SENATE BILL No. 1363

September 21, 2000, Introduced by Senators JOHNSON, HAMMERSTROM, JAYE,

BENNETT, GOSCHKA, STILLE, SHUGARS, STEIL, ROGERS, EMMONS,

SIKKEMA and SCHUETTE and referred to the Committee on Education.

A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending sections 1535a, 1539a, and 1539b (MCL 380.1535a,

380.1539a, and 380.1539b), as amended by 1995 PA 289.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 1535a. (1) Subject to subsection (2), if a person who

2 holds a teaching certificate that is valid in this state is con-

3 victed of a crime described in this subsection, the state board

4 SUPERINTENDENT OF PUBLIC INSTRUCTION shall notify the person in

5 writing that his or her teaching certificate may be suspended

6 because of the conviction and of his or her right to a hearing

7 before the state board SUPERINTENDENT OF PUBLIC INSTRUCTION.

8 If the person does not avail himself or herself of this right to

9 a hearing within 30 working days after receipt of this written

10 notification, the teaching certificate of that person shall be

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1 suspended. If a hearing takes place, the state board

2 SUPERINTENDENT OF PUBLIC INSTRUCTION may suspend the person's

3 teaching certificate based upon the issues and evidence presented

4 at the hearing. This subsection applies to any of the following

5 crimes:

6 (a) Any felony.

7 (b) Any of the following misdemeanors:

8 (i) Criminal sexual conduct in the fourth degree or an

9 attempt to commit criminal sexual conduct in the fourth degree.

10 (ii) Child abuse in the third or fourth degree or an attempt

11 to commit child abuse in the third or fourth degree.

12 (iii) A misdemeanor involving cruelty, torture, or indecent

13 exposure involving a child.

14 (iv) A misdemeanor violation of section 7410 of the public

15 health code, Act No. 368 of the Public Acts of 1978, being sec-

16 tion 333.7410 of the Michigan Compiled Laws 1978 PA 368, MCL

17 333.7410.

18 (v) A violation of section 115, 141a, 145a, or 359 of the

19 Michigan penal code, Act No. 328 of the Public Acts of 1931,

20 being sections 750.115, 750.141a, 750.145a, and 750.359 of the

21 Michigan Compiled Laws 1931 PA 328, MCL 750.115, 750.141A,

22 750.145A, AND 750.359, or a misdemeanor violation of section 81,

23 81a, or 145c of Act No. 328 of the Public Acts of 1931, being

24 sections 750.81, 750.81a, and 750.145c of the Michigan Compiled

25 Laws THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.81, 750.81A,

26 AND 750.145C.

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1 (vi) A misdemeanor violation of section 33 of the Michigan

2 liquor control act, Act No. 8 of the Public Acts of the Extra

3 Session of 1933, being section 436.33 of the Michigan Compiled

4 Laws 701 OF THE MICHIGAN LIQUOR CONTROL CODE OF 1998, 1998 PA

5 58, MCL 436.1701.

6 (2) If a person who holds a teaching certificate that is

7 valid in this state is convicted of a crime described in this

8 subsection, the state board SUPERINTENDENT OF PUBLIC

9 INSTRUCTION shall find that the public health, safety, or welfare

10 requires emergency action and shall order summary suspension of

11 the person's teaching certificate under section 92 of the admin-

12 istrative procedures act of 1969, Act No. 306 of the Public Acts

13 of 1969, being section 24.292 of the Michigan Compiled Laws 1969

14 PA 306, MCL 24.292. However, if a person convicted of a crime

15 described in this subsection is incarcerated in a state correc-

16 tional facility, the state board SUPERINTENDENT OF PUBLIC

17 INSTRUCTION may delay ordering the summary suspension until not

18 later than 10 work days after the person is released from secure

19 confinement. This subsection does not limit the state board's

20 SUPERINTENDENT OF PUBLIC INSTRUCTION'S ability to order summary

21 suspension of a person's teaching certificate for a reason other

22 than described in this subsection. This subsection applies to

23 conviction of any of the following crimes:

24 (a) Criminal sexual conduct in any degree, assault with

25 intent to commit criminal sexual conduct, or an attempt to commit

26 criminal sexual conduct in any degree.

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1 (b) Felonious assault on a child, child abuse in any degree,

2 or an attempt to commit child abuse in any degree.

3 (c) Cruelty, torture, or indecent exposure involving a

4 child.

5 (d) A violation of section 7401(2)(a)(i), 7403(2)(a)(i),

6 7410, or 7416 of the public health code, Act No. 368 of the

7 Public Acts of 1978, being sections 333.7401, 333.7403, 333.7410,

8 and 333.7416 of the Michigan Compiled Laws 1978 PA 368, MCL

9 333.7401, 333.7403, 333.7410, AND 333.7416.

10 (e) A violation of section 83, 89, 91, 316, 317, or 529 of

11 the Michigan penal code, Act No. 328 of the Public Acts of 1931,

12 being sections 750.83, 750.89, 750.91, 750.316, 750.317, and

13 750.529 of the Michigan Compiled Laws 1931 PA 328, MCL 750.83,

14 750.89, 750.91, 750.316, 750.317, AND 750.529.

15 (3) After the completion of a person's sentence, the person

16 may request a hearing before the state board SUPERINTENDENT OF

17 PUBLIC INSTRUCTION on reinstatement of his or her teaching

18 certificate. Based upon the issues and evidence presented at the

19 hearing, the state board SUPERINTENDENT OF PUBLIC INSTRUCTION

20 may reinstate, continue the suspension of, or permanently revoke

21 the person's teaching certificate.

22 (4) All of the following apply to a person described in this

23 section whose conviction is reversed upon final appeal:

24 (a) The person's teaching certificate shall be reinstated

25 upon his or her notification to the state board SUPERINTENDENT

26 OF PUBLIC INSTRUCTION of the reversal.

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1 (b) If the suspension of the person's teaching certificate

2 under this section was the sole cause of his or her discharge

3 from employment, the person shall be reinstated, upon his or her

4 notification to the appropriate local or intermediate school

5 board of the reversal, with full rights and benefits, to the

6 position he or she would have had if he or she had been continu-

7 ously employed.

8 (5) The prosecuting attorney of the county in which a person

9 who holds a teaching certificate was convicted of a crime

10 described in THIS subsection (1) shall notify the state board

11 SUPERINTENDENT OF PUBLIC INSTRUCTION, and any public school,

12 school district, intermediate school district, or nonpublic

13 school in which the person is employed, of that conviction and of

14 the sentence imposed on the person. The prosecuting attorney of

15 each county shall inquire of each person convicted in the county

16 of a crime described in THIS subsection (1) whether the person

17 holds a teaching certificate. THIS SUBSECTION APPLIES TO ANY OF

18 THE FOLLOWING CRIMES UNDER STATE LAW OR LOCAL ORDINANCE:

19 (A) A CRIME LISTED IN SUBSECTION (1).

20 (B) A MISDEMEANOR NOT LISTED IN SUBSECTION (1) THAT MEETS 1

21 OF THE FOLLOWING:

22 (i) INVOLVES INDECENT EXPOSURE OR OTHER LEWD BEHAVIOR.

23 (ii) INVOLVES USE OR POSSESSION OF MARIJUANA OR ANOTHER CON-

24 TROLLED SUBSTANCE.

25 (iii) IS AN ALCOHOL-RELATED OR DRUG-RELATED DRIVING OFFENSE.

26 (6) If the superintendent of a school district or

27 intermediate school district, the chief administrative officer of

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1 a nonpublic school, the president of the board of a school

2 district or intermediate school district, or the president of the

3 governing board of a nonpublic school is notified by a prosecut-

4 ing attorney or learns through an authoritative source that a

5 person who holds a teaching certificate and who is employed at

6 the time by the school district, intermediate school district, or

7 nonpublic school has been convicted of a crime described in sub-

8 section (1), the superintendent, chief administrative officer, or

9 board president shall notify the state board SUPERINTENDENT OF

10 PUBLIC INSTRUCTION of that conviction.

11 (7) If a person convicted of a crime described in subsection

12 (2) is incarcerated in a state correctional facility and the

13 state board SUPERINTENDENT OF PUBLIC INSTRUCTION delays summary

14 suspension as described in subsection (2), the state board

15 SUPERINTENDENT OF PUBLIC INSTRUCTION shall contact the department

16 of corrections and request to be notified before the person is

17 released from secure confinement. Upon receipt of that request,

18 the department of corrections shall notify the state board

19 SUPERINTENDENT OF PUBLIC INSTRUCTION at least 30 work days before

20 the person is released from secure confinement.

21 (8) For the purposes of this section, a certified copy of

22 the court record is conclusive evidence of conviction of a crime

23 described in this section. For the purposes of this section,

24 conviction of a crime described in this subsection SECTION is

25 considered to be reasonably and adversely related to the ability

26 of the person to serve in an elementary or secondary school and

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1 is sufficient grounds for suspension or revocation of the

2 person's teaching certificate.

3 (9) This section does not do any of the following:

4 (a) Prohibit a person who holds a teaching certificate from

5 seeking monetary compensation from a school board or intermediate

6 school board if that right is available under a collective bar-

7 gaining agreement or another statute.

8 (b) Limit the rights and powers granted to a school district

9 or intermediate school district under a collective bargaining

10 agreement, this act, or another statute to discipline or dis-

11 charge a person who holds a teaching certificate.

12 (c) Exempt a person who holds a teaching certificate from

13 the operation of section 1539a if the person also holds a school

14 administrator's certificate.

15 (10) The state board SUPERINTENDENT OF PUBLIC INSTRUCTION

16 may promulgate, as necessary, rules to implement this section

17 pursuant to the administrative procedures act of 1969, Act

18 No. 306 of the Public Acts of 1969, being sections 24.201 to

19 24.328 of the Michigan Compiled Laws 1969 PA 306, MCL 24.201 TO

20 24.328.

21 (11) As used in this section:

22 (a) "Conviction" means a judgment entered by a court upon a

23 plea of guilty, guilty but mentally ill, or nolo contendere or

24 upon a jury verdict or court finding that a defendant is guilty

25 or guilty but mentally ill.

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1 (b) "State correctional facility" means a correctional

2 facility under the jurisdiction of the department of

3 corrections.

4 Sec. 1539a. (1) Subject to subsection (2), if a person who

5 holds a school administrator's certificate that is valid in this

6 state is convicted of a crime described in this subsection, the

7 state board SUPERINTENDENT OF PUBLIC INSTRUCTION shall notify

8 the person in writing that his or her school administrator's cer-

9 tificate may be suspended because of the conviction and of his or

10 her right to a hearing before the state board SUPERINTENDENT OF

11 PUBLIC INSTRUCTION. If the person does not avail himself or her-

12 self of this right to a hearing within 30 working days after

13 receipt of this written notification, the school administrator's

14 certificate of that person shall be suspended. If a hearing

15 takes place, the state board SUPERINTENDENT OF PUBLIC

16 INSTRUCTION may suspend the person's school administrator's cer-

17 tificate based upon the issues and evidence presented at the

18 hearing. This subsection applies to any of the following

19 crimes:

20 (a) Any felony.

21 (b) Any of the following misdemeanors:

22 (i) Criminal sexual conduct in the fourth degree or an

23 attempt to commit criminal sexual conduct in the fourth degree.

24 (ii) Child abuse in the third or fourth degree or an attempt

25 to commit child abuse in the third or fourth degree.

26 (iii) A misdemeanor involving cruelty, torture, or indecent

27 exposure involving a child.

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1 (iv) A misdemeanor violation of section 7410 of the public

2 health code, Act No. 368 of the Public Acts of 1978, being sec-

3 tion 333.7410 of the Michigan Compiled Laws 1978 PA 368, MCL

4 333.7410.

5 (v) A violation of section 115, 141a, 145a, or 359 of the

6 Michigan penal code, Act No. 328 of the Public Acts of 1931,

7 being sections 750.115, 750.141a, 750.145a, and 750.359 of the

8 Michigan Compiled Laws 1931 PA 328, MCL 750.115, 750.141A,

9 750.145A, AND 750.359, or a misdemeanor violation of section 81,

10 81a, or 145c of Act No. 328 of the Public Acts of 1931, being

11 sections 750.81, 750.81a, and 750.145c of the Michigan Compiled

12 Laws THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.81, 750.81A,

13 AND 750.145C.

14 (vi) A misdemeanor violation of section 33 of the Michigan

15 liquor control act, Act No. 8 of the Public Acts of the Extra

16 Session of 1933, being section 436.33 of the Michigan Compiled

17 Laws 701 OF THE MICHIGAN LIQUOR CONTROL CODE OF 1998, 1998 PA

18 58, MCL 436.1701.

19 (2) If a person who holds a school administrator's certifi-

20 cate that is valid in this state is convicted of a crime

21 described in this subsection, the state board SUPERINTENDENT OF

22 PUBLIC INSTRUCTION shall find that the public health, safety, or

23 welfare requires emergency action and shall order summary suspen-

24 sion of the person's school administrator's certificate under

25 section 92 of the administrative procedures act of 1969, Act

26 No. 306 of the Public Acts of 1969, being section 24.292 of the

27 Michigan Compiled Laws 1969 PA 306, MCL 24.292. However, if a

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1 person convicted of a crime described in this subsection is

2 incarcerated in a state correctional facility, the state board

3 SUPERINTENDENT OF PUBLIC INSTRUCTION may delay ordering the sum-

4 mary suspension until not later than 10 work days after the

5 person is released from secure confinement. This subsection does

6 not limit the state board's SUPERINTENDENT OF PUBLIC

7 INSTRUCTION'S ability to order summary suspension of a person's

8 school administrator's certificate for a reason other than

9 described in this subsection. This subsection applies to convic-

10 tion of any of the following crimes:

11 (a) Criminal sexual conduct in any degree, assault with

12 intent to commit criminal sexual conduct, or an attempt to commit

13 criminal sexual conduct in any degree.

14 (b) Felonious assault on a child, child abuse in any degree,

15 or an attempt to commit child abuse in any degree.

16 (c) Cruelty, torture, or indecent exposure involving a

17 child.

18 (d) A violation of section 7401(2)(a)(i), 7403(2)(a)(i),

19 7410, or 7416 of the public health code, Act No. 368 of the

20 Public Acts of 1978, being sections 333.7401, 333.7403, 333.7410,

21 and 333.7416 of the Michigan Compiled Laws 1978 PA 368, MCL

22 333.7401, 333.7403, 333.7410, AND 333.7416.

23 (e) A violation of section 83, 89, 91, 316, 317, or 529 of

24 the Michigan penal code, Act No. 328 of the Public Acts of 1931,

25 being sections 750.83, 750.89, 750.91, 750.316, 750.317, and

26 750.529 of the Michigan Compiled Laws 1931 PA 328, MCL 750.83,

27 750.89, 750.91, 750.316, 750.317, AND 750.529.

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1 (3) After the completion of the person's sentence, the

2 person may request a hearing before the state board

3 SUPERINTENDENT OF PUBLIC INSTRUCTION on reinstatement of his or

4 her school administrator's certificate. Based upon the issues

5 and evidence presented at the hearing, the state board

6 SUPERINTENDENT OF PUBLIC INSTRUCTION may reinstate, continue the

7 suspension of, or permanently revoke the person's school

8 administrator's certificate.

9 (4) All of the following apply to a person described in this

10 section whose conviction is reversed upon final appeal:

11 (a) The person's school administrator's certificate shall be

12 reinstated upon his or her notification to the state board

13 SUPERINTENDENT OF PUBLIC INSTRUCTION of the reversal.

14 (b) If the suspension of the person's school administrator's

15 certificate under this section was the sole cause of his or her

16 discharge from employment, the person shall be reinstated, upon

17 his or her notification to the appropriate local or intermediate

18 school board of the reversal, with full rights and benefits, to

19 the position he or she would have had if he or she had been con-

20 tinuously employed.

21 (5) The prosecuting attorney of the county in which a person

22 who holds a school administrator's certificate was convicted of a

23 crime described in THIS subsection (1) shall notify the state

24 board SUPERINTENDENT OF PUBLIC INSTRUCTION, and any public

25 school, school district, intermediate school district, or nonpub-

26 lic school in which the person is employed, of that conviction

27 and of the sentence imposed on the person. The prosecuting

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1 attorney of each county shall inquire of each person convicted in

2 the county of a crime described in THIS subsection (1) whether

3 the person holds a school administrator's certificate. THIS SUB-

4 SECTION APPLIES TO ANY OF THE FOLLOWING CRIMES UNDER STATE LAW OR

5 LOCAL ORDINANCE:

6 (A) A CRIME LISTED IN SUBSECTION (1).

7 (B) A MISDEMEANOR NOT LISTED IN SUBSECTION (1) THAT MEETS 1

8 OF THE FOLLOWING:

9 (i) INVOLVES INDECENT EXPOSURE OR OTHER LEWD BEHAVIOR.

10 (ii) INVOLVES USE OR POSSESSION OF MARIJUANA OR ANOTHER CON-

11 TROLLED SUBSTANCE.

12 (iii) IS AN ALCOHOL-RELATED OR DRUG-RELATED DRIVING OFFENSE.

13 (6) If the superintendent of a school district or intermedi-

14 ate school district, the chief administrative officer of a non-

15 public school, the president of the board of a school district or

16 intermediate school district, or the president of the governing

17 board of a nonpublic school is notified by a prosecuting attorney

18 or learns through an authoritative source that a person who holds

19 a school administrator's certificate and who is employed at the

20 time by the school district, intermediate school district, or

21 nonpublic school has been convicted of a crime described in sub-

22 section (1), the superintendent, chief administrative officer, or

23 board president shall notify the state board SUPERINTENDENT OF

24 PUBLIC INSTRUCTION of that conviction.

25 (7) If a person convicted of a crime described in subsection

26 (2) is incarcerated in a state correctional facility and the

27 state board SUPERINTENDENT OF PUBLIC INSTRUCTION delays summary

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1 suspension as described in subsection (2), the state board

2 SUPERINTENDENT OF PUBLIC INSTRUCTION shall contact the department

3 of corrections and request to be notified before the person is

4 released from secure confinement. Upon receipt of that request,

5 the department of corrections shall notify the state board

6 SUPERINTENDENT OF PUBLIC INSTRUCTION at least 30 work days before

7 the person is released from secure confinement.

8 (8) For the purposes of this section, a certified copy of

9 the court record is conclusive evidence of conviction of a crime

10 described in this section. For the purposes of this section,

11 conviction of a crime described in this subsection SECTION is

12 considered to be reasonably and adversely related to the ability

13 of the person to serve in an elementary or secondary school and

14 is sufficient grounds for suspension or revocation of the

15 person's school administrator's certificate.

16 (9) This section does not do any of the following:

17 (a) Prohibit a person who holds a school administrator's

18 certificate from seeking monetary compensation from a school

19 board or intermediate school board if that right is available

20 under a collective bargaining agreement or another statute.

21 (b) Limit the rights and powers granted to a school district

22 or intermediate school district under a collective bargaining

23 agreement, this act, or another statute to discipline or dis-

24 charge a person who holds a school administrator's certificate.

25 (c) Exempt a person who holds a school administrator's cer-

26 tificate from the operation of section 1535a.

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1 (10) The state board SUPERINTENDENT OF PUBLIC INSTRUCTION

2 may promulgate, as necessary, rules to implement this section

3 pursuant to the administrative procedures act of 1969, Act

4 No. 306 of the Public Acts of 1969, being sections 24.201 to

5 24.328 of the Michigan Compiled Laws 1969 PA 306, MCL 24.201 TO

6 24.328.

7 (11) As used in this section:

8 (a) "Conviction" means a judgment entered by a court upon a

9 plea of guilty, guilty but mentally ill, or nolo contendere or

10 upon a jury verdict or court finding that a defendant is guilty

11 or guilty but mentally ill.

12 (b) "State correctional facility" means a correctional

13 facility under the jurisdiction of the department of

14 corrections.

15 Sec. 1539b. (1) Subject to subsection (2), if a person who

16 holds state board approval is convicted of a crime described in

17 this subsection, the state board SUPERINTENDENT OF PUBLIC

18 INSTRUCTION shall notify the person in writing that his or her

19 state board approval may be suspended because of the conviction

20 and of his or her right to a hearing before the state board

21 SUPERINTENDENT OF PUBLIC INSTRUCTION. If the person does not

22 avail himself or herself of this right to a hearing within 30

23 working days after receipt of this written notification, the

24 person's state board approval shall be suspended. If a hearing

25 takes place, the state board SUPERINTENDENT OF PUBLIC

26 INSTRUCTION may suspend the person's state board approval,

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1 based upon the issues and evidence presented at the hearing.

2 This subsection applies to any of the following crimes:

3 (a) Any felony.

4 (b) Any of the following misdemeanors:

5 (i) Criminal sexual conduct in the fourth degree or an

6 attempt to commit criminal sexual conduct in the fourth degree.

7 (ii) Child abuse in the third or fourth degree or an attempt

8 to commit child abuse in the third or fourth degree.

9 (iii) A misdemeanor involving cruelty, torture, or indecent

10 exposure involving a child.

11 (iv) A misdemeanor violation of section 7410 of the public

12 health code, Act No. 368 of the Public Acts of 1978, being sec-

13 tion 333.7410 of the Michigan Compiled Laws 1978 PA 368, MCL

14 333.7410.

15 (v) A violation of section 115, 141a, 145a, or 359 of the

16 Michigan penal code, Act No. 328 of the Public Acts of 1931,

17 being sections 750.115, 750.141a, 750.145a, and 750.359 of the

18 Michigan Compiled Laws 1931 PA 328, MCL 750.115, 750.141A,

19 750.145A, AND 750.359, or a misdemeanor violation of section 81,

20 81a, or 145c of Act No. 328 of the Public Acts of 1931, being

21 sections 750.81, 750.81a, and 750.145c of the Michigan Compiled

22 Laws THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.81, 750.81A,

23 AND 750.145C.

24 (vi) A misdemeanor violation of section 33 of the Michigan

25 liquor control act, Act No. 8 of the Public Acts of the Extra

26 Session of 1933, being section 436.33 of the Michigan Compiled

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1 Laws 701 OF THE MICHIGAN LIQUOR CONTROL CODE OF 1998, 1998 PA

2 58, MCL 436.1701.

3 (2) If a person who holds state board approval is con-

4 victed of a crime described in this subsection, the state board

5 SUPERINTENDENT OF PUBLIC INSTRUCTION shall find that the public

6 health, safety, or welfare requires emergency action and shall

7 order summary suspension of the person's state board approval

8 under section 92 of the administrative procedures act of 1969,

9 Act No. 306 of the Public Acts of 1969, being section 24.292 of

10 the Michigan Compiled Laws 1969 PA 306, MCL 24.292. However, if

11 a person convicted of a crime described in this subsection is

12 incarcerated in a state correctional facility, the state board

13 SUPERINTENDENT OF PUBLIC INSTRUCTION may delay ordering the sum-

14 mary suspension until not later than 10 work days after the

15 person is released from secure confinement. This subsection does

16 not limit the state board's SUPERINTENDENT OF PUBLIC

17 INSTRUCTION'S ability to order summary suspension of a person's

18 state board approval for a reason other than described in this

19 subsection. This subsection applies to conviction of any of the

20 following crimes:

21 (a) Criminal sexual conduct in any degree, assault with

22 intent to commit criminal sexual conduct, or an attempt to commit

23 criminal sexual conduct in any degree.

24 (b) Felonious assault on a child, child abuse in any degree,

25 or an attempt to commit child abuse in any degree.

26 (c) Cruelty, torture, or indecent exposure involving a

27 child.

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1 (d) A violation of section 7401(2)(a)(i), 7403(2)(a)(i),

2 7410, or 7416 of the public health code, Act No. 368 of the

3 Public Acts of 1978, being sections 333.7401, 333.7403, 333.7410,

4 and 333.7416 of the Michigan Compiled Laws 1978 PA 368, MCL

5 333.7401, 333.7403, 333.7410, AND 333.7416.

6 (e) A violation of section 83, 89, 91, 316, 317, or 529 of

7 the Michigan penal code, Act No. 328 of the Public Acts of 1931,

8 being sections 750.83, 750.89, 750.91, 750.316, 750.317, and

9 750.529 of the Michigan Compiled Laws 1931 PA 328, MCL 750.83,

10 750.89, 750.91, 750.316, 750.317, AND 750.529.

11 (3) After the completion of the person's sentence, the

12 person may request a hearing before the state board

13 SUPERINTENDENT OF PUBLIC INSTRUCTION on reinstatement of his or

14 her state board approval. Based upon the issues and evidence

15 presented at the hearing, the state board SUPERINTENDENT OF

16 PUBLIC INSTRUCTION may reinstate, continue the suspension of, or

17 permanently revoke the person's state board approval.

18 (4) All of the following apply to a person described in this

19 section whose conviction is reversed upon final appeal:

20 (a) The person's state board approval shall be reinstated

21 upon his or her notification to the state board SUPERINTENDENT

22 OF PUBLIC INSTRUCTION of the reversal.

23 (b) If the suspension of the state board approval was the

24 sole cause of his or her discharge from employment, the person

25 shall be reinstated upon his or her notification to the appropri-

26 ate local or intermediate school board of the reversal, with full

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1 rights and benefits, to the position he or she would have had if

2 he or she had been continuously employed.

3 (5) The prosecuting attorney of the county in which a person

4 who holds state board approval was convicted of a crime

5 described in THIS subsection (1) shall notify the state board

6 SUPERINTENDENT OF PUBLIC INSTRUCTION, and any public school,

7 school district, intermediate school district, or nonpublic

8 school in which the person is employed, of that conviction and of

9 the sentence imposed on the person. The prosecuting attorney of

10 each county shall inquire of each person convicted in the county

11 of a crime described in THIS subsection (1) whether the person

12 holds state board approval. The state board SUPERINTENDENT

13 OF PUBLIC INSTRUCTION shall make available to prosecuting attor-

14 neys a list of school occupations that commonly require state

15 board approval. THIS SUBSECTION APPLIES TO ANY OF THE FOLLOW-

16 ING CRIMES UNDER STATE LAW OR LOCAL ORDINANCE:

17 (A) A CRIME LISTED IN SUBSECTION (1).

18 (B) A MISDEMEANOR NOT LISTED IN SUBSECTION (1) THAT MEETS 1

19 OF THE FOLLOWING:

20 (i) INVOLVES INDECENT EXPOSURE OR OTHER LEWD BEHAVIOR.

21 (ii) INVOLVES USE OR POSSESSION OF MARIJUANA OR ANOTHER CON-

22 TROLLED SUBSTANCE.

23 (iii) IS AN ALCOHOL-RELATED OR DRUG-RELATED DRIVING OFFENSE.

24 (6) If the superintendent of a school district or intermedi-

25 ate school district, the chief administrative officer of a non-

26 public school, the president of the board of a school district or

27 intermediate school district, or the president of the governing

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1 board of a nonpublic school is notified by a prosecuting attorney

2 or learns through an authoritative source that a person who holds

3 state board approval and who is employed at the time by the

4 school district, intermediate school district, or nonpublic

5 school has been convicted of a crime described in subsection (1),

6 the superintendent, chief administrative officer, or board presi-

7 dent shall notify the state board SUPERINTENDENT OF PUBLIC

8 INSTRUCTION of that conviction.

9 (7) If a person convicted of a crime described in subsection

10 (2) is incarcerated in a state correctional facility and the

11 state board SUPERINTENDENT OF PUBLIC INSTRUCTION delays summary

12 suspension as described in subsection (2), the state board

13 SUPERINTENDENT OF PUBLIC INSTRUCTION shall contact the department

14 of corrections and request to be notified before the person is

15 released from secure confinement. Upon receipt of that request,

16 the department of corrections shall notify the state board

17 SUPERINTENDENT OF PUBLIC INSTRUCTION at least 30 work days before

18 the person is released from secure confinement.

19 (8) For the purposes of this section, a certified copy of

20 the court record is conclusive evidence of conviction of a crime

21 described in this section. For the purposes of this section,

22 conviction of a crime described in this subsection SECTION is

23 considered to be reasonably and adversely related to the ability

24 of the person to serve in an elementary or secondary school and

25 is sufficient grounds for suspension or revocation of the

26 person's state board approval.

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1 (9) This section does not do any of the following:

2 (a) Prohibit a person who holds state board approval from

3 seeking monetary compensation from a school board or intermediate

4 school board if that right is available under a collective bar-

5 gaining agreement or another statute.

6 (b) Limit the rights and powers granted to a school district

7 or intermediate school district under a collective bargaining

8 agreement, this act, or another statute to discipline or dis-

9 charge a person who holds state board approval.

10 (c) Exempt a person who holds state board approval from

11 the operation of section 1535a or 1539a, or both, if the person

12 holds a certificate subject to 1 or both of those sections.

13 (d) Limit the ability of a state licensing body to take

14 action against a person's license or registration for the same

15 conviction.

16 (10) The state board SUPERINTENDENT OF PUBLIC INSTRUCTION

17 may promulgate, as necessary, rules to implement this section

18 pursuant to the administrative procedures act of 1969, Act

19 No. 306 of the Public Acts of 1969, being sections 24.201 to

20 24.328 of the Michigan Compiled Laws 1969 PA 306, MCL 24.201 TO

21 24.328.

22 (11) As used in this section:

23 (a) "Conviction" means a judgment entered by a court upon a

24 plea of guilty, guilty but mentally ill, or nolo contendere or

25 upon a jury verdict or court finding that a defendant is guilty

26 or guilty but mentally ill.

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21

1 (b) "State board approval" means a license, certificate,

2 endorsement, permit, approval, or other evidence of

3 qualifications to hold a particular position in a school district

4 or intermediate school district or in a nonpublic school, other

5 than a teacher's certificate subject to section 1535a or a school

6 administrator's certificate subject to section 1539a, that is

7 issued to a person by the state board OR THE SUPERINTENDENT OF

8 PUBLIC INSTRUCTION under this act or a rule promulgated under

9 this act.

10 (c) "State correctional facility" means a correctional

11 facility under the jurisdiction of the department of

12 corrections.

06936'00 Final page. TAV