SB-1239, As Passed Senate, October 17, 2012

SUBSTITUTE FOR

SENATE BILL NO. 1239

     A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending sections 1311b and 1311h (MCL 380.1311b and 380.1311h),

as added by 1999 PA 23.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1311b. (1) A strict discipline academy 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 strict discipline academy is a body corporate and is a

governmental agency. The powers granted to a strict discipline

academy under sections 1311b to 1311l constitute the performance of

essential public purposes and governmental functions of this state.

     (2) As used in sections 1311b to 1311l:

     (a) "Authorizing body" means any of the following that issues

a contract as provided in sections 1311b to 1311l:

     (i) The board of a school district that operates grades K to

12.

     (ii) An intermediate school board.

     (iii) The board of a community college.

     (iv) The governing board of a state public university.

     (b) "Certificated teacher" means an individual who holds a

valid teaching certificate issued by the state board under section

1531.

     (c) "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 colleges

and universities assistance act of 1978, Public Law 95-471, 25 USC

1801 to 1852, and is determined by the department to meet the

requirements for accreditation by a recognized regional accrediting

body.

     (d) "Contract" means the executive act taken by an authorizing

body that evidences the authorization of a strict discipline

academy and that establishes, subject to the constitutional powers

of the state board and applicable law, the written instrument

executed by an authorizing body conferring certain rights,

franchises, privileges, and obligations on a strict discipline

academy, as provided by sections 1311b to 1311l, and confirming the

status of a strict discipline academy as a public school in this

state.

     (e) "Entity" means a partnership, nonprofit or business

corporation, labor organization, or any other association,

corporation, trust, or other legal entity.

     (f) "State public university" means a university described in

section 4, 5, or 6 of article VIII of the state constitution of

1963.

     Sec. 1311h. In addition to other powers set forth in sections

1311b to 1311l, a strict discipline academy may take action to carry

out the purposes for which it was incorporated under sections 1311b

to 1311l, including, but not limited to, all of the following:

     (a) To sue and be sued in its name.

     (b) 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 strict discipline academy require.

     (c) To receive and disburse 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 strict discipline academy.

     (e) To incur temporary debt in accordance with section 1225.

     (f) To solicit and accept any grants or gifts for 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 strict discipline academy 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 strict discipline

academy 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 strict discipline academy, 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.