HOUSE BILL NO. 4088
January 24, 2019, Introduced by Rep. Hornberger
and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 611, 612, 614, 616, and 617 (MCL 380.611, 380.612, 380.614, 380.616, and 380.617), sections 611 and 612 as amended by 2004 PA 419, section 614 as amended by 2011 PA 232, sections 616 and 617 as amended by 2003 PA 299; and to repeal acts and parts of acts.
the people of the state of michigan enact:
Sec. 611. (1)
Except as otherwise provided in this section, an intermediate school
district shall be under the supervision and control of an intermediate school
board composed consisting of 5 members elected under
this part. Beginning January 1, 2020, all
intermediate school districts shall be under the supervision and control of an
intermediate school board consisting of 7 members popularly elected under
section 617.
(2) In an intermediate
school district that adopts sections 615 to 617 for popular election of its
members, or in an intermediate school district reorganized under section 701,
the number of intermediate school board members shall be 7. This subsection applies only until January 1, 2020.
(3) In an intermediate
school district whose boundaries are enlarged by a dissolution disorganization under section 703, the number of
intermediate school board members, at the option of the intermediate school
board, may be 7. This subsection applies only until
January 1, 2020.
(4) Beginning on the effective date of
this subsection, Until January 1,
2020, an intermediate school board may by resolution change the
number of intermediate school board members to 7. Before adopting the resolution
to change the number of intermediate school board members to 7, an intermediate
school board shall hold at least 2 public hearings on the resolution. If an
intermediate school board determines that the terms of intermediate school
board members should be staggered differently than provided under this act or
any bylaws of the intermediate school board due to a change in the number of
board members under this subsection, the intermediate school board may adopt
bylaws or amend its bylaws to change the way that intermediate school board
members' terms are staggered. The bylaws may alter the current terms of members
serving at the time the bylaws are adopted to implement the change in the way
that terms are staggered. If an intermediate school board adopts or amends
bylaws under this subsection that alter a member's existing term, the member's
term is subject to that action.
(5)
If as of January 1, 2019 an intermediate school district does not have a
popularly elected intermediate school board, a first popularly elected
intermediate school board shall be elected in that intermediate school district
at the 2019 general November election under section 617. On January 1, 2020,
this popularly elected intermediate school board shall take over supervision
and control of the intermediate school district and the intermediate school
board that had been elected under section 614 is dissolved.
Sec. 612. (1) Subject to subsection (2), a school
elector of a constituent district is eligible to election or appointment to membership
on the intermediate school board.
(2) Until the 2005 intermediate school
board election, a member of a board of a constituent district is eligible to
election or appointment to membership on the intermediate school board.
Beginning with the 2005 intermediate school board election, Until January 1, 2020, not more than 3
members of the intermediate school board may also be serving at the same time
as a member of the board of a constituent district or board of directors of a
public school academy. However, if an
intermediate school board has more than 3 members serving as of September 1,
2004 who are also serving at the same time as members of the board of a
constituent district, this limitation does not apply to that intermediate
school board until the expiration of the current terms of those intermediate
school board members. Beginning with the 2019 general November election, a member of a
board of a constituent district is ineligible for election or appointment to
membership on the intermediate school board. Notwithstanding any other
provision of law, if as of the 2019 general November election a member of the
intermediate school board is also a member of the board of a constituent
district, the member's term on the intermediate school board expires on January
1, 2020.
(3) A member of an intermediate school board who
is a member of a constituent district board shall not participate in
proceedings conducted pursuant to part 11 to detach territory from or attach
territory to the constituent district of which he or she is a board member.
Sec. 614. (1) This section applies to an intermediate school district only
until the election of a popularly elected intermediate school board for that
intermediate school district as described in section 611(1) and (5).
(2)
(1) Except as provided in section 615 and subject to
section 642c of the Michigan election law, MCL 168.642c, the members of the
intermediate school board shall be elected biennially on the first Monday in
June by an electoral body composed of 1 person designated by the board of each
constituent school district.
(3)
(2) The board of a constituent district shall designate
its representative to this electoral body by resolution adopted not earlier
than 21 days before the date of this biennial election. The board shall
consider the resolution at not less than 1 public meeting before adopting the
resolution. The resolution shall must be adopted by majority vote of the
members serving on the board. In its resolution designating its representative,
the board of a constituent district shall identify the candidate the board
supports for each position to be filled on the intermediate school board and
shall direct its representative to vote for that individual or individuals at
least on the first ballot taken by the electoral body. The secretary of the
intermediate school board shall send a notice by certified mail of the hour and
place of the meeting of the electoral body described in subsection (1) (2) to the secretary of the board of each
constituent school district at least 10 days before the meeting. The president
and secretary of the intermediate school board shall act as chairperson and
secretary at the meeting. The meeting of the electoral body shall must be an open meeting conducted in the
manner prescribed under the open meetings act, 1976 PA 267, MCL 15.261 to
15.275.
(4)
(3) Except as provided in section 703, the term of office
of each member elected to the intermediate school board is 6 years and begins
on July 1 following election. Not more than 2 members of the intermediate
school board shall be from the same school district unless there are fewer
districts than there are positions to be filled.
(5)
(4) A vacancy shall must be
filled by the remaining members of the intermediate school board until the next
biennial election at which time the vacancy shall must be
filled for the balance of the unexpired term. Notice of the vacancy shall must be filed with the state board within
5 days after the vacancy occurs. If the vacancy is not filled within 30 days
after it occurs, the vacancy shall must be filled by the state board.
(6)
(5) Subject to subsection (7), (8), a
candidate for election to the intermediate school board shall be nominated by
petitions that are signed by a number of school electors of the combined
constituent school districts of the intermediate school district, as follows:
(a) If the population of
the intermediate school district is less than 10,000 according to the most
recent federal census, a minimum of 6 and a maximum of 20.
(b) If the population of
the intermediate school district is 10,000 or more according to the most recent
federal census, a minimum of 40 and a maximum of 100.
(7)
(6) A school elector may sign as many petitions as there
are vacancies to fill. Nominating petitions and an affidavit as provided in
section 558 of the Michigan election law, MCL 168.558, shall must be filed with the school district
filing official not later than 30 days before the date of the biennial election
under subsection (1). (2). The school district filing official
shall determine the sufficiency of the petitions and the eligibility of the
candidates nominated. The school district filing official shall provide ballots
for the biennial election, listing on the ballots the names of all candidates
properly nominated. The chairperson of the biennial election meeting may accept
nominations for a vacancy from the floor only if no nominating petitions have
been filed for the vacancy.
(8)
(7) Instead of filing nominating petitions, a candidate
for election to the intermediate school board may pay a nonrefundable filing
fee of $100.00 to the school district filing official. If this fee is paid by
the due date for nominating petitions, the payment has the same effect under
this section as the filing of nominating petitions.
Sec. 616. (1) This section applies to an intermediate school district only
until the election of a popularly elected intermediate school board for that
intermediate school district as described in section 611(1) and (5).
(2)
(1) An intermediate school board may submit to the school
electors of the constituent districts comprising the intermediate school
district the question of adoption of sections 615 to 617. The question shall must be in substantially the following
form:
“Shall sections 615 to
617 of the revised school code, providing for the popular election of members
of the intermediate school board, be effective within the constituent districts
of __________ (name of intermediate school district)?
Yes ( )
No ( )”.
(3)
(2) The intermediate school board shall submit the
question upon receipt of resolutions adopted by a majority of the boards of
constituent districts and representing more than 1/2 of the combined
memberships of the constituent districts of the intermediate school district as
of the latest pupil membership count day. The resolutions of the constituent
district boards shall must be adopted between March 1 and the
next succeeding July 1. The question shall must be
presented to the school electors of the constituent districts at the next
regular school election after resolutions of constituent district boards
meeting the requirements of this section have been filed with the school
district filing official.
(4)
(3) If a majority of the school electors votes in favor of
popular election, members of the intermediate school board shall be elected at
the next regular school election and biennially thereafter at the regular
school elections of the constituent districts.
(5)
(4) An intermediate school district that adopts sections
615 to 617 may terminate the popular election of members of the intermediate
school board in the same manner.
Sec. 617. (1)
In an intermediate school district in which sections 615 to 617 are
effective, and in all intermediate school
districts beginning with the 2019 general November election, a
candidate for the office of member of the intermediate school board shall be
nominated, and members shall be elected, as provided in chapter XIV of the
Michigan election law, MCL 168.301 to 168.315.168.316, and subject to section 642c of the Michigan election law,
MCL 168.642c.
(2) At the first
election, 3 members of an intermediate school board shall be elected for a term
of 6 years, 2 for a term of 4 years, and 2 for a term of 2 years. After the
first election, their successors shall be elected biennially for terms of 6
years.
Enacting section 1. Section 615 of the revised school code, 1976 PA 451, MCL 380.615, is repealed effective January 1, 2020.
Enacting section 2. This amendatory act takes effect 90 days after the date it is enacted into law.