HOUSE BILL NO. 4088

January 24, 2019, Introduced by Rep. Hornberger and referred to the Committee on Education.

"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.