May 3, 2005, Introduced by Reps. Waters, Virgil Smith, Murphy, Cushingberry, Lemmons, Jr., Hopgood, Tobocman, Hood, Leland, Hunter and Lemmons, III and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 373 (MCL 380.373), as amended by 2004 PA 303.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 373. (1) Beginning on March 26, 1999 or, if the
qualifying school district becomes a qualifying school district
after March 26, 1999, the date on which a school district becomes a
qualifying school district, the powers and duties of the elected
school board of the qualifying school district and of its secretary
and treasurer are suspended until the applicable date specified in
section 375. However, until the expiration of the current term of
each individual member serving as of the date the school district
becomes a qualifying school district, the members of the elected
school board of a qualifying school district may continue to meet
as an advisory board to provide input to the school reform board on
an advisory basis only. Notwithstanding section 417a or any board
policy, bylaw, or resolution to the contrary, these advisory board
members shall serve without compensation or reimbursement, and
funds of the qualifying school district shall not be used to staff
or otherwise support the advisory board in any way.
(2) Beginning on March 26, 1999 or, if the qualifying school
district becomes a qualifying school district after March 26, 1999,
the date on which a school district becomes a qualifying school
district, and until appointment of a school reform board for a
qualifying school district under this part, all provisions of this
act that would otherwise apply to the school board of the
qualifying school district or to the school reform board or chief
executive officer apply to the mayor, and the mayor immediately may
exercise all the powers and duties otherwise vested by law in the
board of the qualifying school district and in its secretary and
treasurer, and all powers and duties of the school reform board or
chief executive officer as provided under this part. Within 30 days
after appointing a school reform board under this part, the mayor
shall initiate a financial audit of the qualifying school district.
The mayor shall provide the results of this audit to the school
reform board.
(3) Upon appointment of a school reform board for a qualifying
school district under this part, and until appointment of a chief
executive officer under section 374, all provisions of this act
that would otherwise apply to the school board of the qualifying
school district or to the chief executive officer apply to the
school reform board, and the school reform board immediately may
exercise all the powers and duties otherwise vested by law in the
board of the qualifying school district and in its secretary and
treasurer, and all powers and duties of the chief executive officer
as provided under this part.
(4) Upon appointment of a chief executive officer for a
qualifying school district under section 374, all provisions of
this act that would otherwise apply to the elected school board of
the qualifying school district apply to the chief executive
officer; the chief executive officer immediately may exercise all
the powers and duties otherwise vested by law in the elected school
board of the qualifying school district and in its secretary and
treasurer, and all additional powers and duties provided under this
part; and the chief executive officer accedes to all the rights,
duties, and obligations of the elected school board of the
qualifying school district. These powers, rights, duties, and
obligations include, but are not limited to, all of the following:
(a) Authority over the expenditure of all school district
funds, including proceeds from bonded indebtedness and other funds
dedicated to capital projects. However, the chief executive officer
shall not enter into a contract that obligates the qualifying
school district for an amount in excess of $25,000.00 unless the
contract is approved by the superintendent of public instruction.
(b) Rights and obligations under collective bargaining
agreements and employment contracts entered into by the elected
school board, except for employment contracts of those employees
described in subsection (6).
(c) Rights to prosecute and defend litigation.
(d) Obligations under any judgments entered against the
elected school board.
(e) Rights and obligations under statute, rule, and common
law.
(f) Authority to delegate any of the chief executive officer's
powers and duties to 1 or more designees, with proper supervision
by the school reform board.
(5) In addition to his or her other powers, the chief
executive officer appointed under this part may terminate any
contract entered into by the elected school board of the qualifying
school district except for a collective bargaining agreement.
However, this subsection does not allow any termination or
diminishment of obligations to pay debt service on legally
authorized bonds. A contract terminated by a chief executive
officer under this subsection is void.
(6) Beginning on March 26, 1999 or, if the qualifying school
district becomes a qualifying school district after March 26, 1999,
the date on which a school district becomes a qualifying school
district, and until appointment of a school reform board for a
qualifying school district under this part, each employee of the
qualifying school district whose position is not covered by a
collective bargaining agreement is employed at the will of the
mayor. Upon appointment of a school reform board for a qualifying
school district under this part, and until appointment of a chief
executive officer under section 374, each employee of the
qualifying school district whose position is not covered by a
collective bargaining agreement is employed at the will of the
school reform board. Upon appointment of a chief executive officer
for a qualifying school district under section 374, each employee
of the qualifying school district whose position is not covered by
a collective bargaining agreement is employed at the will of the
chief executive officer.
(7) Not later than 90 days after the initial appointment of a
chief executive officer under this part, and at least annually
thereafter, the chief executive officer with the approval of the
school reform board shall develop and submit to the school district
accountability board created in section 376 a school district
improvement plan that includes at least detailed academic,
financial, capital, and operational goals and benchmarks for
improvement and a description of strategies to be used to
accomplish those goals and benchmarks. The plan also shall include
an assessment of available resources and recommendations concerning
additional resources or changes in statute or rule, if any, needed
to meet those goals and benchmarks. The plan also shall include an
evaluation of local school governance issues, including criteria
for establishing building-level governance.
(8) A chief executive officer with the approval of the school
reform board for the qualifying school district shall submit an
annual report to the mayor, governor, school district
accountability board created in section 376, and legislature and
shall make the annual report available to the community in the
qualifying school district. The annual report shall contain at
least all of the following:
(a) A summary of the initiatives that have been implemented to
improve school quality in the qualifying school district.
(b) Measurements that may be useful in determining
improvements in school quality in the qualifying school district.
These measurements shall indicate changes from baseline data from
the school year before the appointment of the school reform board,
and shall include at least all of the following:
(i) Standardized test scores of pupils.
(ii) Dropout rates.
(iii) Daily attendance figures.
(iv) Enrollment figures.
(v) High school completion and other pertinent completion
rates.
(vi) Changes made in course offerings.
(vii) Proportion of school district resources devoted to direct
educational services.
(c) A description of long-term performance goals that may
include statewide averages or comparable measures of long-term
improvement.
(9) A school reform board may organize and establish community
assistance teams to work with the school reform board to implement
a cohesive, full service community school program addressing the
needs and concerns of the qualifying school district's population.
The school reform board may delegate to a community assistance team
the authority to devise and implement family, community, cultural,
and recreational activities to assure that the academic mission of
the schools is successful. The community assistance teams may also
develop parental involvement activities that focus on the
encouragement of voluntary parenting education, enhancing parent
and family involvement in education, and promoting adult and family
literacy.
(10) The mayor, superintendent of public instruction, state
board, school district accountability board created in section 376,
this state, the city in which a qualifying school district is
located, a school reform board established under this part, or a
chief executive officer or other officer appointed under section
374 is not liable for any obligation of or claim against a
qualifying school district resulting from an action taken under
this part.