Senate Introduced Bill B00476

SENATE BILL No. 476

May 15, 2001, Introduced by Senators EMERSON, BENNETT, JOHNSON and STILLE and

referred to the Committee on Education.

A bill to amend 1976 PA 451, entitled

"The revised school code,"

(MCL 380.1 to 380.1852) by adding sections 641, 1198, and 1206a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 SEC. 641. (1) SUBJECT TO SUBSECTION (10), IF THE BOARD OF A

2 CONSTITUENT DISTRICT RECEIVES PETITIONS REQUESTING THE QUESTION

3 TO BE PLACED ON THE BALLOT, AND IF THE PETITIONS ARE SIGNED

4 WITHIN A 180-DAY PERIOD BY A NUMBER OF SCHOOL ELECTORS OF THE

5 CONSTITUENT DISTRICT AT LEAST EQUAL TO 10% OF THE TOTAL NUMBER OF

6 SCHOOL ELECTORS IN THE CONSTITUENT DISTRICT, THE BOARD OF THE

7 CONSTITUENT DISTRICT SHALL PLACE ON THE BALLOT AT THE NEXT REGU-

8 LAR SCHOOL ELECTION THE QUESTION OF TURNING CONTROL OF THE OPERA-

9 TIONS OF THE CONSTITUENT DISTRICT OVER TO THE INTERMEDIATE SCHOOL

10 BOARD.

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1 (2) IF A MAJORITY OF THE SCHOOL ELECTORS OF A CONSTITUENT

2 DISTRICT APPROVE THE QUESTION UNDER SUBSECTION (1) OF TURNING

3 CONTROL OF THE OPERATIONS OF THE CONSTITUENT DISTRICT OVER TO THE

4 INTERMEDIATE SCHOOL BOARD, THE INTERMEDIATE SCHOOL BOARD SHALL

5 ASSUME CONTROL OVER THE OPERATIONS OF THE CONSTITUENT DISTRICT AS

6 PROVIDED IN THIS SECTION.

7 (3) BEGINNING 10 DAYS AFTER CERTIFICATION OF THE ELECTION AT

8 WHICH THE BALLOT QUESTION UNDER SUBSECTION (1) IS APPROVED, THE

9 POWERS AND DUTIES OF THE ELECTED SCHOOL BOARD OF THE CONSTITUENT

10 DISTRICT AND OF ITS SECRETARY AND TREASURER ARE SUSPENDED UNLESS

11 AND UNTIL A NEW SCHOOL BOARD IS ELECTED UNDER SUBSECTION (9).

12 HOWEVER, UNTIL THE EXPIRATION OF EACH INDIVIDUAL MEMBER'S CURRENT

13 TERM, THE MEMBERS OF THE ELECTED SCHOOL BOARD OF THE CONSTITUENT

14 DISTRICT MAY CONTINUE TO MEET AS AN ADVISORY BOARD TO PROVIDE

15 INPUT TO THE INTERMEDIATE SCHOOL BOARD ON AN ADVISORY BASIS

16 ONLY. NOTWITHSTANDING ANY BOARD POLICY, BYLAW, OR RESOLUTION TO

17 THE CONTRARY, THESE ADVISORY BOARD MEMBERS SHALL SERVE WITHOUT

18 COMPENSATION OR REIMBURSEMENT, AND FUNDS OF THE CONSTITUENT DIS-

19 TRICT SHALL NOT BE USED TO STAFF OR OTHERWISE SUPPORT THE

20 ADVISORY BOARD IN ANY WAY.

21 (4) BEGINNING 10 DAYS AFTER CERTIFICATION OF THE ELECTION OF

22 WHICH THE BALLOT QUESTION UNDER SUBSECTION (1) IS APPROVED, ALL

23 PROVISIONS OF THIS ACT CONCERNING OPERATION OF THE CONSTITUENT

24 DISTRICT THAT WOULD OTHERWISE APPLY TO THE SCHOOL BOARD OF THE

25 CONSTITUENT DISTRICT APPLY TO THE INTERMEDIATE SCHOOL BOARD, AND

26 THE INTERMEDIATE SCHOOL BOARD IMMEDIATELY MAY EXERCISE ALL THE

27 POWERS AND DUTIES OTHERWISE VESTED BY LAW IN THE BOARD OF THE

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1 CONSTITUENT DISTRICT AND IN ITS SECRETARY AND TREASURER. THE

2 INTERMEDIATE SCHOOL BOARD ACCEDES TO ALL THE RIGHTS, DUTIES, AND

3 OBLIGATIONS OF THE SCHOOL BOARD OF THE CONSTITUENT DISTRICT.

4 THESE POWERS, RIGHTS, DUTIES, AND OBLIGATIONS INCLUDE, BUT ARE

5 NOT LIMITED TO, ALL OF THE FOLLOWING:

6 (A) AUTHORITY OVER THE EXPENDITURE OF ALL SCHOOL DISTRICT

7 FUNDS, INCLUDING PROCEEDS FROM BONDED INDEBTEDNESS AND OTHER

8 FUNDS DEDICATED TO CAPITAL PROJECTS.

9 (B) RIGHTS AND OBLIGATIONS UNDER COLLECTIVE BARGAINING

10 AGREEMENTS AND EMPLOYMENT CONTRACTS ENTERED INTO BY THE SCHOOL

11 BOARD.

12 (C) RIGHTS TO PROSECUTE AND DEFEND LITIGATION.

13 (D) OBLIGATIONS UNDER ANY JUDGMENTS ENTERED AGAINST THE

14 SCHOOL BOARD.

15 (E) RIGHTS AND OBLIGATIONS UNDER STATUTE, RULE, AND COMMON

16 LAW.

17 (F) AUTHORITY TO DELEGATE ANY OF THESE POWERS AND DUTIES TO

18 1 OR MORE DESIGNEES, WITH PROPER SUPERVISION BY THE INTERMEDIATE

19 SCHOOL BOARD.

20 (5) AFTER THE EXPIRATION OF 10 YEARS AFTER THE APPROVAL OF

21 THE BALLOT QUESTION UNDER SUBSECTION (1), THE QUESTION OF WHETHER

22 THE INTERMEDIATE SCHOOL BOARD SHOULD RETAIN CONTROL OVER THE CON-

23 STITUENT DISTRICT SHALL BE PLACED ON THE BALLOT IN THE CONSTITU-

24 ENT DISTRICT UNDER THIS SECTION.

25 (6) THE QUESTION UNDER SUBSECTION (5) SHALL BE PLACED ON THE

26 BALLOT IN THE CONSTITUENT DISTRICT AT THE NEXT REGULAR ELECTION

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1 OCCURRING AT LEAST 90 DAYS AFTER THE EXPIRATION OF 10 YEARS AFTER

2 THE APPROVAL OF THE BALLOT QUESTION UNDER SUBSECTION (1).

3 (7) THE QUESTION UNDER SUBSECTION (5) SHALL BE IN SUBSTAN-

4 TIALLY THE FOLLOWING FORM:

5 "SHALL THE CONTROL OF THE INTERMEDIATE SCHOOL BOARD OVER THE

6 OPERATIONS OF THE _______________ (NAME OF LOCAL SCHOOL DISTRICT)

7 UNDER SECTION 641 OF THE REVISED SCHOOL CODE BE RETAINED? A VOTE

8 IN THE AFFIRMATIVE CONTINUES THE CONTROL OF THE INTERMEDIATE

9 SCHOOL BOARD OVER THE OPERATIONS OF THE SCHOOL DISTRICT. A VOTE

10 IN THE NEGATIVE WILL RESULT IN THE ELECTION OF A NEW ELECTED

11 SCHOOL BOARD FOR THE SCHOOL DISTRICT AND WILL RENDER THE PROVI-

12 SIONS OF LAW ESTABLISHING INTERMEDIATE SCHOOL BOARD CONTROL INAP-

13 PLICABLE FOR THIS SCHOOL DISTRICT.

14 YES ( )

15 NO ( )".

16 (8) IF THE QUESTION UNDER SUBSECTION (5) IS APPROVED BY A

17 MAJORITY OF THE SCHOOL ELECTORS VOTING ON THE QUESTION EITHER

18 UNDER SUBSECTION (5) OR PURSUANT TO SUBDIVISION (B), ALL OF THE

19 FOLLOWING APPLY:

20 (A) THE INTERMEDIATE SCHOOL BOARD CONTINUES IN CONTROL OF

21 THE OPERATIONS OF THE CONSTITUENT DISTRICT.

22 (B) THE QUESTION MAY NOT BE PLACED ON THE BALLOT AGAIN IN

23 THE CONSTITUENT DISTRICT UNTIL THE EXPIRATION OF 5 YEARS AFTER

24 THE ELECTION AT WHICH THE QUESTION WAS APPROVED. THE QUESTION

25 MAY BE PLACED ON THE BALLOT AGAIN IN THE CONSTITUENT DISTRICT

26 UNDER THIS SUBDIVISION IF PETITIONS CALLING FOR THE QUESTION TO

27 BE PLACED ON THE BALLOT ARE FILED WITH THE INTERMEDIATE SCHOOL

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1 BOARD NOT SOONER THAN 4 YEARS AFTER THE QUESTION WAS MOST

2 RECENTLY ON THE BALLOT AND IF THE PETITIONS ARE SIGNED WITHIN A

3 180-DAY PERIOD BY A NUMBER OF SCHOOL ELECTORS OF THE CONSTITUENT

4 DISTRICT AT LEAST EQUAL TO 10% OF THE TOTAL NUMBER OF SCHOOL

5 ELECTORS OF THE CONSTITUENT DISTRICT. IF THOSE PETITIONS ARE

6 SUBMITTED AND VERIFIED, THE QUESTION SHALL BE PLACED ON THE

7 BALLOT IN THE CONSTITUENT DISTRICT AT THE NEXT REGULAR SCHOOL

8 ELECTION OCCURRING AT LEAST 5 YEARS AFTER THE QUESTION WAS MOST

9 RECENTLY ON THE BALLOT AND AT LEAST 90 DAYS AFTER THE PETITIONS

10 ARE SUBMITTED AND VERIFIED.

11 (9) IF THE QUESTION UNDER SUBSECTION (5) IS NOT APPROVED BY

12 A MAJORITY OF THE SCHOOL ELECTORS VOTING ON THE QUESTION EITHER

13 UNDER SUBSECTION (5) OR PURSUANT TO SUBSECTION (8)(B), ALL OF THE

14 FOLLOWING APPLY:

15 (A) THE INTERMEDIATE SCHOOL BOARD SHALL CONDUCT AN ELECTION

16 OF A NEW ELECTED SCHOOL BOARD FOR THE CONSTITUENT DISTRICT. THIS

17 ELECTION SHALL BE AT A SPECIAL ELECTION HELD AS SOON AS PRACTICA-

18 BLE, BUT NOT SOONER THAN 90 DAYS AFTER THE ELECTION UNDER SUBSEC-

19 TION (5) OR SUBSECTION (8)(B). THIS ELECTION SHALL BE CONDUCTED

20 IN THE MANNER OTHERWISE PROVIDED BY LAW FOR AN INITIAL SCHOOL

21 BOARD ELECTION.

22 (B) EFFECTIVE ON THE NEXT JULY 1 FOLLOWING THE ELECTION

23 UNDER SUBDIVISION (A), THE NEW ELECTED SCHOOL BOARD OF THE CON-

24 STITUENT DISTRICT SHALL SERVE AS THE GOVERNING BODY OF THE CON-

25 STITUENT DISTRICT AND THIS ELECTED SCHOOL BOARD AND ITS SECRETARY

26 AND TREASURER SHALL BE FULLY VESTED WITH ALL POWERS AND DUTIES

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1 THAT THOSE OFFICIALS HAD BEFORE THE INTERMEDIATE SCHOOL BOARD

2 ASSUMED CONTROL UNDER THIS SECTION.

3 (C) EFFECTIVE ON THE NEXT JULY 1 FOLLOWING THE ELECTION

4 UNDER SUBDIVISION (A), THE CONTROL OF THE INTERMEDIATE SCHOOL

5 BOARD OVER THE CONSTITUENT DISTRICT UNDER THIS SECTION SHALL

6 CEASE.

7 (D) EFFECTIVE ON THE NEXT JULY 1 FOLLOWING THE ELECTION

8 UNDER SUBDIVISION (A), THE PROVISIONS OF THIS SECTION DO NOT

9 APPLY TO THAT CONSTITUENT DISTRICT.

10 (10) THIS SECTION DOES NOT APPLY TO A CONSTITUENT DISTRICT

11 THAT IS A QUALIFYING SCHOOL DISTRICT UNDER PART 5A.

12 SEC. 1198. (1) SUBJECT TO SUBSECTION (3), IF THE SUPERIN-

13 TENDENT OF PUBLIC INSTRUCTION RECEIVES PETITIONS UNDER SUBSECTION

14 (2), HE OR SHE SHALL APPOINT AN EVALUATION TEAM TO CONDUCT A COM-

15 PREHENSIVE EVALUATION IN THE SCHOOL DISTRICT IN THE SAME MANNER

16 AS DESCRIBED IN SECTION 1194 FOR AN EDUCATIONAL EVALUATION TEAM.

17 AN EVALUATION UNDER THIS SECTION IS ADVISORY ONLY. THE EVALU-

18 ATION TEAM SHALL SUBMIT THE SAME TYPE OF REPORT AS DESCRIBED IN

19 SECTION 1194(5) TO THE BOARD OF THE SCHOOL DISTRICT AND TO THE

20 SUPERINTENDENT OF PUBLIC INSTRUCTION. THE BOARD AND PERSONNEL OF

21 THE SCHOOL DISTRICT SHALL COOPERATE WITH THE EVALUATION TEAM IN

22 THE EVALUATION.

23 (2) THE SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL PROCEED

24 UNDER SUBSECTION (1) IF HE OR SHE RECEIVES PETITIONS REQUESTING

25 AN EVALUATION UNDER THIS SECTION THAT ARE SIGNED WITHIN A 180-DAY

26 PERIOD BY A NUMBER OF SCHOOL ELECTORS OF A SCHOOL DISTRICT AT

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1 LEAST EQUAL TO 10% OF THE TOTAL NUMBER OF SCHOOL ELECTORS IN THE

2 SCHOOL DISTRICT.

3 (3) THIS SECTION DOES NOT APPLY TO A SCHOOL DISTRICT THAT IS

4 A QUALIFYING SCHOOL DISTRICT UNDER PART 5A.

5 SEC. 1206A. IF THE QUESTION OF TURNING CONTROL OF THE OPER-

6 ATIONS OF A SCHOOL DISTRICT OVER TO THE INTERMEDIATE SCHOOL BOARD

7 IS APPROVED UNDER SECTION 641, ALL POWERS AND DUTIES OF THE

8 SCHOOL BOARD OF THE SCHOOL DISTRICT AND OF ITS OFFICERS ARE

9 SUBJECT TO SECTION 641.

10 Enacting section 1. This amendatory act does not take

11 effect unless Senate Bill No. 473

12 of the 91st Legislature is enacted into

13 law.

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