HB-6371, As Passed House, September 7, 2006

HOUSE BILL No. 6371

August 30, 2006, Introduced by Reps. Emmons, Farhat, Nitz, Mortimer and Moore and referred to the Committee on Higher Education and Career Preparation.

     A bill to amend 1964 PA 287, entitled

"An act to provide for the organization and functions of the state

boards of education under the constitutions of 1908 and 1963; to

provide for the appointment and functions of the superintendent of

public instruction under the constitution of 1963; and to repeal

certain acts and parts of acts,"

by amending section 10 (MCL 388.1010).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 10. (1) The  state board of education shall have

superintendent of public instruction has the following powers and

duties:

     (a) Jurisdiction and control of the Michigan  school  schools

for the deaf and blind at Flint  , the Michigan school for the

House Bill No. 6371 as amended September 6, 2006  (1 of 2)

blind at Lansing, and the Michigan rehabilitation institute for

veterans and disabled adults at Pine lake, including power to make

rules for the schools necessary to enforce discipline, preserve

health, and provide for proper physical, intellectual, and moral

training of their pupils.

     (b) Regulation of school bus transportation, review of the

annexation or attachment of nonoperating school districts to

operating school districts, and the [hearing final resolution] of

 appeals from

decisions on alterations of boundaries of school districts as may

be provided by law.  The board may appoint a hearing officer to

hear the appeals from decisions on alterations of boundaries of

school districts who shall prepare a written report for

consideration of the board. A copy of the written report shall be

furnished to the designated appellant and appellee, who within 20

days may file written objections to the report with the state board

of education for its consideration. After considering the report of

the hearing officer and any objections filed by interested parties,

the board may determine the appeal or order a hearing by it of the

appeal from the decision on alterations of boundaries of school

districts. [The SUPERINTENDENT OF PUBLIC INSTRUCTION may TRANSMIT THE

 CLAIM OF APPEAL To THE STATE OFFICE OF ADMINISTRATIVE HEARINGS AND RULES FOR A HEARING BY AN ADMINISTRATIVE LAW JUDGE. After a hearing, The administrative law judge SHALL PREPARE A PROPOSAL FOR DECISION FOR consideration of the SUPERINTENDENT OF PUBLIC INSTRUCTION and shall send a copy of the PROPOSAL FOR DECISION to the designated appellant and appellee. Within 20 days after receipt of the proposal for decision, the appellant or appellee may file written objections to the PROPOSAL FOR DECISION with the SUPERINTENDENT OF PUBLIC INSTRUCTION. After considering the PROPOSAL FOR DECISION and any objections filed by THE parties, the SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL ISSUE A FINAL DECISION AND ORDER.]

     (c) Inspection of educational corporations as may be provided

by law.

(2)  (d) The  appointment of  state board of education shall

appoint the members of the state board for public community and

junior colleges, as provided by law.

     Enacting section 1. This amendatory act is intended to

transfer back to the superintendent of public instruction certain

powers, duties, and functions that were transferred to the former

department of career development by Executive Reorganization Order

No. 1999-7, MCL 388.995.