June 22, 2005, Introduced by Rep. Emmons.
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. (1) Discharge Except as otherwise provided in
subsection (2), 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.
(2) The rights of a teacher on continuing tenure under this
article are subject to sections 1230d and 1535a of the revised
school code, 1976 PA 451, MCL 380.1230d and 380.1535a. To the
extent that any provision of this article is inconsistent with
those sections of law, this article does not apply to the teacher.
Enacting section 1. 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.