October 11, 2011, Introduced by Senators ROBERTSON and MARLEAU and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1229 (MCL 380.1229), as amended by 2011 PA 105.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1229. (1) Except as otherwise provided in subsection (4),
the board of a school district, other than a school district that
was organized as a primary school district during the 1995-1996
school year, or of an intermediate school district shall employ a
superintendent of schools, who shall meet the requirements of
section 1246. The superintendent shall not be a member of the
board. Employment of a superintendent shall be by written contract.
The term of the superintendent's contract shall be fixed by the
board, not to exceed 5 years. If written notice of nonrenewal of
the contract of a superintendent is not given at least 90 days
before the termination of the contract, the contract is renewed for
an additional 1-year period.
(2) The board of a school district or intermediate school
district may employ assistant superintendents, principals,
assistant principals, guidance directors, and other administrators
who do not assume tenure in that position under 1937 (Ex Sess) PA
4, MCL 38.71 to 38.191. The employment shall be by written
contract. The term of the employment contract shall be fixed by the
board, not to exceed 3 years. The board shall prescribe the duties
of a person described in this subsection. If written notice of
nonrenewal of the contract of a person described in this subsection
is not given at least 60 days before the termination date of the
contract, the contract is renewed for an additional 1-year period.
(3) A notification of nonrenewal of contract of a person
described in subsection (2) may be given only for a reason that is
not arbitrary or capricious. The board shall not issue a notice of
nonrenewal under this section unless the affected person has been
provided with not less than 30 days' advance notice that the board
is considering the nonrenewal together with a written statement of
the reasons the board is considering the nonrenewal. After the
issuance of the written statement, but before the nonrenewal
statement is issued, the affected person shall be given the
opportunity to meet with not less than a majority of the board to
discuss the reasons stated in the written statement. The meeting
shall be open to the public or a closed session, as the affected
person elects under section 8 of the open meetings act, 1976 PA
267, MCL 15.268. If the board fails to provide for a meeting with
the board, or if a court finds that the reason for nonrenewal is
arbitrary or capricious, the affected person's contract is renewed
for an additional 1-year period. This subsection does not apply to
the nonrenewal of the contract of a superintendent of schools
described in subsection (1).
(4) A school district, instead of directly employing a
superintendent of schools, may contract with its intermediate
school district for the intermediate superintendent to serve as the
superintendent of schools for the school district or for the
intermediate school district to provide another person to serve as
superintendent of schools for the school district. However, a
school district shall not contract with its intermediate school
district for a superintendent as otherwise allowed under this
subsection unless both of the following have been conducted within
the 3-month period immediately preceding the contract:
(a) A financial audit of all of the intermediate school
district's financial records, performed by an independent auditor
chosen from the list maintained under subsection (5).
(b) A performance audit of all of the intermediate school
district's operations, performed by an independent auditor chosen
from the list maintained under subsection (5).
(5) The department of treasury shall develop and maintain a
list of independent auditors qualified to perform the financial
audit required under subsection (4)(a) and a list of independent
auditors qualified to perform the performance audit required under
subsection (4)(b).