Michigan 2023-2024 Regular Session

Michigan House Bill HB5269 Compare Versions

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1-Act No. 214 Public Acts of 2024 Approved by the Governor January 17, 2025 Filed with the Secretary of State January 17, 2025 EFFECTIVE DATE: April 17, 2025 state of michigan 102nd Legislature Regular session of 2024 Introduced by Reps. Koleszar, Glanville, Weiss and Conlin ENROLLED HOUSE BILL No. 5269 AN ACT to amend 1976 PA 451, entitled An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts, by amending sections 504a, 506, 525, 527, 557, 560, 1311h, and 1311k (MCL 380.504a, 380.506, 380.525, 380.527, 380.557, 380.560, 380.1311h, and 380.1311k), section 504a as amended and sections 525 and 527 as added by 2003 PA 179, section 506 as added by 1993 PA 362, sections 557 and 560 as added by 2009 PA 205, section 1311h as amended by 2012 PA 620, and section 1311k as added by 1999 PA 23. The People of the State of Michigan enact: Sec. 504a. In addition to other powers set forth in this part, a public school academy may take action to carry out the purposes for which it was incorporated under this part, including, but not limited to, all of the following: (a) To sue and be sued in its name. (b) Subject to section 503b, to acquire, hold, and own in its own name real and personal property, or interests in real or personal property, for educational purposes by purchase, gift, grant, devise, bequest, lease, sublease, installment purchase agreement, land contract, option, or condemnation, and subject to mortgages, security interests, or other liens; and to sell or convey the property as the interests of the public school academy require. (c) To receive, disburse, and pledge funds for lawful purposes. (d) To enter into binding legal agreements with persons or entities as necessary for the operation, management, financing, and maintenance of the public school academy, if the agreement is in compliance with sections 7 and 18 of the state school aid act of 1979, MCL 388.1607 and 388.1618. (e) To incur temporary debt in accordance with section 1225. (f) To solicit and accept any grants or gifts for educational purposes and to establish or permit to be established on its behalf 1 or more nonprofit corporations the purpose of which is to assist the public school academy in the furtherance of its public purposes. (g) To borrow money and issue bonds in accordance with section 1351a and in accordance with part VI of the revised municipal finance act, 2001 PA 34, MCL 141.2601 to 141.2613, except that the borrowing of money and issuance of bonds by a public school academy is not subject to section 1351a(4) or section 1351(2) to (4). Bonds issued under this section are full faith and credit obligations of the public school academy, pledging the general funds or any other money available for such a purpose. Bonds issued under this section are subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821. Sec. 506. (1) A public school academy, with the approval of the authorizing body, may employ or contract with personnel as necessary for the operation of the public school academy, prescribe the personnels duties, and fix the personnels compensation. (2) By not later than November 1 of each year, each public school academy shall post all of the following information on its website that is accessible to the public: (a) The average salary for new teachers and the average salary for veteran teachers employed by the public school academy or employed by an educational management organization and assigned to the public school academy, or, if there are fewer than 5 new teachers or 5 veteran teachers at the public school academy, the average salary for all teachers employed by the public school academy or employed by an educational management organization and assigned to the public school academy. (b) The average salary for support staff employed by the public school academy or employed by an educational management organization and assigned to the public school academy. (3) As used in this section: (a) Educational management organization means that term as defined in section 503c. (b) New teacher means an individual who has held a teaching certificate for less than 5 years. (c) Support staff includes, but is not limited to, student-facing paraprofessionals, food service workers, bus drivers, and literacy coaches. (d) Veteran teacher means an individual who has held a teaching certificate for 5 or more years. Sec. 525. In addition to other powers set forth in this part, an urban high school academy may take action to carry out the purposes for which it was incorporated under this part, including, but not limited to, all of the following: (a) To sue and be sued in its name. (b) Subject to section 523a, to acquire, hold, and own in its own name real and personal property, or interests in real or personal property, for educational purposes by purchase, gift, grant, devise, bequest, lease, sublease, installment purchase agreement, land contract, option, or condemnation, and subject to mortgages, security interests, or other liens; and to sell or convey the property as the interests of the urban high school academy require. (c) To receive, disburse, and pledge funds for lawful purposes. (d) To enter into binding legal agreements with persons or entities as necessary for the operation, management, financing, and maintenance of the urban high school academy, if the agreement is in compliance with sections 7 and 18 of the state school aid act of 1979, MCL 388.1607 and 388.1618. (e) To incur temporary debt in accordance with section 1225. (f) To solicit and accept any grants or gifts for educational purposes and to establish or permit to be established on its behalf 1 or more nonprofit corporations the purpose of which is to assist the urban high school academy in the furtherance of its public purposes. (g) To borrow money and issue bonds in accordance with section 1351a and in accordance with part VI of the revised municipal finance act, 2001 PA 34, MCL 141.2601 to 141.2613, except that the borrowing of money and issuance of bonds by an urban high school academy are not subject to section 1351a(4) or section 1351(2) to (4). Bonds issued under this section are full faith and credit obligations of the urban high school academy, pledging the general funds or any other money available for such a purpose. Bonds issued under this section are subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821. Sec. 527. (1) An urban high school academy, with the approval of the authorizing body, may employ or contract with personnel, or enter into a contract with another party to furnish teachers or other personnel, as necessary for the operation of the urban high school academy, prescribe the personnels duties, and fix the personnels compensation. (2) By not later than November 1 of each year, each urban high school academy shall post all of the following information on its website that is accessible to the public: (a) The average salary for new teachers and the average salary for veteran teachers employed by the urban high school academy or employed by an educational management organization and assigned to the urban high school academy, or, if there are fewer than 5 new teachers or 5 veteran teachers at the urban high school academy, the average salary for all teachers employed by the urban high school academy or employed by an educational management organization and assigned to the urban high school academy. (b) The average salary for support staff employed by the urban high school academy or employed by an educational management organization and assigned to the urban high school academy. (3) As used in this section: (a) Educational management organization means that term as defined in section 523c. (b) New teacher means an individual who has held a teaching certificate for less than 5 years. (c) Support staff includes, but is not limited to, student-facing paraprofessionals, food service workers, bus drivers, and literacy coaches. (d) Veteran teacher means an individual who has held a teaching certificate for 5 or more years. Sec. 557. In addition to other powers set forth in this part, a school of excellence may take action to carry out the purposes for which it was incorporated under this part, including, but not limited to, all of the following: (a) To sue and be sued in its name. (b) Subject to section 555, to acquire, hold, and own in its own name real and personal property, or interests in real or personal property, for educational purposes by purchase, gift, grant, devise, bequest, lease, sublease, installment purchase agreement, land contract, option, or condemnation, and subject to mortgages, security interests, or other liens; and to sell or convey the property as the interests of the school of excellence require. (c) To receive, disburse, and pledge funds for lawful purposes. (d) To enter into binding legal agreements with persons or entities as necessary for the operation, management, financing, and maintenance of the school of excellence, if the agreement is in compliance with sections 7 and 18 of the state school aid act of 1979, MCL 388.1607 and 388.1618. (e) To incur temporary debt in accordance with section 1225. (f) To solicit and accept any grants or gifts for educational purposes and to establish or permit to be established on its behalf 1 or more nonprofit corporations the purpose of which is to assist the school of excellence in the furtherance of its public purposes. (g) To borrow money and issue bonds in accordance with section 1351a and in accordance with part VI of the revised municipal finance act, 2001 PA 34, MCL 141.2601 to 141.2613, except that the borrowing of money and issuance of bonds by a school of excellence is not subject to section 1351a(4) or section 1351(2) to (4). Bonds issued under this section are full faith and credit obligations of the school of excellence, pledging the general funds or any other money available for such a purpose. Bonds issued under this section are subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821. Sec. 560. (1) A school of excellence, with the approval of the authorizing body, may employ or contract with personnel as necessary for the operation of the school of excellence, prescribe the personnels duties, and fix the personnels compensation. A school of excellence may implement and maintain a method of compensation for its employees that is based on job performance, job accomplishments, and job assignment in a subject area or school that is difficult to find employees to staff. (2) By not later than November 1 of each year, each school of excellence shall post all of the following information on its website that is accessible to the public: (a) The average salary for new teachers and the average salary for veteran teachers employed by the school of excellence or employed by an educational management organization and assigned to the school of excellence, or, if there are fewer than 5 new teachers or 5 veteran teachers at the school of excellence, the average salary for all teachers employed by the school of excellence or employed by an educational management organization and assigned to the school of excellence. (b) The average salary for support staff employed by the school of excellence or employed by an educational management organization and assigned to the school of excellence. (3) As used in this section: (a) Educational management organization means that term as defined in section 553c. (b) New teacher means an individual who has held a teaching certificate for less than 5 years. (c) Support staff includes, but is not limited to, student-facing paraprofessionals, food service workers, bus drivers, and literacy coaches. (d) Veteran teacher means an individual who has held a teaching certificate for 5 or more years. Sec. 1311h. (1) In addition to other powers set forth in sections 1311b to 1311m, a strict discipline academy may take action to carry out the purposes for which it was incorporated under sections 1311b to 1311m, including, but not limited to, all of the following: (a) To sue and be sued in its name. (b) To acquire, hold, and own in its own name real and personal property, or interests in real or personal property, for educational purposes by purchase, gift, grant, devise, bequest, lease, sublease, installment purchase agreement, land contract, option, or condemnation, and subject to mortgages, security interests, or other liens; and to sell or convey the property as the interests of the strict discipline academy require. (c) To receive and disburse funds for lawful purposes. (d) To enter into binding legal agreements with persons or entities as necessary for the operation, management, financing, and maintenance of the strict discipline academy, if the agreement is in compliance with sections 7 and 18 of the state school aid act of 1979, MCL 388.1607 and 388.1618. (e) To incur temporary debt in accordance with section 1225. (f) To solicit and accept any grants or gifts for educational purposes and to establish or permit to be established on its behalf 1 or more nonprofit corporations the purpose of which is to assist the strict discipline academy in the furtherance of its public purposes. (g) To borrow money and issue bonds in accordance with section 1351a and in accordance with part VI of the revised municipal finance act, 2001 PA 34, MCL 141.2601 to 141.2613, except that the borrowing of money and issuance of bonds by a strict discipline academy is not subject to section 1351a(4) or section 1351(2) to (4). Bonds issued under this section are full faith and credit obligations of the strict discipline academy, pledging the general funds or any other money available for such a purpose. Bonds issued under this section are subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821. Sec. 1311k. (1) A strict discipline academy, with the approval of the authorizing body, may employ or contract with personnel as necessary for the operation of the strict discipline academy, prescribe the personnels duties, and fix the personnels compensation. (2) By not later than November 1 of each year, each strict discipline academy shall post all of the following information on its website that is accessible to the public: (a) The average salary for new teachers and the average salary for veteran teachers employed by the strict discipline academy or employed by an educational management organization and assigned to the strict discipline academy, or, if there are fewer than 5 new teachers or 5 veteran teachers at the strict discipline academy, the average salary for all teachers employed by the strict discipline academy or employed by an educational management organization and assigned to the strict discipline academy. (b) The average salary for support staff employed by the strict discipline academy or employed by an educational management organization and assigned to the strict discipline academy. (3) As used in this section: (a) Educational management organization means an entity that enters into a management agreement with a strict discipline academy. (b) Entity means a partnership, nonprofit or business corporation, or any other association, corporation, trust, or other legal entity. (c) Management agreement means an agreement to provide comprehensive educational, administrative, management, or instructional services or staff to a strict discipline academy. (d) New teacher means an individual who has held a teaching certificate for less than 5 years. (e) Support staff includes, but is not limited to, student-facing paraprofessionals, food service workers, bus drivers, and literacy coaches. (f) Veteran teacher means an individual who has held a teaching certificate for 5 or more years. Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law. Clerk of the House of Representatives Secretary of the Senate Approved___________________________________________ ____________________________________________________ Governor
1+state of michigan 102nd Legislature Regular session of 2024 Introduced by Reps. Koleszar, Glanville, Weiss and Conlin ENROLLED HOUSE BILL No. 5269 AN ACT to amend 1976 PA 451, entitled ?An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,? by amending sections 504a, 506, 525, 527, 557, 560, 1311h, and 1311k (MCL 380.504a, 380.506, 380.525, 380.527, 380.557, 380.560, 380.1311h, and 380.1311k), section 504a as amended and sections 525 and 527 as added by 2003 PA 179, section 506 as added by 1993 PA 362, sections 557 and 560 as added by 2009 PA 205, section 1311h as amended by 2012 PA 620, and section 1311k as added by 1999 PA 23. The People of the State of Michigan enact: Sec. 504a. In addition to other powers set forth in this part, a public school academy may take action to carry out the purposes for which it was incorporated under this part, including, but not limited to, all of the following: (a) To sue and be sued in its name. (b) Subject to section 503b, to acquire, hold, and own in its own name real and personal property, or interests in real or personal property, for educational purposes by purchase, gift, grant, devise, bequest, lease, sublease, installment purchase agreement, land contract, option, or condemnation, and subject to mortgages, security interests, or other liens; and to sell or convey the property as the interests of the public school academy require. (c) To receive, disburse, and pledge funds for lawful purposes. (d) To enter into binding legal agreements with persons or entities as necessary for the operation, management, financing, and maintenance of the public school academy, if the agreement is in compliance with sections 7 and 18 of the state school aid act of 1979, MCL 388.1607 and 388.1618. (e) To incur temporary debt in accordance with section 1225. (f) To solicit and accept any grants or gifts for educational purposes and to establish or permit to be established on its behalf 1 or more nonprofit corporations the purpose of which is to assist the public school academy in the furtherance of its public purposes. (g) To borrow money and issue bonds in accordance with section 1351a and in accordance with part VI of the revised municipal finance act, 2001 PA 34, MCL 141.2601 to 141.2613, except that the borrowing of money and issuance of bonds by a public school academy is not subject to section 1351a(4) or section 1351(2) to (4). Bonds issued under this section are full faith and credit obligations of the public school academy, pledging the general funds or any other money available for such a purpose. Bonds issued under this section are subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821. Sec. 506. (1) A public school academy, with the approval of the authorizing body, may employ or contract with personnel as necessary for the operation of the public school academy, prescribe the personnel?s duties, and fix the personnel?s compensation. (2) By not later than November 1 of each year, each public school academy shall post all of the following information on its website that is accessible to the public: (a) The average salary for new teachers and the average salary for veteran teachers employed by the public school academy or employed by an educational management organization and assigned to the public school academy, or, if there are fewer than 5 new teachers or 5 veteran teachers at the public school academy, the average salary for all teachers employed by the public school academy or employed by an educational management organization and assigned to the public school academy. (b) The average salary for support staff employed by the public school academy or employed by an educational management organization and assigned to the public school academy. (3) As used in this section: (a) ?Educational management organization? means that term as defined in section 503c. (b) ?New teacher? means an individual who has held a teaching certificate for less than 5 years. (c) ?Support staff? includes, but is not limited to, student-facing paraprofessionals, food service workers, bus drivers, and literacy coaches. (d) ?Veteran teacher? means an individual who has held a teaching certificate for 5 or more years. Sec. 525. In addition to other powers set forth in this part, an urban high school academy may take action to carry out the purposes for which it was incorporated under this part, including, but not limited to, all of the following: (a) To sue and be sued in its name. (b) Subject to section 523a, to acquire, hold, and own in its own name real and personal property, or interests in real or personal property, for educational purposes by purchase, gift, grant, devise, bequest, lease, sublease, installment purchase agreement, land contract, option, or condemnation, and subject to mortgages, security interests, or other liens; and to sell or convey the property as the interests of the urban high school academy require. (c) To receive, disburse, and pledge funds for lawful purposes. (d) To enter into binding legal agreements with persons or entities as necessary for the operation, management, financing, and maintenance of the urban high school academy, if the agreement is in compliance with sections 7 and 18 of the state school aid act of 1979, MCL 388.1607 and 388.1618. (e) To incur temporary debt in accordance with section 1225. (f) To solicit and accept any grants or gifts for educational purposes and to establish or permit to be established on its behalf 1 or more nonprofit corporations the purpose of which is to assist the urban high school academy in the furtherance of its public purposes. (g) To borrow money and issue bonds in accordance with section 1351a and in accordance with part VI of the revised municipal finance act, 2001 PA 34, MCL 141.2601 to 141.2613, except that the borrowing of money and issuance of bonds by an urban high school academy are not subject to section 1351a(4) or section 1351(2) to (4). Bonds issued under this section are full faith and credit obligations of the urban high school academy, pledging the general funds or any other money available for such a purpose. Bonds issued under this section are subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821. Sec. 527. (1) An urban high school academy, with the approval of the authorizing body, may employ or contract with personnel, or enter into a contract with another party to furnish teachers or other personnel, as necessary for the operation of the urban high school academy, prescribe the personnel?s duties, and fix the personnel?s compensation. (2) By not later than November 1 of each year, each urban high school academy shall post all of the following information on its website that is accessible to the public: (a) The average salary for new teachers and the average salary for veteran teachers employed by the urban high school academy or employed by an educational management organization and assigned to the urban high school academy, or, if there are fewer than 5 new teachers or 5 veteran teachers at the urban high school academy, the average salary for all teachers employed by the urban high school academy or employed by an educational management organization and assigned to the urban high school academy. (b) The average salary for support staff employed by the urban high school academy or employed by an educational management organization and assigned to the urban high school academy. (3) As used in this section: (a) ?Educational management organization? means that term as defined in section 523c. (b) ?New teacher? means an individual who has held a teaching certificate for less than 5 years. (c) ?Support staff? includes, but is not limited to, student-facing paraprofessionals, food service workers, bus drivers, and literacy coaches. (d) ?Veteran teacher? means an individual who has held a teaching certificate for 5 or more years. Sec. 557. In addition to other powers set forth in this part, a school of excellence may take action to carry out the purposes for which it was incorporated under this part, including, but not limited to, all of the following: (a) To sue and be sued in its name. (b) Subject to section 555, to acquire, hold, and own in its own name real and personal property, or interests in real or personal property, for educational purposes by purchase, gift, grant, devise, bequest, lease, sublease, installment purchase agreement, land contract, option, or condemnation, and subject to mortgages, security interests, or other liens; and to sell or convey the property as the interests of the school of excellence require. (c) To receive, disburse, and pledge funds for lawful purposes. (d) To enter into binding legal agreements with persons or entities as necessary for the operation, management, financing, and maintenance of the school of excellence, if the agreement is in compliance with sections 7 and 18 of the state school aid act of 1979, MCL 388.1607 and 388.1618. (e) To incur temporary debt in accordance with section 1225. (f) To solicit and accept any grants or gifts for educational purposes and to establish or permit to be established on its behalf 1 or more nonprofit corporations the purpose of which is to assist the school of excellence in the furtherance of its public purposes. (g) To borrow money and issue bonds in accordance with section 1351a and in accordance with part VI of the revised municipal finance act, 2001 PA 34, MCL 141.2601 to 141.2613, except that the borrowing of money and issuance of bonds by a school of excellence is not subject to section 1351a(4) or section 1351(2) to (4). Bonds issued under this section are full faith and credit obligations of the school of excellence, pledging the general funds or any other money available for such a purpose. Bonds issued under this section are subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821. Sec. 560. (1) A school of excellence, with the approval of the authorizing body, may employ or contract with personnel as necessary for the operation of the school of excellence, prescribe the personnel?s duties, and fix the personnel?s compensation. A school of excellence may implement and maintain a method of compensation for its employees that is based on job performance, job accomplishments, and job assignment in a subject area or school that is difficult to find employees to staff. (2) By not later than November 1 of each year, each school of excellence shall post all of the following information on its website that is accessible to the public: (a) The average salary for new teachers and the average salary for veteran teachers employed by the school of excellence or employed by an educational management organization and assigned to the school of excellence, or, if there are fewer than 5 new teachers or 5 veteran teachers at the school of excellence, the average salary for all teachers employed by the school of excellence or employed by an educational management organization and assigned to the school of excellence. (b) The average salary for support staff employed by the school of excellence or employed by an educational management organization and assigned to the school of excellence. (3) As used in this section: (a) ?Educational management organization? means that term as defined in section 553c. (b) ?New teacher? means an individual who has held a teaching certificate for less than 5 years. (c) ?Support staff? includes, but is not limited to, student-facing paraprofessionals, food service workers, bus drivers, and literacy coaches. (d) ?Veteran teacher? means an individual who has held a teaching certificate for 5 or more years. Sec. 1311h. (1) In addition to other powers set forth in sections 1311b to 1311m, a strict discipline academy may take action to carry out the purposes for which it was incorporated under sections 1311b to 1311m, including, but not limited to, all of the following: (a) To sue and be sued in its name. (b) To acquire, hold, and own in its own name real and personal property, or interests in real or personal property, for educational purposes by purchase, gift, grant, devise, bequest, lease, sublease, installment purchase agreement, land contract, option, or condemnation, and subject to mortgages, security interests, or other liens; and to sell or convey the property as the interests of the strict discipline academy require. (c) To receive and disburse funds for lawful purposes. (d) To enter into binding legal agreements with persons or entities as necessary for the operation, management, financing, and maintenance of the strict discipline academy, if the agreement is in compliance with sections 7 and 18 of the state school aid act of 1979, MCL 388.1607 and 388.1618. (e) To incur temporary debt in accordance with section 1225. (f) To solicit and accept any grants or gifts for educational purposes and to establish or permit to be established on its behalf 1 or more nonprofit corporations the purpose of which is to assist the strict discipline academy in the furtherance of its public purposes. (g) To borrow money and issue bonds in accordance with section 1351a and in accordance with part VI of the revised municipal finance act, 2001 PA 34, MCL 141.2601 to 141.2613, except that the borrowing of money and issuance of bonds by a strict discipline academy is not subject to section 1351a(4) or section 1351(2) to (4). Bonds issued under this section are full faith and credit obligations of the strict discipline academy, pledging the general funds or any other money available for such a purpose. Bonds issued under this section are subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821. Sec. 1311k. (1) A strict discipline academy, with the approval of the authorizing body, may employ or contract with personnel as necessary for the operation of the strict discipline academy, prescribe the personnel?s duties, and fix the personnel?s compensation. (2) By not later than November 1 of each year, each strict discipline academy shall post all of the following information on its website that is accessible to the public: (a) The average salary for new teachers and the average salary for veteran teachers employed by the strict discipline academy or employed by an educational management organization and assigned to the strict discipline academy, or, if there are fewer than 5 new teachers or 5 veteran teachers at the strict discipline academy, the average salary for all teachers employed by the strict discipline academy or employed by an educational management organization and assigned to the strict discipline academy. (b) The average salary for support staff employed by the strict discipline academy or employed by an educational management organization and assigned to the strict discipline academy. (3) As used in this section: (a) ?Educational management organization? means an entity that enters into a management agreement with a strict discipline academy. (b) ?Entity? means a partnership, nonprofit or business corporation, or any other association, corporation, trust, or other legal entity. (c) ?Management agreement? means an agreement to provide comprehensive educational, administrative, management, or instructional services or staff to a strict discipline academy. (d) ?New teacher? means an individual who has held a teaching certificate for less than 5 years. (e) ?Support staff? includes, but is not limited to, student-facing paraprofessionals, food service workers, bus drivers, and literacy coaches. (f) ?Veteran teacher? means an individual who has held a teaching certificate for 5 or more years. Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law. Clerk of the House of Representatives Secretary of the Senate Approved___________________________________________ ____________________________________________________ Governor
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3131 ENROLLED HOUSE BILL No. 5269
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33-AN ACT to amend 1976 PA 451, entitled An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts, by amending sections 504a, 506, 525, 527, 557, 560, 1311h, and 1311k (MCL 380.504a, 380.506, 380.525, 380.527, 380.557, 380.560, 380.1311h, and 380.1311k), section 504a as amended and sections 525 and 527 as added by 2003 PA 179, section 506 as added by 1993 PA 362, sections 557 and 560 as added by 2009 PA 205, section 1311h as amended by 2012 PA 620, and section 1311k as added by 1999 PA 23.
33+AN ACT to amend 1976 PA 451, entitled ?An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,? by amending sections 504a, 506, 525, 527, 557, 560, 1311h, and 1311k (MCL 380.504a, 380.506, 380.525, 380.527, 380.557, 380.560, 380.1311h, and 380.1311k), section 504a as amended and sections 525 and 527 as added by 2003 PA 179, section 506 as added by 1993 PA 362, sections 557 and 560 as added by 2009 PA 205, section 1311h as amended by 2012 PA 620, and section 1311k as added by 1999 PA 23.
3434
3535 The People of the State of Michigan enact:
3636
3737 Sec. 504a. In addition to other powers set forth in this part, a public school academy may take action to carry out the purposes for which it was incorporated under this part, including, but not limited to, all of the following:
3838
3939 (a) To sue and be sued in its name.
4040
4141 (b) Subject to section 503b, to acquire, hold, and own in its own name real and personal property, or interests in real or personal property, for educational purposes by purchase, gift, grant, devise, bequest, lease, sublease, installment purchase agreement, land contract, option, or condemnation, and subject to mortgages, security interests, or other liens; and to sell or convey the property as the interests of the public school academy require.
4242
4343 (c) To receive, disburse, and pledge funds for lawful purposes.
4444
4545 (d) To enter into binding legal agreements with persons or entities as necessary for the operation, management, financing, and maintenance of the public school academy, if the agreement is in compliance with sections 7 and 18 of the state school aid act of 1979, MCL 388.1607 and 388.1618.
4646
4747 (e) To incur temporary debt in accordance with section 1225.
4848
4949 (f) To solicit and accept any grants or gifts for educational purposes and to establish or permit to be established on its behalf 1 or more nonprofit corporations the purpose of which is to assist the public school academy in the furtherance of its public purposes.
5050
5151 (g) To borrow money and issue bonds in accordance with section 1351a and in accordance with part VI of the revised municipal finance act, 2001 PA 34, MCL 141.2601 to 141.2613, except that the borrowing of money and issuance of bonds by a public school academy is not subject to section 1351a(4) or section 1351(2) to (4). Bonds issued under this section are full faith and credit obligations of the public school academy, pledging the general funds or any other money available for such a purpose. Bonds issued under this section are subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.
5252
5353
5454
55-Sec. 506. (1) A public school academy, with the approval of the authorizing body, may employ or contract with personnel as necessary for the operation of the public school academy, prescribe the personnels duties, and fix the personnels compensation.
55+Sec. 506. (1) A public school academy, with the approval of the authorizing body, may employ or contract with personnel as necessary for the operation of the public school academy, prescribe the personnel?s duties, and fix the personnel?s compensation.
5656
5757 (2) By not later than November 1 of each year, each public school academy shall post all of the following information on its website that is accessible to the public:
5858
5959 (a) The average salary for new teachers and the average salary for veteran teachers employed by the public school academy or employed by an educational management organization and assigned to the public school academy, or, if there are fewer than 5 new teachers or 5 veteran teachers at the public school academy, the average salary for all teachers employed by the public school academy or employed by an educational management organization and assigned to the public school academy.
6060
6161 (b) The average salary for support staff employed by the public school academy or employed by an educational management organization and assigned to the public school academy.
6262
6363 (3) As used in this section:
6464
65-(a) Educational management organization means that term as defined in section 503c.
65+(a) ?Educational management organization? means that term as defined in section 503c.
6666
67-(b) New teacher means an individual who has held a teaching certificate for less than 5 years.
67+(b) ?New teacher? means an individual who has held a teaching certificate for less than 5 years.
6868
69-(c) Support staff includes, but is not limited to, student-facing paraprofessionals, food service workers, bus drivers, and literacy coaches.
69+(c) ?Support staff? includes, but is not limited to, student-facing paraprofessionals, food service workers, bus drivers, and literacy coaches.
7070
71-(d) Veteran teacher means an individual who has held a teaching certificate for 5 or more years.
71+(d) ?Veteran teacher? means an individual who has held a teaching certificate for 5 or more years.
7272
7373
7474
7575 Sec. 525. In addition to other powers set forth in this part, an urban high school academy may take action to carry out the purposes for which it was incorporated under this part, including, but not limited to, all of the following:
7676
7777 (a) To sue and be sued in its name.
7878
7979 (b) Subject to section 523a, to acquire, hold, and own in its own name real and personal property, or interests in real or personal property, for educational purposes by purchase, gift, grant, devise, bequest, lease, sublease, installment purchase agreement, land contract, option, or condemnation, and subject to mortgages, security interests, or other liens; and to sell or convey the property as the interests of the urban high school academy require.
8080
8181 (c) To receive, disburse, and pledge funds for lawful purposes.
8282
8383 (d) To enter into binding legal agreements with persons or entities as necessary for the operation, management, financing, and maintenance of the urban high school academy, if the agreement is in compliance with sections 7 and 18 of the state school aid act of 1979, MCL 388.1607 and 388.1618.
8484
8585 (e) To incur temporary debt in accordance with section 1225.
8686
8787 (f) To solicit and accept any grants or gifts for educational purposes and to establish or permit to be established on its behalf 1 or more nonprofit corporations the purpose of which is to assist the urban high school academy in the furtherance of its public purposes.
8888
8989 (g) To borrow money and issue bonds in accordance with section 1351a and in accordance with part VI of the revised municipal finance act, 2001 PA 34, MCL 141.2601 to 141.2613, except that the borrowing of money and issuance of bonds by an urban high school academy are not subject to section 1351a(4) or section 1351(2) to (4). Bonds issued under this section are full faith and credit obligations of the urban high school academy, pledging the general funds or any other money available for such a purpose. Bonds issued under this section are subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.
9090
91-Sec. 527. (1) An urban high school academy, with the approval of the authorizing body, may employ or contract with personnel, or enter into a contract with another party to furnish teachers or other personnel, as necessary for the operation of the urban high school academy, prescribe the personnels duties, and fix the personnels compensation.
91+Sec. 527. (1) An urban high school academy, with the approval of the authorizing body, may employ or contract with personnel, or enter into a contract with another party to furnish teachers or other personnel, as necessary for the operation of the urban high school academy, prescribe the personnel?s duties, and fix the personnel?s compensation.
9292
9393 (2) By not later than November 1 of each year, each urban high school academy shall post all of the following information on its website that is accessible to the public:
9494
9595 (a) The average salary for new teachers and the average salary for veteran teachers employed by the urban high school academy or employed by an educational management organization and assigned to the urban high school academy, or, if there are fewer than 5 new teachers or 5 veteran teachers at the urban high school academy, the average salary for all teachers employed by the urban high school academy or employed by an educational management organization and assigned to the urban high school academy.
9696
9797 (b) The average salary for support staff employed by the urban high school academy or employed by an educational management organization and assigned to the urban high school academy.
9898
9999 (3) As used in this section:
100100
101-(a) Educational management organization means that term as defined in section 523c.
101+(a) ?Educational management organization? means that term as defined in section 523c.
102102
103-(b) New teacher means an individual who has held a teaching certificate for less than 5 years.
103+(b) ?New teacher? means an individual who has held a teaching certificate for less than 5 years.
104104
105-(c) Support staff includes, but is not limited to, student-facing paraprofessionals, food service workers, bus drivers, and literacy coaches.
105+(c) ?Support staff? includes, but is not limited to, student-facing paraprofessionals, food service workers, bus drivers, and literacy coaches.
106106
107-(d) Veteran teacher means an individual who has held a teaching certificate for 5 or more years.
107+(d) ?Veteran teacher? means an individual who has held a teaching certificate for 5 or more years.
108108
109109
110110
111111 Sec. 557. In addition to other powers set forth in this part, a school of excellence may take action to carry out the purposes for which it was incorporated under this part, including, but not limited to, all of the following:
112112
113113 (a) To sue and be sued in its name.
114114
115115 (b) Subject to section 555, to acquire, hold, and own in its own name real and personal property, or interests in real or personal property, for educational purposes by purchase, gift, grant, devise, bequest, lease, sublease, installment purchase agreement, land contract, option, or condemnation, and subject to mortgages, security interests, or other liens; and to sell or convey the property as the interests of the school of excellence require.
116116
117117 (c) To receive, disburse, and pledge funds for lawful purposes.
118118
119119 (d) To enter into binding legal agreements with persons or entities as necessary for the operation, management, financing, and maintenance of the school of excellence, if the agreement is in compliance with sections 7 and 18 of the state school aid act of 1979, MCL 388.1607 and 388.1618.
120120
121121 (e) To incur temporary debt in accordance with section 1225.
122122
123123 (f) To solicit and accept any grants or gifts for educational purposes and to establish or permit to be established on its behalf 1 or more nonprofit corporations the purpose of which is to assist the school of excellence in the furtherance of its public purposes.
124124
125125 (g) To borrow money and issue bonds in accordance with section 1351a and in accordance with part VI of the revised municipal finance act, 2001 PA 34, MCL 141.2601 to 141.2613, except that the borrowing of money and issuance of bonds by a school of excellence is not subject to section 1351a(4) or section 1351(2) to (4). Bonds issued under this section are full faith and credit obligations of the school of excellence, pledging the general funds or any other money available for such a purpose. Bonds issued under this section are subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.
126126
127127
128128
129-Sec. 560. (1) A school of excellence, with the approval of the authorizing body, may employ or contract with personnel as necessary for the operation of the school of excellence, prescribe the personnels duties, and fix the personnels compensation. A school of excellence may implement and maintain a method of compensation for its employees that is based on job performance, job accomplishments, and job assignment in a subject area or school that is difficult to find employees to staff.
129+Sec. 560. (1) A school of excellence, with the approval of the authorizing body, may employ or contract with personnel as necessary for the operation of the school of excellence, prescribe the personnel?s duties, and fix the personnel?s compensation. A school of excellence may implement and maintain a method of compensation for its employees that is based on job performance, job accomplishments, and job assignment in a subject area or school that is difficult to find employees to staff.
130130
131131 (2) By not later than November 1 of each year, each school of excellence shall post all of the following information on its website that is accessible to the public:
132132
133133 (a) The average salary for new teachers and the average salary for veteran teachers employed by the school of excellence or employed by an educational management organization and assigned to the school of excellence, or, if there are fewer than 5 new teachers or 5 veteran teachers at the school of excellence, the average salary for all teachers employed by the school of excellence or employed by an educational management organization and assigned to the school of excellence.
134134
135135 (b) The average salary for support staff employed by the school of excellence or employed by an educational management organization and assigned to the school of excellence.
136136
137137 (3) As used in this section:
138138
139-(a) Educational management organization means that term as defined in section 553c.
139+(a) ?Educational management organization? means that term as defined in section 553c.
140140
141-(b) New teacher means an individual who has held a teaching certificate for less than 5 years.
141+(b) ?New teacher? means an individual who has held a teaching certificate for less than 5 years.
142142
143-(c) Support staff includes, but is not limited to, student-facing paraprofessionals, food service workers, bus drivers, and literacy coaches.
143+(c) ?Support staff? includes, but is not limited to, student-facing paraprofessionals, food service workers, bus drivers, and literacy coaches.
144144
145-(d) Veteran teacher means an individual who has held a teaching certificate for 5 or more years.
145+(d) ?Veteran teacher? means an individual who has held a teaching certificate for 5 or more years.
146146
147147
148148
149149 Sec. 1311h. (1) In addition to other powers set forth in sections 1311b to 1311m, a strict discipline academy may take action to carry out the purposes for which it was incorporated under sections 1311b to 1311m, including, but not limited to, all of the following:
150150
151151 (a) To sue and be sued in its name.
152152
153153 (b) To acquire, hold, and own in its own name real and personal property, or interests in real or personal property, for educational purposes by purchase, gift, grant, devise, bequest, lease, sublease, installment purchase agreement, land contract, option, or condemnation, and subject to mortgages, security interests, or other liens; and to sell or convey the property as the interests of the strict discipline academy require.
154154
155155 (c) To receive and disburse funds for lawful purposes.
156156
157157 (d) To enter into binding legal agreements with persons or entities as necessary for the operation, management, financing, and maintenance of the strict discipline academy, if the agreement is in compliance with sections 7 and 18 of the state school aid act of 1979, MCL 388.1607 and 388.1618.
158158
159159 (e) To incur temporary debt in accordance with section 1225.
160160
161161 (f) To solicit and accept any grants or gifts for educational purposes and to establish or permit to be established on its behalf 1 or more nonprofit corporations the purpose of which is to assist the strict discipline academy in the furtherance of its public purposes.
162162
163163 (g) To borrow money and issue bonds in accordance with section 1351a and in accordance with part VI of the revised municipal finance act, 2001 PA 34, MCL 141.2601 to 141.2613, except that the borrowing of money and issuance of bonds by a strict discipline academy is not subject to section 1351a(4) or section 1351(2) to (4). Bonds issued under this section are full faith and credit obligations of the strict discipline academy, pledging the general funds or any other money available for such a purpose. Bonds issued under this section are subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.
164164
165165
166166
167-Sec. 1311k. (1) A strict discipline academy, with the approval of the authorizing body, may employ or contract with personnel as necessary for the operation of the strict discipline academy, prescribe the personnels duties, and fix the personnels compensation.
167+Sec. 1311k. (1) A strict discipline academy, with the approval of the authorizing body, may employ or contract with personnel as necessary for the operation of the strict discipline academy, prescribe the personnel?s duties, and fix the personnel?s compensation.
168168
169169 (2) By not later than November 1 of each year, each strict discipline academy shall post all of the following information on its website that is accessible to the public:
170170
171171 (a) The average salary for new teachers and the average salary for veteran teachers employed by the strict discipline academy or employed by an educational management organization and assigned to the strict discipline academy, or, if there are fewer than 5 new teachers or 5 veteran teachers at the strict discipline academy, the average salary for all teachers employed by the strict discipline academy or employed by an educational management organization and assigned to the strict discipline academy.
172172
173173 (b) The average salary for support staff employed by the strict discipline academy or employed by an educational management organization and assigned to the strict discipline academy.
174174
175175 (3) As used in this section:
176176
177-(a) Educational management organization means an entity that enters into a management agreement with a strict discipline academy.
177+(a) ?Educational management organization? means an entity that enters into a management agreement with a strict discipline academy.
178178
179-(b) Entity means a partnership, nonprofit or business corporation, or any other association, corporation, trust, or other legal entity.
179+(b) ?Entity? means a partnership, nonprofit or business corporation, or any other association, corporation, trust, or other legal entity.
180180
181-(c) Management agreement means an agreement to provide comprehensive educational, administrative, management, or instructional services or staff to a strict discipline academy.
181+(c) ?Management agreement? means an agreement to provide comprehensive educational, administrative, management, or instructional services or staff to a strict discipline academy.
182182
183-(d) New teacher means an individual who has held a teaching certificate for less than 5 years.
183+(d) ?New teacher? means an individual who has held a teaching certificate for less than 5 years.
184184
185-(e) Support staff includes, but is not limited to, student-facing paraprofessionals, food service workers, bus drivers, and literacy coaches.
185+(e) ?Support staff? includes, but is not limited to, student-facing paraprofessionals, food service workers, bus drivers, and literacy coaches.
186186
187-(f) Veteran teacher means an individual who has held a teaching certificate for 5 or more years.
187+(f) ?Veteran teacher? means an individual who has held a teaching certificate for 5 or more years.
188188
189189 Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
190190
191191
192192
193193
194194
195195
196196
197197 Clerk of the House of Representatives
198198
199199
200200
201201
202202
203203 Secretary of the Senate
204204
205205 Approved___________________________________________
206206
207207 ____________________________________________________
208208
209209 Governor