Bill Text: MI HB6009 | 2009-2010 | 95th Legislature | Engrossed

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Bill Title: Education; employees; school districts to contract with intermediate school districts for superintendent; allow. Amends sec. 1229 of 1976 PA 451 (MCL 380.1229). TIE BAR WITH: HB 6008'10, HB 6010'10

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2010-12-01 - Placed On Order Of Third Reading [HB6009 Detail]

Download: Michigan-2009-HB6009-Engrossed.html

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HB-6009, As Passed House, May 13, 2010

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 6009

 

March 25, 2010, Introduced by Reps. Lahti, Lindberg, McDowell, Espinoza and Terry Brown and referred to the Committee on Education.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending section 1229 (MCL 380.1229), as added by 1995 PA 289.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1229. (1) The Except as otherwise provided in subsection

 

(4), the board of a school district, other than a school district

 

that was organized as a primary school district during the 1995-

 

1996 school year, or of an intermediate school district shall

 

employ a superintendent of schools, who shall meet the requirements

 

of section 1246. The superintendent shall not be a member of the

 

board. Employment of a superintendent shall be by written contract.

 

The term of the superintendent's contract shall be fixed by the

 

board, not to exceed 5 years. If written notice of nonrenewal of

 

the contract of a superintendent is not given at least 90 days

 

before the termination of the contract, the contract is renewed for

 

an additional 1-year period.

 

     (2) The board of a school district or intermediate school

 

district may employ assistant superintendents, principals,

 

assistant principals, guidance directors, and other administrators

 

who do not assume tenure in that position under Act No. 4 of the

 

Public Acts of the Extra Session of 1937, being sections 38.71 to

 

38.191 of the Michigan Compiled Laws. 1937 (Ex Sess) PA 4, MCL

 

38.71 to 38.191. The employment shall be by written contract. The

 

term of the employment contract shall be fixed by the board, not to

 

exceed 3 years. The board shall prescribe the duties of a person

 

described in this subsection. If written notice of nonrenewal of

 

the contract of a person described in this subsection is not given

 

at least 60 days before the termination date of the contract, the

 

contract is renewed for an additional 1-year period.

 

     (3) A notification of nonrenewal of contract of a person

 

described in subsection (2) 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, Act No. 267

 

of the Public Acts of 1976, being section 15.268 of the Michigan

 

Compiled Laws. 1976 PA 267, MCL 15.268. If the board fails to

 

provide for a meeting with the board, or if a court finds that the

 

reason for nonrenewal is arbitrary or capricious, the affected

 

person's contract is renewed for an additional 1-year period. This

 

subsection does not apply to the nonrenewal of the contract of a

 

superintendent of schools described in subsection (1).

 

     (4) A school district, instead of directly employing a

 

superintendent of schools, may contract with its intermediate

 

school district for the intermediate superintendent to serve as the

 

superintendent of schools for the school district or for the

 

intermediate school district to provide another person to serve as

 

superintendent of schools for the school district.

 

     Enacting section 1. This amendatory act does not take effect

 

unless all of the following bills of the 95th Legislature are

 

enacted into law:

 

     (a) Senate Bill No.____ or House Bill No. 6008(request no.

 

06218'10 *).

 

     (b) Senate Bill No.____ or House Bill No. 6010(request no.

 

06221'10 *).