Bill Text: MI HB4214 | 2009-2010 | 95th Legislature | Introduced

---

Bill Title: Education; facilities; school building site approval by local unit of government; require for certain school buildings, and prescribe criteria for site plan approval by superintendent of public instruction. Amends sec. 1263 of 1976 PA 451 (MCL 380.1263).

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2009-02-11 - Printed Bill Filed 02/11/2009 [HB4214 Detail]

Download: Michigan-2009-HB4214-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4214

 

February 10, 2009, Introduced by Reps. Gregory, Miller, Switalski, Haugh, Geiss, Hammel and Stanley and referred to the Committee on Education.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending section 1263 (MCL 380.1263), as amended by 2006 PA 276.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1263. (1) The board of a school district shall not build

 

a school upon a site without having prior title in fee to the site,

 

a lease for not less than 99 years, or a lease for not less than 50

 

years from the United States government, or this state, or a

 

political subdivision of this state.

 

     (2) The board of a school district shall not build a frame

 

school on a site for which it does not have a title in fee or a

 

lease for 50 years without securing the privilege of removing the

 

school.

 

     (3) The governing board of a public school shall not design or

 

build a school building to be used for instructional or

 

noninstructional school purposes or design and implement the design

 

for a school site unless the design or construction is in

 

compliance with 1937 PA 306, MCL 388.851 to 388.855a. The

 

superintendent of public instruction has sole and exclusive

 

jurisdiction over the review and approval of plans and

 

specifications for the construction, reconstruction, or remodeling

 

of school buildings used for instructional or noninstructional

 

school purposes and, subject to subsection subsections (4) and (7),

 

of site plans for those school buildings. The superintendent of

 

public instruction shall not approve a site plan for a school

 

building that does not provide transportation for its pupils unless

 

the superintendent of public instruction determines that the site

 

plan meets all requirements and recommendations of department

 

bulletin 412.

 

     (4) Unless the site is located within a city or village, the

 

governing board of a public school shall not build or expand a high

 

school building that provides transportation for its pupils on a

 

site without first submitting the site plan to the local zoning

 

authority unit of government for administrative review as provided

 

under this subsection. Not later than 60 days after receiving the

 

site plan, the local zoning authority unit of government shall

 

respond to the governing board with either a written notice that

 

the local zoning authority unit of government concurs with the site

 

plan or with written suggested changes to the site plan. If the

 

local zoning authority unit of government does not respond to the

 

governing board with either of these options, the governing board

 

shall be considered to have received a written notice of

 

concurrence from the local zoning authority unit of government. If

 

there are written suggested changes, then not later than 45 days

 

after receiving the written suggested changes, the governing board

 

shall respond to the local zoning authority unit of government with

 

a revised site plan that incorporates the changes or with an

 

explanation of why the changes are not being made. This subsection

 

applies to expansion of a high school building only if the

 

expansion will result in the square footage of the high school

 

building being increased by at least 20%. This subsection does not

 

apply to temporary structures or facilities that are necessary due

 

to unexpected enrollment increases and that are used for not more

 

than 2 years.

 

     (5) If mutually agreed by the governing board and the local

 

zoning authority unit of government, the time periods in subsection

 

(4) may be extended.

 

     (6) The communication required under subsection (4) between a

 

governing board and a local zoning authority is unit of government

 

for informational purposes only and does not require the governing

 

board to make any changes in its site plan. Once the process

 

prescribed under subsection (4) is complete, this section does not

 

require any further interaction between the governing board and a

 

local zoning authority unit of government.

 

     (7) The governing board of a public school shall not build or

 

expand a school building that does not provide transportation for

 

its pupils on a site without first obtaining the approval of the

 

local unit of government. To obtain this approval, the governing

 

board shall submit the site plan to the local unit of government

 

for administrative review and approval as provided under this

 

subsection. Not later than 60 days after receiving the site plan,

 

the local unit of government shall respond to the governing board

 

with either a written notice that the local unit of government

 

approves the site plan or with written suggested changes to the

 

site plan. If the local unit of government does not respond to the

 

governing board with either of these options, the governing board

 

shall be considered to have received a written notice of approval

 

from the local unit of government. If there are written suggested

 

changes, then, not later than 45 days after receiving the written

 

suggested changes, the governing board shall respond to the local

 

unit of government with a revised site plan that incorporates the

 

changes or with an explanation of why the changes are not being

 

made. This subsection applies to expansion of a school building

 

only if the expansion will result in the square footage of the

 

school building being increased by at least 20%. This subsection

 

does not apply to temporary structures or facilities that are

 

necessary due to unexpected enrollment increases and that are used

 

for not more than 2 years. If mutually agreed by the governing

 

board and the local unit of government, the time periods in this

 

subsection may be extended.

 

     (8) (7) A local zoning authority unit of government shall not

 

charge a governing board a fee for the process prescribed under

 

subsection (4) or (7) that exceeds $250.00 for an administrative

 

review or $1,500.00 for total costs incurred by a local zoning

 

authority unit of government under subsection (4) or (7) for the

 

specific project involved.

 

     (9) (8) As used in this section:

 

     (a) "High school building" means any structure or facility

 

that is used for instructional purposes, that offers at least 1 of

 

grades 9 to 12, and that includes an athletic field or facility.

 

     (b) "Local zoning authority unit of government" means the

 

zoning authority for the jurisdiction city, village, or township in

 

which the construction or expansion of a high school building is to

 

occur.

 

     (c) "School building" means any structure or facility that is

 

used for instructional purposes.