SB-1398, As Passed Senate, December 14, 2006
September 5, 2006, 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 section 11a (MCL 380.11a), as amended by 2003 PA 299.
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 provided by law, may exercise a power incidental or
appropriate to the performance of a function related to operation
of the school district 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.
(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) 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 to carry
out school district powers. A school district may indemnify its
employees.
(e) Receiving, accounting for, investing, or expending school
district money; borrowing money and pledging school district funds
Senate Bill No. 1398 as amended December 12, 2006
for repayment; and qualifying for state school aid and other public
or private money from local, regional, state, or federal sources.
(4) A general powers school district may enter into agreements
or cooperative arrangements with other entities, public or private,
or join organizations as part of performing the functions of the
school district. An agreement or 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 of that
act, MCL 124.503. [
]
(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.
(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 shall continue in
effect until changed by action of the board.
(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 168.315.
(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.
(9) 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.
(10) 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 168.315.
(11) 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.
(12) 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.