January 23, 2003, Introduced by Senator JOHNSON and referred to the Committee on
Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 1535a, 1539a, and 1539b (MCL 380.1535a,
380.1539a, and 380.1539b), as amended by 1995 PA 289, and by
adding section 1230c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1230c. (1) Subject to subsection (2), if a person
2 employed by a school district, intermediate school district,
3 public school academy, or nonpublic school is convicted of a
4 crime described in section 1535a(1), the prosecuting attorney
5 handling the case shall notify the superintendent of public
6 instruction and the person's employing school district,
7 intermediate school district, public school academy, or nonpublic
8 school of that conviction and of the sentence imposed on the
9 person. A prosecuting attorney handling a case in which a person
1 is convicted of a crime described in this section shall inquire
2 whether the person is employed by a school district, intermediate
3 school district, public school academy, or nonpublic school. If
4 the prosecution of a crime described in this section was not
5 authorized by the prosecuting attorney under section 1 of chapter
6 IV of the code of criminal procedure, 1927 PA 175, MCL 764.1,
7 then the court in which the conviction occurs shall fulfill the
8 duties of the prosecuting attorney under this subsection.
9 (2) This section does not apply to a person who is subject to
10 section 1535a, 1539a, or 1539b. Notification concerning
11 convictions of those persons shall occur as provided for in those
12 sections.
13 (3) As used in this section:
14 (a) "Conviction" means a judgment entered by a court upon a
15 plea of guilty, guilty but mentally ill, or nolo contendere or
16 upon a jury verdict or court finding that a defendant is guilty
17 or guilty but mentally ill.
18 (b) "Employing school district, intermediate school district,
19 public school academy, or nonpublic school" means the governing
20 board of the school district, intermediate school district,
21 public school academy, or nonpublic school by which the person is
22 employed or for which the person is providing services pursuant
23 to a contract.
24 (c) "Person employed by a school district, intermediate
25 school district, public school academy, or nonpublic school"
26 means a person employed directly by the governing board of a
27 school district, intermediate school district, public school
1 academy, or nonpublic school or a person providing services for a
2 school district, intermediate school district, public school
3 academy, or nonpublic school pursuant to a contract with its
4 governing board.
5 (d) "Prosecuting attorney" means the prosecuting attorney for
6 a county, an assistant prosecuting attorney for a county, the
7 attorney general, the deputy attorney general, an assistant
8 attorney general, a special prosecuting attorney, or, in
9 connection with the prosecution of an ordinance violation, an
10 attorney for the political subdivision that enacted the ordinance
11 upon which the violation is based.
12 Sec. 1535a. (1) Subject to subsection (2), if a person who
13 holds a teaching certificate that is valid in this state is
14 convicted of a crime
described in this subsection, the state
15 board superintendent of public instruction shall
notify the
16 person in writing that his or her teaching certificate may be
17 suspended because of the conviction and of his or her right to a
18 hearing before the state
board superintendent of public
19 instruction. If the person does not avail himself or herself of
20 this right to a hearing within 30 working days after receipt of
21 this written notification, the teaching certificate of that
22 person shall be
suspended. If a hearing takes place, the state
23 board superintendent of public instruction may
suspend the
24 person's teaching certificate based upon the issues and evidence
25 presented at the hearing. This subsection applies to any of the
26 following crimes:
27 (a) Any felony.
1 (b) Any of the following misdemeanors:
2 (i) Criminal sexual conduct in the fourth degree or an
3 attempt to commit criminal sexual conduct in the fourth degree.
4 (ii) Child abuse in the third or fourth degree, or
an
5 attempt to commit child abuse in the third or fourth degree, or
6 domestic violence involving a child.
7 (iii) A misdemeanor involving cruelty, Any of
the
8 following:
9 (A) Cruelty or
torture , or indecent exposure involving a
10 child.
11 (B) Indecent exposure or other lewd behavior.
12 (C) Use or possession of marihuana or another controlled
13 substance.
14 (D) Operating a vehicle under the influence of, or impaired
15 by, a controlled substance.
16 (iv) A misdemeanor violation of section 7410 of the public
17 health code, Act No.
368 of the Public Acts of 1978, being
18 section 333.7410 of
the Michigan Compiled Laws 1978
PA 368,
19 MCL 333.7410.
20 (v) A violation of section 115, 141a, 145a, or 167(1)(b),
21 167(1)(c), 167(1)(i), 359
or 448 of the Michigan penal code, Act
22 No. 328 of the Public
Acts of 1931, being sections 750.115,
23 750.141a, 750.145a,
and 750.359 of the Michigan Compiled Laws
24 1931 PA 328, MCL 750.115, 750.141a, 750.145a, 750.167, 750.359,
25 and 750.448, or a misdemeanor violation of section 81, 81a, or
26 145c of Act No. 328
of the Public Acts of 1931, being
27 sections 750.81,
750.81a, and 750.145c of the Michigan Compiled
1 Laws the Michigan penal code, 1931 PA 328, MCL 750.81, 750.81a,
2 and 750.145c.
3 (vi) A misdemeanor violation of section 33 of the Michigan
4 liquor control act,
Act No. 8 of the Public Acts of the Extra
5 Session of 1933, being
section 436.33 of the Michigan Compiled
6 Laws 701 of the Michigan liquor control
code of 1998, 1998 PA
7 58, MCL 436.1701.
8 (2) If a person who holds a teaching certificate that is
9 valid in this state is convicted of a crime described in this
10 subsection, the state
board superintendent of public
11 instruction shall find that the public health, safety, or welfare
12 requires emergency action and shall order summary suspension of
13 the person's teaching certificate under section 92 of the
14 administrative procedures
act of 1969, Act No. 306 of the Public
15 Acts of 1969, being
section 24.292 of the Michigan Compiled Laws
16 1969 PA 306, MCL 24.292. However, if a person convicted of a
17 crime described in this
subsection is incarcerated in a state
18 correctional facility secure confinement, the state board
19 superintendent of public instruction may delay ordering the
20 summary suspension until not later than 10 work days after the
21 person is released from secure confinement. This subsection does
22 not limit the state
board's superintendent of public
23 instruction's ability to order summary suspension of a person's
24 teaching certificate for a reason other than described in this
25 subsection. This subsection applies to conviction of any of the
26 following crimes:
27 (a) Criminal sexual conduct in any degree, assault with
1 intent to commit criminal sexual conduct, or an attempt to commit
2 criminal sexual conduct in any degree.
3 (b) Felonious assault on a child, child abuse in any degree,
4 or an attempt to commit child abuse in any degree.
5 (c) Cruelty, torture, or indecent exposure involving a
6 child.
7 (d) A violation of section 7401(2)(a)(i), 7403(2)(a)(i),
8 7410, or 7416 of the
public health code, Act No. 368 of the
9 Public Acts of 1978,
being sections 333.7401, 333.7403, 333.7410,
10 and 333.7416 of the Michigan
Compiled Laws 1978 PA 368,
11 MCL 333.7401, 333.7403, 333.7410, and 333.7416.
12 (e) A violation of section 83, 89, 91, 316, 317, or 529 of
13 the Michigan penal
code, Act No. 328 of the Public Acts of 1931,
14 being sections 750.83,
750.89, 750.91, 750.316, 750.317, and
15 750.529 of the Michigan
Compiled Laws 1931 PA 328, MCL
750.83,
16 750.89, 750.91, 750.316, 750.317, and 750.529.
17 (3) After the completion of a person's sentence, the person
18 may request a hearing
before the state board superintendent of
19 public instruction on reinstatement of his or her teaching
20 certificate. Based upon the issues and evidence presented at the
21 hearing, the state
board superintendent of public instruction
22 may reinstate, continue the suspension of, or permanently revoke
23 the person's teaching certificate.
24 (4) All of the following apply to a person described in this
25 section whose conviction is reversed upon final appeal:
26 (a) The person's teaching certificate shall be reinstated
27 upon his or her
notification to the state board superintendent
1 of public instruction of the reversal.
2 (b) If the suspension of the person's teaching certificate
3 under this section was the sole cause of his or her discharge
4 from employment, the person shall be reinstated, upon his or her
5 notification to the appropriate local or intermediate school
6 board of the reversal, with full rights and benefits, to the
7 position he or she would have had if he or she had been
8 continuously employed.
9 (5) The prosecuting
attorney of the county handling a case
10 in which a person who holds a teaching certificate was convicted
11 of a crime described in
subsection (1) shall notify the state
12 board superintendent of public instruction, and any
public
13 school, school district, intermediate school district, or
14 nonpublic school in which the person is employed, of that
15 conviction and of the
sentence imposed on the person. The A
16 prosecuting attorney of
each county shall inquire of each person
17 convicted in the
county handling a case in which a
person is
18 convicted of a crime described in subsection (1) shall inquire
19 whether the person holds a teaching certificate. If the
20 prosecution of a crime described in subsection (1) was not
21 authorized by the prosecuting attorney under section 1 of chapter
22 IV of the code of criminal procedure, 1927 PA 175, MCL 764.1,
23 then the court in which the conviction occurs shall fulfill the
24 duties of the prosecuting attorney under this subsection.
25 (6) If the superintendent of a school district or
26 intermediate school district, the chief administrative officer of
27 a nonpublic school, the president of the board of a school
1 district or intermediate school district, or the president of the
2 governing board of a nonpublic school is notified by a
3 prosecuting attorney or learns through an authoritative source
4 that a person who holds a teaching certificate and who is
5 employed at the time by the school district, intermediate school
6 district, or nonpublic school has been convicted of a crime
7 described in subsection (1), the superintendent, chief
8 administrative officer, or board president shall notify the
9 state board superintendent of public instruction of that
10 conviction.
11 (7) If a person convicted of a crime described in subsection
12 (2) is incarcerated in a
state correctional facility secure
13 confinement and the state
board superintendent of public
14 instruction delays summary suspension as described in subsection
15 (2), the state board superintendent
of public instruction shall
16 contact the department
of corrections correctional agency and
17 request to be notified before the person is released from secure
18 confinement. Upon
receipt of that request, the department of
19 corrections correctional agency shall notify the state
board
20 superintendent of public instruction at least 30 work days before
21 the person is released from secure confinement.
22 (8) For the purposes of this section, a certified copy of the
23 court record is conclusive evidence of conviction of a crime
24 described in this section. For the purposes of this section,
25 conviction of a crime
described in this subsection section is
26 considered to be reasonably and adversely related to the ability
27 of the person to serve in an elementary or secondary school and
1 is sufficient grounds for suspension or revocation of the
2 person's teaching certificate.
3 (9) This section does not do any of the following:
4 (a) Prohibit a person who holds a teaching certificate from
5 seeking monetary compensation from a school board or intermediate
6 school board if that right is available under a collective
7 bargaining agreement or another statute.
8 (b) Limit the rights and powers granted to a school district
9 or intermediate school district under a collective bargaining
10 agreement, this act, or another statute to discipline or
11 discharge a person who holds a teaching certificate.
12 (c) Exempt a person who holds a teaching certificate from the
13 operation of section 1539a if the person also holds a school
14 administrator's certificate.
15 (10) The state
board superintendent of public instruction
16 may promulgate, as necessary, rules to implement this section
17 pursuant to the
administrative procedures act of 1969, Act
18 No. 306 of the Public
Acts of 1969, being sections 24.201 to
19 24.328 of the Michigan
Compiled Laws 1969 PA 306, MCL
24.201 to
20 24.328.
21 (11) As used in this section:
22 (a) "Conviction" means a judgment entered by a court upon a
23 plea of guilty, guilty but mentally ill, or nolo contendere or
24 upon a jury verdict or court finding that a defendant is guilty
25 or guilty but mentally ill.
26 (b) "State
correctional facility" means a correctional
27 facility under the
jurisdiction of the department of
1 corrections. "Correctional agency" means the city,
county,
2 state, or federal agency responsible for providing the secure
3 confinement.
4 (c) "Prosecuting attorney" means the prosecuting attorney for
5 a county, an assistant prosecuting attorney for a county, the
6 attorney general, the deputy attorney general, an assistant
7 attorney general, a special prosecuting attorney, or, in
8 connection with the prosecution of an ordinance violation, an
9 attorney for the political subdivision that enacted the ordinance
10 upon which the violation is based.
11 Sec. 1539a. (1) Subject to subsection (2), if a person who
12 holds a school administrator's certificate that is valid in this
13 state is convicted of a crime described in this subsection, the
14 state board superintendent of public instruction shall
notify
15 the person in writing that his or her school administrator's
16 certificate may be suspended because of the conviction and of his
17 or her right to a hearing
before the state board superintendent
18 of public instruction. If the person does not avail himself or
19 herself of this right to a hearing within 30 working days after
20 receipt of this written notification, the school administrator's
21 certificate of that person shall be suspended. If a hearing
22 takes place, the state
board superintendent of public
23 instruction may suspend the person's school administrator's
24 certificate based upon the issues and evidence presented at the
25 hearing. This subsection applies to any of the following
26 crimes:
27 (a) Any felony.
1 (b) Any of the following misdemeanors:
2 (i) Criminal sexual conduct in the fourth degree or an
3 attempt to commit criminal sexual conduct in the fourth degree.
4 (ii) Child abuse in the third or fourth degree, or
an
5 attempt to commit child abuse in the third or fourth degree, or
6 domestic violence involving a child.
7 (iii) A misdemeanor involving cruelty, any of
the
8 following:
9 (A) Cruelty or
torture , or indecent exposure involving a
10 child.
11 (B) Indecent exposure or other lewd behavior.
12 (C) Use or possession of marihuana or another controlled
13 substance.
14 (D) Operating a vehicle under the influence of, or impaired
15 by, a controlled substance.
16 (iv) A misdemeanor violation of section 7410 of the public
17 health code, Act No.
368 of the Public Acts of 1978, being
18 section 333.7410 of
the Michigan Compiled Laws 1978
PA 368,
19 MCL 333.7410.
20 (v) A violation of section 115, 141a, 145a, or 167(1)(B),
21 167(1)(C), 167(1)(I), 359, or 448 of the Michigan penal code,
22 Act No. 328 of the
Public Acts of 1931, being sections 750.115,
23 750.141a, 750.145a,
and 750.359 of the Michigan Compiled Laws
24 1931 PA 328, MCL 750.115, 750.141a, 750.145a, 750.167, 750.359,
25 and 750.448, or a misdemeanor violation of section 81, 81a, or
26 145c of Act No. 328
of the Public Acts of 1931, being
27 sections 750.81,
750.81a, and 750.145c of the Michigan Compiled
1 Laws the Michigan penal code, 1931 PA 328, MCL 750.81, 750.81a,
2 and 750.145c.
3 (vi) A misdemeanor violation of section 33 of the Michigan
4 liquor control act,
Act No. 8 of the Public Acts of the Extra
5 Session of 1933, being
section 436.33 of the Michigan Compiled
6 Laws 701 of the Michigan liquor control
code of 1998, 1998
7 PA 58, MCL 436.1701.
8 (2) If a person who holds a school administrator's
9 certificate that is valid in this state is convicted of a crime
10 described in this
subsection, the state board superintendent of
11 public instruction shall find that the public health, safety, or
12 welfare requires emergency action and shall order summary
13 suspension of the person's school administrator's certificate
14 under section 92 of the administrative procedures act of 1969,
15 Act No. 306 of the
Public Acts of 1969, being section 24.292 of
16 the Michigan
Compiled Laws 1969 PA 306, MCL
24.292. However, if
17 a person convicted of a crime described in this subsection is
18 incarcerated in a
state correctional facility secure
19 confinement, the state
board superintendent of public
20 instruction may delay ordering the summary suspension until not
21 later than 10 work days after the person is released from secure
22 confinement. This
subsection does not limit the state board's
23 superintendent of public instruction's ability to order summary
24 suspension of a person's school administrator's certificate for a
25 reason other than described in this subsection. This subsection
26 applies to conviction of any of the following crimes:
27 (a) Criminal sexual conduct in any degree, assault with
1 intent to commit criminal sexual conduct, or an attempt to commit
2 criminal sexual conduct in any degree.
3 (b) Felonious assault on a child, child abuse in any degree,
4 or an attempt to commit child abuse in any degree.
5 (c) Cruelty, torture, or indecent exposure involving a
6 child.
7 (d) A violation of section 7401(2)(a)(i), 7403(2)(a)(i),
8 7410, or 7416 of the
public health code, Act No. 368 of the
9 Public Acts of 1978,
being sections 333.7401, 333.7403, 333.7410,
10 and 333.7416 of the
Michigan Compiled Laws 1978 PA
368,
11 MCL 333.7401, 333.7403, 333.7410, and 333.7416.
12 (e) A violation of section 83, 89, 91, 316, 317, or 529 of
13 the Michigan penal code, Act
No. 328 of the Public Acts of 1931,
14 being sections 750.83,
750.89, 750.91, 750.316, 750.317, and
15 750.529 of the
Michigan Compiled Laws 1931 PA
328, MCL 750.83,
16 750.89, 750.91, 750.316, 750.317, and 750.529.
17 (3) After the completion of the person's sentence, the person
18 may request a hearing
before the state board superintendent of
19 public instruction on reinstatement of his or her school
20 administrator's certificate. Based upon the issues and evidence
21 presented at the hearing,
the state board superintendent of
22 public instruction may reinstate, continue the suspension of, or
23 permanently revoke the person's school administrator's
24 certificate.
25 (4) All of the following apply to a person described in this
26 section whose conviction is reversed upon final appeal:
27 (a) The person's school administrator's certificate shall be
1 reinstated upon his or
her notification to the state board
2 superintendent of public instruction of the reversal.
3 (b) If the suspension of the person's school administrator's
4 certificate under this section was the sole cause of his or her
5 discharge from employment, the person shall be reinstated, upon
6 his or her notification to the appropriate local or intermediate
7 school board of the reversal, with full rights and benefits, to
8 the position he or she would have had if he or she had been
9 continuously employed.
10 (5) The prosecuting
attorney of the county handling a case
11 in which a person who holds a school administrator's certificate
12 was convicted of a crime described in subsection (1) shall notify
13 the state board superintendent
of public instruction, and any
14 public school, school district, intermediate school district, or
15 nonpublic school in which the person is employed, of that
16 conviction and of the
sentence imposed on the person. The A
17 prosecuting attorney of
each county shall inquire of each person
18 convicted in the
county handling a case in which a
person is
19 convicted of a crime described in subsection (1) shall inquire
20 whether the person holds a school administrator's certificate.
21 If the prosecution of a crime described in subsection (1) was not
22 authorized by the prosecuting attorney under section 1 of chapter
23 IV of the code of criminal procedure, 1927 PA 175, MCL 764.1,
24 then the court in which the conviction occurs shall fulfill the
25 duties of the prosecuting attorney under this subsection.
26 (6) If the superintendent of a school district or
27 intermediate school district, the chief administrative officer of
1 a nonpublic school, the president of the board of a school
2 district or intermediate school district, or the president of the
3 governing board of a nonpublic school is notified by a
4 prosecuting attorney or learns through an authoritative source
5 that a person who holds a school administrator's certificate and
6 who is employed at the time by the school district, intermediate
7 school district, or nonpublic school has been convicted of a
8 crime described in subsection (1), the superintendent, chief
9 administrative officer, or board president shall notify the
10 state board superintendent of public instruction of that
11 conviction.
12 (7) If a person convicted of a crime described in subsection
13 (2) is incarcerated in a
state correctional facility secure
14 confinement and the state
board superintendent of public
15 instruction delays summary suspension as described in subsection
16 (2), the state board superintendent
of public instruction shall
17 contact the department
of corrections correctional agency and
18 request to be notified before the person is released from secure
19 confinement. Upon
receipt of that request, the department of
20 corrections correctional agency shall notify the state
board
21 superintendent of public instruction at least 30 work days before
22 the person is released from secure confinement.
23 (8) For the purposes of this section, a certified copy of the
24 court record is conclusive evidence of conviction of a crime
25 described in this section. For the purposes of this section,
26 conviction of a crime
described in this subsection section is
27 considered to be reasonably and adversely related to the ability
1 of the person to serve in an elementary or secondary school and
2 is sufficient grounds for suspension or revocation of the
3 person's school administrator's certificate.
4 (9) This section does not do any of the following:
5 (a) Prohibit a person who holds a school administrator's
6 certificate from seeking monetary compensation from a school
7 board or intermediate school board if that right is available
8 under a collective bargaining agreement or another statute.
9 (b) Limit the rights and powers granted to a school district
10 or intermediate school district under a collective bargaining
11 agreement, this act, or another statute to discipline or
12 discharge a person who holds a school administrator's
13 certificate.
14 (c) Exempt a person who holds a school administrator's
15 certificate from the operation of section 1535a.
16 (10) The state
board superintendent of public instruction
17 may promulgate, as necessary, rules to implement this section
18 pursuant to the
administrative procedures act of 1969, Act
19 No. 306 of the Public
Acts of 1969, being sections 24.201 to
20 24.328 of the Michigan
Compiled Laws 1969 PA 306, MCL
24.201 to
21 24.328.
22 (11) As used in this section:
23 (a) "Conviction" means a judgment entered by a court upon a
24 plea of guilty, guilty but mentally ill, or nolo contendere or
25 upon a jury verdict or court finding that a defendant is guilty
26 or guilty but mentally ill.
27 (b) "State
correctional facility" means a correctional
1 facility under the
jurisdiction of the department of
2 corrections. "Correctional agency" means the city,
county,
3 state, or federal agency responsible for providing the secure
4 confinement.
5 (c) "Prosecuting attorney" means the prosecuting attorney for
6 a county, an assistant prosecuting attorney for a county, the
7 attorney general, the deputy attorney general, an assistant
8 attorney general, a special prosecuting attorney, or, in
9 connection with the prosecution of an ordinance violation, an
10 attorney for the political subdivision that enacted the ordinance
11 upon which the violation is based.
12 Sec. 1539b. (1) Subject to subsection (2), if a person who
13 holds state board approval is convicted of a crime described in
14 this subsection, the state
board superintendent of public
15 instruction shall notify the person in writing that his or her
16 state board approval may be suspended because of the conviction
17 and of his or her right
to a hearing before the state board
18 superintendent of public instruction. If the person does not
19 avail himself or herself of this right to a hearing within 30
20 working days after receipt of this written notification, the
21 person's state board approval shall be suspended. If a hearing
22 takes place, the state
board superintendent of public
23 instruction may suspend the person's state board approval, based
24 upon the issues and evidence presented at the hearing. This
25 subsection applies to any of the following crimes:
26 (a) Any felony.
27 (b) Any of the following misdemeanors:
1 (i) Criminal sexual conduct in the fourth degree or an
2 attempt to commit criminal sexual conduct in the fourth degree.
3 (ii) Child abuse in the third or fourth degree, or
an
4 attempt to commit child abuse in the third or fourth degree, or
5 domestic violence involving a child.
6 (iii) A misdemeanor involving cruelty, any of
the
7 following:
8 (A) Cruelty or
torture , or indecent exposure involving a
9 child.
10 (B) Indecent exposure or other lewd behavior.
11 (C) Use or possession of marihuana or another controlled
12 substance.
13 (D) Operating a vehicle under the influence of, or impaired
14 by, a controlled substance.
15 (iv) A misdemeanor violation of section 7410 of the public
16 health code, Act No.
368 of the Public Acts of 1978, being
17 section 333.7410 of
the Michigan Compiled Laws 1978
PA 368, MCL
18 333.7410.
19 (v) A violation of section 115, 141a, 145a, or 167(1)(B),
20 167(1)(C), 167(1)(I), 359, or 448 of the Michigan penal code,
21 Act No. 328 of the
Public Acts of 1931, being sections 750.115,
22 750.141a, 750.145a,
and 750.359 of the Michigan Compiled Laws
23 1931 PA 328, MCL 750.115, 750.141a, 750.145a, 750.167, 750.359,
24 and 750.448, or a misdemeanor violation of section 81, 81a, or
25 145c of Act No. 328
of the Public Acts of 1931, being sections
26 750.81, 750.81a, and
750.145c of the Michigan Compiled Laws the
27 Michigan penal code, 1931 PA 328, MCL 750.81, 750.81a, and
1 750.145c.
2 (vi) A misdemeanor violation of section 33 of the
Michigan
3 liquor control act,
Act No. 8 of the Public Acts of the Extra
4 Session of 1933, being
section 436.33 of the Michigan Compiled
5 Laws 701 of the Michigan liquor control code of 1998,
1998 PA
6 58, MCL 436.1701.
7 (2) If a person who holds state board approval is convicted
8 of a crime described in
this subsection, the state board
9 superintendent of public instruction shall find that the public
10 health, safety, or welfare requires emergency action and shall
11 order summary suspension of the person's state board approval
12 under section 92 of the administrative procedures act of 1969,
13 Act No. 306 of the
Public Acts of 1969, being section 24.292 of
14 the Michigan Compiled
Laws 1969 PA 306, MCL 24.292.
However, if
15 a person convicted of a crime described in this subsection is
16 incarcerated in a
state correctional facility secure
17 confinement, the state
board superintendent of public
18 instruction may delay ordering the summary suspension until not
19 later than 10 work days after the person is released from secure
20 confinement. This subsection
does not limit the state board's
21 superintendent of public instruction's ability to order summary
22 suspension of a person's state board approval for a reason other
23 than described in this subsection. This subsection applies to
24 conviction of any of the following crimes:
25 (a) Criminal sexual conduct in any degree, assault with
26 intent to commit criminal sexual conduct, or an attempt to commit
27 criminal sexual conduct in any degree.
1 (b) Felonious assault on a child, child abuse in any degree,
2 or an attempt to commit child abuse in any degree.
3 (c) Cruelty, torture, or indecent exposure involving a
4 child.
5 (d) A violation of section 7401(2)(a)(i), 7403(2)(a)(i),
6 7410, or 7416 of the
public health code, Act No. 368 of the
7 Public Acts of 1978,
being sections 333.7401, 333.7403, 333.7410,
8 and 333.7416 of the
Michigan Compiled Laws 1978 PA
368, MCL
9 333.7401, 333.7403, 333.7410, and 333.7416.
10 (e) A violation of section 83, 89, 91, 316, 317, or 529 of
11 the Michigan penal code, Act
No. 328 of the Public Acts of 1931,
12 being sections 750.83,
750.89, 750.91, 750.316, 750.317, and
13 750.529 of the
Michigan Compiled Laws 1931 PA
328, MCL 750.83,
14 750.89, 750.91, 750.316, 750.317, and 750.529.
15 (3) After the completion of the person's sentence, the person
16 may request a hearing
before the state board superintendent of
17 public instruction on reinstatement of his or her state board
18 approval. Based upon the issues and evidence presented at the
19 hearing, the state
board superintendent of public instruction
20 may reinstate, continue the suspension of, or permanently revoke
21 the person's state board approval.
22 (4) All of the following apply to a person described in this
23 section whose conviction is reversed upon final appeal:
24 (a) The person's state board approval shall be reinstated
25 upon his or her
notification to the state board superintendent
26 of public instruction of the reversal.
27 (b) If the suspension of the state board approval was the
1 sole cause of his or her discharge from employment, the person
2 shall be reinstated upon his or her notification to the
3 appropriate local or intermediate school board of the reversal,
4 with full rights and benefits, to the position he or she would
5 have had if he or she had been continuously employed.
6 (5) The prosecuting
attorney of the county handling a case
7 in which a person who holds state board approval was convicted of
8 a crime described in
subsection (1) shall notify the state
9 board superintendent of public instruction, and any
public
10 school, school district, intermediate school district, or
11 nonpublic school in which the person is employed, of that
12 conviction and of the
sentence imposed on the person. The A
13 prosecuting attorney of
each county shall inquire of each person
14 convicted in the
county handling a case in which a
person is
15 convicted of a crime described in subsection (1) shall inquire
16 whether the person holds state board approval. If the
17 prosecution of a crime described in subsection (1) was not
18 authorized by the prosecuting attorney under section 1 of chapter
19 IV of the code of criminal procedure, 1927 PA 175, MCL 764.1,
20 then the court in which the conviction occurs shall fulfill the
21 duties of the prosecuting attorney under this subsection. The
22 state board superintendent of public instruction shall
make
23 available to prosecuting attorneys and courts a list of school
24 occupations that commonly require state board approval.
25 (6) If the superintendent of a school district or
26 intermediate school district, the chief administrative officer of
27 a nonpublic school, the president of the board of a school
1 district or intermediate school district, or the president of the
2 governing board of a nonpublic school is notified by a
3 prosecuting attorney or learns through an authoritative source
4 that a person who holds state board approval and who is employed
5 at the time by the school district, intermediate school district,
6 or nonpublic school has been convicted of a crime described in
7 subsection (1), the superintendent, chief administrative officer,
8 or board president shall
notify the state board superintendent
9 of public instruction of that conviction.
10 (7) If a person convicted of a crime described in subsection
11 (2) is incarcerated in a
state correctional facility secure
12 confinement and the state
board superintendent of public
13 instruction delays summary suspension as described in subsection
14 (2), the state board superintendent
of public instruction shall
15 contact the department
of corrections correctional agency and
16 request to be notified before the person is released from secure
17 confinement. Upon receipt
of that request, the department of
18 corrections correctional agency shall notify the state
board
19 superintendent of public instruction at least 30 work days before
20 the person is released from secure confinement.
21 (8) For the purposes of this section, a certified copy of the
22 court record is conclusive evidence of conviction of a crime
23 described in this section. For the purposes of this section,
24 conviction of a crime
described in this subsection section is
25 considered to be reasonably and adversely related to the ability
26 of the person to serve in an elementary or secondary school and
27 is sufficient grounds for suspension or revocation of the
1 person's state board approval.
2 (9) This section does not do any of the following:
3 (a) Prohibit a person who holds state board approval from
4 seeking monetary compensation from a school board or intermediate
5 school board if that right is available under a collective
6 bargaining agreement or another statute.
7 (b) Limit the rights and powers granted to a school district
8 or intermediate school district under a collective bargaining
9 agreement, this act, or another statute to discipline or
10 discharge a person who holds state board approval.
11 (c) Exempt a person who holds state board approval from the
12 operation of section 1535a or 1539a, or both, if the person holds
13 a certificate subject to 1 or both of those sections.
14 (d) Limit the ability of a state licensing body to take
15 action against a person's license or registration for the same
16 conviction.
17 (10) The state board
superintendent of public instruction
18 may promulgate, as necessary, rules to implement this section
19 pursuant to the
administrative procedures act of 1969, Act
20 No. 306 of the Public
Acts of 1969, being sections 24.201 to
21 24.328 of the Michigan
Compiled Laws 1969 PA 306, MCL
24.201 to
22 24.328.
23 (11) As used in this section:
24 (a) "Conviction" means a judgment entered by a court upon a
25 plea of guilty, guilty but mentally ill, or nolo contendere or
26 upon a jury verdict or court finding that a defendant is guilty
27 or guilty but mentally ill.
1 (b) "Correctional agency" means the city, county, state, or
2 federal agency responsible for providing the secure confinement.
3 (c) "Prosecuting attorney" means the prosecuting attorney for
4 a county, an assistant prosecuting attorney for a county, the
5 attorney general, the deputy attorney general, an assistant
6 attorney general, a special prosecuting attorney, or, in
7 connection with the prosecution of an ordinance violation, an
8 attorney for the political subdivision that enacted the ordinance
9 upon which the violation is based.
10 (d) (b) "State
board approval" means a license,
11 certificate, endorsement, permit, approval, or other evidence of
12 qualifications to hold a particular position in a school district
13 or intermediate school district or in a nonpublic school, other
14 than a teacher's certificate subject to section 1535a or a school
15 administrator's certificate subject to section 1539a, that is
16 issued to a person by the state board or the superintendent of
17 public instruction under this act or a rule promulgated under
18 this act.
19 (c) "State
correctional facility" means a correctional
20 facility under the
jurisdiction of the department of
21 corrections.