June 11, 2009, Introduced by Senator KUIPERS and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 5, 1204a, 1230, 1230a, 1230b, 1230c, 1230d,
1230e, 1233, 1233b, 1246, 1277, 1278, 1280, and 1311 (MCL 380.5,
380.1204a, 380.1230, 380.1230a, 380.1230b, 380.1230c, 380.1230d,
380.1230e, 380.1233, 380.1233b, 380.1246, 380.1277, 380.1278,
380.1280, and 380.1311), section 5 as amended by 2005 PA 61,
section 1204a as amended by 1996 PA 159, sections 1230 and 1230a as
amended by 2008 PA 583, section 1230b as added by 1996 PA 189,
sections 1230c and 1230d as amended and section 1230e as added by
2006 PA 680, section 1233 as amended by 2000 PA 288, section 1233b
as amended by 1995 PA 289, section 1246 as amended by 2004 PA 148,
section 1277 as amended by 1997 PA 179, section 1278 as amended by
2004 PA 596, section 1280 as amended by 2006 PA 123, and section
1311 as amended 2008 PA 1, and by adding part 6D and section 1701b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) "Local act school district" or "special act school
district" means a district governed by a special or local act or
chapter of a local act. "Local school district" and "local school
district board" as used in article 3 include a local act school
district and a local act school district board.
(2) "Membership" means the number of full-time equivalent
pupils in a public school as determined by the number of pupils
registered for attendance plus pupils received by transfer and
minus pupils lost as defined by rules promulgated by the state
board.
(3) "Michigan election law" means the Michigan election law,
1954 PA 116, MCL 168.1 to 168.992.
(4) "Neighborhood public school" means a neighborhood public
school established under part 6D.
(5) (4)
"Nonpublic school" means
a private, denominational, or
parochial school.
(6) (5)
"Objectives" means
measurable pupil academic skills
and knowledge.
(7) (6)
"Public school" means a
public elementary or secondary
educational entity or agency that is established under this act,
has as its primary mission the teaching and learning of academic
and vocational-technical skills and knowledge, and is operated by a
school district, local act school district, special act school
district, intermediate school district, neighborhood public school
corporation, public school academy corporation, strict discipline
academy corporation, urban high school academy corporation, or by
the department or state board. Public school also includes a
laboratory school or other elementary or secondary school that is
controlled and operated by a state public university described in
section 4, 5, or 6 of article VIII of the state constitution of
1963.
(8) (7)
"Public school academy"
means a public school academy
established under part 6a and, except as used in part 6a, also
includes an urban high school academy established under part 6c and
a strict discipline academy established under sections 1311b to
1311l.
(9) (8)
"Pupil membership count
day" of a school district
means that term as defined in section 6 of the state school aid act
of 1979, MCL 388.1606.
(10) (9)
"Regular school election"
or "regular election" means
the election held in a school district, local act school district,
or intermediate school district to elect a school board member in
the regular course of the terms of that office and held on the
school district's regular election date as determined under section
642 or 642a of the Michigan election law, MCL 168.642 and 168.642a.
(11) (10)
"Reorganized intermediate
school district" means an
intermediate school district formed by consolidation or annexation
of 2 or more intermediate school districts under sections 701 and
702.
(12) (11)
"Rule" means a rule
promulgated under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
PART 6D
NEIGHBORHOOD PUBLIC SCHOOLS
Sec. 531. (1) A neighborhood public school is a public school
under section 2 of article VIII of the state constitution of 1963,
is a school district for the purposes of section 11 of article IX
of the state constitution of 1963 and for the purposes of section
1225 and section 1351a, and is subject to the leadership and
general supervision of the state board over all public education
under section 3 of article VIII of the state constitution of 1963.
A neighborhood public school is a body corporate and is a
governmental agency. The powers granted to a neighborhood public
school under this part constitute the performance of essential
public purposes and governmental functions of this state.
(2) As used in this part:
(a) "Certificated teacher" means an individual who holds a
valid teaching certificate or other approval to teach in a
neighborhood public school as described in section 543.
(b) "Community college" means a community college organized
under the community college act of 1966, 1966 PA 331, MCL 389.1 to
389.195, or a federal tribally controlled community college that is
recognized under the tribally controlled community college
assistance act of 1978, Public Law 95-471.
(c) "Conversion neighborhood public school" means a
neighborhood public school established under this part that has
been issued a performance contract to be a conversion neighborhood
public school under section 537.
(d) "Cyber school" means a neighborhood public school
established under this part that has been issued a performance
contract to be a cyber school under section 538 that provides full-
time instruction to pupils through online learning or otherwise on
a computer or other technology, which instruction and learning may
be remote from a school facility.
(e) "Entity" means a partnership, nonprofit or business
corporation, labor organization, or any other association,
corporation, trust, or other legal entity or a governmental entity.
(f) "Performance contract" means the executive action taken by
a sponsoring body that evidences the sponsorship of a neighborhood
public school and that establishes, subject to the constitutional
powers of the state board and applicable law, the written
instrument executed by a sponsoring body conferring certain rights,
franchises, privileges, and obligations on a neighborhood public
school, as provided by this part, and confirming the status of the
neighborhood public school as a public school in this state.
(g) "Sponsoring body" means an entity that grants a
performance contract as provided in section 533.
(h) "State public university" means a state university
described in section 4, 5, or 6 of article VIII of the state
constitution of 1963.
Sec. 533. (1) A person or entity described in subsection (2)
may apply for a performance contract to organize a neighborhood
public school to be operated under the direction of a governing
board in accordance with this part and with bylaws adopted by the
governing board. A neighborhood public school may be organized as
any type of public school including, but not limited to, 1 or more
of the following types of schools:
(a) A family educational service center, which would offer a
combination of early childhood, adult education, and social
services that are designed to enrich and support neighborhoods, and
provide a more holistic approach to pupil and family education and
development.
(b) An early childhood learning center, which would primarily
focus on offering preschool and kindergarten educational programs.
(c) A neighborhood elementary or middle school, which would
operate innovative educational programs or programs with innovative
instructional approaches, enrich educational programs through
partnerships with community and cultural organizations, provide
enhanced counseling and social services, or operate other research-
based programs or services that are designed to improve pupil
achievement.
(d) A career education high school, which would focus on
preparing pupils for jobs immediately upon graduating.
(e) A college preparatory high school, which would focus on
advanced placement, international baccalaureate, or another type of
college preparatory academic curriculum.
(f) A middle college, which would operate programs that allow
pupils to simultaneously earn a high school diploma and an
associate's degree.
(g) A dropout recovery center, which would provide educational
programs to pupils who are up to the age of 21 and who either have
previously dropped out of school or are at risk of dropping out of
school.
(h) A cyber school, as described in section 538.
(2) Any of the following persons or entities may apply for a
performance contract to organize and operate 1 or more neighborhood
public schools under this part:
(a) For a conversion neighborhood public school, a
neighborhood public school corporation that is formed by 1 or more
certificated teachers described in section 537 or by a majority of
the parents or legal guardians of pupils enrolled in the school to
be converted and that meets the requirements of subsection (3).
(b) For a neighborhood public school that is not a conversion
neighborhood public school, any of the following:
(i) A neighborhood public school corporation that is formed by
any 1 or more certificated teachers and that meets the requirements
of subsection (3).
(ii) A county, city, village, or township.
(iii) A school district or intermediate school district.
(iv) A community college.
(v) A state public university.
(vi) A department or other agency of state government.
(vii) Another person or entity.
(3) A neighborhood public school corporation shall be
organized under the nonprofit corporation act, 1982 PA 162, MCL
450.2101 to 450.3192, except that a neighborhood public school
corporation is not required to comply with sections 170 to 177 of
1931 PA 327, MCL 450.170 to 450.177. A neighborhood public school
shall be governed under the direction of a board of directors in
accordance with this part and with bylaws adopted by the board of
directors and incorporated into the performance contract. To the
extent disqualified under the state or federal constitution, a
neighborhood public school shall not be organized by a church or
other religious organization and shall not have any organizational
or contractual affiliation with or constitute a church or other
religious organization.
(4) Subject to subsection (5), a person or entity described in
subsection (2) may apply to any of the following public sponsoring
bodies for a performance contract to organize and operate 1 or more
neighborhood public schools under this part:
(a) The state board.
(b) The board of a school district.
(c) The intermediate school board of an intermediate school
district.
(d) The board of a community college.
(e) The governing board of a state public university.
(f) The mayor of a city with a population of at least 65,000
as of the most recent decennial census. A mayor described in this
subdivision may issue a performance contract for a neighborhood
public school without regard to any provision to the contrary in
the city charter. However, a mayor shall not issue a performance
contract for a neighborhood public school to operate outside the
boundaries of the city, and a neighborhood public school sponsored
by a mayor shall not operate outside the boundaries of that city.
(5) If a person or entity described in subsection (2) desires
to organize and operate 1 or more neighborhood public schools under
this part, the entity shall apply for the performance contract to
the state board or the governing board of a state public
university, and the state board or state public university may
grant the performance contract as provided in section 535. However,
a state public university may not grant a performance contract to
itself.
(6) The application for a performance contract shall include
at least all of the following:
(a) Identification of the person or entity applying for the
performance contract.
(b) If the application is for a conversion neighborhood public
school, a statement to that effect.
(c) If the application is for a type of neighborhood public
school described in subsection (1), a statement to that effect and
identifying the type of neighborhood public school that will be
operated.
(d) A list of the proposed members of the governing board of
the neighborhood public school or a description of the
qualifications and method for appointment or election of members to
the governing board.
(e) The governance structure of the neighborhood public
school.
(f) A copy of the performance goals for the neighborhood
public school and the curriculum to be offered and methods of pupil
assessment to be used by the neighborhood public school. The
performance goals should be aligned to the type of school that the
applicant is proposing to establish.
(g) The admission policy and criteria to be maintained by the
neighborhood public school. The admission policy and criteria shall
comply with section 539.
(h) Except for an application for a cyber school, the school
calendar and school day schedule.
(i) The age or grade range of pupils to be enrolled.
(j) Descriptions of staff responsibilities.
(k) A description of how the neighborhood public school will
supplement the educational programs currently available to pupils
in the area in which the neighborhood public school would be
located, and information demonstrating that sufficient demand in
that area exists for the type of educational programs that would be
offered by the neighborhood public school.
(l) A description of how the neighborhood public school will
meet the requirements of sections 1204a, 1277, 1278, and 1280,
commonly referred to as "public act 25 of 1990", and of sections
1230, 1230a, 1230b, 1230c, 1230d, 1230e, 1233, 1233b, and 1246.
(m) If the application is for a conversion neighborhood public
school, evidence satisfactory to the sponsoring body that the
requirements of section 537 are met.
Sec. 535. (1) Subject to section 533, a sponsoring body may
grant a performance contract to a person or entity described in
section 533(2) to organize and operate a neighborhood public school
in this state if the sponsoring body determines that the person or
entity meets and that the proposed neighborhood public school
demonstrates the ability to meet the requirements of this part and
that the issuance of the performance contract will further the
educational goals of this state. A sponsoring body is not required
to issue a performance contract to any person or entity. Except as
otherwise provided in this subsection, performance contracts shall
be issued on a competitive basis taking into consideration the
resources available for the proposed neighborhood public school,
the population to be served by the proposed neighborhood public
school, and the educational goals to be achieved by the proposed
neighborhood public school. A sponsoring body may give priority to
a person or entity that proposes to organize and operate a cyber
school or that proposes to organize and operate a neighborhood
public school that meets 1 or more of the following:
(a) The neighborhood public school would be located within the
boundaries of, or be intended to serve children who reside in, a
school district that has not made adequate yearly progress under
the no child left behind act of 2001, public law 107-110, for 2 or
more consecutive years, as determined by the department.
(b) The neighborhood public school would be located within the
boundaries of, or be intended to serve children who reside in, a
school district in which at least 40% of its pupils in membership
are at-risk pupils, as defined in section 31a of the state school
aid act of 1979, MCL 388.1631a, and determined by the department.
(2) A performance contract granted to a person or entity to
organize and operate a neighborhood public school is a contract
issued to the neighborhood public school by the sponsoring body and
shall contain at least all of the following:
(a) A commitment by the neighborhood public school to comply
with this part and applicable law.
(b) The educational outcomes the neighborhood public school is
to achieve. These educational outcomes shall be stated in clear and
measurable terms, and shall be consistent with the state board
recommended model core academic curriculum standards under section
1278 and the subject area content expectations for the Michigan
merit standard under sections 1278a and 1278b.
(c) The standards to which the neighborhood public school will
be held accountable. To the extent applicable, the pupil
performance of a neighborhood public school shall be assessed using
a Michigan education assessment program (MEAP) test or the Michigan
merit examination developed under section 1279g, and any other
assessments developed or selected by the sponsoring body designed
to measure academic progress toward the neighborhood public
school's educational outcomes. As determined by the sponsoring
body, standards shall also include attendance and graduation rates,
measurements of college or career preparedness, and other standards
as appropriate for the grade levels offered by the neighborhood
public school.
(d) A description of the method to be used to monitor the
neighborhood public school's compliance with this part and its
performance in meeting its targeted educational outcomes.
(e) A description of the process for amending the performance
contract during the term of the contract.
(f) Specific operating requirements for the neighborhood
public school, which shall include at least all of the matters
specified in section 533(6)(c) to (m).
(g) If the performance contract is for a conversion
neighborhood public school, identification of the existing school
facilities to be occupied in whole or part by the conversion
neighborhood public school.
(h) Procedures for revoking or terminating the performance
contract and grounds for revoking or terminating the performance
contract, including at least the grounds listed in section 547.
(i) Procedures for the dissolution of the neighborhood public
school and the disposition of the neighborhood public school's
property, as provided under section 547.
(3) A performance contract issued under this section may be
renewed by the sponsoring body for a length of time determined by
the sponsoring body if the sponsoring body determines that the
neighborhood public school has achieved or is making progress
toward achieving the educational outcomes required in the
performance contract and has complied with the other requirements
specified in this part and in the performance contract.
Sec. 537. (1) A sponsoring body may issue a performance
contract to establish a conversion neighborhood public school if
all of the following are met:
(a) An application for preliminary approval is submitted to
the sponsoring body by 1 or more certificated teachers employed by
the school district at the school to be converted, or by a majority
of parents or legal guardians of the pupils enrolled in the school
to be converted. An application for preliminary approval shall
contain information prescribed by the sponsoring body as necessary
to satisfy the sponsoring body that it is likely to approve a
performance contract application.
(b) The sponsoring body issues preliminary approval for the
conversion neighborhood public school based on the information in
the application for preliminary approval. A sponsoring body shall
act on an application for preliminary approval and notify the
applicant in writing of the decision within 60 days after receiving
a complete application.
(c) The applicant includes with the performance contract
application evidence satisfactory to the sponsoring body that all
of the following are met:
(i) The performance contract application is supported by the
affirmative vote of at least a majority of the certificated
teachers employed at the school to be converted who are present and
vote on the question. The evidence must include documentation that
all teachers who were eligible to participate in the vote received
adequate notice of the vote and that the ballot used in the vote
clearly stated that if the school becomes a conversion neighborhood
public school, then the teachers would no longer be employees of
the school district and the school and its teachers would no longer
be subject to a collective bargaining agreement with the school
district. The vote required under this subparagraph shall be held
within 60 days before the date the performance contract application
is submitted.
(ii) The performance contract application is supported by the
affirmative vote of at least a majority of the parents or legal
guardians of the pupils enrolled in the school to be converted who
are present and vote on the question at a public meeting on the
issue of converting all or part of the school to a conversion
neighborhood public school. The meeting at which the vote is taken
shall be held within 60 days before the date the performance
contract application is submitted. Public notice shall be given for
the meeting in the same manner as notice of a meeting of a school
board under section 1201.
(iii) That the applicants have formed a neighborhood public
school corporation that meets the requirements of section 533(3).
(2) If a public school operated by a school district is
converted to a conversion neighborhood public school under this
section, the school district is not the employer of employees
regularly working at that school and the school and those employees
are not subject to a collective bargaining agreement with the
school district.
(3) If the performance contract for a conversion neighborhood
public school identifies existing school facilities to be occupied
by the conversion neighborhood public school, the school district
in which the conversion neighborhood public school is to be located
shall allow the neighborhood public school to convert those school
facilities to the use of the neighborhood public school, as
specified in the performance contract. The school district shall
not charge the conversion neighborhood public school rent for the
facilities. However, a conversion neighborhood public school shall
assume the financial liability for all utilities, maintenance,
security, improvements, and other costs necessary to maintain the
facilities in at least the same condition in which the neighborhood
public school originally acquired the facilities.
(4) A conversion neighborhood public school and a school
district may enter into a contract or cooperative arrangement
concerning general liability insurance for the conversion
neighborhood public school.
Sec. 538. (1) A sponsoring body may issue a performance
contract to establish a neighborhood public school that is a cyber
school. A cyber school shall provide full-time instruction to
pupils through online learning or otherwise on a computer or other
technology, and this instruction and learning may occur remote from
a school facility.
(2) A performance contract for a neighborhood public school
that is a cyber school shall include all of the provisions required
under section 535 and all of the following:
(a) A requirement that a teacher who holds appropriate
certification according to state board rule will be responsible for
all of the following for each course in which a pupil is enrolled:
(i) Improving learning by planned instruction.
(ii) Diagnosing the pupil's learning needs.
(iii) Assessing learning, assigning grades, and determining
advancement.
(iv) Reporting outcomes to administrators and parents or legal
guardians.
(b) A requirement that the cyber school will make educational
services available to pupils for a minimum of at least 1,098 hours
during a school year and will ensure that each pupil participates
in the educational program for at least 1,098 hours during a school
year.
(3) Notwithstanding any other provision of this act or any
rule, if a neighborhood public school that is a cyber school is in
compliance with the requirements of subsection (2)(a) regarding a
certificated teacher, any other adult assisting with the oversight
of a pupil during the pupil's participation in the cyber school's
education program is not required to be a certificated teacher or
an employee of the sponsoring body.
(4) Notwithstanding any rule to the contrary, a cyber school
is not required to comply with any rule that would require a
pupil's physical presence or attendance in a classroom or that is
otherwise inconsistent with a pupil's participation in an online,
remote education program, including, but not limited to, R 340.10
and R 340.11 of the Michigan administrative code. Further, the
superintendent of public instruction shall waive any other
provision of this act, of the state school aid act of 1979, or of
the Michigan administrative code that would otherwise interfere
with the operation or funding of a cyber school as described in
this section.
(5) At the end of a cyber school's second full school year of
operations, the sponsoring body of a neighborhood public school
that is a cyber school shall submit to the superintendent of public
instruction and the legislature, in the form and manner prescribed
by the superintendent of public instruction, a report detailing the
operation of the cyber school, providing statistics on pupil
participation and academic performance, and making recommendations
for any further statutory or rule changes related to cyber schools
and online learning in this state.
Sec. 539. (1) A neighborhood public school shall not charge
tuition and shall not discriminate in its pupil admissions policies
or practices on the basis of intellectual or athletic ability,
measures of achievement or aptitude, status as a person with a
disability, or any other basis that would be illegal if used by a
school district. However, a neighborhood public school may limit
admissions to pupils who are within a particular range of age or
grade or on any other basis not specifically prohibited under this
part that would be legal if used by a school district.
(2) A neighborhood public school shall not enroll a pupil who
is not a resident of this state. Subject to subsections (3) to (9),
enrollment in the neighborhood public school shall be open to all
pupils who reside in this state and meet the admission policy.
Subject to subsections (3) to (9), if there are more applications
to enroll in the neighborhood public school than there are spaces
available, pupils shall be selected to attend using a random
selection process. A neighborhood public school shall allow any
pupil who was enrolled in the neighborhood public school in the
immediately preceding school year to enroll in the neighborhood
public school in the appropriate grade unless the appropriate grade
is not offered at that neighborhood public school.
(3) If a neighborhood public school is a conversion
neighborhood public school, the neighborhood public school shall
give enrollment priority to pupils who reside in the school
district in which the conversion neighborhood public school is
located.
(4) If a neighborhood public school is a cyber school and its
sponsoring body is a school district or intermediate school
district, the neighborhood public school shall give enrollment
priority to pupils who reside in the school district or
intermediate school district that is the sponsoring body.
(5) If the sponsoring body for a neighborhood public school is
a mayor as provided under section 533(4)(f), the neighborhood
public school shall give enrollment priority to pupils who reside
in the city in which the neighborhood public school is located.
(6) A neighborhood public school may give enrollment priority
to any of the following:
(a) A sibling of a pupil enrolled in the neighborhood public
school
(b) The child of a person who works at the neighborhood public
school or is a member of the neighborhood public school's governing
board.
(7) As specified in its contract, a neighborhood public school
may include any of the following:
(a) Kindergarten and early childhood education.
(b) Any grade up to grade 12.
(c) Adult education as described in section 533(1)(a).
(8) A neighborhood public school or public school academy may
enter into an agreement with any other public school to allow a
pupil who has completed the last grade offered by the neighborhood
public school or public school academy to transfer into the other
public school or to allow a pupil who has completed the last grade
offered by the other public school to transfer into the
neighborhood public school or public school academy without having
to go through the random selection process.
(9) If a neighborhood public school is operated by a school
district that is subject to a court desegregation order, pupil
selection of the neighborhood public school is subject to that
court order.
Sec. 540. (1) A neighborhood public school is exempt from all
taxation on its earnings and property. Instruments of conveyance to
or from a neighborhood public school are exempt from all taxation
including taxation imposed by 1966 PA 134, MCL 207.501 to 207.513.
A neighborhood public school may not levy ad valorem property taxes
or another tax for any purpose.
(2) A neighborhood public school may acquire by purchase,
gift, devise, lease, sublease, installment purchase agreement, land
contract, option, or by any other means, hold, and own in its own
name buildings and other property for school purposes, and
interests therein, and other real and personal property, including,
but not limited to, interests in property subject to mortgages,
security interests, or other liens, necessary or convenient to
fulfill its purposes.
(3) If a school district or intermediate school district owns
a school building or other school facility and ceases to use the
school building or other facility for school purposes, the school
district or intermediate school district shall notify the
department of management and budget of this fact within 30 days
after ceasing to use the school building or facility. The
department of management and budget shall maintain a listing of
these school buildings and facilities and shall post the listing on
its website and update the listing at least weekly. A school
district or intermediate school district shall not dispose of the
school building or facility in any way for at least 60 days after
notifying the department of management and budget. If a
neighborhood public school or person or entity that is applying to
form a neighborhood public school notifies that school district or
intermediate school district and the department of management and
budget during this 60-day period that the neighborhood public
school is offering to purchase or lease the school building or
facility, the school district or intermediate school district shall
accept the offer and shall sell or lease the school building or
facility, as the school district or intermediate school district
determines, to the neighborhood public school at fair market value.
If more than 1 neighborhood public school or person or entity that
is applying to form a neighborhood public school provides notice to
the school district or intermediate school district under this
subsection, the school district or intermediate school district
shall take into consideration both the amount of each offer and the
anticipated benefits to the community in determining which offer to
accept.
(4) An agreement, mortgage, loan, or other instrument of
indebtedness entered into by a neighborhood public school and a
third party does not constitute an obligation, either general,
special, or moral, of this state or a sponsoring body. The full
faith and credit or the taxing power of this state or any agency of
this state, or the full faith and credit of a sponsoring body, may
not be pledged for the payment of any neighborhood public school
bond, note, agreement, mortgage, loan, or other instrument of
indebtedness.
Sec. 541. (1) A neighborhood public school is governed by this
part and is not subject to the other provisions of this act except
as provided in this part or specifically in another provision of
this act.
(2) A neighborhood public school is subject to all of the
following to the same extent as if it were a school district and
shall comply with all of the following to the same extent as if it
were a school district:
(a) The requirements of sections 1204a, 1277, 1278, and 1280,
commonly referred to as "public act 25 of 1990".
(b) The requirements of sections 1230 to 1230e, 1233, 1233b,
and 1246.
(c) The freedom of information act, 1976 PA 442, MCL 15.231 to
15.246, and the open meetings act, 1976 PA 267, MCL 15.261 to
15.275.
(d) The health and safety laws that are generally applicable
to all public school buildings.
(3) If a neighborhood public school is organized or operated
by the board of a school district or the intermediate school board
of an intermediate school district, the school district or
intermediate school district is not the employer of any employees
assigned to regularly work at the neighborhood public school and
those employees are not subject to any collective bargaining
agreement that applies to employees of the school district or
intermediate school district.
(4) A neighborhood public school shall not issue high school
diplomas unless the neighborhood public school complies with
sections 1278a and 1278b to the same extent as if it were a school
district.
(5) A neighborhood public school shall meet generally accepted
accounting principles.
(6) The governing board of a neighborhood public school shall
insure property of the neighborhood public school. The insurance
may be obtained from mutual, stock, or other responsible insurance
companies licensed to do business in this state.
(7) A neighborhood public school shall not provide religious
instruction.
(8) A neighborhood public school shall perform the same
functions and duties under article 3 as a local school district for
the purposes of ensuring that a person with a disability enrolled
in the neighborhood public school is provided with special
education programs and services under article 3.
(9) A neighborhood public school and its incorporators, board
members, officers, employees, and volunteers have governmental
immunity as provided in section 7 of 1964 PA 170, MCL 691.1407. A
sponsoring body and its board members, officers, and employees are
immune from civil liability, both personally and professionally,
for an act or omission in issuing a performance contract to a
neighborhood public school if the sponsoring body or the person
acted or reasonably believed that he or she acted within the
sponsoring body's or the person's scope of authority.
Sec. 543. (1) A neighborhood public school, with the approval
of its sponsoring body, may employ or contract with personnel, or
enter into a contract with another party to furnish teachers or
other personnel, as necessary for the operation of the school,
prescribe their duties, and fix their compensation. A neighborhood
public school may implement and maintain a method of compensation
for its employees that is based on job performance, job
accomplishments, and job assignment in a subject area or school
that is difficult to find employees to staff.
(2) To the extent required under the no child left behind act
of 2001, Public Law 107-110, and except as otherwise provided under
section 538 for a cyber school, a neighborhood public school shall
use a certificated teacher to perform a function for which a school
district is required under state law to use a certificated teacher.
(3) The superintendent of public instruction shall establish
alternative routes to certification or other approval that allow
teachers to obtain certification or other approval to teach in
neighborhood public schools by demonstrating proficiency in the
grades and subjects that they will teach. The superintendent of
public instruction shall establish these alternative routes in
cooperation with national organizations whose purpose is to match
exemplary recent college graduates and professionals with diverse
academic backgrounds with teaching positions in urban and rural
schools.
(4) Except as otherwise provided under subsection (5), upon
written request by the employee, the board of a school district or
intermediate school district shall grant a leave of absence to an
employee of the school district or intermediate school district to
teach in a neighborhood public school. A school district or
intermediate school district shall not enter into a collective
bargaining agreement unless the collective bargaining agreement
allows a leave of absence to an employee of the school district or
intermediate school district to teach in a neighborhood public
school.
(5) If a collective bargaining agreement that would not allow
a leave of absence under subsection (4) is in effect for employees
of a school district or intermediate school district as of the
effective date of this section, then subsection (4) does not apply
to that school district or intermediate school district until after
the expiration of that collective bargaining agreement.
Sec. 544. In addition to other powers set forth in this part,
a neighborhood public school may take action to carry out the
purposes for which it was incorporated under this part, including,
but not limited to, all of the following:
(a) To sue and be sued in its name.
(b) Subject to section 540(4), to acquire, hold, and own in
its own name real and personal property, or interests in real or
personal property, for educational purposes by purchase, gift,
grant, devise, bequest, lease, sublease, installment purchase
agreement, land contract, option, or condemnation, and subject to
mortgages, security interests, or other liens; and to sell or
convey the property as the interests of the neighborhood public
school require.
(c) To receive, disburse, and pledge funds for lawful
purposes.
(d) To enter into binding legal agreements with persons or
entities as necessary for the operation, management, financing, and
maintenance of the neighborhood public school.
(e) To incur temporary debt in accordance with section 1225.
(f) To solicit and accept any grants or gifts that would
enhance the neighborhood public school's educational purposes and
to establish or permit to be established on its behalf 1 or more
nonprofit corporations the purpose of which is to assist the
neighborhood public school in the furtherance of its public
purposes.
(g) To borrow money and issue bonds in accordance with section
1351a and in accordance with part VI of the revised municipal
finance act, 2001 PA 34, MCL 141.2601 to 141.2613, except that the
borrowing of money and issuance of bonds by a neighborhood public
school is not subject to section 1351a(4) or section 1351(2) to
(4). Bonds issued under this section shall be full faith and credit
obligations of the neighborhood public school, pledging the general
funds or any other money available for such a purpose. Bonds issued
under this section are subject to the revised municipal finance
act, 2001 PA 34, MCL 141.2101 to 141.2821.
Sec. 545. (1) Except as otherwise provided in subsection (2),
the sponsoring body for a neighborhood public school is the fiscal
agent for the neighborhood public school. A state school aid
payment for a neighborhood public school shall be paid to the
sponsoring body that is the fiscal agent for the neighborhood
public school, which shall then forward the payment to the
neighborhood public school.
(2) If the sponsoring body for a neighborhood public school is
a mayor as provided under section 533(4)(f), all of the following
apply:
(a) The sponsoring body shall contract with a state public
university to act as the fiscal agent for the neighborhood public
school and to assist the sponsoring body in an advisory capacity in
carrying out its oversight responsibilities under subsection (3).
(b) A state school aid payment for the neighborhood public
school shall be paid to that state public university that is the
fiscal agent for the neighborhood public school, which shall then
forward the payment to the neighborhood public school.
(c) The state public university may charge a fee to the
sponsoring body for the services described in subdivision (a). The
amount of that fee shall not exceed 30% of the fee that is charged
to the neighborhood public school by the sponsoring body under
subsection (3).
(3) A sponsoring body has the responsibility to oversee a
neighborhood public school's compliance with the performance
contract and all applicable law. A sponsoring body shall not charge
a fee for providing oversight of a contract for a neighborhood
public school in an amount that exceeds a combined total of 3% of
the total state school aid received by the neighborhood public
school in the year in which the fees or expenses are charged.
(4) A sponsoring body may use a fee charged under subsection
(3) for considering applications and issuing or administering
performance contracts; compliance monitoring and oversight of
neighborhood public schools; training for neighborhood public
school applicants, administrators, and governing boards; technical
assistance to and on behalf of neighborhood public schools;
academic support to neighborhood public schools or to pupils of
neighborhood public schools; evaluation of neighborhood public
school performance; training of teachers in neighborhood public
schools; other purposes to assist neighborhood public schools in
achieving improved academic performance; providing information
about neighborhood public schools to the public and the
legislature; assisting neighborhood public schools in fulfilling
the requirements of this act; and reasonable administrative costs
associated with carrying out its duties as described in this part.
Sec. 547. (1) A performance contract issued under this part
may be revoked by the sponsoring body that issued the performance
contract if the sponsoring body that issued the performance
contract determines that 1 or more of the following have occurred:
(a) Failure of the neighborhood public school to abide by and
substantially meet the educational goals and outcomes set forth in
the performance contract.
(b) Failure of the neighborhood public school to maintain
applicable health and safety standards.
(c) Failure of the neighborhood public school to meet
generally accepted accounting principles.
(d) The existence of 1 or more other grounds for revocation as
specified in the performance contract.
(2) Except as provided in subsection (3), if a neighborhood
public school's performance contract has been revoked, terminated,
or not reissued by a sponsoring body, property owned by the
neighborhood public school that was acquired substantially with
state school aid funds shall be transferred to the state by the
neighborhood public school corporation. The state treasurer, or his
or her designee, is authorized to accept and dispose of property
transferred to the state under this subsection. The state treasurer
shall deposit in the state school aid fund any money included in
that property and the net proceeds from the sale of the property or
interests in property, after payment by the state treasurer of any
debt of the neighborhood public school that is secured by the
property or interest in property.
(3) If a neighborhood public school is a conversion
neighborhood public school and the neighborhood public school's
performance contract has been revoked, terminated, or not reissued
by a sponsoring body, facilities under the control of the
neighborhood public school under section 537(3) shall revert to the
school district that had originally owned the facilities.
(4) A sponsoring body may require a neighborhood public school
to purchase a surety bond or insurance, or to hold funds in escrow,
in an amount determined by the sponsoring body to ensure that
sufficient funds exist to provide for the dissolution of a
neighborhood public school under this section.
Sec. 1204a. (1) In addition to the requirements specified in
section 1280 for accreditation under that section, if the board of
a school district or governing board of a neighborhood public
school wants all of its schools to be accredited under section
1280, the board or governing board shall prepare and submit to the
state board not later than September 1 each year, and shall provide
that each school in the school district or the neighborhood public
school distributes to the public at an open meeting not later than
October 15 each year, an annual educational report. The annual
educational report shall include, but is not limited to, all of the
following information for each public school in the school district
or the neighborhood public school:
(a) The accreditation status of each school within the school
district or the neighborhood public school, the process by which
pupils are assigned to particular schools, and a description of
each specialized school.
(b) The status of the 3- to 5-year school improvement plan as
described in section 1277 for each school within the school
district or the neighborhood public school.
(c) A copy of the core academic curriculum and a description
of its implementation, including how pupils are ensured enrollment
in those courses or subjects necessary for them to receive adequate
instruction in all of the core academic curriculum, and the
variances and explanation for the variances from the model core
academic curriculum developed by the state board pursuant to
section 1278(2).
(d) A report for each school of aggregate student achievement
based upon the results of any locally-administered student
competency tests, statewide assessment tests, or nationally normed
achievement tests that were given to pupils attending school in the
school district or the neighborhood public school.
(e) For the year in which the report is filed and the previous
school year, the district pupil retention report as defined in
section
6 of the state school aid act of 1979, being section
388.1606
of the Michigan Compiled Laws MCL 388.1606.
(f) The number and percentage of parents, legal guardians, or
persons in loco parentis with pupils enrolled in the school
district or neighborhood public school who participate in parent-
teacher conferences for pupils at the elementary, middle, and
secondary school level, as appropriate.
(g)
Beginning in the 1996-97 school year, if If the school is
a high school, all of the following:
(i) The number and percentage of pupils enrolled in the school
who enrolled during the immediately preceding school year in 1 or
more postsecondary courses under the postsecondary enrollment
options
act, or under section 21b of the state school aid act
of
1979,
being section 388.1621b of the Michigan Compiled Laws 1996 PA
160, MCL 388.511 to 388.524, or under the career and technical
preparation act, 2000 PA 258, MCL 388.1901 to 388.1913.
(ii) The number of college level equivalent courses offered to
pupils enrolled in the school, in the school district, and in
consortia or cooperative programs available to pupils of the school
district or neighborhood public school.
(iii) The number and percentage of pupils enrolled in the school
who were enrolled in at least 1 college level equivalent course
during the immediately preceding school year, disaggregated by
grade level.
(iv) The number and percentage of pupils described in
subparagraph (iii) who took a college level equivalent credit
examination.
(v) The number and percentage of pupils described in
subparagraph (iv) who achieved a score on a college level equivalent
credit examination that is at or above the level recommended by the
testing service for college credit.
(h) A comparison with the immediately preceding school year of
the information required by subdivisions (a) through (g).
(2) At least annually, the department shall prepare and submit
to the legislature a report of the information described in
subsection (1)(g), aggregated for statewide and intermediate school
district totals, using the information submitted by school
districts and neighborhood public schools.
(3) The state board shall prepare and make available to school
districts and neighborhood public schools suggestions for
accumulating the information listed in subsection (1) and a model
annual educational report for school districts and neighborhood
public schools to consider in the implementation of this section.
(4) As used in this section, "college level equivalent course"
and "college level equivalent credit examination" mean those terms
as
defined in part 14a 20A.
Sec. 1230. (1) Except as otherwise provided in this section,
upon an offer of initial employment being made by the board of a
school district or intermediate school district or the governing
body of a public school academy, neighborhood public school, or
nonpublic school to an individual for any full-time or part-time
employment or when school officials learn that an individual is
being assigned to regularly and continuously work under contract in
any of its schools, the district, public school academy,
neighborhood public school, or nonpublic school shall request from
the criminal records division of the department of state police a
criminal history check on the individual and, before employing the
individual as a regular employee or allowing the individual to
regularly and continuously work under contract in any of its
schools, shall have received from the department of state police
the report described in subsection (8).
(2) If the board of a school district or intermediate school
district or the governing body of a public school academy,
neighborhood public school, or nonpublic school determines it
necessary to hire an individual or to allow an individual to
regularly and continuously work under contract for a particular
school year during that school year or within 30 days before the
beginning of that school year, the board or governing body may
employ the individual as a conditional employee or conditionally
allow the individual to regularly and continuously work under
contract under this subsection without first receiving the report
described in subsection (8) if all of the following apply:
(a) The board or governing body requests the criminal history
check required under subsection (1) before conditionally employing
the individual or conditionally allowing the individual to
regularly and continuously work under contract in any of its
schools.
(b) The individual signs a statement identifying all crimes
for which he or she has been convicted, if any, and agreeing that,
if the report described in subsection (8) is not the same as the
individual's statement, his or her employment contract is voidable
at the option of the board or governing body. The department shall
develop and distribute to districts and nonpublic schools a model
form for the statement required under this subdivision. The
department shall make the model form available to public school
academies and neighborhood public schools. A district, public
school academy, neighborhood public school, or nonpublic school
shall use the model form for the purposes of this subsection.
(3) If an individual is employed as a conditional employee
under subsection (2) and the report described in subsection (8) is
not the same as the individual's statement under subsection (2),
the board or governing body may void the individual's employment
contract. If an employment contract is voided under this
subsection, the individual's employment is terminated, a collective
bargaining agreement that would otherwise apply to the individual's
employment does not apply to the termination, and the district,
public school academy, neighborhood public school, or nonpublic
school or the board or governing body is not liable for the
termination.
(4) For an applicant for a position as a substitute teacher or
substitute bus driver, or for an individual who regularly and
continuously works under contract in more than 1 school district,
intermediate school district, public school academy, neighborhood
public school, or nonpublic school, if the applicant or individual
agrees in writing to allow a district, public school academy,
neighborhood public school, or nonpublic school to share the
results of the criminal history check with another district, public
school academy, neighborhood public school, or nonpublic school,
then instead of requesting a criminal history check under
subsection (1), a school district, intermediate school district,
public school academy, neighborhood public school, or nonpublic
school may use a report received by another district, public school
academy, neighborhood public school, or nonpublic school or
maintained by the department to confirm that the applicant or
individual does not have any criminal history. If that confirmation
is not available, subsection (1) applies to the applicant or
individual.
(5) If an applicant is being considered for employment by more
than 1 school district, intermediate school district, public school
academy, neighborhood public school, or nonpublic school and if the
applicant agrees in writing to allow a district, public school
academy, neighborhood public school, or nonpublic school to share
the report described in subsection (8) with another district,
public school academy, neighborhood public school, or nonpublic
school, a district, public school academy, neighborhood public
school, or nonpublic school may satisfy the requirements of
subsection (1) by obtaining a copy of the report described in
subsection (8) from another district, public school academy,
neighborhood public school, or nonpublic school.
(6) An applicant for employment shall give written consent at
the time of application for the criminal records division of the
department of state police to conduct the criminal history check
required under this section.
(7) A school district, intermediate school district, public
school academy, neighborhood public school, or nonpublic school
shall make a request to the criminal records division of the
department of state police for a criminal history check required
under this section on a form and in a manner prescribed by the
criminal records division of the department of state police.
(8) Within 30 days after receiving a proper request by a
school district, intermediate school district, public school
academy, neighborhood public school, or nonpublic school for a
criminal history check on an individual under this section, the
criminal records division of the department of state police shall
conduct the criminal history check and, after conducting the
criminal history check and within that time period, provide a
report of the results of the criminal history check to the
district, public school academy, neighborhood public school, or
nonpublic school. The report shall contain any criminal history
record information on the individual maintained by the criminal
records division of the department of state police. A school
district, intermediate school district, public school academy,
neighborhood public school, or nonpublic school that receives a
report from the department of state police under this subsection
shall retain that report in the individual's employment records.
(9) If the report received by a school district, intermediate
school district, public school academy, neighborhood public school,
or nonpublic school under subsection (8), or a report received
under section 1230a, 1230d(7), 1535a(15), or 1539b(15), discloses
that an individual has been convicted of a listed offense, then the
school district, intermediate school district, public school
academy, neighborhood public school, or nonpublic school shall take
steps to verify that information using public records and, if the
information is verified, shall not employ the individual in any
capacity, as provided under section 1230c, and shall not allow the
individual to regularly and continuously work under contract in any
of its schools. If the report received by a school district,
intermediate school district, public school academy, neighborhood
public school, or nonpublic school under subsection (8), or a
report received under section 1230a, 1230d(7), 1535a(15), or
1539b(15), discloses that an individual has been convicted of a
felony other than a listed offense, then the school district,
intermediate school district, public school academy, neighborhood
public school, or nonpublic school shall take steps to verify that
information using public records and, if the information is
verified using public records, shall not employ the individual in
any capacity or allow the individual to regularly and continuously
work under contract in any of its schools unless the superintendent
or chief administrator and the governing board or governing body,
if any, of the school district, intermediate school district,
public school academy, neighborhood public school, or nonpublic
school each specifically approves the employment or work assignment
in writing. If a school district, intermediate school district,
public school academy, neighborhood public school, or nonpublic
school receives results described in this subsection, within 60
days after receiving those results the school district,
intermediate school district, public school academy, neighborhood
public school, or nonpublic school shall submit to the department
in the form and manner prescribed by the department a report
detailing the information and any action taken as a result by the
school district, intermediate school district, public school
academy, neighborhood public school, or nonpublic school. The
department shall maintain a copy of this report for at least 6
years.
(10) Criminal history record information received from the
criminal records division of the department of state police under
subsection (8) shall be used by a school district, intermediate
school district, public school academy, neighborhood public school,
or nonpublic school only for the purpose of evaluating an
individual's qualifications for employment or assignment in the
position for which he or she has applied or been assigned and for
the purposes of subsections (3), (4), (5), and (12). A member of
the board of a district or of the governing body of a public school
academy, neighborhood public school, or nonpublic school or an
employee of a district, public school academy, neighborhood public
school, or nonpublic school shall not disclose the report or its
contents received under this section, except a misdemeanor
conviction involving sexual or physical abuse or any felony
conviction, to any person who is not directly involved in
evaluating the applicant's qualifications for employment or
assignment. However, for the purposes of subsections (4) and (5), a
person described in this subsection may confirm to an employee of
another district, public school academy, neighborhood public
school, or nonpublic school that a report under subsection (8) has
revealed that an individual does not have any criminal history or
may disclose that no report under subsection (8) has been received
concerning the individual, and for the purposes of subsections (4),
(5), and (12), a person described in this subsection may provide a
copy of the report under subsection (8) concerning the individual
to an appropriate representative of another district, public school
academy, neighborhood public school, or nonpublic school. For an
individual who is regularly and continuously working under
contract, if the individual agrees in writing, a district, public
school academy, neighborhood public school, or nonpublic school may
provide a copy of the results received under this section
concerning the individual to an appropriate representative of the
individual's employer. A representative of the individual's
employer who receives a copy of a report, or receives results of a
report from another source as authorized by this subsection, shall
not disclose the report or its contents or the results of the
report to any person outside of the employer's business or to any
of the employer's personnel who are not directly involved in
evaluating the individual's qualifications for employment or
assignment. A person who violates this subsection is guilty of a
misdemeanor punishable by a fine of not more than $10,000.00, but
is not subject to the penalties under section 1804. As used in this
subsection, "misdemeanor conviction involving sexual or physical
abuse" includes, but is not limited to, a misdemeanor conviction
for a listed offense; a misdemeanor conviction for violation of
section 617a of the Michigan vehicle code, 1949 PA 300, MCL
257.617a; a misdemeanor conviction for violation of section 701 of
the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1701;
a misdemeanor conviction for violation of section 81, 81a, 81c,
90c, 136b, 141a, 145, 145d, 145n, 233, 335a, or 411h of the
Michigan penal code, 1931 PA 328, MCL 750.81, 750.81a, 750.81c,
750.90c, 750.136b, 750.141a, 750.145, 750.145d, 750.145n, 750.233,
750.335a, and 750.411h; a misdemeanor conviction of section 6 of
1979 PA 53, MCL 752.796; or a misdemeanor conviction for violation
of a substantially similar law of another state, of a political
subdivision of this state or another state, or of the United
States.
(11) Subject to subsection (12), if the criminal history check
required under this section has been completed for a particular
individual and the results reported to a school district,
intermediate school district, public school academy, neighborhood
public school, or nonpublic school as provided under this section,
then another criminal history check is not required under this
section for that individual as long as the individual remains
employed with no separation from service by any school district,
intermediate school district, public school academy, neighborhood
public school, or nonpublic school in this state or remains
regularly and continuously working under contract with no
separation from service for the same employer in any school
district, intermediate school district, public school academy,
neighborhood public school, or nonpublic school in this state. For
the purposes of this subsection, an employee is not considered to
have a separation from service in any of the following
circumstances:
(a) The employee is laid off or placed on a leave of absence
by his or her employer and returns to active employment with the
same employer within 1 year after being laid off or placed on the
leave of absence.
(b) The employee transfers to another school district,
intermediate school district, public school academy, neighborhood
public school, or nonpublic school and remains continuously
employed by any school district, intermediate school district,
public school academy, neighborhood public school, or nonpublic
school in this state.
(12) If an individual described in subsection (11) is an
applicant for employment in a different school district,
intermediate school district, public school academy, neighborhood
public school, or nonpublic school than the one that originally
received the results of the criminal history check or that
currently is in possession of the results of the criminal history
check, or is being assigned to regularly and continuously work
under contract in a different school district, intermediate school
district, public school academy, neighborhood public school, or
nonpublic school than the one that originally received the results
of the criminal history check or that currently is in possession of
the results of the criminal history check, then all of the
following apply:
(a) If the results of the individual's criminal history check
have not already been forwarded to the new school district,
intermediate school district, public school academy, neighborhood
public school, or nonpublic school, the new school district,
intermediate school district, public school academy, neighborhood
public school, or nonpublic school shall request the school
district, intermediate school district, public school academy,
neighborhood public school, or nonpublic school that has the
results to forward them to the new school district, intermediate
school district, public school academy, neighborhood public school,
or nonpublic school. Upon receipt of such a request, a school
district, intermediate school district, public school academy,
neighborhood public school, or nonpublic school that has the
results shall forward them to the requesting school district,
intermediate school district, public school academy, neighborhood
public school, or nonpublic school.
(b) If the results of the individual's criminal history check
are not received by the new school district, intermediate school
district, public school academy, neighborhood public school, or
nonpublic school under this subsection or otherwise, then this
section applies to the individual to the same extent as if he or
she has had a separation from service.
(c) If the results of the individual's criminal history check
are received by the new school district, intermediate school
district, public school academy, neighborhood public school, or
nonpublic school under this subsection or otherwise, then that
school district, intermediate school district, public school
academy, neighborhood public school, or nonpublic school shall
perform a criminal history check on that individual using the
department of state police's internet criminal history access tool
(ICHAT), ensuring that this criminal history check is based on the
personal identifying information, including at least the
individual's name, sex, and date of birth, that was associated with
the results received from the previous school district,
intermediate school district, public school academy, neighborhood
public school, or nonpublic school.
(d) If the search of the department of state police's ICHAT
under subdivision (c) reveals that the individual has been
convicted of a listed offense, then the school district,
intermediate school district, public school academy, neighborhood
public school, or nonpublic school shall take steps to verify that
information using public records and, if the information is
verified using public records, shall not employ the individual in
any capacity, as provided under section 1230c, and shall not allow
the individual to regularly and continuously work under contract in
any of its schools. If a search of the department of state police's
ICHAT under subdivision (c) reveals that the individual has been
convicted of a felony other than a listed offense, then the school
district, intermediate school district, public school academy,
neighborhood public school, or nonpublic school shall take steps to
verify that information using public records and, if the
information is verified using public records, shall not employ the
individual in any capacity or allow the individual to regularly and
continuously work under contract in any of its schools unless the
superintendent or chief administrator and the board or governing
body, if any, of the school district, intermediate school district,
public school academy, neighborhood public school, or nonpublic
school each specifically approves the employment or work assignment
in writing.
(13) Subsection (1) does not apply to an individual who is
being employed by or assigned to regularly and continuously work
under contract in a school of a school district, intermediate
school district, public school academy, neighborhood public school,
or nonpublic school if the individual is not more than 19 years of
age and is enrolled as a general education pupil of a school
district, intermediate school district, public school academy,
neighborhood public school, or nonpublic school or is not more than
26 years of age and is enrolled in special education programs or
services in a school district, intermediate school district, public
school academy, neighborhood public school, or nonpublic school.
However, before employing the individual or assigning the
individual to regularly and continuously work under contract in a
school, the school district, intermediate school district, public
school academy, neighborhood public school, or nonpublic school
shall perform a criminal history check on that person using the
department of state police's internet criminal history access tool
(ICHAT). If a search of the department of state police's ICHAT
reveals that the individual has been convicted of a listed offense,
then the school district, intermediate school district, public
school academy, neighborhood public school, or nonpublic school
shall take steps to verify that information using public records
and, if the information is verified using public records, shall not
employ the individual in any capacity, as provided under section
1230c, and shall not allow the individual to regularly and
continuously work under contract in any of its schools. If a search
of the department of state police's ICHAT reveals that the
individual has been convicted of a felony other than a listed
offense, then the school district, intermediate school district,
public school academy, neighborhood public school, or nonpublic
school shall take steps to verify that information using public
records and, if the information is verified using public records,
shall not employ the individual in any capacity or allow the
individual to regularly and continuously work under contract in any
of its schools unless the superintendent or chief administrator and
the board or governing body, if any, of the school district,
intermediate school district, public school academy, neighborhood
public school, or nonpublic school each specifically approves the
employment or work assignment in writing.
(14) For the purposes of subsections (9) and (13), the
department shall make available to school districts, intermediate
school districts, public school academies, neighborhood public
schools, and nonpublic schools information on how to verify a
conviction using public records.
(15) As used in this section:
(a) "At school" means in a classroom, elsewhere on school
property, or on a school bus or other school-related vehicle.
(b) "Criminal history record information" means that term as
defined in section 1a of 1925 PA 289, MCL 28.241a.
(c) "Felony" means that term as defined in section 1 of
chapter I of the code of criminal procedure, 1927 PA 175, MCL
761.1.
(d) "Listed offense" means that term as defined in section 2
of the sex offenders registration act, 1994 PA 295, MCL 28.722.
(e) "Regularly and continuously work under contract" means any
of the following:
(i) To work at school on a more than intermittent or sporadic
basis as an owner or employee of an entity that has a contract with
a school district, intermediate school district, public school
academy, neighborhood public school, or nonpublic school to provide
food, custodial, transportation, counseling, or administrative
services, or to provide instructional services to pupils or related
and auxiliary services to special education pupils.
(ii) To work at school on a more than intermittent or sporadic
basis as an individual under a contract with a school district,
intermediate school district, public school academy, neighborhood
public school, or nonpublic school to provide food, custodial,
transportation, counseling, or administrative services, or to
provide instructional services to pupils or related and auxiliary
services to special education pupils.
(f) "School property" means that term as defined in section 33
of the sex offenders registration act, 1994 PA 295, MCL 28.733.
Sec. 1230a. (1) In addition to the criminal history check
required under section 1230, the board of a school district or
intermediate school district or the governing body of a public
school academy, neighborhood public school, or nonpublic school
shall request the department of state police to conduct a criminal
records check through the federal bureau of investigation on an
applicant for, or an individual who is hired for, any full-time or
part-time employment or who is assigned to regularly and
continuously work under contract in any of its schools. Except as
otherwise provided in this section, a board or governing body shall
not employ an individual or allow an individual to regularly and
continuously work under contract in any of its schools until after
the board or governing body receives the results of the criminal
records check. A board or governing body requesting a criminal
records check under this section shall require the individual to
submit his or her fingerprints to the department of state police
for that purpose. The department of state police may charge a fee
for conducting the criminal records check. Subject to section
1230g, a board or governing body shall require an individual to
submit his or her fingerprints for the purposes of this section
only at the time the individual initially applies for employment
with the board or governing body or is initially employed by the
board or governing body or is initially assigned to regularly and
continuously work under contract in any of its schools.
(2) If the board of a school district or intermediate school
district or the governing body of a public school academy,
neighborhood public school, or nonpublic school determines it
necessary to hire an individual or to allow an individual to
regularly and continuously work under contract for a particular
school year during that school year or within 30 days before the
beginning of that school year, the board or governing body may
employ the individual as a conditional employee or conditionally
allow the individual to regularly and continuously work under
contract under this subsection without first receiving the results
of the criminal records check under subsection (1) if all of the
following apply:
(a) The board or governing body requests the criminal records
check under subsection (1) before conditionally employing the
individual or conditionally allowing the individual to regularly
and continuously work under contract in any of its schools.
(b) The individual signs a statement identifying all crimes
for which he or she has been convicted, if any, and agreeing that,
if the results of the criminal records check under subsection (1)
reveal information that is inconsistent with the individual's
statement, his or her employment contract is voidable at the option
of the board or governing body. The department shall develop and
distribute to districts and nonpublic schools a model form for the
statement required under this subdivision. The department shall
make the model form available to public school academies and
neighborhood public schools. A district, public school academy,
neighborhood public school, or nonpublic school shall use the model
form for the purposes of this subsection.
(3) If an individual is employed as a conditional employee
under subsection (2) and the results of the criminal records check
under subsection (1) reveal information that is inconsistent with
the individual's statement under subsection (2), the board or
governing body may void the individual's employment contract. If an
employment contract is voided under this subsection, the
individual's employment is terminated, a collective bargaining
agreement that would otherwise apply to the individual's employment
does not apply to the termination, and the district, public school
academy, neighborhood public school, or nonpublic school or the
board or governing body is not liable for the termination.
(4) For an applicant for a position as a substitute teacher or
substitute bus driver, or for an individual who regularly and
continuously works under contract in more than 1 school district,
intermediate school district, public school academy, neighborhood
public school, or nonpublic school, if the applicant or individual
agrees in writing to allow a district, public school academy,
neighborhood public school, or nonpublic school to share the
results of the criminal records check with another district, public
school academy, neighborhood public school, or nonpublic school,
then instead of requesting a criminal records check under
subsection (1), a school district, intermediate school district,
public school academy, neighborhood public school, or nonpublic
school may use results received by another district, public school
academy, neighborhood public school, or nonpublic school or
maintained by the department to confirm that the applicant or
individual does not have any criminal history. If that confirmation
is not available, subsection (1) applies to the applicant or
individual.
(5) If an applicant is being considered for employment by more
than 1 school district, intermediate school district, public school
academy, neighborhood public school, or nonpublic school and if the
applicant agrees in writing to allow a district, public school
academy, neighborhood public school, or nonpublic school to share
the results of the criminal records check with another district,
public school academy, neighborhood public school, or nonpublic
school, then a district, public school academy, neighborhood public
school, or nonpublic school may satisfy the requirements of
subsection (1) by obtaining a copy of the results of the criminal
records check from another district, public school academy,
neighborhood public school, or nonpublic school.
(6) An applicant for employment shall give written consent at
the time of application for the criminal records division of the
department of state police to conduct the criminal records check
required under this section.
(7) A school district, intermediate school district, public
school academy, neighborhood public school, or nonpublic school
shall make a request to the department of state police for a
criminal records check under this section on a form and in a manner
prescribed by the department of state police.
(8) The results of a criminal records check under this section
shall be used by a school district, intermediate school district,
public school academy, neighborhood public school, or nonpublic
school only for the purpose of evaluating an individual's
qualifications for employment or assignment in the position for
which he or she has applied or been assigned and for the purposes
of subsections (3), (4), (5), and (12). A member of the board of a
district or of the governing body of a public school academy,
neighborhood public school, or nonpublic school or an employee of a
district, public school academy, neighborhood public school, or
nonpublic school shall not disclose those results received under
this section, except a misdemeanor conviction involving sexual or
physical abuse or any felony conviction, to any person who is not
directly involved in evaluating the individual's qualifications for
employment or assignment. However, for the purposes of subsections
(4), (5), and (12) a person described in this subsection may
provide a copy of the results received under this section
concerning the individual to an appropriate representative of
another district, public school academy, neighborhood public
school, or nonpublic school. For an individual who is regularly and
continuously working under contract, if the individual agrees in
writing, a district, public school academy, neighborhood public
school, or nonpublic school may provide a copy of the results
received under this section concerning the individual to an
appropriate representative of the individual's employer. A
representative of the individual's employer who receives a copy of
the results, or receives the results from another source as
authorized by this subsection, shall not disclose the results to
any person outside of the employer's business or to any of the
employer's personnel who are not directly involved in evaluating
the individual's qualifications for employment or assignment. A
person who violates this subsection is guilty of a misdemeanor
punishable by a fine of not more than $10,000.00, but is not
subject to the penalties under section 1804. As used in this
subsection, "misdemeanor conviction involving sexual or physical
abuse" includes, but is not limited to, a misdemeanor conviction
for a listed offense; a misdemeanor conviction for violation of
section 617a of the Michigan vehicle code, 1949 PA 300, MCL
257.617a; a misdemeanor conviction for violation of section 701 of
the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1701;
a misdemeanor conviction for violation of section 81, 81a, 81c,
90c, 136b, 141a, 145, 145d, 145n, 233, 335a, or 411h of the
Michigan penal code, 1931 PA 328, MCL 750.81, 750.81a, 750.81c,
750.90c, 750.136b, 750.141a, 750.145, 750.145d, 750.145n, 750.233,
750.335a, and 750.411h; a misdemeanor conviction of section 6 of
1979 PA 53, MCL 752.796; or a misdemeanor conviction for violation
of a substantially similar law of another state, of a political
subdivision of this state or another state, or of the United
States.
(9) Within 30 days after receiving a proper request by a
school district, intermediate school district, public school
academy, neighborhood public school, or nonpublic school for a
criminal records check on an individual under this section, the
criminal records division of the department of state police shall
initiate the criminal records check through the federal bureau of
investigation. After conducting the criminal records check required
under this section for a school district, intermediate school
district, public school academy, neighborhood public school, or
nonpublic school, the criminal records division of the department
of state police shall provide the results of the criminal records
check to the district, public school academy, neighborhood public
school, or nonpublic school. A school district, intermediate school
district, public school academy, neighborhood public school, or
nonpublic school that receives results from the department of state
police under this subsection shall retain those results in the
individual's employment records.
(10) If the results received by a school district,
intermediate school district, public school academy, neighborhood
public school, or nonpublic school under subsection (9), or a
report received under section 1230, 1230d(7), 1535a(15), or
1539b(15), disclose that an individual has been convicted of a
listed offense, then the school district, intermediate school
district, public school academy, neighborhood public school, or
nonpublic school shall take steps to verify that information using
public records and, if the information is verified, shall not
employ the individual in any capacity, as provided under section
1230c, and shall not allow the individual to regularly and
continuously work under contract in any of its schools. If the
results received by a school district, intermediate school
district, public school academy, neighborhood public school, or
nonpublic school under subsection (9), or a report received under
section 1230, 1230d(7), 1535a(15), or 1539b(15), disclose that an
individual has been convicted of a felony other than a listed
offense, then the school district, intermediate school district,
public school academy, neighborhood public school, or nonpublic
school shall take steps to verify that information using public
records and, if the information is verified using public records,
shall not employ the individual in any capacity or allow the
individual to regularly and continuously work under contract in any
of its schools unless the superintendent or chief administrator and
the governing board or governing body, if any, of the school
district, intermediate school district, public school academy,
neighborhood public school, or nonpublic school each specifically
approves the employment or work assignment in writing. If a school
district, intermediate school district, public school academy,
neighborhood public school, or nonpublic school receives results
described in this subsection, within 60 days after receiving those
results the school district, intermediate school district, public
school academy, neighborhood public school, or nonpublic school
shall submit to the department in the form and manner prescribed by
the department a report detailing the information and any action
taken as a result by the school district, intermediate school
district, public school academy, neighborhood public school, or
nonpublic school. The department shall maintain a copy of this
report for at least 6 years.
(11) Subject to subsection (12), if the criminal records check
required under this section has been completed for a particular
individual and the results reported to a school district,
intermediate school district, public school academy, neighborhood
public school, or nonpublic school as provided under this section,
then another criminal records check is not required under this
section for that individual as long as the individual remains
employed with no separation from service by any school district,
intermediate school district, public school academy, neighborhood
public school, or nonpublic school in this state or remains
regularly and continuously working under contract with no
separation from service for the same employer in any school
district, intermediate school district, public school academy,
neighborhood public school, or nonpublic school in this state. For
the purposes of this subsection, an employee is not considered to
have a separation from service in any of the following
circumstances:
(a) The employee is laid off or placed on a leave of absence
by his or her employer and returns to active employment with the
same employer within 1 year after being laid off or placed on the
leave of absence.
(b) The employee transfers to another school district,
intermediate school district, public school academy, neighborhood
public school, or nonpublic school and remains continuously
employed by any school district, intermediate school district,
public school academy, neighborhood public school, or nonpublic
school in this state.
(12) If an individual described in subsection (11) is an
applicant for employment in a different school district,
intermediate school district, public school academy, neighborhood
public school, or nonpublic school than the one that originally
received the results of the criminal records check or that
currently is in possession of the results of the criminal records
check, or is being assigned to regularly and continuously work
under contract in a different school district, intermediate school
district, public school academy, neighborhood public school, or
nonpublic school than the one that originally received the results
of the criminal records check or that currently is in possession of
the results of the criminal records check, then all of the
following apply:
(a) If the results of the individual's criminal records check
have not already been forwarded to the new school district,
intermediate school district, public school academy, neighborhood
public school, or nonpublic school, the new school district,
intermediate school district, public school academy, neighborhood
public school, or nonpublic school shall request the school
district, intermediate school district, public school academy,
neighborhood public school, or nonpublic school that has the
results to forward them to the new school district, intermediate
school district, public school academy, neighborhood public school,
or nonpublic school. Upon receipt of such a request, a school
district, intermediate school district, public school academy,
neighborhood public school, or nonpublic school that has the
results shall forward them to the requesting school district,
intermediate school district, public school academy, neighborhood
public school, or nonpublic school.
(b) If the results of the individual's criminal records check
are not received by the new school district, intermediate school
district, public school academy, neighborhood public school, or
nonpublic school under this subsection or otherwise, then this
section applies to the individual to the same extent as if he or
she has had a separation from service.
(13) Subsection (1) does not apply to an individual who is
being employed by or assigned to regularly and continuously work
under contract in a school of a school district, intermediate
school district, public school academy, neighborhood public school,
or nonpublic school if the individual is not more than 19 years of
age and is enrolled as a general education pupil of a school
district, intermediate school district, public school academy,
neighborhood public school, or nonpublic school or is not more than
26 years of age and is enrolled in special education programs or
services in a school district, intermediate school district, public
school academy, neighborhood public school, or nonpublic school.
However, before employing the individual or assigning the
individual to regularly and continuously work under contract in a
school, the school district, intermediate school district, public
school academy, neighborhood public school, or nonpublic school
shall perform a criminal history check on that person using the
department of state police's internet criminal history access tool
(ICHAT). If a search of the department of state police's ICHAT
reveals that the individual has been convicted of a listed offense,
then the school district, intermediate school district, public
school academy, neighborhood public school, or nonpublic school
shall take steps to verify that information using public records
and, if the information is verified using public records, shall not
employ the individual in any capacity, as provided under section
1230c, and shall not allow the individual to regularly and
continuously work under contract in any of its schools. If a search
of the department of state police's ICHAT reveals that the
individual has been convicted of a felony other than a listed
offense, then the school district, intermediate school district,
public school academy, neighborhood public school, or nonpublic
school shall take steps to verify that information using public
records and, if the information is verified using public records,
shall not employ the individual in any capacity or allow the
individual to regularly and continuously work under contract in any
of its schools unless the superintendent or chief administrator and
the board or governing body of the school district, intermediate
school district, public school academy, neighborhood public school,
or nonpublic school each specifically approves the employment or
work assignment in writing.
(14) For the purposes of subsections (10) and (13), the
department shall make available to school districts, intermediate
school districts, public school academies, neighborhood public
schools, and nonpublic schools information on how to verify a
conviction using public records.
(15) As used in this section:
(a) "At school" means in a classroom, elsewhere on school
property, or on a school bus or other school-related vehicle.
(b) "Felony" means that term as defined in section 1 of
chapter I of the code of criminal procedure, 1927 PA 175, MCL
761.1.
(c) "Listed offense" means that term as defined in section 2
of the sex offenders registration act, 1994 PA 295, MCL 28.722.
(d) "Regularly and continuously work under contract" means any
of the following:
(i) To work at school on a more than intermittent or sporadic
basis as an owner or employee of an entity that has a contract with
a school district, intermediate school district, public school
academy, neighborhood public school, or nonpublic school to provide
food, custodial, transportation, counseling, or administrative
services, or to provide instructional services to pupils or related
and auxiliary services to special education pupils.
(ii) To work at school on a more than intermittent or sporadic
basis as an individual under a contract with a school district,
intermediate school district, public school academy, neighborhood
public school, or nonpublic school to provide food, custodial,
transportation, counseling, or administrative services, or to
provide instructional services to pupils or related and auxiliary
services to special education pupils.
(e) "School property" means that term as defined in section 33
of the sex offenders registration act, 1994 PA 295, MCL 28.733.
Sec. 1230b. (1) Before hiring an applicant for employment, a
school
district, local act school district, public school academy,
intermediate school district, neighborhood public school, or
nonpublic school shall request the applicant for employment to sign
a statement that does both of the following:
(a) Authorizes the applicant's current or former employer or
employers
to disclose to the school district, local act school
district,
public school academy, neighborhood public school,
intermediate school district, or nonpublic school any
unprofessional conduct by the applicant and to make available to
the
school district, local act school district, public school
academy, neighborhood public school, intermediate school district,
or nonpublic school copies of all documents in the employee's
personnel record maintained by the current or former employer
relating to that unprofessional conduct.
(b) Releases the current or former employer, and employees
acting on behalf of the current or former employer, from any
liability for providing information described in subdivision (a),
as provided in subsection (3), and waives any written notice
required under section 6 of the Bullard-Plawecki employee right to
know
act, Act No. 397 of the Public Acts of 1978, being section
423.506
of the Michigan Compiled Laws 1978 PA 397, MCL 423.506.
(2) Before hiring an applicant for employment, a school
district,
local act school district, public school academy,
neighborhood public school, intermediate school district, or
nonpublic school shall request at least the applicant's current
employer or, if the applicant is not currently employed, the
applicant's immediately previous employer to provide the
information described in subsection (1)(a), if any. The request
shall include a copy of the statement signed by the applicant under
subsection (1).
(3) Not later than 20 business days after receiving a request
under subsection (2), an employer shall provide the information
requested and make available to the requesting school district,
local
act school district, public school
academy, neighborhood
public school, intermediate school district, or nonpublic school
copies of all documents in the employee's personnel record relating
to the unprofessional conduct. An employer, or an employee acting
on behalf of the employer, that discloses information under this
section in good faith is immune from civil liability for the
disclosure. An employer, or an employee acting on behalf of the
employer, is presumed to be acting in good faith at the time of a
disclosure under this section unless a preponderance of the
evidence establishes 1 or more of the following:
(a) That the employer, or employee, knew the information
disclosed was false or misleading.
(b) That the employer, or employee, disclosed the information
with a reckless disregard for the truth.
(c) That the disclosure was specifically prohibited by a state
or federal statute.
(4)
The board or governing body of a school district, local
act
school district, public school
academy, neighborhood public
school, intermediate school district, or nonpublic school shall not
hire an applicant who does not sign the statement described in
subsection (1).
(5) Information received under this section shall be used by a
school
district, local act school district, public school academy,
neighborhood public school, intermediate school district, or
nonpublic school only for the purpose of evaluating an applicant's
qualifications for employment in the position for which he or she
has applied. Except as otherwise provided by law, a board member or
employee
of a school district, local act school district, public
school academy, neighborhood public school, intermediate school
district, or nonpublic school shall not disclose the information to
any person, other than the applicant, who is not directly involved
in the process of evaluating the applicant's qualifications for
employment. A person who violates this subsection is guilty of a
misdemeanor punishable by a fine of not more than $10,000.00, but
is not subject to the penalties under section 1804.
(6)
The board or an official of a school district, local act
school
district, public school academy, neighborhood public school,
intermediate school district, or nonpublic school shall not enter
into a collective bargaining agreement, individual employment
contract, resignation agreement, severance agreement, or any other
contract or agreement that has the effect of suppressing
information about unprofessional conduct of an employee or former
employee or of expunging information about that unprofessional
conduct from personnel records. Any provision of a contract or
agreement that is contrary to this subsection is void and
unenforceable. This subsection does not restrict the expungement
from a personnel file of information about alleged unprofessional
conduct that has not been substantiated.
(7)
This section does not prevent a school district, local act
school
district, public school academy, neighborhood public school,
intermediate school district, or nonpublic school from requesting
or requiring an applicant for employment to provide information
other than that described in this section.
(8) As used in this section:
(a) "Personnel record" means that term as defined in section 1
of
Act No. 397 of the Public Acts of 1978, being section 423.501 of
the
Michigan Compiled Laws the Bullard-Plawecki employee right to
know act, 1978 PA 397, M