part 10 shall govern where applicable
with respect to the bonded indebtedness of either district existing
at the time of annexation. The first class school district board or
the school board of a school district with at least 60,000 but
fewer than 100,000 pupils in membership may use any funds legally
available to retire the bonded indebtedness of the annexed
district.
If the question under section 410 is approved in the
first
class school district, then the chief executive officer
appointed
under section 420 has the powers and shall perform the
duties
of the board of the first class school district under this
section.
Sec.
424. (1) When school property belonging to another school
district is taken by annexation by a first class school district or
school district with at least 60,000 but fewer than 100,000 pupils
in membership, a determination shall be made of the equitable
amount that shall be paid by the first class school district or
school district with at least 60,000 but fewer than 100,000 pupils
in membership. That determination shall be made by the boards of
the 2 districts affected. If the board of the first class school
district or the school board of a school district with at least
60,000 but fewer than 100,000 pupils in membership and the board of
the school district from which the property is taken are unable to
agree, the matter shall be submitted to a board of arbitration
consisting of 1 member appointed by each board and a third member
to be selected by the 2 appointed members. The arbitrators by order
shall fix a day for hearing and give notice of the hearing as
provided in the order. They shall make regulations for the
proceedings and shall make a final order determining the amount to
be paid by the first class school district or school district with
at least 60,000 but fewer than 100,000 pupils in membership to the
school district whose property was taken by the annexation and file
the order with the county clerk. The order of the arbitrators shall
be final. Taxes shall be levied and collected in the manner
provided in the order.
(2)
If the question under section 410 is approved in the first
class
school district, then the chief executive officer appointed
under
section 420 has the powers and shall perform the duties of
the
board of the first class school district under this section.
Sec. 431a. (1) The board of the first class school district or
the school board of a school district with at least 60,000 but
fewer than 100,000 pupils in membership may take, use, hold, lease,
sell, and convey real and personal property, including property
received by gift, devise, or bequest, for the use of the public
school within and without its corporate limits. Proceeds from the
sale of real property shall be credited to accounts of the school
district. as
provided in section 1262. The first
class school
district board or the school board of a school district with at
least 60,000 but fewer than 100,000 pupils in membership has the
power to purchase, lease, and take by the right of eminent domain
all property; erect and maintain or lease all buildings; employ and
pay all persons; and do all other things in its judgment necessary
for the proper establishment and management of the public schools.
If
the question under section 410 is approved in the first class
school
district, then the chief executive officer appointed under
section
420 has the powers and shall perform the duties of the
board
of the first class school district under this subsection.
(2) The first class school district board or the school board
of a school district with at least 60,000 but fewer than 100,000
pupils in membership may adopt and revise as appropriate bylaws and
regulations
for conducting the business of the board and , if the
question
under section 410 is not approved in the first class
school
district, for the control and
government of all schools,
school
property, and pupils in the first class school district.
(3) If property is sought to be taken by eminent domain,
proceedings may be brought under 1911 PA 149, MCL 213.21 to 213.25,
or the uniform condemnation procedures act, 1980 PA 87, MCL 213.51
to 213.75.
Sec. 432. (1) The first class school district board or the
school board of a school district with at least 60,000 but fewer
than 100,000 pupils in membership annually shall prepare estimates
of the amount of taxes necessary for its needs for the ensuing
fiscal year. The estimates shall specify the amount required for
the "general fund", the amount required for the "building and site
fund", and the amount required for the "debt retirement fund". If
the board causes the appropriation for the "building and site fund"
to be raised by the issuance of bonds instead of raising the
appropriation by taxation, provision shall be made for the
retirement of the bonds in a debt retirement fund.
(2) The board shall adopt a budget in the same manner and form
as required for its estimates and determine the amount of tax levy
necessary for that budget and shall certify on or before the date
required by law the amount to the city.
(3) The proper officials of the city shall apportion the
school taxes in the same manner as the other taxes of the city are
apportioned, and the amount apportioned shall be assessed, levied,
collected, and returned for the school district in the same manner
as taxes of the city. The tax levied by the school district, in the
discretion of the legislative body of the city, may be stated
separately on each tax bill.
(4)
If the question under section 410 is approved in the first
class
school district, then the chief executive officer appointed
under
section 420 has the powers and shall perform the duties of
the
board of the first class school district under this section.
Sec. 433. (1) The secretary of the first class school district
board or of the school board of a school district with at least
60,000 but fewer than 100,000 pupils in membership shall issue and
sign a warrant upon the treasurer for payrolls, bills, and accounts
that become due and payable under a contract or because of a
previous authorization or action of the board after the payrolls,
bills, and accounts are registered and charged to the
appropriations from which they are payable. The treasurer, upon
receipt of the warrant, shall issue a check in payment thereof.
(2) Other claims and demands against the first class school
district or school district with at least 60,000 but fewer than
100,000 pupils in membership shall be made under the regulations of
the board. The board, before paying a bill, account, or claim, may
require that it be accompanied by a certificate of the person
rendering it that the services or the property charged have been
actually performed or delivered for the school district, that the
sums charged are reasonable and just, and that to the best of that
person's knowledge and belief no setoff exists nor payment has been
made on account except as included or referred to in the account
presented. A similar certificate shall be required on all payrolls,
the certificate to be made by the person who supervises the
services charged.
(3)
If the question under section 410 is approved in the first
class
school district, then the chief executive officer appointed
under
section 420 or his or her designee has the powers and shall
perform
the duties of the board of the first class school district
or
board officers under this section.
Sec. 434. (1) Before a contract entered into by the first
class school district or school district with at least 60,000 but
fewer than 100,000 pupils in membership for the purchase of real
estate or the erection, remodeling, or repairing of a building is
binding on the school district, the secretary shall endorse on the
contract that the money proposed to be expended under the contract
is actually in the treasury or that the money has been
appropriated. A contract submitted shall not be certified by the
secretary until all contracts for the completed work covered by the
appropriation are submitted, and a warrant shall not be drawn on
the account of a contract not containing the certificate.
(2) The board may authorize a contract before the money is
available if an appropriation or an authorization of bonds or notes
is made for the contract and may borrow on the best terms
obtainable on the credit of that appropriation or authorization of
bonds or notes sums necessary to make a payment under the contract.
(3)
If the question under section 410 is approved in the first
class
school district, then the chief executive officer appointed
under
section 420 or his or her designee has the powers and shall
perform
the duties of the board of the first class school district
or
board officers under this section.
Sec. 441. The board of the first class school district or the
school board of a school district with at least 60,000 but fewer
than 100,000 pupils in membership, with the consent of the
legislative body of the city, may authorize the financial officers
of the school district to borrow for not more than 1 year, on the
best terms obtainable, sums necessary to pay awards in condemnation
proceedings.
If the question under section 410 is approved in the
first
class school district, then the chief executive officer
appointed
under section 420 has the powers and shall perform the
duties
of the board of the first class school district under this
section.
Sec. 442. (1) The board of the first class school district or
the school board of a school district with at least 60,000 but
fewer than 100,000 pupils in membership may do any of the
following:
(a) Borrow, subject to the revised municipal finance act, 2001
PA 34, MCL 141.2101 to 141.2821, for temporary school purposes sums
of money and give notes of the district for temporary school
purposes.
(b) Borrow, subject to the revised municipal finance act, 2001
PA 34, MCL 141.2101 to 141.2821, sums of money for the purpose of
purchasing sites for buildings, playgrounds, or athletic fields and
purchasing or erecting and equipping a building or making a
permanent improvement that the school district is authorized to
make. The board may accomplish this by the issuance and sale of
bonds of the school district on terms the board considers
advisable, or by other reasonable means. The board shall designate
officers
to execute the bonds on behalf of the school district. The
designated
officers may include the chief financial officer.
(2) A loan shall not be made, except as otherwise provided in
this subsection, for a sum that, together with the total
outstanding bonded indebtedness of the school district, exceeds 5%
of the state equalized valuation of the taxable property within the
school district, unless the proposition of making the loans or of
issuing bonds is submitted to a vote of the school electors of the
school district at a general or special school election and
approved by the majority of the school electors voting on the
question. Regardless of the amount of outstanding bonded
indebtedness of the school district, a vote of the school electors
is not necessary in order to issue bonds for a purpose described in
section 1274a. Loans may be made or bonds may be issued for the
purposes stated in this section in an amount equal to that provided
by part 17.
(3)
If the question under section 410 is approved in the first
class
school district, then the chief executive officer appointed
under
section 420 has the powers and shall perform the duties of
the
board of the first class school district under this section.
Sec. 443. (1) Proceeds from the sale of bonds of the first
class
school district bonds or
of a school district with at least
60,000 but fewer than 100,000 pupils in membership may be expended
for the remodeling of existing buildings of the school district if
the board determines the remodeling will contribute positively to
the health, security, or welfare of the pupils of the school
district and if the uses are approved by the superintendent of
public
instruction. If the question under section 410 is approved
in
the first class school district, then the chief executive
officer
appointed under section 420 has the powers and shall
perform
the duties of the board of the first class school district
under
this subsection.
(2) As used in this section, "remodeling" means the alteration
or construction of structural components of a building including
walls, roofs, partitions, hallways, stairways, or means of egress,
or the replacement, relocation, or reconstruction of heating,
ventilating, incineration, electrical, security, or sanitary
systems.
Sec. 444. (1) Sections 442 and 443 are supplemental to other
provisions of law under which bonds of the school district or the
city are authorized to be issued and sold.
(2) Officers of the city in which the school district is
situated who participate in matters relating to the issuance and
sale of bonds under this part are for that purpose made ex officio
officers of the first class school district board or of the school
board of a school district with at least 60,000 but fewer than
100,000 pupils in membership.
Sec. 445. (1) The board of the first class school district or
the school board of a school district with at least 60,000 but
fewer than 100,000 pupils in membership by resolution may submit
the proposition of issuing bonds for the purpose of purchasing
sites for buildings, playgrounds, or athletic fields and purchasing
or erecting and equipping a building or making permanent
improvements that the school district is authorized to make to the
school electors of the school district at a city or state election,
or at a special election called for that purpose.
(2) If a majority of the school electors voting on the
question approve the issuance of bonds, the board may issue the
bonds of the district.
(3) The board shall determine the form of the bonds, the
manner in which they shall be executed by the president and
secretary of the district, the sums payable and the times of
payment, and other terms and conditions the board considers
necessary.
(4) If the board determines to issue bonds under this section,
sections
432 442 and 444 shall not apply to the issuance of the
bonds and the bonds may be issued in an amount equal to that
provided by part 17.
(5) The secretary of the board shall file with the city clerk
a written notice of the resolution to submit the bonding
proposition to the school electors with a draft of the form of the
bonding proposition to be submitted. The notice shall be under the
seal of the board and filed with the city clerk at least 60 days
before the date fixed by the board for the election.
(6) The laws of this state pertaining to elections in a city
shall govern the practicable submission of the proposition to the
school electors. Electors qualified to vote on the bonding
proposition shall be registered school electors of the city in
which the first class school district or school district with at
least 60,000 but fewer than 100,000 pupils in membership is located
and otherwise qualified to vote on bonding propositions under the
constitution and laws of this state.
(7) Bonds issued under this act are subject to the revised
municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.
(8)
If the question under section 410 is approved in the first
class
school district, then the chief executive officer appointed
under
section 420 has the powers and shall perform the duties of
the
board of the first class school district or board officers
under
this section.
Sec. 461. (1) Upon the adoption, by majority vote of the board
members serving, of a measure not coming under its general power or
authority, the board of the first class school district or the
school board of a school district with at least 60,000 but fewer
than 100,000 pupils in membership shall submit the measure to the
school electors of the school district at the next state or city
election or a special election called for that purpose. This
section does not authorize the issuance of bonds. The secretary of
the board shall file with the city clerk a written notice of the
adoption of the measure together with a written draft of the
measure to be submitted to the school electors. The notice shall be
under the seal of the board and filed with the city clerk not less
than 60 days before the election.
(2) The laws of this state pertaining to elections in the city
govern the practicable submission of the measure to the school
electors.
(3)
If the question under section 410 is approved in the first
class
school district, then the chief executive officer appointed
under
section 420 has the powers and shall perform the duties of
the
board of the first class school district or board officers
under
this section.
Sec. 462. Special elections may be called by the board of the
first class school district or the school board of a school
district with at least 60,000 but fewer than 100,000 pupils in
membership. The board shall call an election on receipt of the
written request of not less than 10% of the registered school
electors of the district qualified to vote on the question by
giving the prescribed notice. The questions to be submitted at the
election
shall be stated briefly in the notice. If the question
under
section 410 is approved in the first class school district,
then
the chief executive officer appointed under section 420 has
the
powers and shall perform the duties of the board of the first
class
school district under this section.
Sec.
471a. (1) This section applies to a first class school
district
only if the question under section 410 is not approved in
the
first class school district.
(1) (2)
The first class school district
board or the school
board of a school district with at least 60,000 but fewer than
100,000 pupils in membership may appoint a superintendent of
schools
for a term not exceeding 6 years pursuant to the first
class
school district board's bylaws. The
board may employ
assistant superintendents, principals, assistant principals,
guidance directors, and other administrators who do not assume
tenure in position for a term, not to exceed 3 years, fixed by the
board and shall define their duties. Administrative and personnel
services shall be provided on a centralized basis throughout the
first
class school district and shall not
be established on a
voting district basis. The employment shall be under written
contract. Notification of nonrenewal of contract shall be given in
writing not less than 90 days before the termination date of the
contract of a superintendent of schools, and at least 60 days
before the termination date of the contract of other administrators
described in this subsection. If notification of nonrenewal is not
given as required in this subsection, the contract is renewed for
an additional 1-year period.
(3) A notification of nonrenewal of a contract of a person
described in this section may be given only for a reason that is
not arbitrary or capricious. The board shall not issue a notice of
nonrenewal under this section unless the affected person has been
provided with not less than 30 days' advance notice that the board
is considering the nonrenewal together with a written statement of
the reasons the board is considering the nonrenewal. After the
issuance of the written statement, but before the nonrenewal
statement is issued, the affected person shall be given the
opportunity to meet with not less than a majority of the board to
discuss the reasons stated in the written statement. The meeting
shall be open to the public or a closed session as the affected
person elects under section 8 of the open meetings act, 1976 PA
267, MCL 15.268. The failure to provide for a meeting with the
board or the finding of a court that the reason for nonrenewal is
arbitrary or capricious shall result in the renewal of the affected
person's contract for an additional 1-year period. This subsection
does not apply to the nonrenewal of the contract of a
superintendent of schools.
(4) Except for certification requirements determined by the
state board, the first class school district board or the school
board of a school district with at least 60,000 but fewer than
100,000 pupils in membership shall have full power over employees
and may specify the duties to be performed by them and fix the
qualifications necessary for a position. The qualifications shall
not conflict with the rules, regulations, or licensing laws of the
state, county, or municipality governing qualifications of
engineers or members of other trades.
(5) This section is subject to part 5a.
Sec. 472. A first class school district or a school district
with at least 60,000 but fewer than 100,000 pupils in membership
may establish, maintain, and conduct a school for the purpose of
affording a place of confinement, discipline, instruction, and
maintenance of children of the city of compulsory school age who
may be committed to the school by a court of competent
jurisdiction, or admitted on the recommendation of the judge with
the consent of their parents or guardian. A child who has been
convicted of an offense punishable by confinement in a penal
institution shall not be committed or admitted to the school.
Sec.
473. This part shall does not repeal or affect a general
law or local law governing the management and control of public
libraries as now established in school districts under this part.
The powers and duties of the boards of education now in existence
regarding libraries shall be assigned to and transferred to the
first class school district board created by this part or to the
school board of a school district with at least 60,000 but fewer
than 100,000 pupils in membership.
Sec. 475. (1) Subject to subsection (2), the board of a first
class school district or the school board of a school district with
at least 60,000 but fewer than 100,000 pupils in membership may
establish and maintain a school, class, or program within a school
in which enrollment is limited to pupils of a single gender if the
school district also makes available to pupils a substantially
equal coeducational school, class, or program and a substantially
equal school, class, or program for pupils of the other gender.
(2) If the board of a first class school district or the
school board of a school district with at least 60,000 but fewer
than 100,000 pupils in membership establishes a single-gender
school, class, or program described in subsection (1), the school
district shall not require participation by any of its pupils in
the single-gender school, class, or program. The board shall ensure
that participation by pupils in a single-gender school, class, or
program is wholly voluntary. For the purposes of this subsection,
participation by a pupil in a single-gender school, class, or
program is not considered to be voluntary unless the school
district also makes available to the pupil a substantially equal
coeducational school, class, or program.
Sec.
483a. (1) This section applies to a first class school
district
only if the question under section 410 is not approved in
the
first class school district.
(2)
The first class school district
board or the school board
of a school district with at least 60,000 but fewer than 100,000
pupils in membership shall perform the following functions:
(a) Central purchasing.
(b) Payroll.
(c) Employment, discharge, assignment, and promotion of
teachers and other employees of the district.
(d) Contract negotiations for all employees, subject to 1947
PA 336, MCL 423.201 to 423.217, and subject to bargaining
certification and the collective bargaining agreement pertaining to
affected employees.
(e) Property management and maintenance and the use of
educational facilities.
(f) Bonding.
(g) Special education programs.
(h) Allocation of funds for capital outlay and operations.
(i) Determination of the curriculum and the establishment of
educational and testing programs.
(j) Adoption of a budget.
(3)
All powers and duties formerly vested in the regional
boards
are transferred to the first class school district board.
Sec. 485. (1) At least every 2 years, the board of the first
class school district or the school board of a school district with
at least 60,000 but fewer than 100,000 pupils in membership shall
adopt policies and establish programs that provide for and
encourage the free flow of information between the school district
and the community and that provide for and encourage community
input into educational matters considered by the board.
(2) In order to implement subsection (1), the board of a first
class school district or the school board of a school district with
at least 60,000 but fewer than 100,000 pupils in membership shall
do both of the following:
(a) Provide for an autonomous school-community organization in
each school within the school district. The school-community
organization shall be open to all parents and other residents of
the school attendance area.
(b) Establish procedures for handling complaints, concerns,
and recommendations received from parents and other members of the
community.
(3)
If the question under section 410 is approved in the first
class
school district, then the chief executive officer appointed
under
section 420 has the powers and shall perform the duties of
the
board of the first class school district under this section.
Sec. 1131. Each school district is subject to and governed by
this article except as to those matters which are specifically or
by necessary implication provided for a first class school district
or a school district with at least 60,000 but fewer than 100,000
pupils in membership under part 6, and by articles 3 and 4. An
intermediate school district is governed by the provisions of this
article that relate specifically to intermediate school districts
and by articles 3 and 4.
Sec. 1211. (1) Except as otherwise provided in this section
and section 1211c, the board of a school district shall levy not
more than 18 mills for school operating purposes or the number of
mills levied in 1993 for school operating purposes, whichever is
less. A principal residence, qualified agricultural property,
qualified forest property, supportive housing property, and
industrial personal property are exempt from the mills levied under
this subsection except for the number of mills by which that
exemption is reduced under this subsection. The board of a school
district that had a foundation allowance calculated under section
20 of the state school aid act of 1979, MCL 388.1620, for the 1994-
95 state fiscal year of more than $6,500.00, may reduce the number
of mills from which a principal residence, qualified agricultural
property, qualified forest property, supportive housing property,
and industrial personal property are exempted under this subsection
by up to the number of mills, as certified under section 1211a,
required to be levied on a principal residence, qualified
agricultural property, qualified forest property, supportive
housing property, and industrial personal property for the school
district's combined state and local revenue per membership pupil
for the school fiscal year ending in 1995 to be equal to the school
district's foundation allowance for the state fiscal year ending in
1995, and the board also may levy in 1994 or a succeeding year that
number of mills for school operating purposes on a principal
residence, qualified agricultural property, qualified forest
property, supportive housing property, and industrial personal
property.
(2) Subject to subsection (3), if the department of treasury
determines that the maximum number of mills allowed to be levied
under subsection (1) on all classes of property was not sufficient
for a school district's combined state and local revenue per
membership pupil for the school fiscal year ending in 1995 to be
equal to the school district's foundation allowance for that school
fiscal year, the board of the school district may levy in 1994 or a
succeeding year additional mills uniformly on all property up to
the number of mills required for the school district's combined
state and local revenue per membership pupil for the school fiscal
year ending in 1995 to be equal to the school district's foundation
allowance for the state fiscal year ending in 1995. However, the
board of a school district described in this subsection, by board
resolution, may elect to exempt each principal residence and all
qualified agricultural property, qualified forest property,
supportive housing property, and industrial personal property
located in the school district from some or all of the mills that
the board is authorized to levy under this subsection.
(3) After 1994, the number of mills a school district may levy
under this section on any class of property shall not exceed the
lesser of the number of mills the school district was certified by
the department of treasury under section 1211a to levy on that
class of property under this section in 1994 or the number of mills
required to be levied on that class of property under this section
to ensure that the increase from the immediately preceding state
fiscal year in the school district's combined state and local
revenue per membership pupil, calculated as if the school district
had levied the maximum number of mills the school district was
allowed to levy under this section regardless of the number of
mills the school district actually levied, does not exceed the
lesser of the dollar amount of the increase in the basic foundation
allowance under section 20 of the state school aid act of 1979, MCL
388.1620, from the immediately preceding state fiscal year or the
percentage increase in the general price level in the immediately
preceding calendar year. If the number of mills a school district
is allowed to levy under this section in a year after 1994 is less
than the number of mills the school district was allowed to levy
under this section in the immediately preceding year, any reduction
required by this subsection in the school district's millage rate
shall be calculated by first reducing the number of mills the
school district is allowed to levy under subsection (2) and then
increasing the number of mills from which a principal residence,
qualified agricultural property, qualified forest property,
supportive housing property, and industrial personal property are
exempted under subsection (1).
(4) Commercial personal property is exempt from 12 of the
mills levied under this section. However, if the number of mills
from which industrial personal property is exempted for a specific
school district is reduced under this section, then the number of
mills from which commercial personal property is exempted for that
school district shall be reduced by that same number of mills.
(5) Millage levied under this section must be approved by the
school electors. For the purposes of this section, millage approved
by the school electors before January 1, 1994 for which the
authorization has not expired is considered to be approved by the
school electors.
(6) If a school district levies millage for school operating
purposes that is in excess of the limits of this section, the
amount of the resulting excess tax revenue shall be deducted from
the school district's next regular tax levy.
(7) If a school district levies millage for school operating
purposes that is less than the limits of this section, the board of
the school district may levy at the school district's next regular
tax levy an additional number of mills not to exceed the additional
millage needed to make up the shortfall.
(8) A school district shall not levy mills allocated under the
property tax limitation act, 1933 PA 62, MCL 211.201 to 211.217a,
other than mills allocated to a school district of the first class
or a school district with at least 60,000 but fewer than 100,000
pupils in membership for payment to a public library commission
under section 11(4) of the property tax limitation act, 1933 PA 62,
MCL 211.211, after 1993.
(9) As used in this section:
(a) "Combined state and local revenue per membership pupil"
means that term as defined in section 20 of the state school aid
act of 1979, MCL 388.1620.
(b) "Commercial personal property" means property classified
as commercial personal property under section 34c of the general
property tax act, 1893 PA 206, MCL 211.34c.
(c) "Foundation allowance" means a school district's
foundation allowance as calculated under section 20 of the state
school aid act of 1979, MCL 388.1620.
(d) "General price level" means that term as defined in
section 33 of article IX of the state constitution of 1963.
(e) "Industrial personal property" means property classified
as industrial personal property under section 34c of the general
property tax act, 1893 PA 206, MCL 211.34c.
(f) "Membership" means that term as defined in section 6 of
the state school aid act of 1979, MCL 388.1606.
(g) "Owner", "person", "principal residence", and "qualified
agricultural property" mean those terms as defined in section 7dd
of the general property tax act, 1893 PA 206, MCL 211.7dd.
(h) "Qualified forest property" means that term as defined in
section 7jj of the general property tax act, 1893 PA 206, MCL
211.7jj[1].
(i) "School operating purposes" includes expenditures for
furniture and equipment, for alterations necessary to maintain
school facilities in a safe and sanitary condition, for funding the
cost of energy conservation improvements in school facilities, for
deficiencies in operating expenses for the preceding year, and for
paying the operating allowance due from the school district to a
joint high school district in which the school district is a
participating school district under former part 3a. Taxes levied
for school operating purposes do not include any of the following:
(i) Taxes levied by a school district for operating a community
college under part 25.
(ii) Taxes levied under section 1212.
(iii) Taxes levied under section 1356 for eliminating an
operating deficit.
(iv) Taxes levied for operation of a library under section 1451
or for operation of a library established pursuant to 1913 PA 261,
MCL 397.261 to 397.262, that were not included in the operating
millage reported by the district to the department as of April 1,
1993. However, a district may report to the department not later
than April 1, 1994 the number of mills it levied in 1993 for a
purpose described in this subparagraph that the school district
does not want considered as operating millage and then that number
of mills is excluded under this section from taxes levied for
school operating purposes.
(v) Taxes paid by a school district of the first class or a
school district with at least 60,000 but fewer than 100,000 pupils
in membership to a public library commission pursuant to section
11(4) of the property tax limitation act, 1933 PA 62, MCL 211.211.
(vi) Taxes levied under former section 1512 for operation of a
community swimming pool. In addition, if a school district included
the millage it levied in 1993 for operation of a community swimming
pool as part of its operating millage reported to the department
for 1993, the school district may report to the department not
later than June 17, 1994 the number of mills it levied in 1993 for
operation of a community swimming pool that the school district
does not want considered as operating millage and then that number
of mills is excluded under this section from taxes levied for
school operating purposes.
(j) "Supportive housing property" means real property
certified as supportive housing property under chapter 3B of the
state housing development authority act of 1966, 1966 PA 346, MCL
125.1459 to 125.1459b.
Sec. 1269. The board of a school district, other than a first
class school district or a school district with at least 60,000 but
fewer than 100,000 pupils in membership, shall insure school
district property unless otherwise directed by the school electors.
The governing board of a public school academy shall insure public
school academy property. The insurance may be obtained from mutual,
stock, or other responsible companies licensed to do business in
this state.
Sec. 1602. The board of a first class school district or other
school district having a population of more than 10,000, after
having secured the approval of the state board, may establish
collegiate and noncollegiate courses of study. These collegiate
courses, except in school districts of the first class or a school
district with at least 60,000 but fewer than 100,000 pupils in
membership, shall not embrace more than 2 years of collegiate work.
The courses, collectively and exclusive of the regular K to 12
grades, shall be known and designated as the community college of
the district school system.
Enacting section 1. Sections 403, 404, 410, 412, 416a, 420,
and 421 of the revised school code, 1976 PA 451, MCL 380.403,
380.404, 380.410, 380.412, 380.416a, 380.420, and 380.421, are
repealed.
