HB-4626, As Passed House, June 30, 2011

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4626

     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, sections 1 and 3 of article IV,

and section 2 of article V (MCL 38.74, 38.101, 38.103, and 38.112),

section 4 of article I and section 3 of article IV as amended by

2005 PA 124 and section 1 of article IV as amended by 2005 PA 136.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

ARTICLE I

     Sec. 4. The word "demote" means to suspend without pay for 15

or more consecutive days or reduce compensation for a particular

school year by more than an amount equivalent to 3 30 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, the discontinuance or reduction of

performance-based compensation paid pursuant to section 1250 of the

revised school code, 1976 PA 451, MCL 380.1250, or a reduction in

personnel, including, but not limited to, a reduction in workweeks

or workdays.

ARTICLE IV

     Sec. 1. (1) Except as otherwise provided in section 1a of this

article, discharge or demotion of a teacher on continuing tenure

may be made only for reasonable and just cause a reason that is not

arbitrary or capricious and only as provided in this act.

     (2) This act does not prevent any controlling board from

establishing a reasonable policy for retirement to apply equally to

all teachers who are eligible for retirement under the public

school employees retirement act of 1979, 1980 PA 300, MCL 38.1301

to 38.1408, 38.1437, or, having established a reasonable retirement

age policy, from temporarily continuing on a year-to-year basis on

criteria equally applied to all teachers the contract of any

teacher whom the controlling board might wish to retain beyond the

established retirement age for the benefit of the school system.

     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.

House Bill No. 4626 as amended June 30, 2011

     (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 Except as otherwise provided in subsections (3) and

(4), if a teacher is suspended as described in under subsection

(1), the teacher's salary shall continue during the suspension.

However, if the teacher

     (3) <<IF CRIMINAL CHARGES HAVE BEEN FILED AGAINST A TEACHER,>>

A controlling board may place <<THE>> teacher's salary in an

escrow account during a suspension under subsection (1). Before

placing the teacher's salary in an escrow account as described in

this subsection, the controlling board shall provide to the teacher

notice of the charges, an explanation of the employer's evidence,

and an opportunity for the teacher to respond, either in writing or

in person. Health or life insurance benefits, or both, may be

continued during the suspension at the option of the controlling

board. If the administrative law judge issues a preliminary

decision and order under section 4(5)(i) of this article to

reinstate the teacher or for payment for salary lost by the teacher

during the suspension, the controlling board shall release the

money in the escrow account to the teacher to the extent necessary

to effectuate the order. If the teacher fails to timely contest the

decision to proceed upon the charges or if the administrative law

judge issues a preliminary decision and order under section 4(5)(i)

of this article discharging or demoting the teacher, the

controlling board is entitled to the money in the escrow account.

     (4) If a teacher who is suspended under subsection (1) 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.

(5) (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.

ARTICLE V

     Sec. 2. (1) Any controlling board upon written request of a

teacher may grant leave of absence for a period not to exceed 1

year, subject to renewal at the will of the board. : Provided, That

without request, Additionally, a controlling board may grant a

leave of absence because of physical or mental disability may be

granted by any controlling board without receiving a written

request from a teacher for a period not to exceed 1 year, :

Provided further, That any subject to renewal at the will of the

controlling board. A teacher so who is placed on an unrequested

leave of absence shall have has the right to a hearing on such the

unrequested leave of absence in accordance with the provisions for

a hearing in section 4 of article 4. , section 4 of this act:

Provided, That no A leave of absence shall does not serve to

terminate continuing tenure previously acquired under this act.

     (2) As a condition to reinstating the teacher at the

expiration of the leave of absence, a controlling board may require

a teacher who is on an unrequested leave of absence due to physical

or mental disability to furnish verification acceptable to the

controlling board of the teacher's ability to perform his or her

essential job functions.

     Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 96th Legislature are

enacted into law:

     (a) House Bill No. 4625.

     (b) House Bill No. 4627.

     (c) House Bill No. 4628.