HOUSE BILL No. 5750


     May 9, 2000, Introduced by Reps. Ruth Johnson, Pappageorge, Birkholz, Allen, Bradstreet, Hart, Voorhees, Gosselin and
Kuipers and referred to the Committee on Education.


        A bill to amend 1976 PA 451, entitled

   "The revised school code,"

   by amending sections 1231 and 1236 (MCL 380.1231 and 380.1236),

   section 1236 as amended by 1995 PA 289, and by adding section

   1236a.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 1231.  (1) The board of a school district shall hire

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      and contract with qualified teachers.  Contracts with teachers

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      shall be in writing and signed ON BEHALF OF THE SCHOOL DISTRICT

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      by a majority of the board,  in behalf of the district, or  by

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      the president and secretary OF THE BOARD, or by the superinten-

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      dent of schools or an authorized representative of the board.

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      The contracts shall specify the wages agreed upon.

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            (2) A contract in a primary school district shall require

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      the teacher to keep a correct list of the pupils, grading, and


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      age of each pupil attending the school, the number of days each

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      pupil is present, and the aggregate attendance, which information

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      shall be filed with the intermediate superintendent and with the

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      secretary of the board at the end of the school year.  A teacher

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      in a primary school district shall not be entitled to receive the

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      teacher's last payment for services until the report is filed. 

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           (2)  (3)  A teacher's contract shall be filed with the sec-

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      retary OF THE BOARD and a duplicate copy of the contract shall be

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      furnished to the teacher.

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           (3)  (4) A  EXCEPT AS OTHERWISE PROVIDED UNDER THIS ACT, A

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      contract with a teacher  shall not be  IS NOT valid unless the

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      person holds a  legal  VALID TEACHING certificate  of

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      qualification  at the time the contractual period begins.  A con-

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      tract shall terminate if the certificate expires by limitation

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      and is not renewed immediately or if it is suspended or revoked

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      by proper legal authority.

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           (4)  (5)  The board of a school district, after a teacher

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      has been employed at least 2 consecutive years by the board, may

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      enter into a continuing contract with a certificated teacher.

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           (5) AS USED IN THIS SECTION, "TEACHER" DOES NOT INCLUDE A

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      SUBSTITUTE TEACHER.

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           Sec. 1236.  (1)  If  SUBJECT TO SUBSECTION (3), IF a teacher

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      is employed as a substitute teacher with an assignment to 1 spe-

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      cific teaching position, then after 60 days of service in that

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      assignment the teacher shall be granted for the duration of that

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      assignment leave time and other privileges granted to regular

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      teachers by the school district, including a salary not less than



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      the minimum salary on the current salary schedule for that

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      district.

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           (2)  A  SUBJECT TO SUBSECTION (3), A teacher employed as a

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      substitute teacher for 150 days or more during a legal school

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      year of not less than 180 days, or employed as a substitute

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      teacher for 180 days or more by an intermediate school district

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      that operates any program for 220 days or more as required by

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      administrative rule, shall be given during the balance of the

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      school year or during the next succeeding legal school year only

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      the first opportunity to accept or reject a contract for which

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      the substitute teacher is certified, after all other teachers of

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      the school district are reemployed in conformance with the terms

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      of a master contract of an authorized bargaining unit and the

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      employer.

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           (3) SUBSECTIONS (1) AND (2) DO NOT APPLY TO A SUBSTITUTE

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      TEACHER WHO IS CONTRACTED OR EMPLOYED BY A PERSON OR ENTITY THAT

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      CONTRACTS WITH A SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DISTRICT

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      PURSUANT TO SECTION 1236A.

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           (4)  (3)  As used in this section, "day" means the working

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      day of the regular, full-time teacher for whom the substitute

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      teacher substitutes.  A quarter-day, half-day, or other frac-

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      tional day of substitute service shall be counted only as that

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      fraction.  However, a fraction of a day that is acknowledged by

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      the school district and paid as a full day shall be counted as a

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      full day for purposes of this section.

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           SEC. 1236A.  (1) THE BOARD OF A SCHOOL DISTRICT OR

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      INTERMEDIATE SCHOOL DISTRICT MAY ENTER INTO A CONTRACT WITH A



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      PERSON OR ENTITY TO FURNISH SUBSTITUTE TEACHERS TO THE SCHOOL

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      DISTRICT OR INTERMEDIATE SCHOOL DISTRICT AS NECESSARY TO CARRY

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      OUT THE OPERATIONS OF THE SCHOOL DISTRICT OR INTERMEDIATE SCHOOL

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      DISTRICT.

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           (2) A CONTRACT ENTERED INTO UNDER THIS SECTION SHALL INCLUDE

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      THE FOLLOWING PROVISIONS:

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           (A) ASSURANCE THAT THE PERSON OR ENTITY WILL FURNISH THE

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      SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DISTRICT WITH CERTIFICATED

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      TEACHERS IN ACCORDANCE WITH THIS ACT AND RULES PROMULGATED UNDER

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      THIS ACT.

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           (B) ASSURANCE THAT THE PERSON OR ENTITY WILL NOT FURNISH TO

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      THE SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DISTRICT ANY TEACHER

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      WHO, IF EMPLOYED DIRECTLY BY THE SCHOOL DISTRICT OR INTERMEDIATE

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      SCHOOL DISTRICT, WOULD BE INELIGIBLE FOR EMPLOYMENT BY THE SCHOOL

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      DISTRICT OR INTERMEDIATE SCHOOL DISTRICT AS A SUBSTITUTE TEACHER

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      UNDER THIS ACT.

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           (C) A DESCRIPTION OF THE LEVEL OF COMPENSATION AND FRINGE

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      BENEFITS TO BE PROVIDED TO EMPLOYEES OF THE PERSON OR ENTITY WHO

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      ARE ASSIGNED TO THE SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DIS-

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      TRICT AS SUBSTITUTE TEACHERS.

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           (D) A DESCRIPTION OF THE TYPE AND AMOUNTS OF INSURANCE COV-

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      ERAGE TO BE SECURED AND MAINTAINED BY THE PERSON OR ENTITY AND

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      THE SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DISTRICT UNDER THE

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      CONTRACT.

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           (3) A SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DISTRICT THAT

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      CONTRACTS WITH A PERSON OR ENTITY TO FURNISH SUBSTITUTE TEACHERS

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      UNDER THIS SECTION MAY PURCHASE LIABILITY INSURANCE TO INDEMNIFY



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      AND PROTECT THE SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DISTRICT

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      AND THE PERSON OR ENTITY AGAINST LOSSES OR LIABILITIES INCURRED

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      BY THE SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DISTRICT AND PERSON

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      OR ENTITY ARISING OUT OF ANY CLAIM FOR PERSONAL INJURY OR PROP-

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      ERTY DAMAGE CAUSED BY THE SCHOOL DISTRICT OR INTERMEDIATE SCHOOL

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      DISTRICT, ITS OFFICERS, EMPLOYEES, OR AGENTS.  A SCHOOL DISTRICT

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      OR INTERMEDIATE SCHOOL DISTRICT MAY PAY PREMIUMS FOR THE INSUR-

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      ANCE OUT OF ITS OPERATING FUNDS.  THE EXISTENCE OF ANY POLICY OF

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      INSURANCE INDEMNIFYING THE SCHOOL DISTRICT OR INTERMEDIATE SCHOOL

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      DISTRICT AND PERSON OR ENTITY AGAINST LIABILITY FOR DAMAGES IS

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      NOT A WAIVER OF ANY DEFENSE OTHERWISE AVAILABLE TO THE SCHOOL

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      DISTRICT OR INTERMEDIATE SCHOOL DISTRICT IN THE DEFENSE OF THE

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      CLAIM.

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           (4) AS USED IN THIS SECTION, "ENTITY" MEANS A PARTNERSHIP,

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      NONPROFIT OR BUSINESS CORPORATION, LABOR ORGANIZATION, LIMITED

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      LIABILITY COMPANY, OR ANY OTHER ASSOCIATION, CORPORATION, TRUST,

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      OR OTHER LEGAL ENTITY.























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