HOUSE BILL No. 5236

January 26, 2016, Introduced by Reps. Price and Kelly and referred to the Committee on Education.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

(MCL 380.1 to 380.1852) by adding section 1535b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1535b. If the superintendent of public instruction has

 

information that a person who holds a teaching certificate that is

 

valid in this state has engaged or participated in a strike

 

prohibited by section 2 of 1947 PA 336, MCL 423.202, the

 

superintendent of public instruction shall do all of the following:

 

     (a) Within 10 days after the inception of the strike or after

 

receiving information that the person has engaged or participated

 

in a strike, notify the person that his or her teaching certificate

 

may be suspended for a period of at least 2 years, or revoked, for

 


engaging or participating in the strike and of his or her right to

 

a hearing before the superintendent of public instruction under the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 

24.328.

 

     (b) If the person does not avail himself or herself of this

 

right to a hearing within 15 working days after receipt of this

 

written notification, permanently revoke the person's teaching

 

certificate.

 

     (c) If a hearing takes place, complete the proceedings and

 

make a final decision and order within 120 working days after

 

receiving the request for a hearing. If the superintendent of

 

public instruction determines as a result of the hearing that the

 

person has engaged or participated in a strike in violation of

 

section 2 of 1947 PA 336, MCL 423.202, the superintendent of public

 

instruction shall suspend the person's teaching certificate for at

 

least 2 years and may permanently revoke the person's teaching

 

certificate, depending on his or her determination as to the

 

severity of the offense.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.