Michigan

M.C.L.A. 388.811

MICHIGAN COMPILED LAWS ANNOTATED

CHAPTER 388. SCHOOLS AND SCHOOL AID

EMERGENCY FINANCIAL ASSISTANCE

§ 388.811. Definitions

Sec. 1. As used in this act:

(a) "Board" means the governing body of a local school district.

(b) "Constituent district" means a local school district the territory of which is entirely within and is an integral part of an intermediate school district.

(c) "Department" means the department of education created and operating under sections 300 to 305 of the executive organization act of 1965, Act No. 380 of the Public Acts of 1965, being > sections 16.400 to > 16.405 of the Michigan Compiled Laws.

(d) "Intermediate school board" means the board of an intermediate school district.

(e) "Intermediate school district" means a school district established under part 7 of the school code of 1976, Act No. 451 of the Public Acts of 1976, as amended, being > sections 380.601 to > 380.703 of the Michigan Compiled Laws.

(f) "School district" means a school district of the third class organized under part 4 of the school code of 1976, Act No. 451 of the Public Acts of 1976, as amended, being > sections 380.201 to > 380.260 of the Michigan Compiled Laws, and located entirely within a county having a population of 1,500,000 or more.

(g) "State board" means the state board of education.

(h) "State committee" means the state committee for the reorganization of school districts created by Act No. 289 of the Public Acts of 1964, as amended, being > sections 388.681 to > 388.693 of the Michigan Compiled Laws, and continued under section 10a of Act No. 239 of the Public Acts of 1967, being > sections 388.720a of the Michigan Compiled Laws.

M.C.L.A. 380.411a

MICHIGAN COMPILED LAWS ANNOTATED

CHAPTER 380. THE REVISED SCHOOL CODE

THE REVISED SCHOOL CODE

ARTICLE 1

PART 6. SCHOOL DISTRICTS OF THE FIRST CLASS

§ 380.411a. District board; at large members; election; officers; recall; term of office; vacancies; qualifications

Sec. 411a. (1) Four members of the board of a first class school district shall be elected at large. The following provisions apply to the terms, nomination, and election of the at large members of the board of a school district organized as a first class school district on January 1, 1980:

(a) Four members shall be elected for a term of 4 years at the general election to be held in November, 1984 and every 4 years after 1984.

(b) Each candidate shall be nominated at a primary held in conjunction with the preceding primary election conducted pursuant to section 534 of the Michigan election law, Act No. 116 of the Public Acts of 1954, as amended, being > section 168.534 of the Michigan Compiled Laws. The nominating petitions shall contain not less than 500 or more than 1,000 signatures of registered school electors of the city in which the first class school district is located; shall meet the requirements of section 544c of the Michigan election law, Act No. 116 of the Public Acts of 1954, as amended, being > section 168.544c of the Michigan Compiled Laws; and shall be filed with the clerk of the city in which the first class school district is located on or before 4 p.m. of the twelfth Tuesday before the primary election. The city clerk may compare the signatures on the petitions with the signatures appearing on the registration records, or in some other proper manner determine whether the signatures appearing on the petition are genuine and comply with the requirements of this section. With the petitions, a candidate shall file an affidavit as provided in section 558 of Act No. 116 of the Public Acts of 1954, being > section 168.558 of the Michigan Compiled Laws. The clerk of the city shall notify the county clerk of the name and address of each candidate not later than 3 days after the last day for candidate withdrawal. However, if the third day is a Saturday, Sunday, or legal holiday, the notice may be made on the next day that is not a Saturday, Sunday, or legal holiday.

(2) The board of a first class school district shall elect its officers during the month of January of each odd numbered year. The president of the board shall be a member of the board, and the duties of the president shall be determined by the board.

(3) Petitions to recall a member of the board of a first class school district filed and pending before this section becomes operative in a school district that becomes a first class school district may be withdrawn by the person or organization filing or sponsoring the recall petitions within 20 days after the section becomes operative in a school district that becomes a first class school district. A board member of a first class school district who is recalled may be a candidate for the same office at the next election for an office at which the recalled member is otherwise eligible.

(4) The term of office of each board member serving in a school district which after January 1, 1983, becomes a first class school district expires on the next succeeding December 31 of an even numbered year, except that if the school district becomes a first class school district later than April 1 of an even numbered year, the term of office of each board member expires on December 31 of the next succeeding even numbered year after the year in which the district became a first class school district. For a district becoming a first class school district, 4 school board members shall be elected in the general election of the even numbered year in which the terms of office expire, and the 4 school board members elected shall commence 4-year terms on January 1 of the odd numbered year following the general election.

(5) If a vacancy occurs on the first class school district board from among the at large members, the vacancy shall be filled by majority vote of the remaining first class school district board members at a meeting called by the president of the board for that purpose. If a person is appointed to fill a vacancy for which the unexpired term is more than 1 year and 8 months, that person shall serve until January 1 following the next general election. At that first general election the vacancy shall be filled for the unexpired term. A vacancy shall not be filled later than 60 days before a primary election at which at large board members are to be nominated.

(6) A candidate for the office of board member at large or a person appointed to fill a vacancy on the board pursuant to subsection (5) shall be 18 years of age or older at the time of his or her election or appointment and shall be a registered school elector residing in the first class school district in which the person becomes a candidate or which the person is appointed to represent. If an at large member's residence is moved from the first class school district during the at large member's term of office, it shall constitute a vacating of office.

M.C.L.A. 380.412a

§ 380.412a. District board; elected by voting districts; procedure; qualifications; vacancies

Sec. 412a. (1) In the November, 1982 election and every 4 years after 1982, 7 members of the board of a first class school district shall be elected by voting districts. Each member shall represent a voting district described in section 404b. > [FN1]

(2) The members shall be nominated and elected by the registered school electors of each voting district in the manner provided by law for the nomination and election of the first class school board members elected at large, except that the number of signatures required on nominating petitions of a candidate for election as a representative of a voting district shall be not less than 250 or more than 500. A signature on a nominating petition is not valid unless the petitioner is a registered school elector of the voting district in which the candidate is running for election. Not more than 2 candidates shall be nominated at the primary election for each voting district.

(3) Candidates shall be nominated at a primary held in conjunction with the preceding primary election conducted pursuant to section 534 of the Michigan election law, Act No. 116 of the Public Acts of 1954, as amended, being > section 168.534 of the Michigan Compiled Laws. Nominating petitions shall meet the requirements of section 544c of Act No. 116 of the Public Acts of 1954, as amended, being > section 168.544c of the Michigan Compiled Laws, and shall be filed with the clerk of the city in which the first class school district is located on or before 4 p.m. of the twelfth Tuesday preceding the primary election. The city clerk may compare the signatures on the petitions with the signatures appearing on the registration records, or in some other proper manner determine whether the signatures appearing on the petitions are genuine and comply with the requirements of this section. With the petitions, a candidate shall file an affidavit as provided in section 558 of Act No. 116 of the Public Acts of 1954, being > section 168.558 of the Michigan Compiled Laws.

(4) The 7 board members elected to represent the voting districts shall commence their terms of office on January 1 following the election.

(5) A candidate for the office of board member representing a voting district or a person appointed to fill a vacancy pursuant to subsection (6) shall be 18 years of age or older at the time of his or her election or appointment and shall be a registered school elector residing in the voting district in which the person becomes a candidate or which the person is appointed to represent. If a voting district member's residence is moved from the voting district during the voting district member's term of office, this constitutes a vacating of office.

(6) If a vacancy occurs on the first class school district board from among the voting district members, the vacancy shall be filled from among registered school electors of the voting district by majority vote of the remaining first class school district board members. If a person is appointed to fill a vacancy in a voting district for which the unexpired term is more than 1 year and 8 months, that person shall serve until January 1 following the next general election. At that next general election the vacancy shall be filled for the unexpired term. A vacancy shall not be filled later than 60 days before a primary election at which voting district board members are to be nominated.

M.C.L.A. 380.611

MICHIGAN COMPILED LAWS ANNOTATED

CHAPTER 380. THE REVISED SCHOOL CODE

THE REVISED SCHOOL CODE

ARTICLE 1

PART 7. INTERMEDIATE SCHOOL DISTRICTS

§ 380.611. Intermediate school board; members, number

Sec. 611. An intermediate school district shall be under the supervision and control of an intermediate school board composed of 5 members elected under this part, except that in an intermediate school district which adopts sections 615 to 617 > [FN1] for popular election of its members, or in an intermediate school district reorganized under section 701, > [FN2] the number of intermediate school board members shall be 7. In an intermediate school district whose boundaries are enlarged by a dissolution under section 703, the number of intermediate school board members, at the option of the intermediate school board, may be 7.

M.C.L.A. 380.614

MICHIGAN COMPILED LAWS ANNOTATED

CHAPTER 380. THE REVISED SCHOOL CODE

THE REVISED SCHOOL CODE

ARTICLE 1

PART 7. INTERMEDIATE SCHOOL DISTRICTS

§ 380.614. Board; election of members, notice of meeting, terms, vacancy, nomination, ballots, board of canvassers

Sec. 614. (1) Except as provided in section 615, the members of the intermediate school board shall be elected biennially on the first Monday in June by a body composed of 1 member of the board of each constituent district, who shall be designated by the board of which that person is a member. The secretary shall send a notice by certified mail of the hour and place of meeting to the secretary of the board of each constituent district at least 10 days before the meeting. The president and secretary of the intermediate school board shall act as chairperson and secretary.

(2) Except as provided in section 703, > [FN2] the term of office of each member elected to the intermediate school board shall be for 6 years and shall begin on July 1 following election. Not more than 2 members of the intermediate school board shall be from the same school district unless there are fewer districts than there are positions to be filled.

(3) A vacancy shall be filled by the remaining members of the intermediate school board until the next biennial election at which time the vacancy shall be filled for the balance of the unexpired term. Notice of the vacancy shall be filed with the state board within 5 days after the vacancy occurs. If the vacancy is not filled within 30 days after it occurs, the vacancy shall be filled by the state board.

(4) A candidate for election to the intermediate school board shall be nominated by petitions that are signed by not less than 50 registered school electors of the combined constituent districts of the intermediate school district. A registered school elector may sign as many petitions as there are vacancies to fill. Nominating petitions and an affidavit as provided in section 558 of the Michigan election law, Act No. 116 of the Public Acts of 1954, being > section 168.558 of the Michigan Compiled Laws, shall be filed with the secretary of the intermediate school board not later than 30 days before the date of the biennial election. The secretary shall determine the sufficiency of the petitions and the eligibility of the candidates nominated. The secretary shall provide ballots for the biennial election, listing on the ballots the names of all candidates properly nominated. The chairperson of the biennial election may accept nominations for a vacancy from the floor only if no nominating petitions have been filed for the vacancy. Section 1066 applies to the form and manner of circulation of nominating petitions for a candidate for membership on the intermediate school board.

(5) The president shall appoint 2 persons not members of the intermediate board or candidates for election as a board of canvassers and they shall canvass the vote following balloting. This becomes the official canvass.

M.C.L.A. 380.615

MICHIGAN COMPILED LAWS ANNOTATED

CHAPTER 380. THE REVISED SCHOOL CODE

THE REVISED SCHOOL CODE

ARTICLE 1

PART 7. INTERMEDIATE SCHOOL DISTRICTS

§ 380.615. Popular election of board members

Sec. 615. Members of the intermediate school board shall be elected at popular elections in an intermediate school district which adopts sections 615 to 617. > [FN1]

M.C.L.A. 380.1106

MICHIGAN COMPILED LAWS ANNOTATED

CHAPTER 380. THE REVISED SCHOOL CODE

THE REVISED SCHOOL CODE

ARTICLE 2

PART 14. BOARDS OF EDUCATION; MEMBERSHIP

§ 380.1106. Notice of filling of vacancy

Sec. 1106. Within 3 days after an appointment is made to fill a vacancy in elected office in a school district, the secretary of the school board shall notify the county clerk, in writing, of the name, address, and office of the person who vacated the office as well as the person filling the office. If the school district is in more than 1 county, the notice shall be made

M.C.L.A. 380.1254

MICHIGAN COMPILED LAWS ANNOTATED

CHAPTER 380. THE REVISED SCHOOL CODE

THE REVISED SCHOOL CODE

ARTICLE 2

PART 16. BOARDS OF EDUCATION; POWERS AND DUTIES GENERALLY

§ 380.1254. Expenses of board members and employees, payment, public record

Sec. 1254. (1) Except as provided in subsection (3) and section 1217a, the board of a school district or intermediate school district may pay the actual and necessary expenses incurred by its members and employees in the discharge of official duties or in the performance of functions authorized by the board. The expenditure shall be a public record and shall be made available to a person upon request.

(2) The board of a school district or intermediate school district shall not approve payment of an expense incurred by a board member under subsection (1) unless 1 or both of the following conditions are met:

(a) The board, by a majority vote of its members at an open meeting, approved reimbursement of the specific expense before the expense was incurred.

(b) The expense is consistent with a policy adopted by the board, by a majority vote of its members at a regular board meeting, establishing specific categories of reimbursable expenses and the board, by a majority vote of its members at an open meeting, approves the reimbursement before it is actually paid.

(3) The board of any school district shall not provide, allow, or obtain credit cards for, issue credit cards to, or provide to a school board member a debit card or similar instrument that pledges payment of funds from a school district account except in compliance with law.

M.C.L.A. 380.1277

MICHIGAN COMPILED LAWS ANNOTATED

CHAPTER 380. THE REVISED SCHOOL CODE

THE REVISED SCHOOL CODE

ARTICLE 2

PART 16. BOARDS OF EDUCATION; POWERS AND DUTIES GENERALLY

§ 380.1277. School improvement plan; criteria for evaluation; intermediate school district plan; review and report

Sec. 1277. (1) Considering criteria established by the state board, in addition to the requirements specified in section 1280 for accreditation under that section, if the board of a school district wants all of the schools of the school district to be accredited under section 1280, the board shall adopt and implement and, not later than September 1 each year, shall make available to the department a copy of a 3- to 5-year school improvement plan and continuing school improvement process for each school within the school district. The school improvement plans shall include, but are not limited to, a mission statement, goals based on student academic objectives for all students, curriculum alignment corresponding with those goals, evaluation processes, staff development, development and utilization of community resources and volunteers, the role of adult and community education, libraries and community colleges in the learning community, and building level decision making. School board members, school building administrators, teachers and other school employees, pupils, parents of pupils attending that school, and other residents of the school district shall be invited and allowed to voluntarily participate in the development, review, and evaluation of the district's school improvement plans. Upon request of the board of a school district, the department and the intermediate school district shall assist the school district in the development and implementation of district school improvement plans. Educational organizations may also provide assistance for these purposes. School improvement plans described in this section shall be updated annually by each school and by the board of the school district.

(2) School improvement plans shall include at least all of the following additional matters:

(a) Goals centered on student academic learning.

(b) Strategies to accomplish the goals.

(d) Development of alternative measures of assessment that will provide authentic assessment of pupils' achievements, skills, and competencies.

(e) Methods for effective use of technology as a way of improving learning and delivery of services and for integration of evolving technology in the curriculum.

(f) Ways to make available in as many fields as practicable opportunities for structured on-the-job learning, such as apprenticeships and internships, combined with classroom instruction.

(3) Each intermediate school board shall adopt and implement and, not later than September 1 each year, shall make available to the department a copy of a 3- to 5-year intermediate school district school improvement plan and continuing school improvement process for the intermediate school district. Constituent and intermediate school board members, school building administrators, teachers and other school employees, pupils, parents of pupils, and residents of the intermediate school district shall be invited and allowed to voluntarily participate in the development, review, and evaluation of the intermediate school district's school improvement plan. Upon request of the intermediate school board, the department shall assist the intermediate school district in the development and implementation of an intermediate school district school improvement plan. An intermediate school district school improvement plan described in this section shall be updated annually by the intermediate school board. An intermediate school district school improvement plan shall include at least all of the following:

(a) Methods to assist districts in improving pupils' academic learning.

(b) Assurance that all pupils have reasonable access to all programs offered by the intermediate school district, including, but not limited to, transportation if necessary.

(d) Methods to assist school districts in integrating applied academics and career and employability skills into all curricular areas.

(e) Ways to make available in as many fields as practicable opportunities for structured on-the-job learning, such as apprenticeships and internships, combined with classroom instruction.

(f) Collaborative efforts with supporting agencies that enhance academic learning.

(g) Long-range cost containment measures, including additional services that might be provided at reduced costs by the intermediate school district or through cooperative programs, and cost reduction programs such as interdistrict cooperation in special education and other programs and services.

(h) To the extent that it would improve school effectiveness, specific recommendations on consolidation or enhanced interdistrict cooperation, or both, along with possible sources of revenue.

(i) Evaluation of the plan.

(4) The state board shall annually review a random sampling of school improvement plans. Based on its review, the state board shall annually submit a report on school improvement activities planned and accomplished by each of the school districts and intermediate school districts that were part of the sampling to the senate and house committees that have the responsibility for education legislation.

M.C.L.A. 388.1093

MICHIGAN COMPILED LAWS ANNOTATED

CHAPTER 388. SCHOOLS AND SCHOOL AID EDUCATION FOR THE GIFTED AND/OR ACADEMICALLY TALENTED ACT

§ 388.1093. Advisory commission; creation; appointment and qualifications of members; ex officio member and chairman; compensation

Sec. 3. (1) The advisory commission on education of the gifted and/or academically talented is created in the department of education. The commission consists of 20 members of which not more than 1/2 shall represent the education profession. The members shall be appointed by the state board of education. The state superintendent of public instruction or his designated agent shall be a nonvoting, ex officio member and shall serve as chairman. The commission membership shall include a director appointed by the state board of education, representatives of labor, business, or industry, a noneducational state governmental agency, local and intermediate school board members and administrators, a community college district, a 4-year college or university, a neighborhood education authority, a school psychologist, a specialist in the psychology and education of the gifted and/or academically talented students, a parent, a teacher, a counselor, a high school student, and a post high school student.

(2) The director shall be employed full time as a staff member of the department of education and shall carry out all administrative and organizational functions of the commission as well as any other duties concerning the needs of the gifted and/or academically talented students. Other members of the commission shall serve without compensation except for necessary and actual expenses incurred in the performance of their duties.

M.C.L.A. 15.183

MICHIGAN COMPILED LAWS ANNOTATED

CHAPTER 15. PUBLIC OFFICERS AND EMPLOYEES

INCOMPATIBLE PUBLIC OFFICES

§ 15.183. Applicability

Sec. 3. (1) Section 2 does not prohibit a public officer's or public employee's appointment or election to, or membership on, a governing board of an institution of higher education. However, a public officer or public employee shall not be a member of governing boards of more than 1 institution of higher education simultaneously, and a public officer or public employee shall not be an employee and member of a governing board of an institution of higher education simultaneously.

(2) Section 2 does not prohibit a member of a school board of 1 school district from being a superintendent of schools of another school district.

(3) Section 2 does not prohibit a public officer or public employee of a city, village, township, school district, community college district, or county from being appointed to and serving as a member of the board of a tax increment finance authority established pursuant to the tax increment finance authority act, Act No. 450 of the Public Acts of 1980, being > sections 125.1801 to > 125.1830 of the Michigan Compiled Laws, a downtown development authority established pursuant to Act No. 197 of the Public Acts of 1975, being > sections 125.1651 to > 125.1681 of the Michigan Compiled Laws, or a local development finance authority established pursuant to the local development financing act, Act No. 281 of the Public Acts of 1986, being > sections 125.2151 to > 125.2174 of the Michigan Compiled Laws.

(4) Section 2 does not do any of the following:

(a) Prohibit public officers or public employees of a city, village, township, or county having a population of less than 25,000 from serving, with or without compensation, as emergency medical services personnel as defined in section 20904 of the public health code, Act No. 368 of the Public Acts of 1978, being > section 333.20904 of the Michigan Compiled Laws.

(b) Prohibit public officers or public employees of a city, village, township, or county having a population of less than 25,000 from serving, with or without compensation, as a firefighter in that city, village, township, or county if that firefighter is not any of the following:

(i) A full-time firefighter.

(ii) A fire chief.

(iii) A person who negotiates with the city, village, township, or county on behalf of the firefighters.

(c) Limit the authority of the governing body of a city, village, township, or county having a population of less than 25,000 to authorize a public officer or public employee to perform, with or without compensation, other additional services for the unit of local government.

(5) This section does not relieve a person from otherwise meeting statutory or constitutional qualifications for eligibility to, or the continued holding of, a public office.

(6) This section does not apply to allow or sanction activity constituting conflict of interest prohibited by the constitution or laws of this state.

(7) This section does not allow or sanction specific actions taken in the course of performance of duties as a public official or as a member of a governing body of an institution of higher education that would result in a breach of duty as a public officer or board member.

M.C.L.A. 380.11a

MICHIGAN COMPILED LAWS ANNOTATED

CHAPTER 380. THE REVISED SCHOOL CODE

THE REVISED SCHOOL CODE

ARTICLE 1

PART 1. GENERAL PROVISIONS

§ 380.11a. General powers school districts, reclassification; rights, powers, and duties; agreements or cooperative arrangements; school board, governance, adoption of bylaws, elections; operation of libraries, museums or community recreational facilities

Sec. 11a. (1) Beginning on the effective date of this section, each school district formerly organized as a primary school district or as a school district of the fourth class, third class, or second class shall be a general powers school district under this act.

(2) Beginning on the effective date of this section, a school district operating under a special or local act shall operate as a general powers school district under this act except to the extent that the special or local act is inconsistent with this act. Upon repeal of a special or local act that governs a school district, that school district shall become a general powers school district under this act.

(3) A general powers school district has all of the rights, powers, and duties expressly stated in this act; may exercise a power implied or incident to any power expressly stated in this act; and, except as provided by law, may exercise a power incidental or appropriate to the performance of any function related to operation of the school district in the interests of public elementary and secondary education in the school district, including, but not limited to, all of the following:

(a) Educating pupils. In addition to educating pupils in grades K-12, this function may include operation of preschool, lifelong education, adult education, community education, training, enrichment, and recreation programs for other persons.

(b) Providing for the safety and welfare of pupils while at school or a school sponsored activity or while en route to or from school or a school sponsored activity.

(c) Acquiring, constructing, maintaining, repairing, renovating, disposing of, or conveying school property, facilities, equipment, technology, or furnishings.

(d) Hiring, contracting for, scheduling, supervising, or terminating employees, independent contractors, and others to carry out school district powers. A school district may indemnify its employees.

(e) Receiving, accounting for, investing, or expending school district money; borrowing money and pledging school district funds for repayment; and qualifying for state school aid and other public or private money from local, regional, state, or federal sources.

(4) A general powers school district may enter into agreements or cooperative arrangements with other entities, public or private, or join organizations as part of performing the functions of the school district.

(5) A general powers school district is a body corporate and shall be governed by a school board. An act of a school board is not valid unless approved, at a meeting of the school board, by a majority vote of the members lawfully serving on the board.

(6) The board of a general powers school district shall adopt bylaws. These bylaws may establish or change board procedures, the number of board officers, titles and duties of board officers, and any other matter related to effective and efficient functioning of the board. Regular meetings of the board shall be held at least once each month, at the time and place fixed by the bylaws. Special meetings may be called and held in the manner and for the purposes specified in the bylaws. Board procedures, bylaws, and policies in effect on the effective date of this section shall continue in effect until changed by action of the board.

(7) The board of a school district shall be elected as provided under this act and the Michigan election law, Act No. 116 of the Public Acts of 1954, being > sections 168.1 to > 168.992 of the Michigan Compiled Laws. The number of members of the board of a general powers school district and the term of office for a board member of a general powers school district shall remain the same as they were for that school district before the effective date of this section unless either or both are changed by the school electors of the school district at a regular or special election. A proposition for changing the number of board members or term of office may be placed on the ballot by action of the board or by petition submitted by school electors as provided under this act.

(8) On the effective date of this section, the board of each school district shall continue to be the board of the school district and to function in that capacity. A person lawfully serving on the effective date of this act as a member of the board of a school district shall continue to be a member of the board and shall continue in office for the remainder of the term for which the person was elected or appointed.

(9) Unless expressly provided in the amendatory act that added this section, the powers of a school board or school district are not diminished by this section or by the amendatory act that added this section.

(10) A school district operating a public library, public museum, or community recreational facility as of the effective date of the amendatory act that added this section may continue to operate the public library, public museum, or community recreational facility.