September 24, 2003, Introduced by Reps. Taub, Amos, Ward, Howell, Drolet, DeRoche, Milosch, Sheen and Wenke and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 951, 952, 953, 953a, 954, 955, and 971 (MCL
380.951, 380.952, 380.953, 380.953a, 380.954, 380.955, and
380.971), section 951 as amended by 1990 PA 147, section 952 as
amended by 1982 PA 370, and section 953a as added and section 971
as amended by 1995 PA 289, and by adding section 951a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 951. (1) An
Subject to section 951a, an intermediate
2 school board may detach territory from 1 school district and
3 attach the territory to
another school district if in any of
4 the following circumstances:
5 (a) If requested to do so by resolution of the board of a
6 school district whose boundaries would be changed by the action.
7 ; subject
1 (b) Subject to
subsection (2) (3), by resolution of the
2 board of a condominium association acting pursuant to a petition
3 signed by not less than 2/3 of the co-owners of the condominium
4 association who reside on
the land to be transferred. ; or if
5 (c) If petitioned by not less than 2/3 of the persons who own
6 and reside on the land to be transferred.
7 (2) The intermediate school board shall take final action
8 within 60 days after the receipt of the resolution or petition.
9 The territory to be detached shall be contiguous to the school
10 district to which it is
attached. If Subject to section 951a,
11 if the latest assessed
valuation taxable value of the territory
12 to be detached is more
than 10% of the latest assessed
13 valuation taxable value of the entire school district
from which
14 the territory is to be detached, the action of the intermediate
15 school board shall not be effective unless approved by an
16 affirmative vote of a majority of the school electors of the
17 school district from which the territory is to be detached.
18 (3) (2) The
board of a condominium association may request
19 that an intermediate school board detach territory from 1 school
20 district and attach the territory to another school district as
21 described in subsection (1) only if the board of the condominium
22 association represents the co-owners of a condominium project
23 that is completed and not less than 75% of the units are sold and
24 occupied.
25 Sec. 951a. (1) An intermediate school board shall transfer
26 territory under this section by detaching territory from 1 school
27 district and attaching the territory to another school district
1 that is contiguous to the territory if all of the following are
2 met:
3 (a) The territory to be transferred is a subdivision,
4 village, city, or township that includes property in more than 1
5 school district or is a subdivision that is located in a village,
6 city, or township that includes property in more than 1 school
7 district.
8 (b) The territory to be transferred has not been previously
9 transferred under this section within the immediately preceding
10 15 years.
11 (c) The intermediate school board is petitioned to make the
12 transfer by not less than a majority of the persons who own
13 property and reside in the territory to be transferred. If the
14 affected school districts are in more than 1 intermediate school
15 district, the petition may be filed with either intermediate
16 school board. The petition shall specifically include all of the
17 following:
18 (i) The boundaries of the territory to be transferred.
19 (ii) The total number of mills of ad valorem property tax
20 levied by the school district from which the territory is to be
21 detached, including both operating millage and debt millage.
22 (iii) The total number of mills of ad valorem property tax
23 levied by the school district to which the territory is to be
24 attached, including both operating millage and debt millage.
25 (iv) A statement that the territory may continue to be part
26 of the school district from which it is detached for the purpose
27 of levying debt retirement taxes for bonded indebtedness existing
1 at the time of the transfer until the bonds are redeemed, but
2 that the territory will be a part of the school district to which
3 it is to be attached for all other purposes.
4 (d) The board of the school district to which the territory
5 is to be attached approves the proposed transfer.
6 (e) The transfer is approved by a majority of those school
7 electors residing in the territory to be transferred voting on
8 the question. The election shall be conducted by the board of
9 the school district to which the territory is to be attached.
10 (2) A transfer of territory under this section is not subject
11 to approval by the school electors or school board of the school
12 district from which the territory is detached.
13 (3) If an intermediate school board receives a petition under
14 subsection (1)(c), all of the following apply:
15 (a) The intermediate school board shall notify the board of
16 the school district to which the territory is to be attached of
17 the petition and forward the petition to that board within 3 days
18 after receiving the petition.
19 (b) The board of the school district to which the territory
20 is to be attached shall act to approve or disapprove the proposed
21 transfer within 45 days after receiving the petition.
22 (c) If the board of the school district to which the
23 territory is to be attached approves the transfer, that board
24 shall conduct the election required under subsection (1)(e)
25 within 60 days after approving the proposed transfer.
26 (d) If the transfer of territory is approved at the election,
27 the transfer of territory takes effect at the beginning of the
1 next school fiscal year immediately following final certification
2 of the election results.
3 (4) As used in this section, "subdivision" means a
4 subdivision platted under the land division act, 1967 PA 288, MCL
5 560.101 to 560.293, or under a predecessor act, or a condominium
6 project with a condominium subdivision plan under section 66 of
7 the condominium act, 1978 PA 59, MCL 559.166, that has been
8 recorded by the register of deeds.
9 Sec. 952. The For
a transfer of territory under section
10 951, the intermediate superintendent shall give 10 days' notice
11 of the time and place of the meeting of the intermediate school
12 board and of the proposed alterations in school district
13 boundaries to be considered by publication once before the
14 meeting in newspapers of general circulation in the territory of
15 the affected school districts.
16 Sec. 953. If the territory of school districts the
17 boundaries of which are
affected by the a proposed alteration
18 under section 951 extends into 2 or more intermediate school
19 districts, the intermediate school board of each intermediate
20 school district shall meet jointly and sit as a single board to
21 act upon the request for the transfer of territory. The
22 resolution or petition for the transfer of territory may be filed
23 with the intermediate school board of 1 of the intermediate
24 school districts. The intermediate superintendent shall call the
25 joint meeting of the affected intermediate school boards and give
26 the notice of the intermediate school districts' meeting under
27 section 952. Action on the resolution or petition for transfer
1 of territory shall be taken only at a meeting attended by at
2 least a quorum of each of the intermediate school boards. The
3 intermediate school boards meeting jointly shall elect 1 of their
4 members chairperson and another secretary of the meeting.
5 Sec. 953a. In making a decision on a proposed transfer of
6 territory under this
part section 951, the intermediate school
7 board, or the intermediate school boards meeting jointly, shall
8 consider the welfare of the affected pupil, including, but not
9 limited to, the length of the pupil's commute to and from school,
10 on a school bus or otherwise.
11 Sec. 954. If the intermediate school board or the joint
12 intermediate school
boards approve alterations in the boundaries
13 of school districts a transfer of territory under section 951 or
14 if there is a transfer of territory under section 951a, the board
15 or joint boards shall cause a map to be prepared showing in
16 detail the boundaries of the affected school districts before
17 alteration and the boundaries of territory attached or detached.
18 A copy of the map bearing the certification of the intermediate
19 superintendent or the chairperson of the joint boards shall be
20 filed with the secretary of each affected school district and
21 with each affected township supervisor or city assessor.
22 Sec. 955. (1)
The For a transfer of territory under
23 section 951, the intermediate school board or joint intermediate
24 school boards shall determine the effective date of the transfer,
25 which shall not be less than 10 days after the date of the
26 determination. ,
and
27 (2) For a transfer of territory under either section 951 or
1 951a, the intermediate school board or joint intermediate school
2 boards shall determine whether personal property of a school
3 district is to be transferred. If real property owned by a
4 school district is located in the territory to be transferred to
5 another school district, the intermediate school board shall
6 determine an equitable payment for the loss of the property. The
7 intermediate school board or joint intermediate school boards may
8 require an accounting from the affected boards of education and,
9 for the purpose of making the determination, may adjourn subject
10 to the call of the president of the intermediate school board or
11 chairperson of the joint intermediate school boards.
12 Sec. 971. (1) One
Except as otherwise provided in
13 subsection (3), 1 or more resident owners of land considered for
14 transfer from 1 school district to another, or the board of a
15 school district whose territory is affected, may appeal the
16 action of the intermediate school board or joint intermediate
17 school boards in transferring the land, the failure to transfer
18 the land, or action relative to the accounting determination to
19 the state board superintendent
of public instruction within 10
20 days after the action or determination by the intermediate school
21 board or the joint intermediate school boards. If the
22 intermediate school board or the joint intermediate school boards
23 fail to take action within the time limit under section 951, the
24 appeal may be made to the
state board superintendent of public
25 instruction within 10 days following the termination of the
26 period. The pendency of an appeal shall suspend the action or
27 determination of the intermediate school board or joint
1 intermediate school boards.
2 (2) The state
board Upon appeal under subsection (1), the
3 superintendent of public instruction may confirm, modify, or set
4 aside the order of the intermediate school board or the joint
5 intermediate school
boards. In considering an appeal, the state
6 board superintendent of public instruction shall
consider the
7 welfare of the any
affected pupil pupils, including, but not
8 limited to, the length of
the pupil's pupils' commute to and
9 from school, on a school bus or otherwise. The action of the
10 state board superintendent of public instruction on the
appeal
11 is final.
12 (3) This section does not apply to a transfer of territory
13 under section 951a.