Bill Text: MI SB0118 | 2021-2022 | 101st Legislature | Introduced
Bill Title: School aid: penalties; penalties for prohibited conduct; modify. Amends sec. 163 PA 1979 PA 94 (MCL 388.1763).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2021-05-20 - Assigned Pa 0015'21 With Immediate Effect [SB0118 Detail]
Download: Michigan-2021-SB0118-Introduced.html
SENATE BILL NO. 118
February 10, 2021, Introduced by Senator
MCBROOM and referred to the Committee on Appropriations.
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending section 163 (MCL 388.1763), as amended by 2020 PA 165.
the people of the state of michigan enact:
Sec. 163. (1) Except as otherwise provided in
the revised school code, the board of a district or intermediate district shall
not permit any of the following:
(a) An individual who is not
appropriately placed under a valid certificate,
valid substitute permit, authorization, or approval issued under rules
promulgated by the department to teach in an elementary or secondary school.
(b) An
individual who does not satisfy the requirements of section 1233 of the revised
school code, MCL 380.1233, and rules promulgated by the department to provide
school counselor services to pupils in an elementary or secondary school.
(c) An
individual who does not satisfy the requirements of section 1246 of the revised
school code, MCL 380.1246, or who is not working under a valid substitute
permit issued under rules promulgated by the department, to be employed as a
superintendent, principal, or assistant principal, or as an individual whose
primary responsibility is to administer instructional programs in an elementary
or secondary school , or in a district
or intermediate district.
(2)
Except as otherwise provided
in the revised school code,
this subsection, or subsection (4), a district or intermediate
district employing individuals
an individual in
violation of this section shall
must have
deducted the sum an amount equal to 50% of the amount paid to the individuals individual for the
period of employment . Each intermediate superintendent
shall notify the department of the name of the individual employed in violation
of this section, and the district employing that individual and the amount of
salary the individual was paid within a constituent district.that is in violation of this section.
If a district or intermediate district is notified by the department that it is
employing an individual in violation of this section and it continues to employ
the individual in violation of this section 10 days after receiving the
notification, both of the following apply:
(a) The
district or intermediate district must have deducted an amount equal to 50% of
the amount paid to the individual for the period of employment that is in
violation of this section that occurs before the expiration of the 10-day
period described in this subsection.
(b) The
district or intermediate district must have deducted an amount equal to 100% of
the amount paid to the individual for the period of employment that is in
violation of this section that occurs after the 10-day period described in this
subsection.
(3) For
purposes of subsection (2), if a district, intermediate district on behalf of
an individual, or an individual successfully completes the credential
application process through the department, including the submission of an
appropriate application, required fees, and all required supporting
documentation, the individual's employment with the district or intermediate
district after this completion is not considered a period of employment that is
in violation of this section.
(4) A
deduction under subsection (2) may be less than the amount required under that
subsection if the superintendent of public instruction finds that the district
or intermediate district was hindered in its ability to obtain a substitute
credential to enable the district or intermediate district to employ the
individual in compliance with this section due to unusual and extenuating
circumstances resulting from conditions not within the control of school
authorities, including, but not limited to, a natural disaster, death or
serious illness of the individual or another employee, an emergency school
closure, fraud or other intentional wrongdoing of the individual or another
employee, or an emergency health condition as defined by city, county, or state
health authorities.
(5) Upon
request by a district or intermediate district, the department shall credit the
amount of a deduction under subsection (2) or (4) against the amount of an
adjustment in payments under section 15 that is based on the employment of the
individual that gave rise to the deduction under subsection (2) or (4). The
amount of the credit under this subsection must not be in an amount that is
greater than the deduction assessed under subsection (2) or (4).
(6) (3) If a school official is notified by the department that he or she is employing an individual in violation of this section and knowingly continues to employ that individual, the school official is guilty of a misdemeanor punishable by a fine of $1,500.00 for each incidence. This penalty is in addition to all other financial penalties otherwise specified in this article.
