SENATE BILL No. 742

 

 

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).