August 11, 2009, Introduced by Rep. Pavlov and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 3, 401, 401a, 402, 416a, 418a, 420, 421, 422,
424, 431a, 432, 433, 434, 441, 442, 443, 445, 461, 462, 475, and
485 (MCL 380.3, 380.401, 380.401a, 380.402, 380.416a, 380.418a,
380.420, 380.421, 380.422, 380.424, 380.431a, 380.432, 380.433,
380.434, 380.441, 380.442, 380.443, 380.445, 380.461, 380.462,
380.475, and 380.485), section 3 as amended by 2007 PA 45, section
401a as added by 1995 PA 289, section 402 as amended by 2000 PA
230, sections 416a, 420, and 421 as added and sections 418a, 422,
424, 431a, 432, 433, 434, 441, 442, 443, 445, 461, 462, and 485 as
amended by 2004 PA 303, and section 475 as added by 2006 PA 347;
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. Beginning
July 1, 2010, for a first class school district as described in
section 402, board or school board means the mayor of the city with
the greatest population as of the most recent decennial census
located within the boundaries of a 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.
(2) A school district governed by this part shall be known as
the "school district of the city of __________," and, until July 1,
2010, shall be under the jurisdiction of the first class school
district board. Beginning July 1, 2010, a school district governed
by this part shall be under the jurisdiction of the mayor.
(3)
The Until July 1, 2010, 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. 401a. (1) Except as provided by law, a first class school
district has all of the powers granted to a general powers school
district in section 11a and has all additional powers granted by
law
to a first class school district, or to
the board of a first
class school district, or to the mayor with regard to the first
class school district.
(2)
Unless expressly provided in the amendatory act that added
this
section 1995 PA 289, the powers of a first class school
district
are not diminished by this section or by the amendatory
act
that added this section 1995
PA 289.
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) As used in this part, "mayor" means the mayor of the city
with the greatest population as of the most recent decennial census
located within the boundaries of a first class school district.
Sec.
416a. (1) This section applies to a first class school
district
only if the question under section 410 is approved in the
first
class school district.
(2)
The Until July 1, 2010, the officers of the first
class
school district board shall be a president, vice-president, and
secretary. In case of a vacancy in the office of president of a
first class school district board, the vice-president shall succeed
to the office of president for the balance of the unexpired term.
(2) (3)
The president, vice-president, and
secretary shall
perform the duties prescribed by the bylaws and regulations of the
board.
(3) (4)
The Beginning July 1, 2010,
the chief financial
officer or other officer of the first class school district
designated by the chief executive officer shall have the custody of
all money belonging to the school district and shall pay out money
pursuant to this act. The funds shall be deposited with
depositories selected by the chief executive officer or his or her
designee, and the interest derived shall be paid into the general
fund of the school district.
(4) The terms of office of all board members and board
officers of a first class school district are terminated effective
July 1, 2010.
Sec.
418a. (1) Regular Until July 1, 2010, regular meetings of
the first class school district board shall be held at least once
each
month, at a time and place fixed by the bylaws, . If the
question
under section 410 is not approved, and
not less than 7 of
the regular meetings shall be held in different voting districts of
the
first class school district each year. If the question under
section
410 is approved, not less than 9 of the regular meetings
shall
be held in different voting districts of the first class
school
district each year. The bylaws may
provide for the calling
of special meetings. Beginning July 1, 2010, the chief executive
officer shall hold monthly meetings of the community advisory
council established under section 420 to seek public input. At
least 7 of these monthly meetings each year shall be held in
different areas of the first class school district, and not more
than 5 may be held at the school district offices.
(2)
The Until July 1, 2010, the proceedings and
official
actions of the first class school district board shall be a public
record open to inspection pursuant to section 1202. Beginning July
1, 2010, a record of the proceedings held and official actions
taken by the chief executive officer shall be a public record open
to inspection pursuant to the freedom of information act, 1976 PA
442, MCL 15.231 to 15.246.
(3)
The board of the first class school district shall have
made a complete annual audit of its financial transactions. The
board
first class school district may employ a firm of certified
public accountants to make the audit or, if the city with the
greatest population located within the boundaries of the school
district has an auditor whose duties are limited to postauditing of
finances
and investigation of operations, the board first class
school district may arrange for the city's auditor to make the
audit.
The audit report shall be made to the board and or the
chief
executive
officer and shall be a public record. The board may
direct
or the chief executive officer to may publish
the audit
report by adding to it general school statistics or it may publish
general school statistics separately.
(4)
If the question under section 410 is not approved in the
first
class school district, every Until
July 1, 2010, every action
of the first class school district board creating a liability or
debt or originating the disposal or expenditure of property or
money shall be by yea and nay vote entered upon its record.
Sec.
420. (1) This section applies to a first class school
district
only if the question under section 410 is approved in the
first
class school district.
(2)
The school board of a first class school district shall
Not later than July 1, 2010, the mayor shall appoint a chief
executive
officer under this section. The initial chief executive
officer
shall be appointed not later than 30 days after the school
board
takes office under section 412, with the appointment of the
initial
chief executive officer to take effect at the beginning of
the
next school fiscal year. All of the
following apply to
appointment and employment of a chief executive officer under this
section:
(a) The chief executive officer shall be employed by the
school district according to an employment contract entered into
with
the school board mayor. The term of the contract shall not
exceed 4 years and may be renewed.
(b)
The mayor shall submit to the school board the name of 1
nominee
for the position of chief executive officer. The school
board
shall approve or disapprove of the nominee. Approval of the
nominee
shall be by majority vote of the school board. Upon
approval
by the school board, the nominee is appointed as chief
executive
officer. If the school board does not approve the
nominee,
the mayor shall submit to the school board the name of a
new
nominee.
(b) (c)
Appointment of a chief executive
officer under this
section is subject to section 421.
(c) (d)
A chief executive officer may be
removed from office
either
by the mayor or by a majority
vote of the members serving on
the
school board with the approval of the mayor. However, a chief
executive
officer may be removed only for
good cause.
(3)
Beginning on the next January 1 occurring at least 1 year
after
the question under section 410 is presented to the school
electors
of the first class school district, and until the
appointment
of an initial chief executive officer for a first class
school
district takes effect under this section, the person who was
serving
as chief executive officer of the school district under
part
5a immediately before the school board takes office under
section
412 shall act as the interim chief executive officer of the
first
class school district under this part. All provisions of this
act
that would otherwise apply to the chief executive officer of
the
first class school district apply to the interim chief
executive
officer, and he or she may exercise all the powers and
duties
otherwise vested by law in the chief executive officer of
the
first class school district until a permanent chief executive
officer
is appointed for the school district under this section.
(2) (4)
Upon appointment of a chief executive officer for a
first
class school district under this section, except for the
school
board's powers under subsection (11), Beginning July 1,
2010, the chief executive officer immediately may exercise all the
powers
and duties vested by law in the chief executive officer or
the
school board under this act and all
additional powers and
duties provided under this part; and the chief executive officer
accedes to all the rights, duties, and obligations of an elected
school board of a first class school district. Subject to section
421, 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
submit an annual budget and annual procurement goals to the
school
board for approval as provided under subsection (11)(b).
(b) Rights and obligations under collective bargaining
agreements and employment contracts entered into by the previous
school
board. or by a previous chief executive officer.
(c) Rights to prosecute and defend litigation.
(d) Obligations under any judgments entered against the school
district.
(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.
(g) All other rights, duties, and obligations provided under
this part for the chief executive officer or provided under this
act
or other state law for a school board. except for those school
board
powers listed in subsection (11).
(3) (5)
In addition to his or her other
powers, the chief
executive
officer appointed under this part section may terminate
any contract entered into by a previous school board or chief
executive officer of the 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.
(4) (6)
Upon appointment of a chief
executive officer for a
first class school district under this section, 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.
(5) (7)
The chief executive officer shall
appoint for the
first class school district a chief financial officer, chief
academic officer, chief operations officer, and chief purchasing
officer. Appointment of a chief financial officer under this
section is subject to section 421. These officers are employed at
the will of the chief executive officer.
(6) (8)
Not later than 90 days after the
initial appointment
of
a chief executive officer under this section October 1, 2009,
and at least annually thereafter, the chief executive officer shall
develop
and submit to the mayor , school board, and the department
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.
(7) (9)
The chief executive officer shall
submit an annual
report
to the mayor, school board, governor, and legislature and
shall make the annual report available to the community in the
first class 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 first class school district.
(b) Measurements that may be useful in determining
improvements in school quality in the first class school district.
These measurements shall indicate changes from baseline data from
the school year before the appointment of the chief executive
officer, 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.
(8) (10)
The chief executive officer shall
submit a monthly
report,
which shall be a public record, to the school board of the
first
class school district mayor and shall make the monthly report
available to the community in the first class school district. The
monthly 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 first class school district.
(b) Daily attendance figures.
(c) A description of steps taken to implement the chief
executive officer's school district improvement plan.
(d) A description of the progress made toward achieving the
goals and benchmarks set forth in the chief executive officer's
school district improvement plan.
(e) A description of progress made toward achieving the long-
term performance goals set forth in the annual report under
subsection
(9) (7).
(f) A copy of any and all completed financial audits
authorized by the school district.
(11)
The school board of a first class school district shall
do
all of the following:
(a)
Monitor pupil performance.
(b)
During June of each year, receive, review, and approve the
annual
budget and procurement goals submitted by the chief
executive
officer, including approval of the annual appropriation
total
for the school district's general operating fund and the
general
fund expenditure budget total for each of the following
functions,
as the functions are defined by the department in
Bulletin
1022:
(i) Instructions.
(ii) Pupil support services.
(iii) Instructional staff support services.
(iv) School administration.
(v) Business support services.
(vi) Operations and maintenance.
(vii) Pupil transportation services.
(viii) Central support services.
(ix) Community services.
(c)
Review all contracts totaling over $250,000.00 that are
entered
into by the chief executive officer.
(d)
Not later than August 31 of each year, provide to the
mayor
an annual evaluation of the performance of the chief
executive
officer and make this annual performance evaluation
available
to the public. To assist in this function, the school
board
may contract with an independent auditor to conduct a
performance
and financial audit of the activities of the chief
executive
officer. If the school board contracts for such an audit,
the
school board shall review the audit results before preparing
the
annual performance evaluation.
(e)
Form committees as the board considers necessary or
desirable
to fulfill its functions.
(f)
Organize and establish community assistance teams to work
with
the school board to implement a cohesive, full service
community
school program addressing the needs and concerns of the
school
district's population. The school board may delegate to a
community
assistance team the authority to devise and implement
family,
community, cultural, and recreational activities to promote
the
academic mission of the schools. 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.
(12)
As used in this section and section 421, "mayor" means
the
mayor of the city with the greatest population as of the most
recent
decennial census located within the boundaries of a first
class
school district.
(9) The chief executive officer shall establish a community
advisory council consisting of parents and community leaders, and
shall hold meetings of the community advisory council as provided
under section 418a.
Sec.
421. (1) This section applies to a first class school
district
only if the question under section 410 is approved in the
first
class school district.
(2)
The mayor shall not nominate a
person as chief executive
officer under section 420 and the chief executive officer shall not
appoint a person as chief financial officer if the person at the
time of appointment has a pecuniary interest in a contract to which
the first class school district is a party, or in a subcontract
under such a contract, other than an employment contract.
(2) (3)
The chief executive officer shall
ensure that the
first class school district does not award a contract, and that a
subcontract is not awarded under a contract with the first class
school district, to the mayor, the chief executive officer, or the
chief
financial officer, or a first class school board member, or
to the mayor's, chief executive officer's, or chief financial
officer's ,
or board member's spouse or
spouse's sibling or child,
sibling or sibling's spouse or child, child or child's spouse, or
parent or parent's sibling or spouse.
(3) (4)
The mayor, chief executive officer,
or chief financial
officer ,
or a first class school board member shall
not have a
direct or indirect pecuniary interest in any contract with the
first class school district that causes a substantial conflict of
interest. As used in this subsection, "substantial conflict of
interest" means that the pecuniary interest is of such substance as
to induce action on the person's part to promote the contract for
his or her own personal benefit. A contract between the first class
school district and any of the following is not considered a
substantial conflict of interest:
(a) A corporation in which the person is a stockholder owning
1% or less of the total stock outstanding in any class if the stock
is not listed on a stock exchange or the stock has a present market
value of $25,000.00 or less if the stock is listed on a stock
exchange.
(b) A corporation in which a trust, in which the person is a
beneficiary under the trust, owns 1% or less of the total stock
outstanding in any class if the stock is not listed on a stock
exchange or the stock has a present market value of $25,000.00 or
less if the stock is listed on a stock exchange.
(c) A professional limited liability company organized
pursuant to the Michigan limited liability company act, 1993 PA 23,
MCL 450.4101 to 450.5200, if the person is an employee but not a
member of the company.
Sec. 422. If territory comprising an entire school district is
annexed to the city and becomes a part of the first class school
district, part 10 shall govern where applicable with respect to the
bonded indebtedness of either district existing at the time of
annexation.
The Until July 1, 2010, the first class school
district
board may use any funds legally available to retire the bonded
indebtedness
of the annexed district. If the question under section
410
is approved in the first class school district, then Beginning
July 1, 2010, the chief executive officer appointed under section
420 has the powers and shall perform the duties of the board of the
first class school district under this section.
Sec. 424. (1) When school property belonging to another school
district is taken by annexation by a first class school district, a
determination shall be made of the equitable amount that shall be
paid
by the first class school district. That Until July 1, 2010,
that determination shall be made by the boards of the 2 districts
affected. If the board of the first class school district and the
board of the school district from which the property is taken are
unable to agree, the matter shall be submitted to a board of
arbitration consisting of 1 member appointed by each board and a
third member to be selected by the 2 appointed members. The
arbitrators by order shall fix a day for hearing and give notice of
the hearing as provided in the order. They shall make regulations
for the proceedings and shall make a final order determining the
amount to be paid by the first class school district to the school
district whose property was taken by the annexation and file the
order with the county clerk. The order of the arbitrators shall be
final. Taxes shall be levied and collected in the manner provided
in the order.
(2)
If the question under section 410 is approved in the first
class
school district, then Beginning
July 1, 2010, the
chief
executive officer appointed under section 420 has the powers and
shall perform the duties of the board of the first class school
district under this section.
Sec.
431a. (1) The Until July 1, 2010, the board of the first
class school district may take, use, hold, lease, sell, and convey
real and personal property, including property received by gift,
devise, or bequest, for the use of the public school within and
without its corporate limits. Proceeds from the sale of real
property shall be credited to accounts of the school district as
provided in section 1262. The first class school district board has
the power to purchase, lease, and take by the right of eminent
domain all property; erect and maintain or lease all buildings;
employ and pay all persons; and do all other things in its judgment
necessary for the proper establishment and management of the public
schools.
If the question under section 410 is approved in the first
class
school district, then Beginning
July 1, 2010, the
chief
executive officer appointed under section 420 has the powers and
shall perform the duties of the board of the first class school
district under this subsection.
(2)
The Until July 1, 2010, the first class school
district
board may adopt and revise as appropriate bylaws and regulations
for
conducting the business of the board and , if the question
under
section 410 is not approved in the first class school
district,
for the control and government of
all schools, school
property, and pupils in the first class school district.
(3) If property is sought to be taken by eminent domain,
proceedings may be brought under 1911 PA 149, MCL 213.21 to 213.25,
or the uniform condemnation procedures act, 1980 PA 87, MCL 213.51
to 213.75.
Sec.
432. (1) The Until July 1, 2010, the first class school
district board annually shall prepare estimates of the amount of
taxes necessary for its needs for the ensuing fiscal year. The
estimates shall specify the amount required for the "general fund",
the amount required for the "building and site fund", and the
amount
required for the "debt retirement fund". If the board causes
the
appropriation for the
"building and site fund" to be is raised
by the issuance of bonds instead of raising the appropriation by
taxation, provision shall be made for the retirement of the bonds
in a debt retirement fund.
(2)
The Until July 1, 2010, the board shall adopt a
budget in
the same manner and form as required for its estimates and
determine the amount of tax levy necessary for that budget and
shall certify on or before the date required by law the amount to
the city.
(3) The proper officials of the city shall apportion the
school taxes in the same manner as the other taxes of the city are
apportioned, and the amount apportioned shall be assessed, levied,
collected, and returned for the school district in the same manner
as taxes of the city. The tax levied by the school district, in the
discretion of the legislative body of the city, may be stated
separately on each tax bill.
(4)
If the question under section 410 is approved in the first
class
school district, then Beginning
July 1, 2010, the
chief
executive officer appointed under section 420 has the powers and
shall perform the duties of the board of the first class school
district under this section.
Sec.
433. (1) The Until July 1, 2010, the secretary of the
first class school district board shall issue and sign a warrant
upon the treasurer for payrolls, bills, and accounts that become
due and payable under a contract or because of a previous
authorization or action of the board after the payrolls, bills, and
accounts are registered and charged to the appropriations from
which
they are payable, . The and
the treasurer, upon receipt of
the warrant, shall issue a check in payment thereof.
(2) Other claims and demands against the first class school
district shall be made under the regulations of the board. The
board, before paying a bill, account, or claim, may require that it
be accompanied by a certificate of the person rendering it that the
services or the property charged have been actually performed or
delivered for the school district, that the sums charged are
reasonable and just, and that to the best of that person's
knowledge and belief no setoff exists nor payment has been made on
account except as included or referred to in the account presented.
A similar certificate shall be required on all payrolls, the
certificate to be made by the person who supervises the services
charged.
(3)
If the question under section 410 is approved in the first
class
school district, then Beginning
July 1, 2010, the
chief
executive officer appointed under section 420 or his or her
designee has the powers and shall perform the duties of the board
of the first class school district or board officers under this
section.
Sec.
434. (1) Before Until July 1, 2010, before a contract
entered into by the first class school district for the purchase of
real estate or the erection, remodeling, or repairing of a building
is binding on the school district, the secretary shall endorse on
the contract that the money proposed to be expended under the
contract is actually in the treasury or that the money has been
appropriated. A contract submitted shall not be certified by the
secretary until all contracts for the completed work covered by the
appropriation are submitted, and a warrant shall not be drawn on
the account of a contract not containing the certificate.
(2)
The Until July 1, 2010, the board may authorize a
contract
before the money is available if an appropriation or an
authorization of bonds or notes is made for the contract and may
borrow on the best terms obtainable on the credit of that
appropriation or authorization of bonds or notes sums necessary to
make a payment under the contract.
(3)
If the question under section 410 is approved in the first
class
school district, then Beginning
July 1, 2010, the
chief
executive officer appointed under section 420 or his or her
designee has the powers and shall perform the duties of the board
of the first class school district or board officers under this
section.
Sec.
441. The Until July 1, 2010, the board of the first
class
school district, with the consent of the legislative body of the
city, may authorize the financial officers of the school district
to borrow for not more than 1 year, on the best terms obtainable,
sums
necessary to pay awards in condemnation proceedings. If the
question
under section 410 is approved in the first class school
district,
then Beginning July 1, 2010, the chief executive
officer
appointed under section 420 has the powers and shall perform the
duties of the board of the first class school district under this
section.
Sec.
442. (1) The Until July 1, 2010, the board of the first
class school district may do any of the following:
(a) Borrow, subject to the revised municipal finance act, 2001
PA 34, MCL 141.2101 to 141.2821, for temporary school purposes sums
of money and give notes of the district for temporary school
purposes.
(b) Borrow, subject to the revised municipal finance act, 2001
PA 34, MCL 141.2101 to 141.2821, sums of money for the purpose of
purchasing sites for buildings, playgrounds, or athletic fields and
purchasing or erecting and equipping a building or making a
permanent improvement that the school district is authorized to
make. The board may accomplish this by the issuance and sale of
bonds of the school district on terms the board considers
advisable, or by other reasonable means. The board shall designate
officers to execute the bonds on behalf of the school district. The
designated officers may include the chief financial officer.
(2) A loan shall not be made, except as otherwise provided in
this subsection, for a sum that, together with the total
outstanding bonded indebtedness of the school district, exceeds 5%
of the state equalized valuation of the taxable property within the
school district, unless the proposition of making the loans or of
issuing bonds is submitted to a vote of the school electors of the
school district at a general or special school election and
approved by the majority of the school electors voting on the
question. Regardless of the amount of outstanding bonded
indebtedness of the school district, a vote of the school electors
is not necessary in order to issue bonds for a purpose described in
section 1274a. Loans may be made or bonds may be issued for the
purposes stated in this section in an amount equal to that provided
by part 17.
(3)
If the question under section 410 is approved in the first
class
school district, then Beginning
July 1, 2010, the
chief
executive officer appointed under section 420 has the powers and
shall perform the duties of the board of the first class school
district under this section.
Sec. 443. (1) Proceeds from the sale of first class school
district bonds may be expended for the remodeling of existing
buildings of the school district if the board determines the
remodeling will contribute positively to the health, security, or
welfare of the pupils of the school district and if the uses are
approved
by the superintendent of public instruction. If the
question
under section 410 is approved in the first class school
district,
then Beginning July 1, 2010, the chief executive
officer
appointed under section 420 has the powers and shall perform the
duties of the board of the first class school district under this
subsection.
(2) As used in this section, "remodeling" means the alteration
or construction of structural components of a building including
walls, roofs, partitions, hallways, stairways, or means of egress,
or the replacement, relocation, or reconstruction of heating,
ventilating, incineration, electrical, security, or sanitary
systems.
Sec.
445. (1) The Until July 1, 2010, the board of the first
class school district by resolution may submit the proposition of
issuing bonds for the purpose of purchasing sites for buildings,
playgrounds, or athletic fields and purchasing or erecting and
equipping a building or making permanent improvements that the
school district is authorized to make to the school electors of the
school district at a city or state election, or at a special
election called for that purpose.
(2) If a majority of the school electors voting on the
question approve the issuance of bonds, the board may issue the
bonds of the district.
(3)
The Until July 1, 2010, the board shall determine
the form
of the bonds, the manner in which they shall be executed by the
president and secretary of the district, the sums payable and the
times of payment, and other terms and conditions the board
considers necessary.
(4) If the board or chief executive officer determines to
issue bonds under this section, sections 432 and 444 shall not
apply to the issuance of the bonds and the bonds may be issued in
an amount equal to that provided by part 17.
(5) The secretary of the board shall file with the city clerk
a written notice of the resolution to submit the bonding
proposition to the school electors with a draft of the form of the
bonding proposition to be submitted. The notice shall be under the
seal of the board and filed with the city clerk at least 60 days
before the date fixed by the board for the election.
(6) The laws of this state pertaining to elections in a city
shall govern the practicable submission of the proposition to the
school electors. Electors qualified to vote on the bonding
proposition shall be registered school electors of the city in
which the first class school district is located and otherwise
qualified to vote on bonding propositions under the constitution
and laws of this state.
(7) Bonds issued under this act are subject to the revised
municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.
(8)
If the question under section 410 is approved in the first
class
school district, then Beginning
July 1, 2010, the
chief
executive officer appointed under section 420 has the powers and
shall perform the duties of the board of the first class school
district or board officers under this section.
Sec.
461. (1) Upon Until July 1, 2010, upon the adoption, by
majority vote of the board members serving, of a measure not coming
under its general power or authority, the board of the first class
school district shall submit the measure to the school electors of
the school district at the next state or city election or a special
election called for that purpose. This section does not authorize
the issuance of bonds. The secretary of the board shall file with
the city clerk a written notice of the adoption of the measure
together with a written draft of the measure to be submitted to the
school electors. The notice shall be under the seal of the board
and filed with the city clerk not less than 60 days before the
election.
(2) The laws of this state pertaining to elections in the city
govern the practicable submission of the measure to the school
electors.
(3)
If the question under section 410 is approved in the first
class
school district, then Beginning
July 1, 2010, the
chief
executive officer appointed under section 420 has the powers and
shall perform the duties of the board of the first class school
district or board officers under this section.
Sec.
462. Special Until July 1, 2010, special elections may be
called by the board of the first class school district. The board
shall call an election on receipt of the written request of not
less than 10% of the registered school electors of the district
qualified to vote on the question by giving the prescribed notice.
The questions to be submitted at the election shall be stated
briefly
in the notice. If the question under section 410 is
approved
in the first class school district, then Beginning July 1,
2010, the chief executive officer appointed under section 420 has
the powers and shall perform the duties of the board of the first
class school district under this section.
Sec. 475. (1) Subject to subsection (2), until July 1, 2010,
the board of a first class school district may establish and
maintain a school, class, or program within a school in which
enrollment is limited to pupils of a single gender if the school
district also makes available to pupils a substantially equal
coeducational school, class, or program and a substantially equal
school, class, or program for pupils of the other gender.
(2) If the board or chief executive officer of a first class
school district establishes a single-gender school, class, or
program described in subsection (1), the school district shall not
require participation by any of its pupils in the single-gender
school, class, or program. The board or chief executive officer
shall ensure that participation by pupils in a single-gender
school, class, or program is wholly voluntary. For the purposes of
this subsection, participation by a pupil in a single-gender
school, class, or program is not considered to be voluntary unless
the school district also makes available to the pupil a
substantially equal coeducational school, class, or program.
(3) Beginning July 1, 2010, the chief executive officer
appointed under section 420 has the powers and shall perform the
duties of the board of the first class school district under this
section.
Sec. 485. (1) At least every 2 years, until July 1, 2010, the
board of the first class school district shall adopt policies and
establish programs that provide for and encourage the free flow of
information between the school district and the community and that
provide for and encourage community input into educational matters
considered by the board.
(2) In order to implement subsection (1), the board of a first
class school district shall do both of the following:
(a) Provide for an autonomous school-community organization in
each school within the school district. The school-community
organization shall be open to all parents and other residents of
the school attendance area.
(b) Establish procedures for handling complaints, concerns,
and recommendations received from parents and other members of the
community.
(3)
If the question under section 410 is approved in the first
class
school district, then Beginning
July 1, 2010, the
chief
executive officer appointed under section 420 has the powers and
shall perform the duties of the board of the first class school
district under this section.
Enacting section 1. Sections 403, 403a, 404, 404b, 410, 411a,
412, 412a, 413a, 414a, 415, 416, 417a, 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, 380.471a, and 380.483a, are repealed
effective July 1, 2010.