February 23, 2011, Introduced by Reps. Hooker, Agema, MacGregor, Price, Yonker, Rogers, Bumstead, Hughes, Rendon and McMillin and referred to the Committee on Education.
A bill to amend 1937 (Ex Sess) PA 4, entitled
"An act relative to continuing tenure of office of certificated
teachers in public educational institutions; to provide for
probationary periods; to regulate discharges or demotions; to
provide for resignations and leaves of absence; to create a state
tenure commission and to prescribe the powers and duties thereof;
and to prescribe penalties for violation of the provisions of this
act,"
by amending section 3 of article IV (MCL 38.103), as amended by
2005 PA 124.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
ARTICLE IV
Sec. 3. (1) On the filing of charges in accordance with this
article, the controlling board may suspend the accused teacher from
active performance of duty until 1 of the following occurs:
(a) The teacher fails to contest the decision to proceed upon
the charges within the time period specified in section 4(1) of
this article.
(b) A preliminary decision and order discharging or demoting
the teacher is issued by the administrative law judge under section
4(5)(i) of this article.
(c) If the preliminary decision and order is to reinstate the
teacher, a final decision and order is rendered by the tenure
commission under section 4(5)(m) of this article.
(2)
If Except as otherwise
provided in subsection (3), if a
teacher is suspended as described in subsection (1), the
controlling
board shall continue the teacher's
salary shall
continue
during the suspension by placing the teacher's salary in
an interest-bearing escrow account and shall continue to pay for
the
teacher's employee benefits during the suspension. However, if
the
teacher If at the conclusion
of the suspension the teacher is
reinstated, or if the teacher is reinstated by the tenure
commission or by a court after the conclusion of proceedings under
this act, the controlling board shall pay the money in the escrow
account to the teacher. If the teacher fails to contest the
decision to proceed upon the charges within the time period
specified in section 4(1) of this article or there is a final
decision upholding the discharge of the teacher after the
conclusion of proceedings under this act, the controlling board is
entitled to the money in the escrow account.
(3) If a teacher who is suspended as described in subsection
(1) is convicted of a felony that is not a listed offense or of a
misdemeanor that is a listed offense, the controlling board may
discontinue the teacher's salary effective upon the date of the
conviction and is entitled to money in an escrow account under
subsection (2), if any. If the teacher is convicted of a felony
that is a listed offense, the controlling board shall discontinue
the teacher's salary effective upon the date of conviction and is
entitled to the money in an escrow account under subsection (2), if
any. As used in this subsection, "listed offense" means that term
as defined in section 2 of the sex offenders registration act, 1994
PA 295, MCL 28.722.
(4) (3)
If a preliminary decision and order
discharging a
teacher is issued by the administrative law judge and the tenure
commission subsequently reverses the preliminary decision and order
of the administrative law judge, the tenure commission may order
back pay.