June 16, 2005, Introduced by Senators JOHNSON, KUIPERS, HAMMERSTROM, BIRKHOLZ and GOSCHKA 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 section 1230d.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1230d. (1) If a person who is employed in any capacity by
a school district, intermediate school district, public school
academy, or nonpublic school, or who is regularly and continuously
working under contract in a school district, intermediate school
district, public school academy, or nonpublic school, is charged
with a crime listed in section 1535a(1) or a substantially similar
crime in another jurisdiction, the person shall report to the
department and to the school district, intermediate school
district, public school academy, or nonpublic school that he or she
has been charged with the crime.
(2) If a person who is employed by or is regularly and
continuously working under contract in a school district,
intermediate school district, public school academy, or nonpublic
school as a teacher or in a position requiring state board approval
enters a plea of guilt or no contest to or is the subject of a
finding of guilt by a judge or jury of a crime described in section
1535a(1) or 1439b(1), then the person immediately shall disclose to
the court, on a form prescribed by the state court administrative
office, that he or she is employed by a school district,
intermediate school district, public school academy, or nonpublic
school as a teacher or in a position requiring state board
approval. The person shall immediately provide a copy of the form
to the prosecuting attorney in charge of the case, to the
superintendent of public instruction, and to the school district,
intermediate school district, public school academy, or nonpublic
school.
(3) A person who violates this section is guilty of a crime,
as follows:
(a) If the person violates either subsection (1) or (2) and
the crime involved in the violation is a listed offense, the person
is guilty of a felony punishable by imprisonment for not more than
2 years or a fine of not more than $2,000.00, or both.
(b) If the person violates either subsection (1) or (2) and
the crime involved in the violation is a crime other than a listed
offense, the person is guilty of a misdemeanor punishable by
imprisonment for not more than 1 year or a fine of not more than
$1,000.00, or both.
(4) A person who violates this section is subject to discharge
from his or her employment. If the board of a school district or
intermediate school district or board of directors of a public
school academy finds, after providing notice and the opportunity
for a hearing, that a person employed by the school district,
intermediate school district, or public school academy has violated
this section, the board or board of directors may discharge the
person from his or her employment. However, if a collective
bargaining agreement is in effect as of the effective date of this
section for employees of a school district, intermediate school
district, or public school academy, and if that collective
bargaining agreement is not in compliance with this subsection,
then this subsection does not apply to that school district,
intermediate school district, or public school academy until after
the expiration of that collective bargaining agreement.
(5) As used in this section, "listed offense" means that term
as defined in section 2 of the sex offenders registration act, 1994
PA 295, MCL 28.722.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No. 601.
(b) Senate Bill No. 609.
(c) Senate Bill No. 610.