SENATE BILL NO. 805

February 27, 2020, Introduced by Senators IRWIN, MCBROOM, BULLOCK, WOJNO, CHANG, BAYER and POLEHANKI and referred to the Committee on Education and Career Readiness.

A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending section 1532 (MCL 380.1532), as amended by 2006 PA 619, and by adding section 1531l.

the people of the state of michigan enact:

Sec. 1531l. (1) Notwithstanding any other provision of this act or a rule to the contrary, the nonrenewal of a school counseling endorsement on a teaching certificate or the declaration of a school counseling endorsement on a teaching certificate as in inactive status as described under subsection (2) is not grounds for the nonrenewal, nullification, suspension, or voidance of that teaching certificate.

(2) Notwithstanding any other provision of this act or a rule to the contrary, upon the request of a teacher, the superintendent of public instruction shall declare that the teacher's school counseling endorsement on his or her teaching certificate is in inactive status. Notwithstanding any other provision of this act or a rule to the contrary, upon the request of a teacher, the superintendent of public instruction shall remove the teacher's school counseling endorsement from inactive status and place it in active status if the teacher's school counseling endorsement is in inactive status under this subsection and if the underlying teaching certificate that the endorsement is on is not expired pursuant to any other provision of this act or a rule. However, a school counseling endorsement removed from inactive status and placed in active status under this subsection only remains active if the teacher who requested the removal of the inactive status under this subsection provides proof, in a form and manner prescribed by the department, to the department showing that the teacher has completed professional development as described under section 1233(6) within 5 years from the date that the teacher's endorsement was removed from inactive status under this subsection. Notwithstanding any other provision of this act or a rule to the contrary, a school counseling endorsement that is in inactive status under this subsection does not expire.

Sec. 1532. (1) Before a teaching certificate is valid in this state, the holder shall must record the certificate in the office of the intermediate superintendent or of the superintendent of schools of the school district in which the holder expects to teach.

(2) Before a teaching certificate is valid in this state, the holder shall must make and subscribe the following oath or affirmation:

"I do solemnly swear (or affirm) that I will support the constitution Constitution of the United States of America and the constitution of the state of Michigan and that I will faithfully discharge the duties of the office of teacher according to the best of my ability".

(3) The oath set forth in subsection (2) shall must be signed by the holder of the teaching certificate, notarized, and attached to or superimposed on the teaching certificate.

(4) Except as provided in this act, a teacher's teaching certificate shall must not be nullified except by the state board superintendent of public instruction and for a cause that would have initially justified the withholding of the certificate.

(5) Upon the request of a teacher, the state board superintendent of public instruction immediately shall nullify that teacher's teaching certificate. Upon the request of a teacher, the state board may superintendent of public instruction shall nullify 1 or more endorsements on the teaching certificate , or a grade level certification included in the teaching certificate. , if the grade level certification or endorsement has not been used for 12 or more years.

(6) The state board shall not reinstate, reissue, or renew a teaching certificate, endorsement on a teaching certificate, or a grade level certification that has been nullified pursuant to subsection (5).Nullification of an endorsement on a teaching certificate is not considered to be a nullification of the underlying teaching certificate or of any other endorsement on that teaching certificate.

Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No.____ (request no. 03621'19) of the 100th Legislature is enacted into law.