HOUSE BILL No. 5214 October 1, 1997, Introduced by Rep. Brackenridge 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, 616, 617, 661, 662, 681, 687, 690, 701, 702, 705, 861, 931, 1024, 1031, 1052, 1053, 1057, 1058, 1103, 1212, 1216, 1351, 1451, and 1722 (MCL 380.4, 380.5, 380.6, 380.11a, 380.503, 380.513, 380.616, 380.617, 380.661, 380.662, 380.681, 380.687, 380.690, 380.701, 380.702, 380.705, 380.861, 380.931, 380.1024, 380.1031, 380.1052, 380.1053, 380.1057, 380.1058, 380.1103, 380.1212, 380.1216, 380.1351, 380.1451, and 380.1722), sections 5, 6, 503, 513, 687, and 690 as amended and sections 11a and 1031 as added by 1995 PA 289, section 617 as amended by 1989 PA 268, section 662 as amended by 1982 PA 369, sections 681, 705, and 1451 as amended by 1994 PA 258, sections 1052 and 1057 as amended by 1992 PA 263, section 1053 as amended by 1993 PA 9, section 1212 as amended by 03723'97 TAV 2 1993 PA 312, section 1216 as amended by 1992 PA 236, and section 1351 as amended by 1990 PA 352. 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 theannualREGULAR school elections of constituent districts 16 or on a date determined by the intermediate school board under 17 sections 661 and 662. 18 (6) "Intermediate school elector" means a person who is a 19 school elector of a constituent district and who is registered in 20 the city or township in which the person resides. 21 (7) "Intermediate superintendent" means the superintendent 22 of an intermediate school district. 23 Sec. 5. (1) "Local act school district" or "special act 24 school district" means a district governed by a special or local 03723'97 3 1 act or chapter of a local act. "Local school district" and 2 "local school district board" as used in article 3 include local 3 act school district and a local act school district board. 4 (2) "Membership" means the number of full-time equivalent 5 pupils in a public school as determined by the number of pupils 6 registered for attendance plus pupils received by transfer and 7 minus pupils lost as defined by rules promulgated by the state 8 board. 9 (3) "Nonpublic school" means a private, denominational, or 10 parochial school. 11 (4) "Objectives" means measurable pupil academic skills and 12 knowledge. 13 (5) "Public school" means a public elementary or secondary 14 educational entity or agency that is established under this act, 15 has as its primary mission the teaching and learning of academic 16 and vocational-technical skills and knowledge, and is operated by 17 a school district, local act school district, special act school 18 district, intermediate school district, public school academy 19 corporation, or by the department or state board. Public school 20 also includes a laboratory school or other elementary or second- 21 ary school that is controlled and operated by a state public uni- 22 versity described in section 4, 5, or 6 of article VIII of the 23 state constitution of 1963. 24 (6) "Pupil membership count day" of a school district means 25 that term as defined in section 6 of the state school aid act of 26 1979,being section 388.1606 of the Michigan Compiled Laws27 MCL 388.1606. 03723'97 4 1 (7) "REGULAR SCHOOL ELECTION" OR "REGULAR ELECTION" MEANS 2 THE ELECTION HELD IN A SCHOOL DISTRICT OR LOCAL ACT SCHOOL DIS- 3 TRICT ON THE DATE PRESCRIBED UNDER SECTION 1031. 4 (8)(7)"Reorganized intermediate school district" means 5 an intermediate school district formed by consolidation or annex- 6 ation of 2 or more intermediate school districts under sections 7 701 and 702. 8 (9)(8)"Rule" means a rule promulgated pursuant to the 9 administrative procedures act of 1969,Act No. 306 of the Public10Acts of 1969, being sections 24.201 to 24.328 of the Michigan11Compiled Laws1969 PA 306, MCL 24.201 TO 24.328. 12 Sec. 6. (1) "School district" or "local school district" 13 means a general powers school district organized under this act, 14 regardless of previous classification, or a school district of 15 the first class. 16 (2) "School elector" means a person qualified as an elector 17 under section 492 of the Michigan election law,Act No. 116 of18the Public Acts of 1954, being section 168.492 of the Michigan19Compiled Laws1954 PA 116, MCL 168.492, registered as provided 20 in part 12, and resident of the school district, local act school 21 district, or intermediate school district on or before the thir- 22 tieth day before the next ensuingannualREGULAR or special 23 school election. 24 (3) "School month" means a 4-week period of 5 days each 25 unless otherwise specified in the teacher's contract. 26 (4) "Special education building and equipment" means a 27 structure or portion of a structure or personal property 03723'97 5 1 accepted, leased, purchased, or otherwise acquired, prepared, or 2 used for special education programs and services. 3 (5) "Special education personnel" means persons engaged in 4 and having professional responsibility for the training, care, 5 and education of handicapped persons in special education pro- 6 grams and services including, but not limited to, teachers, 7 aides, school social workers, diagnostic personnel, physical 8 therapists, occupational therapists, audiologists, teachers of 9 speech and language, instructional media-curriculum specialists, 10 mobility specialists, teacher consultants, supervisors, and 11 directors. 12 (6) "Special education programs and services" means educa- 13 tional and training services designed for handicappers and oper- 14 ated by local school districts, local act school districts, 15 PUBLIC SCHOOL ACADEMIES, intermediate school districts, the 16 Michigan school for the blind, the Michigan school for the deaf, 17 the department ofmentalCOMMUNITY health, thedepartment of18social servicesFAMILY INDEPENDENCE AGENCY, or a combination 19thereofOF THESE, and ancillary professional services for hand- 20 icappers rendered by agencies approved by the state board. The 21 programs shall include vocational training, but need not include 22 academic programs of college or university level. 23 (7) "SPECIAL SCHOOL ELECTION" OR "SPECIAL ELECTION" MEANS AN 24 ELECTION HELD IN A SCHOOL DISTRICT AT A DATE OTHER THAN THE REGU- 25 LAR SCHOOL ELECTION, AS PROVIDED UNDER THIS ACT. 26 (8)(7)"State approved nonpublic school" means a 27 nonpublic school that complies withAct No. 302 of the Public03723'97 6 1Acts of 1921, being sections 388.551 to 388.558 of the Michigan2Compiled Laws1921 PA 302, MCL 388.551 TO 388.558. 3 (9)(8)"State board" means the state board of education 4 unless clearly otherwise stated. 5 (10)(9)"Department" means the department of education 6 created and operating under sections 300 to 305 of the executive 7 organization act of 1965,Act No. 380 of the Public Acts of81965, being sections 16.400 to 16.405 of the Michigan Compiled9Laws1965 PA 380, MCL 16.400 TO 16.405. 10 (11)(10)"State school aid" means allotments from the 11 general appropriating act for the purpose of aiding in the sup- 12 port of the public schools of the state. 13 (12)(11)"The state school aid act of 1979" meansAct14No. 94 of the Public Acts of 1979, being sections 388.1601 to15388.1772 of the Michigan Compiled Laws1979 PA 94, MCL 388.1601 16 TO 388.1772. 17 Sec. 11a. (1) Beginning on the effective date of this sec- 18 tion, each school district formerly organized as a primary school 19 district or as a school district of the fourth class, third 20 class, or second class shall be a general powers school district 21 under this act. 22 (2) Beginning on the effective date of this section, a 23 school district operating under a special or local act shall 24 operate as a general powers school district under this act except 25 to the extent that the special or local act is inconsistent with 26 this act. Upon repeal of a special or local act that governs a 03723'97 7 1 school district, that school district shall become a general 2 powers school district under this act. 3 (3) A general powers school district has all of the rights, 4 powers, and duties expressly stated in this act; may exercise a 5 power implied or incident to any power expressly stated in this 6 act; and, except as provided by law, may exercise a power inci- 7 dental or appropriate to the performance of any function related 8 to operation of the school district in the interests of public 9 elementary and secondary education in the school district, 10 including, but not limited to, all of the following: 11 (a) Educating pupils. In addition to educating pupils in 12 grades K-12, this function may include operation of preschool, 13 lifelong education, adult education, community education, train- 14 ing, enrichment, and recreation programs for other persons. 15 (b) Providing for the safety and welfare of pupils while at 16 school or a school sponsored activity or while en route to or 17 from school or a school sponsored activity. 18 (c) Acquiring, constructing, maintaining, repairing, reno- 19 vating, disposing of, or conveying school property, facilities, 20 equipment, technology, or furnishings. 21 (d) Hiring, contracting for, scheduling, supervising, or 22 terminating employees, independent contractors, and others to 23 carry out school district powers. A school district may indem- 24 nify its employees. 25 (e) Receiving, accounting for, investing, or expending 26 school district money; borrowing money and pledging school 27 district funds for repayment; and qualifying for state school aid 03723'97 8 1 and other public or private money from local, regional, state, or 2 federal sources. 3 (4) A general powers school district may enter into agree- 4 ments or cooperative arrangements with other entities, public or 5 private, or join organizations as part of performing the func- 6 tions of the school district. 7 (5) A general powers school district is a body corporate and 8 shall be governed by a school board. An act of a school board is 9 not valid unless approved, at a meeting of the school board, by a 10 majority vote of the members lawfully serving on the board. 11 (6) The board of a general powers school district shall 12 adopt bylaws. These bylaws may establish or change board proce- 13 dures, the number of board officers, titles and duties of board 14 officers, and any other matter related to effective and efficient 15 functioning of the board. Regular meetings of the board shall be 16 held at least once each month, at the time and place fixed by the 17 bylaws. Special meetings may be called and held in the manner 18 and for the purposes specified in the bylaws. Board procedures, 19 bylaws, and policies in effect on the effective date of this sec- 20 tion shall continue in effect until changed by action of the 21 board. 22 (7) BEGINNING JANUARY 1, 1999, THE BOARD OF A GENERAL POWERS 23 SCHOOL DISTRICT SHALL HOLD ITS REGULAR SCHOOL ELECTION ON THE 24 DATE SPECIFIED IN SECTION 1031 IN EACH ODD NUMBERED YEAR. 25 (8)(7)The board of a school district shall be elected as 26 provided under this act and the Michigan election law,Act27No. 116 of the Public Acts of 1954, being sections 168.1 to03723'97 9 1168.992 of the Michigan Compiled Laws.1954 PA 116, MCL 168.1 TO 2 168.992. The number of members of the board of a general powers 3 school district, and, SUBJECT TO SUBSECTION (10), the term of 4 office for a board member of a general powers school district, 5 shall remain the same asthey werefor that school district 6 beforethe effective date of this section unless either or both7areJULY 1, 1996 UNLESS changed by the school electors of the 8 school district at a regular or special election. A proposition 9 for changing the number of board members or term of office may be 10 placed on the ballot by action of the board or by petition sub- 11 mitted by school electors as provided under this act. 12 (9)(8) On the effective date of this section, theTHE 13 board of each school district shall continue to be the board of 14 the school district and to function in that capacity. A person 15 lawfully serving onthe effective date of this actJULY 1, 1996 16 as a member of the board of a school district shall continue to 17 be a member of the board and shall continue in office for the 18 remainder of the term for which the person was elected or 19 appointed OR UNTIL A SUCCESSOR IS ELECTED AND QUALIFIED. 20 (10) BEGINNING JANUARY 1, 1999, MEMBERS OF THE BOARD OF A 21 GENERAL POWERS SCHOOL DISTRICT SHALL BE ELECTED BY THE SCHOOL 22 ELECTORS FOR TERMS OF 4 YEARS. AT EACH REGULAR SCHOOL ELECTION 23 AFTER JANUARY 1, 1999, MEMBERS OF THE BOARD SHALL BE ELECTED TO 24 FILL THE POSITIONS OF THOSE WHOSE TERMS WILL EXPIRE. A TERM OF 25 OFFICE SHALL NOT BE SHORTENED BY THE OPERATION OF THIS 26 SUBSECTION. IF A BOARD MEMBER'S TERM OF OFFICE WAS SCHEDULED BY 27 PRIOR LAW TO EXPIRE IN AN EVEN NUMBERED YEAR, THAT BOARD MEMBER'S 03723'97 10 1 TERM OF OFFICE SHALL NOT EXPIRE IN THAT YEAR BUT IS INSTEAD 2 EXTENDED UNTIL THE SAME MONTH AND DAY AS THE DATE THE TERM OF 3 OFFICE WAS SCHEDULED BY PRIOR LAW TO EXPIRE IN THE NEXT ODD NUM- 4 BERED YEAR. 5 (11) THE BOARD OF A GENERAL POWERS SCHOOL DISTRICT MAY 6 SUBMIT TO THE SCHOOL ELECTORS OF THE SCHOOL DISTRICT A MEASURE, 7 PROPOSITION, OR QUESTION THAT IS WITHIN THE SCOPE OF THE POWERS 8 OF THE SCHOOL ELECTORS AND THAT THE BOARD CONSIDERS JUST AND 9 PROPER FOR THE PROPER MANAGEMENT OR CONDUCT OF THE SCHOOL SYSTEM 10 OR THE ADVANCEMENT OF EDUCATION IN THE SCHOOLS OF THE SCHOOL 11 DISTRICT. UPON THE ADOPTION OF A MEASURE OR QUESTION BY THE 12 BOARD, THE BOARD SHALL SUBMIT THE MEASURE OR QUESTION TO THE 13 SCHOOL ELECTORS OF THE SCHOOL DISTRICT AT THE NEXT ENSUING REGU- 14 LAR SCHOOL ELECTION OR AT A SPECIAL ELECTION. 15 (12)(9)Unless expressly provided inthe amendatory act16that added this section1995 PA 289, the powers of a school 17 board or school district are not diminished by this section or by 18theTHAT amendatory act.that added this section.19 (14)(10)A school district operating a public library, 20 public museum, or community recreational facility as ofthe21effective date of the amendatory act that added this section22 JULY 1, 1996 may continue to operate the public library, public 23 museum, or community recreational facility. 24 Sec. 503. (1) An authorizing body is not required to issue 25 a contract to any person or entity. Public school academy con- 26 tracts shall be issued on a competitive basis taking into 27 consideration the resources available for the proposed public 03723'97 11 1 school academy, the population to be served by the proposed 2 public school academy, and the educational goals to be achieved 3 by the proposed public school academy. 4 (2) 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 502(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. The petition shall be 15 filed with the secretary of the board. Ifthe board receivesa 16 petition meeting the requirements of this subsection IS FILED, 17 the board shallplaceCAUSE the question of issuing the con- 18 tract TO BE PLACED on the ballot at its nextannualREGULAR 19 school election held at least 60 days after receiving the 20 petition. If a majority of the school electors of the school 21 district voting on the question vote to issue the contract, the 22 board shall issue the contract. 23 (3) Within 10 days after issuing a contract for a public 24 school academy, the board of the authorizing body shall submit to 25 the state board a copy of the contract and of the application 26 under section 502. 03723'97 12 1 (4) An authorizing body shall adopt a resolution 2 establishing the method of selection, length of term, and number 3 of members of the board of directors of each public school acad- 4 emy subject to its jurisdiction. 5 (5) A contract issued to organize and administer a public 6 school academy shall contain at least all of the following: 7 (a) The educational goals the public school academy is to 8 achieve and the methods by which it will be held accountable. To 9 the extent applicable, the pupil performance of a public school 10 academy shall be assessed using at least a Michigan education 11 assessment program (MEAP) test or an assessment instrument devel- 12 oped under section 1279 for a state-endorsed high school 13 diploma. 14 (b) A description of the method to be used to monitor the 15 public school academy's compliance with applicable law and its 16 performance in meeting its targeted educational objectives. 17 (c) A description of the process for amending the contract 18 during the term of the contract. 19 (d) All of the matters set forth in the application for the 20 contract. 21 (e) For a public school academy authorized by a school dis- 22 trict, an agreement that employees of the public school academy 23 will be covered by the collective bargaining agreements that 24 apply to employees of the school district employed in similar 25 classifications in schools that are not public school academies. 03723'97 13 1 (f) Procedures for revoking the contract and grounds for 2 revoking the contract, including at least the grounds listed in 3 section 507. 4 (g) A description of and address for the proposed physical 5 plant in which the public school academy will be located. 6 (h) Requirements and procedures for financial audits. The 7 financial audits shall be conducted at least annually by a certi- 8 fied public accountant in accordance with generally accepted gov- 9 ernmental auditing principles. 10 (6) A public school academy shall comply with all applicable 11 law, including all of the following: 12 (a) The open meetings act,Act No. 267 of the Public Acts13of 1976, being sections 15.261 to 15.275 of the Michigan Compiled14Laws1976 PA 267, MCL 15.261 TO 15.275. 15 (b) The freedom of information act,Act No. 442 of the16Public Acts of 1976, being sections 15.231 to 15.246 of the17Michigan Compiled Laws1976 PA 442, MCL 15.231 TO 15.246. 18 (c)Act No. 336 of the Public Acts of 1947, being19sections 423.201 to 423.217 of the Michigan Compiled Laws1947 20 PA 336, MCL 423.201 TO 423.217. 21 (d)Act No. 166 of the Public Acts of 1965, being22sections 408.551 to 408.558 of the Michigan Compiled Laws1965 23 PA 166, MCL 408.551 TO 408.558. 24 (e) Sections 1134, 1135, 1146, 1153, 1263(3), 1267, and 25 1274. 26 (7) A public school academy and its incorporators, board 27 members, officers, employees, and volunteers have governmental 03723'97 14 1 immunity as provided in section 7 ofAct No. 170 of the Public2Acts of 1964, being section 691.1407 of the Michigan Compiled3Laws1964 PA 170, MCL 691.1407. An authorizing body and its 4 board members, officers, and employees are immune from civil 5 liability, both personally and professionally, for any acts or 6 omissions in authorizing a public school academy if the authoriz- 7 ing body or the person acted or reasonably believed he or she 8 acted within the authorizing body's or the person's scope of 9 authority. 10 (8) A public school academy is exempt from all taxation on 11 its earnings and property. Instruments of conveyance to or from 12 a public school academy are exempt from all taxation including 13 taxes imposed byAct No. 134 of the Public Acts of 1966, being14sections 207.501 to 207.513 of the Michigan Compiled Laws1966 15 PA 134, MCL 207.501 TO 207.513. A public school academy may not 16 levy ad valorem property taxes or any other tax for any purpose. 17 However, operation of 1 or more public school academies by a 18 school district or intermediate school district does not affect 19 the ability of the school district or intermediate school dis- 20 trict to levy ad valorem property taxes or any other tax. 21 (9) A public school academy may acquire by purchase, gift, 22 devise, lease, sublease, installment purchase agreement, land 23 contract, option, or by any other means, hold and own in its own 24 name buildings and other property for school purposes, and inter- 25 ests therein, and other real and personal property, including, 26 but not limited to, interests in property subject to mortgages, 27 security interests, or other liens, necessary or convenient to 03723'97 15 1 fulfill its purposes. For the purposes of condemnation, a public 2 school academy may proceed under the uniform condemnation proce- 3 dures act,Act No. 87 of the Public Acts of 1980, being sections4213.51 to 213.77 of the Michigan Compiled Laws1980 PA 87, 5 MCL 213.51 TO 213.75, excluding sections 6 to 9 of that act, 6being sections 213.56 to 213.59 of the Michigan Compiled Laws7 MCL 213.56 TO 213.59, or other applicable statutes, but only with 8 the express, written permission of the authorizing body in each 9 instance of condemnation and only after just compensation has 10 been determined and paid. 11 Sec. 513. (1) An authorizing body is not required to issue 12 a contract to any person or entity. Public school academy con- 13 tracts shall be issued on a competitive basis taking into consid- 14 eration the resources available for the proposed public school 15 academy, the population to be served by the proposed public 16 school academy, and the educational goals to be achieved by the 17 proposed public school academy. 18 (2) If an authorizing body determines that an application 19 submitted to it under section 512 meets the authorizing body's 20 requirements and the requirements of applicable law, the autho- 21 rizing body, by 1 or more resolutions, may approve the applica- 22 tion, adopt articles of incorporation for the public school acad- 23 emy, appoint the initial board of directors for the public school 24 academy, and approve and authorize execution of the contract 25 between the authorizing body and the public school academy. The 26 affirmative vote of a majority of the members serving on the 03723'97 16 1 board of the authorizing body is required for adoption of a 2 resolution described in this subsection. 3 (3) 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 512(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. The petition shall be 14 filed with the secretary of the board. Ifthe board receivesa 15 petition meeting the requirements of this subsection IS FILED, 16 the board shallplaceCAUSE the question of issuing the con- 17 tract TO BE PLACED on the ballot at its nextannualREGULAR 18 school election held at least 60 days after receiving the 19 petition. If a majority of the school electors of the school 20 district voting on the question vote to issue the contract, the 21 board shall issue the contract in the manner specified in subsec- 22 tion (2). 23 (4) Within 10 days after issuing a contract for a public 24 school academy, the board of the authorizing body shall submit to 25 the state board a copy of the contract and of the application 26 under section 512. 03723'97 17 1 (5) Subject to section 512a, an authorizing body shall adopt 2 a resolution establishing the method of selection, length of 3 term, and number of members of the board of directors of each 4 public school academy subject to its jurisdiction. 5 (6) A contract issued to organize and administer a public 6 school academy shall contain at least all of the following: 7 (a) The educational goals the public school academy is to 8 achieve and the methods by which it will be held accountable. To 9 the extent applicable, the pupil performance of a public school 10 academy shall be assessed using at least a Michigan education 11 assessment program (MEAP) test or an assessment instrument devel- 12 oped under section 1279 for a state-endorsed high school 13 diploma. 14 (b) A description of the method to be used to monitor the 15 public school academy's compliance with applicable law and its 16 performance in meeting its targeted educational objectives. 17 (c) A description of the process for amending the contract 18 during the term of the contract. 19 (d) All of the matters set forth in the application for the 20 contract. 21 (e) For a public school academy authorized by a school dis- 22 trict, an agreement that employees of the public school academy 23 will be covered by the collective bargaining agreements that 24 apply to employees of the school district employed in similar 25 classifications in schools that are not public school academies. 03723'97 18 1 (f) Procedures for revoking the contract and grounds for 2 revoking the contract, including at least the grounds listed in 3 section 517. 4 (g) A description of and address for the proposed physical 5 plant in which the public school academy will be located. 6 (h) Requirements and procedures for financial audits. The 7 financial audits shall be conducted at least annually by a certi- 8 fied public accountant in accordance with generally accepted gov- 9 ernmental auditing principles. 10 (i) Types and amounts of insurance coverage. 11 (j) Legal remedies of the authorizing body and the state 12 board, in addition to remedies under law, for substantial failure 13 by the public school academy to meet its obligations under the 14 contract. 15 (7) The term of a contract issued under this section shall 16 not exceed 10 years, and a contract is subject to mandatory 17 review at least every 7 years by the authorizing body to review 18 whether the public school academy is in compliance with the con- 19 tract and applicable law. A contract may be renewed by the 20 authorizing body for succeeding terms not to exceed 10 years, 21 subject to mandatory review as described in this subsection. 22 (8) A public school academy shall comply with all of the 23 following: 24 (a) The open meetings act,Act No. 267 of the Public Acts25of 1976, being sections 15.261 to 15.275 of the Michigan Compiled26Laws1976 PA 267, MCL 15.261 TO 15.275. 03723'97 19 1 (b) The freedom of information act,Act No. 442 of the2Public Acts of 1976, being sections 15.231 to 15.246 of the3Michigan Compiled Laws1976 PA 442, MCL 15.231 TO 15.246. 4 (c)Act No. 336 of the Public Acts of 1947, being5sections 423.201 to 423.217 of the Michigan Compiled Laws1947 6 PA 336, MCL 423.201 TO 423.217. 7 (d)Act No. 166 of the Public Acts of 1965, being8sections 408.551 to 408.558 of the Michigan Compiled Laws1965 9 PA 166, MCL 408.551 TO 408.558. 10 (e) Sections 1134, 1135, 1146, 1153, 1263(3), 1267, and 11 1274. 12 (f)Act No. 35 of the Public Acts of 1951, being sections13124.1 to 124.13 of the Michigan Compiled Laws1951 PA 35, 14 MCL 124.1 TO 124.13. 15 (g)Act No. 8 of the Public Acts of the Extra Session of161967, being sections 124.531 to 124.536 of the Michigan Compiled17Laws1967 (EX SESS) PA 8, MCL 124.531 TO 124.536. 18 (9) Subsection (8) does not exempt a public school academy 19 from any law. 20 (10) A public school academy and its incorporators, board 21 members, officers, employees, and volunteers have governmental 22 immunity as provided in section 7 ofAct No. 170 of the Public23Acts of 1964, being section 691.1407 of the Michigan Compiled24Laws1964 PA 170, MCL 691.1407. An authorizing body and its 25 board members, officers, and employees are immune from civil 26 liability, both personally and professionally, for any acts or 27 omissions in authorizing a public school academy if the 03723'97 20 1 authorizing body or the person acted or reasonably believed he or 2 she acted within the authorizing body's or the person's scope of 3 authority. 4 (11) A public school academy is exempt from all taxation on 5 its earnings and property. Instruments of conveyance to or from 6 a public school academy are exempt from all taxation including 7 taxes imposed byAct No. 134 of the Public Acts of 1966, being8sections 207.501 to 207.513 of the Michigan Compiled Laws1966 9 PA 134, MCL 207.501 TO 207.513. A public school academy may not 10 levy ad valorem property taxes or any other tax for any purpose. 11 However, operation of 1 or more public school academies by a 12 school district or intermediate school district does not affect 13 the ability of the school district or intermediate school dis- 14 trict to levy ad valorem property taxes or any other tax. 15 (12) A public school academy may acquire by purchase, gift, 16 devise, lease, sublease, installment purchase agreement, land 17 contract, option, or by any other means, hold and own in its own 18 name buildings and other property for school purposes, and inter- 19 ests therein, and other real and personal property, including, 20 but not limited to, interests in property subject to mortgages, 21 security interests, or other liens, necessary or convenient to 22 fulfill its purposes. For the purposes of condemnation, a public 23 school academy may proceed under the uniform condemnation proce- 24 dures act,Act No. 87 of the Public Acts of 1980, being sections25213.51 to 213.77 of the Michigan Compiled Laws1980 PA 87, 26 MCL 213.51 TO 213.75, excluding sections 6 to 9 of that act, 27being sections 213.56 to 213.59 of the Michigan Compiled Laws03723'97 21 1 MCL 213.56 TO 213.59, or other applicable statutes, but only with 2 the express, written permission of the authorizing body in each 3 instance of condemnation and only after just compensation has 4 been determined and paid. 5 Sec. 616. (1) An intermediate school board may submit to 6 the school electors of the constituent districts comprising the 7 intermediate school district the question of adoption of sections 8 615 to 617. The question shall be in substantially the following 9 form: 10 "Shall sections 615 to 617 of the REVISED school code,of111976, as amended,providing for the popular election of members 12 of the intermediate school board be effective within the constit- 13 uent districts of __________ (name of intermediate school 14 district)? 15 Yes ( ) 16 No ( )". 17 (2) The intermediate school board shall submit the question 18 upon receipt of resolutions adopted by a majority of the boards 19 of constituent districts and representing more than 1/2 of the 20 combined memberships of the constituent districts of the interme- 21 diate school district as of the latest pupil membership count 22 day. The resolutions of the constituent district boards shall be 23 adopted between December 1 and the next succeeding March 1. The 24 question shall be presented to the school electors of the con- 25 stituent districts at the nextannualREGULAR SCHOOL election 26 after resolutions of constituent district boards meeting the 03723'97 22 1 requirements of this section have been filed with the secretary 2 of the intermediate school board. 3 (3) If a majority of the school electors votes in favor of 4 popular election, members of the intermediate school board shall 5 be elected at the nextannualREGULAR SCHOOL election OF THE 6 CONSTITUENT SCHOOL DISTRICTS and biennially thereafter at the 7annualREGULAR school elections of the constituent SCHOOL 8 districts. If a constituent SCHOOL district holds itsannual9 REGULAR election on a date other than the second Monday in June, 10 an election for the purpose of choosing members of the intermedi- 11 ate school board shall be held in that CONSTITUENT SCHOOL dis- 12 trict 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) In an intermediate school district in which 17 sections 615 to 617 are effective, a candidate for the office of 18 member of the intermediate school board shall be nominated by 19 filing nominating petitions and an affidavit as provided in sec- 20 tion 558 of the Michigan election law,Act No. 116 of the Public21Acts of 1954, being section 168.558 of the Michigan Compiled22Laws1954 PA 116, MCL 168.558, with the secretary of the board 23 of the intermediate school district before 4 p.m. of the ninth 24 Monday before the election. 25 (2) The nominating petitions shall be in the form provided 26 in section 1066. Nominating petitions shall contain signatures 27 of school electors who are registered to vote in the city or 03723'97 23 1 township in which they reside equal in number to not less than 2 1.5% of the combined pupil memberships of the constituent dis- 3 tricts on the latest pupil membership count day. A candidate is 4 not required to file signatures of more than 5,000 voters. Each 5 sheet of the petition shall be circulated in 1 city or township 6 only. 7 (3) Within 14 days after the last date for filing, the sec- 8 retary of the intermediate school board shall certify the names 9 and addresses of those candidates whose petitions are found to be 10 sufficient to the secretaries of the boards of the constituent 11 districts. The secretary of the intermediate school board shall 12 certify the number to be elected. The secretary of the interme- 13 diate school board shall notify the county clerk of the names and 14 addresses of the candidates not later than 3 days after the last 15 day for candidate withdrawal. However, if the third day is a 16 Saturday, Sunday, or legal holiday, the notice may be sent on the 17 next day that is not a Saturday, Sunday, or legal holiday. 18 (4) The intermediate school board shall provide ballots for 19 the election of members of the intermediate school board and dis- 20 tribute the ballots to the secretaries of each of the constituent 21 districts not less than 20 days before theannualREGULAR 22 school elections. 23 (5) At the first election, 3 members of an intermediate 24 school board shall be elected for a term of 6 years, 2 for a term 25 of 4 years, and 2 for a term of 2 years. After the first elec- 26 tion, their successors shall be elected biennially for terms of 6 27 years. 03723'97 24 1 (6) The intermediate school board of an intermediate school 2 district adopting sections 615 to 617 shall fill a vacancy in the 3 board's membership by appointing a member to serve until the next 4 biennial INTERMEDIATE SCHOOL DISTRICT election, at which time a 5 member shall be elected for the balance of the unexpired term. 6 Sec. 661. (1) The intermediate school board may submit 7 questions to the school electors of the intermediate school dis- 8 trict atan annualA REGULAR or special SCHOOL election held in 9 each of the constituent districts. A question shall not be sub- 10 mitted to the intermediate school electors unless the question is 11 within the lawful authority of the INTERMEDIATE SCHOOL electors 12of the intermediate school districtto decide. 13 (2) A person who is a school elector of a constituent dis- 14 trict of an intermediate school district and who is registered in 15 the city or township in which that person resides is an 16 INTERMEDIATE SCHOOL elector of that intermediate school 17 district. 18 (3) If a question is submitted to intermediate school elec- 19 tors at an annual school election, and a constituent district 20 does not hold its annual election on the second Monday of June, 21 the intermediate school board shall call a special election in 22 that constituent district to be held on the same date as the 23 annual school election. 24 (4) The secretary shall be the chief election officer of the 25 intermediate school district with authority to delegate election 26 duties to a member of the administrative staff. 03723'97 25 1 Sec. 662. (1) The date of a special election of the 2 intermediate school district shall be subject to the approval of 3 the county election scheduling committee under section 639 of 4Act No. 116 of the Public Acts of 1954, as amended, being sec-5tion 168.639 of the Michigan Compiled LawsTHE MICHIGAN ELECTION 6 LAW, 1954 PA 116, MCL 168.639. The intermediate school board 7 secretary shall file a copy of the resolution of the intermediate 8 school board calling a special election with the secretary of 9 each constituent district at least 60 days before the date of the 10 election. If a question is submitted at a special election to 11 the school electors of an intermediate school district having a 12 population of more than 1,400,000, the special election shall be 13 held at a state primary or state general election. 14 (2) The resolution of the intermediate school board shall 15 contain a statement of the proposition to be submitted to the 16 school electors. 17 (3) If a proposition is submitted at theannualREGULAR 18 SCHOOL election of the constituent districts, the intermediate 19 school board secretary shall give notice of that fact together 20 with a statement of the proposition to the secretary of each con- 21 stituent district at least 60 days before the date of the 22annualREGULAR school election. If the intermediate school 23 board submits a proposition to the school electors atan annual24 A REGULAR SCHOOL election, the secretary of each constituent dis- 25 trict board shall include in the constituent district's notice of 26 election a statement of the proposition. 03723'97 26 1 (4) If a special election is called by the intermediate 2 school board, the secretary of each constituent district board 3 shall give notice of the last day of registration for the 4 election. 5 (5) If an intermediate school district proposition is sub- 6 mitted at an election, the secretary of each constituent district 7 board shall perform the duties prescribed under the laws relating 8 to elections of the intermediate school district in the same 9 manner as for a proposition submitted in an election of the con- 10 stituent district, including furnishing ballots and necessary 11 election supplies. 12 (6) Expenses incurred by a constituent district in the con- 13 duct of a special election shall be paid by the intermediate 14 school board upon the presentation of statements itemizing the 15 costs of the special election. The intermediate school board 16 shall pay a pro rata share of the costs incurred by a constituent 17 district if an intermediate school district proposition is sub- 18 mitted at theannualREGULAR election of a constituent 19 district. 20 (7) Election returns shall be filed with the secretary of 21 the board of each constituent district. Before 11 a.m. on the 22 day following the election the secretary of each constituent dis- 23 trict shall deliver the election returns to the clerk of the 24 board of county canvassers in the county in which the greatest 25 number ofregisteredINTERMEDIATE school electors of the inter- 26 mediate school district reside at the close of the registration 27 for the election. The canvass shall be made in accordance with 03723'97 27 1 sections 821 to 830 ofAct No. 116 of the Public Acts of 1954,2as amended, being sections 168.821 to 168.830 of the Michigan3Compiled LawsTHE MICHIGAN ELECTION LAW, 1954 PA 116, 4 MCL 168.821 TO 168.830. Notice of the determination of the can- 5 vass shall be filed with the secretary of the intermediate school 6 board, who shall file copies of the canvass with the board of 7 each constituent district and the state board. 8 Sec. 681. (1) An intermediate school district may establish 9 an area vocational-technical education program and operate the 10 program under sections 681 to 690 if approved by a majority of 11 the intermediate school electors of the intermediate school dis- 12 trict voting on the question. The election shall be called and 13 conducted pursuant to sections 661 and 662. The establishment of 14 the area vocational-technical education program may be rescinded 15 by the same process. 16 (2) The question of establishing an area 17 vocational-technical education program may be submitted to the 18 intermediate school electors of an intermediate school district 19 atan annualA REGULAR SCHOOL election or at a special election 20 held in each of the constituent districts. The intermediate 21 school board shall determine the date of the election and shall 22 give notice under section 662 to the secretary of each constitu- 23 ent district at least 60 days in advance of the date the proposi- 24 tion is to be submitted to the intermediate school electors. 25 (3) The ballot for referring the question of adopting sec- 26 tions 681 to 690 and establishing an area vocational-technical 27 education program to the intermediate school electors of an 03723'97 28 1 intermediate school district shall be substantially in the 2 following form: 3 "Shall _____________________________________________, state 4 (legal name of intermediate school district) 5 of Michigan, come under sections 681 to 690 of the REVISED school 6 codeof 1976and establish an area vocational-technical education 7 program which is designed to encourage the operation of area 8 vocational-technical education programs if the annual property tax 9 levied for this purpose is limited to __________ mills? 10 Yes ( ) 11 No ( )". 12 (4) Beginning in 1995, the number of mills of ad valorem 13 property taxes an intermediate school board may levy for area 14 vocational-technical education program operating purposes under 15 sections 681 to 690 is limited to the following: 16 (a) If the intermediate school district did not levy any 17 millage in 1993 for area vocational-technical education program 18 operating purposes under sections 681 to 690, the intermediate 19 school board, with the approval of the intermediate school elec- 20 tors, may levy not more than 1 mill for those purposes. 21 (b) If the intermediate school district levied millage in 22 1993 for area vocational-technical education program operating 23 purposes under sections 681 to 690, the intermediate school 24 board, with the approval of the intermediate school electors, may 25 levy mills for those purposes at a rate not to exceed 1.5 times 26 the number of mills authorized for those purposes in the 03723'97 29 1 intermediate school district in 1993. Approval of the 2 intermediate school electors is not required for the levy under 3 this subdivision of previously authorized mills until that autho- 4 rization expires. 5 (5) An intermediate school district shall not hold more than 6 2 elections in a calendar year concerning the authorization of a 7 millage rate for area vocational-technical education program 8 operating purposes under sections 681 to 690. 9 Sec. 687. (1) An intermediate school board in which an area 10 vocational-technical education program is established, by a 11 majority vote of the intermediate school electors voting on the 12 question atan annualA REGULAR SCHOOL ELECTION or at a special 13 election called for that purpose, may borrow money and issue 14 bonds of the intermediate school district subject to the munici- 15 pal finance act,Act No. 202 of the Public Acts of 1943, being16sections 131.1 to 139.3 of the Michigan Compiled Laws1943 17 PA 202, MCL 131.1 TO 139.3, to defray all or part of the cost of 18 purchasing, erecting, completing, remodeling, improving, furnish- 19 ing, refurnishing, equipping, or reequipping area 20 vocational-technical buildings and other facilities, or parts 21 thereof or additions thereto; acquiring, preparing, developing, 22 or improving sites, or parts thereof or additions thereto, for 23 area vocational-technical buildings and other facilities; refund- 24 ing all or part of existing bonded indebtedness; or accomplishing 25 a combination of the foregoing purposes. An intermediate school 26 district shall not issue bonds under this part for an amount 27 greater than 1.5% of the total assessed valuation of the 03723'97 30 1 intermediate school district, nor shall the bonded indebtedness 2 of an intermediate school district extend beyond a period of 30 3 years for money borrowed. 4 (2) Refunding bonds or the refunding part of a bond issue 5 shall not be deemed to be within the 1.5% limitation but shall be 6 deemed to be authorized in addition thereto. A bond qualified 7 under section 16 of article IX of the state constitution of 1963 8 and implementing legislation shall not be included for purposes 9 of calculating the foregoing 1.5% limitation. 10 (3) An intermediate school board may submit a proposal to 11 issue bonds of the intermediate school district, authorized under 12 this section, to the intermediate school electors at the same 13 election at which the intermediate school electors vote on the 14 establishment of an area vocational-technical education program. 15 If these questions are presented to the school electors at the 16 same election, the board shall include the bond proposal in the 17 60-day notice given the boards of constituent districts. The 18 establishment of an area vocational-technical education program 19 shall become effective if approved by a majority of the interme- 20 diate school electors voting on the question. The authority to 21 issue bonds is effective only if a majority of the intermediate 22 school electors approve both the establishment of the area 23 vocational-technical education program and the issuance of 24 bonds. 25 (4) The ballot used in submitting the question of borrowing 26 money and issuing bonds under this section shall be in 27 substantially the following form: 03723'97 31 1 "Shall __________ (here state the legal name of the 2 intermediate school district designating the name of a district 3 of not less than 18,000 pupils or first class school district 4 that has elected not to come under this act as far as an area 5 vocational-technical education program is concerned) state of 6 Michigan, borrow the sum of not to exceed $__________ and issue 7 its bonds therefor, for the purpose of __________? 8 Yes ( ) 9 No ( )". 10 Sec. 690. (1) A school district of not less than 18,000 11 pupils, a first class school district, or a school district 12 offering or making available to its pupils a comprehensive voca- 13 tional education program approved by the state board, may elect 14 not to come under an area vocational-technical education program 15 by resolution adopted by its board not later than 30 days after 16 receipt of notice that the question of establishing the area 17 vocational-technical education program will be submitted to the 18 school electors of the district. 19 (2) A school district electing not to come under the area 20 vocational-technical education program may thereafter elect to 21 come under the program if at a special orannualREGULAR SCHOOL 22 election a majority of the school electors voting approve the 23 operation of the area vocational-technical education program and 24 the annual tax rate for that purpose in effect in the other con- 25 stituent districts of the intermediate school district. 26 (3) Except as provided in this subsection, in an 27 intermediate school district where the school electors have voted 03723'97 32 1 upon and failed to approve the ballot question set forth in 2 section 681, a combination of 2 or more contiguous constituent 3 districts, by resolution of their boards, may elect to establish 4 an area vocational-technical education program, if approved by 5 resolution of the intermediate district board and designated by 6 the state board. The requirement of contiguity of constituent 7 districts does not apply if 1 or more of the districts that con- 8 stitute the basis of contiguity declare their intent, by board 9 resolution, not to be part of the proposed area 10 vocational-technical education program. At any time within 6 11 months after the enactment of the resolution establishing the 12 program in a local school district, school electors equal in 13 number to not less than 5% of the votes cast in the most recent 14 school election may petition their local school district board to 15 submit the resolution to the electorate, in a form and manner to 16 be prescribed by the state board, and the district's participa- 17 tion in the program shall be terminated if not approved by a 18 majority of the school electors voting on the question. 19 (4) Area vocational-technical education programs established 20 pursuant to this section shall receive any appropriate state 21 funding or any federal funding allocated by the state board on 22 exactly the same basis as area vocational-technical education 23 programs and centers established by intermediate school 24 districts. Constituent districts establishing an approved area 25 vocational-technical education program pursuant to this section 26 may designate, by board resolution, specific amounts of either 27 authorized operating millage or operating millage being requested 03723'97 33 1 from the school electors to be utilized solely for the area 2 vocational-technical education program, in a manner to be pre- 3 scribed by the state board, and the specified amount of millage 4 shall be regarded as area vocational-technical education millage 5 rather than local school district operating millage in all compu- 6 tations made by the state board to determine state aid. The rev- 7 enue obtained from the millage designated, together with appro- 8 priate state and federal funds, may be expended for the same pur- 9 poses specified for intermediate district programs in sections 10 684 and 685, including contracts with the intermediate school 11 district, another local school district, or a community college 12 for area vocational-technical education programs, facilities, and 13 services. When constituent districts establish area 14 vocational-technical education programs pursuant to this section, 15 buildings, sites, and equipment may be jointly acquired, owned, 16 or leased. 17 (5) A contiguous school district desiring to become part of 18 an area vocational-technical education program established pursu- 19 ant to this section may do so with the approval of each partici- 20 pating school district, the intermediate school district, and the 21 state board. Constituent districts operating an approved area 22 vocational-technical education program pursuant to this section 23 may subsequently elect not to participate, or may thereafter 24 elect to participate, in an intermediate school district 25 vocational-technical education program in exactly the same manner 26 prescribed in this section for school districts of not less than 27 18,000 pupils, a first class school district, or a school 03723'97 34 1 district offering or making available to its pupils a 2 comprehensive vocational education program approved by the state 3 board. 4 Sec. 701. (1) Two or more adjoining intermediate school 5 districts may combine to form a single intermediate school dis- 6 trict when the reorganization is approved by a majority of the 7 electors of each intermediate school district voting on the ques- 8 tion in theannualREGULAR elections of the constituent 9 districts. 10 (2) The question of combining intermediate school districts 11 may be submitted by a resolution of the intermediate school 12 boards meeting in joint session. 13 (3) The question shall be submittedwhenIF petitions 14 signed by a number of school electors of each intermediate school 15 district equal to not less than 5% of the number of pupil member- 16 ships on the latest pupil membership count day of the combined 17 constituent districts of the intermediate school district are 18 filed with the secretary of 1 of the intermediate school boards. 19 Within 30 days after receiving sufficient petitions, the secre- 20 tary shall apply for approval to the state board. The secretary 21 shall cause the question to be submitted at the nextannual22 REGULAR school election after the state board approves the 23 merger. 24 (4) The ballots shall be furnished by each intermediate 25 school board for its constituent districts and shall be in sub- 26 stantially the following form: 03723'97 35 1 2 "Shall the following intermediate school districts be 3 organized as a single intermediate school district? 4 (List names of intermediate school districts) 5 Yes ( ) 6 No ( )" 7 (5) If the consolidation is approved by a majority of the 8 school electors voting on the question in each of the participat- 9 ing intermediate school districts, the reorganizationshall10becomeIS effective in the combined intermediate school dis- 11 tricts 30 days after theannualREGULAR SCHOOL election at 12 which the question is submitted. The reorganized intermediate 13 school districtshall beIS a single intermediate school dis- 14 trict subject to this part. 15 (6) The members of the intermediate school boards of the 16 original intermediate school districts shall act as an interim 17 board until a board of the combined intermediate school district 18 is elected. The interim boardshall possessHAS all the powers 19 and duties of an intermediate school board under this part. The 20 person chosen by the interim intermediate school board as inter- 21 mediate superintendent shall serve only until a successor is 22 chosen by the elected intermediate school board. The secretary 23 of the intermediate school board having the largest number of 24 pupils in membership in its combined constituent districts at the 25 time of reorganization shall call a meeting of the members of the 26 interim intermediate school board for the purpose of organization 27 within 15 days after the effective date of the reorganization. 03723'97 36 1 The secretary of the interim intermediate school board shall 2 provide for the election of a board of the reorganized intermedi- 3 ate school district under section 617. At the first election 4 there shall be elected 3 members of a board for 6 years, 2 for 4 5 years, and 2 for 2 years. Their successors shall be elected 6 biennially on the first Monday of June for terms of 6 years. The 7 time from the date of election to the next July 1 shall be con- 8 sidered 1 year. 9 (7) The reorganized intermediate school district shall oper- 10 ate as a single intermediate school district from the effective 11 date of the reorganization. Within 10 days after the reorganiza- 12 tion, all accounts of the reorganized intermediate school dis- 13 tricts shall be audited in the manner established by the interim 14 intermediate school board. The contracts of the intermediate 15 superintendents in force on the effective date of reorganization 16shallcontinue in effecttoUNTIL THE time of their termina- 17 tion except as to position as intermediate superintendents. 18 (8) If,prior toBEFORE reorganization of the intermediate 19 school districts, each of the combining intermediate school dis- 20 tricts adopted special education programs by referendum pursuant 21 to part 30 and approved the same annual property tax rates for 22 the education of handicapped persons, the special education pro- 23 grams and the annual property tax rates shall continue in effect 24 in the reorganized intermediate school district. 25 Sec. 702. (1) An intermediate school district may be 26 annexed to another intermediate school district if the 27 intermediate school board of the annexing intermediate school 03723'97 37 1 district approves the annexation by resolution, and a majority of 2 the school electors of the intermediate school district to be 3 annexed voting on the question atan annualA REGULAR or spe- 4 cial election in the intermediate school district approve the 5 annexation. Ifprior toBEFORE annexation the annexing inter- 6 mediate school district adopts a special education program by 7 referendum pursuant to part 30, the intermediate school electors 8 of the intermediate school district to be annexed must vote to 9 adopt that special education program and annual tax rate. The 10 vote on the question shall be by ballot furnished by the interme- 11 diate school board of the intermediate school district to be 12 annexed. Before the election is held, the annexing intermediate 13 school board shall obtain the approval of the state board of the 14 proposed annexation. 15 (2) Within 10 days after the election, each constituent dis- 16 trict secretary shall file the result with the secretary of the 17 intermediate schooldistrictBOARD, and 5 days later the inter- 18 mediate school board secretary shall file the election result 19 with the secretary of the INTERMEDIATE SCHOOL board of the annex- 20 ing intermediate school district. Within 15 days after the 21 annexation election the intermediate school board of the annexed 22 intermediate school district shall account to the intermediate 23 school board of the annexing intermediate school district for the 24 funds and property in its hands and shall turn over thesame25 FUNDS AND PROPERTY to that INTERMEDIATE SCHOOL board. Property 26 and money belonging to the annexed intermediate school district 27 shall become the property of the annexing intermediate school 03723'97 38 1 district. The outstanding indebtedness of the annexed 2 intermediate school district shall become the liability of the 3 annexing intermediate school district. Upon receipt of the funds 4 and property, the members of the annexed intermediate school 5 board shall be released from liabilitythereforFOR THE FUNDS 6 AND PROPERTY and their offices terminated. 7 (3) The annexation is effective on the latest date on which 8 the election was held in a constituent district of the annexed 9 intermediate school district. The secretary of the intermediate 10 school board of the annexing intermediate school district shall 11 give written notice of the annexation to the state board within 12 15 days after the annexation election. Within 30 days after 13 annexation, the board of the annexing intermediate school dis- 14 trict shall appoint 2 school electors of the annexed intermediate 15 school district to membership on the intermediate school board of 16 the reorganized intermediate school district, who shall serve 17 until July 1 after the next biennial election. Notification of 18 the appointments shall be filed with the state board. If the 19 appointments are not made within the 30 days, the state board 20 shall make the appointments. At the nextbiennialREGULAR 21 election, members of the intermediate school board shall be 22 elected in the number and for the terms required in section 701. 23 The terms of the members of the intermediate school board whose 24 terms have not expired shall determine the terms of the addi- 25 tional members to be elected. 26 Sec. 705. (1) Beginning in 1997 and each year after 1997, a 27 regional enhancement property tax may be levied by an 03723'97 39 1 intermediate school district at a rate not to exceed 3 mills to 2 enhance other state and local funding for local school district 3 operations if approved by a majority of the intermediate school 4 electors voting on the question. 5 (2) If a resolution requesting that the question of a 6 regional enhancement property tax be submitted to the voters is 7 adopted within a 180-day period and transmitted to the intermedi- 8 ate school board by 1 or more boards of its constituent school 9 districts representing a majority of the combined membership of 10 the constituent school districts as of the most recent pupil mem- 11 bership count day and if those resolutions all contain an identi- 12 cal specified number of mills to be levied under this section and 13 an identical specified number of years for which the tax shall be 14 levied, the question of levying a regional enhancement property 15 tax by the intermediate school district shall be placed on the 16 ballot by the intermediate school district at the nextannual17 REGULAR school election held in each of the constituent 18 districts. However, if the question is to be submitted atan19annualA REGULAR school election and a constituent district does 20 not hold itsannualREGULAR election on the second Monday in 21 June, the intermediate school board shall call a special election 22 in that constituent district to be held on the same day as the 23annualREGULAR school election. If the question is to be sub- 24 mitted to the intermediate school electors of an intermediate 25 school district having a population of more than 1,400,000, the 26 intermediate school board shall call a special election to be 27 held at the next state primary or general election. However, if 03723'97 40 1 the resolution requirement is met more than 180 days before the 2 nextannualREGULAR schooldistrictelections to be held on 3 the second Monday in June, and if requested in the resolutions, 4 the intermediate school board shall submit the question of levy- 5 ing a regional enhancement property tax within the intermediate 6 school district on the ballot at a special election under section 7 662 called by the intermediate school board for that purpose not 8 earlier than 90 days or later than 120 days after the resolution 9 requirements are met. 10 (3) Not later than 10 days after receipt by the intermediate 11 school district of the revenue from the regional enhancement 12 property tax, the intermediate school district shall calculate 13 and pay to each of its constituent school districts an amount of 14 the revenue calculated by dividing the total amount of the reve- 15 nue by the combined membership of the constituent school dis- 16 tricts within the intermediate district, as of the most recent 17 pupil membership count day, and multiplying that quotient by the 18 constituent school district's membership, as of the most recent 19 pupil membership count day for which a final department-audited 20 pupil count is available. 21 (4) Regional enhancement property tax under this section may 22 be levied for a term not to exceed 20 years, as specified in the 23 ballot question, and may be renewed for the same term with the 24 approval of a majority of the intermediate school electors voting 25 on the question. 03723'97 41 1 (5) The question of levying a regional enhancement property 2 tax under this section shall be presented to the intermediate 3 school electors as a separate question. 4 Sec. 861. (1) Within 10 days after the date of the official 5 canvass of the consolidation election, the intermediate school 6 board of the intermediate school district containing the terri- 7 tory of the consolidated school district shall appoint school 8 electors of the SCHOOL district in the number required by the 9 classification of the school district to act as a board for the 10 SCHOOL district. If a consolidated school district includes ter- 11 ritory in more than 1 intermediate school district, the appoint- 12 ment shall be made by the intermediate school board of each 13 intermediate school district acting jointly as a single board. 14 Within 7 days after appointment, each member shall file with the 15 intermediate superintendent an acceptance of the office, accom- 16 panied by a written affidavit setting forth the fact of eligibil- 17 ity as provided in section 1102. Except as otherwise provided in 18 subsection (2), each appointed board member shall hold office 19 until June thirtieth next following appointment. A new board 20 shall be elected at the firstannualREGULAR election held 21 after the effective date of consolidation in the manner pre- 22 scribedin part 3 or part 4BY LAW for the election of a first 23 board. 24 (2) If the effective date of the consolidation is between 25 the thirtieth day prior to theannualREGULAR election and 26 December 31, the board appointed by the intermediate school board 27 at its first meeting shall call a district election to be held 03723'97 42 1 within 45 days after the day of the meeting. At the election, a 2 board of the requisite number of members shall be elected for 3 terms required for the election of a first board.in section 1114or section 211.The election shall be in lieu of the first 5annualREGULAR election, and the first year of each term of 6 office shall extend until July 1 following the next succeeding 7annualREGULAR election.The board shall hold its first meet-8ing and elect officers as provided in section 114 or section9231.10 Sec. 931. (1) An intermediate school board may divide a 11 constituent districtwhichTHAT has no bonded indebtedness and 12 attach the parts thereof to 2 or more operating school districts 13 if requested to do so by resolution of the board of the school 14 district to be divided, or if petitioned by not less than 5% of 15 theregisteredschool electors residing in the district on the 16 date the petition is received, and if the school electors of the 17 district, voting on the question atan annualA REGULAR or spe- 18 cial election, approve the division. 19 (2) The city or township clerk shall certify to the interme- 20 diate superintendent the number of registered school electors 21 residing in a school district when requested by the intermediate 22 superintendent. 23 (3) The resolution of the board of the school district to be 24 divided or the petition of the registered school electors resid- 25 ing in the district may specify the effective date of the divi- 26 sion of the school district, which date shall not be later than 27 the end of the fiscal year in which the election takes place. 03723'97 43 1 (4) The resolution of the intermediate school board to which 2 the school district to be divided is constituent shall clearly 3 describe the division. The description of the division shall be 4 based on the resolution of the board of the school district to be 5 divided or on the petition of the school electors. 6 Sec. 1024. If the day set for theannual meeting or7 REGULAR election of a local or special act SCHOOL district falls 8 upon a public holiday, themeeting orelection shall be held 9 upon the day prescribed by this act for theannual school meet-10ing orREGULAR election ofdistricts of its classA SCHOOL 11 DISTRICT. 12 Sec. 1031. (1)EachSUBJECT TO SUBSECTION (2), EACH gen- 13 eral powers school district shall continue to hold its regular 14 election on the same date the election was held before the effec- 15 tive date of this section or shall hold its regular election on 1 16 of the following dates determined by the board by a resolution 17 adopted at least 6 months before the proposed new election date: 18 (a) Annually or biennially on the first Monday in April. 19 (b) Annually or biennially on the second Monday in June. 20 (c) Annually or biennially at the same time as the November 21 general election. 22 (2) BEGINNING IN 1999, EACH GENERAL POWERS SCHOOL DISTRICT 23 SHALL HOLD ITS REGULAR ELECTION BIENNIALLY IN ODD NUMBERED YEARS 24 ON 1 OF THE DAYS SPECIFIED IN SUBSECTION (1), AS DETERMINED BY 25 BOARD RESOLUTION ADOPTED AT LEAST 6 MONTHS BEFORE THE 1999 ELEC- 26 TION DATE. 03723'97 44 1 (3)(2)The school electors shall elect members of the 2 board at the school district's regular election. 3 Sec. 1052. The inspectors of election atan annualA 4 REGULAR or special SCHOOL election shall not receive the vote of 5 a person whose name is not registered as an elector in the city 6 or township in which the person resides, or whose name is not in 7 the registration file in the precinct in which the person offers 8 to vote when city or township registration records are used in 9 school elections as provided in section 1053. 10 Sec. 1053. (1) The board of a school district situated 11 wholly or partly in a city or township, by agreement with the 12 governing body of the city or township, may use the registration 13 records of the city or township at an election held by the school 14 district on terms and conditions, including the payment of the 15 necessary expenses of an election, agreed upon by the school 16 board and the governing body of the city or township. If a 17 school district situated wholly or partly in a city or township 18 holds an election at the same time that the city or township 19 holds an election, the election commissioners, inspectors, and 20 other election officials conducting the city or township election 21 may act in their respective capacities for the school election 22 when agreed upon by the board of the school district and the gov- 23 erning body of the city or township for that portion of the 24 school district situated in the city or township. The expense of 25 the election shall be paid proportionately by the school district 26 and the city or township. 03723'97 45 1 (2) The board of a school district situated wholly or partly 2 in a city or township, upon agreement with the governing body of 3 the city or township, may determine that the city or township by 4 its proper officials shall conductannualREGULAR and special 5 elections on behalf of the school district in that portion of the 6 school district lying within the boundaries of the city or town- 7 ship on terms and conditions, including the payment of the neces- 8 sary expenses, agreed upon by the school district and the city or 9 township. 10 (3) The agreement to use the registration records of the 11 city or township for school elections and for conducting the 12 school elections by the city or township officials shall be con- 13 tinuing and shall be terminated only on 12 months' notice by 14 either party. 15 (4) The board of a school district shall form the district 16 into 1 or more voting precincts. If the city or township offi- 17 cials conduct an election for a school district under this sec- 18 tion, the voting precincts of the school district shall be the 19 same as those of the city or township for that portion of the 20 school district lying within the boundaries of the city or 21 township. 22 (5) A person registering after 5 p.m. on the thirtieth day 23 next precedingan annualA REGULAR or special school election 24 or, if that day is a Saturday, Sunday, or legal holiday, after 5 25 p.m. of the next succeeding day that is not a Saturday, Sunday, 26 or legal holiday, is not eligible to vote in theannualREGULAR 27 or special school election. 03723'97 46 1 (6) An agreement under this section for conducting the 2 school elections by the city or township officials may provide 3 that nominating petitions for board members be filed with the 4 city or township clerk not later than the twelfth Tuesday before 5 the date of the election. 6 Sec. 1057. In a school district or portion of a school dis- 7 trict in which the registration records of a city or township are 8 not used at school elections, all of the following procedures 9 apply: 10 (a) The secretary of the board shall cause to be prepared 11 and filed with the clerk of each city or township, to keep with 12 the registration books, a map showing the boundary by roads or 13 streets and the name of each school district or part of a school 14 district lying within the boundaries of the city or township. 15 (b) Before February 1, 1993, if not previously done by the 16 school district, the secretary of the board shall submit a writ- 17 ten request to the clerk of each city or township into which the 18 school district extends to furnish the secretary a certified list 19 of the names and residential addresses of the existing registered 20 electors of the city or township who reside within the school 21 district. Upon receiving the request, the city or township clerk 22 shall make, certify, and deliver to the school district secretary 23 a list of the names and addresses of the registered electors of 24 the city or township residing within the school district as shown 25 by the clerk's registration books. The initial list of regis- 26 tered voters may consist of duplicated registration cards 27 containing the same information contained on the face of the 03723'97 47 1 original cards, a list contained upon 1 or more sheets, or 2 reproductions of the face of the original cards made pursuant to 3 the records media act,Act No. 116 of the Public Acts of 1992,4being sections 24.401 to 24.403 of the Michigan Compiled Laws5 1992 PA 116, MCL 24.401 TO 24.403. Each sheet, card, or repro- 6 duction shall bear the official seal or stamp of the certifying 7 clerk. The school district shall pay the cost of preparing 8 lists, unless the clerk furnishes the list without assessing 9 costs. The secretary may convert the original registration list 10 to separate district precinct lists or cards. Each precinct list 11 or card copied from the original shall bear the certification of 12 the secretary or the official clerk of the board that it is a 13 true copy. If the original list is converted to separate regis- 14 tration cards, each person whose name appears on a card shall be 15 requested to sign the card at the next election at which the 16 person offers to vote. A ballot shall not be issued to a person 17 who refuses to sign the card. 18 (c) The clerk of each city or township, at the time of 19 taking the city or township registration of a person, shall 20 determine in what school district the person resides. The clerk 21 shall prepare an additional registration card for the person and 22 immediately deliver it to the secretary of the board of the 23 school district. The additional card may be sworn to and signed 24 by the person registering, or it may be a carbon copy of the 25 original city or township registration card certified to by the 26 city or township clerk or the clerk's authorized representative. 27 A person registering after 5 p.m. of the thirtieth day next 03723'97 48 1 precedingan annualA REGULAR or special school election or 2 after 5 p.m. of the next succeeding day that is not a Saturday, 3 Sunday, or legal holiday in case the thirtieth day is a Saturday, 4 Sunday, or legal holiday is not eligible to vote in theannual5 REGULAR or special school election. That person's registration 6 shall not be delivered to the secretary of the school district 7 until after theannualREGULAR or special school election is 8 held. 9 (d) Each city or township clerk shall prepare an additional 10 copy of each cancellation of registration and of each transfer of 11 registration and deliver the copy to the secretary of the appli- 12 cable board, who shall apply the corrections to the registration 13 records of the school district. 14 Sec. 1058. (1) Notice of THE last day on which a person may 15 register to be eligible to vote inan annualA REGULAR or spe- 16 cial election shall be given by the secretary of the board by 17 publication at least twice in a newspaper published or of general 18 circulation in the school district, and, ifdeemedCONSIDERED 19 advisable by the secretary of the board, by posting notice in 3 20 public places in each voting precinct in the school district. 21 The first publication and the posting shall be made not less than 22 10 daysprior toBEFORE the last day for receiving 23 registrations. 24 (2) Notice of time and place of holding an election shall be 25 given in the manner and at the times prescribed in section 1002. 26 Sec. 1103. The office of a member of the board shall become 27 vacant immediately, without declaration by an officer or 03723'97 49 1 acceptance by the board or 1 of its members, upon 1 of the 2 following events: 3 (a) The death of the incumbent, or the incumbent's being 4 adjudicated insane or being found to be mentally incompetent by 5 the proper court. 6 (b) The incumbent's resignation. 7 (c) The incumbent's removal from office. 8 (d) The incumbent's conviction of a felony. 9 (e) The incumbent's election or appointment being declared 10 void by a competent tribunal. 11 (f) The incumbent's neglect or failure to file the accep- 12 tance of office, to take the oath of office, or to give or renew 13 an official bond required by law. 14 (g) The failure of the SCHOOL district to elect a successor 15 at theannual school meeting orREGULAR SCHOOL election. 16 (h) The incumbent's ceasing to possess the legal qualifica- 17 tions for holding office. 18 (i) The incumbent's residence being removed from the school 19 district. 20 Sec. 1212. (1) If approved by the school electors of the 21 school district, the board of a school district may levy a tax of 22 not to exceed 5 mills on the state equalized valuation of the 23 school district each year for a period of not to exceed 20 years, 24 for the purpose of creating a sinking fund to be used for the 25 purchase of real estate for sites for, and the construction or 26 repair of, school buildings. The sinking fund tax levy is 27 subject to the 15 mill tax limitation provisions of section 6 of 03723'97 50 1 article IX of the state constitution of 1963 and the property tax 2 limitation act,Act No. 62 of the Public Acts of 1933, as3amended, being sections 211.201 to 211.217a of the Michigan4Compiled Laws1933 PA 62, MCL 211.201 TO 211.217A. A school 5 district that levies a sinking fund tax under this section shall 6 have an independent audit of its sinking fund conducted annually, 7 including a review of the uses of the sinking fund, and shall 8 submit the audit report to the department of treasury. If the 9 department of treasury determines from the audit report that the 10 sinking fund has been used for a purpose other than those autho- 11 rized for the sinking fund under this section, the school dis- 12 trict shall repay the misused funds to the sinking fund from the 13 school district's operating funds and shall not levy a sinking 14 fund tax under this section after the date the department of 15 treasury makes that determination. 16 (2) The proposition of levying a sinking fund tax shall be 17 submitted to the school electors of the school district atan18annualA REGULAR or specialmeeting orSCHOOL election. 19 (3) The question of levying taxes for the purpose of creat- 20 ing a sinking fund shall be by ballot in substantially the fol- 21 lowing form: 22 "Shall _______________________________ levy __________ mills 23 (legal name of school district) 24 to create a sinking fund for the purpose of ___________________ 25 _________________________________________________________________ 26 for a period of _____ years? 27 Yes ( ) 03723'97 51 1 No ( )". 2 (4) For the purposes of this section, millage approved by 3 the school electors before December 1, 1993 for which the autho- 4 rization has not expired is considered to be approved by the 5 school electors. 6 Sec. 1216. Except as provided inpart 7a, part 3a, and in7 section 1a of chapter 7 of the municipal finance act,Act8No. 202 of the Public Acts of 1943, being section 137.1a of the9Michigan Compiled Laws1943 PA 202, MCL 137.1A, money raised by 10 tax shall not be used for a purpose other than that for which it 11 was raised without the consent of a majority of the school elec- 12 tors of the district voting on the questions atan annualA 13 REGULAR or specialmeeting orSCHOOL election. 14 Sec. 1351. (1) A school district may borrow money and issue 15 bonds of the district to defray all or a part of the cost of pur- 16 chasing, erecting, completing, remodeling, improving, furnishing, 17 refurnishing, equipping, or reequipping school buildings, includ- 18 ing library buildings, structures, athletic fields, playgrounds, 19 or other facilities, or parts of or additions to those facili- 20 ties; acquiring, preparing, developing, or improving sites, or 21 parts of or additions to sites, for school buildings, including 22 library buildings, structures, athletic fields, playgrounds, or 23 other facilities; purchasing school buses; participating in the 24 administrative costs of an urban renewal program through which 25 the school district desires to acquire a site or addition to a 26 site for school purposes; refunding all or part of existing 27 bonded indebtedness; or accomplishing a combination of the 03723'97 52 1 purposes set forth in this subsection.In addition, until2December 31, 1991 a school district may borrow money and issue3bonds to defray all or part of the cost of purchasing textbooks.4 (2) Except as otherwise provided in this subsection, a 5 school district shall not borrow money or issue bonds for a sum 6 that, together with the total outstanding bonded indebtedness of 7 the district, exceeds 5% of the state equalized valuation of the 8 taxable property within the district, unless the proposition of 9 borrowing the money or issuing the bonds is submitted to a vote 10 of the school electors of the district atan annualA REGULAR 11 or special SCHOOL election and approved by the majority of the 12 school electors voting on the question. Regardless of the amount 13 of outstanding bonded indebtedness of the school district, a vote 14 of the school electors is not necessary in order to issue bonds 15 for a purpose described in section 1274a. 16 (3) A school district shall not issue bonds under this part 17 for an amount greater than 15% of the total assessed valuation of 18 the district, except as provided in section 1356. The bonded 19 indebtedness of a district shall not extend beyond a period of 30 20 years. Refunding bonds or the refunding part of a bond issue 21 shall not be considered to be within the 15% limitation but shall 22 be considered to be authorized in addition to the 15% 23 limitation. A bond qualified under section 16 of article IX of 24 the state constitution of 1963 and implementing legislation shall 25 not be included for purposes of calculating the 15% limitation. 26 Bonds issued pursuant to this section are subject to the 27 municipal finance act,Act No. 202 of the Public Acts of 1943,03723'97 53 1being sections 131.1 to 139.3 of the Michigan Compiled Laws1943 2 PA 202, MCL 131.1 TO 139.3, except that bonds issued for a pur- 3 pose described in section 1274a may be sold at a public or pub- 4 licly negotiated sale at the time or times, at the price or 5 prices, and at a discount as determined by the board of the 6 school district. 7 (4) Bonds or notes issued by a school district or intermedi- 8 ate school district pursuant tosections 144, 251, 335, 442, or9629THIS ACT for the purposes authorized by this section and 10 section 1274a shall be full faith and credit tax limited obliga- 11 tions of the district pledging the general funds, voted and allo- 12 cated tax levies, or any other money available for such a purpose 13 and shall not allow or provide for the levy of additional millage 14 for payment of the bond or note without a vote of the qualified 15 electorate of the district. 16(5) If a bond proposal for bonds to be used in whole or17part to defray all or part of the cost of purchasing textbooks18has been approved by a majority of the school electors voting on19the question before the effective date of the amendatory act that20added this subsection, and the bonds otherwise meet the require-21ments of this section, the issuance of those bonds for a period22not to exceed 5 years is ratified and confirmed and the bonds are23considered to be issued under this section.24 Sec. 1451. (1) A school district,other than a primary25school district,by a majority vote of the school electors at 26an annualA REGULAR or special SCHOOL election, may establish a 27 public library. 03723'97 54 1 (2) The school electors of a school district in which a 2 library is established may vote a district tax for the support of 3 the public library atan annualA REGULAR or special SCHOOL 4 election of the SCHOOL district. The board of the school dis- 5 trict may vote a tax for the maintenance and support of the 6 public library. 7 (3) A tax authorized or voted under this part shall be 8 levied and collected in the same manner as other school district 9 taxes are levied and collected. 10 (4) The millage allowed under this section may be levied 11 without a vote of the school electors of the school district 12 until the millage authorization expires. The rate of a tax 13 authorized or voted under this section shall not exceed the 14 number of mills levied by the school district under this section 15 in 1993 that were not included in the operating millage reported 16 by the school district to the department as of April 1, 1993 or 17 the number of mills levied by the school district under this sec- 18 tion in 1993 that the school district does not want considered as 19 operating millage reported by the school district as of April 1, 20 1994, whichever is greater. 21 (5) The board of a school district shall not hold an elec- 22 tion to levy mills under this section after December 31, 1993. 23 Sec. 1722. (1) The question of adopting sections 1722 to 24 1729 may be submitted to the school electors of an intermediate 25 school district atan annualA REGULAR SCHOOL election or at a 26 special election held in each of the constituent districts. 27 Sections 1722 to 1729 shall be effective if approved by a 03723'97 55 1 majority of the school electors of an intermediate school 2 district voting at an election called and conducted under sec- 3 tions 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. 03723'97 Final page. TAV