No. 24

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature


REGULAR SESSION OF 1999


House Chamber, Lansing, Wednesday, March 17, 1999.

 

12:01 a.m.

 

The House was called to order by the Speaker.

 

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

 

 

Allen--present

Baird--present

Basham--present

Birkholz--present

Bisbee--present

Bishop--present

Bogardus--present

Bovin--present

Bradstreet--present

Brater--present

Brewer--present

Brown, Bob--present

Brown, Cameron--present

Byl--present

Callahan--present

Cassis--present

Caul--present

Cherry--present

Clark--present

Clarke--present

Daniels--present

DeHart--excused

Dennis--present

DeRossett--present

DeVuyst--present

DeWeese--present

Ehardt--present

Faunce--present

Frank--present

Garcia--present

Garza--present

Geiger--present

Gieleghem--present

Gilbert--present

Godchaux--present

Gosselin--present

Green--present

Hager--present

Hale--present

Hanley--present

Hansen--present

Hardman--present

Hart--present

Howell--present

Jacobs--present

Jamnick--present

Jansen--present

Jelinek--present

Jellema--present

Johnson, Rick--present

Johnson, Ruth--present

Julian--present

Kelly--present

Kilpatrick--present

Koetje--present

Kowall--present

Kuipers--present

Kukuk--present

LaForge--present

LaSata--present

Law--present

Lemmons--present

Lockwood--present

Mans--present

Martinez--present

Mead--present

Middaugh--present

Minore--present

Mortimer--present

Neumann--present

O'Neil--present

Pappageorge--present

Patterson--present

Perricone--present

Pestka--present

Price--present

Prusi--present

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--present

Rivet--excused

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Scott--present

Scranton--present

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--present

Stamas--present

Switalski--present

Tabor--present

Tesanovich--present

Thomas--present

Toy--present

Vander Roest--present

Van Woerkom--present

Vaughn--present

Vear--present

Voorhees--present

Wojno--present

Woodward--present

Woronchak--present

 

 

e/d/s = entered during session

Rep. Tom Kelly, from the 17th District, offered the following invocation:

 

"May those who love us, truly love us. And those who do not love us, may God and St. Patrick turn their hearts. If God and St. Patrick cannot turn their hearts, may they turn their ankles, so we know them by their limp. Amen."

 

 

______

 

 

Rep. Scott moved that Reps. DeHart and Rivet be excused from today's session.

The motion prevailed.

 

 

Second Reading of Bills

 

 

Senate Bill No. 297, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 402 and 471a (MCL 380.402 and 380.471a), section 471a as amended by 1982 PA 71, and by adding part 5A and section 449.

(The bill was read a second time, substitute (H-5) adopted, amendments adopted, amendments offered and postponed temporarily on March 16, see House Journal No. 23, p. 330.)

 

Rep. Bob Brown moved to amend the bill as follows:

1. Amend page 11, following line 4, following section 378, by inserting:

"SEC. 379. BEGINNING WITH THE 1999-2000 STATE FISCAL YEAR, THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP A K-12 SCHOOL READING IMPROVEMENT PROGRAM FOR GRADES K TO 3. THE READING IMPROVEMENT PROGRAM SHALL INCLUDE MENTORING TUTORING.".

The question being on the adoption of the amendment offered by Rep. Bob Brown,

Rep. Bob Brown demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Bob Brown,

The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 119 Yeas--60

 

 
BairdGarzaMansScott
BashamGieleghemMartinezShackleton
BogardusGilbertMinoreSheltrown
BovinHaleNeumannSpade
BraterHanleyO'NeilStallworth
BrewerHansenPestkaSwitalski
Brown, B.HardmanPriceTesanovich
CallahanJacobsPrusiThomas
CherryJamnickQuarlesToy
ClarkJelinekReevesVan Woerkom
ClarkeJulianRichardvilleVander Roest
DanielsKellyRisonVaughn
DennisKilpatrickRoccaWojno
FaunceLemmonsSchauerWoodward
FrankLockwoodSchermesserWoronchak

 

 

Nays--45

 

 
AllenEhardtKoetjePerricone
BirkholzGarciaKowallPumford
BisbeeGodchauxKuipersRaczkowski
BishopGosselinKukukRichner
BradstreetHagerLaSataSanborn
Brown, C.HartLawScranton
BylHowellMeadShulman
CassisJansenMiddaughStamas
CaulJellemaMortimerTabor
DeRossettJohnson, RickPappageorgeVear
DeVuystJohnson, RuthPattersonVoorhees

DeWeese

 

 

In The Chair: Perricone

 

 

Rep. Daniels moved to amend the bill as follows:

1. Amend page 11, following line 4, following section 377, by inserting:

"SEC. 378. THE LEGISLATURE SHALL APPROPRIATE FUNDING FOR MEAP IMPROVEMENT GRANTS TO SCHOOL DISTRICTS IN WHICH THE PERCENTAGE OF PUPILS SCORING AT LEAST "SATISFACTORY" ON THE MICHIGAN EDUCATION ASSESSMENT PROGRAM GRADE 4 READING TEST OR GRADE 4 MATHEMATICS TEST IS LESS THAN THE PERCENTAGE OF PUPILS SCORING AT LEAST "SATISFACTORY" ON THOSE TESTS IN A QUALIFYING SCHOOL DISTRICT.".

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

 

Rep. Allen moved to substitute (H-12) the bill.

The motion prevailed and the substitute (H-12) was adopted, a majority of the members serving voting therefor.

 

Rep. Hardman moved to amend the bill as follows:

1. Amend page 4, line 18, after "PROJECTS." by inserting "THE REFORM SCHOOL BOARD SHALL COMPLY WITH 1965 PA 166, MCL 408.551 TO 408.558, IN ALL CONSTRUCTION AND OTHER CAPITAL PROJECTS FUNDED BY BOND PROCEEDS.".

The question being on the adoption of the amendment offered by Rep. Hardman,

Rep. Hardman demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Hardman,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 120 Yeas--48

 

 
BashamGarzaMansSchauer
BogardusGieleghemMartinezSchermesser
BovinHaleMinoreScott
BraterHanleyNeumannSheltrown
Brown, B.HansenO'NeilSpade
CallahanHardmanPestkaStallworth
CherryJacobsPriceSwitalski
ClarkJamnickPrusiTesanovich
ClarkeKilpatrickQuarlesThomas
DanielsLaForgeReevesVaughn
DennisLemmonsRichardvilleWojno
FrankLockwoodRisonWoodward

 

 

Nays--57

 

 
AllenGarciaKoetjeRichner
BairdGeigerKowallRocca
BirkholzGilbertKuipersSanborn
BisbeeGodchauxKukukScranton
BishopGosselinLaSataShackleton
BradstreetHagerLawShulman
Brown, C.HartMeadStamas
BylHowellMiddaughTabor
CassisJansenMortimerToy
CaulJelinekPappageorgeVan Woerkom
DeRossettJellemaPattersonVander Roest
DeVuystJohnson, RickPerriconeVear
DeWeeseJohnson, RuthPumfordVoorhees
EhardtJulianRaczkowskiWoronchak

Faunce

 

 

In The Chair: Perricone

 

 

Rep. Hale moved to amend the bill as follows:

1. Amend page 7, following line 8, by inserting:

"(8) A REFORM SCHOOL BOARD APPOINTED UNDER THIS PART SHALL ENSURE THAT SUFFICIENT TEXTBOOKS AND OTHER SUPPLIES NEEDED BY A SCHOOL OF THE SCHOOL DISTRICT FOR AN ENTIRE SCHOOL YEAR ARE ON HAND AT THE SCHOOL NOT LATER THAN 30 CALENDAR DAYS AFTER THE BEGINNING OF THAT SCHOOL YEAR." and renumbering the remaining subsection.

The question being on the adoption of the amendment offered by Rep. Hale,

Rep. Hale demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Hale,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 121 Yeas--46

 

 
BashamGieleghemMinoreSchermesser
BogardusHaleNeumannScott
BovinHanleyPestkaSheltrown
BraterHansenPriceSpade
Brown, B.HardmanPrusiSwitalski
CallahanJacobsQuarlesTesanovich
CherryJamnickReevesThomas
ClarkKellyRichardvilleVaughn
DanielsKilpatrickRisonWojno
DennisLaForgeRoccaWoodward
FrankLemmonsSchauerWoronchak

Garza Lockwood

 

 

Nays--56

 

 
AllenFaunceJohnson, RuthPumford
BirkholzGarciaJulianRaczkowski
BisbeeGeigerKoetjeRichner
BishopGilbertKowallSanborn
BradstreetGodchauxKuipersScranton
BrewerGosselinKukukShackleton
Brown, C.GreenLaSataShulman
BylHagerMartinezStamas
CassisHartMeadTabor
CaulHowellMiddaughToy
DeRossettJansenMortimerVan Woerkom
DeVuystJelinekPappageorgeVander Roest
DeWeeseJellemaPattersonVear
EhardtJohnson, RickPerriconeVoorhees

 

 

In The Chair: Perricone

 

 

Rep. Bob Brown moved to amend the bill as follows:

1. Amend page 1, line 7, after "6." by inserting "THE LEGISLATURE SHALL NOT AMEND THIS ACT TO ALLOW ANY OTHER SCHOOL DISTRICT TO BE A QUALIFYING SCHOOL DISTRICT OR OTHERWISE SUBJECT ANOTHER SCHOOL DISTRICT TO THE MEASURES DESCRIBED IN THIS PART UNTIL AFTER THE BALLOT QUESTION REQUIRED UNDER SECTION 375 IS APPROVED OR DISAPPROVED.".

The question being on the adoption of the amendment offered by Rep. Bob Brown,

Rep. Bob Brown demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Bob Brown,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 122 Yeas--46

 

 
BairdFrankMansSchermesser
BashamGarzaMinoreScott
BogardusGieleghemNeumannSheltrown
BovinHaleO'NeilSpade
BrewerHansenPestkaStallworth
Brown, B.HardmanPriceSwitalski
CallahanJacobsPrusiTesanovich
CherryJamnickQuarlesThomas
ClarkKilpatrickReevesVaughn
ClarkeLaForgeRisonWojno
DanielsLemmonsSchauerWoodward

Dennis Lockwood

 

 

Nays--59

 

 
AllenGeigerKoetjeRichner
BirkholzGilbertKowallRocca
BisbeeGodchauxKuipersSanborn
BishopGosselinKukukScranton
BradstreetGreenLaSataShackleton
Brown, C.HagerMartinezShulman
BylHanleyMeadStamas
CassisHartMiddaughTabor
CaulHowellMortimerToy
DeRossettJansenPappageorgeVan Woerkom
DeVuystJelinekPattersonVander Roest
DeWeeseJellemaPerriconeVear
EhardtJohnson, RickPumfordVoorhees
FaunceJohnson, RuthRaczkowskiWoronchak
GarciaJulianRichardville

 

 

In The Chair: Perricone

Rep. Thomas moved to amend the bill as follows:

1. Amend page 12, following line 11, by inserting:

"SEC. 377. BEGINNING WITH THE 1999-2000 STATE FISCAL YEAR, THE LEGISLATURE SHALL APPROPRIATE AT LEAST $5,000,000.00 EACH FISCAL YEAR TO K-12 SCHOOL DISTRICTS FOR OPERATING SAFE HAVEN PROGRAMS. A SAFE HAVEN PROGRAM SHALL PROVIDE SOCIAL, INSTRUCTIONAL, RECREATIONAL, ATHLETIC, ARTISTIC, AND OTHER APPROPRIATE ACTIVITIES FOR SCHOOL AGE CHILDREN BEFORE AND AFTER REGULAR SCHOOL HOURS ON SCHOOL PREMISES.".

The question being on the adoption of the amendment offered by Rep. Thomas,

Rep. Thomas demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Thomas,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 123 Yeas--47

 

 
BairdDennisLockwoodSchermesser
BashamFrankMartinezScott
BogardusGarzaMinoreSheltrown
BovinGieleghemNeumannSpade
BraterHaleO'NeilStallworth
BrewerHanleyPestkaSwitalski
Brown, B.HansenPriceTesanovich
CallahanHardmanPrusiThomas
CherryJacobsQuarlesVaughn
ClarkJamnickReevesWojno
ClarkeKilpatrickRisonWoodward
DanielsLemmonsSchauer

 

 

Nays--57

 

 
AllenGeigerKoetjeRichner
BirkholzGilbertKowallRocca
BisbeeGodchauxKuipersSanborn
BishopGosselinKukukScranton
BradstreetGreenLaSataShackleton
Brown, C.HagerMeadShulman
BylHartMiddaughStamas
CassisHowellMortimerTabor
CaulJansenPappageorgeToy
DeRossettJelinekPattersonVan Woerkom
DeVuystJellemaPerriconeVander Roest
DeWeeseJohnson, RickPumfordVear
EhardtJohnson, RuthRaczkowskiVoorhees
FaunceJulianRichardvilleWoronchak

Garcia

 

 

In The Chair: Perricone

 

 

______

 

 

Rep. LaForge asked and obtained an excuse from the balance of today's session.

Rep. Daniels moved to amend the bill as follows:

1. Amend page 12, following line 11, by inserting:

"SEC. 377. THE LEGISLATURE SHALL APPROPRIATE FUNDING FOR MEAP IMPROVEMENT GRANTS TO SCHOOL DISTRICTS IN WHICH THE PERCENTAGE OF PUPILS SCORING AT LEAST "SATISFACTORY" ON THE MICHIGAN EDUCATION ASSESSMENT PROGRAM GRADE 4 READING TEST OR GRADE 4 MATHEMATICS TEST IS LESS THAN THE PERCENTAGE OF PUPILS SCORING AT LEAST "SATISFACTORY" ON THOSE TESTS IN A QUALIFYING SCHOOL DISTRICT.".

The question being on the adoption of the amendment offered by Rep. Daniels,

Rep. Daniels demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Daniels,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 124 Yeas--39

 

 
BashamDanielsKilpatrickScott
BogardusDennisLockwoodSpade
BovinGarzaMartinezStallworth
BraterGieleghemMinoreSwitalski
BrewerHalePriceTesanovich
Brown, B.HanleyPrusiThomas
CallahanHansenQuarlesVaughn
CherryHardmanReevesWojno
ClarkJacobsRisonWoodward
ClarkeJamnickSchauer

 

 

Nays--58

 

 
AllenGeigerKowallRocca
BirkholzGilbertKuipersSanborn
BisbeeGodchauxKukukScranton
BishopGosselinLaSataShackleton
BradstreetGreenMeadSheltrown
Brown, C.HagerMiddaughShulman
BylHartMortimerStamas
CassisHowellPappageorgeTabor
CaulJansenPattersonToy
DeRossettJelinekPerriconeVan Woerkom
DeVuystJellemaPumfordVander Roest
DeWeeseJohnson, RickRaczkowskiVear
EhardtJohnson, RuthRichardvilleVoorhees
FaunceJulianRichnerWoronchak

Garcia Koetje

 

 

In The Chair: Perricone

 

 

Rep. Baird moved to amend the bill as follows:

1. Amend page 7, line 9, by striking out all of subsection (8).

The question being on the adoption of the amendment offered by Rep. Baird,

Rep. Baird demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Baird,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 125 Yeas--47

 

 
BairdDennisLockwoodSchermesser
BashamFrankMansScott
BogardusGarzaMartinezSheltrown
BovinGieleghemMinoreSpade
BraterHaleNeumannStallworth
BrewerHanleyO'NeilSwitalski
Brown, B.HansenPestkaTesanovich
CallahanHardmanPrusiThomas
CherryJacobsQuarlesVaughn
ClarkJamnickReevesWojno
ClarkeKilpatrickRisonWoodward
DanielsLemmonsSchauer

 

 

Nays--57

 

 
AllenGeigerKoetjeRichner
BirkholzGilbertKowallRocca
BisbeeGodchauxKuipersSanborn
BishopGosselinKukukScranton
BradstreetGreenLaSataShackleton
Brown, C.HagerMeadShulman
BylHartMiddaughStamas
CassisHowellMortimerTabor
CaulJansenPappageorgeToy
DeRossettJelinekPattersonVan Woerkom
DeVuystJellemaPerriconeVander Roest
DeWeeseJohnson, RickPumfordVear
EhardtJohnson, RuthRaczkowskiVoorhees
FaunceJulianRichardvilleWoronchak

Garcia

 

 

In The Chair: Perricone

 

 

Rep. Bob Brown moved to amend the bill as follows:

1. Amend page 12, following line 11, by inserting:

"SEC. 377. BEGINNING WITH THE 1999-2000 STATE FISCAL YEAR, THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP A K-12 SCHOOL READING IMPROVEMENT PROGRAM FOR GRADES K TO 3. THE READING IMPROVEMENT PROGRAM SHALL INCLUDE MENTORING TUTORING.".

The question being on the adoption of the amendment offered by Rep. Bob Brown,

Rep. Bob Brown demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Bob Brown,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 126 Yeas--49

 

 
BairdGarzaMartinezSchermesser
BashamGieleghemMinoreScott
BovinHaleNeumannSheltrown
BraterHanleyO'NeilSpade
BrewerHansenPestkaStallworth
Brown, B.HardmanPriceSwitalski
CallahanJacobsPrusiTesanovich
CherryJamnickQuarlesThomas
ClarkKilpatrickReevesToy
ClarkeLemmonsRisonVaughn
DanielsLockwoodRoccaWojno
DennisMansSchauerWoodward

Frank

 

 

Nays--53

 

 
AllenGarciaKoetjeRichardville
BirkholzGilbertKowallRichner
BisbeeGodchauxKuipersSanborn
BishopGosselinKukukScranton
BradstreetHagerLaSataShackleton
Brown, C.HartMeadShulman
BylHowellMiddaughStamas
CassisJansenMortimerTabor
CaulJelinekPappageorgeVan Woerkom
DeRossettJellemaPattersonVander Roest
DeVuystJohnson, RickPerriconeVear
DeWeeseJohnson, RuthPumfordVoorhees
EhardtJulianRaczkowskiWoronchak

Faunce

 

 

In The Chair: Perricone

 

 

Rep. Bogardus moved to amend the bill as follows:

1. Amend page 2, line 5, after "MAYOR" by striking out the balance of the sentence and inserting a period.

The question being on the adoption of the amendment offered by Rep. Bogardus,

Rep. Bogardus demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Bogardus,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 127 Yeas--43

 

 
BairdDennisLockwoodRison
BashamFrankMansSchauer
BogardusGarzaMartinezSchermesser
BovinGieleghemMinoreScott
BraterHaleNeumannSheltrown
BrewerHanleyO'NeilStallworth
Brown, B.HansenPestkaTesanovich
CallahanHardmanPriceThomas
CherryJacobsPrusiVaughn
ClarkJamnickQuarlesWoodward
ClarkeKilpatrickReeves

Nays--58

 

 
AllenGodchauxLaSataScranton
BirkholzGosselinLemmonsShackleton
BisbeeHagerMeadShulman
BishopHartMiddaughSpade
BradstreetHowellMortimerStamas
BylJansenPappageorgeSwitalski
CassisJelinekPattersonTabor
CaulJellemaPerriconeToy
DeRossettJohnson, RickPumfordVan Woerkom
DeVuystJohnson, RuthRaczkowskiVander Roest
DeWeeseJulianRichardvilleVear
EhardtKoetjeRichnerVoorhees
FaunceKowallRoccaWojno
GarciaKuipersSanbornWoronchak

Gilbert Kukuk

 

 

In The Chair: Perricone

 

 

Rep. Basham moved to amend the bill as follows:

1. Amend page 2, following line 11, by inserting:

"(3) THE REFORM BOARD SHALL TAKE A SENSITIVITY TRAINING COURSE." and renumbering the remaining subsections.

The question being on the adoption of the amendment offered by Rep. Basham,

Rep. Basham demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Basham,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 128 Yeas--32

 

 
BairdDennisKellyPrusi
BashamGarzaKilpatrickReeves
BogardusHaleLemmonsRison
BovinHanleyLockwoodSchauer
BraterHansenMansScott
BrewerHardmanMartinezStallworth
ClarkJacobsMinoreThomas
ClarkeJamnickO'NeilVaughn

 

 

Nays--65

 

 
AllenGilbertKukukScranton
BirkholzGodchauxLaSataShackleton
BisbeeGosselinMeadSheltrown
BishopGreenMiddaughShulman
BradstreetHagerMortimerSpade
Brown, B.HartNeumannStamas
Brown, C.HowellPappageorgeSwitalski
BylJansenPattersonTabor
CassisJelinekPerriconeTesanovich
CaulJellemaPestkaToy
DeRossettJohnson, RickPumfordVan Woerkom
DeVuystJohnson, RuthRaczkowskiVander Roest
DeWeeseJulianRichardvilleVear
EhardtKoetjeRichnerVoorhees
FaunceKowallRoccaWojno
GarciaKuipersSanbornWoronchak

Gieleghem

 

 

In The Chair: Perricone

 

 

Rep. Bovin moved to amend the bill as follows:

1. Amend page 14, following line 13, by inserting:

"Enacting section 1. It is the intent of the legislature that at least 1/3 of the money received by this state attributable to the master settlement agreement incorporated into the consent decree and final judgment entered on December 7, 1998 in Kelley ex rel. Michigan v Phillip Morris Incorporated, et al., Ingham County Circuit Court, docket no. 96-84281CZ, shall be appropriated to the state school aid fund to be used for K-12 education.".

The question being on the adoption of the amendment offered by Rep. Bovin,

Rep. Bovin demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Bovin,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 129 Yeas--47

 

 
BairdFrankLockwoodSchauer
BashamGarzaMansSchermesser
BogardusGieleghemMartinezScott
BovinHaleMinoreSheltrown
BraterHanleyNeumannSpade
BrewerHansenO'NeilSwitalski
Brown, B.HardmanPestkaTesanovich
CallahanJacobsPriceThomas
CherryJamnickPrusiVaughn
ClarkKellyQuarlesWojno
ClarkeKilpatrickReevesWoodward
DennisLemmonsRison

 

 

Nays--56

 

 
AllenGarciaKoetjeRichner
BirkholzGilbertKowallRocca
BisbeeGodchauxKuipersSanborn
BishopGosselinKukukScranton
BradstreetGreenLaSataShackleton
Brown, C.HagerMeadShulman
BylHartMiddaughStamas
CassisHowellMortimerTabor
CaulJansenPappageorgeToy
DeRossettJelinekPattersonVan Woerkom
DeVuystJellemaPerriconeVander Roest
DeWeeseJohnson, RickPumfordVear
EhardtJohnson, RuthRaczkowskiVoorhees
FaunceJulianRichardvilleWoronchak

 

 

In The Chair: Perricone

 

 

______

 

 

The Speaker called the Speaker Pro Tempore to the Chair.

 

Reps. Perricone and Kilpatrick moved to substitute (H-8) the bill.

The question being on the adoption of the substitute (H-8) offered by Reps. Perricone and Kilpatrick,

Rep. Kilpatrick demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the substitute (H-8) offered by Reps. Perricone and Kilpatrick,

After debate,

Rep. Frank demanded the previous question.

The demand was supported.

The question being, "Shall the main question now be put?"

The previous question was ordered.

The question being on the adoption of the substitute (H-8) offered by Reps. Perricone and Kilpatrick,

The substitute (H-8) was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 130 Yeas--67

 

 
AllenGeigerKowallSanborn
BirkholzGilbertKuipersScott
BisbeeGodchauxKukukScranton
BishopGosselinLaSataShackleton
BradstreetGreenLemmonsSheltrown
Brown, C.HagerMeadShulman
BylHardmanMiddaughStallworth
CassisHartMortimerStamas
CaulHowellPappageorgeTabor
ClarkeJansenPattersonToy
DanielsJelinekPerriconeVan Woerkom
DeRossettJellemaPumfordVander Roest
DeVuystJohnson, RickRaczkowskiVaughn
DeWeeseJohnson, RuthReevesVear
EhardtJulianRichardvilleVoorhees
FaunceKilpatrickRichnerWoronchak
GarciaKoetjeRocca

 

 

Nays--38

 

 
BairdDennisMansRison
BashamFrankMartinezSchauer
BogardusGarzaMinoreSchermesser
BovinGieleghemNeumannSpade
BraterHaleO'NeilSwitalski
BrewerHanleyPestkaTesanovich
Brown, B.HansenPriceThomas
CallahanJamnickPrusiWojno
CherryKellyQuarlesWoodward

Clark Lockwood

 

 

In The Chair: Birkholz

 

 

______

 

 

Rep. Jamnick, having reserved the right to explain her nay vote, made the following statement:

"Mr. Speaker and members of the House:

My vote against this bill is not an acknowledgement that all is well with the Detroit school district. I firmly believe there are and have heard not one person say otherwise.

Amendment H-8 is not school reform, but one that extremely limits an elected body, replacing it with the Governor who is given a free hand--there is no plan. There is no criteria. There is no liability for any person who will be appointed with this bill.

Underachieving students are not limited to this district. I have heard from presidents of Michigan colleges and universities, as well as a prominent businessman on staff with one of England's prestigious universities who spoke to concerns about needs for incoming freshmen for remedial math and English classes. Lesser achieving students is not just a Detroit school district problem--it is more widespread.

Statements were made in the media and at committee meetings about businesses inability to find adequately educated employees in Detroit--I have heard those same comments by businesses in my county.

Democratic amendments tonight spoke to criteria, family involvement and some innovative ways to make a difference for Detroit's students which for the most part have been rejected by the majority.

For the last 2 1/2 months I have continued to hear the words 'local control' and 'protecting children' while 'strengthening families'. Were those made for all except Detroit?

Change is needed, there is no question. I simply don't feel this bill will meet the needs of the children and their families in Detroit."

 

Rep. Hale moved to amend the bill as follows:

1. Amend page 6, following line 19, by inserting:

"(12) A STATE MONITOR APPOINTED UNDER THIS PART SHALL ENSURE THAT SUFFICIENT TEXTBOOKS AND OTHER SUPPLIES NEEDED BY A SCHOOL OF THE SCHOOL DISTRICT FOR AN ENTIRE SCHOOL YEAR ARE ON HAND AT THE SCHOOL NOT LATER THAN 30 CALENDAR DAYS AFTER THE BEGINNING OF THAT SCHOOL YEAR." and renumbering the remaining subsections.

The question being on the adoption of the amendment offered by Rep. Hale,

Rep. Hale demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Hale,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 131 Yeas--50

 

 
BairdFrankLockwoodSchauer
BashamGarzaMansSchermesser
BogardusGieleghemMinoreScott
BovinHaleNeumannSheltrown
BraterHanleyO'NeilSpade
BrewerHansenPestkaStallworth
Brown, B.HardmanPriceSwitalski
CallahanHowellPrusiTesanovich
CaulJacobsQuarlesThomas
ClarkJamnickReevesVaughn
ClarkeKellyRichardvilleWojno
DanielsKowallRisonWoodward

Dennis Lemmons

 

 

Nays--53

 

 
AllenGeigerKoetjeRocca
BirkholzGilbertKuipersSanborn
BisbeeGodchauxKukukScranton
BishopGosselinLaSataShackleton
BradstreetGreenMeadShulman
Brown, C.HagerMiddaughStamas
BylHartMortimerTabor
CassisJansenPappageorgeToy
DeRossettJelinekPattersonVan Woerkom
DeVuystJellemaPerriconeVander Roest
DeWeeseJohnson, RickPumfordVear
EhardtJohnson, RuthRaczkowskiVoorhees
FaunceJulianRichnerWoronchak

Garcia

 

 

In The Chair: Birkholz

 

 

______

 

 

The Speaker resumed the Chair.

 

Rep. Hale moved to amend the bill as follows:

1. Amend page 7, following line 2, by inserting:

"SEC. 373A. NOT LATER THAN 2 YEARS AFTER APPOINTMENT OF A STATE MONITOR UNDER THIS PART, THE STATE MONITOR SHALL DEVELOP AND FINALIZE PROPOSED PLANS FOR 10 TO 20 NEW SCHOOL BUILDINGS IN THE QUALIFYING SCHOOL DISTRICT, AND SUBMIT THOSE PROPOSED PLANS TO THE SCHOOL DISTRICT ACCOUNTABILITY BOARD CREATED IN SECTION 374 ALONG WITH RECOMMENDATIONS ON EXISTING RESOURCES THAT COULD BE USED AND ADDITIONAL RESOURCES NEEDED FOR CONSTRUCTION OF THE NEW SCHOOL BUILDINGS.".

2. Amend page 7, following line 25, by inserting:

"(D) NOT LATER THAN 6 MONTHS AFTER RECEIVING THE PROPOSED PLANS UNDER SECTION 373A, THE SCHOOL DISTRICT ACCOUNTABILITY BOARD SHALL MAKE RECOMMENDATIONS TO THE GOVERNOR FOR ADDITIONAL RESOURCES NEEDED FOR THE CONSTRUCTION OF THE PROPOSED NEW SCHOOL BUILDINGS.".

The question being on the adoption of the amendments offered by Rep. Hale,

Rep. Hale demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Hale,

The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 132 Yeas--38

 

 
BairdGarzaLemmonsSchauer
BashamGieleghemLockwoodSchermesser
BogardusHaleMinoreScott
BraterHanleyO'NeilStallworth
BrewerHansenPriceSwitalski
CherryHardmanPrusiTesanovich
ClarkJacobsQuarlesThomas
ClarkeJamnickReevesVaughn
DanielsKellyRisonWoodward

Dennis Kilpatrick

 

 

Nays--66

 

 
AllenFrankKowallRocca
BirkholzGarciaKuipersSanborn
BisbeeGeigerKukukScranton
BishopGilbertLaSataShackleton
BovinGodchauxMeadSheltrown
BradstreetGosselinMiddaughShulman
Brown, B.GreenMortimerSpade
Brown, C.HagerNeumannStamas
BylHartPappageorgeTabor
CallahanHowellPattersonToy
CassisJansenPerriconeVan Woerkom
CaulJelinekPestkaVander Roest
DeRossettJellemaPumfordVear
DeVuystJohnson, RickRaczkowskiVoorhees
DeWeeseJohnson, RuthRichardvilleWojno
EhardtJulianRichnerWoronchak

Faunce Koetje

 

 

In The Chair: Perricone

 

 

Rep. Hale moved to amend the bill as follows:

1. Amend page 7, following line 2, by inserting:

"SEC. 373A. A STATE MONITOR APPOINTED UNDER THIS PART SHALL WORK WITH THE APPROPRIATE CITY OFFICIALS OF THE CITY IN WHICH THE QUALIFYING SCHOOL DISTRICT IS LOCATED TO IDENTIFY DANGEROUS OR ABANDONED BUILDINGS LOCATED WITHIN 1,000 FEET OF THE GROUNDS OF A SCHOOL BUILDING WITHIN THE SCHOOL DISTRICT. THE STATE MONITOR SHALL TAKE ALL MEASURES WITHIN ITS POWER TO ARRANGE FOR THE DEMOLITION OF THOSE DANGEROUS OR ABANDONED BUILDINGS AND SHALL WORK WITH LOCAL LAW ENFORCEMENT OFFICIALS TO ESTABLISH SAFETY ROUTES FOR PUPILS TO AND FROM SCHOOL.".

The question being on the adoption of the amendment offered by Rep. Hale,

Rep. Hale demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Hale,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 133 Yeas--51

 

 
BairdFrankLockwoodSchauer
BashamGarzaMartinezSchermesser
BogardusGieleghemMinoreScott
BovinHaleNeumannSheltrown
BraterHanleyO'NeilSpade
Brown, B.HansenPestkaStallworth
CallahanHardmanPriceSwitalski
CherryJacobsPrusiTesanovich
ClarkJamnickQuarlesThomas
ClarkeKellyReevesVaughn
DanielsKilpatrickRichardvilleWojno
DennisKowallRisonWoodward
DeWeeseLemmonsRocca

 

 

Nays--52

 

 
AllenGeigerJulianRichner
BirkholzGilbertKoetjeSanborn
BisbeeGodchauxKuipersScranton
BishopGosselinKukukShackleton
BradstreetGreenLaSataShulman
Brown, C.HagerMeadStamas
BylHartMiddaughTabor
CassisHowellMortimerToy
CaulJansenPappageorgeVan Woerkom
DeRossettJelinekPattersonVander Roest
DeVuystJellemaPerriconeVear
FaunceJohnson, RickPumfordVoorhees
GarciaJohnson, RuthRaczkowskiWoronchak

 

 

In The Chair: Perricone

 

 

Rep. Hale moved to amend the bill as follows:

1. Amend page 7, following line 2, by inserting:

"SEC. 373A. A STATE MONITOR APPOINTED UNDER THIS PART SHALL ESTABLISH SOCIAL WORKER TEAMS THROUGHOUT THE QUALIFYING SCHOOL DISTRICT. THESE SOCIAL WORKER TEAMS SHALL ASSESS THE FAMILY AND SOCIAL NEEDS OF PUPILS AND SHALL PROVIDE SUPPORT SERVICES TO PUPILS AND THEIR FAMILIES.".

The question being on the adoption of the amendment offered by Rep. Hale,

Rep. Hale demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Hale,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 134 Yeas--29

 

 
BairdGarzaKilpatrickRison
BogardusHaleMartinezSchauer
BovinHanleyMinoreScott
BraterHansenPriceStallworth
BrewerHardmanPrusiTesanovich
ClarkJacobsQuarlesThomas
ClarkeJamnickReevesVaughn

Dennis

Nays--67

 

 
AllenFrankKowallSchermesser
BashamGarciaKuipersScranton
BirkholzGieleghemKukukShackleton
BisbeeGilbertLaSataSheltrown
BishopGodchauxLockwoodShulman
BradstreetGosselinMeadSpade
Brown, B.GreenMiddaughStamas
Brown, C.HagerMortimerSwitalski
BylHartPappageorgeTabor
CallahanHowellPattersonToy
CassisJansenPerriconeVan Woerkom
CaulJelinekPumfordVander Roest
DeRossettJellemaRaczkowskiVear
DeVuystJohnson, RickRichardvilleVoorhees
DeWeeseJohnson, RuthRichnerWojno
EhardtJulianRoccaWoronchak
FaunceKoetjeSanborn

 

 

In The Chair: Perricone

 

 

Rep. Hale moved to amend the bill as follows:

1. Amend page 7, following line 2, by inserting:

"SEC. 373A. A STATE MONITOR APPOINTED UNDER THIS PART SHALL ESTABLISH PARENT/TEACHER ADVOCATES WITHIN EACH VOTING DISTRICT OF THE QUALIFYING SCHOOL DISTRICT. A PARENT/TEACHER ADVOCATE SHALL WORK WITH PARENTS TO HELP BUILD CONSTRUCTIVE RELATIONSHIPS BETWEEN PARENTS AND TEACHERS AND TO FACILITATE GREATER PARENT INVOLVEMENT IN THE SCHOOLS GENERALLY.".

The question being on the adoption of the amendment offered by Rep. Hale,

Rep. Hale demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Hale,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 135 Yeas--46

 

 
BairdDeWeeseMartinezSchermesser
BashamGarzaMinoreScott
BogardusGieleghemNeumannSheltrown
BovinHaleO'NeilSpade
BraterHanleyPestkaStallworth
BrewerHansenPriceSwitalski
Brown, B.HardmanPrusiTesanovich
CallahanJacobsQuarlesThomas
CherryJamnickReevesVaughn
ClarkKilpatrickRisonWojno
ClarkeLemmonsSchauerWoodward

Dennis Lockwood

 

 

Nays--56

 

 
AllenGeigerKoetjeRichner
BirkholzGilbertKowallRocca
BisbeeGodchauxKuipersSanborn
BishopGosselinKukukScranton
BradstreetGreenLaSataShackleton
Brown, C.HagerMeadShulman
BylHartMiddaughStamas
CassisHowellMortimerTabor
CaulJansenPappageorgeToy
DeRossettJelinekPattersonVan Woerkom
DeVuystJellemaPerriconeVander Roest
EhardtJohnson, RickPumfordVear
FaunceJohnson, RuthRaczkowskiVoorhees
GarciaJulianRichardvilleWoronchak

 

 

In The Chair: Perricone

 

 

Rep. Hale moved to amend the bill as follows:

1. Amend page 8, following line 11, by inserting:

"SEC. 375. THE LEGISLATURE SHALL APPROPRIATE TO A QUALIFYING SCHOOL DISTRICT SUFFICIENT FUNDS TO ALLOW THE QUALIFYING SCHOOL DISTRICT TO HIRE 1,000 NEW TEACHERS FOR THE 1999-2000 SCHOOL YEAR AND TO RETAIN THESE TEACHERS THEREAFTER. A REFORM SCHOOL BOARD SHALL USE THESE FUNDS TO HIRE 1,000 NEW TEACHERS FOR THE 1999-2000 SCHOOL YEAR AND TO RETAIN THOSE TEACHERS, AND SHALL ALLOCATE THESE NEW TEACHERS TO THE SCHOOLS THAT MOST NEED ADDITIONAL TEACHERS.".

The question being on the adoption of the amendment offered by Rep. Hale,

Rep. Hale demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Hale,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 136 Yeas--31

 

 
BairdDanielsKellyRison
BogardusDennisKilpatrickSchauer
BraterGarzaLemmonsScott
BrewerHaleMartinezStallworth
CallahanHansenMinoreThomas
CherryHardmanPrusiVaughn
ClarkJacobsQuarlesWoodward
ClarkeJamnickReeves

 

 

Nays--73

 

 
AllenGeigerKukukSanborn
BashamGieleghemLaSataSchermesser
BirkholzGilbertLockwoodScranton
BisbeeGodchauxMeadShackleton
BishopGosselinMiddaughSheltrown
BovinGreenMortimerShulman
BradstreetHagerNeumannSpade
Brown, B.HartO'NeilStamas
Brown, C.HowellPappageorgeSwitalski
BylJansenPattersonTabor
CassisJelinekPerriconeTesanovich
CaulJellemaPestkaToy
DeRossettJohnson, RickPriceVan Woerkom
DeVuystJohnson, RuthPumfordVander Roest
DeWeeseJulianRaczkowskiVear
EhardtKoetjeRichardvilleVoorhees
FaunceKowallRichnerWojno
FrankKuipersRoccaWoronchak

Garcia

 

 

In The Chair: Perricone

 

 

Rep. Brewer moved to amend the bill as follows:

1. Amend page 6, following line 19, by inserting:

"(12) A STATE MONITOR APPOINTED UNDER THIS PART SHALL ENSURE THAT THE PUPIL TO TEACHER RATIO IN GRADES K TO 3 IN THE QUALIFYING SCHOOL DISTRICT IS NOT MORE THAN 17 TO 1. THE LEGISLATURE SHALL APPROPRIATE THE FUNDS NECESSARY TO ACHIEVE THIS RATIO." and renumbering the remaining subsections.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

 

 

______

 

 

Rep. Prusi moved that Rep. Schermesser be excused temporarily from today's session.

The motion prevailed.

 

Rep. Callahan moved to amend the bill as follows:

1. Amend page 10, following line 13, by inserting:

"Sec. 1278. (1) In addition to the requirements for accreditation under section 1280 specified in that section, if the board of a school district wants all of the schools of the school district to be accredited under section 1280, the board shall provide to all pupils attending public school in the district a core academic curriculum in compliance with subsection (3) in each of the curricular areas specified in the state board recommended model core academic curriculum content standards developed under subsection (2). The state board model core academic curriculum content standards shall encompass academic and cognitive instruction only. For purposes of this section, the state board model core academic curriculum content standards shall not include attitudes, beliefs, or value systems that are not essential in the legal, economic, and social structure of our society and to the personal and social responsibility of citizens of our society.

(2) Recommended model core CORE academic curriculum content standards shall be developed and periodically updated by the state board, shall be in the form of knowledge and skill content standards that are recommended as state standards for adoption by public schools in local curriculum formulation and adoption, and shall be distributed to each school district in the state. The recommended model core academic curriculum content standards shall set forth desired learning objectives in math, science, reading, history, geography, economics, American government, and writing for all children at each stage of schooling and be based upon the "Michigan K-12 program standards of quality" to ensure that high academic standards, academic skills, and academic subject matters are built into the instructional goals of all school districts for all children. The state board also shall ensure that the Michigan educational assessment program and the high school proficiency exam are based on the state recommended model core ACADEMIC curriculum content standards, are testing only for proficiency in basic academic skills and academic subject matter, and are not used to measure pupils' values or attitudes.

(3) The board of each school district, considering academic curricular objectives defined and recommended pursuant to ESTABLISHED UNDER subsection (2), shall do both of the following:

(a) Establish a core academic curriculum for its pupils at the elementary, middle, and secondary school levels. The core academic curriculum shall AT LEAST MEET THE STATE BOARD CORE CURRICULUM CONTENT STANDARDS DEVELOPED UNDER SUBSECTION (2), SHALL define academic objectives to be achieved by all pupils, and shall be based upon the school district's educational mission, long-range pupil goals, and pupil performance objectives. The core academic curriculum may vary from the model core academic curriculum content standards recommended by the state board pursuant to subsection (2).

(b) After consulting with teachers and school building administrators, determine the aligned instructional program for delivering the core academic curriculum and identify the courses and programs in which the core academic curriculum will be taught.

(4) The board may supplement the core academic curriculum by providing instruction through additional classes and programs.

(5) For all pupils, the subjects or courses, and the delivery of those including special assistance, that constitute the curriculum the pupils engage in shall assure the pupils have a realistic opportunity to learn all subjects and courses required by the district's core academic curriculum in order to give all pupils a reasonable opportunity to attain a state-endorsed diploma. A subject or course required by the core academic curriculum pursuant to subsection (3) shall be provided to all pupils in the school district by a school district, a consortium of school districts, or a consortium of 1 or more school districts and 1 or more intermediate school districts.

(6) To the extent practicable, the state board may adopt or develop academic objective-oriented high standards for knowledge and life skills, and a recommended core academic curriculum, for special education pupils for whom it may not be realistic or desirable to expect achievement of novice level or initial mastery of the state board recommended model core academic content standards objectives or of a high school diploma.

(7) The state board shall make available to all nonpublic schools in this state, as a resource for their consideration, the model core academic curriculum content standards developed for public schools pursuant to subsection (2) for the purpose of assisting the governing body of a nonpublic school in developing its core academic curriculum.

(8) Excluding special education pupils, pupils having a learning disability, and pupils with extenuating circumstances as determined by school officials, a pupil who does not score satisfactorily on the 4th or 7th grade Michigan educational assessment program reading test shall be provided special assistance reasonably expected to enable the pupil to bring his or her reading skills to grade level within 12 months.

(9) Any course that would have been considered a nonessential elective course under Snyder v Charlotte School Dist, 421 Mich 517 (1984), on April 13, 1990 shall continue to be offered to resident pupils of nonpublic schools on a shared time basis.".

The question being on the adoption of the amendment offered by Rep. Callahan,

Rep. Callahan demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Callahan,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 137 Yeas--47

 

 
BairdDennisLockwoodSchauer
BashamFrankMansScott
BogardusGarzaMartinezSheltrown
BovinGieleghemMinoreSpade
BraterHaleNeumannStallworth
BrewerHanleyO'NeilSwitalski
Brown, B.HansenPestkaTesanovich
CallahanHardmanPriceThomas
CherryJacobsPrusiVaughn
ClarkJamnickQuarlesWojno
ClarkeKilpatrickRisonWoodward
DanielsLemmonsRocca

 

 

Nays--55

 

 
AllenGarciaKoetjeRichner
BirkholzGeigerKowallSanborn
BisbeeGilbertKuipersScranton
BishopGodchauxKukukShackleton
BradstreetGosselinLaSataShulman
Brown, C.HagerMeadStamas
BylHartMiddaughTabor
CassisHowellMortimerToy
CaulJansenPappageorgeVan Woerkom
DeRossettJelinekPattersonVander Roest
DeVuystJellemaPerriconeVear
DeWeeseJohnson, RickPumfordVoorhees
EhardtJohnson, RuthRaczkowskiWoronchak
FaunceJulianRichardville

 

 

In The Chair: Perricone

 

 

Rep. Allen moved to amend the bill as follows:

1. Amend page 2, line 27, after "ELECTIONS" by striking out "AND" and inserting a comma and "AND HAS".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

 

Rep. Frank moved to amend the bill as follows:

1. Amend page 8, following line 11, by inserting:

"SEC. 375. IN ORDER TO REDUCE CLASS SIZE IN GRADES K TO 3 STATEWIDE TO A RATIO OF NOT MORE THAN 17 PUPILS FOR EACH TEACHER, THE LEGISLATURE SHALL APPROPRIATE TO THE SCHOOL DISTRICTS OF THIS STATE AN AMOUNT SUFFICIENT TO HIRE 5,000 NEW TEACHERS STATEWIDE FOR THE 1999-2000 SCHOOL YEAR AND TO RETAIN THOSE TEACHERS THEREAFTER.".

The question being on the adoption of the amendment offered by Rep. Frank,

Rep. Frank demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Frank,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 138 Yeas--45

 

 
BairdDennisLemmonsSchauer
BashamFrankLockwoodScott
BogardusGarzaMansSheltrown
BovinGieleghemMartinezSpade
BraterHaleMinoreStallworth
BrewerHanleyNeumannSwitalski
Brown, B.HansenPestkaTesanovich
CallahanHardmanPriceThomas
CherryJacobsPrusiVaughn
ClarkJamnickQuarlesWojno
ClarkeKilpatrickReevesWoodward

Daniels

 

 

Nays--57

 

 
AllenGeigerKoetjeRichner
BirkholzGilbertKowallRocca
BisbeeGodchauxKuipersSanborn
BishopGosselinKukukScranton
BradstreetGreenLaSataShackleton
Brown, C.HagerMeadShulman
BylHartMiddaughStamas
CassisHowellMortimerTabor
CaulJansenPappageorgeToy
DeRossettJelinekPattersonVan Woerkom
DeVuystJellemaPerriconeVander Roest
DeWeeseJohnson, RickPumfordVear
EhardtJohnson, RuthRaczkowskiVoorhees
FaunceJulianRichardvilleWoronchak

Garcia

 

 

In The Chair: Perricone

 

 

Rep. Lemmons moved to amend the bill as follows:

1. Amend page 1, line 7, after "THE" by striking out "GOVERNOR" and inserting "STATE BOARD".

2. Amend page 2, line 1, after the first "THE" by striking out "GOVERNOR" and inserting "STATE BOARD".

3. Amend page 2, line 11, after the second "THE" by striking out "GOVERNOR" and inserting "STATE BOARD".

4. Amend page 2, line 12, after the first "THE" by striking out "GOVERNOR" and inserting "STATE BOARD".

5. Amend page 2, line 12, after the second "THE" by striking out "GOVERNOR" and inserting "STATE BOARD".

6. Amend page 5, line 22, after the first "THE" by striking out "GOVERNOR" and inserting "STATE BOARD".

7. Amend page 6, line 25, after the first "THE" by striking out "GOVERNOR" and inserting "STATE BOARD".

The question being on the adoption of the amendments offered by Rep. Lemmons,

Rep. Lemmons demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Lemmons,

The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 139 Yeas--43

 

 
BairdFrankLockwoodScott
BashamGarzaMansSheltrown
BogardusGieleghemMartinezSpade
BraterHaleMinoreStallworth
Brown, B.HanleyNeumannSwitalski
CallahanHansenPestkaTesanovich
CherryHardmanPriceThomas
ClarkJacobsPrusiVaughn
ClarkeJamnickQuarlesWojno
DanielsKilpatrickReevesWoodward
DennisLemmonsSchauer

 

 

Nays--57

 

 
AllenGeigerKoetjeRichner
BirkholzGilbertKowallRocca
BisbeeGodchauxKuipersSanborn
BishopGosselinKukukScranton
BovinGreenLaSataShackleton
BradstreetHagerMeadShulman
Brown, C.HartMiddaughStamas
BylHowellMortimerTabor
CassisJansenPappageorgeToy
CaulJelinekPattersonVan Woerkom
DeVuystJellemaPerriconeVander Roest
DeWeeseJohnson, RickPumfordVear
EhardtJohnson, RuthRaczkowskiVoorhees
FaunceJulianRichardvilleWoronchak

Garcia

 

 

In The Chair: Perricone

 

 

Rep. Lemmons moved to amend the bill as follows:

1. Amend page 1, line 3, by striking out all of section 371 and inserting:

"SEC. 371. AS USED IN THIS PART:

(A) "CHIEF LOCAL ELECTED OFFICIAL OF A QUALIFYING SCHOOL DISTRICT" MEANS THE CHIEF ELECTED OFFICIAL OF THE CITY, TOWNSHIP, OR VILLAGE IN WHICH A MAJORITY OF THE PUPILS OF A QUALIFYING SCHOOL DISTRICT RESIDE.

(B) "QUALIFYING SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT LOCATED IN THIS STATE.".

2. Amend page 1, line 7, after "THE" by striking out "GOVERNOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF A QUALIFYING SCHOOL DISTRICT".

3. Amend page 2, line 1, after the first "THE" by striking out "GOVERNOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF A QUALIFYING SCHOOL DISTRICT".

4. Amend page 2, line 11, after the second "THE" by striking out "GOVERNOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF THE QUALIFYING SCHOOL DISTRICT".

5. Amend page 2, line 12, after the first "THE" by striking out "GOVERNOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF A QUALIFYING SCHOOL DISTRICT".

6. Amend page 2, line 12, after the second "THE" by striking out "GOVERNOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF THE QUALIFYING SCHOOL DISTRICT".

7. Amend page 5, line 22, after the first "THE" by striking out "GOVERNOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF A QUALIFYING SCHOOL DISTRICT".

8. Amend page 6, line 25, after the first "THE" by striking out "GOVERNOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF A QUALIFYING SCHOOL DISTRICT".

9. Amend page 10, following line 13, by inserting:

"SEC. 1209. ALL POWERS AND DUTIES OF A SCHOOL BOARD AND OF ITS OFFICERS ARE SUBJECT TO PART 5A.

Sec. 1229. (1) The board of a school district, other than a school district that was organized as a primary school district during the 1995-1996 school year, or intermediate school district shall employ a superintendent of schools, who shall meet the requirements of section 1246. The superintendent shall not be a member of the board. Employment of a superintendent shall be by written contract. The term of the superintendent's contract shall be fixed by the board, not to exceed 5 years. If written notice of nonrenewal of the contract of a superintendent is not given at least 90 days before the termination of the contract, the contract is renewed for an additional 1-year period.

(2) The board of a school district or intermediate school district may employ assistant superintendents, principals, assistant principals, guidance directors, and other administrators who do not assume tenure in that position under Act No. 4 of the Public Acts of the Extra Session of 1937, being sections 38.71 to 38.191 of the Michigan Compiled Laws 1937 (EX SESS) PA 4, MCL 38.71 TO 38.191. The employment shall be by written contract. The term of the employment contract shall be fixed by the board, not to exceed 3 years. The board shall prescribe the duties of a person described in this subsection. If written notice of nonrenewal of the contract of a person described in this subsection is not given at least 60 days before the termination date of the contract, the contract is renewed for an additional 1-year period.

(3) A notification of nonrenewal of contract of a person described in subsection (2) may be given only for a reason that is not arbitrary or capricious. The board shall not issue a notice of nonrenewal under this section unless the affected person has been provided with not less than 30 days' advance notice that the board is considering the nonrenewal together with a written statement of the reasons the board is considering the nonrenewal. After the issuance of the written statement, but before the nonrenewal statement is issued, the affected person shall be given the opportunity to meet with not less than a majority of the board to discuss the reasons stated in the written statement. The meeting shall be open to the public or a closed session, as the affected person elects under section 8 of the open meetings act, Act No. 267 of the Public Acts of 1976, being section 15.268 of the Michigan Compiled Laws 1976 PA 267, MCL 15.268. If the board fails to provide for a meeting with the board, or if a court finds that the reason for nonrenewal is arbitrary or capricious, the affected person's contract is renewed for an additional 1-year period. This subsection does not apply to the nonrenewal of the contract of a superintendent of schools described in subsection (1).

(4) THE EMPLOYMENT AND THE EMPLOYMENT CONTRACTS OF ALL SCHOOL DISTRICT ADMINISTRATORS ARE SUBJECT TO PART 5A.".

The question being on the adoption of the amendments offered by Rep. Lemmons,

Rep. Lemmons demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Lemmons,

The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 140 Yeas--8

 

 
ClarkHardmanLemmonsThomas
GarzaKilpatrickStallworthVaughn

 

 

Nays--85

 

 
AllenFrankJulianRichardville
BashamGarciaKoetjeRichner
BirkholzGeigerKowallRocca
BisbeeGieleghemKuipersSanborn
BishopGilbertKukukSchauer
BogardusGodchauxLaSataScranton
BovinGosselinLockwoodShackleton
BradstreetGreenMeadSheltrown
Brown, B.HagerMiddaughShulman
Brown, C.HaleMortimerSpade
BylHanleyNeumannStamas
CallahanHansenO'NeilSwitalski
CassisHartPappageorgeTabor
CaulHowellPattersonToy
CherryJacobsPerriconeVan Woerkom
ClarkeJamnickPestkaVander Roest
DennisJansenPriceVear
DeRossettJelinekPrusiVoorhees
DeVuystJellemaPumfordWojno
DeWeeseJohnson, RickRaczkowskiWoodward
EhardtJohnson, RuthReevesWoronchak

Faunce

 

 

In The Chair: Perricone

 

 

Rep. Kelly moved to amend the bill as follows:

1. Amend page 8, following line 11, by inserting:

"SEC. 377. BEGINNING WITH THE 1998-99 STATE FISCAL YEAR, THE LEGISLATURE SHALL APPROPRIATE ADDITIONAL FUNDS FOR EACH SCHOOL DISTRICT IN WHICH THE NUMBER OF MILLS LEVIED FOR SCHOOL OPERATING PURPOSES IN 1993 WAS AT LEAST 9 MILLS LESS THAN THE NUMBER OF MILLS LEVIED FOR SCHOOL OPERATING PURPOSES IN 1992. IT IS THE INTENT OF THE LEGISLATURE THAT THE AMOUNT OF THE APPROPRIATION FOR THIS PURPOSE SHALL BE AT LEAST $4,000,000.00 FOR 1998-99, $3,600,000.00 FOR 1999-2000, $3,200,000.00 FOR 2000-2001, $2,800,000.00 FOR 2001-2002, $2,400,000.00 FOR 2002-2003, $2,000,000.00 FOR 2003-2004, $1,600,000.00 FOR 2004-2005, AND $1,200,000.00 FOR 2005-2006 AND EACH SUCCEEDING STATE FISCAL YEAR.".

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Bogardus moved to amend the bill as follows:

1. Amend page 1, line 7, after "THE" by striking out "GOVERNOR" and inserting "MAYOR OF THE CITY IN WHICH THE QUALIFYING SCHOOL DISTRICT IS LOCATED".

2. Amend page 2, line 1, after the first "THE" by striking out "GOVERNOR" and inserting "MAYOR".

3. Amend page 2, line 11, after the second "THE" by striking out "GOVERNOR" and inserting "MAYOR".

4. Amend page 2, line 12, after the first "THE" by striking out "GOVERNOR, THE GOVERNOR" and inserting "MAYOR, THE MAYOR".

5. Amend page 5, line 22, after "GOVERNOR," by inserting "THE MAYOR,".

6. Amend page 6, line 13, after "GOVERNOR," by inserting "THE MAYOR,".

7. Amend page 7, line 22, after "THE" by striking out "GOVERNOR" and inserting "MAYOR".

The question being on the adoption of the amendments offered by Rep. Bogardus,

Rep. Bogardus demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Bogardus,

The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 141 Yeas--44

 

 
BairdDennisLockwoodRison
BashamFrankMansSchauer
BogardusGarzaMartinezScott
BovinGieleghemMinoreSheltrown
BraterHaleNeumannSpade
Brown, B.HanleyO'NeilStallworth
CallahanHansenPestkaSwitalski
CherryHardmanPriceThomas
ClarkJacobsPrusiVaughn
ClarkeJamnickQuarlesWojno
DanielsKilpatrickReevesWoodward

 

 

Nays--56

 

 
AllenGarciaJulianRichardville
BirkholzGeigerKoetjeRocca
BisbeeGilbertKowallSanborn
BishopGodchauxKuipersScranton
BradstreetGosselinKukukShackleton
Brown, C.GreenLaSataShulman
BylHagerLemmonsStamas
CassisHartMeadTabor
CaulHowellMiddaughToy
DeRossettJansenMortimerVan Woerkom
DeVuystJelinekPappageorgeVander Roest
DeWeeseJellemaPattersonVear
EhardtJohnson, RickPerriconeVoorhees
FaunceJohnson, RuthRaczkowskiWoronchak

 

 

In The Chair: Perricone

 

 

Rep. Reeves moved to amend the bill as follows:

1. Amend page 4, line 8, after "1999." by striking out the balance of the line through "OFFICER." on line 10 and inserting "1 OF THE NOMINEES WILL BE THE GENERAL SUPERINTENDENT OF PUBLIC INSTRUCTION FROM THE QUALIFYING DISTRICT.".

The question being on the adoption of the amendment offered by Rep. Reeves,

Rep. Reeves demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Reeves,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 142 Yeas--39

 

 
BashamGarzaLockwoodScott
BogardusGieleghemMartinezSheltrown
BovinHaleMinoreSpade
BraterHanleyNeumannStallworth
Brown, B.HansenPriceSwitalski
CherryHardmanPrusiTesanovich
ClarkJacobsQuarlesThomas
ClarkeJamnickReevesVaughn
DanielsKilpatrickRisonWoodward
DennisLemmonsSchauer

 

 

Nays--59

 

 
AllenGarciaKoetjeRichner
BirkholzGeigerKowallRocca
BisbeeGilbertKuipersSanborn
BishopGodchauxKukukScranton
BradstreetGosselinLaSataShackleton
Brown, C.GreenMeadShulman
BylHagerMiddaughStamas
CallahanHartMortimerTabor
CassisHowellPappageorgeToy
CaulJansenPattersonVan Woerkom
DeRossettJelinekPerriconeVander Roest
DeVuystJellemaPestkaVoorhees
DeWeeseJohnson, RickPumfordWojno
EhardtJohnson, RuthRaczkowskiWoronchak
FaunceJulianRichardville

 

 

In The Chair: Perricone

 

 

Rep. Reeves moved to amend the bill as follows:

1. Amend page 3, line 8, after "SHALL" by striking out "NOTIFY AND CONSULT WITH" and inserting "GAIN THE APPROVAL OF".

The question being on the adoption of the amendment offered by Rep. Reeves,

Rep. Reeves demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Reeves,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 143 Yeas--41

 

 
BashamFrankLemmonsSchauer
BogardusGarzaLockwoodScott
BovinGieleghemMinoreSheltrown
Brown, B.HaleNeumannSpade
CallahanHanleyPestkaSwitalski
CherryHansenPriceTesanovich
ClarkHardmanPrusiThomas
ClarkeJacobsQuarlesVaughn
DanielsJamnickReevesWojno
DennisKilpatrickRisonWoodward

DeWeese

 

 

Nays--57

 

 
AllenGilbertKowallRocca
BirkholzGodchauxKuipersSanborn
BisbeeGosselinKukukScranton
BishopGreenLaSataShackleton
BradstreetHagerMeadShulman
Brown, C.HartMiddaughStallworth
BylHowellMortimerStamas
CassisJansenPappageorgeTabor
CaulJelinekPattersonToy
DeRossettJellemaPerriconeVan Woerkom
DeVuystJohnson, RickPumfordVander Roest
EhardtJohnson, RuthRaczkowskiVear
FaunceJulianRichardvilleVoorhees
GarciaKoetjeRichnerWoronchak

Geiger

 

 

In The Chair: Perricone

 

 

Rep. Daniels moved to amend the bill as follows:

1. Amend page 3, line 8, after "SHALL" by striking out the balance of the subdivision and inserting "SUBMIT THE CONTRACT TO THE SCHOOL BOARD OF THE QUALIFYING SCHOOL DISTRICT FOR ITS APPROVAL. IF THE SCHOOL BOARD DOES NOT APPROVE THE CONTRACT WITHIN 14 DAYS AFTER SUBMISSION, THE STATE MONITOR MAY ENTER INTO THE CONTRACT WITHOUT THE APPROVAL OF THE SCHOOL BOARD.".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

 

Rep. Lemmons moved to amend the bill as follows:

1. Amend page 1, line 6, after "DISTRICT" by inserting "AND THAT HAS ELECTED TO BECOME A QUALIFYING SCHOOL DISTRICT PURSUANT TO SECTION 377".

2. Amend page 1, line 7, after "THAN" by striking out "APRIL 19, 1999" and inserting "10 DAYS AFTER THE QUESTION SUBMITTED UNDER SECTION 377 IS APPROVED BY THE SCHOOL ELECTORS AND THOSE ELECTION RESULTS ARE CERTIFIED".

3. Amend page 2, line 16, after "BEGINNING" by striking out the balance of the line through "PART" on line 17 and inserting "10 DAYS AFTER THE QUESTION SUBMITTED UNDER SECTION 377 IS APPROVED BY THE SCHOOL ELECTORS AND THOSE ELECTION RESULTS ARE CERTIFIED".

4. Amend page 2, line 22, after "(2)" by striking out the balance of the line through "PART" on line 23 and inserting "BEGINNING 10 DAYS AFTER THE QUESTION SUBMITTED UNDER SECTION 377 IS APPROVED BY THE SCHOOL ELECTORS AND THOSE ELECTION RESULTS ARE CERTIFIED".

5. Amend page 10, following line 13, by inserting:

"SEC. 377. (1) A FIRST CLASS SCHOOL DISTRICT IS NOT A QUALIFYING SCHOOL DISTRICT UNDER THIS PART, AND THIS PART DOES NOT APPLY TO THE FIRST CLASS SCHOOL DISTRICT, UNLESS THE QUESTION OF BECOMING A QUALIFYING SCHOOL DISTRICT IS APPROVED BY A MAJORITY OF THE SCHOOL ELECTORS OF THAT FIRST CLASS SCHOOL DISTRICT VOTING ON THE QUESTION. THE SCHOOL BOARD OF A FIRST CLASS SCHOOL DISTRICT SHALL SUBMIT THE QUESTION OF BECOMING A QUALIFYING SCHOOL DISTRICT TO THE SCHOOL ELECTORS OF THE FIRST CLASS SCHOOL DISTRICT AT A SPECIAL ELECTION TO BE HELD NOT LESS THAN 60 AND NOT MORE THAN 90 DAYS AFTER THE EFFECTIVE DATE OF THIS PART. THE QUESTION SHALL BE SUBMITTED IN SUBSTANTIALLY THE FOLLOWING FORM:

"SHALL ____________________ (INSERT NAME OF FIRST CLASS SCHOOL DISTRICT) BECOME A QUALIFYING SCHOOL DISTRICT UNDER PART 5A OF THE REVISED SCHOOL CODE, WHICH WOULD PROVIDE FOR A STATE MONITOR IN PLACE OF THE ELECTED SCHOOL BOARD?

YES ( )

NO ( )".

(2) IF A MAJORITY OF THE SCHOOL ELECTORS OF A FIRST CLASS SCHOOL DISTRICT VOTING ON THE QUESTION UNDER SUBSECTION (1) VOTE IN FAVOR OF THE QUESTION, THE FIRST CLASS SCHOOL DISTRICT IS A QUALIFYING SCHOOL DISTRICT, AND THIS PART IS APPLICABLE TO THE FIRST CLASS SCHOOL DISTRICT, UPON CERTIFICATION OF THE ELECTION RESULTS.

(3) THIS STATE SHALL REIMBURSE A FIRST CLASS SCHOOL DISTRICT FOR THE COSTS OF THE SPECIAL ELECTION REQUIRED UNDER THIS SECTION.".

The question being on the adoption of the amendments offered by Rep. Lemmons,

Rep. Lemmons demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Lemmons,

The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 144 Yeas--45

 

 
BairdDennisLockwoodRison
BashamFrankMansSchauer
BogardusGarzaMartinezScott
BovinGieleghemMinoreSheltrown
BraterHaleNeumannSpade
BrewerHanleyO'NeilStallworth
Brown, B.HansenPestkaSwitalski
CallahanHardmanPriceTesanovich
CherryJacobsPrusiVaughn
ClarkKilpatrickQuarlesWojno
ClarkeLemmonsReevesWoodward

Daniels

 

 

Nays--57

 

 
AllenGeigerKoetjeRichner
BirkholzGilbertKowallRocca
BisbeeGodchauxKuipersSanborn
BishopGosselinKukukScranton
BradstreetGreenLaSataShackleton
Brown, C.HagerMeadShulman
BylHartMiddaughStamas
CassisHowellMortimerTabor
CaulJansenPappageorgeToy
DeRossettJelinekPattersonVan Woerkom
DeVuystJellemaPerriconeVander Roest
DeWeeseJohnson, RickPumfordVear
EhardtJohnson, RuthRaczkowskiVoorhees
FaunceJulianRichardvilleWoronchak

Garcia

 

 

In The Chair: Perricone

Rep. Raczkowski moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Raczkowski moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

 

By unanimous consent the House returned to the order of

Third Reading of Bills

 

 

Senate Bill No. 297, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 402 and 471a (MCL 380.402 and 380.471a), section 471a as amended by 1982 PA 71, and by adding part 5A and section 449.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 145 Yeas--64

 

 
AllenGeigerKoetjeRocca
BirkholzGilbertKowallSanborn
BisbeeGodchauxKuipersScranton
BishopGosselinKukukShackleton
BradstreetGreenLaSataSheltrown
Brown, C.HagerMeadShulman
BylHardmanMiddaughStallworth
CassisHartMortimerStamas
CaulHowellPappageorgeTabor
DanielsJansenPattersonToy
DeRossettJelinekPerriconeVan Woerkom
DeVuystJellemaPumfordVander Roest
DeWeeseJohnson, RickRaczkowskiVaughn
EhardtJohnson, RuthReevesVear
FaunceJulianRichardvilleVoorhees
GarciaKilpatrickRichnerWoronchak

 

 

Nays--40

 

 
BairdClarkeLemmonsQuarles
BashamDennisLockwoodRison
BogardusFrankMansSchauer
BovinGarzaMartinezScott
BraterGieleghemMinoreSpade
BrewerHaleNeumannSwitalski
Brown, B.HanleyO'NeilTesanovich
CallahanHansenPestkaThomas
CherryJacobsPriceWojno
ClarkJamnickPrusiWoodward

 

 

In The Chair: Perricone

 

 

Pursuant to Joint Rule 20, the full title of the act shall read as follows:

"An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, and intermediate school districts; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, and intermediate school districts; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,".

The House agreed to the full title.

 

 

______

 

 

Rep. Jamnick, having reserved the right to explain her protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

My vote against this bill is not an acknowledgement that all is well with the Detroit school district. I firmly believe there are and have heard not one person say otherwise.

This bill is not school reform, but one that extremely limits an elected body, replacing it with the Governor who is given a free hand--there is no plan. There is no criteria. There is no liability for any person who will be associated with implementation of this bill.

Underachieving students are not limited to this district. I have heard from presidents of Michigan colleges and universities, as well as a prominent businessman on staff with one of England's prestigious universities who all spoke to concerns about needs for incoming freshmen for remedial math and English classes. Lesser achieving students is not just a Detroit school district problem--it is more widespread.

Statements were made in the media and at committee meetings about businesses inability to find adequately educated employees in Detroit--I have heard those same comments by businesses in my county.

Democratic amendments tonight spoke to criteria, family involvement and some innovative ways to make a difference for Detroit's students which for the most part have been rejected by the majority.

For the last 2 1/2 months I have continued to hear the words 'local control' and 'protecting children' while 'strengthening families'. Were those made for all except Detroit?

Change is needed, there is absolutely no question. I simply don't feel this bill will meet the needs of the children and their families in Detroit."

 

Rep. Callahan, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

Senate Bill 297 does the wrong thing for the right reason. The ongoing problems with K-12 education in Michigan are of great concern to all members of the Legislature. Unfortunately this bill attempts to fix the problems in the Detroit School District by stripping away the power of a duly-elected government body and invalidating the vote of the people; removes accountability by putting an administrative appointee in charge of the school district; does not include any true education reforms; and gives the Governor's appointee the power to spend without oversight. This bill is opposed by the Michigan Association of School Boards, the Macomb County School Boards Association, the Detroit Parent-Teacher Association, the School Equity Caucus, Black Parents for Quality Education and Citizens for a Better Lansing. I join these well-respected groups and many of my colleagues in voting no on this bill which threatens the democratic caucus everywhere in Michigan."

 

Rep. Switalski, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted against this bill because it strips a duly elected school board of all of its power and replaces that board with an appointee of the governor.

This appointee will have total control with no checks and balances. The people of Detroit will have no voice in the governing of their schools.

This legislation succeeds only in creating the purest form of political monster: an officeholder who's only function is to run for election."

 

Rep. Gieleghem, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

Senate Bill 297 does the wrong thing for the right reason. The ongoing problems with K-12 education in Michigan are of great concern to all members of the Legislature. Unfortunately this bill attempts to fix the problems in the Detroit School District by stripping away the power of a duly-elected government body and invalidating the vote of the people; removes accountability by putting an administrative appointee in charge of the school district; does not include any true education reforms; and gives the Governor's appointee the power to spend without oversight. This bill is opposed by the Michigan Association of School Boards, the Macomb County School Boards Association, the Detroit Parent-Teacher Association, the School Equity Caucus, Black Parents for Quality Education and Citizens for a Better Lansing. I join these well-respected groups and many of my colleagues in voting no on this bill which threatens the democratic caucus everywhere in Michigan."

 

Rep. Basham, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

While the sponsor of this bill may have very noble ideas of how to provide a better education for the children of Michigan--beginning with Detroit--I believe this is too complex an issue to be addressed by such a simple yet questionable measure.

First, I object to the state assuming the right to remove duly elected officials from office. The residents of Detroit made a choice about who they wanted to oversee their schools. It is rather arrogant for the state to tell them that their decision was wrong. If the voters feel the individuals they elected are failing in their responsibilities then there is a mechanism in place to allow them to be removed from office: either through a recall effort or the regular election process. I am further concerned such a proposal would set a terrible precedent that may potentially affect all elected officials.

Second, with all due respect to Mayor Archer, I must question what credentials he has that allow him to run the schools better than the current board. As the Mayor of Detroit since 1993, he is responsible for providing adequate public services in the city. Interestingly, after six years in office we continue to hear complaints that streets are not being plowed, city employees are failing to patch the roads, ordinances are not being enforced, etc. The list goes on and on. If the Mayor continues to be challenged by the very basic operations of the city, what basis is there to believe he can better run the schools?

Third, there are a number of school districts that fare worse than the Detroit schools. I question how we deal with those schools and why we have singled out Detroit. The school board has established a financial surplus in the district. In addition, the newly elected school board has recently proposed significant changes that aim to improve the quality of education that its students receive. While the pressure from the proposed school takeover may have been part of the impetus for such actions, the board should have the opportunity to implement these changes.

Fourth, I do not believe true improvements with the students' educational experience will occur until both their learning and living environments are improved. There are children that live in decrepit neighborhoods with drug dealers as neighbors and bars on their doors and windows. They are poorly nourished and lack proper guidance and supervision. So long as they live in such a negative environment, regardless of who may be running the schools, their ability to learn will always be hindered.

Lastly, I strongly disagree with the manner in which this measure has been moved through the legislative process. There have been much less significant issues deliberated by the legislature that were allowed statewide public hearings. This legislation, which has very broad and precedent setting implications for every school district in Michigan and perhaps every elected official, has been railroaded through with little, if any, opportunity for discussion or debate."

 

Rep. Lemmons, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I believe that this bill unfairly puts the members of the Detroit Board of Education in a subordinate position. Further, it strips them of their duly elected powers and puts them in a defacto-receivership. I am opposed to any legislation that reduces the powers of an elected board without any rationale or reason."

 

Rep. Wojno, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

Senate Bill 297 does the wrong thing for the right reason. The ongoing problems with K-12 education in Michigan are of great concern to all members of the Legislature. Unfortunately this bill attempts to fix the problems in the Detroit School District by stripping away the power of a duly-elected government body and invalidating the vote of the people; removes accountability by putting a a group of political appointee in charge of the school district; does not include any true education reforms; and gives the Governor's appointee the power to spend without oversight. This bill is opposed by the Michigan Association of School Boards, the Macomb County School Boards Association, the Detroit Parent-Teacher Association, the School Equity Caucus, and Citizens for a Better Lansing. I join these well-respected groups and many of my colleagues in voting no on this bill which threatens the democratic caucus everywhere in Michigan."

Rep. Raczkowski moved that the bill be given immediate effect.

The question being on the motion made by Rep. Raczkowski,

Rep. Kilpatrick demanded the yeas and nays.

The demand was supported.

The question being on the motion made by Rep. Raczkowski,

The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 146 Yeas--58

 

 
AllenGeigerKowallRocca
BirkholzGilbertKuipersSanborn
BisbeeGodchauxKukukScranton
BishopGosselinLaSataShackleton
BradstreetGreenMeadShulman
Brown, C.HagerMiddaughSpade
BylHartMortimerStamas
CassisHowellPappageorgeTabor
CaulJansenPattersonToy
DeRossettJelinekPerriconeVan Woerkom
DeVuystJellemaPumfordVander Roest
DeWeeseJohnson, RickRaczkowskiVear
EhardtJohnson, RuthRichardvilleVoorhees
FaunceJulianRichnerWoronchak

Garcia Koetje

 

 

Nays--42

 

 
BairdDennisLockwoodRison
BashamFrankMartinezSchauer
BogardusGarzaMinoreScott
BovinHaleNeumannSheltrown
BraterHanleyO'NeilStallworth
BrewerHansenPestkaSwitalski
Brown, B.HardmanPriceTesanovich
CherryJacobsPrusiThomas
ClarkJamnickQuarlesVaughn
ClarkeKilpatrickReevesWoodward

Daniels Lemmons

 

 

In The Chair: Perricone

 

 

Notices

 

 

I hereby give notice that on the next legislative session day I will move to reconsider the vote by which the House passed Senate Bill No. 297.

Rep. Frank

 

 

______

 

 

Rep. Raczkowski moved that the House adjourn.

The motion prevailed, the time being 4:35 a.m.

 

The Speaker declared the House adjourned until Thursday, March 18, at 12:00 Noon.

 

 

GARY L. RANDALL

Clerk of the House of Representatives.