House Introduced Bill 4447

HOUSE BILL No. 4447


     March 8, 2001, Introduced by Reps. Allen, Julian, Gilbert, Ruth Johnson, Van Woerkom, Bishop, Patterson, Godchaux,
Gosselin, Raczkowski and Birkholz and referred to the Committee on Education.


        A bill to amend 1976 PA 451, entitled

   "The revised school code,"

   by amending sections 1535a, 1539a, and 1539b (MCL 380.1535a,

   380.1539a, and 380.1539b), as amended by 1995 PA 289.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

 2
      who holds a teaching certificate that is valid in this state is

 3
      convicted of a crime described in this subsection, the  state

 4
      board shall notify the person in writing that his or her teaching

 5
      certificate may be suspended because of the conviction and of his

 6
      or her right to a hearing before the state board.  If the person

 7
      does not avail himself or herself of this right to a hearing

 8
      within 30 working days after receipt of this written

 9
      notification, the teaching certificate of that person shall be

10
      suspended.  If a hearing takes place, the state board may suspend


   03381'01                                                 TAV
                                              2

 1
      the person's teaching certificate based upon the issues and

 2
      evidence presented at the hearing.  SUPERINTENDENT OF PUBLIC

 3
      INSTRUCTION SHALL PROCEED AS REQUIRED UNDER SUBSECTION (2). This

 4
       subsection  SECTION applies to any of the following crimes:

 5
           (a) Any felony.

 6
           (b) Any of the following misdemeanors:

 7
           (i) Criminal sexual conduct in the fourth degree or an

 8
      attempt to commit criminal sexual conduct in the fourth degree.

 9
           (ii) Child abuse in the third or fourth degree or an attempt

10
      to commit child abuse in the third or fourth degree.

11
           (iii) A misdemeanor involving cruelty, torture, or indecent

12
      exposure involving a child.

13
           (iv) A misdemeanor violation of section 7410 of the public

14
      health code,  Act No. 368 of the Public Acts of 1978, being sec-

15
      tion 333.7410 of the Michigan Compiled Laws  1978 PA 368,

16
      MCL 333.7410.

17
           (v) A violation of section 115, 141a, 145a, or 359 of the

18
      Michigan penal code,  Act No. 328 of the Public Acts of 1931,

19
      being sections 750.115, 750.141a, 750.145a, and 750.359 of the

20
      Michigan Compiled Laws  1931 PA 328, MCL 750.115, 750.141A,

21
      750.145A, AND 750.359, or a misdemeanor violation of section 81,

22
      81a, or 145c of  Act No. 328 of the Public Acts of 1931, being

23
      sections 750.81, 750.81a, and 750.145c of the Michigan Compiled

24
      Laws  THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.81, 750.81A,

25
      AND 750.145C.

26
           (vi) A misdemeanor violation of section  33 of the Michigan

27
      liquor control act, Act No. 8 of the Public Acts of the Extra


    03381'01
                                   3

 1
      Session of 1933, being section 436.33 of the Michigan Compiled

 2
      Laws  701 OF THE MICHIGAN LIQUOR CONTROL CODE OF 1998, 1998

 3
      PA 58, MCL 436.1701.

 4
           (2) If a person who holds a teaching certificate that is

 5
      valid in this state is convicted of a crime described in  this 

 6
      subsection (1), the  state board  SUPERINTENDENT OF PUBLIC

 7
      INSTRUCTION shall find that the public health, safety, or welfare

 8
      requires emergency action and shall order summary suspension of

 9
      the person's teaching certificate under section 92 of the admin-

10
      istrative procedures act of 1969,  Act No. 306 of the Public Acts

11
      of 1969, being section 24.292 of the Michigan Compiled Laws  1969

12
      PA 306, MCL 24.292.  However, if a person convicted of a crime

13
      described in this subsection is incarcerated in a state correc-

14
      tional facility, the  state board  SUPERINTENDENT OF PUBLIC

15
      INSTRUCTION may delay ordering the summary suspension until not

16
      later than 10 work days after the person is released from secure

17
      confinement.  This subsection does not limit the  state board's 

18
      SUPERINTENDENT OF PUBLIC INSTRUCTION'S ability to order summary

19
      suspension of, OR TO SUSPEND OR REVOKE, a person's teaching cer-

20
      tificate for a reason other than described in this subsection.

21
       This subsection applies to conviction of any of the following

22
      crimes:

23
           (a) Criminal sexual conduct in any degree, assault with

24
      intent to commit criminal sexual conduct, or an attempt to commit

25
      criminal sexual conduct in any degree.

26
           (b) Felonious assault on a child, child abuse in any degree,

27
      or an attempt to commit child abuse in any degree.



   03381'01
                                   4

 1
           (c) Cruelty, torture, or indecent exposure involving a

 2
      child.

 3
           (d) A violation of section 7401(2)(a)(i), 7403(2)(a)(i),

 4
      7410, or 7416 of the public health code, Act No. 368 of the

 5
      Public Acts of 1978, being sections 333.7401, 333.7403, 333.7410,

 6
      and 333.7416 of the Michigan Compiled Laws.

 7
           (e) A violation of section 83, 89, 91, 316, 317, or 529 of

 8
      the Michigan penal code, Act No. 328 of the Public Acts of 1931,

 9
      being sections 750.83, 750.89, 750.91, 750.316, 750.317, and

10
      750.529 of the Michigan Compiled Laws. 

11
           (3) After the completion of a person's sentence, the person

12
      may request a hearing before the  state board  SUPERINTENDENT OF

13
      PUBLIC INSTRUCTION on reinstatement of his or her teaching

14
      certificate.  Based upon the issues and evidence presented at the

15
      hearing, the  state board  SUPERINTENDENT OF PUBLIC INSTRUCTION

16
      may reinstate, continue the suspension of, or permanently revoke

17
      the person's teaching certificate.

18
           (4) All of the following apply to a person described in this

19
      section whose conviction is reversed upon final appeal:

20
           (a) The person's teaching certificate shall be reinstated

21
      upon his or her notification to the  state board  SUPERINTENDENT

22
      OF PUBLIC INSTRUCTION of the reversal.

23
           (b) If the suspension of the person's teaching certificate

24
      under this section was the sole cause of his or her discharge

25
      from employment, the person shall be reinstated, upon his or her

26
      notification to the appropriate local or intermediate school

27
      board of the reversal, with full rights and benefits, to the



   03381'01
                                   5

 1
      position he or she would have had if he or she had been

 2
      continuously employed.

 3
           (5) The prosecuting attorney of the county in which a person

 4
      who holds a teaching certificate was convicted of a crime

 5
      described in subsection (1) shall notify the  state board 

 6
      SUPERINTENDENT OF PUBLIC INSTRUCTION, and any public school,

 7
      school district, intermediate school district, or nonpublic

 8
      school in which the person is employed, of that conviction and of

 9
      the sentence imposed on the person.  The prosecuting attorney of

10
      each county shall inquire of each person convicted in the county

11
      of a crime described in subsection (1) whether the person holds a

12
      teaching certificate.

13
           (6) If the superintendent of a school district or intermedi-

14
      ate school district, the chief administrative officer of a non-

15
      public school, the president of the board of a school district or

16
      intermediate school district, or the president of the governing

17
      board of a nonpublic school is notified by a prosecuting attorney

18
      or learns through an authoritative source that a person who holds

19
      a teaching certificate and who is employed at the time by the

20
      school district, intermediate school district, or nonpublic

21
      school has been convicted of a crime described in subsection (1),

22
      the superintendent, chief administrative officer, or board presi-

23
      dent shall notify the  state board  SUPERINTENDENT OF PUBLIC

24
      INSTRUCTION of that conviction.

25
           (7) If a person convicted of a crime described in subsection

26
       (2)  (1) is incarcerated in a state correctional facility and

27
      the  state board  SUPERINTENDENT OF PUBLIC INSTRUCTION delays



   03381'01
                                   6

 1
      summary suspension as described in subsection (2), the  state

 2
      board  SUPERINTENDENT OF PUBLIC INSTRUCTION shall contact the

 3
      department of corrections and request to be notified before the

 4
      person is released from secure confinement.  Upon receipt of that

 5
      request, the department of corrections shall notify the  state

 6
      board  SUPERINTENDENT OF PUBLIC INSTRUCTION at least 30 work days

 7
      before the person is released from secure confinement.

 8
           (8) For the purposes of this section, a certified copy of

 9
      the court record is conclusive evidence of conviction of a crime

10
      described in this section.  For the purposes of this section,

11
      conviction of a crime described in  this  subsection (1) is con-

12
      sidered to be reasonably and adversely related to the ability of

13
      the person to serve in an elementary or secondary school and is

14
      sufficient grounds for suspension or revocation of the person's

15
      teaching certificate.

16
           (9) This section does not do any of the following:

17
           (a) Prohibit a person who holds a teaching certificate from

18
      seeking monetary compensation from a school board or intermediate

19
      school board if that right is available under a collective bar-

20
      gaining agreement or another statute.

21
           (b) Limit the rights and powers granted to a school district

22
      or intermediate school district under a collective bargaining

23
      agreement, this act, or another statute to discipline or dis-

24
      charge a person who holds a teaching certificate.

25
           (c) Exempt a person who holds a teaching certificate from

26
      the operation of section 1539a if the person also holds a school

27
      administrator's certificate.



   03381'01
                                   7

 1
           (10) The state board may promulgate, as necessary, rules to

 2
      implement this section pursuant to the administrative procedures

 3
      act of 1969,  Act No. 306 of the Public Acts of 1969, being sec-

 4
      tions 24.201 to 24.328 of the Michigan Compiled Laws  1969

 5
      PA 306, MCL 24.201 TO 24.328.

 6
           (11) As used in this section:

 7
           (a) "Conviction" means a judgment entered by a court upon a

 8
      plea of guilty, guilty but mentally ill, or nolo contendere or

 9
      upon a jury verdict or court finding that a defendant is guilty

10
      or guilty but mentally ill.

11
           (b) "State correctional facility" means a correctional

12
      facility under the jurisdiction of the department of

13
      corrections.

14
           Sec. 1539a.  (1)  Subject to subsection (2), if  IF a person

15
      who holds a school administrator's certificate that is valid in

16
      this state is convicted of a crime described in this subsection,

17
      the  state board shall notify the person in writing that his or

18
      her school administrator's certificate may be suspended because

19
      of the conviction and of his or her right to a hearing before the

20
      state board.  If the person does not avail himself or herself of

21
      this right to a hearing within 30 working days after receipt of

22
      this written notification, the school administrator's certificate

23
      of that person shall be suspended.  If a hearing takes place, the

24
      state board may suspend the person's school administrator's cer-

25
      tificate based upon the issues and evidence presented at the

26
      hearing.  SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL PROCEED AS





   03381'01
                                   8

 1
      REQUIRED UNDER SUBSECTION (2). This subsection applies to any of

 2
      the following crimes:

 3
           (a) Any felony.

 4
           (b) Any of the following misdemeanors:

 5
           (i) Criminal sexual conduct in the fourth degree or an

 6
      attempt to commit criminal sexual conduct in the fourth degree.

 7
           (ii) Child abuse in the third or fourth degree or an attempt

 8
      to commit child abuse in the third or fourth degree.

 9
           (iii) A misdemeanor involving cruelty, torture, or indecent

10
      exposure involving a child.

11
           (iv) A misdemeanor violation of section 7410 of the public

12
      health code,  Act No. 368 of the Public Acts of 1978, being sec-

13
      tion 333.7410 of the Michigan Compiled Laws  1978 PA 368,

14
      MCL 333.7410.

15
           (v) A violation of section 115, 141a, 145a, or 359 of the

16
      Michigan penal code,  Act No. 328 of the Public Acts of 1931,

17
      being sections 750.115, 750.141a, 750.145a, and 750.359 of the

18
      Michigan Compiled Laws  1931 PA 328, MCL 750.115, 750.141A,

19
      750.145A, AND 750.359, or a misdemeanor violation of section 81,

20
      81a, or 145c of  Act No. 328 of the Public Acts of 1931, being

21
      sections 750.81, 750.81a, and 750.145c of the Michigan Compiled

22
      Laws  THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.81, 750.81A,

23
      AND 750.145C.

24
           (vi) A misdemeanor violation of section  33 of the Michigan

25
      liquor control act, Act No. 8 of the Public Acts of the Extra

26
      Session of 1933, being section 436.33 of the Michigan Compiled





   03381'01
                                   9

 1
      Laws  701 OF THE MICHIGAN LIQUOR CONTROL CODE OF 1998, 1998

 2
      PA 58, MCL 436.1701.

 3
           (2) If a person who holds a school administrator's certifi-

 4
      cate that is valid in this state is convicted of a crime

 5
      described in  this  subsection (1), the  state board 

 6
      SUPERINTENDENT OF PUBLIC INSTRUCTION shall find that the public

 7
      health, safety, or welfare requires emergency action and shall

 8
      order summary suspension of the person's school administrator's

 9
      certificate under section 92 of the administrative procedures act

10
      of 1969,  Act No. 306 of the Public Acts of 1969, being section

11
      24.292 of the Michigan Compiled Laws  1969 PA 306, MCL 24.292.

12
      However, if a person convicted of a crime described in this sub-

13
      section is incarcerated in a state correctional facility, the

14
       state board  SUPERINTENDENT OF PUBLIC INSTRUCTION may delay

15
      ordering the summary suspension until not later than 10 work days

16
      after the person is released from secure confinement.  This sub-

17
      section does not limit the  state board's  SUPERINTENDENT OF

18
      PUBLIC INSTRUCTION'S ability to order summary suspension of, OR

19
      TO SUSPEND OR REVOKE, a person's school administrator's certifi-

20
      cate for a reason other than described in this subsection.  This

21
      subsection applies to conviction of any of the following crimes:

22
           (a) Criminal sexual conduct in any degree, assault with

23
      intent to commit criminal sexual conduct, or an attempt to commit

24
      criminal sexual conduct in any degree.

25
           (b) Felonious assault on a child, child abuse in any degree,

26
      or an attempt to commit child abuse in any degree.





   03381'01
                                  10

 1
           (c) Cruelty, torture, or indecent exposure involving a

 2
      child.

 3
           (d) A violation of section 7401(2)(a)(i), 7403(2)(a)(i),

 4
      7410, or 7416 of the public health code, Act No. 368 of the

 5
      Public Acts of 1978, being sections 333.7401, 333.7403, 333.7410,

 6
      and 333.7416 of the Michigan Compiled Laws.

 7
           (e) A violation of section 83, 89, 91, 316, 317, or 529 of

 8
      the Michigan penal code, Act No. 328 of the Public Acts of 1931,

 9
      being sections 750.83, 750.89, 750.91, 750.316, 750.317, and

10
      750.529 of the Michigan Compiled Laws. 

11
           (3) After the completion of the person's sentence, the

12
      person may request a hearing before the  state board 

13
      SUPERINTENDENT OF PUBLIC INSTRUCTION on reinstatement of his or

14
      her school administrator's certificate.  Based upon the issues

15
      and evidence presented at the hearing, the  state board 

16
      SUPERINTENDENT OF PUBLIC INSTRUCTION may reinstate, continue the

17
      suspension of, or permanently revoke the person's school

18
      administrator's certificate.

19
           (4) All of the following apply to a person described in this

20
      section whose conviction is reversed upon final appeal:

21
           (a) The person's school administrator's certificate shall be

22
      reinstated upon his or her notification to the  state board 

23
      SUPERINTENDENT OF PUBLIC INSTRUCTION of the reversal.

24
           (b) If the suspension of the person's school administrator's

25
      certificate under this section was the sole cause of his or her

26
      discharge from employment, the person shall be reinstated, upon

27
      his or her notification to the appropriate local or intermediate



   03381'01
                                  11

 1
      school board of the reversal, with full rights and benefits, to

 2
      the position he or she would have had if he or she had been con-

 3
      tinuously employed.

 4
           (5) The prosecuting attorney of the county in which a person

 5
      who holds a school administrator's certificate was convicted of a

 6
      crime described in subsection (1) shall notify the  state board 

 7
      SUPERINTENDENT OF PUBLIC INSTRUCTION, and any public school,

 8
      school district, intermediate school district, or nonpublic

 9
      school in which the person is employed, of that conviction and of

10
      the sentence imposed on the person.  The prosecuting attorney of

11
      each county shall inquire of each person convicted in the county

12
      of a crime described in subsection (1) whether the person holds a

13
      school administrator's certificate.

14
           (6) If the superintendent of a school district or intermedi-

15
      ate school district, the chief administrative officer of a non-

16
      public school, the president of the board of a school district or

17
      intermediate school district, or the president of the governing

18
      board of a nonpublic school is notified by a prosecuting attorney

19
      or learns through an authoritative source that a person who holds

20
      a school administrator's certificate and who is employed at the

21
      time by the school district, intermediate school district, or

22
      nonpublic school has been convicted of a crime described in sub-

23
      section (1), the superintendent, chief administrative officer, or

24
      board president shall notify the  state board  SUPERINTENDENT OF

25
      PUBLIC INSTRUCTION of that conviction.

26
           (7) If a person convicted of a crime described in subsection

27
       (2)  (1) is incarcerated in a state correctional facility and



   03381'01
                                  12

 1
      the  state board  SUPERINTENDENT OF PUBLIC INSTRUCTION delays

 2
      summary suspension as described in subsection (2), the  state

 3
      board  SUPERINTENDENT OF PUBLIC INSTRUCTION shall contact the

 4
      department of corrections and request to be notified before the

 5
      person is released from secure confinement.  Upon receipt of that

 6
      request, the department of corrections shall notify the  state

 7
      board  SUPERINTENDENT OF PUBLIC INSTRUCTION at least 30 work days

 8
      before the person is released from secure confinement.

 9
           (8) For the purposes of this section, a certified copy of

10
      the court record is conclusive evidence of conviction of a crime

11
      described in this section.  For the purposes of this section,

12
      conviction of a crime described in  this  subsection (1) is con-

13
      sidered to be reasonably and adversely related to the ability of

14
      the person to serve in an elementary or secondary school and is

15
      sufficient grounds for suspension or revocation of the person's

16
      school administrator's certificate.

17
           (9) This section does not do any of the following:

18
           (a) Prohibit a person who holds a school administrator's

19
      certificate from seeking monetary compensation from a school

20
      board or intermediate school board if that right is available

21
      under a collective bargaining agreement or another statute.

22
           (b) Limit the rights and powers granted to a school district

23
      or intermediate school district under a collective bargaining

24
      agreement, this act, or another statute to discipline or dis-

25
      charge a person who holds a school administrator's certificate.

26
           (c) Exempt a person who holds a school administrator's

27
      certificate from the operation of section 1535a.



   03381'01
                                  13

 1
           (10) The state board may promulgate, as necessary, rules to

 2
      implement this section pursuant to the administrative procedures

 3
      act of 1969,  Act No. 306 of the Public Acts of 1969, being sec-

 4
      tions 24.201 to 24.328 of the Michigan Compiled Laws  1969

 5
      PA 306, MCL 24.201 TO 24.328.

 6
           (11) As used in this section:

 7
           (a) "Conviction" means a judgment entered by a court upon a

 8
      plea of guilty, guilty but mentally ill, or nolo contendere or

 9
      upon a jury verdict or court finding that a defendant is guilty

10
      or guilty but mentally ill.

11
           (b) "State correctional facility" means a correctional

12
      facility under the jurisdiction of the department of

13
      corrections.

14
           Sec. 1539b.  (1)  Subject to subsection (2), if  IF a person

15
      who holds state board approval is convicted of a crime described

16
      in this subsection, the  state board shall notify the person in

17
      writing that his or her state board approval may be suspended

18
      because of the conviction and of his or her right to a hearing

19
      before the state board.  If the person does not avail himself or

20
      herself of this right to a hearing within 30 working days after

21
      receipt of this written notification, the person's state board

22
      approval shall be suspended.  If a hearing takes place, the state

23
      board may suspend the person's state board approval, based upon

24
      the issues and evidence presented at the hearing.  SUPERINTENDENT

25
      OF PUBLIC INSTRUCTION SHALL PROCEED AS REQUIRED UNDER

26
      SUBSECTION (2). This subsection applies to any of the following

27
      crimes:



   03381'01
                                  14

 1
           (a) Any felony.

 2
           (b) Any of the following misdemeanors:

 3
           (i) Criminal sexual conduct in the fourth degree or an

 4
      attempt to commit criminal sexual conduct in the fourth degree.

 5
           (ii) Child abuse in the third or fourth degree or an attempt

 6
      to commit child abuse in the third or fourth degree.

 7
           (iii) A misdemeanor involving cruelty, torture, or indecent

 8
      exposure involving a child.

 9
           (iv) A misdemeanor violation of section 7410 of the public

10
      health code,  Act No. 368 of the Public Acts of 1978, being sec-

11
      tion 333.7410 of the Michigan Compiled Laws  1978 PA 368,

12
      MCL 333.7410.

13
           (v) A violation of section 115, 141a, 145a, or 359 of the

14
      Michigan penal code,  Act No. 328 of the Public Acts of 1931,

15
      being sections 750.115, 750.141a, 750.145a, and 750.359 of the

16
      Michigan Compiled Laws  1931 PA 328, MCL 750.115, 750.141A,

17
      750.145A, AND 750.359, or a misdemeanor violation of section 81,

18
      81a, or 145c of  Act No. 328 of the Public Acts of 1931, being

19
      sections 750.81, 750.81a, and 750.145c of the Michigan Compiled

20
      Laws  THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.81, 750.81A,

21
      AND 750.145C.

22
           (vi) A misdemeanor violation of section  33 of the Michigan

23
      liquor control act, Act No. 8 of the Public Acts of the Extra

24
      Session of 1933, being section 436.33 of the Michigan Compiled

25
      Laws  701 OF THE MICHIGAN LIQUOR CONTROL CODE OF 1998, 1998

26
      PA 58, MCL 436.1701.





   03381'01
                                  15

 1
           (2) If a person who holds state board approval is convicted

 2
      of a crime described in  this  subsection (1), the  state board
   

 3
      SUPERINTENDENT OF PUBLIC INSTRUCTION shall find that the public

 4
      health, safety, or welfare requires emergency action and shall

 5
      order summary suspension of the person's state board approval

 6
      under section 92 of the administrative procedures act of 1969,

 7
       Act No. 306 of the Public Acts of 1969, being section 24.292 of

 8
      the Michigan Compiled Laws  1969 PA 306, MCL 24.292.  However, if

 9
      a person convicted of a crime described in this subsection is

10
      incarcerated in a state correctional facility, the  state board 

11
      SUPERINTENDENT OF PUBLIC INSTRUCTION may delay ordering the sum-

12
      mary suspension until not later than 10 work days after the

13
      person is released from secure confinement.  This subsection does

14
      not limit the  state board's  SUPERINTENDENT OF PUBLIC

15
      INSTRUCTION'S ability to order summary suspension of, OR TO SUS-

16
      PEND OR REVOKE, a person's state board approval for a reason

17
      other than described in this subsection.  This subsection

18
      applies to conviction of any of the following crimes:

19
           (a) Criminal sexual conduct in any degree, assault with

20
      intent to commit criminal sexual conduct, or an attempt to commit

21
      criminal sexual conduct in any degree.

22
           (b) Felonious assault on a child, child abuse in any degree,

23
      or an attempt to commit child abuse in any degree.

24
           (c) Cruelty, torture, or indecent exposure involving a

25
      child.

26
           (d) A violation of section 7401(2)(a)(i), 7403(2)(a)(i),

27
      7410, or 7416 of the public health code, Act No. 368 of the



   03381'01
                                  16

 1
      Public Acts of 1978, being sections 333.7401, 333.7403, 333.7410,

 2
      and 333.7416 of the Michigan Compiled Laws.

 3
           (e) A violation of section 83, 89, 91, 316, 317, or 529 of

 4
      the Michigan penal code, Act No. 328 of the Public Acts of 1931,

 5
      being sections 750.83, 750.89, 750.91, 750.316, 750.317, and

 6
      750.529 of the Michigan Compiled Laws. 

 7
           (3) After the completion of the person's sentence, the

 8
      person may request a hearing before the  state board 

 9
      SUPERINTENDENT OF PUBLIC INSTRUCTION on reinstatement of his or

10
      her state board approval.  Based upon the issues and evidence

11
      presented at the hearing, the  state board  SUPERINTENDENT OF

12
      PUBLIC INSTRUCTION may reinstate, continue the suspension of, or

13
      permanently revoke the person's state board approval.

14
           (4) All of the following apply to a person described in this

15
      section whose conviction is reversed upon final appeal:

16
           (a) The person's state board approval shall be reinstated

17
      upon his or her notification to the  state board  SUPERINTENDENT

18
      OF PUBLIC INSTRUCTION of the reversal.

19
           (b) If the suspension of the state board approval was the

20
      sole cause of his or her discharge from employment, the person

21
      shall be reinstated upon his or her notification to the appropri-

22
      ate local or intermediate school board of the reversal, with full

23
      rights and benefits, to the position he or she would have had if

24
      he or she had been continuously employed.

25
           (5) The prosecuting attorney of the county in which a person

26
      who holds state board approval was convicted of a crime described

27
      in subsection (1) shall notify the  state board  SUPERINTENDENT



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                                  17

 1
      OF PUBLIC INSTRUCTION, and any public school, school district,

 2
      intermediate school district, or nonpublic school in which the

 3
      person is employed, of that conviction and of the sentence

 4
      imposed on the person.  The prosecuting attorney of each county

 5
      shall inquire of each person convicted in the county of a crime

 6
      described in subsection (1) whether the person holds state board

 7
      approval.  The  state board  SUPERINTENDENT OF PUBLIC INSTRUCTION

 8
      shall make available to prosecuting attorneys a list of school

 9
      occupations that commonly require state board approval.

10
           (6) If the superintendent of a school district or intermedi-

11
      ate school district, the chief administrative officer of a non-

12
      public school, the president of the board of a school district or

13
      intermediate school district, or the president of the governing

14
      board of a nonpublic school is notified by a prosecuting attorney

15
      or learns through an authoritative source that a person who holds

16
      state board approval and who is employed at the time by the

17
      school district, intermediate school district, or nonpublic

18
      school has been convicted of a crime described in subsection (1),

19
      the superintendent, chief administrative officer, or board presi-

20
      dent shall notify the  state board  SUPERINTENDENT OF PUBLIC

21
      INSTRUCTION of that conviction.

22
           (7) If a person convicted of a crime described in subsection

23
       (2)  (1) is incarcerated in a state correctional facility and

24
      the  state board  SUPERINTENDENT OF PUBLIC INSTRUCTION delays

25
      summary suspension as described in subsection (2), the  state

26
      board  SUPERINTENDENT OF PUBLIC INSTRUCTION shall contact the

27
      department of corrections and request to be notified before the



   03381'01
                                  18

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      person is released from secure confinement.  Upon receipt of that

 2
      request, the department of corrections shall notify the  state

 3
      board  SUPERINTENDENT OF PUBLIC INSTRUCTION at least 30 work days

 4
      before the person is released from secure confinement.

 5
           (8) For the purposes of this section, a certified copy of

 6
      the court record is conclusive evidence of conviction of a crime

 7
      described in this section.  For the purposes of this section,

 8
      conviction of a crime described in  this  subsection (1) is con-

 9
      sidered to be reasonably and adversely related to the ability of

10
      the person to serve in an elementary or secondary school and is

11
      sufficient grounds for suspension or revocation of the person's

12
      state board approval.

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

14
           (a) Prohibit a person who holds state board approval from

15
      seeking monetary compensation from a school board or intermediate

16
      school board if that right is available under a collective bar-

17
      gaining agreement or another statute.

18
           (b) Limit the rights and powers granted to a school district

19
      or intermediate school district under a collective bargaining

20
      agreement, this act, or another statute to discipline or dis-

21
      charge a person who holds state board approval.

22
           (c) Exempt a person who holds state board approval from the

23
      operation of section 1535a or 1539a, or both, if the person holds

24
      a certificate subject to 1 or both of those sections.

25
           (d) Limit the ability of a state licensing body to take

26
      action against a person's license or registration for the same

27
      conviction.



   03381'01
                                  19

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           (10) The state board may promulgate, as necessary, rules to

 2
      implement this section pursuant to the administrative procedures

 3
      act of 1969,  Act No. 306 of the Public Acts of 1969, being sec-

 4
      tions 24.201 to 24.328 of the Michigan Compiled Laws  1969

 5
      PA 306, MCL 24.201 TO 24.328.

 6
           (11) As used in this section:

 7
           (a) "Conviction" means a judgment entered by a court upon a

 8
      plea of guilty, guilty but mentally ill, or nolo contendere or

 9
      upon a jury verdict or court finding that a defendant is guilty

10
      or guilty but mentally ill.

11
           (b) "State board approval" means a license, certificate,

12
      endorsement, permit, approval, or other evidence of qualifica-

13
      tions to hold a particular position in a school district or

14
      intermediate school district or in a nonpublic school, other than

15
      a teacher's certificate subject to section 1535a or a school

16
      administrator's certificate subject to section 1539a, that is

17
      issued to a person by the state board OR SUPERINTENDENT OF PUBLIC

18
      INSTRUCTION under this act or a rule promulgated under this act.

19
           (c) "State correctional facility" means a correctional

20
      facility under the jurisdiction of the department of

21
      corrections.















   03381'01          Final page.                            TAV