Bill Text: MI HB4141 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Education; reorganization; school district services consolidation commission to make recommendations for orders on consolidation of school services; create. Amends 1976 PA 451 (MCL 380.1 - 380.1852) by adding secs. 762 & 763.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-27 - Printed Bill Filed 01/27/2011 [HB4141 Detail]
Download: Michigan-2011-HB4141-Introduced.html
HOUSE BILL No. 4141
January 26, 2011, Introduced by Rep. Melton and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
(MCL 380.1 to 380.1852) by adding sections 762 and 763.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 762. (1) The school district services consolidation
commission is created as a temporary commission under section 4 of
article V of the state constitution of 1963. The department shall
provide staffing and administrative support for the school district
services consolidation commission.
(2) The school district services consolidation commission
shall consist of the following 13 members:
(a) Four members appointed by the governor.
(b) Four members appointed by the senate majority leader.
(c) Four members appointed by the speaker of the house of
representatives.
(d) The superintendent of public instruction or his or her
designee as an ex officio member without a vote.
(3) The members first appointed to the school district
services consolidation commission shall be appointed within 45 days
after the effective date of this section.
(4) If a vacancy occurs on the school district services
consolidation commission, the vacancy shall be filled in the same
manner as the original appointment.
(5) The first meeting of the school district services
consolidation commission shall be called by the superintendent of
public instruction. At the first meeting, the school district
services consolidation commission shall elect from among its
members a chairperson and other officers as it considers necessary
or appropriate. After the first meeting, the school district
services consolidation commission shall meet at least monthly, or
more frequently at the call of the chairperson or if requested by 8
or more members.
(6) A majority of the members of the school district services
consolidation commission constitute a quorum for the transaction of
business at a meeting of the school district services consolidation
commission. A majority of the members present and serving are
required for official action of the school district services
consolidation commission.
(7) The business that the school district services
consolidation commission may perform shall be conducted at a public
meeting of the school district services consolidation commission
held in compliance with the open meetings act, 1976 PA 267, MCL
15.261 to 15.275.
(8) A writing prepared, owned, used, in the possession of, or
retained by the school district services consolidation commission
in the performance of an official function is subject to the
freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(9) Members of the school district services consolidation
commission shall serve without compensation. However, members of
the school district services consolidation commission may be
reimbursed for their actual and necessary expenses incurred in the
performance of their official duties as members of the school
district services consolidation commission.
Sec. 763. (1) The school district services consolidation
commission shall do all of the following:
(a) Review the current methods by which school districts,
intermediate school districts, and public school academies are
providing the noninstructional services identified in section 761
and any other services the commission considers appropriate for
consolidation to identify instances where consolidation of those
services on the local, regional, or state level would likely result
in significant cost savings without negative educational impact.
(b) Not later than 18 months after the commission is first
appointed, compile and submit to the superintendent of public
instruction and to the legislature a report detailing specific
instances where the commission is recommending consolidation of
noninstructional services on the local, regional, or state level.
The commission shall only recommend a consolidation of services if
the commission determines that the consolidation would likely
result in significant cost savings without negative educational
impact. The recommended consolidations may be on the local,
regional, or statewide level involving as many school districts,
intermediate school districts, public school academies, or state
entities as the commission considers appropriate. The report shall
contain specific, identifiable service consolidation
recommendations that clearly identify the services to be
consolidated; the school districts, intermediate school districts,
public school academies, and other entities to be involved in the
specific consolidation; the method by which the services are to be
consolidated; and the entity that is to provide the services.
(2) Subject to subsection (3), the superintendent of public
instruction shall issue orders to school districts, intermediate
school districts, and public school academies affected by the
service consolidation recommendations made under subsection (1)(b)
to implement the recommendations as soon as is possible, subject to
existing contracts and collective bargaining agreements. Each order
shall clearly identify the services to be consolidated; the school
districts, intermediate school districts, public school academies,
and other entities to be involved in the specific consolidation;
the method by which the services are to be consolidated; and the
entity that is to provide the services.
(3) The superintendent of public instruction shall not order
the implementation of a service consolidation recommendation made
under subsection (1)(b) if the legislature enacts legislation to
prevent the implementation of the service consolidation
recommendation before the end of the 45-day period beginning on the
date the commission submits its recommendations under subsection
(1)(b) or before the date the legislature adjourns sine die,
whichever is earlier. The superintendent of public instruction
shall not issue an order until after the legislature has this
opportunity to enact this legislation.
(4) A school district, intermediate school district, or public
school academy that is subject to an order of the superintendent of
public instruction under subsection (2) shall implement the order
as soon as possible and shall not renew or enter into any contract
or collective bargaining agreement that would impede the
implementation of the order or take any action that would impede
implementation of the order. Any contract, collective bargaining
agreement, or other action taken that violates this subsection is
void and unenforceable.
(5) If the school district services consolidation commission
determines that it would be helpful in carrying out its duties
under subsection (1), the commission may appoint from among its
members regional subcommittees to focus on consolidation of
services in specific regions of this state. The recommendations of
a regional subcommittee must be approved by the full commission to
be included in the specific recommendations under subsection
(1)(b).
(6) In addition to its duties under subsection (1), the school
district services consolidation commission may include in its
report under subsection (1) recommendations concerning
consolidation of school districts or intermediate school districts.
However, the school district services consolidation commission or
the superintendent of public instruction does not have authority
under this section to recommend closure of a school building or
consolidation of school districts or intermediate school districts
or any other action that would affect school district or
intermediate school district boundaries.
