SB-1398, As Passed Senate, December 14, 2006

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 1398

 

 

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. [                                             

 

 

                                                                                                                                                                                                                                                          

 

 

 

 

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     (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.