HOUSE BILL No. 4395

February 23, 2005, Introduced by Rep. Caul and referred to the Committee on Education.

 

     A bill to amend 1937 (Ex Sess) PA 4, entitled

 

"An act relative to continuing tenure of office of certificated

teachers in public educational institutions; to provide for

probationary periods; to regulate discharges or demotions; to

provide for resignations and leaves of absence; to create a state

tenure commission and to prescribe the powers and duties thereof;

and to prescribe penalties for violation of the provisions of this

act,"

 

by amending section 1 (MCL 38.71), as amended by 1996 PA 282.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. (1) The term "teacher" as used in this act means a

 

certificated individual employed for a full school year by any

 

board of education or controlling board. Teacher includes an

 

individual who holds a valid teaching certificate with an

 

endorsement in guidance and counseling and is employed for a full

 

school year as a school counselor by any board of education or


 

controlling board.

 

     (2) An individual who is not certificated but is employed for

 

a full school year pursuant to section 1233(2)(b) or (c) or section

 

1233b of the revised school code, Act No. 451 of the Public Acts of

 

1976, being section 380.1233b of the Michigan Compiled Laws 1976 PA

 

451, MCL 380.1233 and 380.1233b, or is employed pursuant to an

 

annual vocational authorization or a temporary approval, as defined

 

in state board or superintendent of public instruction rule, is

 

considered to be a teacher for the purpose of serving the

 

probationary period under article II, but such an individual is not

 

considered a teacher for the purpose of continuing tenure under

 

article III until he or she becomes certificated.

 

     (3) An individual employed as a teacher in a public school

 

academy established under Act No. 451 of the Public Acts of 1976,

 

being sections 380.1 to 380.1852 of the Michigan Compiled Laws the

 

revised school code, 1976 PA 451, MCL 380.1 to 380. 1852, is not

 

considered a teacher during that employment for the purpose of

 

continuing tenure under article III. However, an individual

 

described in section 1(4) of article III is a teacher for the

 

purpose of retaining continuing tenure as described in that

 

section.

 

     (4) Teacher does not include an individual whose teaching

 

certificate has expired or has been suspended or revoked.