SENATE BILL No. 610

 

 

June 16, 2005, Introduced by Senator KUIPERS and referred to the Committee on Education.

 

 

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending sections 1535a and 1539b (MCL 380.1535a and 380.1539b),

 

as amended by 2004 PA 51.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1535a. (1) Subject to subsection (2), if a person who

 

holds a teaching certificate that is valid in this state has been

 

convicted of a crime described in this subsection, within 10

 

working days after receiving notice of the conviction the

 

superintendent of public instruction shall notify the person in

 

writing that his or her teaching certificate may be suspended

 

because of the conviction and of his or her right to a hearing

 

before the superintendent of public instruction. The hearing shall

 

be conducted as a contested case under the administrative

 


procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. If the

 

person does not avail himself or herself of this right to a hearing

 

within 15 working days after receipt of this written notification,

 

the teaching certificate of that person shall be suspended. If a

 

hearing takes place, the superintendent of public instruction shall

 

complete the proceedings and make a final decision and order within

 

120 working days after receiving the request for a hearing. Subject

 

to subsection (2), the superintendent of public instruction may

 

suspend the person's teaching certificate based upon the issues and

 

evidence presented at the hearing. This subsection applies to any

 

of the following crimes:

 

     (a) Any felony.

 

     (b) Any of the following misdemeanors:

 

     (i) Criminal sexual conduct in the fourth degree or an attempt

 

to commit criminal sexual conduct in the fourth degree.

 

     (ii) Child abuse in the third or fourth degree or an attempt to

 

commit child abuse in the third or fourth degree.

 

     (iii) A misdemeanor involving cruelty, torture, or indecent

 

exposure involving a child.

 

     (iv) A misdemeanor violation of section 7410 of the public

 

health code, 1978 PA 368, MCL 333.7410.

 

     (v) A violation of section 115, 141a, 145a, 335a, or 359 of

 

the Michigan penal code, 1931 PA 328, MCL 750.115, 750.141a,

 

750.145a, 750.335a, and 750.359, or a misdemeanor violation of

 

section 81, 81a, or 145d of the Michigan penal code, 1931 PA 328,

 

MCL 750.81, 750.81a, and 750.145d.

 

     (vi) A misdemeanor violation of section 701 of the Michigan

 


liquor control code of 1998, 1998 PA 58, MCL 436.1701.

 

     (2) If a person who holds a teaching certificate that is valid

 

in this state has been convicted of a crime described in this

 

subsection, the superintendent of public instruction shall find

 

that the public health, safety, or welfare requires emergency

 

action and shall order summary suspension of the person's teaching

 

certificate under section 92 of the administrative procedures act

 

of 1969, 1969 PA 306, MCL 24.292, and shall subsequently provide an

 

opportunity for a hearing as provided under that section. This

 

subsection does not limit the superintendent of public

 

instruction's ability to order summary suspension of a person's

 

teaching certificate for a reason other than described in this

 

subsection. This subsection applies to conviction of any of the

 

following crimes:

 

     (a) Criminal sexual conduct in any degree, assault with intent

 

to commit criminal sexual conduct, or an attempt to commit criminal

 

sexual conduct in any degree.

 

     (b) Felonious assault on a child, child abuse in the first

 

degree, or an attempt to commit child abuse in the first degree.

 

     (c) Cruelty, torture, or indecent exposure involving a child.

 

     (d) A violation of section 7401(2)(a)(i), 7403(2)(a)(i), 7410,

 

or 7416 of the public health code, 1978 PA 368, MCL 333.7401,

 

333.7403, 333.7410, and 333.7416.

 

     (e) A violation of section 83, 89, 91, 145a, 316, 317, or 529

 

of the Michigan penal code, 1931 PA 328, MCL 750.83, 750.89,

 

750.91, 750.145a, 750.316, 750.317, and 750.529, or a felony

 

violation of section 145d of the Michigan penal code, 1931 PA 328,

 


MCL 750.145d.

 

     (f) Any other listed offense.

 

     (g)  (f)  Any other crime listed in subsection (1), if the

 

superintendent of public instruction determines the public health,

 

safety, or welfare requires emergency action based on the

 

circumstances underlying the conviction.

 

     (3) The superintendent of public instruction after a hearing

 

shall not take action against a person's teaching certificate under

 

subsection (1) or (2) unless the superintendent of public

 

instruction finds that the conviction is reasonably and adversely

 

related to the person's present fitness to serve in an elementary

 

or secondary school in this state or that the conviction

 

demonstrates that the person is unfit to teach in an elementary or

 

secondary school in this state. Further, the superintendent of

 

public instruction may take action against a person's teaching

 

certificate under subsection (1) or (2) based on a conviction that

 

occurred before the effective date of the amendatory act that added

 

this subsection if the superintendent of public instruction finds

 

that the conviction is reasonably and adversely related to the

 

person's present fitness to serve in an elementary or secondary

 

school in this state or that the conviction demonstrates that the

 

person is unfit to teach in an elementary or secondary school in

 

this state.

 

     (4) If a person who has entered a plea of guilt or no contest

 

to or who is the subject of a finding of guilt by a judge or jury

 

of a crime listed in subsection (2) remains employed by a public

 

school, school district, intermediate school district, or nonpublic

 


school during the pendency of proceedings under this section, the

 

public school, school district, intermediate school district, or

 

nonpublic school employing the person shall not pay the person his

 

or her wages, but shall instead hold the person's wages in escrow

 

in its own accounts until the superintendent of public instruction

 

has made a final determination of whether or not to suspend or

 

revoke the person's teaching certificate. If the superintendent of

 

public instruction suspends or revokes the person's teaching

 

certificate, the wages held in escrow are forfeited to the public

 

school, school district, intermediate school district, or nonpublic

 

school. If the superintendent of public instruction does not

 

suspend or revoke the person's teaching certificate, the public

 

school, school district, intermediate school district, or nonpublic

 

school shall pay the person the wages held in escrow, without

 

interest. However, if a collective bargaining agreement is in

 

effect as of the effective date of this subsection for employees of

 

a school district, intermediate school district, or public school

 

academy, and if the terms of that collective bargaining agreement

 

are inconsistent with this subsection, then this subsection does

 

not apply to that school district, intermediate school district, or

 

public school academy until after the expiration of that collective

 

bargaining agreement.

 

     (5)  (4) After  Except as otherwise provided in this

 

subsection, after the completion of a person's sentence, the person

 

may request a hearing before the superintendent of public

 

instruction on reinstatement of his or her teaching certificate.

 

Based upon the issues and evidence presented at the hearing, the

 


superintendent of public instruction may reinstate, continue the

 

suspension of, or permanently revoke the person's teaching

 

certificate. The superintendent of public instruction shall not

 

reinstate a person's teaching certificate unless the superintendent

 

of public instruction finds that the person is currently fit to

 

serve in an elementary or secondary school in this state and that

 

reinstatement of the person's teaching certificate will not

 

adversely affect the health, safety, and welfare of pupils. If a

 

person's conviction was for a listed offense, the person is not

 

entitled to request a hearing on reinstatement under this

 

subsection, and the superintendent of public instruction shall not

 

reinstate the person's teaching certificate under this subsection.

 

     (6)  (5)  All of the following apply to a person described in

 

this section whose conviction is reversed upon final appeal:

 

     (a) The person's teaching certificate shall be reinstated upon

 

his or her notification to the superintendent of public instruction

 

of the reversal.

 

     (b) If the suspension of the person's teaching certificate

 

under this section was the sole cause of his or her discharge from

 

employment, the person shall be reinstated, upon his or her

 

notification to the appropriate local or intermediate school board

 

of the reversal, with full rights and benefits, to the position he

 

or she would have had if he or she had been continuously employed.

 

     (c) If any wages owed to the person were forfeited under

 

subsection (4), the public school, school district, intermediate

 

school district, or nonpublic school to which the wages were

 

forfeited shall repay the wages to the person.

 


     (7)  (6) Not later than 15 days after the date of the

 

conviction, the  If the prosecuting attorney in charge of a case  

 

in which a person who holds a teaching certificate was convicted of

 

a crime described in subsection (1) or (2) and the court that

 

convicted the person  receives a form as provided under section

 

1230d, the prosecuting attorney shall notify the superintendent of

 

public instruction, and any public school, school district,

 

intermediate school district, or nonpublic school in which the

 

person is employed  , of that conviction, of the name and address

 

of the person convicted, and of  by forwarding a copy of the form

 

to each of them not later than 7 days after receiving the form. If

 

the court receives a form as provided under section 1230d, the

 

court shall notify the superintendent of public instruction and any

 

public school, school district, intermediate school district, or

 

nonpublic school in which the person is employed by forwarding to

 

each of them a copy of the form and information regarding the

 

sentence imposed on the person not later than 7 days after the date

 

of sentencing, even if the court is maintaining the file as a

 

nonpublic record.  A prosecuting attorney in charge of a case in

 

which a person is convicted of a crime described in subsection (1)

 

or (2) and a court that convicts a person of a crime described in

 

subsection (1) or (2) shall inquire whether the person holds a

 

teaching certificate.

 

     (8)  (7)  Not later than  5 working  7 days after receiving

 

notification  of a person's conviction  from the prosecuting

 

attorney or the court under subsection  (6)  (7) or learning

 

through an authoritative source that a person who holds a teaching

 


certificate has been convicted of a crime listed in subsection (1),

 

the superintendent of public instruction shall request the court  

 

that convicted the person  to provide a certified copy of the

 

judgment of conviction and sentence or other document regarding the

 

disposition of the case to the superintendent of public instruction

 

and shall pay any fees required by the court. The court shall

 

provide this certified copy within  5 working  7 days after

 

receiving the request and fees under this section or after entry of

 

the judgment or other document, whichever is later, even if the

 

court is maintaining the judgment or other document as a nonpublic

 

record.

 

     (9)  (8)  If the superintendent of a school district or

 

intermediate school district, the chief administrative officer of a

 

nonpublic school, the president of the board of a school district

 

or intermediate school district, or the president of the governing

 

board of a nonpublic school is notified  by a prosecuting attorney

 

or court  or learns through an authoritative source that a person

 

who holds a teaching certificate and who is employed by the school

 

district, intermediate school district, or nonpublic school has

 

been convicted of a crime described in subsection (1) or (2), the

 

superintendent, chief administrative officer, or board president

 

shall notify the superintendent of public instruction of that

 

conviction within 15 days after learning of the conviction.

 

     (10)  (9)  For the purposes of this section, a certified copy

 

of the judgment of conviction and sentence is conclusive evidence

 

of conviction of a crime described in this section. For the

 

purposes of this section, conviction of a crime described in this

 


section is considered to be reasonably and adversely related to the

 

ability of the person to serve in an elementary or secondary school

 

and is sufficient grounds for suspension or revocation of the

 

person's teaching certificate.

 

     (11)  (10)  For any hearing under subsection (1), if the

 

superintendent of public instruction does not complete the hearing

 

procedures and make a final decision and order within 120 working

 

days after receiving the request for the hearing, as required under

 

subsection (1), the superintendent of public instruction shall

 

submit a report detailing the reasons for the delay to the standing

 

committees and appropriations subcommittees of the senate and house

 

of representatives that have jurisdiction over education and

 

education appropriations. The failure of the superintendent of

 

public instruction to complete the hearing procedures and make a

 

final decision and order within this 120 working day time limit, or

 

the failure of any other official or agency to meet a time limit

 

prescribed in this section, does not affect the validity of an

 

action taken under this section affecting a person's teaching

 

certificate.

 

     (12)  (11)  Beginning  3 months after the effective date of

 

the amendatory act that added this subsection  July 1, 2004, the

 

superintendent of public instruction shall submit to the

 

legislature a quarterly report of all final actions he or she has

 

taken under this section affecting a person's teaching certificate

 

during the preceding quarter. The report shall contain at least all

 

of the following with respect to each person whose teaching

 

certificate has been affected:

 


     (a) The person's name, as it appears on the teaching

 

certificate.

 

     (b) The school district, intermediate school district, public

 

school academy, or nonpublic school in which the person was

 

employed at the time of the conviction, if any.

 

     (c) The offense for which the person was convicted and the

 

date of the offense and date of the conviction.

 

     (d) Whether the action taken by the superintendent of public

 

instruction was a summary suspension, suspension due to failure to

 

request a hearing, suspension, revocation, or reinstatement of the

 

teaching certificate.

 

     (13)  (12)  Not later than  6 months after the effective date

 

of the amendatory act that added this subsection  October 1, 2004,

 

the superintendent of public instruction shall submit to the

 

legislature an inventory report with information on all final

 

actions taken under this section for the time period from March 30,

 

1988 until  the effective date of the amendatory act that added

 

this subsection  April 1, 2004. The report shall contain at least

 

all of the information required in the quarterly report under

 

subsection  (11)  (12) with respect to each person whose teaching

 

certificate was affected during that time period. If the

 

superintendent of public instruction determines that the

 

information required for the report is not available for any

 

portion of that time period, the superintendent of public

 

instruction shall include with the report a detailed explanation of

 

the information that is not available and the reasons why the

 

information is not available.

 


     (14)  (13)  This section does not do any of the following:

 

     (a) Prohibit a person who holds a teaching certificate from

 

seeking monetary compensation from a school board or intermediate

 

school board if that right is available under a collective

 

bargaining agreement or another statute.

 

     (b) Limit the rights and powers granted to a school district

 

or intermediate school district under a collective bargaining

 

agreement, this act, or another statute to discipline or discharge

 

a person who holds a teaching certificate.

 

     (15)  (14)  The superintendent of public instruction may

 

promulgate, as necessary, rules to implement this section pursuant

 

to the administrative procedures act of 1969, 1969 PA 306, MCL

 

24.201 to 24.328.

 

     (16) The department of information technology shall work with

 

the department and the department of state police to develop and

 

implement an automated program that does a monthly comparison of

 

the department's list of individuals holding a teaching certificate

 

or state board approval with the conviction information received by

 

the department of state police, including convictions contained in

 

a nonpublic record.

 

     (17)  (15)  As used in this section:

 

     (a) "Conviction" means a judgment entered by a court upon a

 

plea of guilty, guilty but mentally ill, or nolo contendere or upon

 

a jury verdict or court finding that a defendant is guilty or

 

guilty but mentally ill.

 

     (b) "Listed offense" means that term as defined in section 2

 

of the sex offenders registration act, 1994 PA 295, MCL 28.722.

 


     (c)  (b)  "Prosecuting attorney" means the prosecuting

 

attorney for a county, an assistant prosecuting attorney for a

 

county, the attorney general, the deputy attorney general, an

 

assistant attorney general, a special prosecuting attorney, or, in

 

connection with the prosecution of an ordinance violation, an

 

attorney for the political subdivision that enacted the ordinance

 

upon which the violation is based.

 

     Sec. 1539b. (1) Subject to subsection (2), if a person who

 

holds state board approval has been convicted of a crime described

 

in this subsection, within 10 working days after receiving notice

 

of the conviction the superintendent of public instruction shall

 

notify the person in writing that his or her state board approval

 

may be suspended because of the conviction and of his or her right

 

to a hearing before the superintendent of public instruction. The

 

hearing shall be conducted as a contested case under the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 

24.328. If the person does not avail himself or herself of this

 

right to a hearing within 15 working days after receipt of this

 

written notification, the person's state board approval shall be

 

suspended. If a hearing takes place, the superintendent of public

 

instruction shall complete the proceedings and make a final

 

decision and order within 120 working days after receiving the

 

request for a hearing. Subject to subsection (2), the

 

superintendent of public instruction may suspend the person's state

 

board approval, based upon the issues and evidence presented at the

 

hearing. This subsection applies to any of the following crimes:

 

     (a) Any felony.

 


     (b) Any of the following misdemeanors:

 

     (i) Criminal sexual conduct in the fourth degree or an attempt

 

to commit criminal sexual conduct in the fourth degree.

 

     (ii) Child abuse in the third or fourth degree or an attempt to

 

commit child abuse in the third or fourth degree.

 

     (iii) A misdemeanor involving cruelty, torture, or indecent

 

exposure involving a child.

 

     (iv) A misdemeanor violation of section 7410 of the public

 

health code, 1978 PA 368, MCL 333.7410.

 

     (v) A violation of section 115, 141a, 145a, 335a, or 359 of

 

the Michigan penal code, 1931 PA 328, MCL 750.115, 750.141a,

 

750.145a, 750.335a, and 750.359, or a misdemeanor violation of

 

section 81, 81a, or 145d of the Michigan penal code, 1931 PA 328,

 

MCL 750.81, 750.81a, and 750.145d.

 

     (vi) A misdemeanor violation of section 701 of the Michigan

 

liquor control code of 1998, 1998 PA 58, MCL 436.1701.

 

     (2) If a person who holds state board approval has been

 

convicted of a crime described in this subsection, the

 

superintendent of public instruction shall find that the public

 

health, safety, or welfare requires emergency action and shall

 

order summary suspension of the person's state board approval under

 

section 92 of the administrative procedures act of 1969, 1969 PA

 

306, MCL 24.292, and shall subsequently provide an opportunity for

 

a hearing as required under that section. This subsection does not

 

limit the superintendent of public instruction's ability to order

 

summary suspension of a person's state board approval for a reason

 

other than described in this subsection. This subsection applies to

 


conviction of any of the following crimes:

 

     (a) Criminal sexual conduct in any degree, assault with intent

 

to commit criminal sexual conduct, or an attempt to commit criminal

 

sexual conduct in any degree.

 

     (b) Felonious assault on a child, child abuse in the first

 

degree, or an attempt to commit child abuse in the first degree.

 

     (c) Cruelty, torture, or indecent exposure involving a child.

 

     (d) A violation of section 7401(2)(a)(i), 7403(2)(a)(i), 7410,

 

or 7416 of the public health code, 1978 PA 368, MCL 333.7401,

 

333.7403, 333.7410, and 333.7416.

 

     (e) A violation of section 83, 89, 91, 145a, 316, 317, or 529

 

of the Michigan penal code, 1931 PA 328, MCL 750.83, 750.89,

 

750.91, 750.145a, 750.316, 750.317, and 750.529, or a felony

 

violation of section 145d of the Michigan penal code, 1931 PA 328,

 

MCL 750.145d.

 

     (f) Any other listed offense.

 

     (g)  (f)  Any other crime listed in subsection (1), if the

 

superintendent of public instruction determines the public health,

 

safety, or welfare requires emergency action based on the

 

circumstances underlying the conviction.

 

     (3) The superintendent of public instruction after a hearing

 

shall not take action against a person's state board approval under

 

subsection (1) or (2) unless the superintendent of public

 

instruction finds that the conviction is reasonably and adversely

 

related to the person's present fitness to serve in an elementary

 

or secondary school in this state or that the conviction

 

demonstrates that the person is unfit to teach in an elementary or

 


secondary school in this state. Further, the superintendent of

 

public instruction may take action against a person's state board

 

approval under subsection (1) or (2) based on a conviction that

 

occurred before the effective date of the amendatory act that added

 

this subsection if the superintendent of public instruction finds

 

that the conviction is reasonably and adversely related to the

 

person's present fitness to serve in an elementary or secondary

 

school in this state.

 

     (4) If a person who has entered a plea of guilt or no contest

 

to or who is the subject of a finding of guilt by a judge or jury

 

of a crime listed in subsection (2) remains employed by a public

 

school, school district, intermediate school district, or nonpublic

 

school during the pendency of proceedings under this section, the

 

public school, school district, intermediate school district, or

 

nonpublic school employing the person shall not pay the person his

 

or her wages, but shall instead hold the person's wages in escrow

 

in its own accounts until the superintendent of public instruction

 

has made a final determination of whether or not to suspend or

 

revoke the person's state board approval. If the superintendent of

 

public instruction suspends or revokes the person's state board

 

approval, the wages held in escrow are forfeited to the public

 

school, school district, intermediate school district, or nonpublic

 

school. If the superintendent of public instruction does not

 

suspend or revoke the person's state board approval, the public

 

school, school district, intermediate school district, or nonpublic

 

school shall pay the person the wages held in escrow, without

 

interest. However, if a collective bargaining agreement is in

 


effect as of the effective date of this subsection for employees of

 

a school district, intermediate school district, or public school

 

academy, and if the terms of that collective bargaining agreement

 

are inconsistent with this subsection, then this subsection does

 

not apply to that school district, intermediate school district, or

 

public school academy until after the expiration of that collective

 

bargaining agreement.

 

     (5)  (4)  After the completion of the person's sentence, the

 

person may request a hearing before the superintendent of public

 

instruction on reinstatement of his or her state board approval.

 

Based upon the issues and evidence presented at the hearing, the

 

superintendent of public instruction may reinstate, continue the

 

suspension of, or permanently revoke the person's state board

 

approval. The superintendent of public instruction shall not

 

reinstate a person's state board approval unless the superintendent

 

of public instruction finds that the person is currently fit to

 

serve in an elementary or secondary school in this state and that

 

reinstatement of the person's state board approval will not

 

adversely affect the health, safety, and welfare of pupils. If a

 

person's conviction was for a listed offense, the person is not

 

entitled to request a hearing on reinstatement under this

 

subsection, and the superintendent of public instruction shall not

 

reinstate the person's state board approval under this subsection.

 

     (6)  (5)  All of the following apply to a person described in

 

this section whose conviction is reversed upon final appeal:

 

     (a) The person's state board approval shall be reinstated upon

 

his or her notification to the superintendent of public instruction

 


of the reversal.

 

     (b) If the suspension of the state board approval was the sole

 

cause of his or her discharge from employment, the person shall be

 

reinstated upon his or her notification to the appropriate local or

 

intermediate school board of the reversal, with full rights and

 

benefits, to the position he or she would have had if he or she had

 

been continuously employed.

 

     (c) If any wages owed to the person were forfeited under

 

subsection (4), the public school, school district, intermediate

 

school district, or nonpublic school to which the wages were

 

forfeited shall repay the wages to the person.

 

     (7)  (6) Not later than 15 days after the date of the

 

conviction, the  If the prosecuting attorney in charge of a case  

 

in which a person who holds state board approval was convicted of a

 

crime described in subsection (1) or (2) and the court that

 

convicted the person  receives a form as provided under section

 

1230d, the prosecuting attorney shall notify the superintendent of

 

public instruction, and any public school, school district,

 

intermediate school district, or nonpublic school in which the

 

person is employed  , of that conviction, of the name and address

 

of the person convicted, and of  by forwarding a copy of the form

 

to each of them not later than 7 days after receiving the form. If

 

the court receives a form as provided under section 1230d, the

 

court shall notify the superintendent of public instruction and any

 

public school, school district, intermediate school district, or

 

nonpublic school in which the person is employed by forwarding to

 

each of them a copy of the form and information regarding the

 


sentence imposed on the person not later than 7 days after the date

 

of the sentencing, even if the court is maintaining the file as a

 

nonpublic record.  A prosecuting attorney in charge of a case in

 

which a person is convicted of a crime described in subsection (1)

 

or (2), and a court that convicts a person of a crime described in

 

subsection (1) or (2) shall inquire whether the person holds state

 

board approval. The superintendent of public instruction shall make

 

available to prosecuting attorneys and courts a list of school

 

occupations that commonly require state board approval.

 

     (8)  (7)  Not later than  5 working  7 days after receiving

 

notification  of a person's conviction  from the prosecuting

 

attorney or the court under subsection  (6)  (7) or learning

 

through an authoritative source that a person who holds state board

 

approval has been convicted of a crime listed in subsection (1),

 

the superintendent of public instruction shall request the court

 

that convicted the person  to provide a certified copy of the

 

judgment of conviction and sentence or other document regarding the

 

disposition of the case to the superintendent of public instruction

 

and shall pay any fees required by the court. The court shall

 

provide this certified copy within  5 working  7 days after

 

receiving the request and fees under this section or after entry of

 

the judgment or other document, whichever is later, even if the

 

court is maintaining the judgment or other document as a nonpublic

 

record.

 

     (9)  (8)  If the superintendent of a school district or

 

intermediate school district, the chief administrative officer of a

 

nonpublic school, the president of the board of a school district

 


or intermediate school district, or the president of the governing

 

board of a nonpublic school is notified  by a prosecuting attorney

 

or court  or learns through an authoritative source that a person

 

who holds state board approval and who is employed by the school

 

district, intermediate school district, or nonpublic school has

 

been convicted of a crime described in subsection (1) or (2), the

 

superintendent, chief administrative officer, or board president

 

shall notify the superintendent of public instruction of that

 

conviction within 15 days after learning of the conviction.

 

     (10)  (9)  For the purposes of this section, a certified copy

 

of the judgment of conviction and sentence is conclusive evidence

 

of conviction of a crime described in this section. For the

 

purposes of this section, conviction of a crime described in this

 

section is considered to be reasonably and adversely related to the

 

ability of the person to serve in an elementary or secondary school

 

and is sufficient grounds for suspension or revocation of the

 

person's state board approval.

 

     (11)  (10)  For any hearing under subsection (1), if the

 

superintendent of public instruction does not complete the hearing

 

procedures and make a final decision and order within 120 working

 

days after receiving the request for the hearing, as required under

 

subsection (1), the superintendent of public instruction shall

 

submit a report detailing the reasons for the delay to the standing

 

committees and appropriations subcommittees of the senate and house

 

of representatives that have jurisdiction over education and

 

education appropriations. The failure of the superintendent of

 

public instruction to complete the hearing procedures and make a

 


final decision and order within this 120 working day time limit, or

 

the failure of any other official or agency to meet a time limit

 

prescribed in this section, does not affect the validity of an

 

action taken under this section affecting a person's state board

 

approval.

 

     (12)  (11)  Beginning  3 months after the effective date of

 

the amendatory act that added this subsection  July 1, 2004, the

 

superintendent of public instruction shall submit to the

 

legislature a quarterly report of all final actions he or she has

 

taken under this section affecting a person's state board approval

 

during the preceding quarter. The report shall contain at least all

 

of the following with respect to each person whose state board

 

approval has been affected:

 

     (a) The person's name, as it appears on the state board

 

approval.

 

     (b) The school district, intermediate school district, public

 

school academy, or nonpublic school in which the person was

 

employed at the time of the conviction, if any.

 

     (c) The offense for which the person was convicted and the

 

date of the offense and date of the conviction.

 

     (d) Whether the action taken by the superintendent of public

 

instruction was a summary suspension, suspension due to failure to

 

request a hearing, suspension, revocation, or reinstatement of the

 

state board approval.

 

     (13)  (12)  Not later than  6 months after the effective date

 

of the amendatory act that added this subsection  October 1, 2004,

 

the superintendent of public instruction shall submit to the

 


legislature an inventory report with information on all final

 

actions taken under this section for the time period from June 23,

 

1992 until  the effective date of the amendatory act that added

 

this subsection  April 1, 2004. The report shall contain at least

 

all of the information required in the quarterly report under

 

subsection  (11)  (12) with respect to each person whose state

 

board approval was affected during that time period. If the

 

superintendent of public instruction determines that the

 

information required for the report is not available for any

 

portion of that time period, the superintendent of public

 

instruction shall include with the report a detailed explanation of

 

the information that is not available and the reasons why the

 

information is not available.

 

     (14)  (13)  This section does not do any of the following:

 

     (a) Prohibit a person who holds state board approval from

 

seeking monetary compensation from a school board or intermediate

 

school board if that right is available under a collective

 

bargaining agreement or another statute.

 

     (b) Limit the rights and powers granted to a school district

 

or intermediate school district under a collective bargaining

 

agreement, this act, or another statute to discipline or discharge

 

a person who holds state board approval.

 

     (c) Exempt a person who holds state board approval from the

 

operation of section 1535a if the person holds a certificate

 

subject to that section.

 

     (d) Limit the ability of a state licensing body to take action

 

against a person's license or registration for the same conviction.

 


     (15)  (14)  The superintendent of public instruction may

 

promulgate, as necessary, rules to implement this section pursuant

 

to the administrative procedures act of 1969, 1969 PA 306, MCL

 

24.201 to 24.328.

 

     (16) The department of information technology shall work with

 

the department and the department of state police to develop and

 

implement an automated program that does a monthly comparison of

 

the department's list of individuals holding a teaching certificate

 

or state board approval with the conviction information received by

 

the department of state police, including convictions contained in

 

a nonpublic record. After this automated program has been developed

 

and implemented, the department promptly shall notify the attorney

 

general and the state court administrative office that the

 

automated program has been developed and implemented.

 

     (17)  (15)  As used in this section:

 

     (a) "Conviction" means a judgment entered by a court upon a

 

plea of guilty, guilty but mentally ill, or nolo contendere or upon

 

a jury verdict or court finding that a defendant is guilty or

 

guilty but mentally ill.

 

     (b) "Listed offense" means that term as defined in section 2

 

of the sex offenders registration act, 1994 PA 295, MCL 28.722.

 

     (c)  (b)  "Prosecuting attorney" means the prosecuting

 

attorney for a county, an assistant prosecuting attorney for a

 

county, the attorney general, the deputy attorney general, an

 

assistant attorney general, a special prosecuting attorney, or, in

 

connection with the prosecution of an ordinance violation, an

 

attorney for the political subdivision that enacted the ordinance

 


upon which the violation is based.

 

     (d)  (c)  "State board approval" means a license, certificate,

 

approval not requiring a teaching certificate, or other evidence of

 

qualifications to hold a particular position in a school district

 

or intermediate school district or in a nonpublic school, other

 

than a teacher's certificate subject to section 1535a, that is

 

issued to a person by the state board or the superintendent of

 

public instruction under this act or a rule promulgated under this

 

act.

 

     Enacting section 1.  This amendatory act does not take effect

 

unless all of the following bills of the 93rd Legislature are

 

enacted into law:

 

     (a) Senate Bill No. 601.                                  

 

         

 

     (b) Senate Bill No. 609.                                   

 

         

 

     (c) Senate Bill No. 612.