HOUSE BILL No. 4106 January 28, 1997, Introduced by Reps. Brackenridge, Hammerstrom, Dobronski and Jansen and referred to the Committee on Education. A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 4, 5, 6, 11a, 503, 513, 613, 616, 617, 661, 681, 687, 690, 701, 702, 703, 705, 856, 857, 858, 859, 861, 931, 945, 1212, 1216, 1351, 1361, and 1722 (MCL 380.4, 380.5, 380.6, 380.11a, 380.503, 380.513, 380.613, 380.616, 380.617, 380.661, 380.681, 380.687, 380.690, 380.701, 380.702, 380.703, 380.705, 380.856, 380.857, 380.858, 380.859, 380.861, 380.931, 380.945, 380.1212, 380.1216, 380.1351, 380.1361, and 380.1722), sections 5, 6, 503, 513, 687, and 690 as amended and section 11a as added by 1995 PA 289, section 617 as amended by 1989 PA 268, sections 681 and 705 as amended by 1994 PA 258, section 703 as amended by 1981 PA 87, sections 857 and 858 as amended by 1992 PA 263, section 945 as added by 1984 PA 154, section 1212 as amended by 1993 PA 312, section 1216 as amended by 1992 PA 236, 00279'97 TAV 2 and section 1351 as amended by 1990 PA 352, and by adding section 1206; and to repeal acts and parts of acts. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 4. (1) "Educational media center" means a program 2 operated by an intermediate school district and approved by the 3 state board, which provides services to local school districts or 4 constituent districts under section 671. 5 (2) "Handicapped person" shall be defined by rules promul- 6 gated by the state board. Handicaps include, but are not limited 7 to, mental, physical, emotional, behavioral, sensory, and speech 8 handicaps. 9 (3) "Intermediate school board" means the board of an inter- 10 mediate school district. 11 (4) "Intermediate school district" means a corporate body 12 established under part 7. 13 (5) "Intermediate school district election" means an elec- 14 tion called by an intermediate school board and held on the date 15 of the annual OR, BEGINNING JANUARY 1, 2001 IF CHAPTER XIV OF THE 16 MICHIGAN ELECTION LAW IS IN EFFECT, REGULAR school elections of 17 constituent districts or on a date determined by the intermediate 18 school board under sections 661 and 662. 19 (6) "Intermediate school elector" means a person who is a 20 school elector of a constituent district and who is registered in 21 the city or township in which the person resides. 22 (7) "Intermediate superintendent" means the superintendent 23 of an intermediate school district. 00279'97 3 1 Sec. 5. (1) "Local act school district" or "special act 2 school district" means a district governed by a special or local 3 act or chapter of a local act. "Local school district" and 4 "local school district board" as used in article 3 include local 5 act school district and a local act school district board. 6 (2) "Membership" means the number of full-time equivalent 7 pupils in a public school as determined by the number of pupils 8 registered for attendance plus pupils received by transfer and 9 minus pupils lost as defined by rules promulgated by the state 10 board. 11 (3) "MICHIGAN ELECTION LAW" MEANS 1954 PA 116, MCL 168.1 TO 12 168.992. 13 (4)(3)"Nonpublic school" means a private, denomination- 14 al, or parochial school. 15 (5)(4)"Objectives" means measurable pupil academic 16 skills and knowledge. 17 (6)(5)"Public school" means a public elementary or sec- 18 ondary educational entity or agency that is established under 19 this act, has as its primary mission the teaching and learning of 20 academic and vocational-technical skills and knowledge, and is 21 operated by a school district, local act school district, special 22 act school district, intermediate school district, public school 23 academy corporation, or by the department or state board. Public 24 school also includes a laboratory school or other elementary or 25 secondary school that is controlled and operated by a state 26 public university described in section 4, 5, or 6 of article VIII 27 of the state constitution of 1963. 00279'97 4 1 (7)(6)"Pupil membership count day" of a school district 2 means that term as defined in section 6 of the state school aid 3 act of 1979,being section 388.1606 of the Michigan Compiled4LawsMCL 388.1606. 5 (8) "REGULAR SCHOOL ELECTION" OR "REGULAR ELECTION" MEANS, 6 BEGINNING JANUARY 1, 2001 IF CHAPTER XIV OF THE MICHIGAN ELECTION 7 LAW IS IN EFFECT, THE ELECTION HELD IN A SCHOOL DISTRICT, LOCAL 8 ACT SCHOOL DISTRICT, OR INTERMEDIATE SCHOOL DISTRICT ON THE FIRST 9 TUESDAY FOLLOWING THE FIRST MONDAY OF NOVEMBER IN ODD NUMBERED 10 YEARS. 11 (9)(7)"Reorganized intermediate school district" means 12 an intermediate school district formed by consolidation or annex- 13 ation of 2 or more intermediate school districts under sections 14 701 and 702. 15 (10)(8)"Rule" means a rule promulgated pursuant to the 16 administrative procedures act of 1969,Act No. 306 of the Public17Acts of 1969, being sections 24.201 to 24.328 of the Michigan18Compiled Laws1969 PA 306, MCL 24.201 TO 24.328. 19 Sec. 6. (1) "School district" or "local school district" 20 means a general powers school district organized under this act, 21 regardless of previous classification, or a school district of 22 the first class. 23 (2) "School elector" means a person qualified as an elector 24 under section 492 of the Michigan election law,Act No. 116 of25the Public Acts of 1954, being section 168.492 of the Michigan26Compiled LawsMCL 168.492, registered as provided in part 12, 27 and resident of the school district, local act school district, 00279'97 5 1 or intermediate school district on or before the thirtieth day 2 before the next ensuing annual OR, BEGINNING JANUARY 1, 2001 IF 3 CHAPTER XIV OF THE MICHIGAN ELECTION LAW IS IN EFFECT, REGULAR 4 SCHOOL ELECTION, or special school election. 5 (3) "School month" means a 4-week period of 5 days each 6 unless otherwise specified in the teacher's contract. 7 (4) "Special education building and equipment" means a 8 structure or portion of a structure or personal property accept- 9 ed, leased, purchased, or otherwise acquired, prepared, or used 10 for special education programs and services. 11 (5) "Special education personnel" means persons engaged in 12 and having professional responsibility for the training, care, 13 and education of handicapped persons in special education pro- 14 grams and services including, but not limited to, teachers, 15 aides, school social workers, diagnostic personnel, physical 16 therapists, occupational therapists, audiologists, teachers of 17 speech and language, instructional media-curriculum specialists, 18 mobility specialists, teacher consultants, supervisors, and 19 directors. 20 (6) "Special education programs and services" means educa- 21 tional and training services designed for handicappers and oper- 22 ated by local school districts, local act school districts, 23 PUBLIC SCHOOL ACADEMIES, intermediate school districts, the 24 Michigan school for the blind, the Michigan school for the deaf, 25 the department ofmentalCOMMUNITY health, thedepartment of26social servicesFAMILY INDEPENDENCE AGENCY, or a combination 27 thereof, and ancillary professional services for handicappers 00279'97 6 1 rendered by agencies approved by the state board. The programs 2 shall include vocational training, but need not include academic 3 programs of college or university level. 4 (7) "SPECIAL SCHOOL ELECTION" OR "SPECIAL ELECTION" MEANS AN 5 ELECTION HELD IN A SCHOOL DISTRICT AT A DATE OTHER THAN THE REGU- 6 LAR SCHOOL ELECTION, AS PROVIDED UNDER THIS ACT OR, BEGINNING 7 JANUARY 1, 2001 IF CHAPTER XIV OF THE MICHIGAN ELECTION LAW IS IN 8 EFFECT, UNDER THE MICHIGAN ELECTION LAW. 9 (8)(7)"State approved nonpublic school" means a nonpub- 10 lic school that complies withAct No. 302 of the Public Acts of111921, being sections 388.551 to 388.558 of the Michigan Compiled12Laws1921 PA 302, MCL 388.551 TO 388.558. 13 (9)(8)"State board" means the state board of education 14 unless clearly otherwise stated. 15 (10)(9)"Department" means the department of education 16 created and operating under sections 300 to 305 of the executive 17 organization act of 1965,Act No. 380 of the Public Acts of181965, being sections 16.400 to 16.405 of the Michigan Compiled19Laws1965 PA 380, MCL 16.400 TO 16.405. 20 (11)(10)"State school aid" means allotments from the 21 general appropriating act for the purpose of aiding in the sup- 22 port of the public schools of the state. 23 (12)(11)"The state school aid act of 1979" meansAct24No. 94 of the Public Acts of 1979, being sections 388.1601 to25388.1772 of the Michigan Compiled Laws1979 PA 94, MCL 388.1601 26 TO 388.1772. 00279'97 7 1 Sec. 11a. (1) Beginning on the effective date of this 2 section, each school district formerly organized as a primary 3 school district or as a school district of the fourth class, 4 third class, or second class shall be a general powers school 5 district under this act. 6 (2) Beginning on the effective date of this section, a 7 school district operating under a special or local act shall 8 operate as a general powers school district under this act except 9 to the extent that the special or local act is inconsistent with 10 this act. Upon repeal of a special or local act that governs a 11 school district, that school district shall become a general 12 powers school district under this act. 13 (3) A general powers school district has all of the rights, 14 powers, and duties expressly stated in this act; may exercise a 15 power implied or incident to any power expressly stated in this 16 act; and, except as provided by law, may exercise a power inci- 17 dental or appropriate to the performance of any function related 18 to operation of the school district in the interests of public 19 elementary and secondary education in the school district, 20 including, but not limited to, all of the following: 21 (a) Educating pupils. In addition to educating pupils in 22 grades K-12, this function may include operation of preschool, 23 lifelong education, adult education, community education, train- 24 ing, enrichment, and recreation programs for other persons. 25 (b) Providing for the safety and welfare of pupils while at 26 school or a school sponsored activity or while en route to or 27 from school or a school sponsored activity. 00279'97 8 1 (c) Acquiring, constructing, maintaining, repairing, 2 renovating, disposing of, or conveying school property, facili- 3 ties, equipment, technology, or furnishings. 4 (d) Hiring, contracting for, scheduling, supervising, or 5 terminating employees, independent contractors, and others to 6 carry out school district powers. A school district may indem- 7 nify its employees. 8 (e) Receiving, accounting for, investing, or expending 9 school district money; borrowing money and pledging school dis- 10 trict funds for repayment; and qualifying for state school aid 11 and other public or private money from local, regional, state, or 12 federal sources. 13 (4) A general powers school district may enter into agree- 14 ments or cooperative arrangements with other entities, public or 15 private, or join organizations as part of performing the func- 16 tions of the school district. 17 (5) A general powers school district is a body corporate and 18 shall be governed by a school board. An act of a school board is 19 not valid unless approved, at a meeting of the school board, by a 20 majority vote of the members lawfully serving on the board. 21 (6) The board of a general powers school district shall 22 adopt bylaws. These bylaws may establish or change board proce- 23 dures, the number of board officers, titles and duties of board 24 officers, and any other matter related to effective and efficient 25 functioning of the board. Regular meetings of the board shall be 26 held at least once each month, at the time and place fixed by the 27 bylaws. Special meetings may be called and held in the manner 00279'97 9 1 and for the purposes specified in the bylaws. Board procedures, 2 bylaws, and policies in effect on the effective date of this sec- 3 tion shall continue in effect until changed by action of the 4 board. 5 (7) BEGINNING JANUARY 1, 2001, IF CHAPTER XIV OF THE 6 MICHIGAN ELECTION LAW IS IN EFFECT THE BOARD OF A GENERAL POWERS 7 SCHOOL DISTRICT SHALL HOLD ITS REGULAR SCHOOL ELECTION ON THE 8 FIRST TUESDAY AFTER THE FIRST MONDAY OF NOVEMBER IN EACH ODD NUM- 9 BERED YEAR. 10 (8)(7)The board of a school district shall be elected as 11 provided under this act and the Michigan election law., Act12No. 116 of the Public Acts of 1954, being sections 168.1 to13168.992 of the Michigan Compiled Laws.The number of members of 14 the board of a general powers school district, and, UNLESS CHAP- 15 TER XIV OF THE MICHIGAN ELECTION LAW IS IN EFFECT, the term of 16 office for a board member of a general powers school district, 17 shall remain the same asthey werefor that school district 18 beforethe effective date of this section unless either or both19areJULY 1, 1996 UNLESS changed by the school electors of the 20 school district at a regular or special election. A proposition 21 for changing the number of board members or term of office may be 22 placed on the ballot by action of the board or by petition sub- 23 mitted by school electors as provided underthis actTHE 24 MICHIGAN ELECTION LAW. 25 (9)(8) On the effective date of this section, theTHE 26 board of each school district shall continue to be the board of 27 the school district and to function in that capacity. A person 00279'97 10 1 lawfully serving onthe effective date of this actJULY 1, 1996 2 as a member of the board of a school district shall continue to 3 be a member of the board and shall continue in office for the 4 remainder of the term for which the person was elected or 5 appointed OR UNTIL A SUCCESSOR IS ELECTED AND QUALIFIED. 6 (10) BEGINNING JANUARY 1, 2001 IF CHAPTER XIV OF THE 7 MICHIGAN ELECTION LAW IS IN EFFECT, MEMBERS OF THE BOARD OF A 8 GENERAL POWERS SCHOOL DISTRICT SHALL BE ELECTED BY THE SCHOOL 9 ELECTORS FOR TERMS OF 4 YEARS. AT EACH REGULAR SCHOOL ELECTION 10 AFTER JANUARY 1, 2001 IF CHAPTER XIV OF THE MICHIGAN ELECTION LAW 11 IS IN EFFECT, MEMBERS OF THE BOARD SHALL BE ELECTED TO FILL THE 12 POSITIONS OF THOSE WHOSE TERMS WILL EXPIRE. BEGINNING JANUARY 1, 13 2001 IF CHAPTER XIV OF THE MICHIGAN ELECTION LAW IS IN EFFECT, 14 THE TERM OF OFFICE SHALL COMMENCE ON JANUARY 1 AND CONTINUE UNTIL 15 A SUCCESSOR IS ELECTED AND QUALIFIED. A TERM OF OFFICE SHALL NOT 16 BE SHORTENED BY THE OPERATION OF THIS SUBSECTION. IF A BOARD 17 MEMBER'S TERM OF OFFICE WAS SCHEDULED BY PRIOR LAW TO EXPIRE AT A 18 DATE OTHER THAN DECEMBER 31 OF AN ODD NUMBERED YEAR, THAT BOARD 19 MEMBER'S TERM OF OFFICE SHALL NOT EXPIRE ON THAT DATE BUT IS 20 INSTEAD EXTENDED UNTIL DECEMBER 31 AFTER THE DATE THE TERM OF 21 OFFICE WAS SCHEDULED BY PRIOR LAW TO EXPIRE OR, IF THE TERM OF 22 OFFICE WAS SCHEDULED TO EXPIRE IN AN EVEN NUMBERED YEAR, UNTIL 23 DECEMBER 31 OF THE NEXT ODD NUMBERED YEAR AFTER THE DATE THE TERM 24 OF OFFICE WAS SCHEDULED BY PRIOR LAW TO EXPIRE. 25 (11) THE BOARD OF A GENERAL POWERS SCHOOL DISTRICT MAY 26 SUBMIT TO THE SCHOOL ELECTORS OF THE SCHOOL DISTRICT A MEASURE, 27 PROPOSITION, OR QUESTION THAT IS WITHIN THE SCOPE OF THE POWERS 00279'97 11 1 OF THE SCHOOL ELECTORS AND THAT THE BOARD CONSIDERS JUST AND 2 PROPER FOR THE PROPER MANAGEMENT OR CONDUCT OF THE SCHOOL SYSTEM 3 OR THE ADVANCEMENT OF EDUCATION IN THE SCHOOLS OF THE SCHOOL 4 DISTRICT. UPON THE ADOPTION OF A MEASURE OR QUESTION BY THE 5 BOARD, THE BOARD SHALL SUBMIT THE MEASURE OR QUESTION TO THE 6 SCHOOL ELECTORS OF THE SCHOOL DISTRICT AT THE NEXT ENSUING ANNUAL 7 SCHOOL ELECTION OR, BEGINNING JANUARY 1, 2001 IF CHAPTER XIV OF 8 THE MICHIGAN ELECTION LAW IS IN EFFECT, THE NEXT ENSUING REGULAR 9 SCHOOL ELECTION, OR AT A SPECIAL ELECTION. 10 (12) UNTIL JANUARY 1, 2001, A SPECIAL ELECTION MAY BE CALLED 11 BY THE BOARD AS PROVIDED IN THIS ACT. BEGINNING JANUARY 1, 2001, 12 A SPECIAL ELECTION MAY BE CALLED BY THE BOARD AS PROVIDED IN THE 13 MICHIGAN ELECTION LAW. 14 (13)(9)Unless expressly provided inthe amendatory act15that added this section1995 PA 289, the powers of a school 16 board or school district are not diminished by this section or by 17theTHAT amendatory act.that added this section.18 (14)(10)A school district operating a public library, 19 public museum, or community recreational facility as ofthe20effective date of the amendatory act that added this section21 JULY 1, 1996 may continue to operate the public library, public 22 museum, or community recreational facility. 23 Sec. 503. (1) An authorizing body is not required to issue 24 a contract to any person or entity. Public school academy con- 25 tracts shall be issued on a competitive basis taking into consid- 26 eration the resources available for the proposed public school 27 academy, the population to be served by the proposed public 00279'97 12 1 school academy, and the educational goals to be achieved by the 2 proposed public school academy. 3 (2) If a person or entity applies to the board of a school 4 district for a contract to organize and operate 1 or more public 5 school academies within the boundaries of the school district and 6 the board does not issue the contract, the person or entity may 7 FILE A petitionthe boardto place the question of issuing the 8 contract on the ballot to be decided by the school electors of 9 the school district. The petition shall contain all of the 10 information required to be in the contract application under sec- 11 tion 502(3) and shall be signed by a number of school electors of 12 the school district equal to at least 15% of the total number of 13 school electors of that school district.TheUNLESS CHAPTER 14 XIV OF THE MICHIGAN ELECTION LAW IS IN EFFECT, THE petition shall 15 be filed with the secretary of the board. BEGINNING JANUARY 1, 16 2001 IF CHAPTER XIV OF THE MICHIGAN ELECTION LAW IS IN EFFECT, 17 THE PETITION SHALL BE FILED WITH THE LOCAL ELECTIONS OFFICIAL 18 SPECIFIED UNDER THE MICHIGAN ELECTION LAW FOR THE FILING OF PETI- 19 TIONS TO PLACE ISSUES ON THE BALLOT AT A SCHOOL ELECTION. Ifthe20board receivesa petition meeting the requirements of this sub- 21 section IS FILED, the board shallplaceCAUSE the question of 22 issuing the contract TO BE PLACED on the ballot at its next 23 annual OR, BEGINNING JANUARY 1, 2001 IF CHAPTER XIV OF THE 24 MICHIGAN ELECTION LAW IS IN EFFECT, REGULAR school election held 25 at least 60 days after receiving the petition. If a majority of 26 the school electors of the school district voting on the question 27 vote to issue the contract, the board shall issue the contract. 00279'97 13 1 (3) Within 10 days after issuing a contract for a public 2 school academy, the board of the authorizing body shall submit to 3 the state board a copy of the contract and of the application 4 under section 502. 5 (4) An authorizing body shall adopt a resolution establish- 6 ing the method of selection, length of term, and number of mem- 7 bers of the board of directors of each public school academy 8 subject to its jurisdiction. 9 (5) A contract issued to organize and administer a public 10 school academy shall contain at least all of the following: 11 (a) The educational goals the public school academy is to 12 achieve and the methods by which it will be held accountable. To 13 the extent applicable, the pupil performance of a public school 14 academy shall be assessed using at least a Michigan education 15 assessment program (MEAP) test or an assessment instrument devel- 16 oped under section 1279 for a state-endorsed high school 17 diploma. 18 (b) A description of the method to be used to monitor the 19 public school academy's compliance with applicable law and its 20 performance in meeting its targeted educational objectives. 21 (c) A description of the process for amending the contract 22 during the term of the contract. 23 (d) All of the matters set forth in the application for the 24 contract. 25 (e) For a public school academy authorized by a school dis- 26 trict, an agreement that employees of the public school academy 27 will be covered by the collective bargaining agreements that 00279'97 14 1 apply to employees of the school district employed in similar 2 classifications in schools that are not public school academies. 3 (f) Procedures for revoking the contract and grounds for 4 revoking the contract, including at least the grounds listed in 5 section 507. 6 (g) A description of and address for the proposed physical 7 plant in which the public school academy will be located. 8 (h) Requirements and procedures for financial audits. The 9 financial audits shall be conducted at least annually by a certi- 10 fied public accountant in accordance with generally accepted gov- 11 ernmental auditing principles. 12 (6) A public school academy shall comply with all applicable 13 law, including all of the following: 14 (a) The open meetings act,Act No. 267 of the Public Acts15of 1976, being sections 15.261 to 15.275 of the Michigan Compiled16Laws1976 PA 267, MCL 15.261 TO 15.275. 17 (b) The freedom of information act,Act No. 442 of the18Public Acts of 1976, being sections 15.231 to 15.246 of the19Michigan Compiled Laws1976 PA 442, MCL 15.231 TO 15.246. 20 (c)Act No. 336 of the Public Acts of 1947, being21sections 423.201 to 423.217 of the Michigan Compiled Laws1947 22 PA 336, MCL 423.201 TO 423.217. 23 (d)Act No. 166 of the Public Acts of 1965, being24sections 408.551 to 408.558 of the Michigan Compiled Laws1965 25 PA 166, MCL 408.551 TO 408.558. 26 (e) Sections 1134, 1135, 1146, 1153, 1263(3), 1267, and 27 1274. 00279'97 15 1 (7) A public school academy and its incorporators, board 2 members, officers, employees, and volunteers have governmental 3 immunity as provided in section 7 ofAct No. 170 of the Public4Acts of 1964, being section 691.1407 of the Michigan Compiled5Laws1964 PA 170, MCL 691.1407. An authorizing body and its 6 board members, officers, and employees are immune from civil 7 liability, both personally and professionally, for any acts or 8 omissions in authorizing a public school academy if the authoriz- 9 ing body or the person acted or reasonably believed he or she 10 acted within the authorizing body's or the person's scope of 11 authority. 12 (8) A public school academy is exempt from all taxation on 13 its earnings and property. Instruments of conveyance to or from 14 a public school academy are exempt from all taxation including 15 taxes imposed byAct No. 134 of the Public Acts of 1966, being16sections 207.501 to 207.513 of the Michigan Compiled Laws1966 17 PA 134, MCL 207.501 TO 207.513. A public school academy may not 18 levy ad valorem property taxes or any other tax for any purpose. 19 However, operation of 1 or more public school academies by a 20 school district or intermediate school district does not affect 21 the ability of the school district or intermediate school dis- 22 trict to levy ad valorem property taxes or any other tax. 23 (9) A public school academy may acquire by purchase, gift, 24 devise, lease, sublease, installment purchase agreement, land 25 contract, option, or by any other means, hold and own in its own 26 name buildings and other property for school purposes, and 27 interests therein, and other real and personal property, 00279'97 16 1 including, but not limited to, interests in property subject to 2 mortgages, security interests, or other liens, necessary or con- 3 venient to fulfill its purposes. For the purposes of condemna- 4 tion, a public school academy may proceed under the uniform con- 5 demnation procedures act,Act No. 87 of the Public Acts of 1980,6being sections 213.51 to 213.77 of the Michigan Compiled Laws7 1980 PA 87, MCL 213.51 TO 213.77, excluding sections 6 to 9 of 8 that act,being sections 213.56 to 213.59 of the Michigan9Compiled LawsMCL 213.56 TO 213.59, or other applicable stat- 10 utes, but only with the express, written permission of the autho- 11 rizing body in each instance of condemnation and only after just 12 compensation has been determined and paid. 13 Sec. 513. (1) An authorizing body is not required to issue 14 a contract to any person or entity. Public school academy con- 15 tracts shall be issued on a competitive basis taking into consid- 16 eration the resources available for the proposed public school 17 academy, the population to be served by the proposed public 18 school academy, and the educational goals to be achieved by the 19 proposed public school academy. 20 (2) If an authorizing body determines that an application 21 submitted to it under section 512 meets the authorizing body's 22 requirements and the requirements of applicable law, the autho- 23 rizing body, by 1 or more resolutions, may approve the applica- 24 tion, adopt articles of incorporation for the public school acad- 25 emy, appoint the initial board of directors for the public school 26 academy, and approve and authorize execution of the contract 27 between the authorizing body and the public school academy. The 00279'97 17 1 affirmative vote of a majority of the members serving on the 2 board of the authorizing body is required for adoption of a reso- 3 lution described in this subsection. 4 (3) If a person or entity applies to the board of a school 5 district for a contract to organize and operate 1 or more public 6 school academies within the boundaries of the school district and 7 the board does not issue the contract, the person or entity may 8 FILE A petitionthe boardto place the question of issuing the 9 contract on the ballot to be decided by the school electors of 10 the school district. The petition shall contain all of the 11 information required to be in the contract application under sec- 12 tion 512(3) and shall be signed by a number of school electors of 13 the school district equal to at least 15% of the total number of 14 school electors of that school district.TheUNLESS CHAPTER 15 XIV OF THE MICHIGAN ELECTION LAW IS IN EFFECT, THE petition shall 16 be filed with the secretary of the board. BEGINNING JANUARY 1, 17 2001 IF CHAPTER XIV OF THE MICHIGAN ELECTION LAW IS IN EFFECT, 18 THE PETITION SHALL BE FILED WITH THE LOCAL ELECTIONS OFFICIAL 19 SPECIFIED UNDER THE MICHIGAN ELECTION LAW FOR THE FILING OF PETI- 20 TIONS TO PLACE ISSUES ON THE BALLOT AT A SCHOOL ELECTION. Ifthe21board receivesa petition meeting the requirements of this sub- 22 section IS FILED, the board shallplaceCAUSE the question of 23 issuing the contract TO BE PLACED on the ballot at its next 24 annual OR, BEGINNING JANUARY 1, 2001 IF CHAPTER XIV OF THE 25 MICHIGAN ELECTION LAW IS IN EFFECT, REGULAR school election held 26 at least 60 days after receiving the petition. If a majority of 27 the school electors of the school district voting on the question 00279'97 18 1 vote to issue the contract, the board shall issue the contract in 2 the manner specified in subsection (2). 3 (4) Within 10 days after issuing a contract for a public 4 school academy, the board of the authorizing body shall submit to 5 the state board a copy of the contract and of the application 6 under section 512. 7 (5) Subject to section 512a, an authorizing body shall adopt 8 a resolution establishing the method of selection, length of 9 term, and number of members of the board of directors of each 10 public school academy subject to its jurisdiction. 11 (6) A contract issued to organize and administer a public 12 school academy shall contain at least all of the following: 13 (a) The educational goals the public school academy is to 14 achieve and the methods by which it will be held accountable. To 15 the extent applicable, the pupil performance of a public school 16 academy shall be assessed using at least a Michigan education 17 assessment program (MEAP) test or an assessment instrument devel- 18 oped under section 1279 for a state-endorsed high school 19 diploma. 20 (b) A description of the method to be used to monitor the 21 public school academy's compliance with applicable law and its 22 performance in meeting its targeted educational objectives. 23 (c) A description of the process for amending the contract 24 during the term of the contract. 25 (d) All of the matters set forth in the application for the 26 contract. 00279'97 19 1 (e) For a public school academy authorized by a school 2 district, an agreement that employees of the public school 3 academy will be covered by the collective bargaining agreements 4 that apply to employees of the school district employed in simi- 5 lar classifications in schools that are not public school 6 academies. 7 (f) Procedures for revoking the contract and grounds for 8 revoking the contract, including at least the grounds listed in 9 section 517. 10 (g) A description of and address for the proposed physical 11 plant in which the public school academy will be located. 12 (h) Requirements and procedures for financial audits. The 13 financial audits shall be conducted at least annually by a certi- 14 fied public accountant in accordance with generally accepted gov- 15 ernmental auditing principles. 16 (i) Types and amounts of insurance coverage. 17 (j) Legal remedies of the authorizing body and the state 18 board, in addition to remedies under law, for substantial failure 19 by the public school academy to meet its obligations under the 20 contract. 21 (7) The term of a contract issued under this section shall 22 not exceed 10 years, and a contract is subject to mandatory 23 review at least every 7 years by the authorizing body to review 24 whether the public school academy is in compliance with the con- 25 tract and applicable law. A contract may be renewed by the 26 authorizing body for succeeding terms not to exceed 10 years, 27 subject to mandatory review as described in this subsection. 00279'97 20 1 (8) A public school academy shall comply with all of the 2 following: 3 (a) The open meetings act,Act No. 267 of the Public Acts4of 1976, being sections 15.261 to 15.275 of the Michigan Compiled5Laws1976 PA 267, MCL 15.261 TO 15.275. 6 (b) The freedom of information act,Act No. 442 of the7Public Acts of 1976, being sections 15.231 to 15.246 of the8Michigan Compiled Laws1976 PA 442, MCL 15.231 TO 15.246. 9 (c)Act No. 336 of the Public Acts of 1947, being10sections 423.201 to 423.217 of the Michigan Compiled Laws1947 11 PA 336, MCL 423.201 TO 423.217. 12 (d)Act No. 166 of the Public Acts of 1965, being13sections 408.551 to 408.558 of the Michigan Compiled Laws1965 14 PA 166, MCL 408.551 TO 408.558. 15 (e) Sections 1134, 1135, 1146, 1153, 1263(3), 1267, and 16 1274. 17 (f)Act No. 35 of the Public Acts of 1951, being sections18124.1 to 124.13 of the Michigan Compiled Laws1951 PA 35, 19 MCL 124.1 TO 124.13. 20 (g)Act No. 8 of the Public Acts of the Extra Session of211967, being sections 124.531 to 124.536 of the Michigan Compiled22Laws1967 (EX SESS) PA 8, MCL 124.531 TO 124.536. 23 (9) Subsection (8) does not exempt a public school academy 24 from any law. 25 (10) A public school academy and its incorporators, board 26 members, officers, employees, and volunteers have governmental 27 immunity as provided in section 7 ofAct No. 170 of the Public00279'97 21 1Acts of 1964, being section 691.1407 of the Michigan Compiled2Laws1964 PA 170, MCL 691.1407. An authorizing body and its 3 board members, officers, and employees are immune from civil 4 liability, both personally and professionally, for any acts or 5 omissions in authorizing a public school academy if the authoriz- 6 ing body or the person acted or reasonably believed he or she 7 acted within the authorizing body's or the person's scope of 8 authority. 9 (11) A public school academy is exempt from all taxation on 10 its earnings and property. Instruments of conveyance to or from 11 a public school academy are exempt from all taxation including 12 taxes imposed byAct No. 134 of the Public Acts of 1966, being13sections 207.501 to 207.513 of the Michigan Compiled Laws1966 14 PA 134, MCL 207.501 TO 207.513. A public school academy may not 15 levy ad valorem property taxes or any other tax for any purpose. 16 However, operation of 1 or more public school academies by a 17 school district or intermediate school district does not affect 18 the ability of the school district or intermediate school dis- 19 trict to levy ad valorem property taxes or any other tax. 20 (12) A public school academy may acquire by purchase, gift, 21 devise, lease, sublease, installment purchase agreement, land 22 contract, option, or by any other means, hold and own in its own 23 name buildings and other property for school purposes, and inter- 24 ests therein, and other real and personal property, including, 25 but not limited to, interests in property subject to mortgages, 26 security interests, or other liens, necessary or convenient to 27 fulfill its purposes. For the purposes of condemnation, a public 00279'97 22 1 school academy may proceed under the uniform condemnation 2 procedures act,Act No. 87 of the Public Acts of 1980, being3sections 213.51 to 213.77 of the Michigan Compiled Laws1980 4 PA 87, MCL 213.51 TO 213.77, excluding sections 6 to 9 of that 5 act,being sections 213.56 to 213.59 of the Michigan Compiled6LawsMCL 213.56 TO 213.59, or other applicable statutes, but 7 only with the express, written permission of the authorizing body 8 in each instance of condemnation and only after just compensation 9 has been determined and paid. 10 Sec. 613. The intermediate school board shall meet annually 11 on or before the fourth Monday of July.andBEGINNING IN 2002 12 IF CHAPTER XIV OF THE MICHIGAN ELECTION LAW IS IN EFFECT, THE 13 INTERMEDIATE SCHOOL BOARD SHALL MEET ANNUALLY ON OR BEFORE THE 14 FOURTH MONDAY OF JANUARY. THE INTERMEDIATE SCHOOL BOARD shall 15 organize by electing a president, a vice-president, a secretary, 16 and a treasurer. The president and vice-president shall be mem- 17 bers of the intermediate school board, but the secretary and 18 treasurer need not be. The officers shall perform duties pro- 19 vided by law and prescribed by the policies and regulations of 20 the intermediate school board not inconsistent with this part or 21 other laws of the state. The treasurer shall post with the sec- 22 retary a bond in an amount approved by the intermediate school 23 board, conditioned upon the faithful performance of the 24 treasurer's duties. 25 Sec. 616. (1) An intermediate school board may submit to 26 the school electors of the constituent districts comprising the 27 intermediate school district the question of adoption of sections 00279'97 23 1 615 to 617. The question shall be in substantially the following 2 form: 3 "Shall sections 615 to 617 of the REVISED school code,of41976, as amended,providing for the popular election of members 5 of the intermediate school board be effective within the constit- 6 uent districts of __________ (name of intermediate school 7 district)? 8 Yes ( ) 9 No ( )". 10 (2) The intermediate school board shall submit the question 11 upon receipt of resolutions adopted by a majority of the boards 12 of constituent districts and representing more than 1/2 of the 13 combined memberships of the constituent districts of the interme- 14 diate school district as of the latest pupil membership count 15 day.TheUNLESS CHAPTER XIV OF THE MICHIGAN ELECTION LAW IS IN 16 EFFECT, THE resolutions of the constituent district boards shall 17 be adopted between December 1 and the next succeeding March 1. 18 BEGINNING JANUARY 1, 2001 IF CHAPTER XIV OF THE MICHIGAN ELECTION 19 LAW IS IN EFFECT, THE RESOLUTIONS OF THE CONSTITUENT DISTRICT 20 BOARDS SHALL BE ADOPTED BETWEEN MARCH 1 AND THE NEXT SUCCEEDING 21 JULY 1. The question shall be presented to the school electors of 22 the constituent districts at the next annual OR, BEGINNING 23 JANUARY 1, 2001 IF CHAPTER XIV OF THE MICHIGAN ELECTION LAW IS IN 24 EFFECT, REGULAR SCHOOL election after resolutions of constituent 25 district boards meeting the requirements of this section have 26 been filed with the secretary of the intermediate school board. 00279'97 24 1 (3) If a majority of the school electors votes in favor of 2 popular election, members of the intermediate school board shall 3 be elected at the next annual OR, BEGINNING JANUARY 1, 2001 IF 4 CHAPTER XIV OF THE MICHIGAN ELECTION LAW IS IN EFFECT, REGULAR 5 SCHOOL election and biennially thereafter at the annual OR, 6 BEGINNING JANUARY 1, 2001 IF CHAPTER XIV OF THE MICHIGAN ELECTION 7 LAW IS IN EFFECT, REGULAR school elections of the constituent 8 districts.IfUNLESS CHAPTER XIV OF THE MICHIGAN ELECTION LAW 9 IS IN EFFECT, IF a constituent district holds its annual election 10 on a date other than the second Monday in June, an election for 11 the purpose of choosing members of the intermediate school board 12 shall be held in that district on the second Monday in June. 13 (4) An intermediate school districtwhichTHAT adopts sec- 14 tions 615 to 617 may in the same manner terminate the popular 15 election of members of the intermediate school board. 16 Sec. 617. (1) UNLESS CHAPTER XIV OF THE MICHIGAN ELECTION 17 LAW IS IN EFFECT, THE PROCEDURES IN THIS SECTION APPLY TO INTER- 18 MEDIATE SCHOOL BOARD ELECTIONS AND VACANCIES IN AN INTERMEDIATE 19 SCHOOL DISTRICT IN WHICH SECTIONS 615 TO 617 ARE EFFECTIVE. 20 BEGINNING JANUARY 1, 2001 IF CHAPTER XIV OF THE MICHIGAN ELECTION 21 LAW IS IN EFFECT, THE PROCEDURES PROVIDED IN THE MICHIGAN ELEC- 22 TION LAW FOR INTERMEDIATE SCHOOL BOARD ELECTIONS AND VACANCIES 23 SHALL APPLY. 24 (2)(1)In an intermediate school district in which sec- 25 tions 615 to 617 are effective, a candidate for the office of 26 member of the intermediate school board shall be nominated by 27 filing nominating petitions and an affidavit as provided in 00279'97 25 1 section 558 of the Michigan election law,Act No. 116 of the2Public Acts of 1954, being section 168.558 of the Michigan3Compiled LawsMCL 168.558, with the secretary of the board of 4 the intermediate school district before 4 p.m. on the ninth 5 Monday before the election. 6 (3)(2)The nominating petitions shall be in the form pro- 7 vided in section 1066. Nominating petitions shall contain signa- 8 tures of school electors who are registered to vote in the city 9 or township in which they reside equal in number to not less than 10 1.5% of the combined pupil memberships of the constituent dis- 11 tricts on the latest pupil membership count day. A candidate is 12 not required to file signatures of more than 5,000 voters. Each 13 sheet of the petition shall be circulated in 1 city or township 14 only. 15 (4)(3)Within 14 days after the last date for filing, the 16 secretary of the intermediate school board shall certify the 17 names and addresses of those candidates whose petitions are found 18 to be sufficient to the secretaries of the boards of the constit- 19 uent districts. The secretary of the intermediate school board 20 shall certify the number to be elected. The secretary of the 21 intermediate school board shall notify the county clerk of the 22 names and addresses of the candidates not later than 3 days after 23 the last day for candidate withdrawal. However, if the third day 24 is a Saturday, Sunday, or legal holiday, the notice may be sent 25 on the next day that is not a Saturday, Sunday, or legal 26 holiday. 00279'97 26 1 (5)(4)The intermediate school board shall provide 2 ballots for the election of members of the intermediate school 3 board and distribute the ballots to the secretaries of each of 4 the constituent districts not less than 20 days before the annual 5 school elections. 6 (6)(5)At the first election, 3 members of an intermedi- 7 ate school board shall be elected for a term of 6 years, 2 for a 8 term of 4 years, and 2 for a term of 2 years. After the first 9 election, their successors shall be elected biennially for terms 10 of 6 years. 11 (7)(6)The intermediate school board of an intermediate 12 school district adopting sections 615 to 617 shall fill a vacancy 13 in the board's membership by appointing a member to serve until 14 the next biennial election, at which time a member shall be 15 elected for the balance of the unexpired term. 16 Sec. 661. (1) The intermediate school board may submit 17 questions to the INTERMEDIATE school electors of the intermediate 18 school district at an annual or, BEGINNING JANUARY 1, 2001 IF 19 CHAPTER XIV OF THE MICHIGAN ELECTION LAW IS IN EFFECT, REGULAR 20 SCHOOL ELECTION OR AT A special election held in each of the con- 21 stituent districts. A question shall not be submitted to the 22 intermediate school electors unless the question is within the 23 lawful authority of the INTERMEDIATE SCHOOL electorsof the24intermediate school districtto decide. 25 (2) A person who is a school elector of a constituent dis- 26 trict of an intermediate school district and who is registered in 27 the city or township in which that person resides is an 00279'97 27 1 INTERMEDIATE SCHOOL elector of that intermediate school 2 district. 3 (3)IfUNLESS CHAPTER XIV OF THE MICHIGAN ELECTION LAW IS 4 IN EFFECT, IF a question is submitted to intermediate school 5 electors at an annual school election, and a constituent district 6 does not hold its annual election on the second Monday of June, 7 the intermediate school board shall call a special election in 8 that constituent district to be held on the same date as the 9 annual school election. 10 (4)TheUNLESS CHAPTER XIV OF THE MICHIGAN ELECTION LAW IS 11 IN EFFECT, THE secretary shall be the chief election officer of 12 the intermediate school district with authority to delegate elec- 13 tion duties to a member of the administrative staff. 14 Sec. 681. (1) An intermediate school district may establish 15 an area vocational-technical education program and operate the 16 program under sections 681 to 690 if approved by a majority of 17 the intermediate school electors of the intermediate school dis- 18 trict voting on the question. The election shall be called and 19 conducted pursuant to sections 661 and 662. The establishment of 20 the area vocational-technical education program may be rescinded 21 by the same process. 22 (2) The question of establishing an area 23 vocational-technical education program may be submitted to the 24 intermediate school electors of an intermediate school district 25 at an annual OR, BEGINNING JANUARY 1, 2001 IF CHAPTER XIV OF THE 26 MICHIGAN ELECTION LAW IS IN EFFECT, REGULAR SCHOOL election or at 27 a special election held in each of the constituent districts. 00279'97 28 1TheUNLESS CHAPTER XIV OF THE MICHIGAN ELECTION LAW IS IN 2 EFFECT, THE intermediate school board shall determine the date of 3 the election and shall give notice under section 662 to the sec- 4 retary of each constituent district at least 60 days in advance 5 of the date the proposition is to be submitted to the intermedi- 6 ate school electors. BEGINNING JANUARY 1, 2001 IF CHAPTER XIV OF 7 THE MICHIGAN ELECTION LAW IS IN EFFECT, THE DATE OF ELECTION 8 SHALL BE AS PROVIDED UNDER THE MICHIGAN ELECTION LAW. 9 (3) The ballot for referring the question of adopting sec- 10 tions 681 to 690 and establishing an area vocational-technical 11 education program to the intermediate school electors of an 12 intermediate school district shall be substantially in the fol- 13 lowing form: 14 "Shall _____________________________________________, state 15 (legal name of intermediate school district) 16 of Michigan, come under sections 681 to 690 of the REVISED school 17 codeof 1976and establish an area vocational-technical education 18 program which is designed to encourage the operation of area 19 vocational-technical education programs if the annual property tax 20 levied for this purpose is limited to __________ mills? 21 Yes ( ) 22 No ( )". 23 (4) Beginning in 1995, the number of mills of ad valorem 24 property taxes an intermediate school board may levy for area 25 vocational-technical education program operating purposes under 26 sections 681 to 690 is limited to the following: 00279'97 29 1 (a) If the intermediate school district did not levy any 2 millage in 1993 for area vocational-technical education program 3 operating purposes under sections 681 to 690, the intermediate 4 school board, with the approval of the intermediate school elec- 5 tors, may levy not more than 1 mill for those purposes. 6 (b) If the intermediate school district levied millage in 7 1993 for area vocational-technical education program operating 8 purposes under sections 681 to 690, the intermediate school 9 board, with the approval of the intermediate school electors, may 10 levy mills for those purposes at a rate not to exceed 1.5 times 11 the number of mills authorized for those purposes in the interme- 12 diate school district in 1993. Approval of the intermediate 13 school electors is not required for the levy under this subdivi- 14 sion of previously authorized mills until that authorization 15 expires. 16 (5)AnWITHIN AN intermediate school district,shall not17holdNOT more than 2 elections SHALL BE HELD in a calendar year 18 concerning the authorization of a millage rate for area 19 vocational-technical education program operating purposes under 20 sections 681 to 690. 21 Sec. 687. (1) An intermediate school board in which an area 22 vocational-technical education program is established, by a 23 majority vote of the intermediate school electors voting on the 24 question at an annual or, BEGINNING JANUARY 1, 2001 IF CHAPTER 25 XIV OF THE MICHIGAN ELECTION LAW IS IN EFFECT, REGULAR SCHOOL 26 ELECTION OR at a special election called for that purpose, may 27 borrow money and issue bonds of the intermediate school district 00279'97 30 1 subject to the municipal finance act,Act No. 202 of the Public2Acts of 1943, being sections 131.1 to 139.3 of the Michigan3Compiled Laws1943 PA 202, MCL 131.1 TO 139.3, to defray all or 4 part of the cost of purchasing, erecting, completing, remodeling, 5 improving, furnishing, refurnishing, equipping, or reequipping 6 area vocational-technical buildings and other facilities, or 7 parts thereof or additions thereto; acquiring, preparing, devel- 8 oping, or improving sites, or parts thereof or additions thereto, 9 for area vocational-technical buildings and other facilities; 10 refunding all or part of existing bonded indebtedness; or accom- 11 plishing a combination of the foregoing purposes. An intermedi- 12 ate school district shall not issue bonds under this part for an 13 amount greater than 1.5% of the total assessed valuation of the 14 intermediate school district, nor shall the bonded indebtedness 15 of an intermediate school district extend beyond a period of 30 16 years for money borrowed. 17 (2) Refunding bonds or the refunding part of a bond issue 18 shall not be deemed to be within the 1.5% limitation but shall be 19 deemed to be authorized in addition thereto. A bond qualified 20 under section 16 of article IX of the state constitution of 1963 21 and implementing legislation shall not be included for purposes 22 of calculating the foregoing 1.5% limitation. 23 (3) An intermediate school board may submit a proposal to 24 issue bonds of the intermediate school district, authorized under 25 this section, to the intermediate school electors at the same 26 election at which the intermediate school electors vote on the 27 establishment of an area vocational-technical education program. 00279'97 31 1 If these questions are presented to the school electors at the 2 same election, the board shall include the bond proposal in the 3 60-day notice given the boards of constituent districts. The 4 establishment of an area vocational-technical education program 5 shall become effective if approved by a majority of the interme- 6 diate school electors voting on the question. The authority to 7 issue bonds is effective only if a majority of the intermediate 8 school electors approve both the establishment of the area 9 vocational-technical education program and the issuance of 10 bonds. 11 (4) The ballot used in submitting the question of borrowing 12 money and issuing bonds under this section shall be in substan- 13 tially the following form: 14 "Shall __________ (here state the legal name of the interme- 15 diate school district designating the name of a district of not 16 less than 18,000 pupils or first class school district that has 17 elected not to come under this act as far as an area 18 vocational-technical education program is concerned) state of 19 Michigan, borrow the sum of not to exceed $__________ and issue 20 its bonds therefor, for the purpose of __________? 21 Yes ( ) 22 No ( )". 23 Sec. 690. (1) A school district of not less than 18,000 24 pupils, a first class school district, or a school district 25 offering or making available to its pupils a comprehensive voca- 26 tional education program approved by the state board, may elect 27 not to come under an area vocational-technical education program 00279'97 32 1 by resolution adopted by its board not later than 30 days after 2 receipt of notice that the question of establishing the area 3 vocational-technical education program will be submitted to the 4 school electors of the district. 5 (2) A school district electing not to come under the area 6 vocational-technical education program may thereafter elect to 7 come under the program if at a special or annual election OR, 8 BEGINNING JANUARY 1, 2001 IF CHAPTER XIV OF THE MICHIGAN ELECTION 9 LAW IS IN EFFECT, REGULAR SCHOOL ELECTION a majority of the 10 school electors voting approve the operation of the area 11 vocational-technical education program and the annual tax rate 12 for that purpose in effect in the other constituent districts of 13 the intermediate school district. 14 (3) Except as provided in this subsection, in an intermedi- 15 ate school district where the school electors have voted upon and 16 failed to approve the ballot question set forth in section 681, a 17 combination of 2 or more contiguous constituent districts, by 18 resolution of their boards, may elect to establish an area 19 vocational-technical education program, if approved by resolution 20 of the intermediate district board and designated by the state 21 board. The requirement of contiguity of constituent districts 22 does not apply if 1 or more of the districts that constitute the 23 basis of contiguity declare their intent, by board resolution, 24 not to be part of the proposed area vocational-technical educa- 25 tion program. At any time within 6 months after the enactment of 26 the resolution establishing the program in a local school 27 district, school electors equal in number to not less than 5% of 00279'97 33 1 the votes cast in the most recent school election may petition 2 their local school district board to submit the resolution to the 3 electorate, in a form and manner to be prescribed by the state 4 board, and the district's participation in the program shall be 5 terminated if not approved by a majority of the school electors 6 voting on the question. HOWEVER, BEGINNING JANUARY 1, 2001 IF 7 CHAPTER XIV OF THE MICHIGAN ELECTION LAW IS IN EFFECT, THE PETI- 8 TIONS SHALL BE FILED WITH THE LOCAL ELECTIONS OFFICIAL SPECIFIED 9 UNDER THE MICHIGAN ELECTION LAW FOR THE FILING OF PETITIONS TO 10 PLACE ISSUES ON THE BALLOT AT A SCHOOL ELECTION. 11 (4) Area vocational-technical education programs established 12 pursuant to this section shall receive any appropriate state 13 funding or any federal funding allocated by the state board on 14 exactly the same basis as area vocational-technical education 15 programs and centers established by intermediate school 16 districts. Constituent districts establishing an approved area 17 vocational-technical education program pursuant to this section 18 may designate, by board resolution, specific amounts of either 19 authorized operating millage or operating millage being requested 20 from the school electors to be utilized solely for the area 21 vocational-technical education program, in a manner to be pre- 22 scribed by the state board, and the specified amount of millage 23 shall be regarded as area vocational-technical education millage 24 rather than local school district operating millage in all compu- 25 tations made by the state board to determine state aid. The rev- 26 enue obtained from the millage designated, together with 27 appropriate state and federal funds, may be expended for the same 00279'97 34 1 purposes specified for intermediate district programs in sections 2 684 and 685, including contracts with the intermediate school 3 district, another local school district, or a community college 4 for area vocational-technical education programs, facilities, and 5 services. When constituent districts establish area 6 vocational-technical education programs pursuant to this section, 7 buildings, sites, and equipment may be jointly acquired, owned, 8 or leased. 9 (5) A contiguous school district desiring to become part of 10 an area vocational-technical education program established pursu- 11 ant to this section may do so with the approval of each partici- 12 pating school district, the intermediate school district, and the 13 state board. Constituent districts operating an approved area 14 vocational-technical education program pursuant to this section 15 may subsequently elect not to participate, or may thereafter 16 elect to participate, in an intermediate school district 17 vocational-technical education program in exactly the same manner 18 prescribed in this section for school districts of not less than 19 18,000 pupils, a first class school district, or a school dis- 20 trict offering or making available to its pupils a comprehensive 21 vocational education program approved by the state board. 22 Sec. 701. (1) Two or more adjoining intermediate school 23 districts may combine to form a single intermediate school dis- 24 trict when the reorganization is approved by a majority of the 25 electors of each intermediate school district voting on the ques- 26 tion in the annual OR, BEGINNING JANUARY 1, 2001 IF CHAPTER XIV 00279'97 35 1 OF THE MICHIGAN ELECTION LAW IS IN EFFECT, REGULAR elections of 2 the constituent districts. 3 (2) The question of combining intermediate school districts 4 may be submitted by a resolution of the intermediate school 5 boards meeting in joint session. 6 (3) The question shall be submittedwhenIF petitions 7 signed by a number of school electors of each intermediate school 8 district equal to not less than 5% of the number of pupil member- 9 ships on the latest pupil membership count day of the combined 10 constituent districts of the intermediate school district are 11 filed with the secretary of 1 of the intermediate school boards. 12 HOWEVER, BEGINNING JANUARY 1, 2001 IF CHAPTER XIV OF THE MICHIGAN 13 ELECTION LAW IS IN EFFECT, THE PETITIONS SHALL BE FILED WITH THE 14 LOCAL ELECTIONS OFFICIAL SPECIFIED UNDER THE MICHIGAN ELECTION 15 LAW FOR THE FILING OF PETITIONS TO PLACE ISSUES ON THE BALLOT AT 16 AN INTERMEDIATE SCHOOL DISTRICT ELECTION. Within 30 days after 17receivingsufficient petitions ARE FILED, the secretary shall 18 apply for approval to the state board. The secretary shall cause 19 the question to be submitted at the next annual OR REGULAR school 20 election after the state board approves the merger. 21 (4) The ballots shall be furnished by each intermediate 22 school board for its constituent districts and shall be in sub- 23 stantially the following form: 24 "Shall the following intermediate school districts be orga- 25 nized as a single intermediate school district? 26 (List names of intermediate school districts) 00279'97 36 1 Yes ( ) 2 No ( )". 3 (5) If the consolidation is approved by a majority of the 4 school electors voting on the question in each of the participat- 5 ing intermediate school districts, the reorganizationshall6becomeIS effective in the combined intermediate school dis- 7 tricts 30 days after the annual OR REGULAR SCHOOL election at 8 which the question is submitted. The reorganized intermediate 9 school districtshall beIS a single intermediate school dis- 10 trict subject to this part. 11 (6) The members of the intermediate school boards of the 12 original intermediate school districts shall act as an interim 13 board until a board of the combined intermediate school district 14 is elected. The interim boardshall possessHAS all the powers 15 and duties of an intermediate school board under this part. The 16 person chosen by the interim intermediate school board as inter- 17 mediate superintendent shall serve only until a successor is 18 chosen by the elected intermediate school board. The secretary 19 of the intermediate school board having the largest number of 20 pupils in membership in its combined constituent districts at the 21 time of reorganization shall call a meeting of the members of the 22 interim intermediate school board for the purpose of organization 23 within 15 days after the effective date of the reorganization. 24 The secretary of the interim intermediate school board shall pro- 25 vide for the election of a board of the reorganized intermediate 26 school district under section 617 AND THE MICHIGAN ELECTION LAW. 27AtUNLESS CHAPTER XIV OF THE MICHIGAN ELECTION LAW IS IN 00279'97 37 1 EFFECT, AT the first election there shall be elected 3 members of 2 a board for 6 years, 2 for 4 years, and 2 for 2 years,. Their3 AND successors shall be elected biennially on the first Monday of 4 June for terms of 6 years,. TheWITH THE time from the date 5 of election to the next July 1shall beconsidered 1 year. 6 BEGINNING JANUARY 1, 2001 IF CHAPTER XIV OF THE MICHIGAN ELECTION 7 LAW IS IN EFFECT, THE TERMS OF OFFICE SHALL BE AS PROVIDED IN THE 8 MICHIGAN ELECTION LAW AND THE ELECTION OF INTERMEDIATE SCHOOL 9 BOARD MEMBERS SHALL BE AT THE REGULAR SCHOOL ELECTION. 10 (7) The reorganized intermediate school district shall oper- 11 ate as a single intermediate school district from the effective 12 date of the reorganization. Within 10 days after the reorganiza- 13 tion, all accounts of the reorganized intermediate school dis- 14 tricts shall be audited in the manner established by the interim 15 intermediate school board. The contracts of the intermediate 16 superintendents in force on the effective date of reorganization 17shallcontinue in effecttoUNTIL THE time of their termina- 18 tion except as to position as intermediate superintendents. 19 (8) If,prior toBEFORE reorganization of the intermediate 20 school districts each of the combining intermediate school dis- 21 tricts adopted special education programs by referendum pursuant 22 to part 30 and approved the same annual property tax rates for 23 the education of handicapped persons, the special education pro- 24 grams and the annual property tax rates shall continue in effect 25 in the reorganized intermediate school district. 26 Sec. 702. (1) An intermediate school district may be 27 annexed to another intermediate school district if the 00279'97 38 1 intermediate school board of the annexing intermediate school 2 district approves the annexation by resolution, and a majority of 3 the school electors of the intermediate school district to be 4 annexed voting on the question at an annual or, BEGINNING 5 JANUARY 1, 2001 IF CHAPTER XIV OF THE MICHIGAN ELECTION LAW IS IN 6 EFFECT, REGULAR SCHOOL ELECTION OR AT A special election in the 7 intermediate school district approve the annexation. Ifprior8toBEFORE annexation the annexing intermediate school district 9 adopts a special education program by referendum pursuant to part 10 30, the intermediate school electors of the intermediate school 11 district to be annexed must vote to adopt that special education 12 program and annual tax rate.TheUNLESS CHAPTER XIV OF THE 13 MICHIGAN ELECTION LAW IS IN EFFECT, THE vote on the question 14 shall be by ballot furnished by the intermediate school board of 15 the intermediate school district to be annexed. BEGINNING 16 JANUARY 1, 2001 IF CHAPTER XIV OF THE MICHIGAN ELECTION LAW IS IN 17 EFFECT, THE BALLOTS SHALL BE FURNISHED BY THE LOCAL ELECTIONS 18 OFFICIAL CONDUCTING THE ELECTION UNDER THE MICHIGAN ELECTION LAW. 19 Before the election is held, the annexing intermediate school 20 board shall obtain the approval of the state board of the pro- 21 posed annexation. 22 (2) Within 10 days after the election, each constituent dis- 23 trict secretary shall file the result with the secretary of the 24 intermediate schooldistrictBOARD, and 5 days later the inter- 25 mediate school board secretary shall file the election result 26 with the secretary of the INTERMEDIATE SCHOOL board of the 27 annexing intermediate school district. Within 15 days after the 00279'97 39 1 annexation election the intermediate school board of the annexed 2 intermediate school district shall account to the intermediate 3 school board of the annexing intermediate school district for the 4 funds and property in its hands and shall turn over thesame5 FUNDS AND PROPERTY to that INTERMEDIATE SCHOOL board. Property 6 and money belonging to the annexed intermediate school district 7 shall become the property of the annexing intermediate school 8 district. The outstanding indebtedness of the annexed intermedi- 9 ate school district shall become the liability of the annexing 10 intermediate school district. Upon receipt of the funds and 11 property, the members of the annexed intermediate school board 12 shall be released from liabilitythereforFOR THE FUNDS AND 13 PROPERTY and their offices terminated. 14 (3) The annexation is effective on the latest date on which 15 the election was held in a constituent district of the annexed 16 intermediate school district. The secretary of the intermediate 17 school board of the annexing intermediate school district shall 18 give written notice of the annexation to the state board within 19 15 days after the annexation election. Within 30 days after 20 annexation, the board of the annexing intermediate school dis- 21 trict shall appoint 2 school electors of the annexed intermediate 22 school district to membership on the intermediate school board of 23 the reorganized intermediate school district, who shall serve 24 until July 1 after the next biennial election OR, BEGINNING 25 JANUARY 1, 2001 IF CHAPTER XIV OF THE MICHIGAN ELECTION LAW IS IN 26 EFFECT, UNTIL JANUARY 1 AFTER THE NEXT REGULAR SCHOOL ELECTION OF 27 THE INTERMEDIATE SCHOOL DISTRICT. Notification of the 00279'97 40 1 appointments shall be filed with the state board. If the 2 appointments are not made within the 30 days, the state board 3 shall make the appointments. At the next biennial OR, BEGINNING 4 JANUARY 1, 2001 IF CHAPTER XIV OF THE MICHIGAN ELECTION LAW IS IN 5 EFFECT, REGULAR SCHOOL election OF THE INTERMEDIATE SCHOOL 6 DISTRICT, members of the intermediate school board shall be 7 elected in the number and for the terms required in section 701. 8 The terms of the members of the intermediate school board whose 9 terms have not expired shall determine the terms of the addi- 10 tional members to be elected. 11 Sec. 703. (1) An intermediate school district comprised of 12 less than 5 constituent districts and having no bonded indebted- 13 ness may be disorganized and its constituent districts attached 14 to contiguous intermediate school districts under this section. 15 (2) The board of each constituent district may request the 16 intermediate school board to prescribe a plan for disorganization 17 of the intermediate school district. Each request shall desig- 18 nate another intermediate school district to which the constitu- 19 ent district desires to be attached. The intermediate school 20 board shall prescribe, by resolution, a plan under which each of 21 the constituent districts will be attached in whole to contiguous 22 intermediate school districts designated in the requests. If the 23 designated intermediate school district is not contiguous, the 24 intermediate school board's plan may prescribe attachment to a 25 contiguous intermediate school district. 26 (3) The intermediate superintendent of the intermediate 27 school districtwhichTHAT is to be disorganized shall give 30 00279'97 41 1 days' notice of the time and place of the meeting of the 2 intermediate school board and of the proposed plan for disorgani- 3 zation by publication of the notice in a newspaper of general 4 circulation in the intermediate school district. The intermedi- 5 ate school board shall present the adopted plan for dissolution 6 to the board of each of its constituent districts and to the 7 intermediate school board of each intermediate school district 8 whose boundaries would be enlarged by the proposal. 9 (4) The intermediate superintendent of each intermediate 10 school district whose boundaries would be enlarged by the disso- 11 lution shall give 30 days' notice of the time and place of the 12 meeting of the intermediate school board and of the recommended 13 plan for enlargement of the intermediate school district by pub- 14 lication of the notice in a newspaper of general circulation in 15 the intermediate school district. 16 (5) If the intermediate school board of each affected inter- 17 mediate school district approves the plan for disorganization, 18 the intermediate school board of the intermediate school district 19 to be dissolved shall refer the matter to the state board for 20 approval. The action of the state board declaring the intermedi- 21 ate school district dissolved shall be final. Disorganization of 22 the intermediate school district and attachment of its constitu- 23 ent districts to contiguous intermediate school districtsshall24be effectiveTAKES EFFECT on July 1 after the date of the 25 approval of the state board. 26 (6) The intermediate school boards of the intermediate 27 school districts to which territory is attached by dissolution 00279'97 42 1 shall meet jointly, sitting as a single board, and make an 2 equitable distribution of the money, property, and other assets 3 belonging to the disorganized INTERMEDIATE SCHOOL district among 4 the intermediate school districts affected. The territory of 5 constituent districts transferred to other intermediate school 6 districts by dissolution shall be subject to all taxes levied for 7 purposes of the intermediate school district to which trans- 8 ferred, including taxes for the retirement of bonded indebted- 9 ness, special education programs, and area vocational-technical 10 education programs. 11 (7) Within 30 days after a district attaches to a contiguous 12 intermediate school district under this section, the board of the 13 intermediate school district whose boundaries have been enlarged 14 by the dissolution may appoint 2 school electors of constituent 15 districts, 1 of whom shall be an elector of the attached dis- 16 trict, to membership on the intermediate school board. 17IntermediateUNLESS CHAPTER XIV OF THE MICHIGAN ELECTION LAW IS 18 IN EFFECT, INTERMEDIATE school board members appointed pursuant 19 to this subsection shall serve until July 1 after the next bien- 20 nial election. BEGINNING JANUARY 1, 2001 IF CHAPTER XIV OF THE 21 MICHIGAN ELECTION LAW IS IN EFFECT, INTERMEDIATE SCHOOL BOARD 22 MEMBERS APPOINTED PURSUANT TO THIS SUBSECTION SHALL SERVE UNTIL 23 JANUARY 1 AFTER THE NEXT REGULAR SCHOOL ELECTION. The intermedi- 24 ate school board may determine 1 initial term of less than 6 25 years for 1 of the additional members to be elected at the bien- 26 nial OR, BEGINNING JANUARY 1, 2001 IF CHAPTER XIV OF THE MICHIGAN 00279'97 43 1 ELECTION LAW IS IN EFFECT, REGULAR SCHOOL election. Notification 2 of an appointment shall be filed with the state board. 3 Sec. 705. (1) Beginning in 1997 and each year after 1997, a 4 regional enhancement property tax may be levied by an intermedi- 5 ate school district at a rate not to exceed 3 mills to enhance 6 other state and local funding for local school district opera- 7 tions if approved by a majority of the intermediate school elec- 8 tors voting on the question. 9 (2) If a resolution requesting that the question of a 10 regional enhancement property tax be submitted to the voters is 11 adopted within a 180-day period and transmitted to the intermedi- 12 ate school board by 1 or more boards of its constituent school 13 districts representing a majority of the combined membership of 14 the constituent school districts as of the most recent pupil mem- 15 bership count day and if those resolutions all contain an identi- 16 cal specified number of mills to be levied under this section and 17 an identical specified number of years for which the tax shall be 18 levied, the question of levying a regional enhancement property 19 tax by the intermediate school district shall be placed on the 20 ballot by the intermediate school district at the next annual OR, 21 BEGINNING JANUARY 1, 2001 IF CHAPTER XIV OF THE MICHIGAN ELECTION 22 LAW IS IN EFFECT, REGULAR school election held in each of the 23 constituent districts. However, UNLESS CHAPTER XIV OF THE 24 MICHIGAN ELECTION LAW IS IN EFFECT, if the question is to be sub- 25 mitted at an annual school election and a constituent district 26 does not hold its annual election on the second Monday in June, 27 the intermediate school board shall call a special election in 00279'97 44 1 that constituent district to be held on the same day as the 2 annual school election. If the question is to be submitted to 3 the intermediate school electors of an intermediate school dis- 4 trict having a population of more than 1,400,000, the intermedi- 5 ate school board shall call a special election to be held at the 6 next state primary or general election. However, if the resolu- 7 tion requirement is met more than 180 days before the next annual 8 school district elections to be held on the second Monday in June 9 OR, BEGINNING JANUARY 1, 2001 IF CHAPTER XIV OF THE MICHIGAN 10 ELECTION LAW IS IN EFFECT, MORE THAN 180 DAYS BEFORE THE NEXT 11 REGULAR SCHOOL ELECTION, and if requested in the resolutions, the 12 intermediate school board shall submit the question of levying a 13 regional enhancement property tax within the intermediate school 14 district on the ballot at a special election under section 662 15 OR, BEGINNING JANUARY 1, 2001 IF CHAPTER XIV OF THE MICHIGAN 16 ELECTION LAW IS IN EFFECT, UNDER THE MICHIGAN ELECTION LAW called 17 by the intermediate school board for that purpose not earlier 18 than 90 days or later than 120 days after the resolution require- 19 ments are met. 20 (3) Not later than 10 days after receipt by the intermediate 21 school district of the revenue from the regional enhancement 22 property tax, the intermediate school district shall calculate 23 and pay to each of its constituent school districts an amount of 24 the revenue calculated by dividing the total amount of the reve- 25 nue by the combined membership of the constituent school dis- 26 tricts within the intermediate district, as of the most recent 27 pupil membership count day, and multiplying that quotient by the 00279'97 45 1 constituent school district's membership, as of the most recent 2 pupil membership count day for which a final department-audited 3 pupil count is available. 4 (4) Regional enhancement property tax under this section may 5 be levied for a term not to exceed 20 years, as specified in the 6 ballot question, and may be renewed for the same term with the 7 approval of a majority of the intermediate school electors voting 8 on the question. 9 (5) The question of levying a regional enhancement property 10 tax under this section shall be presented to the intermediate 11 school electors as a separate question. 12 Sec. 856. (1) If the intermediate superintendent of schools 13 is presented with petitions signed by school electors in each 14 SCHOOL district to the number of not less than50% of the number15of registered general electors residing in each primary school16district as of the date the intermediate superintendent releases17petitions, and by school electors of not less than5% of the 18 number ofregistered generalSCHOOL electors residing inother19school districtsTHE SCHOOL DISTRICT, the intermediate superin- 20 tendent shall cause the question of consolidation to be submitted 21 to the vote of the school electors of the school districts at a 22 special election.called to be held within 90 days after the23receipt of the petitions.24 (2)TheUNLESS CHAPTER XIV OF THE MICHIGAN ELECTION LAW IS 25 IN EFFECT, THE special election shall be held WITHIN 90 DAYS 26 AFTER THE RECEIPT OF THE PETITIONS on a date approved by the 27 county election scheduling committee under section 639 ofAct00279'97 46 1No. 116 of the Public Acts of 1954, as amended, being section2168.639 of the Michigan Compiled LawsTHE MICHIGAN ELECTION LAW, 3 MCL 168.639. BEGINNING JANUARY 1, 2001 IF CHAPTER XIV OF THE 4 MICHIGAN ELECTION LAW IS IN EFFECT, THE SPECIAL ELECTION SHALL BE 5 HELD AS PROVIDED UNDER THE MICHIGAN ELECTION LAW. 6 (3) PetitionsshallARE notberequired in a school dis- 7 trict operating 12 grades if a resolution adopted by the board of 8 the SCHOOL district requesting consolidation of school districts 9 has been filed with the intermediate superintendent. 10 (4) Each city and township clerk shall certify to the inter- 11 mediate superintendent the number of registered general electors 12 residing in a school district upon request of the intermediate 13 superintendent. 14 Sec. 857. (1) The question of establishing a consolidated 15 school district shall be submitted to the school electors at a 16 special election held for that purpose. In voting to form the 17 consolidated school district, a school district operating 12 18 grades shall vote separately as a unit. The remaining school 19 districts to be included in the consolidation shall vote together 20 as a unit. 21 (2)The localUNLESS CHAPTER XIV OF THE MICHIGAN ELECTION 22 LAW IS IN EFFECT, THE SCHOOL board shall conduct the election in 23 each school district operating 12 grades.TheUNLESS CHAPTER 24 XIV OF THE MICHIGAN ELECTION LAW IS IN EFFECT, THE intermediate 25 school board, the intermediate superintendent of which called the 26 election, shall conduct the election for the other school 27 districts voting together as a unit. BEGINNING JANUARY 1, 2001 00279'97 47 1 IF CHAPTER XIV OF THE MICHIGAN ELECTION LAW IS IN EFFECT, THE 2 ELECTION SHALL BE HELD AS PROVIDED UNDER THE MICHIGAN ELECTION 3 LAW. 4 (3) The elections shall be held on the same day and during 5 the same hours.EachUNLESS CHAPTER XIV OF THE MICHIGAN ELEC- 6 TION LAW IS IN EFFECT, EACH school district shall vote as pro- 7 vided in part 12. BEGINNING JANUARY 1, 2001 IF CHAPTER XIV OF 8 THE MICHIGAN ELECTION LAW IS IN EFFECT, THE ELECTION SHALL BE 9 HELD AS PROVIDED UNDER THE MICHIGAN ELECTION LAW. 10 Sec. 858. (1) UNLESS CHAPTER XIV OF THE MICHIGAN ELECTION 11 LAW IS IN EFFECT, THE PROCEDURES UNDER THIS SECTION APPLY TO CON- 12 SOLIDATION ELECTIONS. BEGINNING JANUARY 1, 2001 IF CHAPTER XIV 13 OF THE MICHIGAN ELECTION LAW IS IN EFFECT, THE PROCEDURES PRE- 14 SCRIBED FOR SCHOOL ELECTIONS UNDER THE MICHIGAN ELECTION LAW 15 SHALL APPLY TO CONSOLIDATION ELECTIONS. 16 (2)(1)The intermediate superintendent shall give notice 17 of the last day of registration and notice of the date, place, 18 the propositions to be submitted, and the hours the polls will be 19 open for the special election to the school electors of the dis- 20 tricts operating less than 12 grades in the manner and at the 21 times prescribed by sections 1002 and 1058. 22 (3)(2)The intermediate superintendent shall give written 23 notice to the secretary of the board of each affected school dis- 24 trict operating 12 grades of the day and hours for holding the 25 special election. Each secretary shall give the statutory notice 26 of the day, place or places, and the hours for holding the 27 election and of the last day of registration. The intermediate 00279'97 48 1 superintendent shall notify the secretary of the board of each 2 school district of the date of the consolidation election at 3 least 60 days before the election. 4 Sec. 859. (1) UNLESS CHAPTER XIV OF THE MICHIGAN ELECTION 5 LAW IS IN EFFECT, THE PROCEDURES UNDER SUBSECTIONS (3) TO (6) 6 APPLY TO CONSOLIDATION ELECTIONS. BEGINNING JANUARY 1, 2001 IF 7 CHAPTER XIV OF THE MICHIGAN ELECTION LAW IS IN EFFECT, THE PROCE- 8 DURES PRESCRIBED FOR SCHOOL ELECTIONS UNDER THE MICHIGAN ELECTION 9 LAW SHALL APPLY TO CONSOLIDATION ELECTIONS. 10 (2)(1)The proposition shall be in substantially the fol- 11 lowing form: 12 "Shall the territory of the following school districts be 13 united to form 1 school district? 14 (Names of school districts to be consolidated to be listed 15 here) 16 Yes ( ) 17 No ( )". 18 (3)(2)Printed ballots, voting machines, or other voting 19 devices shall be used. The intermediate superintendent shall 20 supply printed ballots, poll books, and other necessary election 21 supplies to each board of election inspectors of the election 22 unit of the school districts operating less than 12 grades. 23 (4)(3)The secretary of the board of each school district 24 operating 12 grades shall provide printed ballots for the elec- 25 tion and supply all election materials necessary for the 26 election. The board of each school district shall appoint the 27 necessary school electors to the board of election inspectors. 00279'97 49 1 (5)(4)The members of the intermediate school board shall 2 act as the board of election inspectors for the election held in 3 school districts operating less than 12 grades. The intermediate 4 board may appoint additional persons to a board of election 5 inspectors. If more than 1 place for holding the election is 6 designated by the intermediate superintendent, the members of the 7 intermediate school board shall be apportioned by the intermedi- 8 ate superintendent to the boards of election inspectors. If a 9 member of the intermediate school board or other person appointed 10 to a board of election inspectors is unable to be present at the 11 election or is required to leave during the hours the polls are 12 open, the remaining members of the board of election inspectors 13 may appoint another person to fill the vacancy. 14 (6)(5)Each member of a board of election inspectors 15 shall take the constitutional oath of office before entering on 16 the duties of an election inspector. 17 (7)(6)The affirmative vote of a majority of the school 18 electors voting on the question in each of the election units 19shall beIS necessary to effect the consolidation of the school 20 districts. The consolidation shall become effective as of the 21 date of the official canvass. 22 (8)(7)Themembers of the intermediate school board and23otherinspectors of election acting in the election unit of a 24 school district operating less than 12 grades shall receive the 25 same compensation for conducting the election as is authorized 26 for election inspectors in a general state election. If the 27 consolidation becomes effective, expenses incurred for the 00279'97 50 1 election in each election unit shall be certified to the board of 2 the consolidated school district. The school board OF THE CON- 3 SOLIDATED SCHOOL DISTRICT shall pay election costs from the funds 4 of the consolidated school district. If the proposition to con- 5 solidate is not approved, the intermediate school board OR, 6 BEGINNING JANUARY 1, 2001 IF CHAPTER XIV OF THE MICHIGAN ELECTION 7 LAW IS IN EFFECT, THE LOCAL UNIT OF GOVERNMENT THAT CONDUCTED THE 8 ELECTION, shall determine the expenses of the election held in 9 the election unit operating less than 12 grades and apportion the 10 expenses equally among the school districts of the election 11 unit. Each school board of the election unit shall pay the 12 apportionment to the intermediate school board OR, BEGINNING 13 JANUARY 1, 2001 IF CHAPTER XIV OF THE MICHIGAN ELECTION LAW IS IN 14 EFFECT, THE LOCAL UNIT OF GOVERNMENT CONDUCTING THE ELECTION. 15 Sec. 861. (1) Within 10 days after the date of the official 16 canvass of the consolidation election, the intermediate school 17 board of the intermediate school district containing the terri- 18 tory of the consolidated school district shall appoint school 19 electors of the SCHOOL district in the number required by the 20 classification of the school district to act as a board for the 21 SCHOOL district. If a consolidated school district includes ter- 22 ritory in more than 1 intermediate school district, the appoint- 23 ment shall be made by the intermediate school board of each 24 intermediate school district acting jointly as a single board. 25 Within 7 days after appointment, each member shall file with the 26 intermediate superintendent an acceptance of the office, 27 accompanied by a written affidavit setting forth the fact of 00279'97 51 1 eligibilityas provided in section 1102FOR OFFICE. Except as 2 otherwise provided in subsection (2), UNLESS CHAPTER XIV OF THE 3 MICHIGAN ELECTION LAW IS IN EFFECT, each appointed board member 4 shall hold office until June thirtieth next following 5 appointment. BEGINNING JANUARY 1, 2001 IF CHAPTER XIV OF THE 6 MICHIGAN ELECTION LAW IS IN EFFECT, EACH APPOINTED BOARD MEMBER 7 SHALL HOLD OFFICE UNTIL DECEMBER 31 OF THE NEXT ODD NUMBERED YEAR 8 FOLLOWING APPOINTMENT. A new board shall be elected at the first 9 annual OR, BEGINNING JANUARY 1, 2001 IF CHAPTER XIV OF THE 10 MICHIGAN ELECTION LAW IS IN EFFECT, REGULAR SCHOOL election held 11 after the effective date of consolidation in the manner pre- 12 scribedin part 3 or part 4BY LAW for the election of a first 13 board. 14 (2)IfUNLESS CHAPTER XIV OF THE MICHIGAN ELECTION LAW IS 15 IN EFFECT, IF the effective date of the consolidation is between 16 the thirtieth day prior to the annual election and December 31, 17 the board appointed by the intermediate school board at its first 18 meeting shall call a district election to be held within 45 days 19 after the day of the meeting. At the election, a board of the 20 requisite number of members shall be elected for terms required 21 for the election of a first board.in section 111 or section22211.The election shall be in lieu of the first annual election, 23 and the first year of each term of office shall extend until July 24 1 following the next succeeding annual election.The board25shall hold its first meeting and elect officers as provided in26section 114 or section 231.00279'97 52 1 Sec. 931. (1) An intermediate school board may divide a 2 constituent districtwhichTHAT has no bonded indebtedness and 3 attach the parts thereof to 2 or more operating school districts 4 if requested to do so by resolution of the board of the school 5 district to be divided, or if petitioned by not less than 5% of 6 theregisteredschool electors residing in the district on the 7 date the petition is received, and if the school electors of the 8 district, voting on the question at an annual or, BEGINNING 9 JANUARY 1, 2001 IF CHAPTER XIV OF THE MICHIGAN ELECTION LAW IS IN 10 EFFECT, REGULAR SCHOOL ELECTION OR AT A special election, approve 11 the division. 12 (2) The city or township clerk shall certify to the interme- 13 diate superintendent the number of registered school electors 14 residing in a school district when requested by the intermediate 15 superintendent. 16 (3) The resolution of the board of the school district to be 17 divided or the petition of the registered school electors resid- 18 ing in the district may specify the effective date of the divi- 19 sion of the school district, which date shall not be later than 20 the end of the fiscal year in which the election takes place. 21 (4) The resolution of the intermediate school board to which 22 the school district to be divided is constituent shall clearly 23 describe the division. The description of the division shall be 24 based on the resolution of the board of the school district to be 25 divided or on the petition of the school electors. 26 Sec. 945. Upon receipt of an order transmitted pursuant to 27 section 944 and approving the division of the school district, 00279'97 53 1 the board of the school district to be annexed, divided, and 2 transferred shall provide by resolution for the election on the 3 question of annexing, dividing, and transferring the school 4 district., whichTHE election shall be conducted and canvassed 5 in the dividing districtpursuant to parts 12 and 13AS PRO- 6 VIDED IN THIS ACT AND THE MICHIGAN ELECTION LAW. The question to 7 be submitted to the electors shall be whether the territory of 8 the dividing school district shall be annexed and transferred in 9 the manner specified in the resolution of the dividing school 10 district. 11 SEC. 1206. BEGINNING JANUARY 1, 2001 IF CHAPTER XIV OF THE 12 MICHIGAN ELECTION LAW IS IN EFFECT, A SCHOOL DISTRICT, LOCAL ACT 13 SCHOOL DISTRICT, OR INTERMEDIATE SCHOOL DISTRICT REGULAR SCHOOL 14 ELECTION OR SPECIAL ELECTION SHALL BE ADMINISTERED AND CONDUCTED 15 AS PROVIDED IN THE MICHIGAN ELECTION LAW. A SCHOOL DISTRICT, 16 LOCAL ACT SCHOOL DISTRICT, OR INTERMEDIATE SCHOOL DISTRICT MAY 17 USE GENERAL OPERATING FUNDS TO REIMBURSE UNITS OF LOCAL GOVERN- 18 MENT INVOLVED IN ADMINISTERING AND CONDUCTING A REGULAR SCHOOL 19 ELECTION OR SPECIAL SCHOOL ELECTION FOR THE SCHOOL DISTRICT, 20 LOCAL ACT SCHOOL DISTRICT, OR INTERMEDIATE SCHOOL DISTRICT, AS 21 REQUIRED UNDER THE MICHIGAN ELECTION LAW. 22 Sec. 1212. (1) If approved by the school electors of the 23 school district, the board of a school district may levy a tax of 24 not to exceed 5 mills on the state equalized valuation of the 25 school district each year for a period of not to exceed 20 years, 26 for the purpose of creating a sinking fund to be used for the 27 purchase of real estate for sites for, and the construction or 00279'97 54 1 repair of, school buildings. The sinking fund tax levy is 2 subject to the 15 mill tax limitation provisions of section 6 of 3 article IX of the state constitution of 1963 and the property tax 4 limitation act,Act No. 62 of the Public Acts of 1933, as5amended, being sections 211.201 to 211.217a of the Michigan6Compiled Laws1933 PA 62, MCL 211.201 TO 211.217A. A school 7 district that levies a sinking fund tax under this section shall 8 have an independent audit of its sinking fund conducted annually, 9 including a review of the uses of the sinking fund, and shall 10 submit the audit report to the department of treasury. If the 11 department of treasury determines from the audit report that the 12 sinking fund has been used for a purpose other than those autho- 13 rized for the sinking fund under this section, the school dis- 14 trict shall repay the misused funds to the sinking fund from the 15 school district's operating funds and shall not levy a sinking 16 fund tax under this section after the date the department of 17 treasury makes that determination. 18 (2) The proposition of levying a sinking fund tax shall be 19 submitted to the school electors of the school district at an 20 annual or, BEGINNING JANUARY 1, 2001 IF CHAPTER XIV OF THE 21 MICHIGAN ELECTION LAW IS IN EFFECT, REGULAR SCHOOL ELECTION OR AT 22 A specialmeeting orelection. 23 (3) The question of levying taxes for the purpose of creat- 24 ing a sinking fund shall be by ballot in substantially the fol- 25 lowing form: 26 "Shall _______________________________ levy __________ mills 27 (legal name of school district) 00279'97 55 1 to create a sinking fund for the purpose of ___________________ 2 _________________________________________________________________ 3 for a period of _____ years? 4 Yes ( ) 5 No ( )". 6 (4) For the purposes of this section, millage approved by 7 the school electors before December 1, 1993 for which the autho- 8 rization has not expired is considered to be approved by the 9 school electors. 10 Sec. 1216. Except as provided inpart 7a, part 3a, and in11 section 1a of chapter 7 of the municipal finance act,Act12No. 202 of the Public Acts of 1943, being section 137.1a of the13Michigan Compiled Laws1943 PA 202, MCL 137.1A, money raised by 14 tax shall not be used for a purpose other than that for which it 15 was raised without the consent of a majority of the school elec- 16 tors of the district voting on the question at an annual or, 17 BEGINNING JANUARY 1, 2001 IF CHAPTER XIV OF THE MICHIGAN ELECTION 18 LAW IS IN EFFECT, REGULAR SCHOOL ELECTION OR AT A special 19meeting orelection. 20 Sec. 1351. (1) A school district may borrow money and issue 21 bonds of the district to defray all or a part of the cost of pur- 22 chasing, erecting, completing, remodeling, improving, furnishing, 23 refurnishing, equipping, or reequipping school buildings, includ- 24 ing library buildings, structures, athletic fields, playgrounds, 25 or other facilities, or parts of or additions to those facili- 26 ties; acquiring, preparing, developing, or improving sites, or 27 parts of or additions to sites, for school buildings, including 00279'97 56 1 library buildings, structures, athletic fields, playgrounds, or 2 other facilities; purchasing school buses; participating in the 3 administrative costs of an urban renewal program through which 4 the school district desires to acquire a site or addition to a 5 site for school purposes; refunding all or part of existing 6 bonded indebtedness; or accomplishing a combination of the pur- 7 poses set forth in this subsection.In addition, until8December 31, 1991 a school district may borrow money and issue9bonds to defray all or part of the cost of purchasing textbooks.10 (2) Except as otherwise provided in this subsection, a 11 school district shall not borrow money or issue bonds for a sum 12 that, together with the total outstanding bonded indebtedness of 13 the district, exceeds 5% of the state equalized valuation of the 14 taxable property within the district, unless the proposition of 15 borrowing the money or issuing the bonds is submitted to a vote 16 of the school electors of the district at an annual or, BEGINNING 17 JANUARY 1, 2001 IF CHAPTER XIV OF THE MICHIGAN ELECTION LAW IS IN 18 EFFECT, REGULAR SCHOOL ELECTION OR AT A special election and 19 approved by the majority of the school electors voting on the 20 question. Regardless of the amount of outstanding bonded indebt- 21 edness of the school district, a vote of the school electors is 22 not necessary in order to issue bonds for a purpose described in 23 section 1274a. 24 (3) A school district shall not issue bonds under this part 25 for an amount greater than 15% of the total assessed valuation of 26 the district, except as provided in section 1356. The bonded 27 indebtedness of a district shall not extend beyond a period of 30 00279'97 57 1 years. Refunding bonds or the refunding part of a bond issue 2 shall not be considered to be within the 15% limitation but shall 3 be considered to be authorized in addition to the 15% 4 limitation. A bond qualified under section 16 of article IX of 5 the state constitution of 1963 and implementing legislation shall 6 not be included for purposes of calculating the 15% limitation. 7 Bonds issued pursuant to this section are subject to the munici- 8 pal finance act,Act No. 202 of the Public Acts of 1943, being9sections 131.1 to 139.3 of the Michigan Compiled Laws1943 10 PA 202, MCL 131.1 TO 139.3, except that bonds issued for a pur- 11 pose described in section 1274a may be sold at a public or pub- 12 licly negotiated sale at the time or times, at the price or 13 prices, and at a discount as determined by the board of the 14 school district. 15 (4) Bonds or notes issued by a school district or intermedi- 16 ate school district pursuant tosections 144, 251, 335, 442, or17629THIS ACT for the purposes authorized by this section and 18 section 1274a shall be full faith and credit tax limited obliga- 19 tions of the district pledging the general funds, voted and allo- 20 cated tax levies, or any other money available for such a purpose 21 and shall not allow or provide for the levy of additional millage 22 for payment of the bond or note without a vote of the qualified 23 electorate of the district. 24(5) If a bond proposal for bonds to be used in whole or25part to defray all or part of the cost of purchasing textbooks26has been approved by a majority of the school electors voting on27the question before the effective date of the amendatory act that00279'97 58 1added this subsection, and the bonds otherwise meet the2requirements of this section, the issuance of those bonds for a3period not to exceed 5 years is ratified and confirmed and the4bonds are considered to be issued under this section.5 Sec. 1361. (1) School district elections upon the issuance 6 of bonds shall be held and conductedas elections in registra-7tion districtsin accordance withpart 13THIS ACT AND THE 8 MICHIGAN ELECTION LAW. Members of the SCHOOL boardof education9 shall not serve on a board of election inspectors. 10 (2) The question shall be submitted by ballot in substan- 11 tially the following form: 12 "Shall .................................................., 13 (here state the legal name of the school district) 14 county/or counties of .................... and state of 15 Michigan, borrow the sum of not to exceed .................... 16 dollars ($....................) and issue its bonds therefor, 17 for the purpose of ....................? 18 Yes ( )" 19 No ( )". 20 (3) Anything contained in the ballot not specified in this 21 section shall be considered surplusage and of no legal effect. 22 Sec. 1722. (1) The question of adopting sections 1722 to 23 1729 may be submitted to the school electors of an intermediate 24 school district at an annual election OR, BEGINNING JANUARY 1, 25 2001 IF CHAPTER XIV OF THE MICHIGAN ELECTION LAW IS IN EFFECT, 26 REGULAR SCHOOL ELECTION or at a special election held in each of 27 the constituent districts. Sections 1722 to 1729 shall be 00279'97 59 1 effective if approved by a majority of the school electors of an 2 intermediate school district voting at an election called and 3 conducted under sections 661 and 662. 4 (2) Sections 1722 to 1729 shall continue in effect in an 5 intermediate school district reorganized pursuant to section 6 701. 7 Enacting section 1. The following sections and parts of 8 1976 PA 451 are repealed effective January 1, 2001 if chapter XIV 9 of the Michigan election law, 1954 PA 116, is in effect: 10 (a) Section 662, MCL 380.662. 11 (b) Part 12, MCL 380.1001 to 380.1071. 12 (c) Part 14, MCL 380.1101 to 380.1106. 13 Enacting section 2. This amendatory act does not take 14 effect unless Senate Bill No. ______ or House Bill No. ______ 15 (request no. 00278'97) of the 89th Legislature is enacted into 16 law. 00279'97 Final page. TAV