SENATE BILL NO. 1337 September 24, 1998, Introduced by Senator EMMONS and referred to the Committee on Education. A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by amending the title, as amended by 1995 PA 289, and by adding part 31a; and to repeal acts and parts of acts. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 TITLE 2 An act to provide a system of public instruction and elemen- 3 tary and secondary schools; to revise, consolidate, and clarify 4 the laws relating to elementary and secondary education; to pro- 5 vide for the organization, regulation, and maintenance of 6 schools, school districts, public school academies, and interme- 7 diate school districts; to prescribe rights, powers, duties, and 8 privileges of schools, school districts, public school academies, 9 and intermediate school districts; to provide for the regulation 06470'98 TAV 2 1 of school teachers and certain other school employees; to provide 2 for school elections and to prescribe powers and duties with 3 respect thereto; to provide for the levy and collection of taxes; 4 to provide for the borrowing of money and issuance of bonds and 5 other evidences of indebtedness; to establish a fund and provide 6 for expenditures from that fund; to provide for and prescribe the 7 powers and duties of certain state departments, the state board 8 of education, and certain other boards and officials; to provide 9 for licensure of boarding schools; TO PROVIDE FOR THE MICHIGAN 10 SCHOOL FOR THE BLIND AND MICHIGAN SCHOOL FOR THE DEAF AND THEIR 11 RESPECTIVE BOARDS, POWERS, AND DUTIES; to prescribe penalties; 12 and to repeal acts and parts of acts. 13 PART 31A 14 SCHOOL FOR THE BLIND AND SCHOOL FOR THE DEAF 15 SEC. 1781. THIS STATE SHALL MAINTAIN AND SUPPORT THE 16 MICHIGAN SCHOOL FOR THE BLIND AND THE MICHIGAN SCHOOL FOR THE 17 DEAF LOCATED ON COURT STREET IN FLINT IN GENESEE COUNTY. 18 SEC. 1782. (1) THE MICHIGAN SCHOOL FOR THE BLIND AND THE 19 MICHIGAN SCHOOL FOR THE DEAF SHALL EACH BE GOVERNED BY AN INDE- 20 PENDENT BOARD. 21 (2) THE BOARD OF EACH SCHOOL SHALL CONSIST OF 7 VOTING MEM- 22 BERS AND CERTAIN NONVOTING MEMBERS. TO THE EXTENT POSSIBLE, 23 DIVERSE GEOGRAPHIC AREAS OF THIS STATE SHALL BE REPRESENTED ON 24 EACH BOARD. 25 (3) SIX MEMBERS OF EACH BOARD SHALL BE APPOINTED BY THE GOV- 26 ERNOR WITH THE ADVICE AND CONSENT OF THE SENATE. AT LEAST 4 OF 27 THESE 6 MEMBERS OF THE BOARD OF THE MICHIGAN SCHOOL FOR THE BLIND 06470'98 3 1 SHALL BE PERSONS WHO ARE BLIND AND AT LEAST 2 OF THESE 6 MEMBERS 2 OF THE BOARD OF THE MICHIGAN SCHOOL FOR THE BLIND SHALL BE PER- 3 SONS WHO ARE PARENTS OF A PUPIL WHO IS BLIND. AT LEAST 4 OF 4 THESE 6 MEMBERS OF THE BOARD OF THE MICHIGAN SCHOOL FOR THE DEAF 5 SHALL BE PERSONS WHO ARE DEAF AND AT LEAST 2 OF THESE 6 MEMBERS 6 OF THE BOARD OF THE MICHIGAN SCHOOL FOR THE DEAF SHALL BE PERSONS 7 WHO ARE PARENTS OF A PUPIL WHO IS DEAF. 8 (4) THE REMAINING VOTING MEMBER OF EACH BOARD SHALL BE A 9 PARENT OF A PUPIL CURRENTLY ENROLLED IN THE PARTICULAR RESIDEN- 10 TIAL SCHOOL, WHO SHALL BE ELECTED BY MAJORITY VOTE OF THE PARENTS 11 OF THE PUPILS CURRENTLY ENROLLED IN THAT RESIDENTIAL SCHOOL. 12 (5) ALL VOTING MEMBERS OF EACH BOARD MUST MEET ALL OF THE 13 FOLLOWING REQUIREMENTS: 14 (A) AT LEAST 18 YEARS OF AGE. 15 (B) A RESIDENT OF THIS STATE. 16 (C) NOT CURRENTLY EMPLOYED BY THE DEPARTMENT. 17 (6) IN ADDITION TO THE VOTING MEMBERS, THE GOVERNOR SHALL 18 APPOINT AS NONVOTING MEMBERS OF EACH BOARD A REPRESENTATIVE OF 19 EACH POSTSECONDARY INSTITUTION IN THIS STATE THAT OFFERS A 20 TEACHER TRAINING PROGRAM IN SPECIAL EDUCATION FOR THE BLIND OR 21 THE DEAF, AS APPLICABLE, AND A TEACHER WHO HAS AT LEAST 3 YEARS' 22 EXPERIENCE, IMMEDIATELY BEFORE THE APPOINTMENT, IN AN APPROPRIATE 23 DISCIPLINE. THE TEACHER REPRESENTATIVE SHALL SERVE A TERM OF 2 24 YEARS. 25 (7) THE BOARD MEMBERS APPOINTED UNDER SUBSECTION (3) SHALL 26 SERVE FOR TERMS OF 4 YEARS, OR UNTIL A SUCCESSOR IS APPOINTED, 27 WHICHEVER IS LATER, EXCEPT THAT OF THE MEMBERS FIRST APPOINTED TO 06470'98 4 1 A PARTICULAR BOARD, 2 SHALL SERVE FOR 2 YEARS, 2 SHALL SERVE FOR 2 3 YEARS, AND 2 SHALL SERVE FOR 4 YEARS, AS SPECIFIED IN THE 3 APPOINTMENT. THESE BOARD MEMBERS MAY BE REAPPOINTED, EXCEPT THAT 4 A BOARD MEMBER DESCRIBED IN THIS SUBSECTION SHALL NOT SERVE MORE 5 THAN 2 CONSECUTIVE 4-YEAR TERMS AND SHALL NOT SERVE FOR MORE THAN 6 A TOTAL OF 12 YEARS. A VACANCY AMONG THESE MEMBERS SHALL BE 7 FILLED IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT. 8 (8) THE PARENT REPRESENTATIVE FOR EACH BOARD, AS DESCRIBED 9 IN SUBSECTION (4), SHALL SERVE FOR A TERM OF 2 YEARS. THE 10 REQUIRED ELECTION SHALL BE HELD AT LEAST 2 MONTHS BEFORE THE 11 EXPIRATION OF THE INCUMBENT'S TERM. IF A PARENT REPRESENTATIVE 12 VACATES THE OFFICE, AN ELECTION FOR A SUCCESSOR TO SERVE THE 13 REMAINDER OF THE UNEXPIRED TERM SHALL BE HELD WITHIN 1 MONTH 14 AFTER THE VACANCY OCCURS. 15 (9) EACH BOARD SHALL ELECT A VOTING MEMBER TO SERVE AS PRES- 16 IDENT AND ANOTHER TO SERVE AS VICE PRESIDENT. THE SUPERINTENDENT 17 OF EACH RESIDENTIAL SCHOOL SHALL SERVE AS SECRETARY FOR THE 18 RESPECTIVE BOARD. 19 (10) EACH BOARD SHALL HOLD REGULAR MEETINGS ON THE SECOND 20 FRIDAY OF EVERY ODD NUMBERED MONTH OR AT OTHER TIMES AS THE BOARD 21 PROVIDES BY RESOLUTION. EACH BOARD SHALL MEET AT LEAST 6 TIMES 22 PER YEAR. A BOARD MAY HOLD SPECIAL MEETINGS AT ANY TIME AT THE 23 CALL OF THE BOARD PRESIDENT OR UPON PETITION ADDRESSED TO THE 24 BOARD PRESIDENT BY AT LEAST 4 BOARD MEMBERS. 25 (11) EACH BOARD SHALL DETERMINE ITS OWN RULES OF PROCEDURE, 26 CONSISTENT WITH APPLICABLE LAW. 06470'98 5 1 (12) EACH BOARD, BY RESOLUTION, MAY AUTHORIZE COMPENSATION 2 FOR VOTING AND NONVOTING MEMBERS FOR MEETINGS, COMMITTEE OR 3 SUBCOMMITTEE MEETINGS, OR OTHER DUTIES THAT ARE DIRECTLY RELATED 4 TO THE MEMBER'S OFFICIAL DUTIES AS A BOARD MEMBER AND THAT ARE 5 AUTHORIZED IN ADVANCE BY THE BOARD. A BOARD MEMBER SHALL NOT BE 6 COMPENSATED FOR MORE THAN A TOTAL OF 52 MEETINGS, COMMITTEE OR 7 SUBCOMMITTEE MEETINGS, OR OTHER AUTHORIZED DUTIES PER CALENDAR 8 YEAR UNLESS A MAJORITY OF THE BOARD APPROVES AN EXCEPTION TO THIS 9 LIMITATION. HOWEVER, MEMBERS MAY BE REIMBURSED FOR THEIR TRAVEL 10 EXPENSES INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES AS 11 PROVIDED IN STANDARD DEPARTMENT OF MANAGEMENT AND BUDGET TRAVEL 12 REGULATIONS. 13 SEC. 1783. (1) THE BOARD OF THE MICHIGAN SCHOOL FOR THE 14 BLIND AND THE BOARD OF THE MICHIGAN SCHOOL FOR THE DEAF EACH 15 SHALL DO ALL OF THE FOLLOWING FOR ITS RESPECTIVE SCHOOL: 16 (A) SELECT AND EMPLOY THE SUPERINTENDENT AND OTHER SENIOR 17 ADMINISTRATIVE STAFF OF THE SCHOOL, AS THE BOARD DESIRES TO 18 EMPLOY, IN ACCORDANCE WITH QUALIFICATIONS AND OTHER REQUIREMENTS 19 SET BY APPLICABLE LAW. 20 (B) ESTABLISH, IN ACCORDANCE WITH APPLICABLE LAW AND WITH 21 THE INPUT OF THE SUPERINTENDENT, THE STANDARD COURSES OF STUDY 22 FOR THE SCHOOL, INCLUDING SUBJECTS TO BE TAUGHT, TEXTS, AND OTHER 23 EDUCATIONAL MATERIAL TO BE USED IN EACH GRADE, AS NECESSARY TO 24 PROVIDE PUPILS WITH THE OPPORTUNITY TO ACHIEVE A STATE ENDORSED 25 HIGH SCHOOL DIPLOMA. 26 (C) ESTABLISH REGULATIONS GOVERNING CLASS SIZE, 27 INSTRUCTIONAL CALENDAR, AND LENGTH OF THE INSTRUCTIONAL DAY, 06470'98 6 1 WHICH SHALL MEET AT LEAST THE MINIMUM REQUIREMENTS OF APPLICABLE 2 LAW. 3 (D) ESTABLISH A PUPIL CODE OF CONDUCT THAT PROVIDES FOR DIS- 4 CIPLINE IN ACCORDANCE WITH APPLICABLE LAW. 5 (E) IN ACCORDANCE WITH STATE CIVIL SERVICE RULES AND PROCE- 6 DURES AND OTHER APPLICABLE LAW, ESTABLISH POLICIES AND CRITERIA 7 FOR EMPLOYMENT, ASSIGNMENT, SUPERVISION, AND MANAGEMENT OF 8 EMPLOYEES OF THE SCHOOL. 9 (F) DELEGATE, AS THE BOARD CONSIDERS APPROPRIATE, BOARD 10 DUTIES TO COMMITTEES OR SUBCOMMITTEES OF THE BOARD. 11 (G) DEVELOP, PREPARE, AND PRESENT TO THE LEGISLATURE BUDGET 12 RECOMMENDATIONS REGARDING APPROPRIATIONS FOR THE SCHOOL. 13 (H) ACQUIRE, HOLD, CONVEY OR OTHERWISE DISPOSE OF, AND 14 INVEST OR REINVEST ANY AND ALL REAL AND PERSONAL PROPERTY OF THE 15 SCHOOL, INCLUDING EXISTING GIFT FUNDS. 16 (I) ACCEPT, RECEIVE, AND USE ANY FEDERAL, LOCAL, STATE, OR 17 PRIVATE FUNDS THAT MAY BE MADE AVAILABLE BY ANY ENTITY, AS CON- 18 SIDERED BY THE BOARD TO BE BENEFICIAL TO THE OPERATION OF THE 19 SCHOOL. 20 (J) ESTABLISH POLICIES AND REGULATIONS REGARDING THE SALE OF 21 GOODS AND SERVICES PROVIDED BY THE SCHOOL. 22 (2) IN ADDITION TO THE DUTIES UNDER SUBSECTION (1), EACH 23 BOARD MAY ESTABLISH A PERMANENT ENDOWMENT FUND FOR THE SCHOOL AND 24 ACCEPT GIFTS AND BEQUESTS TO THE FUND. 25 SEC. 1784. THE SUPERINTENDENT OF THE MICHIGAN SCHOOL FOR 26 THE BLIND AND THE SUPERINTENDENT OF THE MICHIGAN SCHOOL FOR THE 27 DEAF EACH SHALL PERFORM ALL DUTIES ASSIGNED BY HIS OR HER 06470'98 7 1 RESPECTIVE SCHOOL'S BOARD, INCLUDING AT LEAST ALL OF THE 2 FOLLOWING: 3 (A) ACT AS THE SCHOOL'S CHIEF ADMINISTRATIVE OFFICER. 4 (B) ASSIST THE BOARD IN MATTERS PERTAINING TO THE GENERAL 5 WELFARE OF THE SCHOOL AND PERFORM OTHER DUTIES AS DIRECTED BY THE 6 BOARD. 7 (C) SERVE AS SECRETARY TO THE BOARD. 8 (D) MAKE RECOMMENDATIONS TO THE BOARD CONCERNING THE BEST 9 METHODS OF ARRANGING THE COURSE OF STUDY AND SUITABLE TEXTBOOKS. 10 (E) PUT INTO PRACTICE THE EDUCATIONAL POLICIES OF THIS 11 STATE, THE STATE BOARD, AND THE BOARD, WITHIN THE MEANS PROVIDED 12 BY THIS STATE. 13 Enacting section 1. The following acts and parts of acts 14 are repealed: 15 (a) 1893 PA 116, MCL 393.51 to 393.69. 16 (b) 1893 PA 123, MCL 393.101 to 393.111. 17 (c) 1917 PA 148, MCL 393.21. 18 (d) Section 8b of 1984 PA 287, MCL 388.1008b. 06470'98 Final page. TAV