SB-0609, As Passed Senate, September 13, 2005

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 609

     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 4 of article I and section 3 of article IV (MCL

38.74 and 38.103), as amended by 1993 PA 60, and by adding section

1a to article IV.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

ARTICLE I

     Sec. 4. The word "demote" means to reduce compensation for a

particular school year by more than an amount equivalent to 3 days'

compensation or to transfer to a position carrying a lower salary.

However, demote does not include discontinuance of salary pursuant

to section 3 of article IV.

ARTICLE IV

     Sec. 1a. The rights of a teacher on continuing tenure under

this article are subject to sections 1230d(4) and 1535a(4) and (5)

of the revised school code, 1976 PA 451, MCL 380.1230d and

380.1535a. For the purposes of this article, a conviction of a

violation of section 1230d of the revised school code, 1976 PA 451,

MCL 380.1230d, or a violation of 1 of the crimes listed in section

1535a(1) of the revised school code, 1976 PA 451, MCL 380.1535a, is

considered to be reasonably and adversely related to the ability of

the person to serve in an elementary or secondary school and is

sufficient grounds to support the discharge or demotion of a

teacher on continuing tenure.

     Sec. 3. (1) On the filing of charges in accordance with this

article, the controlling board may suspend the accused teacher from

active performance of duty until 1 of the following occurs:

     (a) The teacher fails to contest the decision to proceed upon

the charges within the time period specified in section 4(1) of

this article.

     (b) A preliminary decision and order discharging or demoting

the teacher is issued by the administrative law judge under section

4(5)(i) of this article.

     (c) If the preliminary decision and order is to reinstate the

teacher, a final decision and order is rendered by the tenure

commission under section 4(5)(m) of this article.

     (2) If a teacher is suspended as described in subsection (1),

the teacher's salary shall continue during the suspension. However,

if the teacher is convicted of a felony that is not a listed

offense or of a misdemeanor that is a listed offense, the

controlling board may discontinue the teacher's salary effective

upon the date of the conviction. If the teacher is convicted of a

felony that is a listed offense, the controlling board shall

discontinue the teacher's salary effective upon the date of

conviction. As used in this subsection, "listed offense" means that

term as defined in section 2 of the sex offenders registration act,

1994 PA 295, MCL 28.722.

     (3) If a preliminary decision and order discharging a teacher

is issued by the administrative law judge and the tenure commission

subsequently reverses the preliminary decision and order of the

administrative law judge, the tenure commission may order back pay.

     Enacting section 1. This amendatory act takes effect January

1, 2006.

     Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 93rd Legislature are

enacted into law:

     (a) Senate Bill No. 601.

     (b) Senate Bill No. 611.

     (c) House Bill No. 4402.

     (d) House Bill No. 4928.

     (e) House Bill No. 4930.

     (f) House Bill No. 4991.