HB-4991, As Passed Senate, August 31, 2005

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4991

     A bill to amend 1937 (Ex Sess) PA 4, entitled

"An act relative to continuing tenure of office of certificated

teachers in public educational institutions; to provide for

probationary periods; to regulate discharges or demotions; to

provide for resignations and leaves of absence; to create a state

tenure commission and to prescribe the powers and duties thereof;

and to prescribe penalties for violation of the provisions of this

act,"

by amending section 1 of article IV (MCL 38.101), as amended by

1993 PA 60.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

ARTICLE IV

     Sec. 1.  Discharge  Except as otherwise provided in section 1a

of this article, discharge or demotion of a teacher on continuing

tenure may be made only for reasonable and just cause and only as

provided in this act. This act does not prevent any controlling

board from establishing a reasonable policy for retirement to apply

equally to all teachers who are eligible for retirement under the

public school employees retirement act of 1979,  Act No. 300 of the

Public Acts of 1980, being sections 38.1301 to 38.1408 of the

Michigan Compiled Laws  1980 PA 300, MCL 38.1301 to 38.1408, or,

having established a reasonable retirement age policy, from

temporarily continuing on a year-to-year basis on criteria equally

applied to all teachers the contract of any teacher whom the

controlling board might wish to retain beyond the established

retirement age for the benefit of the school system.

     Enacting section 1. This amendatory act takes effect January

1, 2006.

     Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 93rd Legislature are

enacted into law:

     (a) House Bill No. 4402.

     (b) House Bill No. 4928.

     (c) House Bill No. 4930.

     (d) Senate Bill No. 601.

     (e) Senate Bill No. 609.

     (f) Senate Bill No. 611.