SB-0754, As Passed Senate, April 28, 2016

SUBSTITUTE FOR

SENATE BILL NO. 754

A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending sections 626, 681, 684, 1230d, 1277, 1288, 1310a, 1525,

1535a, 1539b, 1561, 1711, and 1751 (MCL 380.626, 380.681, 380.684,

380.1230d, 380.1277, 380.1288, 380.1310a, 380.1525, 380.1535a,

380.1539b, 380.1561, 380.1711, and 380.1751), sections 681 and 684

as amended by 2007 PA 45, sections 1230d, 1535a, and 1539b as

amended by 2006 PA 680, section 1277 as amended by 1997 PA 179,

section 1310a as amended by 2000 PA 230, section 1525 as amended by

2004 PA 596, section 1561 as amended by 2009 PA 204, and sections

1711 and 1751 as amended by 2008 PA 1, and by adding section 1281b;

and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 626. (1) Except as provided in subsection (2), by July 1

of each odd-numbered year the intermediate school board shall

prepare and publish a map of the intermediate school district ~~as of~~

~~July 1, 1977, and biennially on July 1 thereafter,~~ showing by

district lines the boundaries of each constituent district and

shall submit a copy of the map to the clerk of each township and

city located in the intermediate school district, to the secretary

of each constituent district, and to the secretary of state. In the

period intervening between publication dates, the intermediate

school board shall report each boundary change to the principal

officers of the affected municipalities and townships ~~, the state~~

~~board,~~ and the secretary of state. ~~One copy of the map shall be~~

~~filed biennially, beginning July 1, 1977, or as soon as possible~~

~~thereafter, with each of the clerks of the respective townships and~~

~~cities, 1 copy with the secretary of each constituent district, 1~~

~~copy with the state board, and 1 copy with the secretary of state.~~

(2) An intermediate school board ~~shall not be~~ is not required

to prepare or ~~file~~ submit a new map of the intermediate school

district if the boundaries of its constituent districts have not

changed ~~subsequent to~~ since the last ~~filing.~~submission.

Sec. 681. (1) An intermediate school district may establish an

area career and technical education program and operate the program

under sections 681 to 690 if approved by a majority of the

intermediate school electors of the intermediate school district

voting on the question. The election shall be called and conducted

in accordance with this act and the Michigan election law. The

establishment of the area career and technical education program

may be rescinded by the same process.

(2) The question of establishing an area career and technical

education program may be submitted to the intermediate school

electors of an intermediate school district at a regular school

election or at a special election held in each of the constituent

districts. Subject to section 641 of the Michigan election law, MCL

168.641, the intermediate school board shall determine the date of

the election and shall give notice to the school district filing

official at least 60 days in advance of the date the ballot

question is to be submitted to the intermediate school electors.

(3) The ballot for referring the question of adopting sections

681 to 690 and establishing an area career and technical education

program to the intermediate school electors of an intermediate

school district shall be substantially in the following form:

"Shall ____________ (legal name of intermediate school

district), state of Michigan, come under sections 681 to 690 of the

revised school code and establish an area career and technical

education program which is designed to encourage the operation of

area career and technical education programs if the annual property

tax levied for this purpose is limited to ______ mills?

Yes ( )

No ( )".

(4) Beginning in 1995, and subject to section 625b, the number

of mills of ad valorem property taxes an intermediate school board

may levy for area career and technical education program operating

purposes under sections 681 to 690 is limited to the following:

(a) If the intermediate school district did not levy any

millage in 1993 for area career and technical education program

operating purposes under sections 681 to 690, the intermediate

school board, with the approval of the intermediate school

electors, may levy not more than 1 mill for those purposes.

(b) If the intermediate school district levied millage in 1993

for area career and technical education program operating purposes

under sections 681 to 690, the intermediate school board, with the

approval of the intermediate school electors, may levy mills for

those purposes at a rate not to exceed 1.5 times the number of

mills authorized for those purposes in the intermediate school

district in 1993. Approval of the intermediate school electors is

not required for the levy under this subdivision of previously

authorized mills until that authorization expires.

(5) An intermediate school district that levies a tax for area

career and technical education program operating purposes shall not

use proceeds from the tax for any purpose other than area career

and technical education program operating purposes and shall submit

to the department of treasury a copy of the audit report from the

audit of the intermediate school district conducted under section

622a. If the department of treasury determines from the audit

report that the proceeds from the tax have been used for a purpose

other than area career and technical education program operating

purposes, as defined under subsection (7), the department of

treasury shall notify the intermediate school district of that

determination. If the intermediate school district disputes the

determination or claims that the situation has been corrected,

within 15 days after receipt of the determination the intermediate

school district may submit an appeal of the determination to the

department of treasury. Within 90 days after receipt of the appeal,

the department of treasury shall consider the appeal and make a

determination of whether the initial determination was correct or

incorrect and of whether the situation has been corrected. If the

department of treasury finds that the initial determination was

correct and that the situation has not been corrected, then the

department of treasury shall file a copy of the report with the

attorney general. The attorney general shall review the report and,

if the attorney general considers it appropriate, shall commence or

direct the prosecuting attorney for the county in which the

violations occurred to commence appropriate proceedings against the

intermediate school board or the official or employee. These

proceedings shall include at least a civil action in a court of

competent jurisdiction for the recovery of any public money

determined by the audit to have been illegally expended and for the

recovery of any public property determined by the audit to have

been converted or misappropriated.

(6) If the attorney general determines from a report filed

under subsection (5) that an intermediate school district has

misspent tax proceeds as described in subsection (5) and notifies

the intermediate school district of this determination, the

intermediate school district shall repay to its area career and

technical education program operating fund an amount equal to the

amount the department of treasury determined under subsection (5)

has been used for a purpose other than area career and technical

education program operating purposes. The intermediate school

district shall make this repayment from funds of the intermediate

school district that lawfully may be used for making such a

repayment.

(7) For the purposes of subsections (5) and (6), not later

than January 1, 2008, the department and the department of

treasury, in consultation with intermediate school districts, shall

develop and make available to intermediate school districts a

definition of area career and technical education program operating

purposes.

(8) An intermediate school district shall not hold more than 2

elections in a calendar year concerning the authorization of a

millage rate for area career and technical education program

operating purposes under sections 681 to 690.

(9) Within 30 days after receiving the audit results, an

intermediate school district shall publish the results of any audit

conducted concerning the area career and technical education

program on the intermediate school district's website. The results

shall remain posted on the website for at least 6 months.

(10) The state board is the sole agency responsible for the

supervision and administration of career and technical education in

this state with authority to accept federal funding for career and

technical education and with the responsibility to administer the

requirements for career and technical education under federal and

state law.

Sec. 684. (1) An intermediate school board in which an area

career and technical education program has been established may

operate area career and technical education programs or may

contract with local school districts or with community colleges for

the operation of the programs or with a private degree-granting

postsecondary institution if the intermediate school district is

not within a community college district and if there existed on or

before July 1, 1992 a written agreement for the operation of such a

program. Area career and technical education programs operated

under sections 681 to 690 shall be submitted for review of the

representatives of the constituent districts of the intermediate

school district at an annual budget review meeting held on or

before June 1 under section 624.

(2) An intermediate school board may expend area career and

technical education funds for the operation of area career and

technical education programs for instructional, support, and

administrative costs associated with providing career and technical

education activities, including, but not limited to, staff

salaries, wages, and benefits for career and technical education

programs only; information and awareness activities; acquisition

and rental of real property; construction of buildings; acquisition

of equipment and supplies; and maintenance, repair, and replacement

of buildings, lands, equipment, and supplies. An intermediate

school board shall not expend area career and technical education

funds for purposes other than those set forth in sections 681 to

690. An intermediate school board must obtain state approval to use

state or federal career and technical education funds. Expenditure

of vocational education millage revenue for the purposes allowed

under this subsection shall be determined by the intermediate

school board. However, if the millage revenue is commingled with

state or federal funds, then the intermediate school district must

obtain state approval to use the commingled funds. If an audit by

or on behalf of the department determines that an intermediate

school board has expended area career and technical education funds

for a purpose other than those set forth in sections 681 to 690,

the intermediate school district is subject to the measures under

section 681(5) and (6).

(3) The intermediate school board shall ensure that all of the

following are met:

(a) The intermediate school board shall notify the department

at the time the area career and technical education program is

established.

(b) In order to be responsive to local workforce needs,

emerging technologies, and local demand occupations, the

intermediate school district shall establish a program advisory

committee pursuant to administrative guidelines established by the

office of career and technical preparation within the department.

At least a majority of the members of the program advisory

committee shall be representatives from business and industry.

information data and distribute that data to the appropriate state

department or departments and to the program advisory committee.

For the purposes of this subdivision, the department or CEPI shall

only require an intermediate school district to report information

that is not already available from the financial information

database maintained by CEPI.

(d) The intermediate school district shall submit its career

and technical education plan to the department in the form and

manner prescribed by the department. For the purposes of this

subdivision, the department or CEPI shall only require an

intermediate school district to report information that is not

already available from the financial information database

maintained by CEPI.

(4) The department may monitor career and technical education

programs funded with state or federal funding based upon feedback

from the program advisory committee and predetermined state or

federal skills standards that include student outcomes.

(5) The department, in consultation with the appropriate

career and technical education professionals, shall develop a

process for expedited state approval of programs that recognize

local workforce needs, emerging technologies, and local demand

occupations.

(6) If there is a community college that offers career and

technical preparation programs within the intermediate school

district, the intermediate school board shall collaborate with the

community college to minimize duplication of programs.

(7) An area career and technical education program shall allow

participation by public school academy and nonpublic school pupils

to the same extent as pupils of constituent districts.

(8) An intermediate school board operating under sections 681

to 690 may expend funds received under section 683 for the costs of

a special election held to renew or increase the millage limit on

the annual property tax levied for area career and technical

education purposes.

(9) The treasurer of an intermediate school board shall pay

out area career and technical education funds on order of the

intermediate school board.

(10) AS used in this section, "CEPI" means the center for

educational performance and information created in section 94a of

the state school aid act of 1979, MCL 388.1694a.

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; who has applied for a position with a

school district, intermediate school district, public school

academy, or nonpublic school and has had an initial criminal

history check under section 1230 or criminal records check under

section 1230a; 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 1539b(1) or a violation of a substantially

similar law of another state, a political subdivision of this state

or another state, or of the United States, 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. All of the following apply to this

reporting requirement:

(a) The person shall make the report on a form prescribed by

the department.

(b) The person shall submit the report to the department and

to the superintendent of the school district or intermediate school

district or chief administrator of the public school academy or

nonpublic school.

after being arraigned for the crime.

(2) If a person who is employed in any capacity by or is

regularly and continuously working under contract in a school

district, intermediate school district, public school academy, or

nonpublic school enters a plea of guilt or no contest to or is the

subject of a finding of guilt by a judge or jury of any crime after

having been initially charged with a crime described in section

1535a(1) or 1539b(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 or regularly and continuously

working under contract in a school district, intermediate school

district, public school academy, or nonpublic school. 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 superintendent or chief administrator of

the school district, intermediate school district, public school

academy, or nonpublic school.

(3) A person who violates subsection (1) or (2) 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 misdemeanor that is a

listed offense or is a felony, 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 misdemeanor that is not 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 subsection (1) or (2) may be

discharged from his or her employment or have his or her contract

terminated. 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 subsection (1) or

(2), the board or board of directors may discharge the person from

his or her employment. ~~However, if a collective bargaining~~

~~agreement that applies to the affected person is in effect as of~~

~~January 1, 2006, 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) If a person submits a report that he or she has been

charged with a crime, as required under subsection (1), and the

person is subsequently not convicted of any crime after the

completion of judicial proceedings resulting from that charge, then

the person may request the department and the school district,

intermediate school district, public school academy, or nonpublic

school to delete the report from its records concerning the person.

Upon receipt of the request from the person and of documentation

verifying that the person was not convicted of any crime after the

completion of judicial proceedings resulting from that charge, the

department or a school district, intermediate school district,

public school academy, or nonpublic school shall delete the report

from its records concerning the person.

(6) If the prosecuting attorney in charge of a case receives a

form as provided under subsection (2), the prosecuting attorney

shall notify the superintendent of public instruction and the

superintendent or chief administrator of any school district,

intermediate school district, public school academy, or nonpublic

school in which the person is employed by forwarding a copy of the

form to each of them not later than 7 days after receiving the

form. If the court receives a form as provided under subsection

(2), the court shall notify the superintendent of public

instruction and the superintendent or chief administrator of any

school district, intermediate school district, public school

academy, or nonpublic school in which the person is employed by

forwarding to each of them a copy of the form and information

regarding the sentence imposed on the person not later than 7 days

after the date of sentencing, even if the court is maintaining the

file as a nonpublic record.

(7) The department of ~~information~~ technology, management, and

budget shall work with the department and the department of state

police to develop and implement an automated program that does a

comparison of the department's list of registered educational

personnel, and of any other list maintained by the department of

individuals employed or regularly and continuously working under

contract in a school, with the conviction information received by

the department of state police. This comparison shall only include

individuals who are actually school employees at the time of the

comparison or who are regularly and continuously working under

contract at the time of the comparison. Unless otherwise prohibited

by law, this comparison shall include convictions contained in a

nonpublic record. The department and the department of state police

shall perform this comparison during January and June of each year

until July 1, 2008. The department of state police shall take all

reasonable and necessary measures using the available technology to

ensure the accuracy of this comparison before transmitting the

information under this subsection to the department. The department

shall take all reasonable and necessary measures using the

available technology to ensure the accuracy of this comparison

before notifying a school district, intermediate school district,

public school academy, or nonpublic school of a conviction. If a

comparison discloses that a person on the department's list of

registered educational personnel has been convicted of a crime, or

if the department is otherwise notified by the department of state

police that such a person has been convicted of a crime, the

department shall notify the superintendent or chief administrator

and the board or governing body of the school district,

intermediate school district, public school academy, or nonpublic

school in which the person is employed of that conviction.

(8) If a school district, intermediate school district, public

school academy, or nonpublic school receives a report under this

section of a conviction, within 60 days after receiving the report

the school district, intermediate school district, public school

academy, or nonpublic school shall submit to the department in the

form and manner prescribed by the department a report detailing the

information received and any action taken as a result by the school

district, intermediate school district, public school academy, or

nonpublic school. The department shall maintain a copy of this

report for at least 6 years.

(9) As used in this section:

(a) "At school" means in a classroom, elsewhere on school

property, or on a school bus or other school-related vehicle.

(b) "Felony" means that term as defined in section 1 of

chapter I of the code of criminal procedure, 1927 PA 175, MCL

761.1.

of the sex offenders registration act, 1994 PA 295, MCL 28.722.

(d) "Regularly and continuously work under contract" means any

of the following:

(i) To work at school on a more than intermittent or sporadic

basis as an owner or employee of an entity that has a contract with

a school district, intermediate school district, public school

academy, or nonpublic school to provide food, custodial,

transportation, counseling, or administrative services, or to

provide instructional services to pupils or related and auxiliary

services to special education pupils.

(ii) To work at school on a more than intermittent or sporadic

basis as an individual under a contract with a school district,

intermediate school district, public school academy, or nonpublic

school to provide food, custodial, transportation, counseling, or

administrative services, or to provide instructional services to

pupils or related and auxiliary services to special education

pupils.

(e) "School property" means that term as defined in section 33

of the sex offenders registration act, 1994 PA 295, MCL 28.733.

Sec. 1277. (1) Considering criteria established by the state

board, in addition to the requirements specified in section 1280

for accreditation under that section, if the board of a school

district wants all of the schools of the school district to be

accredited under section 1280, the board shall adopt and implement

and, not later than September 1 each year, shall make available to

the department a copy of a 3- to 5-year school improvement plan and

continuing school improvement process for each school within the

school district. The school improvement plans shall include, but

are not limited to, a mission statement, goals based on student

academic objectives for all students, curriculum alignment

corresponding with those goals, evaluation processes, staff

development, development and utilization of community resources and

volunteers, the role of adult and community education, libraries

and community colleges in the learning community, and building

level decision making. School board members, school building

administrators, teachers and other school employees, pupils,

parents of pupils attending that school, and other residents of the

school district shall be invited and allowed to voluntarily

participate in the development, review, and evaluation of the

district's school improvement plans. Upon request of the board of a

school district, the department and the intermediate school

district shall assist the school district in the development and

implementation of district school improvement plans. Educational

organizations may also provide assistance for these purposes.

School improvement plans described in this section shall be updated

annually by each school and by the board of the school district.

(2) School improvement plans shall include at least all of the

following additional matters:

(a) Goals centered on student academic learning.

(b) Strategies to accomplish the goals.

(d) Development of alternative measures of assessment that

will provide authentic assessment of pupils' achievements, skills,

and competencies.

(e) Methods for effective use of technology as a way of

improving learning and delivery of services and for integration of

evolving technology in the curriculum.

(f) Ways to make available in as many fields as practicable

opportunities for structured on-the-job learning, such as

apprenticeships and internships, combined with classroom

instruction.

(3) Each intermediate school board shall adopt and implement

and, not later than September 1 each year, shall make available to

the department a copy of a 3- to 5-year intermediate school

district school improvement plan and continuing school improvement

process for the intermediate school district. Constituent and

intermediate school board members, school building administrators,

teachers and other school employees, pupils, parents of pupils, and

residents of the intermediate school district shall be invited and

allowed to voluntarily participate in the development, review, and

evaluation of the intermediate school district's school improvement

plan. Upon request of the intermediate school board, the department

shall assist the intermediate school district in the development

and implementation of an intermediate school district school

improvement plan. An intermediate school district school

improvement plan described in this section shall be updated

annually by the intermediate school board. An intermediate school

district school improvement plan shall include at least all of the

following:

(a) Methods to assist districts in improving pupils' academic

learning.

(b) Assurance that all pupils have reasonable access to all

programs offered by the intermediate school district, including,

but not limited to, transportation if necessary.

learning.

(d) Methods to assist school districts in integrating applied

academics and career and employability skills into all curricular

areas.

(e) Ways to make available in as many fields as practicable

opportunities for structured on-the-job learning, such as

apprenticeships and internships, combined with classroom

instruction.

(f) Collaborative efforts with supporting agencies that

enhance academic learning.

(g) Long-range cost containment measures, including additional

services that might be provided at reduced costs by the

intermediate school district or through cooperative programs, and

cost reduction programs such as interdistrict cooperation in

special education and other programs and services.

(h) To the extent that it would improve school effectiveness,

specific recommendations on consolidation or enhanced interdistrict

cooperation, or both, along with possible sources of revenue.

(i) Evaluation of the plan.

~~(4) The state board shall annually review a random sampling of~~

~~school improvement plans. Based on its review, the state board~~

~~shall annually submit a report on school improvement activities~~

~~planned and accomplished by each of the school districts and~~

~~intermediate school districts that were part of the sampling to the~~

~~senate and house committees that have the responsibility for~~

~~education legislation.~~

Sec. 1281b. All of the following apply to reports required to

be submitted under this act by the state board, superintendent of

public instruction, department, department of treasury, center for

educational performance and information, or any other state

department or agency:

(a) The state board, superintendent of public instruction,

department, department of treasury, center for educational

performance and information, or any other state department or

agency shall not require, or promulgate a rule requiring, a new

report to be submitted unless state or federal law specifically

Senate Bill No. 754 as amended April 27, 2016

requires or authorizes the report.

(b) The state board, superintendent of public instruction,

department, department of treasury, center for educational

performance and information, or any other state department or

agency shall not require, or promulgate a rule requiring, any

modifications or additions to a report that, as of the effective

date of this section, is already required to be submitted unless

<<1 or both of the following apply:

(i) STATE>> or federal law specifically requires or authorizes

THE

modification or addition.

<<(ii) The modification or addition will reduce or eliminate a reporting requirement.>>

department, department of treasury, center for educational

performance and information, or any other state department or

agency requires, or promulgates a rule requiring, a new report or

additional information to be submitted under the conditions

specified under subdivisions (a) and (b), the state board,

superintendent of public instruction, department, department of

treasury, center for educational performance and information, or

other state department or agency shall ensure that the new report

or additional information may be submitted electronically.

Sec. 1288. ~~(1) Each~~ If participating in a course or visiting a

course would result in a pupil, teacher, or visitor being exposed

to danger of physical harm, each pupil and teacher participating in

a the course ~~included in this section~~ and each visitor to the

course shall wear industrial quality ~~eye~~ personal protective

devices, which have been sanitized prior to use, ~~if exposure to~~

~~danger exists~~ while participating in or visiting the course or

participating in or visiting safety training required for the

course. The board of a school district or intermediate school

district or board of directors of a public school academy shall

furnish the protective devices for pupils, teachers, and visitors

to the classrooms, or laboratories, and field sites used for the

course or training. ~~The courses for which protective devices are~~

~~required are:~~

~~(a) Vocational or industrial arts shops or laboratories~~

~~involving the use of or working with hot molten metals; milling,~~

~~sawing, turning, shaping, grinding, cutting, or stamping of solid~~

~~materials; heat treatment, tempering, or kiln firing of metal or~~

~~other materials; gas or electric arc welding; repair or servicing~~

~~of vehicles; or caustic or explosive materials.~~

~~(b) Chemical or combined chemical-physical laboratory work~~

~~involving acid, caustic, or explosive chemicals or hot liquids or~~

~~solids.~~

~~(2) The state board shall promulgate rules to enforce this~~

~~section.~~

~~(3) As used in this section, "industrial quality eye~~

~~protective device" means a device meeting the standards of the~~

~~American standard safety code for head, eye, and respiratory~~

~~protection, Z87.1-1968, promulgated by the American standards~~

~~association, incorporated.~~

Sec. 1310a. (1) At least annually, each school board shall

prepare and submit to the superintendent of public instruction, in

the form and manner prescribed by the superintendent of public

instruction, a report stating the number of pupils expelled from

the school district during the immediately preceding school year,

with a brief description of the incident that caused each

expulsion.

(2) In order to obtain an accurate local ~~and statewide~~ picture

of school crime and to develop the partnerships necessary to plan

and implement school safety programs, at least annually, each

school board shall ~~report to the superintendent of public~~

~~instruction,~~ post on its website, in the form and manner prescribed

by the superintendent of public instruction, incidents of crime

occurring at school within the school district. In determining the

form and manner of this report, the superintendent of public

instruction shall consult with local and intermediate school

districts and law enforcement officials. The reporting shall

include at least crimes involving physical violence, gang-related

activity, illegal possession of a controlled substance or

controlled substance analogue, or other intoxicant, trespassing,

and property crimes including, but not limited to, theft and

vandalism. For a property crime, the report shall include an

estimate of the cost to the school district resulting from the

property crime. The school crime reporting requirements of this

subsection are intended to do all of the following:

(a) Help policymakers and program designers ~~at the local and~~

~~state levels~~ develop appropriate prevention and intervention

programs.

(b) Provide the continuous assessment tools needed for

revising and refining school safety programs.

pressing safety issues confronting their school communities, to

Senate Bill No. 754 as amended April 23, 2016

direct resources appropriately, and to enhance campus safety

through prevention and intervention strategies.

(d) Foster the creation of partnerships among schools, school

districts, state agencies, communities, law enforcement, and the

media to prevent further crime and violence and to assure a safe

learning environment for every pupil.

(3) Each school building shall collect and keep current on a

weekly basis the information required for the report under

subsection (2) and must provide that information, within 7 days,

upon request. At least annually, each school board shall make a

copy disaggregated by school building, of the most recent report

for the school district under subsection (2) available to the

parent or legal guardian of each pupil enrolled in the school

district.

(4) As used in this section, "at school", "school board", and

"school district" mean those terms as defined in section 1310.

Sec. 1525. (1) State and federal funds appropriated by the

legislature to support professional development and education may

be used for the following:

(a) Professional development programs for administrators and

teachers. These programs shall emphasize the improvement of

teaching and pupils' learning of academic core curriculum

objectives, as measured by <<~~Michigan educational assessment program,~~

the Michigan student test of educational progress (M-STEP),>>

the Michigan merit examination, and other criterion - reference

assessments; collaborative decision-making; site-based management;

the process of school improvement; instructional leadership; and

the use of data and assessment instruments to improve teaching and

learning for all pupils.

(b) A biennial education policy leadership institute. The

state board shall organize and convene a biennial education policy

leadership institute for the governor, the lieutenant governor, the

state board, the state superintendent, the legislature, and the

presidents of the state board approved teacher education

institutions, and the staff of each as may be considered

appropriate, to examine the most current public education policy

issues and initiatives and the appropriate role of policy leaders.

the state board.

(d) A principal leadership academy. The department, in

collaboration with statewide associations of school principals,

shall establish the principal leadership academy. The principal

leadership academy shall consist of training for school principals

that is conducted by other school principals who have a record of

demonstrated success in improving pupil performance. The department

shall solicit input from school district superintendents and

intermediate superintendents to compile a list of successful school

principals who would likely be effective in conducting the training

at the principal leadership academy and shall select school

principals to conduct the training from this list. The training

shall include all aspects of successful school leadership,

including at least all of the following:

(i) Strategies for increasing parental involvement.

(ii) Strategies for engaging community support and

involvement.

(iii) Creative problem-solving.

(iv) Financial decision-making.

(v) Management rights and techniques.

(vi) Other strategies for improving school leadership to

achieve better pupil performance.

(e) Community leadership development. The state board, in

conjunction with intermediate school districts, shall conduct a

leadership development training program in each school district for

members of the community.

(f) Promotion of high educational standards. The state board,

in collaboration with the business community and educators, shall

coordinate and assist in the promotion of a statewide public

education and information program concerning the need to achieve

world class educational standards in the public schools of this

state.

(g) Sabbatical leaves. School districts shall provide

sabbatical leaves for up to 1 academic year for selected master

teachers who aid in professional development.

(h) Any other purpose authorized in the appropriation for

professional development in the state school aid act of 1979.

~~(2) In order to receive professional development funding~~

~~described in subsection (1), each school district and intermediate~~

~~school district shall prepare and submit to the state board for~~

~~approval an annual professional development plan.~~

(2) ~~(3)~~ The state board may disapprove for state funding

proposed professional development that the state board finds to be

1 or more of the following:

(a) Not in furtherance of core academic curriculum needs.

(b) Not constituting serious, informed innovation.

of who sponsors or conducts the education or training.

(d) Not in compliance with the requirements of section 1526.

Sec. 1535a. (1) Subject to subsection (2), if a person who

holds a teaching certificate that is valid in this state has been

convicted of a crime described in this subsection, within 10

working days after receiving notice of the conviction the

superintendent of public instruction shall notify the person in

writing that his or her teaching certificate may be suspended

because of the conviction and of his or her right to a hearing

before the superintendent of public instruction. The hearing shall

be conducted as a contested case under the administrative

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. If the

person does not avail himself or herself of this right to a hearing

within 15 working days after receipt of this written notification,

the teaching certificate of that person shall be suspended. If a

hearing takes place, the superintendent of public instruction shall

complete the proceedings and make a final decision and order within

120 working days after receiving the request for a hearing. Subject

to subsection (2), the superintendent of public instruction may

suspend the person's teaching certificate based upon the issues and

evidence presented at the hearing. This subsection applies to any

of the following crimes:

(a) Any felony.

(b) Any of the following misdemeanors:

(i) Criminal sexual conduct in the fourth degree or an attempt

to commit criminal sexual conduct in the fourth degree.

(ii) Child abuse in the third or fourth degree or an attempt

to commit child abuse in the third or fourth degree.

(iii) A misdemeanor involving cruelty, torture, or indecent

exposure involving a child.

(iv) A misdemeanor violation of section 7410 of the public

health code, 1978 PA 368, MCL 333.7410.

(v) A violation of section 115, 141a, 335a, or 359 of the

Michigan penal code, 1931 PA 328, MCL 750.115, 750.141a, 750.335a,

and 750.359, or a misdemeanor violation of section 81, 81a, or 145d

of the Michigan penal code, 1931 PA 328, MCL 750.81, 750.81a, and

750.145d.

(vi) A misdemeanor violation of section 701 of the Michigan

liquor control code of 1998, 1998 PA 58, MCL 436.1701.

(vii) Any misdemeanor that is a listed offense.

state, of a political subdivision of this state or another state,

or of the United States.

(2) If a person who holds a teaching certificate that is valid

in this state has been convicted of a crime described in this

subsection, the superintendent of public instruction shall find

that the public health, safety, or welfare requires emergency

action and shall order summary suspension of the person's teaching

certificate under section 92 of the administrative procedures act

of 1969, 1969 PA 306, MCL 24.292, and shall subsequently provide an

opportunity for a hearing as provided under that section. This

subsection does not limit the superintendent of public

instruction's ability to order summary suspension of a person's

teaching certificate for a reason other than described in this

subsection. This subsection applies to conviction of any of the

following crimes:

(a) Criminal sexual conduct in any degree, assault with intent

to commit criminal sexual conduct, or an attempt to commit criminal

sexual conduct in any degree.

(b) Felonious assault on a child, child abuse in the first

degree, or an attempt to commit child abuse in the first degree.

(d) A violation of section 7401(2)(a)(i), 7403(2)(a)(i), 7410,

or 7416 of the public health code, 1978 PA 368, MCL 333.7401,

333.7403, 333.7410, and 333.7416.

(e) A violation of section 83, 89, 91, 145a, 145b, 145c, 316,

317, 350, 448, 455, or 529 of the Michigan penal code, 1931 PA 328,

MCL 750.83, 750.89, 750.91, 750.145a, 750.145b, 750.145c, 750.316,

750.317, 750.350, 750.448, 750.455, and 750.529, or a felony

violation of section 145d of the Michigan penal code, 1931 PA 328,

MCL 750.145d.

(f) A violation of section 158 of the Michigan penal code,

1931 PA 328, MCL 750.158, if a victim is an individual less than 18

years of age.

(g) Except for a juvenile disposition or adjudication, a

violation of section 338, 338a, or 338b of the Michigan penal code,

1931 PA 328, MCL 750.338, 750.338a, and 750.338b, if a victim is an

individual less than 18 years of age.

(h) A violation of section 349 of the Michigan penal code,

1931 PA 328, MCL 750.349, if a victim is an individual less than 18

years of age.

(i) An offense committed by a person who was, at the time of

the offense, a sexually delinquent person as defined in section 10a

of the Michigan penal code, 1931 PA 328, MCL 750.10a.

(j) Any other crime that is a listed offense.

(k) An attempt or conspiracy to commit an offense listed in

subdivision (a), (e), (f), (g), (h), (i), or (j).

(l) A violation of a substantially similar law of another

state, of a political subdivision of this state or another state,

or of the United States.

(m) Any other crime listed in subsection (1), if the

superintendent of public instruction determines the public health,

safety, or welfare requires emergency action based on the

circumstances underlying the conviction.

(3) All of the following apply to any proceedings affecting a

person's teaching certificate under this section:

(a) The superintendent of public instruction shall appoint a

designee to perform the investigatory and prosecutorial functions

involved in the proceedings. However, the superintendent of public

instruction must approve any settlement, conditional agreement, or

other decision not to proceed with charges.

(b) Any final action that affects the status of a person's

teaching certificate shall be taken by the superintendent of public

instruction.

shall not take action against a person's teaching certificate under

subsection (1) or (2) unless the superintendent of public

instruction finds that the conviction is reasonably and adversely

related to the person's present fitness to serve in an elementary

or secondary school in this state or that the conviction

demonstrates that the person is unfit to teach in an elementary or

secondary school in this state. Further, the superintendent of

public instruction may take action against a person's teaching

certificate under subsection (1) or (2) based on a conviction that

occurred before April 1, 2004 if the superintendent of public

instruction finds that the conviction is reasonably and adversely

related to the person's present fitness to serve in an elementary

or secondary school in this state or that the conviction

demonstrates that the person is unfit to teach in an elementary or

secondary school in this state. For the purposes of this section,

conviction of a listed offense is reasonably and adversely related

to the person's fitness to serve in an elementary or secondary

school in this state and demonstrates that the person is unfit to

teach in an elementary or secondary school in this state.

(4) If a person who has entered a plea of guilt or no contest

to or who is the subject of a finding of guilt by a judge or jury

of a crime listed in subsection (2) has been suspended from active

performance of duty by a public school, school district,

intermediate school district, or nonpublic school during the

pendency of proceedings under this section, the public school,

school district, intermediate school district, or nonpublic school

employing the person shall discontinue the person's compensation

until the superintendent of public instruction has made a final

determination of whether or not to suspend or revoke the person's

teaching certificate. If the superintendent of public instruction

does not suspend or revoke the person's teaching certificate, the

public school, school district, intermediate school district, or

nonpublic school shall make the person whole for lost compensation,

without interest. ~~However, if a collective bargaining agreement is~~

~~in effect as of January 1, 2006 for employees of a school district,~~

~~intermediate school district, or public school academy, and if the~~

~~terms of that collective bargaining agreement are inconsistent 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) Except as otherwise provided in this subsection, after the

completion of a person's sentence, the person may request a hearing

on reinstatement of his or her teaching certificate. Based upon the

issues and evidence presented at the hearing, the superintendent of

public instruction may reinstate, continue the suspension of, or

permanently revoke the person's teaching certificate. The

superintendent of public instruction shall not reinstate a person's

teaching certificate unless the superintendent of public

instruction finds that the person is currently fit to serve in an

elementary or secondary school in this state and that reinstatement

of the person's teaching certificate will not adversely affect the

health, safety, and welfare of pupils. If a person's conviction was

for a listed offense, the person is not entitled to request a

hearing on reinstatement under this subsection, and the

superintendent of public instruction shall not reinstate the

person's teaching certificate under this subsection.

(6) All of the following apply to a person described in this

section whose conviction is reversed upon final appeal:

(a) The person's teaching certificate shall be reinstated upon

his or her notification to the superintendent of public instruction

of the reversal.

(b) If the suspension of the person's teaching certificate

under this section was the sole cause of his or her discharge from

employment, the person shall be reinstated, upon his or her

notification to the appropriate local or intermediate school board

of the reversal, with full rights and benefits, to the position he

or she would have had if he or she had been continuously employed.

subsection (4), the public school, school district, intermediate

school district, or nonpublic school shall make the person whole

for lost compensation.

(7) If the prosecuting attorney in charge of a case receives a

form as provided under section 1230d, the prosecuting attorney

shall notify the superintendent of public instruction, and any

public school, school district, intermediate school district, or

nonpublic school in which the person is employed by forwarding a

copy of the form to each of them not later than 7 days after

receiving the form. If the court receives a form as provided under

section 1230d, the court shall notify the superintendent of public

instruction and any public school, school district, intermediate

school district, or nonpublic school in which the person is

employed by forwarding to each of them a copy of the form and

information regarding the sentence imposed on the person not later

than 7 days after the date of sentencing, even if the court is

maintaining the file as a nonpublic record.

(8) Not later than 7 days after receiving notification from

the prosecuting attorney or the court under subsection (7) or

learning through an authoritative source that a person who holds a

teaching certificate has been convicted of a crime listed in

subsection (1), the superintendent of public instruction shall

request the court to provide a certified copy of the judgment of

conviction and sentence or other document regarding the disposition

of the case to the superintendent of public instruction and shall

pay any fees required by the court. The court shall provide this

certified copy within 7 days after receiving the request and fees

under this section or after entry of the judgment or other

document, whichever is later, even if the court is maintaining the

judgment or other document as a nonpublic record.

(9) If the superintendent of a school district or intermediate

school district, the chief administrative officer of a nonpublic

school, the president of the board of a school district or

intermediate school district, or the president of the governing

board of a nonpublic school is notified or learns through an

authoritative source that a person who holds a teaching certificate

and who is employed by the school district, intermediate school

district, or nonpublic school has been convicted of a crime

described in subsection (1) or (2), the superintendent, chief

administrative officer, or board president shall notify the

superintendent of public instruction of that conviction within 15

days after learning of the conviction.

(10) For the purposes of this section, a certified copy of the

judgment of conviction and sentence is conclusive evidence of

conviction of a crime described in this section. For the purposes

of this section, conviction of a crime described in this section is

considered to be reasonably and adversely related to the ability of

the person to serve in an elementary or secondary school and is

sufficient grounds for suspension or revocation of the person's

teaching certificate.

(11) For any hearing under subsection (1), if the

superintendent of public instruction does not make a final decision

and order within 120 working days after receiving the request for

the hearing, as required under subsection (1), the superintendent

of public instruction shall submit a report detailing the reasons

for the delay to the standing committees and appropriations

subcommittees of the senate and house of representatives that have

jurisdiction over education and education appropriations. The

failure of the superintendent of public instruction to make a final

decision and order within this 120 working day time limit, or the

failure of any other official or agency to meet a time limit

prescribed in this section, does not affect the validity of an

action taken under this section affecting a person's teaching

certificate.

(12) ~~Beginning July 1, 2004, the~~ The superintendent of public

instruction shall submit to the legislature ~~a quarterly~~ an annual

report of all final actions he or she has taken under this section

affecting a person's teaching certificate during the preceding

~~quarter.~~ year. The report shall contain at least all of the

following with respect to each person whose teaching certificate

has been affected:

(a) The person's name, as it appears on the teaching

certificate.

(b) The school district, intermediate school district, public

school academy, or nonpublic school in which the person was

employed at the time of the conviction, if any.

date of the offense and date of the conviction.

(d) Whether the action taken by the superintendent of public

instruction was a summary suspension, suspension due to failure to

request a hearing, suspension, revocation, or reinstatement of the

teaching certificate.

(13) This section does not do any of the following:

(a) Prohibit a person who holds a teaching certificate from

seeking monetary compensation from a school board or intermediate

school board if that right is available under a collective

bargaining agreement or another statute.

(b) Limit the rights and powers granted to a school district

or intermediate school district under a collective bargaining

agreement, this act, or another statute to discipline or discharge

a person who holds a teaching certificate.

(14) The superintendent of public instruction may promulgate,

as necessary, rules to implement this section pursuant to the

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

24.328.

(15) The department of ~~information~~ technology, management, and

budget shall work with the department and the department of state

police to develop and implement an automated program that does a

comparison of the department's list of individuals holding a

teaching certificate or state board approval, and of any other list

maintained by the department of individuals employed or regularly

and continuously working under contract in a school, with the

conviction information received by the department of state police.

This comparison shall only include individuals who are actually

school employees at the time of the comparison or who are regularly

and continuously working under contract at the time of the

comparison. Unless otherwise prohibited by law, this comparison

shall include convictions contained in a nonpublic record. The

department and the department of state police shall perform this

comparison during January and June of each year until July 1, 2008.

The department of state police shall take all reasonable and

necessary measures using the available technology to ensure the

accuracy of this comparison before transmitting the information

under this subsection to the department. The department shall take

all reasonable and necessary measures using the available

technology to ensure the accuracy of this comparison before

notifying a school district, intermediate school district, public

school academy, or nonpublic school of a conviction. If a

comparison discloses that a person on the department's list of

individuals holding a teaching certificate or state board approval

has been convicted of a crime, or if the department is otherwise

notified by the department of state police that such a person has

been convicted of a crime, the department shall notify the

superintendent or chief administrator and the board or governing

body of the school district, intermediate school district, public

school academy, or nonpublic school in which the person is employed

of that conviction.

(16) As used in this section:

(a) "Conviction" means a judgment entered by a court upon a

plea of guilty, guilty but mentally ill, or nolo contendere or upon

a jury verdict or court finding that a defendant is guilty or

guilty but mentally ill.

(b) "Felony" means that term as defined in section 1 of

chapter I of the code of criminal procedure, 1927 PA 175, MCL

761.1.

of the sex offenders registration act, 1994 PA 295, MCL 28.722.

(d) "Prosecuting attorney" means the prosecuting attorney for

a county, an assistant prosecuting attorney for a county, the

attorney general, the deputy attorney general, an assistant

attorney general, a special prosecuting attorney, or, in connection

with the prosecution of an ordinance violation, an attorney for the

political subdivision that enacted the ordinance upon which the

violation is based.

(e) "Regularly and continuously work under contract" means

that term as defined in section 1230d.

Sec. 1539b. (1) Subject to subsection (2), if a person who

holds state board approval has been convicted of a crime described

in this subsection, within 10 working days after receiving notice

of the conviction the superintendent of public instruction shall

notify the person in writing that his or her state board approval

may be suspended because of the conviction and of his or her right

to a hearing before the superintendent of public instruction. The

hearing shall be conducted as a contested case under the

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

24.328. If the person does not avail himself or herself of this

right to a hearing within 15 working days after receipt of this

written notification, the person's state board approval shall be

suspended. If a hearing takes place, the superintendent of public

instruction shall complete the proceedings and make a final

decision and order within 120 working days after receiving the

request for a hearing. Subject to subsection (2), the

superintendent of public instruction may suspend the person's state

board approval, based upon the issues and evidence presented at the

hearing. This subsection applies to any of the following crimes:

(a) Any felony.

(b) Any of the following misdemeanors:

(i) Criminal sexual conduct in the fourth degree or an attempt

to commit criminal sexual conduct in the fourth degree.

(ii) Child abuse in the third or fourth degree or an attempt

to commit child abuse in the third or fourth degree.

(iii) A misdemeanor involving cruelty, torture, or indecent

exposure involving a child.

(iv) A misdemeanor violation of section 7410 of the public

health code, 1978 PA 368, MCL 333.7410.

(v) A violation of section 115, 141a, 335a, or 359 of the

Michigan penal code, 1931 PA 328, MCL 750.115, 750.141a, 750.335a,

and 750.359, or a misdemeanor violation of section 81, 81a, or 145d

of the Michigan penal code, 1931 PA 328, MCL 750.81, 750.81a, and

750.145d.

(vi) A misdemeanor violation of section 701 of the Michigan

liquor control code of 1998, 1998 PA 58, MCL 436.1701.

(vii) Any misdemeanor that is a listed offense.

state, of a political subdivision of this state or another state,

or of the United States.

(2) If a person who holds state board approval has been

convicted of a crime described in this subsection, the

superintendent of public instruction shall find that the public

health, safety, or welfare requires emergency action and shall

order summary suspension of the person's state board approval under

section 92 of the administrative procedures act of 1969, 1969 PA

306, MCL 24.292, and shall subsequently provide an opportunity for

a hearing as required under that section. This subsection does not

limit the superintendent of public instruction's ability to order

summary suspension of a person's state board approval for a reason

other than described in this subsection. This subsection applies to

conviction of any of the following crimes:

(a) Criminal sexual conduct in any degree, assault with intent

to commit criminal sexual conduct, or an attempt to commit criminal

sexual conduct in any degree.

(b) Felonious assault on a child, child abuse in the first

degree, or an attempt to commit child abuse in the first degree.

(d) A violation of section 7401(2)(a)(i), 7403(2)(a)(i), 7410,

or 7416 of the public health code, 1978 PA 368, MCL 333.7401,

333.7403, 333.7410, and 333.7416.

(e) A violation of section 83, 89, 91, 145a, 145b, 145c, 316,

317, 350, 448, 455, or 529 of the Michigan penal code, 1931 PA 328,

MCL 750.83, 750.89, 750.91, 750.145a, 750.145b, 750.145c, 750.316,

750.317, 750.350, 750.448, 750.455, and 750.529, or a felony

violation of section 145d of the Michigan penal code, 1931 PA 328,

MCL 750.145d.

(f) A violation of section 158 of the Michigan penal code,

1931 PA 328, MCL 750.158, if a victim is an individual less than 18

years of age.

(g) Except for a juvenile disposition or adjudication, a

violation of section 338, 338a, or 338b of the Michigan penal code,

1931 PA 328, MCL 750.338, 750.338a, and 750.338b, if a victim is an

individual less than 18 years of age.

(h) A violation of section 349 of the Michigan penal code,

1931 PA 328, MCL 750.349, if a victim is an individual less than 18

years of age.

(i) An offense committed by a person who was, at the time of

the offense, a sexually delinquent person as defined in section 10a

of the Michigan penal code, 1931 PA 328, MCL 750.10a.

(j) Any other crime that is a listed offense.

(k) An attempt or conspiracy to commit an offense listed in

subdivision (a), (e), (f), (g), (h), (i), or (j).

(l) A violation of a substantially similar law of another

state, of a political subdivision of this state or another state,

or of the United States.

(m) Any other crime listed in subsection (1), if the

superintendent of public instruction determines the public health,

safety, or welfare requires emergency action based on the

circumstances underlying the conviction.

(3) All of the following apply to any proceedings affecting a

person's state board approval under this section:

(a) The superintendent of public instruction shall appoint a

designee to perform the investigatory and prosecutorial functions

involved in the proceedings. However, the superintendent of public

instruction must approve any settlement, conditional agreement, or

other decision not to proceed with charges.

(b) Any final action that affects the status of a person's

state board approval shall be taken by the superintendent of public

instruction.

shall not take action against a person's state board approval under

subsection (1) or (2) unless the superintendent of public

instruction finds that the conviction is reasonably and adversely

related to the person's present fitness to serve in an elementary

or secondary school in this state or that the conviction

demonstrates that the person is unfit to teach in an elementary or

secondary school in this state. Further, the superintendent of

public instruction may take action against a person's state board

approval under subsection (1) or (2) based on a conviction that

occurred before April 1, 2004 if the superintendent of public

instruction finds that the conviction is reasonably and adversely

related to the person's present fitness to serve in an elementary

or secondary school in this state. For the purposes of this

section, conviction of a listed offense is reasonably and adversely

related to the person's fitness to serve in an elementary or

secondary school in this state and demonstrates that the person is

unfit to teach in an elementary or secondary school in this state.

(4) If a person who has entered a plea of guilt or no contest

to or who is the subject of a finding of guilt by a judge or jury

of a crime listed in subsection (2) has been suspended from active

performance of duty by a public school, school district,

intermediate school district, or nonpublic school during the

pendency of proceedings under this section, the public school,

school district, intermediate school district, or nonpublic school

employing the person shall discontinue the person's compensation

until the superintendent of public instruction has made a final

determination of whether or not to suspend or revoke the person's

state board approval. If the superintendent of public instruction

does not suspend or revoke the person's state board approval, the