HOUSE BILL No. 6157


     June 4, 2002, Introduced by Rep. Bishop and referred to the Committee on Education.


        A bill to amend 1976 PA 451, entitled

   "The revised school code,"

   by amending sections 951 and 971 (MCL 380.951 and 380.971), sec-

   tion 951 as amended by 1990 PA 147 and section 971 as amended by

   1995 PA 289, and by adding section 951a.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 951.  (1) An intermediate school board may detach ter-

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        ritory from 1 school district and attach the territory to another

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        school district  if  IN ANY OF THE FOLLOWING CIRCUMSTANCES:

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             (A) IF requested to do so by resolution of the board of a

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        school district whose boundaries would be changed by the action.

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         ; subject

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             (B) SUBJECT to subsection  (2)  (3), by resolution of the

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        board of a condominium association acting pursuant to a petition




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        signed by not less than 2/3 of the co-owners of the condominium

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        association who reside on the land to be transferred.  ; or if

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             (C) IF petitioned by not less than 2/3 of the persons who

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        own and reside on the land to be transferred.

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             (2) The intermediate school board shall take final action

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        within 60 days after the receipt of the resolution or petition.

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        The territory to be detached shall be contiguous to the school

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        district to which it is attached.   If  SUBJECT TO SECTION 951A,

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        IF the latest  assessed valuation  TAXABLE VALUE of the territory

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        to be detached is more than 10% of the latest  assessed

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        valuation  TAXABLE VALUE of the entire school district from which

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        the territory is to be detached, the action of the intermediate

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        school board shall not be effective unless approved by an affir-

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        mative vote of a majority of the school electors of the school

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        district from which the territory is to be detached.

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             (3)  (2)  The board of a condominium association may request

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        that an intermediate school board detach territory from 1 school

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        district and attach the territory to another school district as

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        described in subsection (1) only if the board of the condominium

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        association represents the co-owners of a condominium project

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        that is completed and not less than 75% of the units are sold and

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        occupied.

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             SEC. 951A.  (1) AN INTERMEDIATE SCHOOL BOARD SHALL DETACH

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        TERRITORY FROM 1 SCHOOL DISTRICT AND ATTACH THE TERRITORY TO

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        ANOTHER SCHOOL DISTRICT THAT IS CONTIGUOUS TO THE TERRITORY IF

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        ALL OF THE FOLLOWING ARE MET:





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             (A) THE TERRITORY TO BE TRANSFERRED IS LOCATED IN A FAILING

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        SCHOOL DISTRICT.

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             (B) THE INTERMEDIATE SCHOOL BOARD IS PETITIONED TO MAKE THE

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        TRANSFER BY NOT LESS THAN 2/3 OF THE PERSONS WHO OWN PROPERTY AND

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        RESIDE IN THE TERRITORY TO BE TRANSFERRED.  THE PETITION SHALL

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        SPECIFICALLY IDENTIFY THE TERRITORY TO BE TRANSFERRED.

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             (C) THE BOARD OF THE SCHOOL DISTRICT TO WHICH THE TERRITORY

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        IS TO BE ATTACHED APPROVES THE TRANSFER.

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             (D) THE TRANSFER IS APPROVED BY AN AFFIRMATIVE VOTE OF A

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        MAJORITY OF THE SCHOOL ELECTORS WHO RESIDE IN THE TERRITORY TO BE

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        TRANSFERRED.

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             (2) A TRANSFER OF TERRITORY UNDER THIS SECTION IS NOT

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        SUBJECT TO APPROVAL BY THE SCHOOL ELECTORS OR SCHOOL BOARD OF THE

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        SCHOOL DISTRICT FROM WHICH THE TERRITORY IS DETACHED.

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             Sec. 971.  (1)  One  EXCEPT AS OTHERWISE PROVIDED IN SUBSEC-

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        TION (3), 1 or more resident owners of land considered for trans-

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        fer from 1 school district to another, or the board of a school

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        district whose territory is affected, may appeal the action of

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        the intermediate school board or joint intermediate school boards

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        in transferring the land, the failure to transfer the land, or

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        action relative to the accounting determination to the  state

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        board  SUPERINTENDENT OF PUBLIC INSTRUCTION within 10 days after

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        the action or determination by the intermediate school board or

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        the joint intermediate school boards.  If the intermediate school

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        board or the joint intermediate school boards fail to take action

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        within the time limit under section 951, the appeal may be made

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        to the  state board  SUPERINTENDENT OF PUBLIC INSTRUCTION within



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        10 days following the termination of the period.  The pendency of

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        an appeal shall suspend the action or determination of the inter-

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        mediate school board or joint intermediate school boards.

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             (2)  The state board  UPON APPEAL UNDER SUBSECTION (1), THE

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        SUPERINTENDENT OF PUBLIC INSTRUCTION may confirm, modify, or set

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        aside the order of the intermediate school board or the joint

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        intermediate school boards.  In considering an appeal, the  state

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        board  SUPERINTENDENT OF PUBLIC INSTRUCTION shall consider the

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        welfare of  the  ANY affected  pupil  PUPILS, including, but not

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        limited to, the length of the  pupil's  PUPILS' commute to and

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        from school, on a school bus or otherwise.  The action of the

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         state board  SUPERINTENDENT OF PUBLIC INSTRUCTION on the appeal

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        is final.

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             (3) THE BOARD OF THE SCHOOL DISTRICT FROM WHICH THE TERRI-

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        TORY IS DETACHED MAY NOT APPEAL A TRANSFER OF TERRITORY UNDER

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        SECTION 951A.

























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