Bill Text: MI HB6367 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Education; school districts; sale of certain land owned by a school district; require voter approval. Amends sec. 11a of 1976 PA 451 (MCL 380.11a).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-09-26 - Bill Electronically Reproduced 09/25/2018 [HB6367 Detail]

Download: Michigan-2017-HB6367-Introduced.html

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HOUSE BILL No. 6367

 

 

September 25, 2018, Introduced by Reps. Howrylak and Gay-Dagnogo and referred to the Committee on Education Reform.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending section 11a (MCL 380.11a), as amended by 2016 PA 192.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 11a. (1) Beginning on July 1, 1996, each school district

 

formerly organized as a primary school district or as a school

 

district of the fourth class, third class, or second class shall be

 

a general powers school district under this act.

 

     (2) Beginning on July 1, 1996, a school district operating

 

under a special or local act shall operate as a general powers

 

school district under this act except to the extent that the

 

special or local act is inconsistent with this act. Upon repeal of

 

a special or local act that governs a school district, that school

district shall become a general powers school district under this

 

act.

 

     (3) A general powers school district has all of the rights,

 

powers, and duties expressly stated in this act; may exercise a

 

power implied or incident to a power expressly stated in this act;

 

and, except as otherwise provided by law, may exercise a power

 

incidental or appropriate to the performance of a function related

 

to operation of a public school and the provision of public

 

education services in the interests of public elementary and

 

secondary education in the school district, including, but not

 

limited to, all of the following:

 

     (a) Educating pupils. In addition to educating pupils in

 

grades K-12, this function may include operation of preschool,

 

lifelong education, adult education, community education, training,

 

enrichment, and recreation programs for other persons. A school

 

district may do either or both of the following:

 

     (i) Educate pupils by directly operating 1 or more public

 

schools on its own.

 

     (ii) Cause public education services to be provided for pupils

 

of the school district through an agreement, contract, or other

 

cooperative agreement with another public entity, including, but

 

not limited to, another school district or an intermediate school

 

district.

 

     (b) Providing for the safety and welfare of pupils while at

 

school or a school sponsored activity or while en route to or from

 

school or a school sponsored activity.

 

     (c) Except as otherwise provided in this section, acquiring,

constructing, maintaining, repairing, renovating, disposing of, or

 

conveying school property, facilities, equipment, technology, or

 

furnishings.

 

     (d) Hiring, contracting for, scheduling, supervising, or

 

terminating employees, independent contractors, and others,

 

including, but not limited to, another school district or an

 

intermediate school district, to carry out school district powers.

 

A school district may indemnify its employees.

 

     (e) Receiving, accounting for, investing, or expending public

 

school money; borrowing money and pledging public school funds for

 

repayment; and qualifying for state school aid and other public or

 

private money from local, regional, state, or federal sources.

 

     (4) Beginning on the effective date of the amendatory act that

 

added this subsection, a general powers school district shall not

 

sell 5 or more acres of land owned by the school district unless

 

the sale of that land is approved by a majority of the school

 

electors of the school district voting on the question at a general

 

or special election.

 

     (5) (4) A general powers school district may enter into

 

agreements, contracts, or other cooperative arrangements with other

 

entities, public or private, including, but not limited to, another

 

school district or an intermediate school district, or join

 

organizations as part of performing the functions of the school

 

district. An agreement, contract, or other cooperative arrangement

 

that is entered into under this act is not required to comply with

 

the provisions of the urban cooperation act of 1967, 1967 (Ex Sess)

 

PA 7, MCL 124.501 to 124.512, as provided under section 503 3 of

that act, MCL 124.503.

 

     (6) (5) A general powers school district is a body corporate

 

and shall be governed by a school board. An act of a school board

 

is not valid unless approved, at a meeting of the school board, by

 

a majority vote of the members lawfully serving on the board.

 

     (7) (6) The board of a general powers school district shall

 

adopt bylaws. These bylaws may establish or change board

 

procedures, the number of board officers, titles and duties of

 

board officers, and any other matter related to effective and

 

efficient functioning of the board. Regular meetings of the board

 

shall be held at least once each month, at the time and place fixed

 

by the bylaws. Special meetings may be called and held in the

 

manner and for the purposes specified in the bylaws. Board

 

procedures, bylaws, and policies in effect on the effective date of

 

this section July 1, 1996 shall continue in effect until changed by

 

action of the board.

 

     (8) (7) The board of a school district shall be elected as

 

provided under this act and the Michigan election law. The number

 

of members of the board of a general powers school district shall

 

remain the same as for that school district before July 1, 1996

 

unless changed by the school electors of the school district at a

 

regular or special school election. A ballot question for changing

 

the number of board members may be placed on the ballot by action

 

of the board or by petition submitted by school electors as

 

provided under chapter XIV of the Michigan election law, MCL

 

168.301 to 168.316.

 

     (9) (8) Members of the board of a general powers school

district shall be elected by the school electors for terms of 4 or

 

6 years, as provided by the school district's bylaws. At each

 

regular school election, members of the board shall be elected to

 

fill the positions of those whose terms will expire. A term of

 

office begins as provided in section 302 of the Michigan election

 

law, MCL 168.302, and continues until a successor is elected and

 

qualified.

 

     (10) (9) Except as provided under part 5b, a community

 

district shall be organized and conducted in the same manner as a

 

general powers school district. As provided under part 5b, a

 

community district has all of the powers of a general powers school

 

district under this section 11a and has all additional powers

 

granted by law to a community district or the school board of a

 

community district. The members of the board of a community

 

district shall be elected by the school electors in the manner and

 

for the terms as provided under part 5b and the Michigan election

 

law.

 

     (11) (10) The board of a general powers school district may

 

submit to the school electors of the school district a question

 

that is within the scope of the powers of the school electors and

 

that the board considers proper for the management of the school

 

system or the advancement of education in the school district. Upon

 

the adoption of a question by the board, the board shall submit the

 

question to the school electors by complying with section 312 of

 

the Michigan election law, MCL 168.312.

 

     (12) (11) A special election may be called by the board of a

 

general powers school district as provided under chapter XIV of the

Michigan election law, MCL 168.301 to 168.316.

 

     (13) (12) Unless expressly provided in 1995 PA 289, the powers

 

of a school board or school district are not diminished by this

 

section or by 1995 PA 289.

 

     (14) (13) A school district operating a public library, public

 

museum, or community recreational facility as of July 1, 1996 may

 

continue to operate the public library, public museum, or community

 

recreational facility.

 

     (15) (14) A school district may establish and administer

 

scholarships for its students or graduates to support their

 

attendance at a postsecondary educational institution from funds

 

the school district receives as a result of a compact entered into

 

between this state and a federally recognized Indian tribe pursuant

 

to the Indian gaming regulatory act, Public Law 100-497. A school

 

district that establishes a scholarship program funded under this

 

subsection shall ensure that the scholarship program provides for

 

all of the following:

 

     (a) That a student or graduate is not eligible to be awarded a

 

scholarship unless the student or graduate is enrolled in the

 

school district for all of grades 9 to 12 and meets 1 of the

 

following:

 

     (i) Is a resident of the school district for all of grades 9

 

to 12.

 

     (ii) Was enrolled in the school district for the 2009-2010

 

school year but was not a resident of the school district for that

 

school year, and is enrolled in the school district continuously

 

after that school year until graduation.

     (b) That the amount of a scholarship awarded to a student or

 

graduate who was not enrolled in and a continuous resident of the

 

school district for all of grades K to 12 shall be adjusted based

 

on length of enrollment and continuous residency or, for a student

 

or graduate described in subdivision (a)(ii), based on length of

 

enrollment.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.