POPULAR ELECTION OF INTERMEDIATE

SCHOOL DISTRICT BOARD MEMBERS

House Bill 4088 as introduced

Sponsor:  Rep. Pamela Hornberger

Committee:  Education

Complete to 2-19-20

SUMMARY:

House Bill 4088 would amend the Revised School Code to do all of the following:

·         Require (rather than allow) the popular election of intermediate school district (ISD) board members.

·         Make all ISD boards consist of seven members. (Currently the default number is five members, although provisions allow for seven in certain cases.)

·         Prohibit local school board members or charter school board members from serving on ISD boards.

Current Practice

Under current law, popular election is merely an option.[1] Unless the districts take the steps listed below, the ISD board is elected by a body composed of one elector from each constituent district. This election takes place biennially on the first Monday in June. Within 21 days of that date, each constituent district school board votes on its delegate to the ISD board election.

If an ISD receives resolutions from a majority of its constituent school boards to adopt sections 615 to 617 of the School Code (which lay out the procedure for instituting popular election), it may submit the option of popular election of school board members to constituent electors at the next regular school election. Removing popular election is effected in this same way.

Proposed Changes

House Bill 4088 would provide that, beginning January 1, 2020, all ISD board members must be popularly elected. If the ISD does not already have a popularly elected board, the first election of that kind will take place at the November 2019 general election and the board will take office January 1, 2020. (Under section 652c of the Michigan Election Law, school district board elections take place at the general November election)

According to current law, ISD boards consist of five members unless one of the exceptions applies; under the bill, all ISD boards would consist of seven members. Additionally, up to three ISD board members may currently also serve on their constituent district's school board or on the board of directors of a public school academy (PSA). Under the bill, that practice could continue only until the board elected in November 2019 and taking office in January 2020. From that point on, a member of a constituent school board would be ineligible for election to the ISD board.

The bill would also extend to all ISDs the prescribed terms of service for the first popularly elected board for the ISD boards that currently opt into the practice, beginning with the November 2019 election:

·         Three members of the ISD would be elected for a term of six years.

·         Two members would be elected for a term of four years.

·         Two members would be elected for a term of two years.

After this first election, their successors would be elected biennially for terms of six years. The rules set forth in sections 301 to 316 of the Election Code that apply to school district elections would apply to ISDs.

Finally, the bill would repeal section 615 of the School Code, which provides that popular elections only apply to ISDs that have adopted that practice (via sections 615 to 617).

The bill would take effect 90 days after its enactment.

MCL 380.611 et al.

FISCAL IMPACT:

The bill would have no fiscal impact on state or local entities.

                                                                                        Legislative Analyst:   Jenny McInerney

                                                                                               Fiscal Analysts:   Samuel Christensen

                                                                                                                           Jacqueline Mullen

                                                                                                                           Michael Cnossen

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.

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