HB-4929, As Passed House, June 29, 2005

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4929

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1937 (Ex Sess) PA 4, entitled

 

"An act relative to continuing tenure of office of certificated

teachers in public educational institutions; to provide for

probationary periods; to regulate discharges or demotions; to

provide for resignations and leaves of absence; to create a state

tenure commission and to prescribe the powers and duties thereof;

and to prescribe penalties for violation of the provisions of this

act,"

 

by amending section 1 of article IV (MCL 38.101), as amended by

 

1993 PA 60, and by adding section 1a to article IV.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

ARTICLE IV

 

     Sec. 1.  Discharge  Except as otherwise provided in section 1a

 

of this article, discharge or demotion of a teacher on continuing

 

tenure may be made only for reasonable and just cause and only as

 

provided in this act. This act does not prevent any controlling

 


board from establishing a reasonable policy for retirement to apply

 

equally to all teachers who are eligible for retirement under the

 

public school employees retirement act of 1979,  Act No. 300 of the

 

Public Acts of 1980, being sections 38.1301 to 38.1408 of the

 

Michigan Compiled Laws  1980 PA 300, MCL 38.1301 to 38.1408, or,

 

having established a reasonable retirement age policy, from

 

temporarily continuing on a year-to-year basis on criteria equally

 

applied to all teachers the contract of any teacher whom the

 

controlling board might wish to retain beyond the established

 

retirement age for the benefit of the school system.

 

     Sec. 1a. The rights of a teacher on continuing tenure under

 

this article are subject to sections 1230d and 1535a of the revised

 

school code, 1976 PA 451, MCL 380.1230d and 380.1535a. To the

 

extent that any provision of this article is inconsistent with

 

those sections of law, this article does not apply to the teacher.

 

     Enacting section 1. This amendatory act takes effect October

 

15, 2005.

 

     Enacting section 2. This amendatory act does not take effect

 

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

 

enacted into law:

 

     (a) House Bill No. 4402.

 

     (b) House Bill No. 4928.

 

     (c) House Bill No. 4930.