June 11, 2009, Introduced by Rep. Lemmons and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 3, 401, and 402 (MCL 380.3, 380.401, and
380.402), section 3 as amended by 2007 PA 45 and section 402 as
amended by 2000 PA 230, and by adding section 409; and to repeal
acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) "Area" as used in the phrase "area vocational-
technical education program" or "area career and technical
education program" means the geographical territory, within the
boundaries of a K to 12 school district, an intermediate school
district, or a community college district, that is designated by
the department as the service area for the operation of an area
vocational-technical education program.
(2) "Area vocational-technical education program", "area
career and technical education program", or "career and technical
education program" means a program of organized, systematic
instruction designed to prepare the following persons for useful
employment in recognized occupations:
(a) Persons participating in career and technical education
readiness activities that lead to enrollment in a career and
technical education program in high school.
(b) Persons enrolled in high school in a school district,
intermediate school district, public school academy, or nonpublic
school.
(c) Persons who have completed or left high school and who are
available for full-time study in preparation for entering the labor
market.
(d) Persons who have entered the labor market and who need
training or retraining to achieve stability or advancement in
employment.
(3) "Board" or "school board" means the governing body of a
local school district unless clearly otherwise stated. If the
ballot question under section 409 is approved, then beginning on
the next January 1 immediately following the election, for a first
class school district, board or school board means the mayor of the
city that operates the first class school district.
(4) "Boarding school" means a place accepting for board, care,
and instruction 5 or more children under 16 years of age.
(5) "Constituent district" means a local school district the
territory of which is entirely within and is an integral part of an
intermediate school district.
Sec. 401. (1) A school district organized as a school district
of the first class shall be governed by this part, by the
provisions of article 2 which are not inconsistent with this part,
and by articles 3 and 4. If the ballot question under section 409
is approved, then beginning on the next January 1 immediately
following the election, a school district of the first class is
also governed by the applicable provisions of the home rule city
act, 1909 PA 279, MCL 117.1 to 117.38.
(2) A school district governed by this part shall be known as
the "school district of the city of __________," and, subject to
section 409, shall be under the jurisdiction of the first class
school district board.
(3)
The Subject to section
409, the first class school
district board shall be a body corporate under the name and title
of "the board of education of the school district of the city of
__________" and under that name may sue and be sued.
Sec. 402. (1) A school district that has a pupil membership of
at
least 100,000 60,000 enrolled on the most recent pupil
membership count day is a first class school district governed by
this part.
(2) If the ballot question under section 409 is approved, then
beginning on the next January 1 immediately following the election,
a school district that has a pupil membership of at least 60,000
enrolled on the most recent pupil membership count day and that has
the same boundaries as a home rule city with a population of at
least 500,000 is a first class school district governed by this
part and by the applicable provisions of the home rule city act,
1909 PA 279, MCL 117.1 to 117.38.
Sec. 409. (1) At the next November general election occurring
at least 60 days after the effective date of this section, the
local elections official of a city that has the same boundaries as
a first class school district and a population of at least 500,000
shall present the question under subsection (2) to the school
electors of the first class school district. The local election
official may select a ballot designation for the question.
(2) At the November general election described in subsection
(1), the following question shall be presented to the school
electors of the first class school district:
"Shall the _______________ (name of school district) be placed
under the control of the city of ____________ (name of city) to be
operated as a department of the city government?
Yes ______
No ______".
(3) If a majority of the school electors of the first class
school district voting on the question vote yes on the question
under this section, the question is approved.
(4) If the question under this section is approved, all of the
following apply effective on the next January 1 immediately
following the date of the election:
(a) The school board of the first class school district is
abolished.
(b) The city that has the same boundaries as the first class
school district shall operate the first class school district as a
department of the city, as provided under section 4s of the home
rule city act, 1909 PA 279, MCL 117.4s, in the manner provided
under this act and that section.
(c) The mayor of the city shall assume all of the powers and
responsibilities of a school board or school board officer under
this act or other applicable law and may delegate any of those
powers or responsibilities to the superintendent appointed under
section 4s of the home rule city act, 1909 PA 279, MCL 117.4s.
Enacting section 1. If the ballot question under section 409
of the revised school code, 1976 PA 451, MCL 380.409, is approved,
sections 403, 403a, 404, 404b, 410, 411a, 412, 412a, 413a, 414a,
415, 416, 417a, 420, 421, 471a, and 483a of the revised school
code, 1976 PA 451, MCL 380.403, 380.403a, 380.404, 380.404b,
380.410, 380.411a, 380.412, 380.412a, 380.413a, 380.414a, 380.415,
380.416, 380.417a, 380.420, 380.421, 380.471a, and 380.483a, are
repealed effective on January 1 immediately following the date of
the election at which the ballot question is approved.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5085(request no.
03671'09 a) of the 95th Legislature is enacted into law.