Senate Introduced Bill B00004

SENATE BILL No. 4

January 10, 2001, Introduced by Senator JOHNSON and referred to the Committee on

Education.

A bill to amend 1976 PA 451, entitled

"The revised school code,"

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

380.1539a, and 380.1539b), as amended by 1995 PA 289, and by

adding section 1230c.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 SEC. 1230C. (1) SUBJECT TO SUBSECTION (2), IF A PERSON

2 EMPLOYED BY A SCHOOL DISTRICT, INTERMEDIATE SCHOOL DISTRICT,

3 PUBLIC SCHOOL ACADEMY, OR NONPUBLIC SCHOOL IS CONVICTED OF A

4 CRIME DESCRIBED IN SECTION 1535A(1), THE PROSECUTING ATTORNEY

5 HANDLING THE CASE SHALL NOTIFY THE SUPERINTENDENT OF PUBLIC

6 INSTRUCTION AND THE PERSON'S EMPLOYING SCHOOL DISTRICT, INTERME-

7 DIATE SCHOOL DISTRICT, PUBLIC SCHOOL ACADEMY, OR NONPUBLIC SCHOOL

8 OF THAT CONVICTION AND OF THE SENTENCE IMPOSED ON THE PERSON. A

9 PROSECUTING ATTORNEY HANDLING A CASE IN WHICH A PERSON IS

00516'01 TAV

1 CONVICTED OF A CRIME DESCRIBED IN THIS SECTION SHALL INQUIRE

2 WHETHER THE PERSON IS EMPLOYED BY A SCHOOL DISTRICT, INTERMEDIATE

3 SCHOOL DISTRICT, PUBLIC SCHOOL ACADEMY, OR NONPUBLIC SCHOOL. IF

4 THE PROSECUTION OF A CRIME DESCRIBED IN THIS SECTION WAS NOT

5 AUTHORIZED BY THE PROSECUTING ATTORNEY UNDER SECTION 1 OF CHAPTER

6 IV OF THE CODE OF CRIMINAL PROCEDURE, 1927 PA 175, MCL 764.1,

7 THEN THE COURT IN WHICH THE CONVICTION OCCURS SHALL FULFILL THE

8 DUTIES OF THE PROSECUTING ATTORNEY UNDER THIS SUBSECTION.

9 (2) THIS SECTION DOES NOT APPLY TO A PERSON WHO IS SUBJECT

10 TO SECTION 1535A, 1539A, OR 1539B. NOTIFICATION CONCERNING CON-

11 VICTIONS OF THOSE PERSONS SHALL OCCUR AS PROVIDED FOR IN THOSE

12 SECTIONS.

13 (3) AS USED IN THIS SECTION:

14 (A) "CONVICTION" MEANS A JUDGMENT ENTERED BY A COURT UPON A

15 PLEA OF GUILTY, GUILTY BUT MENTALLY ILL, OR NOLO CONTENDERE OR

16 UPON A JURY VERDICT OR COURT FINDING THAT A DEFENDANT IS GUILTY

17 OR GUILTY BUT MENTALLY ILL.

18 (B) "EMPLOYING SCHOOL DISTRICT, INTERMEDIATE SCHOOL DIS-

19 TRICT, PUBLIC SCHOOL ACADEMY, OR NONPUBLIC SCHOOL" MEANS THE GOV-

20 ERNING BOARD OF THE SCHOOL DISTRICT, INTERMEDIATE SCHOOL DIS-

21 TRICT, PUBLIC SCHOOL ACADEMY, OR NONPUBLIC SCHOOL BY WHICH THE

22 PERSON IS EMPLOYED OR FOR WHICH THE PERSON IS PROVIDING SERVICES

23 PURSUANT TO A CONTRACT.

24 (C) "PERSON EMPLOYED BY A SCHOOL DISTRICT, INTERMEDIATE

25 SCHOOL DISTRICT, PUBLIC SCHOOL ACADEMY, OR NONPUBLIC SCHOOL"

26 MEANS A PERSON EMPLOYED DIRECTLY BY THE GOVERNING BOARD OF A

27 SCHOOL DISTRICT, INTERMEDIATE SCHOOL DISTRICT, PUBLIC SCHOOL

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1 ACADEMY, OR NONPUBLIC SCHOOL OR A PERSON PROVIDING SERVICES FOR A

2 SCHOOL DISTRICT, INTERMEDIATE SCHOOL DISTRICT, PUBLIC SCHOOL

3 ACADEMY, OR NONPUBLIC SCHOOL PURSUANT TO A CONTRACT WITH ITS GOV-

4 ERNING BOARD.

5 (D) "PROSECUTING ATTORNEY" MEANS THE PROSECUTING ATTORNEY

6 FOR A COUNTY, AN ASSISTANT PROSECUTING ATTORNEY FOR A COUNTY, THE

7 ATTORNEY GENERAL, THE DEPUTY ATTORNEY GENERAL, AN ASSISTANT

8 ATTORNEY GENERAL, A SPECIAL PROSECUTING ATTORNEY, OR, IN CONNEC-

9 TION WITH THE PROSECUTION OF AN ORDINANCE VIOLATION, AN ATTORNEY

10 FOR THE POLITICAL SUBDIVISION THAT ENACTED THE ORDINANCE UPON

11 WHICH THE VIOLATION IS BASED.

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

13 holds a teaching certificate that is valid in this state is con-

14 victed of a crime described in this subsection, the ~~state board~~

15 SUPERINTENDENT OF PUBLIC INSTRUCTION shall notify the person in

16 writing that his or her teaching certificate may be suspended

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

18 before the ~~state board~~ SUPERINTENDENT OF PUBLIC INSTRUCTION.

19 If the person does not avail himself or herself of this right to

20 a hearing within 30 working days after receipt of this written

21 notification, the teaching certificate of that person shall be

22 suspended. If a hearing takes place, the ~~state board~~

23 SUPERINTENDENT OF PUBLIC INSTRUCTION may suspend the person's

24 teaching certificate based upon the issues and evidence presented

25 at the hearing. This subsection applies to any of the following

26 crimes:

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1 (a) Any felony.

2 (b) Any of the following misdemeanors:

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

4 attempt to commit criminal sexual conduct in the fourth degree.

5 (ii) Child abuse in the third or fourth degree, or an

6 attempt to commit child abuse in the third or fourth degree, OR

7 DOMESTIC VIOLENCE INVOLVING A CHILD.

8 (iii) A misdemeanor involving ~~cruelty,~~ ANY OF THE

9 FOLLOWING:

10 (A) CRUELTY OR torture ~~, or indecent exposure~~ involving a

11 child.

12 (B) INDECENT EXPOSURE OR OTHER LEWD BEHAVIOR.

13 (C) USE OR POSSESSION OF MARIHUANA OR ANOTHER CONTROLLED

14 SUBSTANCE.

15 (D) OPERATING A VEHICLE UNDER THE INFLUENCE OF, OR IMPAIRED

16 BY, A CONTROLLED SUBSTANCE.

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

18 health code, ~~Act No. 368 of the Public Acts of 1978, being sec-~~

19 ~~tion 333.7410 of the Michigan Compiled Laws~~ 1978 PA 368,

20 MCL 333.7410.

21 (v) A violation of section 115, 141a, 145a, or 167(1)(B),

22 167(1)(C), 167(1)(I), 359 OR 448 of the Michigan penal code, ~~Act~~

23 ~~No. 328 of the Public Acts of 1931, being sections 750.115,~~

24 ~~750.141a, 750.145a, and 750.359 of the Michigan Compiled Laws~~

25 1931 PA 328, MCL 750.115, 750.141A, 750.145A, 750.167, 750.359,

26 AND 750.448, or a misdemeanor violation of section 81, 81a, or

27 145c of ~~Act No. 328 of the Public Acts of 1931, being~~

00516'01

1 ~~sections 750.81, 750.81a, and 750.145c of the Michigan Compiled~~

2 ~~Laws~~ THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.81, 750.81A,

3 AND 750.145C.

4 (vi) A misdemeanor violation of section ~~33 of the Michigan~~

5 ~~liquor control act, Act No. 8 of the Public Acts of the Extra~~

6 ~~Session of 1933, being section 436.33 of the Michigan Compiled~~

7 ~~Laws~~ 701 OF THE MICHIGAN LIQUOR CONTROL CODE OF 1998, 1998

8 PA 58, MCL 436.1701.

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

10 valid in this state is convicted of a crime described in this

11 subsection, the ~~state board~~ SUPERINTENDENT OF PUBLIC

12 INSTRUCTION shall find that the public health, safety, or welfare

13 requires emergency action and shall order summary suspension of

14 the person's teaching certificate under section 92 of the admin-

15 istrative procedures act of 1969, ~~Act No. 306 of the Public Acts~~

16 ~~of 1969, being section 24.292 of the Michigan Compiled Laws~~ 1969

17 PA 306, MCL 24.292. However, if a person convicted of a crime

18 described in this subsection is incarcerated in ~~a state correc-~~

19 ~~tional facility~~ SECURE CONFINEMENT, the ~~state board~~

20 SUPERINTENDENT OF PUBLIC INSTRUCTION may delay ordering the sum-

21 mary suspension until not later than 10 work days after the

22 person is released from secure confinement. This subsection does

23 not limit the ~~state board's~~ SUPERINTENDENT OF PUBLIC

24 INSTRUCTION'S ability to order summary suspension of a person's

25 teaching certificate for a reason other than described in this

26 subsection. This subsection applies to conviction of any of the

27 following crimes:

00516'01

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

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

3 criminal sexual conduct in any degree.

4 (b) Felonious assault on a child, child abuse in any degree,

5 or an attempt to commit child abuse in any degree.

6 (c) Cruelty, torture, or indecent exposure involving a

7 child.

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

9 7410, or 7416 of the public health code, ~~Act No. 368 of the~~

10 ~~Public Acts of 1978, being sections 333.7401, 333.7403, 333.7410,~~

11 ~~and 333.7416 of the Michigan Compiled Laws~~ 1978 PA 368,

12 MCL 333.7401, 333.7403, 333.7410, AND 333.7416.

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

14 the Michigan penal code, ~~Act No. 328 of the Public Acts of 1931,~~

15 ~~being sections 750.83, 750.89, 750.91, 750.316, 750.317, and~~

16 ~~750.529 of the Michigan Compiled Laws~~ 1931 PA 328, MCL 750.83,

17 750.89, 750.91, 750.316, 750.317, AND 750.529.

18 (3) After the completion of a person's sentence, the person

19 may request a hearing before the ~~state board~~ SUPERINTENDENT OF

20 PUBLIC INSTRUCTION on reinstatement of his or her teaching

21 certificate. Based upon the issues and evidence presented at the

22 hearing, the ~~state board~~ SUPERINTENDENT OF PUBLIC INSTRUCTION

23 may reinstate, continue the suspension of, or permanently revoke

24 the person's teaching certificate.

25 (4) All of the following apply to a person described in this

26 section whose conviction is reversed upon final appeal:

00516'01

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

2 upon his or her notification to the ~~state board~~ SUPERINTENDENT

3 OF PUBLIC INSTRUCTION of the reversal.

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

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

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

7 notification to the appropriate local or intermediate school

8 board of the reversal, with full rights and benefits, to the

9 position he or she would have had if he or she had been continu-

10 ously employed.

11 (5) The prosecuting attorney ~~of the county~~ HANDLING A CASE

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

13 of a crime described in subsection (1) shall notify the ~~state~~

14 ~~board~~ SUPERINTENDENT OF PUBLIC INSTRUCTION, and any public

15 school, school district, intermediate school district, or nonpub-

16 lic school in which the person is employed, of that conviction

17 and of the sentence imposed on the person. ~~The~~ A prosecuting

18 attorney ~~of each county shall inquire of each person convicted~~

19 ~~in the county~~ HANDLING A CASE IN WHICH A PERSON IS CONVICTED of

20 a crime described in subsection (1) SHALL INQUIRE whether the

21 person holds a teaching certificate. IF THE PROSECUTION OF A

22 CRIME DESCRIBED IN SUBSECTION (1) WAS NOT AUTHORIZED BY THE PROS-

23 ECUTING ATTORNEY UNDER SECTION 1 OF CHAPTER IV OF THE CODE OF

24 CRIMINAL PROCEDURE, 1927 PA 175, MCL 764.1, THEN THE COURT IN

25 WHICH THE CONVICTION OCCURS SHALL FULFILL THE DUTIES OF THE PROS-

26 ECUTING ATTORNEY UNDER THIS SUBSECTION.

00516'01

1 (6) If the superintendent of a school district or

2 intermediate school district, the chief administrative officer of

3 a nonpublic school, the president of the board of a school dis-

4 trict or intermediate school district, or the president of the

5 governing board of a nonpublic school is notified by a prosecut-

6 ing attorney or learns through an authoritative source that a

7 person who holds a teaching certificate and who is employed at

8 the time by the school district, intermediate school district, or

9 nonpublic school has been convicted of a crime described in sub-

10 section (1), the superintendent, chief administrative officer, or

11 board president shall notify the ~~state board~~ SUPERINTENDENT OF

12 PUBLIC INSTRUCTION of that conviction.

13 (7) If a person convicted of a crime described in subsection

14 (2) is incarcerated in ~~a state correctional facility~~ SECURE

15 CONFINEMENT and the ~~state board~~ SUPERINTENDENT OF PUBLIC

16 INSTRUCTION delays summary suspension as described in subsection

17 (2), the ~~state board~~ SUPERINTENDENT OF PUBLIC INSTRUCTION shall

18 contact the ~~department of corrections~~ CORRECTIONAL AGENCY and

19 request to be notified before the person is released from secure

20 confinement. Upon receipt of that request, the ~~department of~~

21 ~~corrections~~ CORRECTIONAL AGENCY shall notify the ~~state board~~

22 SUPERINTENDENT OF PUBLIC INSTRUCTION at least 30 work days before

23 the person is released from secure confinement.

24 (8) For the purposes of this section, a certified copy of

25 the court record is conclusive evidence of conviction of a crime

26 described in this section. For the purposes of this section,

27 conviction of a crime described in this ~~subsection~~ SECTION is

00516'01

1 considered to be reasonably and adversely related to the ability

2 of the person to serve in an elementary or secondary school and

3 is sufficient grounds for suspension or revocation of the

4 person's teaching certificate.

5 (9) This section does not do any of the following:

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

7 seeking monetary compensation from a school board or intermediate

8 school board if that right is available under a collective bar-

9 gaining agreement or another statute.

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

11 or intermediate school district under a collective bargaining

12 agreement, this act, or another statute to discipline or dis-

13 charge a person who holds a teaching certificate.

14 (c) Exempt a person who holds a teaching certificate from

15 the operation of section 1539a if the person also holds a school

16 administrator's certificate.

17 (10) The ~~state board~~ SUPERINTENDENT OF PUBLIC INSTRUCTION

18 may promulgate, as necessary, rules to implement this section

19 pursuant to the administrative procedures act of 1969, ~~Act~~

20 ~~No. 306 of the Public Acts of 1969, being sections 24.201 to~~

21 ~~24.328 of the Michigan Compiled Laws~~ 1969 PA 306, MCL 24.201 TO

22 24.328.

23 (11) As used in this section:

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

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

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

27 or guilty but mentally ill.

00516'01

1 (b) ~~"State correctional facility" means a correctional~~

2 ~~facility under the jurisdiction of the department of~~

3 ~~corrections.~~ "CORRECTIONAL AGENCY" MEANS THE CITY, COUNTY,

4 STATE, OR FEDERAL AGENCY RESPONSIBLE FOR PROVIDING THE SECURE

5 CONFINEMENT.

6 (C) "PROSECUTING ATTORNEY" MEANS THE PROSECUTING ATTORNEY

7 FOR A COUNTY, AN ASSISTANT PROSECUTING ATTORNEY FOR A COUNTY, THE

8 ATTORNEY GENERAL, THE DEPUTY ATTORNEY GENERAL, AN ASSISTANT

9 ATTORNEY GENERAL, A SPECIAL PROSECUTING ATTORNEY, OR, IN CONNEC-

10 TION WITH THE PROSECUTION OF AN ORDINANCE VIOLATION, AN ATTORNEY

11 FOR THE POLITICAL SUBDIVISION THAT ENACTED THE ORDINANCE UPON

12 WHICH THE VIOLATION IS BASED.

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

14 holds a school administrator's certificate that is valid in this

15 state is convicted of a crime described in this subsection, the

16 ~~state board~~ SUPERINTENDENT OF PUBLIC INSTRUCTION shall notify

17 the person in writing that his or her school administrator's cer-

18 tificate may be suspended because of the conviction and of his or

19 her right to a hearing before the ~~state board~~ SUPERINTENDENT OF

20 PUBLIC INSTRUCTION. If the person does not avail himself or her-

21 self of this right to a hearing within 30 working days after

22 receipt of this written notification, the school administrator's

23 certificate of that person shall be suspended. If a hearing

24 takes place, the ~~state board~~ SUPERINTENDENT OF PUBLIC

25 INSTRUCTION may suspend the person's school administrator's cer-

26 tificate based upon the issues and evidence presented at the

00516'01

1 hearing. This subsection applies to any of the following

2 crimes:

3 (a) Any felony.

4 (b) Any of the following misdemeanors:

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

6 attempt to commit criminal sexual conduct in the fourth degree.

7 (ii) Child abuse in the third or fourth degree, or an

8 attempt to commit child abuse in the third or fourth degree, OR

9 DOMESTIC VIOLENCE INVOLVING A CHILD.

10 (iii) A misdemeanor involving ~~cruelty,~~ ANY OF THE

11 FOLLOWING:

12 (A) CRUELTY OR torture ~~, or indecent exposure~~ involving a

13 child.

14 (B) INDECENT EXPOSURE OR OTHER LEWD BEHAVIOR.

15 (C) USE OR POSSESSION OF MARIHUANA OR ANOTHER CONTROLLED

16 SUBSTANCE.

17 (D) OPERATING A VEHICLE UNDER THE INFLUENCE OF, OR IMPAIRED

18 BY, A CONTROLLED SUBSTANCE.

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

20 health code, ~~Act No. 368 of the Public Acts of 1978, being sec-~~

21 ~~tion 333.7410 of the Michigan Compiled Laws~~ 1978 PA 368,

22 MCL 333.7410.

23 (v) A violation of section 115, 141a, 145a, or 167(1)(B),

24 167(1)(C), 167(1)(I), 359, OR 448 of the Michigan penal code,

25 ~~Act No. 328 of the Public Acts of 1931, being sections 750.115,~~

26 ~~750.141a, 750.145a, and 750.359 of the Michigan Compiled Laws~~

27 1931 PA 328, MCL 750.115, 750.141A, 750.145A, 750.167, 750.359,

00516'01

1 AND 750.448, or a misdemeanor violation of section 81, 81a, or

2 145c of ~~Act No. 328 of the Public Acts of 1931, being~~

3 ~~sections 750.81, 750.81a, and 750.145c of the Michigan Compiled~~

4 ~~Laws~~ THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.81, 750.81A,

5 AND 750.145C.

6 (vi) A misdemeanor violation of section ~~33 of the Michigan~~

7 ~~liquor control act, Act No. 8 of the Public Acts of the Extra~~

8 ~~Session of 1933, being section 436.33 of the Michigan Compiled~~

9 ~~Laws~~ 701 OF THE MICHIGAN LIQUOR CONTROL CODE OF 1998, 1998

10 PA 58, MCL 436.1701.

11 (2) If a person who holds a school administrator's certifi-

12 cate that is valid in this state is convicted of a crime

13 described in this subsection, the ~~state board~~ SUPERINTENDENT OF

14 PUBLIC INSTRUCTION shall find that the public health, safety, or

15 welfare requires emergency action and shall order summary suspen-

16 sion of the person's school administrator's certificate under

17 section 92 of the administrative procedures act of 1969, ~~Act~~

18 ~~No. 306 of the Public Acts of 1969, being section 24.292 of the~~

19 ~~Michigan Compiled Laws~~ 1969 PA 306, MCL 24.292. However, if a

20 person convicted of a crime described in this subsection is

21 incarcerated in ~~a state correctional facility~~ SECURE

22 CONFINEMENT, the ~~state board~~ SUPERINTENDENT OF PUBLIC

23 INSTRUCTION may delay ordering the summary suspension until not

24 later than 10 work days after the person is released from secure

25 confinement. This subsection does not limit the ~~state board's~~

26 SUPERINTENDENT OF PUBLIC INSTRUCTION'S ability to order summary

27 suspension of a person's school administrator's certificate for a

00516'01

1 reason other than described in this subsection. This subsection

2 applies to conviction of any of the following crimes:

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

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

5 criminal sexual conduct in any degree.

6 (b) Felonious assault on a child, child abuse in any degree,

7 or an attempt to commit child abuse in any degree.

8 (c) Cruelty, torture, or indecent exposure involving a

9 child.

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

11 7410, or 7416 of the public health code, ~~Act No. 368 of the~~

12 ~~Public Acts of 1978, being sections 333.7401, 333.7403, 333.7410,~~

13 ~~and 333.7416 of the Michigan Compiled Laws~~ 1978 PA 368,

14 MCL 333.7401, 333.7403, 333.7410, AND 333.7416.

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

16 the Michigan penal code, ~~Act No. 328 of the Public Acts of 1931,~~

17 ~~being sections 750.83, 750.89, 750.91, 750.316, 750.317, and~~

18 ~~750.529 of the Michigan Compiled Laws~~ 1931 PA 328, MCL 750.83,

19 750.89, 750.91, 750.316, 750.317, AND 750.529.

20 (3) After the completion of the person's sentence, the

21 person may request a hearing before the ~~state board~~

22 SUPERINTENDENT OF PUBLIC INSTRUCTION on reinstatement of his or

23 her school administrator's certificate. Based upon the issues

24 and evidence presented at the hearing, the ~~state board~~

25 SUPERINTENDENT OF PUBLIC INSTRUCTION may reinstate, continue the

26 suspension of, or permanently revoke the person's school

27 administrator's certificate.

00516'01

1 (4) All of the following apply to a person described in this

2 section whose conviction is reversed upon final appeal:

3 (a) The person's school administrator's certificate shall be

4 reinstated upon his or her notification to the ~~state board~~

5 SUPERINTENDENT OF PUBLIC INSTRUCTION of the reversal.

6 (b) If the suspension of the person's school administrator's

7 certificate under this section was the sole cause of his or her

8 discharge from employment, the person shall be reinstated, upon

9 his or her notification to the appropriate local or intermediate

10 school board of the reversal, with full rights and benefits, to

11 the position he or she would have had if he or she had been con-

12 tinuously employed.

13 (5) The prosecuting attorney ~~of the county~~ HANDLING A CASE

14 in which a person who holds a school administrator's certificate

15 was convicted of a crime described in subsection (1) shall notify

16 the ~~state board~~ SUPERINTENDENT OF PUBLIC INSTRUCTION, and any

17 public school, school district, intermediate school district, or

18 nonpublic school in which the person is employed, of that convic-

19 tion and of the sentence imposed on the person. ~~The~~ A prose-

20 cuting attorney ~~of each county shall inquire of each person con-~~

21 ~~victed in the county~~ HANDLING A CASE IN WHICH A PERSON IS

22 CONVICTED of a crime described in subsection (1) SHALL INQUIRE

23 whether the person holds a school administrator's certificate.

24 IF THE PROSECUTION OF A CRIME DESCRIBED IN SUBSECTION (1) WAS NOT

25 AUTHORIZED BY THE PROSECUTING ATTORNEY UNDER SECTION 1 OF CHAPTER

26 IV OF THE CODE OF CRIMINAL PROCEDURE, 1927 PA 175, MCL 764.1,

00516'01

1 THEN THE COURT IN WHICH THE CONVICTION OCCURS SHALL FULFILL THE

2 DUTIES OF THE PROSECUTING ATTORNEY UNDER THIS SUBSECTION.

3 (6) If the superintendent of a school district or intermedi-

4 ate school district, the chief administrative officer of a non-

5 public school, the president of the board of a school district or

6 intermediate school district, or the president of the governing

7 board of a nonpublic school is notified by a prosecuting attorney

8 or learns through an authoritative source that a person who holds

9 a school administrator's certificate and who is employed at the

10 time by the school district, intermediate school district, or

11 nonpublic school has been convicted of a crime described in sub-

12 section (1), the superintendent, chief administrative officer, or

13 board president shall notify the ~~state board~~ SUPERINTENDENT OF

14 PUBLIC INSTRUCTION of that conviction.

15 (7) If a person convicted of a crime described in subsection

16 (2) is incarcerated in ~~a state correctional facility~~ SECURE

17 CONFINEMENT and the ~~state board~~ SUPERINTENDENT OF PUBLIC

18 INSTRUCTION delays summary suspension as described in subsection

19 (2), the ~~state board~~ SUPERINTENDENT OF PUBLIC INSTRUCTION shall

20 contact the ~~department of corrections~~ CORRECTIONAL AGENCY and

21 request to be notified before the person is released from secure

22 confinement. Upon receipt of that request, the ~~department of~~

23 ~~corrections~~ CORRECTIONAL AGENCY shall notify the ~~state board~~

24 SUPERINTENDENT OF PUBLIC INSTRUCTION at least 30 work days before

25 the person is released from secure confinement.

26 (8) For the purposes of this section, a certified copy of

27 the court record is conclusive evidence of conviction of a crime

00516'01

1 described in this section. For the purposes of this section,

2 conviction of a crime described in this ~~subsection~~ SECTION is

3 considered to be reasonably and adversely related to the ability

4 of the person to serve in an elementary or secondary school and

5 is sufficient grounds for suspension or revocation of the

6 person's school administrator's certificate.

7 (9) This section does not do any of the following:

8 (a) Prohibit a person who holds a school administrator's

9 certificate from seeking monetary compensation from a school

10 board or intermediate school board if that right is available

11 under a collective bargaining agreement or another statute.

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

13 or intermediate school district under a collective bargaining

14 agreement, this act, or another statute to discipline or dis-

15 charge a person who holds a school administrator's certificate.

16 (c) Exempt a person who holds a school administrator's cer-

17 tificate from the operation of section 1535a.

18 (10) The ~~state board~~ SUPERINTENDENT OF PUBLIC INSTRUCTION

19 may promulgate, as necessary, rules to implement this section

20 pursuant to the administrative procedures act of 1969, ~~Act~~

21 ~~No. 306 of the Public Acts of 1969, being sections 24.201 to~~

22 ~~24.328 of the Michigan Compiled Laws~~ 1969 PA 306, MCL 24.201 TO

23 24.328.

24 (11) As used in this section:

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

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

00516'01

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

2 or guilty but mentally ill.

3 (b) ~~"State correctional facility" means a correctional~~

4 ~~facility under the jurisdiction of the department of~~

5 ~~corrections.~~ "CORRECTIONAL AGENCY" MEANS THE CITY, COUNTY,

6 STATE, OR FEDERAL AGENCY RESPONSIBLE FOR PROVIDING THE SECURE

7 CONFINEMENT.

8 (C) "PROSECUTING ATTORNEY" MEANS THE PROSECUTING ATTORNEY

9 FOR A COUNTY, AN ASSISTANT PROSECUTING ATTORNEY FOR A COUNTY, THE

10 ATTORNEY GENERAL, THE DEPUTY ATTORNEY GENERAL, AN ASSISTANT

11 ATTORNEY GENERAL, A SPECIAL PROSECUTING ATTORNEY, OR, IN CONNEC-

12 TION WITH THE PROSECUTION OF AN ORDINANCE VIOLATION, AN ATTORNEY

13 FOR THE POLITICAL SUBDIVISION THAT ENACTED THE ORDINANCE UPON

14 WHICH THE VIOLATION IS BASED.

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

16 holds state ~~board~~ approval is convicted of a crime described in

17 this subsection, the ~~state board~~ SUPERINTENDENT OF PUBLIC

18 INSTRUCTION shall notify the person in writing that his or her

19 state ~~board~~ approval may be suspended because of the conviction

20 and of his or her right to a hearing before the ~~state board~~

21 SUPERINTENDENT OF PUBLIC INSTRUCTION. If the person does not

22 avail himself or herself of this right to a hearing within 30

23 working days after receipt of this written notification, the

24 person's state ~~board~~ approval shall be suspended. If a hearing

25 takes place, the ~~state board~~ SUPERINTENDENT OF PUBLIC

26 INSTRUCTION may suspend the person's state ~~board~~ approval,

00516'01

1 based upon the issues and evidence presented at the hearing.

2 This subsection applies to any of the following crimes:

3 (a) Any felony.

4 (b) Any of the following misdemeanors:

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

6 attempt to commit criminal sexual conduct in the fourth degree.

7 (ii) Child abuse in the third or fourth degree, or an

8 attempt to commit child abuse in the third or fourth degree, OR

9 DOMESTIC VIOLENCE INVOLVING A CHILD.

10 (iii) A misdemeanor involving ~~cruelty,~~ ANY OF THE

11 FOLLOWING:

12 (A) CRUELTY OR torture ~~, or indecent exposure~~ involving a

13 child.

14 (B) INDECENT EXPOSURE OR OTHER LEWD BEHAVIOR.

15 (C) USE OR POSSESSION OF MARIHUANA OR ANOTHER CONTROLLED

16 SUBSTANCE.

17 (D) OPERATING A VEHICLE UNDER THE INFLUENCE OF, OR IMPAIRED

18 BY, A CONTROLLED SUBSTANCE.

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

20 health code, ~~Act No. 368 of the Public Acts of 1978, being sec-~~

21 ~~tion 333.7410 of the Michigan Compiled Laws~~ 1978 PA 368,

22 MCL 333.7410.

23 (v) A violation of section 115, 141a, 145a, or 167(1)(B),

24 167(1)(C), 167(1)(I), 359, OR 448 of the Michigan penal code,

25 ~~Act No. 328 of the Public Acts of 1931, being sections 750.115,~~

26 ~~750.141a, 750.145a, and 750.359 of the Michigan Compiled Laws~~

27 1931 PA 328, MCL 750.115, 750.141A, 750.145A, 750.167, 750.359,

00516'01

1 AND 750.448, or a misdemeanor violation of section 81, 81a, or

2 145c of ~~Act No. 328 of the Public Acts of 1931, being~~

3 ~~sections 750.81, 750.81a, and 750.145c of the Michigan Compiled~~

4 ~~Laws~~ THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.81, 750.81A,

5 AND 750.145C.

6 (vi) A misdemeanor violation of section ~~33 of the Michigan~~

7 ~~liquor control act, Act No. 8 of the Public Acts of the Extra~~

8 ~~Session of 1933, being section 436.33 of the Michigan Compiled~~

9 ~~Laws~~ 701 OF THE MICHIGAN LIQUOR CONTROL CODE OF 1998, 1998

10 PA 58, MCL 436.1701.

11 (2) If a person who holds state ~~board~~ approval is con-

12 victed of a crime described in this subsection, the ~~state board~~

13 SUPERINTENDENT OF PUBLIC INSTRUCTION shall find that the public

14 health, safety, or welfare requires emergency action and shall

15 order summary suspension of the person's state ~~board~~ approval

16 under section 92 of the administrative procedures act of 1969,

17 ~~Act No. 306 of the Public Acts of 1969, being section 24.292 of~~

18 ~~the Michigan Compiled Laws~~ 1969 PA 306, MCL 24.292. However, if

19 a person convicted of a crime described in this subsection is

20 incarcerated in ~~a state correctional facility~~ SECURE

21 CONFINEMENT, the ~~state board~~ SUPERINTENDENT OF PUBLIC

22 INSTRUCTION may delay ordering the summary suspension until not

23 later than 10 work days after the person is released from secure

24 confinement. This subsection does not limit the ~~state board's~~

25 SUPERINTENDENT OF PUBLIC INSTRUCTION'S ability to order summary

26 suspension of a person's state ~~board~~ approval for a reason

00516'01

1 other than described in this subsection. This subsection applies

2 to conviction of any of the following crimes:

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

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

5 criminal sexual conduct in any degree.

6 (b) Felonious assault on a child, child abuse in any degree,

7 or an attempt to commit child abuse in any degree.

8 (c) Cruelty, torture, or indecent exposure involving a

9 child.

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

11 7410, or 7416 of the public health code, ~~Act No. 368 of the~~

12 ~~Public Acts of 1978, being sections 333.7401, 333.7403, 333.7410,~~

13 ~~and 333.7416 of the Michigan Compiled Laws~~ 1978 PA 368,

14 MCL 333.7401, 333.7403, 333.7410, AND 333.7416.

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

16 the Michigan penal code, ~~Act No. 328 of the Public Acts of 1931,~~

17 ~~being sections 750.83, 750.89, 750.91, 750.316, 750.317, and~~

18 ~~750.529 of the Michigan Compiled Laws~~ 1931 PA 328, MCL 750.83,

19 750.89, 750.91, 750.316, 750.317, AND 750.529.

20 (3) After the completion of the person's sentence, the

21 person may request a hearing before the ~~state board~~

22 SUPERINTENDENT OF PUBLIC INSTRUCTION on reinstatement of his or

23 her state ~~board~~ approval. Based upon the issues and evidence

24 presented at the hearing, the ~~state board~~ SUPERINTENDENT OF

25 PUBLIC INSTRUCTION may reinstate, continue the suspension of, or

26 permanently revoke the person's state ~~board~~ approval.

00516'01

1 (4) All of the following apply to a person described in this

2 section whose conviction is reversed upon final appeal:

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

4 upon his or her notification to the ~~state board~~ SUPERINTENDENT

5 OF PUBLIC INSTRUCTION of the reversal.

6 (b) If the suspension of the state ~~board~~ approval was the

7 sole cause of his or her discharge from employment, the person

8 shall be reinstated upon his or her notification to the appropri-

9 ate local or intermediate school board of the reversal, with full

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

11 he or she had been continuously employed.

12 (5) The prosecuting attorney ~~of the county~~ HANDLING A CASE

13 in which a person who holds state ~~board~~ approval was convicted

14 of a crime described in subsection (1) shall notify the ~~state~~

15 ~~board~~ SUPERINTENDENT OF PUBLIC INSTRUCTION, and any public

16 school, school district, intermediate school district, or nonpub-

17 lic school in which the person is employed, of that conviction

18 and of the sentence imposed on the person. ~~The~~ A prosecuting

19 attorney ~~of each county shall inquire of each person convicted~~

20 ~~in the county~~ HANDLING A CASE IN WHICH A PERSON IS CONVICTED of

21 a crime described in subsection (1) SHALL INQUIRE whether the

22 person holds state ~~board~~ approval. IF THE PROSECUTION OF A

23 CRIME DESCRIBED IN SUBSECTION (1) WAS NOT AUTHORIZED BY THE PROS-

24 ECUTING ATTORNEY UNDER SECTION 1 OF CHAPTER IV OF THE CODE OF

25 CRIMINAL PROCEDURE, 1927 PA 175, MCL 764.1, THEN THE COURT IN

26 WHICH THE CONVICTION OCCURS SHALL FULFILL THE DUTIES OF THE

27 PROSECUTING ATTORNEY UNDER THIS SUBSECTION. The ~~state board~~

00516'01

1 SUPERINTENDENT OF PUBLIC INSTRUCTION shall make available to

2 prosecuting attorneys AND COURTS a list of school occupations

3 that commonly require state ~~board~~ approval.

4 (6) If the superintendent of a school district or intermedi-

5 ate school district, the chief administrative officer of a non-

6 public school, the president of the board of a school district or

7 intermediate school district, or the president of the governing

8 board of a nonpublic school is notified by a prosecuting attorney

9 or learns through an authoritative source that a person who holds

10 state ~~board~~ approval and who is employed at the time by the

11 school district, intermediate school district, or nonpublic

12 school has been convicted of a crime described in subsection (1),

13 the superintendent, chief administrative officer, or board presi-

14 dent shall notify the ~~state board~~ SUPERINTENDENT OF PUBLIC

15 INSTRUCTION of that conviction.

16 (7) If a person convicted of a crime described in subsection

17 (2) is incarcerated in ~~a state correctional facility~~ SECURE

18 CONFINEMENT and the ~~state board~~ SUPERINTENDENT OF PUBLIC

19 INSTRUCTION delays summary suspension as described in subsection

20 (2), the ~~state board~~ SUPERINTENDENT OF PUBLIC INSTRUCTION shall

21 contact the ~~department of corrections~~ CORRECTIONAL AGENCY and

22 request to be notified before the person is released from secure

23 confinement. Upon receipt of that request, the ~~department of~~

24 ~~corrections~~ CORRECTIONAL AGENCY shall notify the ~~state board~~

25 SUPERINTENDENT OF PUBLIC INSTRUCTION at least 30 work days before

26 the person is released from secure confinement.

00516'01

1 (8) For the purposes of this section, a certified copy of

2 the court record is conclusive evidence of conviction of a crime

3 described in this section. For the purposes of this section,

4 conviction of a crime described in this ~~subsection~~ SECTION is

5 considered to be reasonably and adversely related to the ability

6 of the person to serve in an elementary or secondary school and

7 is sufficient grounds for suspension or revocation of the

8 person's state ~~board~~ approval.

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

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

11 seeking monetary compensation from a school board or intermediate

12 school board if that right is available under a collective bar-

13 gaining agreement or another statute.

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

15 or intermediate school district under a collective bargaining

16 agreement, this act, or another statute to discipline or dis-

17 charge a person who holds state ~~board~~ approval.

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

19 the operation of section 1535a or 1539a, or both, if the person

20 holds a certificate subject to 1 or both of those sections.

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

22 action against a person's license or registration for the same

23 conviction.

24 (10) The ~~state board~~ SUPERINTENDENT OF PUBLIC INSTRUCTION

25 may promulgate, as necessary, rules to implement this section

26 pursuant to the administrative procedures act of 1969, ~~Act~~

27 ~~No. 306 of the Public Acts of 1969, being sections 24.201 to~~

00516'01

1 ~~24.328 of the Michigan Compiled Laws~~ 1969 PA 306, MCL 24.201 TO

2 24.328.

3 (11) As used in this section:

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

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

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

7 or guilty but mentally ill.

8 (B) "CORRECTIONAL AGENCY" MEANS THE CITY, COUNTY, STATE, OR

9 FEDERAL AGENCY RESPONSIBLE FOR PROVIDING THE SECURE CONFINEMENT.

10 (C) "PROSECUTING ATTORNEY" MEANS THE PROSECUTING ATTORNEY

11 FOR A COUNTY, AN ASSISTANT PROSECUTING ATTORNEY FOR A COUNTY, THE

12 ATTORNEY GENERAL, THE DEPUTY ATTORNEY GENERAL, AN ASSISTANT

13 ATTORNEY GENERAL, A SPECIAL PROSECUTING ATTORNEY, OR, IN CONNEC-

14 TION WITH THE PROSECUTION OF AN ORDINANCE VIOLATION, AN ATTORNEY

15 FOR THE POLITICAL SUBDIVISION THAT ENACTED THE ORDINANCE UPON

16 WHICH THE VIOLATION IS BASED.

17 (D) ~~(b)~~ "State ~~board~~ approval" means a license, certifi-

18 cate, endorsement, permit, approval, or other evidence of quali-

19 fications to hold a particular position in a school district or

20 intermediate school district or in a nonpublic school, other than

21 a teacher's certificate subject to section 1535a or a school

22 administrator's certificate subject to section 1539a, that is

23 issued to a person by the state board OR THE SUPERINTENDENT OF

24 PUBLIC INSTRUCTION under this act or a rule promulgated under

25 this act.

00516'01

1 ~~(c) "State correctional facility" means a correctional~~

2 ~~facility under the jurisdiction of the department of~~

3 ~~corrections.~~

00516'01 Final page. TAV