Appendix to Brief for Petitioners
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IN THE SUPREME COURT O F THE UNITED STATES October Term, 1973 No. 73 -434 WILLIAM G. M ILLIKEN, et al, V. Petitioners, RONALD G. BRA D LEY, et al, Respondents. ON WRIT O F CERTIORARI TO THE UNITED STATES COURT OF APPEALS FO R THE SIXTH CIRCUIT APPENDIX TO B R IE F FO R PETITIONERS FRAN K J. K E L L E Y Attorney General Robert A. Derengoski Solicitor General Eugene Krasicky Gerald F . Young George L. McCargar Thomas F . Scliimpf Assistant Attorneys General Attorneys for Petitioners Business Address: 750 Law Building 525 West Ottawa Street Lansing, Michigan 48 9 1 3 1 INDEX TO APPENDIX TO BR IEF O F PETITIONERS MILLIKEN ET AL Page Michigan Constitution of 1908 .................................................... laa Michigan Constitution of 1963 .................................................... laa 1955 PA 269 , as amended, MCLA 340.1 et seq.; MSA 15.3001 et seq. (The School Code of 1 9 5 5 ) ........................ 6aa 1842 PA 70 ............................................................................................ 52aa 1969 PA 2 44 ........................................................................................ 52aa 1970 PA 48 ............................................................................................ 54aa 1964 PA 289 ................................................................... 58aa 1967 PA 239 ........................................................................................ 64aa 1937 PA 306 , § 1 ................................................................................... 68aa 1949 PA 231, §1 ...................................................................................... 69aa 1962 PA 175, §1 ................................................................................... 70aa 1968 PA 239 , §1 ................. .. .............................................................7 laa 1957 PA 312, § 3 4 ................................................................................ 72aa 1972 PA 258, § 18 ................................................................................ 73aa 1972 PA 258, §21 ................................................................................... 74aa 1973 PA 101, § 2 1 ( 1 ) ........................................................................ 74aa 1972 PA 258, §51 ................................................................................... 75aa 1973 PA 101, §51 ................................................................................ 75aa 1947 PA 336, §1 5 , as added by 1965 PA 379 ......................... 76aa 1969 PA 306, §46 , as amended by 1971 PA 171 77aa laa CONSTITUTION OF 1908 ARTICLE XI. EDUCATION. Superintendent of public instruction; election; term ; duties; compensation. Sec. 2.A superintendent of public instruction shall be elected at the regular election to be held on the first Monday in April, nineteen hundred nine, and every second year thereafter. He shall hold office for a period of two years from the first day of July fol lowing his election and until his successor is elected and qualified. He shall have gen eral supervision of public instruction in the state. He shall be a member and secretary of the state board of education. He shall be ex-officio a member of all other boards having control of public instruction in any state institution, w ith the right to speak but not to vote. His duties and compensation shall be prescribed In law. HISTOHY: See Const. 1S50. 13. 1;S. 1: 9, 1. STATE BOARD OF EDUCATION: Set* Sec. 6. Art. XI <»f this constitution. CONSTITUTION OF MICHIGAN OF 1963 ARTICLE 4 Legislative Branch General appropriation bills; priority, statem ent of estim ated revenue. Sec. 31. The general appropriation bills for the succeeding fiscal period covering items set forth in the budget shall be passed or rejected in either house of the legisla ture before that house passes any appropriation bill for items not in the budget except bills supplementing appropriations for the current fiscal year’s operation. Any bill re quiring an appropriation to carry out its purpose shall be considered an appropriation bill. One of the general appropriation bills as passed by the legislature shall contain an itemized statment of estimated revenue by major source in each operating fund for the ensuing fiscal period, the total of which shall not be less than the total of all appropria tions made from each fund in the general appropriation bills as passed. HISTORY: Now Section. 2aa Bills passed; approval by governor or veto, reconsideration by legislature. Sec. 33. Ever)' bill passed by the legislature shall be presented to the governor be fore it becomes law, and the governor shall have 14 days measured in hours and min utes from the time of presentation in which to consider it. If he approves, he shall within that time sign and file it with the secretary of state and it shall become law. If he does not approve, and the legislature has within that time finally adjourned the ses sion at which the bill was passed, it shall not become law. If he disapproves, and the legislature continues the session at which the bill was passed, he shall return it within such 14-day period with his objections, to the house in which it originated. That house shall enter such objections in full in its journal and reconsider the bill. If two-thirds of the members elected to and serving in that house pass the bill notwithstanding the ob jections of the governor, it shall be sent with the objections to the other house for re consideration. The bill shall become law if passed by two-thirds of the members elec ted to and serving in that house. The vote of each house shall be entered in the journal with the votes and names of the members voting thereon. If anv bill is not returned bv the governor within such 14-dav period, the legislature continuing in session, it shall become law as if he had signed it. HISTORY: See Const. 1908, V, 36. ARTICLE 5 Executive Branch Disapproval of items in appropriation bills. Sec. 19. The governor may disapprove any distinct item or items appropriating mon eys in any appropriation bill. The part or parts approved shall become law, and the item or items disapproved shall be void unless re-passed according to the method pre scribed forthe passage of other bills over the executive veto. HISTORY: See Const. 1908, V, 37. Civil rights commission; m em bers, term , duties, appropriation. Sec. 29. There is hereby established a civil rights commission which shall consist of eight persons, not more than four of whom shall be members of the same political party, who shall be appointed by the governor, by and with the advice and consent of the senate, for four-year terms not more than two of which shall expire in the same year. It shall be the duty of the commission in a manner which may be prescribed by law to investigate alleged discrimination against any person because of religion, race, color or national origin in the enjoyment of the civil rights guaranteed by law and by this constitution, and to secure the equal protection of such civil rights without such discrimination. The legislature shall provide an annual appropriation for the effective operation of the commission. 3aa Rules and regulations; hearings, orders. The commission shall have power, in accordance with the provisions of this consti tution and of general laws governing administrative agencies, to promulgate rules and regulations for its own procedures, to hold hearings, administer oaths, through court authorization to require the attendance of witnesses and the submission of records, to take testimony, and to issue appropriate orders. The commission shall have other pow ers provided by law to carry out its purposes. Nothing contained in this section shall be construed to diminish the right of any party to direct and immediate legal or equi table remedies in the courts of this state. Appeals. Appeals from final orders of the commission, including cease and desist orders and refusals to issue complaints, shall be tried de novo before the circuit court having juris- dict ion provided bv law. I US TORY: \e\v Section. C ARTICLE 8 Education Free public elem entary and secondary schools; discrimination. Sec. 2. The legislature shall maintain and support a system of free public elementary and secondary7 schools as defined by law. Every school district shall provide for the ed ucation of its pupils without discrimination as to religion, creed, race, color or national origin. Nonpublic schools, prohibited aid. No public monies or property shall be appropriated or paid or any public credit uti lized, by the legislature or any other political subdivision or agency of the state di rectly or indirectly to aid or maintain any private, denominational or other nonpublic, pre-elementary, elementary, or secondary school. No payment, credit, tax benefit, ex emption or deductions, tuition voucher, subsidy, grant or loan of public monies or property shall be provided, directly or indirectly, to support the attendance of any stu dent or the employment of any person at any such nonpublic school or at any location or institution where instruction is offered in whole or in part to such nonpublic school students. The legislature may provide for the transportation of students to and from any school. HISTORY: Am. proposed by initiative petition; ratified at general election on Nov. 3,1970. See Const. 1908, XI, 9. Invalid provision, see p. 50. State board of education; duties. Sec. 3. Leadership and general supervision over all public education, including adult education and instructional programs in state institutions, except as to institutions of higher education granting baccalaureate degrees, is vested in a state board of educa tion. It shall serve as the general planning and coordinating body for all public educa- 4aa State board of education; duties. Sec. 3. Leadership and general supervision over all public education, including adult education and instructional programs in state institutions, except as to institutions of Higher education granting baccalaureate degrees, is vested in a state board of educa- hon. It shall serve as the general planning and coordinating body for all public educa tion, including higher education, and shall advise the legislature as to the financial re quirements in connection therewith. Superintendent of public instruction; appointm ent, pow ers, duties. The state board of education shall appoint a superintendent of public instruction whose term of office shall be determined by the board. He shall be the chairman of the board without the right to vote, and shall be responsible for the execution of its poli cies. He shall be the principal executive officer of a state department of education which shall have powers and duties provided by law. State board of education; m em bers, nom ination, election, term . The state board of education shall consist of eight members who shall be nominated by party conventions and elected at large for terms of eight years as prescribed bv law . The governor shall fill any vacancy by appointment for the unexpired term. The gov ernor shall be ex-officio a member of the state board of education without the right to vote. Boards of institutions of higher education, lim itation. lhe power of the boards of institutions of higher education provided in this consti tution to supervise their respective institutions and control and direct the expenditure of the institutions’ funds shall not be limited by this section. HISTORY: See Const. 190S. XI, 2, 6. ARTICLE 9 Finance and Taxation 1 5 mill limitation. Sec. 6. Except as otherwise provided in this constitution, the total amount of general ad valorem taxes imposed upon real and tangible personal property for all purposes in any one year shall not exceed 15 mills on each dollar of the assessed valuation of prop erty as finally equalized. Under procedures provided by law, which shall guarantee the right of initiative, separate tax limitations for any county and for the townships and for school districts therein, the aggregate of which shall not exceed 18 mills on each dollar of such valuation, may be adopted and thereafter altered by the vote of a majority of the qualified electors of such county voting thereon, in lieu of the limitation hereinbe fore established. These limitations may be increased to an aggregate of not to exceed 50 mills on each dollar of valuation, for a period of not to exceed 20 years at any one time, if approved by a majority of the electors, qualified under Section 6 of Article II of this constitution, voting on the question. 5aa Nonapplication of limitation. The foregoing limitations shall not apply to taxes imposed for the payment of princi pal and interest on bonds or other evidences of indebtedness or for the payment of as sessments or contract obligations in anticipation of w hich bonds are issued, which taxes may be imposed without limitation as to rate or amount; or to taxes imposed for any other purpose by any city, village, charter county, charter township, charter au thority or other authority, the tax limitations of which are provided by charter or by general law. School districts in 2 or m ore counties. In any school district which extends into two or more counties, property taxes at the highest rate available in the county which contains the greatest part of the area of the district may be imposed and collected for school purposes throughout the district. HISTORY: See Const. 1908, X, 21. State school aid fund, source and distribuffon. Sec. 11. There shall be established a state school aid fund which shall be used exclu sively for aid to school districts, higher education and school employees' retirement systems, as provided bv law. One-half of all taxes imposed on retailers on taxable sales at retail of tangible personal property, and other tax revenues provided bv law, shall be dedicated to this fund. Payments from this fund shall be made in full on a sched uled basis, as provided by law. HISTORY: New Section. Paym ents from state treasury . Sec. 17. No money shall be paid out of the state treasury except in pursuance of ap propriations made by laws HISTORY: See Const. 1908, X. 16. 6aa Act 269,1955, p. 475; Eff. Jul. 1. AN ACT to provide a system of public instruction and primary schools; to provide for the classification, organization, regulation and maintenance of schools and school districts; to prescribe their rights, powers, duties and privileges; to provide for regis tration of school districts, and to prescribe powers and duties with respect thereto^ to provide for and prescribe the powers and duties of certain boards and officials; to pre scribe penalties; and to repeal certain acts and parts of acts. The P eople o f the State o f Michigan enact: PART 1. CHAPTER 1. CLASSIFICATION. 340.1 School code of 1955; short title. Sec. 1. This act shall be known and may be cited as “The school code of 1955”. HISTORY: New 1955, p. 475, Act 269, Eff. Jul. 1. CITED IN OTHER SECTIONS: Sections 340.1 to 340.984 are cited in §§ 388.650, 388.681, and 389.81. 3 40 .2 School districts; organization. Sec. 2. Hereafter, except as otherwise provided in this act, each and every school district shall be organized and conducted as: 1. A primary school district; or 2. A school district of the fourth class; or 3. A school district of the third class; or 4. A school district of the second class; or 5. A school district of the first class. HISTORY: New 1955, p. 475, Act 269, Eff. Jul. 1. 340.3 Sam e; loss of organization, apportionm ent of te rrito ry . [M .S .A . 15 .3003] Sec. 3. Any school district shall lose its organization ■whenever there are not enough persons in such district qualified under the law to hold district offices or who will accept such offices. Upon the happening of either condition, the county board of education of the county containing the district shall declare by resolution such district dissolved and shall immediately attach the territory thereof, in whole or in part, to other districts already organized and make an equitable distribution of the money, property and other material belonging to such district among the districts to which the territory thereof shall be attached: Provided, That if the district extends into more than 1 county, the county boards of edu cation of all such counties shall meet jointly and sit as a single board for the dissolution of such district. 7aa § 3 , as amended by 1964 PA 176 340 .3 School districts; d isorganization, apportionm ent of territory, taxes. Sec. 3. Any school district shall lose its organization whenever there are not enough persons in such district qualified under the law to hold district offices or who will ac cept such offices. Upon the happening of either condition, the county board of educa tion of the county containing the district shall declare by resolution such district dis solved and shall immediately attach the territory thereof, in whole or in part, to other districts already organized and make an equitable distribution of the money, propertv and other material belonging to such district among the districts to which the territorv thereof shall be attached. If the district extends into more than 1 county, the countv boards of education of all such counties shall meet jointly and sit as a single board for the dissolution of such district. The property of the disorganized district shall be sub ject to any increase in the constitutional limitation on taxes which have been voted bv the electors of the district to which it is attached, whether the voted increase is for building and site purposes, general fund purposes, or for the retirement of bonds ex cept it shall receive a credit in the amount of any levy remaining to be paid on anv outstanding debt in the disorganized district, which shall be paid until debt is retired and shall also pay an amount equal to the amount levied for debt retirement by the district to which it is attached not to exceed 5 mills on the state equalized valuation in the disorganized district. All other taxes levied for the purposes of the combined school district, including taxes for the retirement of bonded indebtedness, shall be spread over the entire area of the combined district. Bonded indebtedness; board of trustees of receiving district; taxe s; audit. If any disorganized district has a bonded indebtedness the district shall be attached in whole to another district by the intermediate board of education. The identity of the district shall not be lost by virtue of the attachment, and its territory shall remain as a separate assessing unit for the purpose of the bonded indebtedness until the in debtedness has been retired or refunded. The board of the district to which the disor ganized district is attached shall constitute the board of trustees for the disorganized district having the bonded indebtedness, and its officers shall be the officers for the disorganized district. The board of the district to which the disorganized district has been attached shall certify and order the levy of taxes for such bonded indebtedness in the name of the disorganized district, shall not commingle the debt retirement funds of the disorganized district with those of the district to which it has been attached, and shall do all things relative to the bonded indebtedness required by law and by the terms under which the issuance and sale of the bonds were originally authorized. All other taxes levied for the purposes of the combined school district, including taxes lev ied for the retirement of bonded indebtedness, shall be spread over the entire area of the combined district. Immediately upon the attachment of a disorganized district to another district the intermediate board shall audit the assets and liabilities of the disor ganized district and if any considerable discrepancy is found the intermediate board shall order the receiving district to pay this discrepancy. The disorganized district shall repay from any moneys available including voted millage that amount in a time to be determined by the intermediate board. HISTOhV: New 1955, p. 475. Act 269, Eff. Jul. 1;—Am. 1964, p. 236. Act 176, Imd. Eff. May 19. 8aa CHAPTER 3. SCHOOL DISTRICTS OF THE FOURTH CLASS. 340.51 Fourth class districts; reclassification as graded , township or rural agricultural districts. Sec. 51. Each school district organized as a graded, township or rural agricultural school district at the time of the taking effect of this act shall be a school district of the fourth class subject to reclassification as hereinafter provided, and shall operate and be governed as such by the provisions of this chapter and by such provisions of part 2 of this act as are not inconsistent with this chapter. HISTORY: New 1955, p. 480, Act 269, Elf. Jul. 1. 340.52 Fourth class districts; reclassification in certain prim ary districts. Sec. 52. Any primary school district having a school census of more than 75 and less than 2,400 children between the ages of 5 and 20 as certified by the superintendent of public instruction, by a majority vote of the qualified voters present at an annual or special meeting may organize as a fourth class school district. HISTORY: New 1955, p. 480, Act 269, Elf. Jul. 1:—Am. 1959, p. 451, Act 271, Imd. Elf. Nov. 3. 340.53 Fourth class districts; referendum on reclassification in certain pri m ary districts. Sec. 53. In each primary district which shall hereafter have a school census of more than 75 and less than 2,400 children between the ages of 5 and'20,'as certified by the superintendent of public instruction, the question of organizing as a fourth class school district may be submitted to the school electors thereof at an annual or special school meeting following the attainment of such school census. The intention to submit the question of the organization of a fourth class school district shall be expressed in the notice of such annual or special meeting. HISTORY: New 1955, p. 480, Act 269, Eff. Jul. 1;—Am. 1959, p. 452, Act 271, Imd. Elf. Nov. 3. 340 .5 4 Fourth class districts; notice of reclassification. Sec. 54. Whenever the electors of the district have by their vote approved the re classification of a primary district to a district of the fourth class, it shall be the duty of the secretary of the board to give notice of such reclassification, in writing, to the county superintendent of schools of each county in which the district is situated and to the superintendent of public instruction within 10 days after the vote thereon. HISTORY: New 1955, p. 480, Act 269, Eff. Jul. 1. 9aa 340 .55 Board of education; election, term , qualification, acceptance. Sec. 55. When such change in the organization of the district shall have been voted, the voters at the next annual election or annual meeting shall proceed to elect by bal lot a board of 5 members, 1 member for the term of 1 year, 2 for the term of 2 years, and 2 for the term of 3 years, and annually thereafter a successor or successors to the member or members whose terms of office shall expire. The term of office of a mem ber of the board of any district governed by the provisions of this chapter shall be for 3 years, except in the case of the board elected at the first annual election or annual meeting following reclassification. Successors to the members whose terms expire shall be elected by the school electors of the district, by ballot, at each annual election or annual meeting. The board of the primary district shall continue to be the board for the district until the election and qualification of the new board at the first annual election or annual meeting following reclassification, and upon the qualification for and acceptance of office pursuant to section 493 of this act by 3 of the newly elected members, the district shall be deemed duly organized. After the annual election or an nual meeting in 1960, the board of all fourth class school districts operating grades kin dergarten through 12 shall consist of 7 members. At the annual election or annual meeting in 1960, the voters shall elect bv ballot for a term of 4 years, 2 board mem bers, and the voters shall elect by ballot for a term of 3 years successors to the mem bers whose terms of office shall expire. At the annual election or annual meeting there after, the voters shall elect for a term of 4 years successors to the members whose terms shall expire. After the rotation is established, not more than 2 members shall be elected in any one year to fill vacancies occurring by expiration of terms. HISTORY: New 1955, p. 481, Act 269, Eff. Jul. 1;—Am. 1959, p. 16, Act 16, Eff. Mar. 19, 1960. 3 4 0 .5 5a Board of education; school m eetings, adoption of election system , rescission, election of board m em bers. Sec. 55a. In school districts of the fourth class having a school census of less than 600 children there shall be held school meetings rather than school elections: Pro vided, That the board of education may by resolution determine that school elections rather than school meetings be held within such district, as provided by sections 72 through 76 of this act. Such resolution once adopted mav be rescinded by the board and shall be rescinded upon petition of a majority of the electors of the district, but such rescission shall not be effective as to any election held less than 90 davs following the adoption of the resolution to rescind. In fourth class school districts holding school meetings rather than school elections, such meetings shall be called and held at the times and in the manner provided by sections 34 through 37 of this act. At the annual meeting there shall be elected by ballot school board members to succeed those whose terms then expire, and to fill vacancies. The school electors present at anv annual meeting shall have all of the powers granted to school electors in districts of the fourth class. The president of the board of education shall preside, when present, at all meet ings of the district, and the secretary of the board, when present, shall act as clerk. HISTORY: Add. 1956, p, 462, Act 215, Imd. Eff. May 1;—Am. 1957, p. 90, Act 88, Imd. Eff. May 23. lOaa 340.56 Board of education; nominating petitions, canvass, w ithdraw al of candidate, ballot form. Sec. 56. Candidates for members of the first and succeeding boards to be elected under this chapter shall be nominated by petition. To obtain the printing of the name of any candidate for member of the board on the ballot, the candidate shall file nomi nation petitions with the secretary of the board not later than 4 p.m. on the thirtieth day prior to the date of the election, unless the thirtieth day falls on a Saturday, Sun day or legal holiday in which case nomination petitions may be served on the secretary up to 4 p.m. on the next secular day. Each petition shall be signed by a number of • qualified school electors of the district equal to not less than 1% nor more than 4% of the total number of votes received by the candidate for member of the board of edu cation who received the greatest number of votes at the last election at which mem bers to the board of education were elected but in no case shall such number be less than 20. No elector shall sign petitions for more candidates than are to be elected. The petitions shall be in the form prescribed in section 538 of this act except that the peti tion shall refer to qualified school electors rather than registered school electors. Upon the filing of nomination petitions with the secretary of the board, the official shall canvass the same to ascertain if such petitions have been signed by the requisite number of qualified electors, and for the purpose of determining the validity thereof may cause any doubtful signatures to be checked against the registration records of the clerk of any political subdivision in which the petitions were circulated, or may use any other method he deems proper for determining the validity of such doubtful signa tures. In case it is determined that the nomination petitions of any candidate do not comply with such requirements, or if such candidate does not possess the qualifica tions as required by law for membership on the board, it shall be the duty of the secre tary of the board to notify immediately such candidate of such fact. In the case of nomination petitions filed on behalf of the secretary of the board, the treasurer of the board shall perform the duties of the secretary in connection therewith instead of the secretary. After the filing of a nomination petition by or on behalf of a candidate for member ship on the board, such candidate shall not be permitted to withdraw unless a written notice of withdrawal, signed by the candidate, is served on the secretary of the board not later than 4 p.m. of the third day after the last day for filing such petition unless the third day falls on a Saturday, Sunday or legal holiday, in which case the notice of withdrawal may be served on the secretary up to 4 p.m. on the next secular dav. The secretary of the board shall prepare and have printed an official ballot which shall contain a separate area for each term of office. The ballot shall be substantially in the same form as provided in the general election law and the names of all candidates who have been duly nominated for each term of office shall be printed in the proper place thereon. In the printing of the ballots, the provisions of the general law of the state for transposing and alternating the positions of the names of candidates on pri mary election ballots shall apply. No party emblem or designation shall be placed on school election ballots. The head of each section of the ballot shall have printed on it the number of persons to be voted for, and the expiration date of the term involved. HISTORY: New 1955, p. 481, Act 269, Eff. Jul 1;— Am. 1961, p. 36S, Act 218, Eff. Sep. 8:—Am. 1968, p. 133, Act 80, Imd. Eff. Jun. 4. 1 laa 340 .57 Board of education; officers, election; rem oval. Sec. 57. The members of the board shall meet on the second Monday of July suc ceeding their election and annually on the same day thereafter. The members of the board shall organize the board by electing a president, a secretary- and a treasurer, and for cause may remoye the same from such offices and shall elect others of their num ber in such places. HISTORY New 1955, p. 481. Act 269 .Eff. Jul. 1;—Am. 1961, p. 30, Act 29, Imd. Eft. May 12;—Am. 1967, p. 247, Act 185, Imci. Eff. Jun.30. 340.58 Board of education; appointment of officers by county board. See. 58. Whenever, in anv case, the board shall fail or neglect to elect the officers of the board as provided in this chapter within 15 days after the annual election, the county board of education shall appoint the said officers from the members of the board: Provided, That if the district extends into more than 1 county, the county boards of education of all such counties shall meet jointly and sit as a single board for the purpose of appointing the officers. HISTORY: New 1955, p. 482, Act 269, Eff. Jul. 1. 340 .59 Treasurer; bond, sureties; exceptions. Sec. 59. Within 30 days after his appointment, the treasurer of the board shall file with the secretary an official bond in such an amount and form as may be determined by said board, except that when the board treasurer is not directly handling school dis trict money or signing checks no bond is necessary. When the authority for directing the administration of school district money rests with a school district employee, said person and all persons connected therewith shall be bonded. If a surety bond is given, it shall be paid for by the district. HISTORY: New 1955, p. 482, Act 269, Eff. Jul. 1;—Am. 1966, p. 344, Act 255, Imd. Eff. Jul. 11. 340 .60 President; duties. Sec. 60. It shall be the duty of the president of the board: A Presiding officer at m eetings of board. First, to preside at all meetings of the board; Countersignature of orders. Second, To countersign all orders legally draw n by the secretary upon the treasurer for moneys to be disbursed on behalf of the district; Prosecution of action on treasu rer’s bond. Third, To cause an action to be prosecuted in the name of the district on the treas urer’s bond in case of any breach of any condition thereof; and Other duties. Fourth, To perform such other duties as may be appropriate to the duties of his of fice in the management of the schools as the board shall determine. HISTORY: New 1955, p. 4S2, Act 269, Eff. Jul. 1 12aa 340.61 Secretary; duties. Sec. 61. It shall be the duty of the secretary of the board: Clerk at m eetings of board. First, To act as clerk at all meetings of the board; Record of proceedings of board. Second, To record the minutes of all meetings, orders, resolutions and other pro ceedings of the board in proper record books and sign the same; Notice of elections. Third, To give or cause to be given the prescribed notice of the annual election and of any special elections of the district; Annua! and other reports. Fourth, To prepare the annual report of the school district and such other reports as may be required by the superintendent of public instruction; Orders. Fifth, To draw and sign orders upon the district treasurer for all moneys to be dis bursed by the district, and present such orders to the president to be countersigned by that officer. Each order shall be properly numbered and dated, shall specify the sources of the funds called for, and the purpose for which and the fund upon which it is drawn; and Other duties. Sixth, To perform such other duties as are or shall be required by law or by the board. HISTORY: New 1955, p. 482, Act 269, Eff. Ju l 1. 340.62 Treasurer; duties. Sec. 62. It shall be the duty of the treasurer of the board: School m oneys; deposit as designated by board. First, The treasurer shall have the care and custody of all the moneys of the district coming into his hands. He shall deposit all funds of the district with any bank or bank ing corporation or trust company designated by the board and in such proportion and manner as shall be provided by said board; Paym ent of orders. Second, To pay all orders of the secretary when lawfully drawn and countersigned by the president out of any moneys in his hands belonging to the fund upon which such orders shall be drawn; Receipts and disbursem ents; record. Third, To keep or cause to be kept a record book in which all moneys received and disbursed shall be entered, the sources from which the same have been received, and the person to whom and the objects for which the same have been paid; 13aa Sam e; report, vouchers. Fourth, To present to the board at the close of the school year a report in. writing containing a statement of all moneys received during such year and of each item of disbursement made and exhibit the vouchers therefor if requested by the board, and he shall maintain a permanent file of said vouchers; and Other duties. Fifth, To perform such other duties as are or shall be required by law or by the board. HISTORY: New 1955, p. 483, Act 269, Eff. Jul. 1. 340.63 Board of education m onthly m eetings; special m eeting, notice, service. Sec. 63. The board shall hold 1 regular meeting each month at a time and place to be determined by said board and no notice of such meeting shall be required if the hour and place of such meeting shall have been fixed by resolution of the board and placed on the records of the secretary of said board. Special meetings of the board may be called by the president of the board, or any 2 members thereof, by serving on the other members a written notice of the time and place of any such special meeting. Service of such notice may be made by delivering the notice to the members person ally or by leaving the same at each member’s residence with some person of the house hold at least 24 hours before such meeting is to take place, or by depositing the same in a government mail receptacle enclosed in a sealed envelope plainly addressed to such member at his last known residence address at least 72 hours before such meeting is to take place. Such service may be made by a member of the board or any employee of the board. HISTORY: New 1955, p. 483, Act 269, Eff. Jul. 1, 3 4 0 .6 4 High schools; establishm ent, election. Sec. 64. When directed by a majority vote of the school electors voting on the ques tion at an annual or special election, the board shall establish a high school and deter mine the qualifications for admission to such high school: Provided, That such vote shall not be required in districts in which high schools have been established at the time of the taking effect of this act, or in the case of the formation of districts by con- solidation or annexation where high schools have been established at the time of such, consolidation or annexation. HISTORY: New 1955, p. 483, Act 269, Eff. Jul. 1. 340 .65 High schools; discontinuance; tuition and transportation. Sec. 65. When directed by a majority vote of the school electors, the board may dis continue the high school in such district. In such event, however, said board shall make provision to send the pupils of said high school to the high school of another dis trict or districts. When such action has been taken, said board shall use the necessary funds to pay the tuition as provided in section 761 of this act and shall provide trans portation for all such pupils. HISTORY: New 1955, p. 483, Act 269, Eff. Jul. 1. 14aa 340 .66 Superintendent of schools; adm inistrators; term s, duties. Sec. 66. The board may employ a superintendent of schools who shall meet the qualifications prescribed in section 573, and shall employ a superintendent if 12 or more teachers are employed. The contract with the superintendent shall be for a term fixed by the board not to exceed 3 years. The board may employ assistant superintend ents, principals, assistant principals, guidance directors and other classified administra tors who do not assume tenure in position, for a term fixed by the board not to exceed 3 years, and shall define their duties. The employment shall be under written contract. Notification of nonrenewal of contract shall be given in writing at least 90 days prior to the contract termination date or the contract is renewed for an additional 1-year period. The superintendent shall have the following duties: (a) To recommend in writing all teachers necessary for the schools and to suspend any teacher for cause until the board may consider such suspension. (b) To classify and control the promotion of pupils. (c) To recommend to the board the best methods of arranging the course of study and the proper textbooks to be used. (d) To make reports in writing to the board and to the state board of education an nually, or oftener if required, in regard to all matters pertaining to the educational in terests of the district. (e) To supervise and direct the work of the teachers and other employees of the board. (f) To assist the board in all matters pertaining to the general welfare of the school and to perform such other duties as the board may determine. (g) To put into practice the educational policies of the state and of the board in ac cordance with the means provided by the board. HISTORY: New 1955, p. 484, Act 269, Eff. !ul. 1;—Am. 1958, p. 117, Act 110, Eff. Sep. 13;—Am. 1966, p. 342, Act 254, Imd. Eff. lul. 11; —Am. 1970, p. 661, Act 247, Imd. Eff. Dec. 30. 340 .67 Discontinuance of schools or grades; tuition and transportation of students. Sec. 67. At an annual or special election, the school electors may vote to discontinue school in the district for the ensuing or current year and direct the board to make pro vision to send the children resident therein to another school or schools; or may vote to direct the board to make provision to send the children of any grade to another school or schools. When such action has been taken, the board shall use any funds, ex cept library or building funds, to pay for the tuition and transportation of all such chil dren. HISTORY: New 1955, p. 484, Act 269, Eff. Jul. 1. 15aa 340 .63 Transportation within district; routes. Sec. 68. The board of any fourth class school district may provide for the transporta tion of pupils within the district when authorized by a majority vote of the school elec tors of the district voting on the question at an annual or special election. The board shall designate the routes over which the vehicles are to travel: Provided, however, That in districts in which the board was required by law or authorized by the electors to furnish such transportation at the time this act takes effect, such board shall con tinue such transportation until such authorization is rescinded by a majority of the electors of the district voting on the question at an annual or special election. HISTORY: New 1955, p. 484. Act 269, Eff. Jul. 1. 340 .6 9 Transportation and tuition to other districts; resident pupils. Sec. <69. The board may use money in the general fund or funds received from state appropriations for aid to school districts for the purpose of paying tuition and trans portation to another district or districts of resident pupils, even though the grades in which such pupils may be enrolled are maintained within the district. HISTORY. New 1955, p. 484, Act 269, EH. Jul. 1. 340 .7 0 Num ber or nam e of school district; changes. Sec. 70. The county board of education shall give a number to each of the fourth class school districts within the county: Provided, That when the territory of the dis trict extends into more than 1 county, such number shall be given by the countv boards of education of all such counties meeting jointly and sitting as a single board. Such number, together with the name of the county or counties in which the district is located, shall be the legal name of such district: Provided further, That the board of any fourth class school district may by resolution adopt a distinctive name for such school district and such name, after being approved by the county board of education as not being in conflict with the name of another district, together with the name of the county or counties into which the school district extends, shall be the legal name of such school district for all purposes. The board may in like manner change the name of the district. The adoption of a distinctive name or the change in name of any dis trict shall have no effect upon existing obligations incurred in the former name of the district or on the ownership of any real or personal property. HISTORY: New 1955, p. 485, Act 269, Eff. Jul. 1. 340.71 Board of education; officers, sa laries. Sec. 71. The salaries of members of the board shall be determined by the school electors of the district at the annual election. The electors may provide for a different salary for the office of secretary and the office of treasurer of the board. A salary once fixed by the electors shall remain the same until changed by the electors at an annual election: Provided, That the salary of any member of the board shall not be increased nor shall the salary of any member be decreased after his election or appointment. HISTORY: New 1955, p. 485, Act 269, Eff. Jul. 1. 16aa 340.72 Fourth class school districts; election, time. [M.S.A. 15.3072] Sec. 72. The annual election of each school district of the fourth class shall be held on the second Monday in June, unless the school district board determines to hold its election at the same time and in conjunction with a city election as provided in section 644k of Act No. 116 of the Public Acts of 1954, as added, being section 168.644k of the Compiled Laws of 1948. 340 .73 Special school elections; request, notice, scope. Sec. 73. Special elections may be called by the board, and the board shall call spe cial elections on the written request of 5% or more of the school electors of the district but not less than 25 electors. Such election shall be called by giving the required legal notice and shall be held in not less than 10 nor more than 15 days from the time the written request is received; but no special election shall be called unless the questions to be voted upon are within the lawful authority of the electors to decide, and no busi ness shall be transacted at a special election unless the same shall be stated in the no tice of such election. In a registration school district, the election shall be held in not less than 60 days from the time the written request is received. HISTORY: New 1955. p. 485, Act 269, EH. Jul. 1;—Am. 1963, p. 221, Act 157, EH. Sep. 6. 340 .7 4 Notice of election; publication, posting, contents. Sec. 74. The board shall determine the time and place of holding any annual or spe cial election, and notice of such time and place shall be given by the secretary by caus ing notice thereof to be posted in not less than 5 of the most public places in the dis trict at least 6 days previous to such election, 1 copy of which notice for each election shall be posted on the school grounds on or near the front entrance of each school in the district. The notice of election shall specify the day, hours and place of the elec tion, the offices to be filled at such election, if any, the names of all candidates who have been duly nominated for each office to be voted upon, and the substance of all special matters, if any, to be voted upon. HISTORY: New 1955, p. 485, Act 269, EH. Jul. 1. 340.75 Questions at annual elections; submission procedure. Sec. 75. Upon a written request of a number equal to 5% of the registered school electors of a district, but not less than 25 school electors, made not less than 20 nor more than 40 days prior to the annual election, the board shall include in the notice of the annual election such questions submitted in the request as may lawfully be voted upon by the electors and shall submit such questions to the electors at the annual elec tion. HISTORY: New 1955, p. 486, Act 269, EH. Jul. 1;—Am. 1965, p. 739, Act 375, Imd. EH. Jul. 23. 17aa 3 40 .7 6 Elections; polls, tim e, ballots, board of election inspectors. Sec. 76. At each annual or special election, the polls of election shall be kept open at least 7 consecutive hours. All questions shall be voted upon by ballot and a proper poll list shall be kept. The board shall appoint school electors of the district in the number it deems sufficient to act as a board of election inspectors at each election. Members of the board of education may serve on any such board of election inspectors, unless they are candidates at such election. Each member of the board of election inspectors shall take the constitutional oath of office before entering upon his duties. HISTORY: New 1955, p. 486, Act 269, Eff. Jul. 1;—Am. 1961, p. 369, Act 218, Eff. Sep. 8. 3 40 .7 7 Board of education property and site; acquisition, purpose; han dling of property, nonexem ption from taxation. Sec. 77. The board of any school district governed by the provisions of this chapter is authorized to locate, acquire, purchase or lease in the name of the district such site or sites within or without the district for schoolhouses, libraries, administration build ings, agricultural farms, athletic fields and playgrounds, as may be necessary; to pur chase, lease, acquire, erect or build and equip such buildings for school or library or administration or for use in connection with agricultural farms, athletic fields and playgrounds, as may be necessary; to pay for the same out of the funds of the district provided for that purpose; to sell, exchange or lease any real or personal property of the district which is no longer required thereby for school purposes, and give proper deeds or other instruments passing title to the same and to dedicate or sell and convey land for highway purposes to the state or any agency or instrumentality thereof, in cluding specifically municipalities and boards of county road commissioners, when such action does not divide said school property into 2 or more separate parcels. Any real property owned by a school district which is leased to any private individual, asso ciation or corporation shall not be exempt from property taxation during the term of such lease. HISTORY: New 1955, p. 486, Act 269, Eff. Jul. 1;—Am. 1956, p. 229, Act 119, Irnd. Eff. Apr. 13;—Am. 1959, p. 118, Act 115, Eff. Mar. 19, I960;—Am. 1963, p. 295, Act 208, Irnd. EH. May 15. § 7 7 a , as added by 1968 PA 316 340.77a F o u rth class d is tr ic ts ; borrow ing power. [M .S .A . 1 5 .3 0 7 7 (1 )] Sec. 77a. The board of a school district of the fourth class operating a K-12 program has the power and duty: T em p orary purposes. (a) To borrow, subject to the provisions of Act No. 202 of the Public Acts of 1943, as amended, being sections 131.1 to 138.2 of the Compiled Laws of 1948, for temporary school purposes such sums of money and on such terms as it deems desirable and to give notes of the district therefor, except that no such loan shall be made for any sum which exceeds the amount which has been voted by the board or the qualified electors of the district. 18aa Long-term loans; bonds; purposes; limitations. (b) To borrow, subject to the provisions of Act No. 202 of the Public Acts of 1943, as amended, such sums of money as it deems necessary to purchase sites for buildings, playgrounds, athletic fields or agricultural farms, and to purchase or erect and equip any building which it is authorized to purchase and erect, or to make any permanent im provement which it is authorized to make, and to accomplish this by the issue and sale of bonds of the school district in such form or on such terms as the board deems advisable, or by any other reasonable means. No loan shall be made and no bonds shall be issued for a longer term than 30 years nor for any sum which, together with the total outstanding indebtedness of the district, shall exceed 5% of the assessed valuation of the taxable property within the district, unless the proposition of making such loans or of issuing bonds has been submitted to a vote of the school tax electors of the district at a general or special school election and approved by the majority of the electors voting on the question. In such case loans may be made or bonds may be issued for the purposes hereinbefore set forth in an amount equal to that provided by chapter 12 of part 2. § 7 7 a , as amended by 1972 PA 197 340.77a Fourth class districts; borrowing power. [M.S.A. 15.3077(1)] Sec. 77a. The board of a school district of the fourth class operating a K-12 program has the power and duty: Temporary purposes. (a) To borrow, subject to the provisions of Act No. 202 of the Public Acts of 1943, as amended, being sections 131.1 to 138.2 of the Compiled Laws of 1948, for temporary school purposes such sums of money and on such terms as it deems desirable and to give notes of the district therefor, except that no such loan shall be made for any sum which exceeds the amount which has been voted by the board or the qualified electors of the district. 19aa Long-term loans; bonds; purposes; limitations. (b) To borrow, subject to the provisions of Act No. 202 of the Public Acts of 1943, as amended, such sums of money as it deems necessary to purchase sites for buildings, playgrounds, athletic fields or agricultural farms, and to purchase or erect and equip any building which it is authorized to purchase and erect, or to make any permanent improvement which it is authorized to make, and to accomplish this by the issue and sale of bonds of the school district in such form or on such terms as the board deems advisable, or by any other reasonable means. No loan shall be made and no bonds shall be issued for a longer term than 30 years nor for any sum which, together with the total outstanding bonded indebtedness of the district, shall exceed 5% of the state equalized valuation of the taxable property within the district, unless the proposition of making such loans or of issuing bonds has been submitted to a vote of the school tax electors of the district at a general or special school election and approved by the majority of the electors voting on the question. In such case loans may be made or bonds may be issued for the purposes hereinbefore set forth in an amount equal to that provided by chapter 12 of part 2. 340.77b Remodeling; use of bond proceeds; approval; definition. [M.S.A. 15.3077(2)] Sec. 77b. All or any portion of the proceeds from the sale of school district bqnds may be expended for the remodeling of existing school buildings of the district when in the judgment of the board of education of the school district the remodeling will contribute positively to the health, security or welfare of the pupils of the school district if such uses are approved by the superintendent of public instruction if the bonds are qualified bonds as defined by section 3 of Act No. 108 of the Public Acts of 196ir-or-hyJ:he municipal finance commission if the bonds have not b e« i so qualified. Remodeling means the alteration or construction of structural components of buildings, including walls, roofs, partitions, hallways, stairways and means of egress and the replacement, relocation or reconstruction of heating, ventilat ing, incineration, electrical, security and sanitary systems. 20aa CHAPTER 4. SCHOOL DISTRICTS OF THE THIRD CLASS. 340.101 Third class district; continuance, reclassification. Sec. 101. Each school district organized as a school district of the third class at the time of the taking effect of this act shall continue to be a school district of the third class subject to reclassification as hereinafter provided and be governed by the provi sions of this chapter and by such provisions of part 2 of this act as are not inconsistent with this chapter. HISTORY: New 1955, p. 486, Act 269, Elf. Jul. 1, 340 .102 Third class districts; reclassification in certain fourth class districts. Sec. 102. The board of any fourth class school district having a school census of more than 2,400 and less than 30,000 children between the ages of 5 and 20, as certi fied by the superintendent of public instruction, may submit the question of becoming a district of the third class to a vote of the electors of such district at any annual or special election. The vote upon the question shall be by ballot which shall be in sub stantially the following form: “Shall........................... .......... (name of school district) be reclassified and become a school district of the third class? Yes □ No □ ” If a majority of the school electors voting on the question vote in favor of becoming a district of the third class, then such reclassification shall take immediate effect. HISTORY: New 1955, p. 486, Act 269, Efl. Jul. 1;—Am. 1959, p. 452, Act 271, Imd. Elf. Nov. 3. 340 .103 Third class districts; election and reclassification. Sec. 103. Whenever the board of a district of the fourth class having a school census of more than 2,400 and less than 30,000 children between the ages of 5 and 20, as cer tified by the superintendent of public instruction, is presented with a petition signed by not less than 300 school electors of the district to submit the question of becoming a third class district to a vote of the electors at a special election or the next annual election, the board shall proceed to call such special election or submit the question to a vote of the electors at the next annual election. If such petition is presented within 90 days, but not less than 20 days before the time of the annual election, such question shall be submitted at the annual election, even though the petition may request a spe cial election. If the board is petitioned to submit the question at a special election and such petition is presented 91 or more days before the annual election, the board shall call such election to be held within 30 days from the time such petition is presented. If such petition is presented less than 20 days before the time of the annual election, such question shall be submitted at a special election held not more than 30 days after the annual election. HISTORY: New 1955, p. 487, Act 269, Eff. Jul. 1:—Am. 1959, p. 452, Act 271, Imd. Eff. Nov. 3. 340 .104 Repealed. 1959, p. 4 53 , Act 271 , Imd. Eff. Nov. 3. Section provided for determination of population in third class districts. 21aa 340 .105 Third class districts; notice of reclassification. Sec. 105. Whenever the electors of the district have by their vote approved the re classification of a fourth class district to a district of the third class, it shall be the duty of the secretary of the board to give notice of such reclassification, in writing, to the county superintendent of schools of each county in which the district is situated and to the superintendent of public instruction within 10 days of the vote thereon. HISTORY: New 1955, p. 487, Act 269, Eff. Jul. 1. 3 40 .1 06 Third class district nam e; changes. Sec. 106. Each school district organized and operating under the provisions of this chapter shall be designated and known as the “School District of th e .....................(here insert the name of the city or village or township in which the whole or a part of said school district is situated)”, and such designation, together with the name of the county or counties into which the district extends, shall be the legal name of such dis trict for all purposes: Provided, That the board of any third class school district may by resolution adopt a distinctive name for such school district and such name, after be ing approved by the county board of education as not being in conflict with the name of another district, together with the name of the county or counties into which the school district extends, shall be the legal name of such school district for all purposes. The board may in hke manner change the name of the district. The adoption of a dis tinctive name or the change in name of any district shall have no effect upon existing obligations incurred in the former name of the district or on the ownership of any real or personal property. HISTORY: New 1955, p. 457, Act 269, Eff. Jul. 1. 340 .1 07 Board of education; m em bership, term , election, vacancies, term extension. Sec. 107. In each school district of the third class, the board shall consist of 7 mem bers elected from the district at large and their terms arranged so that 2 of those elec ted members shall serve for 1 year, 2 for 2 years, 2 for 3 years, and 1 for 4 years; there after, at the next school election immediately preceding the expiration of the respective terms of these officers, their successors shall be elected to serve for terms of 4 years and until their successors are elected and qualified. When any school district of the fourth class becomes a school district of the third class by a vote of the electors, additional members shall be elected to the board of education as provided under sec tion 334 of this act. Any school district of the third class may hold its election bien nially at the same time that the city or village election is held. The board shall deter mine whether the district shall hold its election at the time of the city or village election. If the school district holds its election at the same time of the city or village election, the term of office shall be for 6 years. Two of the members of the board shall serve for 2 years, 2 for 4 years, and 3 for 6 years. At the next school election immedi ately preceding the expiration of the respective terms of these officers, their successors shall be elected to serve for terms of 6 years and until their successors are elected and qualified. In case the board of any school district in which the members of the board are elected for a 6 year term of office, by a majority vote, provides that the term of of fice of members of the board shall be for 4 years, then in any such school district, not withstanding the provisions of this section to the contrary, the term of office of mem bers of the board shall be for 4 years. The present members of the board shall sen e 22aa the balance of their respective unexpired terms. The board, in determining that mem bers of the board shall serve for 4 year terms, shall provide in the resolution that elec tions thereafter shall be held on the second Monday in June, as provided in section 108 of this act, and shall provide for a system of rotation of terms of office which is as equal as may be and shall fairly adjust the length of terms and the number of members to be elected annually until the rotation is established. After the rotation is established, but not more than 8 years after the adoption of the resolution, not more than 2 mem bers shall be elected in any one year to fill vacancies occurring by expiration of terms. If any person elected fails to take the oath of office within 10 days after service of notice of his election, or if a vacancy occurs as provided in section 494 of this act, the vacancy shall be filled by an election by a majority of the remaining members of the board until the next school election, when the vacancy shall be filled by an election for the remainder of the term of the former member. Where the board of education of a school district of the third class has voted to hold elections biennially at the same time as the state spring biennial election and the city or village election is not held on the same date, such board of education may determine to hold its biennial election at the same time as the city or village election in 1966 and biennially in the even numbered years thereafter. The terms of office of the present members of such board of educa tion expiring in 1965, 1967 and 1969, are extended until their successors are elected and qualified at the city or village biennial election held in 1966, 1968 and 1970, re spectively. HISTORY: New 1955, p. 487, Act 269, Eff. Jul. 1;—Am. 1958, p. 233, Act 195, Eff. Sep. 13;—Am. 1965, p. 81, Act 49, Imd. Eff. Jun. 8. 340.108 Board of education; annual election, time. Sec. 108. The regular annual school election in each school district of the third class shall be held on the second Monday in June by the board. The members of the board in all school districts of the third class hereunder shall be elected at the regular annual school election and their terms shall begin on July first, following their election. HISTORY: New 1955, p. 488, Act 269, Eff. Jul. 1. CITED IN OTHER SECTIONS: The above section is cited in $ 389.34. 340.109 Board of education; special election, notice, prerequisites. Sec. 109. Special elections may be called by the board in any school district of the third class hereunder at such times and places in such district as they shall designate, and it shall be the duty of such board to call such an election on receipt of the written request of not less than 10% of the registered school electors of the district qualified to vote upon the question by giving the notice hereinafter prescribed. No special election shall be called unless the question to be voted on and decided thereat may be decided by the qualified school electors, and all questions to be submitted at such election shall be stated briefly in the notice thereof. HISTORY: New 1955, p.488, Act 269, Eff. Jul. 1. 340.110 Board of education; registered elections. Sec. 110. All school districts of the third class shall be registration districts and all elections therein shall be governed by the provisions of chapter 8 of part 2 of this act. HISTORY: New 1955, p. 488, Act 269, Eff. Jul. 1. 23aa 340.111 Board of education; m eetings, officers, quorum , record. Sec. 111. The members of the board of any district of the third class hereunder elec ted at the first election held under this chapter shall meet on or before the second Monday of July succeeding their election and annually on the same day thereafter, and organize the board by electing a president, a vice-president, a secretary and a treasurer. The president and vice-president shall be members of the board, but the secretary and treasurer need not be members. The board shall hold regular meetings on the second Monday of each month, or at such other times as it may by resolution or bylaws provide. The board may in its bylaws provide for calling and holding special meetings. A majority of the board shall constitute a quorum and it shall keep a proper record of all its proceedings. HISTORY: New 1955, p. 488, Act 269, Eff. Jul. 1;—Am. 1958, p. 71, Act 66, Eff. Sep. 13;—Am. 1967, p. 247, Act 185, Imd. Eff. Jun. 30. t 3 40 .1 12 Board of education; treasurer, secretary ; duties, sa laries, bonds. Sec. 112. The treasurer of the board shall keep the funds of the district, except that the board may place responsibility for the administration of school district money with the school district business manager; keep proper books of account thereof; keep an interest account of the interest received from all school funds belonging to the district and credit all interest received thereon to the funds; pay out the funds belonging to the school district for the purposes specified by law, or, in the case of gifts or dona tions for the purposes for which the money is given or donated, on a proper order signed by the secretary and countersigned by the president of the board; and perform such other duties as the board may in its bylaws prescribe. The board may prescribe the duties of the secretary and provide for the salary to be paid the secretary and treasurer thereof and may require proper bonds from such officers, except that when the board treasurer is not directly handling school district money or signing checks no bond is necessary, and where the authority for the administration of school district money rests with the school district business manager, he and all persons connected therewith shall be bonded. No member of the board or officer thereof, except the sec retary and treasurer, shall receive any compensation for any service rendered the dis trict, unless authorized by the qualified electors of the district. The salary of any mem ber of the board shall not be increased nor shall the salary of any member be decreased after his election or appointment. HISTORY: New 1955, p. 489, Act 269, EH. Jul. 1;—Am. 1966, p. 344, Act 255, Imd. Eff. Jul. 11. 340.113 Board of education; pow ers, duties. Sec. 113. The board of any school district of the third class hereunder shall have the powers and duties: 24aa Sites for schooihouses, libraries, farm s, athletic fields and playgrounds; buildings, property. (a) To locate, acquire, purchase or lease in the name of the district such site or sites within or without the district for schooihouses, libraries, administration buildings, agri cultural farms, athletic fields and playgrounds, as may be necessary; to purchase, lease, acquire, erect, or build and equip such buildings for school or library or administration or for use in connection with agricultural farms, athletic fields and playgrounds, as may be necessary; to pay for the same out of the funds of the district provided for that purpose; to sell, exchange or lease, subject to the provisions of section 354 of this act, any real or personal property of the district which is no longer required thereby for school purposes, and to give proper deeds, bills of sale or other instruments passing ti tle to the same; . Condemnation proceedings. (b) To institute and maintain proceedings in the proper court for the condemnation of private property for public use for all purposes for which said board is authorized by law to acquire and hold property, when said board shall have first declared the tak ing necessary for such use and that the same is for the use and benefit of the public. When the board shall have made such declaration, such condemnation proceedings may be instituted and conducted in the court specified and in the manner provided by the general school laws of the state relating to the condemnation of private propertv for public use, or may be brought under the terms of Act No. 149 of the Public Acts of 1911, as amended, being sections 213.21 to 213.41, inclusive, of the Compiled Laws of 1948, or any other appropriate state law. HISTORY: New 1955, p. 489, Act 269, EH. Jul. 1;—Am. 1957, p. 127, Act 108, Imd. EH. May 24. 340 .114 Board of education; educational activities. Sec. 114. The board of any school district of the third class hereunder shall have the powers and duties: G rad es, schools, departm ents, courses of study. (a) To establish and carry on such grades, schools and departments or courses of study as it shall deem necessary or desirable for the maintenance and improvement of public education; Agricultural, trade and other vocational schools. (b) To establish, equip and maintain agricultural, trade and other vocational schools, and, if deemed necessary by such board, to acquire land outside the limits of the said school district therefor; and to have general control thereover for school purposes. HISTORY: New 1955, p. 489, Act 269, EH. Jul. 1. 25aa PUBLIC ACTS 1955—No. 269. 340.115 Sam e; finances. [M .S .A . 15.3115] Sec. 115. The board of any school district of the third class hereunder shall have the powers and duties: T em p orary loans. (a) To borrow, subject to the provisions of Act No. 202 of the Public Acts of 1943, as amended, being sections 131.1 to 138.2, inclusive, of the Compiled Laws of 1948, for temporary school purposes such sum or sums of money and on such terms as it may deem desirable and to give notes of the district therefor: Provided, That no such loan shall be made for any sum which shall exceed the amount which has been voted by the board or the qualified electors of the district; P u rch ase of s ite s ; erection of buildings. (b) To borrow, subject to the provisions of Act No. 202 of the Public Acts of 1943, as amended, being sections 131.1 to 138.2, inclusive, of the Compiled Laws of 1948, such sum or sums of money as it may deem necessary to purchase sites for buildings, play grounds, athletic fields or agricultural farms, and to purchase or erect and equip any building or buildings which it is authorized to purchase and erect, or to make any permanent improvement which it is authorized to make, and to accomplish this by the issue and sale of bonds of such school district in such form or on such terms as the board may deem advisable, or by any other reasonable means: Provided, That no loan shall be made and no bonds shall be issued for a longer term than 30 years nor for any sum which, together with the total outstanding indebtedness of the district, shall exceed 2% on the assessed valuation of the taxable property within such district, unless the proposition of making such loans or of issuing bonds shall have been submitted first to a vote of the school tax electors of the district at a general or special school election and approved by the majority of the electors actually voting on the same, in w'hich event loans may be made or bonds may be issued for the purposes hereinbefore set forth in an amount equal to that provided by chapter 12 of part 2 of this act. § 1 1 5 , as amended by 1968 PA 316 340.115 Third class d is tric ts ; borrow ing power. [M .S .A . 15.3115] Sec. 115. The board of any school district of the third class hereunder shall have the powers and duties: T em p orary purposes. (a) To borrow, subject to the provisions of Act No. 202 of the Public Acts of 1943, as amended, for temporary' school purposes such sum or sums of money and on such terms as it may deem desirable and to give notes of the district therefor, except that no such loan shall be made for any sum which shall exceed the amount which has been voted by the board or the qualified electors of the district. 26aa L o n g -term loan s; bonds; p u rp oses; lim itations. (b) To borrow, subject to the provisions of Act No. 202 of the Public Acts of 1943, as amended, such sum or sums of money as it may deem necessary to purchase sites for buildings, playgrounds, athletic fields or agricultural farms, and to purchase or erect and equip any building or buildings which it is authorized to purchase and erect, or to make any permanent improvement which it is authorized to make, and to accomplish this by the issue and sale of bonds of such school district in such form or On such terms as the board may deem advisable, or by any other reasonable means. No loan shall be made and no bonds shall be issued for a longer term than 30 years nor for any sum which, together with the total outstanding indebtedness of the district, shall exceed 5% on the assessed valuation of the taxable property within such district, unless the proposition of making such loans or of issuing bonds shall have been submitted first to a vote of the school tax electors of the district at a general or special school election and approved by the majority of the electors actually voting on the same. In such case loans may be made or bonds may be issued for the purposes hereinbefore set forth in an amount equal to that provided by chapter 12 of part 2. § 1 1 5 , as l a s t amended by 1972 PA 197 340.115 Third class districts; borrowing power. [M.S.A. 15.3115] Sec. 115. The board of any school district of the third class hereunder shall have the powers and duties: Temporary purposes. (a) To borrow, subject to the provisions of Act No. 202 of the Public Acts of 1943, as amended, for temporary school purposes such sum or sums of money and on such terms as it may deem desirable and to give notes of the district therefor, except that no such loan shall be made for any sum which shall exceed the amount which has been voted by the board or the qualified electors of the district Long-term loans; bonds; purposes; limitations. (b) To borrow, subject to the provisions of Act No. 202 of the Public Acts of 1943, as amended, such sum or sums of money as it may deem necessary to purchase sites for buildings, playgrounds, athletic fields or agricultural farms, and to purchase or erect and equip any building or buildings which it is authorized to purchase and erect, or to make any permanent^improvement which it is authorized to make, and to accomplish this by the issue and sale of bonds of such school district in such form or on such terms as the board may deem advisable, or by any other reasonable means. No loan shall be made and no bonds shall be issued for a longer term than 30 years nor for any sum which, together with the total outstanding bonded indebtedness of the district, shall exceed 5% on the state* equalized valuation of the taxable property within such district, unless the proposition of making such loans or of issuing bonds shall 27aa have been submitted first to a vote of the school tax electors of the district at a general or special school election and approved by the majority of the electors actually voting on the same. In such case loans may be made or bonds may be issued for the purposes hereinbefore set forth in an amount equal to that pro vided by chapter 12 of part 2. 340.115a Remodeling; use of bond proceeds; approval; definition. [M.S.A. 15.3115(1)] Sec. 115a. AH or any portion of the proceeds from the sale of school district bonds may be expended for the remodeling of existing school buildings of the district when in the judgment of the board of education of the school district the remodeling will contribute positively to the health, security or welfare of the pupils of the school district if such uses are approved bv the superintendent of public instruction if the bonds are qualified bonds as defined by section 3 of Act No. 108 of the Public Acts of 1961 or by the municipal finance commission if the bonds have not been so qualified. Re modeling means the alteration or construction of -structural components of buildings, including walls, roofs, partitions, hallwavs, stairways and means of egress and the replacement, relocation or reconstruction of heating, ven tilating, incineration, electrical, security and sanitary systems. 3 40 .116 Board of education; property, care, custody, sanitation, medical inspection; school term . Sec. 116. The board of any school district of the third class hereunder shall have the powers and duties: (a) To have the care and custody of all school property and to provide suitable school privileges, sanitary conditions, and medical inspection for the schools of the dis trict; (b) To fix the length of time school shall be.kept in all of the schools of the district, which shall not be less than 180 days. HISTORY: New 1955, p. 490, Act 269, Eff.'Jul. 1. 3 40 .1 17 Board of education; lib rary, museum, em ployees. Sec. 117. The board of any school district of the third class hereunder shall have the powers and duties: To establish and maintain or continue a library and museum, which institutions mav be separately operated if desired, for the public schools of the district, if it shall deem it'advisable to do so, and to provide for its or their care and management. For this pur pose, said board may appoint librarians and hire other employees for such library and museum and fix their salaries, may purchase such books and apparatus as may be nec essary, and may include in the general budget for the purpose of the schools such sums as may be necessary for building for, and for the maintenance and support of, any li brary and museum established, and such board may appoint a board of library com missioners and a board of museum commissioners of not to exceed 7 persons, which hoards shall be separate boards if such board of education so directs. Members of the board of education shall not be eligible to membership on such boards. Such board or boards shall have control and direction of the public library or libraries and museum or museums in such district subject to the approval of the board of education therein, and shall keep a correct record of its or their proceedings. All moneys for any such li braries, including the fines devoted by law for the maintenance of district or school li 28aa braries in such district, which when collected shall be paid to the treasurer of the board of education therein, shall be kept by said treasurer and paid out by him on the order of the board of library commissioners approved by the secretary of the board of education. HISTORY: New 1955, p. 490, Act 269, EH. Jul. 1. 340.118 Board of education; school census, annual report, business m an ager. Sec. 118. The board of any school district of the third class hereunder shall have the powers and duties: (a) To provide for the taking of a school census as required by law; (b) To make an annual report to the superintendent of public instruction at such time and in such form as he may prescribe; (c) To appoint in its discretion, a business manager for the school district and fix his compensation. HISTORY: New 1955, p. 491, Act 269, EH. Jul. 1. 340.119 Board of education; superintendent and adm inistrators; term , duties. Sec. 119. The board of any school district of the third class shall have the powers and duties: To contract with, appoint and employ a suitable person, not a member of the board, as superintendent of schools, who shall meet the requirements prescribed in section 573, and who shall hold his office for a term fixed by the board and not to exceed 5 years. The board may contract with, appoint an employ suitable persons, not members of the board, as assistant superintendents, principals, assistant principals, guidance di rectors, and other classified administrators who do not assume tenure in position, for a term fixed by the board not to exceed 3 years and shall define their duties. The em ployment shall be under written contract, Notification of nonrenewal of contract shall be given in writing at least 90 days prior to the contract termination date or the con tract is renewed for an additional 1-year period. The superintendent shall have powers and duties as follows: (a) To put into practice the educational policies of the state and of the board in ac cordance with the method provided by the board. (b) To recommend in writing all teachers necessary for the schools and to suspend any teacher for cause until the board may consider such suspension. (c) To classify and control the promotion of pupils. (d) To recommend to the board the best methods of arranging the course of study and the proper textbooks to be used. (e) To make reports in writing to the board and to the state board of education an nually or oftener if required, in regard to all matters pertaining to the educational in terests of the district. (f) To supervise and direct the work of the teachers and other employees of the board. (g) To assist the board in all matters pertaining to the general welfare of the school, and to perform such other duties as the board may determine. HISTORY: New 1955, p. 491, Act 269, EH. Jul. 1;—Am. 1966, p. 343. Act 254, Imd. EH. Jul. 11;—Am. 1970, p. 662, Act 247, Imd. EH. Dec. 29aa 340.1 20 Board of education; school tax levy ; apportionm ent. Sec. 120. The board of any school district of the third class hereunder shall have the powers and duties: To make an estimate annually on a day to be determined bv the board of the amount of taxes deemed necessary for the ensuing year for the purpose of expenditure within the power of the board, which estimate shall specify the amounts required for the different objects, and to report the same as the regular school tax levy for such dis trict to the proper assessing officer or officers, who shall apportion the school taxes in the district in the same manner as the other taxes of the city, village or township are apportioned, and the amount so apportioned shall be assessed, levied, collected and returned for each portion of the district in the same manner as the taxes of the city, village or township including such portion of the district. The board, if the district is extended beyond the limits of any single municipality, shall, within the time provided by law for certifying taxes by township clerks, certify to the board of supervisors all amounts to be raised therein for school purposes. The board of supervisors shall, in ac cordance with law, apportion such school taxes to the several municipalities possessing territory in such district in proportion to the assessed valuation of each municipality within such district, and shall certify the same to the proper officer thereof. HISTORY: Xevv 1955, p. 491, Act 269, Eff. Jul. 1. 340.121 Board of education; duties. Sec. 121. The.board of any school district of the third class shall have the powers and duties: Paym ent of school funds. (a) To certify to the treasurer of the district for payment out of the school funds thereof all claims and demands against the board or district, which shall be allowed by the board under such rules and regulations as it may establish. Reports of proceedings, receipts and expenditures. (b) To print and publish immediately after each meeting in such manner as the board shall decide all proceedings of the board at the meeting and to make and pub lish annually, at the end of the fiscal year, in some daily or weekly newspaper of gen eral circulation in the district, either separately or in connection with the report of the city or village in which the district or the greater part thereof is situated, a complete report of its receipts and expenditures. Transportation of pupils. (c) To provide adequate facilities for transportation within the district of pupils from and to their homes when the board deems it advisable. Tuition paym ents to other districts. (d) To use money in the general fund or funds received from state appropriations for aid to school districts for the purpose of paying tuition and transportation to another district of resident pupils, even though the grades in which the pupils may be enrolled are maintained within the district. 30aa Carrying on of public schools. (e) In general to do anything not inconsistent with this act which is necessary for the proper establishment, maintenance, management and carrying on of- the public schools of such district. HISTORY: New 1955, p. 492, Act 269, Eff. Jul. 1;—An:. 1961, p. 371, Act 219, Eff. Sep. 8. 340 .122 Borrowing pow er. Sec. 122. School districts operating under this chapter shall be governed by Act No. 202 of the Public Acts of 1943, as amended, being sections 131.1 to 138.2, inclusive, of the Compiled Laws of 1948, in force or as the same may hereafter be amended. HISTORY: New 1955, p. 492, Act 269, Eff. Jul. 1. CHAPTER 5. SCHOOL DISTRICTS OF THE SECOND CLASS. PUBLIC ACTS 1955—No. 269. 340.158 B orrow ing pow er, bond issue, approval. [M .S .A . 15 .3158] Sec. 158. The board may from time to time, on such terms as it may deem proper, borrow for ‘temporary school purposes not to exceed the amount of unpaid, voted taxes, and, in case of an emergency, the board may borrow in addition thereto an amount not to exceed pa mill on the assessed valuation of the school district and may give the note or bond of the board therefor, which shall be paid from the first school moneys collected thereafter. For the purpose of purchasing sites, erecting schoolhouses and other buildings, and for equipping the same, the board may borrow such sums of money as it may deem necessary and may issue and sell its bonds therefor upon such rates of interest and for such time and in such amount as it may think proper, and in such form and with such bonds and coupons signed and countersigned in such manner as it may by resolution direct, but the action of the board authorizing such loan shall first be submitted to the common council, city commission, or other legislative body of the city or to the school tax electors of the district for approval, and no such issue of bonds shall be valid unless the proposal to issue the same shall have been approved by a majority vote of the members- elect of the common council, city commission or legislative body of the city, or be approved by a majority vote of the school tax electors of such city district voting thereon at any election at which the question of approving such an issue of school bonds shall be sub mitted to them by the said board. School districts operating under this chapter shall be governed by Act No. 202 of the Public Acts of 1943, as amended, being sections 131.1 to 138.2, inclusive, of the Compiled Laws of 1948, in force or as the same may hereafter be amended. 31aa § 1 5 8 , as amended by 1962 PA 177 340.158 S am e; borrow ing pow er, t e m p o r a r y purposes, bonds, a p p r o v a l . [M .S .A . 15 .3158] Sec. 158. The board may: (a ) Borrow, subject to the provisions of Act No. 202 of the Public Acts of 1943, as amended, being sections 131.1 to 138.2 of the Compiled Laws of 1948, for temporary school purposes such sums of money and on such terms as it may deem desirable and give notes of the district therefor. (b) Borrow, subject to the provisions of Act No. 202 of the Public Acts of 1943, as amended, such sums of money as it may deem necessary to purchase sites for buildings, playgrounds, athletic fields or agricultural farms, and to purchase and erect and equip any buildings which it is authorized to purchase and erect, or to make any permanent improvement which it is authorized to make, and to accomplish this by the issue and sale of bonds of the school district in such form or on such terms as the board may deem advisable, or by any other reasonable means. No loan shall be made and no bonds shall be issued for a longer term than 30 years nor for any sum which, together with the total outstanding bonded indebtedness of the district, shall exceed 2% of the state equalized valuation of the taxable property within the district, unless the proposition of making the loans or of issuing bonds has been submitted to a vote of the school tax electors of the district at a general or special school election and approved by the majority of the registered electors actually voting on the same, in which event loans may be made or bonds may be issued for the purposes set forth in an amount equal to that provided by chapter 12 of part 2 of this act. § 1 5 8 , as l a s t amended by 1968 PA 316 340.158 Second class d is tric ts ; borrow ing power. [M .S .A . 15 .3158] Sec. 158. The board may: T em p orary purposes. (a) Borrow, subject to the provisions of Act No. 202 of the Public Acts of 1943, as amended, for temporary school purposes such sums of money and on such terms as it may deem deskable and give notes of the district therefor. L on g-term loan s; bonds; pu rp oses; lim itations. (b) Borrow, subject to the provisions of Act No. 202 of the Public Acts of 1943, as amended, such sums of money as it may deem necessary to purchase sites for buildings, playgrounds, athletic fields or agricultural farms, and to purchase and erect and equip any buildings which it is authorized to purchase and erect, or to make any permanent improvement which it is authorized to make, and to accomplish this by the issue and sale of bonds of the school district in such form or on such terms as the board may deem advisable, or by any other reasonable means. No loan shall be made and no bonds shall be issued for a longer term than 30 years nor for any sum which, together with the total outstanding bonded indebtedness of the district, shall exceed 5% of the state equalized valuation of the taxable property within the district, unless the proposition of making the loans or of issuing bonds has been submitted to a vote of the school tax electors of the district at a general or special school election and approved by the majority of the registered electors actually voting on the same, in which event loans may be made or bonds may be issued for the purposes set forth in an amount equal to that provided by chapter 12 of part 2. 32aa 340.165 Board of education; authority as to sites for school purposes; ag ri cultural, trade and vocational schools, establishm ent; acquisition of land outside district. Sec. 165. The board shall have full power and authority to locate, purchase or lease, in the name of the district, such site or sites for schoolhouses, administration buildings, agricultural sites, athletic fields and playgrounds as may be necessary out of the funds provided for that purpose, and may make sale of any site or other property of the dis trict which is no longer required for school purposes, and may also establish, equip and maintain agricultural, trade and other vocational schools, and if deemed necessary bv such board may acquire land for such purpose outside the district limits. Land outside the school district shall not be acquired unless approved by a % vote of all members- elect of the board of education. HISTORY: New 1955, p. 499, Act 269, Eff. Jul. 1;—Am. 1970, p. 164, Act 72, Imd. Eff. Jul. 12. CHAPTER 6. SCHOOL DISTRICTS OF THE FIRST CLASS. 340 ,192 Board of education; body corporate; nam e, pow ers, liabilities; right of em inent domain. Sec. 192. The said board shall be a body corporate under the name and title of “the board of education of the school district of the city o f .............. .......... ” and under that name may sue and be sued and may take, use, hold, lease, sell and convey real prop erty without restriction as to location and personal property, including property re ceived by gift, devise or bequest, as the interest of said schools and the prosperity and welfare of said school district may require. The said board may take and hold real and personal property for the use of the public schools within and without its corporate limits and may sell and convey the same. The board chosen pursuant to this chapter shall be the successor of any school corporation or corporations existing within the lim its of such city or cities and shall be vested with the title to all property, real and per sonal, vested in the school corporation of which it is the successor. Said board shall be liable to pay the indebtedness and obligations of the school corporations of which it is the successor in the manner and to the extent provided in this chapter. Said board shall have power to purchase, lease, and take by the right of eminent domain all prop erty, erect and maintain or lease all buildings, employ and pay all persons, and do all other things in its judgment necessary for the proper establishment, maintenance, management and carrying on of the public schools and for the protection of other property of the school district, and to do anything whatever that may advance the in terests of education, the good government and prosperity of the free schools in said city, and the welfare of the public concerning the same, and it shall have authority to adopt bylaws, rules and regulations for its own government and for the control and government of all schools, school property and pupils. If property is sought to be taken by eminent domain, such proceedings may be brought under the terms of Act No. 149 of the Public Acts of 1911, as amended, being sections 213.21 to 213.41 of the Com piled Laws of 1948, or any other appropriate state law. HISTORY: New 1955, p. 501, Act 269, Eff. Jul. 1;—Am. 1965, p. 723, Act 367, Imd. Eff. Jul. 23. 33aa § 2 2 0 a , as added by 1 965 PA 29 340 .220a F irs t class d is tr ic t ; borrow ing pow er, for tem porary school purposes [M .S .A . 1 5 .3 2 2 0 (1 )] Sec. 2 2 0 a. The board may: (a) Borrow, subject to the provisions of Act No. 2 0 2 of the Public Acts of 1943 , as amended, being sections 131.1 to 138.2 of the Compiled Laws of 1948, for temporarv school purposes such sums of money and on such terms as it may deem desirable and give notes of the district therefor. B o n d s; purposes, te rm s ; lim itations. (b) Borrow, subject to the provisions of Act No. 202 of the Public Acts of 1943 . as amended, such sums of money as it may deem necessary to purchase sites for buildings, playgrounds, athletic fields or agricultural farms, and to purchase and erect and equip any buildings which it is authorized to purchase and erect, or to make any permanent im provement which it is authorized to make, and to accomplish this by the issue and sale of bonds of the school district in such form or on such terms as the board may deem advisable, or by any other reasonable means. No loan shall be made and no bonds shall be issued for a longer term than 30 years nor for any sum which, together with the total outstanding bonded indebtedness of the district, shall exceed 2% of the state equalized valuation of the taxable property within the district, unless the proposition of making the loans or of issuing bonds has been submitted to a vote of the school tax electors of the district at a general or special school election and approved by the major ity of the registered electors actually voting on the same, in which event loans may be made or bonds may be issued for the purposes set forth in an amount equal to that pro vided by chapter 12 of part 2 of this act. § 2 2 0 a , as amended by 1 9 6 8 PA 316 340.220a F irs t class d is tric ts ; borrow ing power. [M .S .A . 1 5 ,3 2 2 0 (1 )] Sec. 220a. The board may: T em p o rary purposes. (a) Borrow, subject to the provisions of Act No. 202 of the Public Acts of 1943, as amended, for temporary school purposes such sums of money and on such terms as it may deem desirable and give notes of the district therefor. L o n g -term loan s; bonds; pu rp oses; lim itations. (b) Borrow, subject to the provisions of Act No. 202 of the Public Acts of 1943, as amended, such sums of money as it may deem necessary to purchase sites for buildings, playgrounds, athletic fields or agricultural farms, and to purchase and erect and equip any buildings which it is authorized to purchase and erect, or to make any permanent improvement which it is authorized to make, and to accomplish this by the issue and sale of bonds of the school district in such form or on such terms as the board may deem advis able, or by any other reasonable means. No loan shall be made and no bonds shall be issued for a longer term than 30 years nor for any sum which, together with the total out standing bonded indebtedness of the district, shall exceed 3% of the state equalized valua tion of the taxable property within the district, unless the proposition of making the loans or of issuing bonds has been submitted to a vote of the school tax electors of the district at a general or special school election and approved by the majority of the registered electors actually voting on the same, in which event loans may be made or bonds may be issued for the purposes set forth in an amount equal to that provided by chapter 12 of part 2. 34aa § 2 2 0 a , as l a s t amended b y 1971 PA 23 340.220a First class school districts; borrowing power. [M.S.A. 15.3220(1)] Sec. 220a. The board may: (a) Borrow, subject to the provisions of Act No. 202 of the Public Acts of 1943, as amended, for temporary school purposes such sums of money and on such terms as it may deem desirable and give notes of the district therefor. (b) Borrow, subject to the provisions of Act No. 202 of the Public Acts of 1943, as amended, such sums of money as it may deem necessary to purchase sites for buildings, playgrounds, athletic fields or agricultural farms, and to purchase and erect and equip any buildings which it is authorized to purchase and erect, or to make any permanent improvement which it is authorized to make, and to accomplish this by the issue and sale of bonds of the school district in such form or-on such terms as the board may deem advisable, or by any other reasonable means. No loan shall be made and no bonds shall be issued for a longer term than 30 years nor for any sum which, together with the total outstanding bonded in debtedness of the district, shall exceed 5% of the state equalized valuation of the taxable property within the district, unless the proposition of making the loans or of issuing bonds has been submitted to a vote of the school tax electors of the district at a general or special school election and ap proved by the majority of the registered electors actually voting on the same, in which event loans may be made or bonds may be issued for the purposes set forth in an amount equal to that provided by chapter 12 of part 2. PART 2. CHAPTER 2. GENERAL POWERS AND DUTIES OF DISTRICTS. 340 .352 Body corporate; pow ers, rights, liabilities; presumption. Sec. 352. Every school district shall be a body corporate under the name provided in this act, and may sue and be sued in its name, may acquire and take property, both real and personal, for educational purposes within or without its corporate limits, by purchase, gift, grant, devise or bequest, and hold and use the same for such purposes, and may sell and convev the same as the interests of such district may require, subject to the conditions of this act contained. As such body corporate, every school district shall be the successor of anv school district previously existing within the same territo rial limits and shall be vested with all rights of action, with the title of all property. 35aa real and personal, of the district of which it ,is the successor, and the indebtedness and obligations of the district superseded shall become and be the indebtedness and obli gations of the succeeding district, except as otherwise provided in chapters 3, 4 and 5, part 2 of this act. Every school district shall in all cases be presumed to have been le gally organized when it shall have exercised the franchises and privileges of a district for the term of 2 years; and such school district and its officers shall be entitled to all the rights, privileges and immunities, and be subject to all the duties and liabilities conferred upon school districts by law. f HISTORY: New 1955, p. 527, Act 269, Eff. Jul. 1. 340 .355 School discrim ination; race, color, intellectual progress. Sec. 3-55. No separate school or department shall be kept for any person or persons on account of race or color. This section shall not be construed to prevent the grading of schools according to the intellectual progress of the pupil, to be taught in separate places as may be deemed expedient. HISTORY: New 1955, p. 528, Act 269, EH. Jul. 1. CHAPTER 3. CONSOLIDATION OF DISTRICTS. 340.401 Consolidation of districts; quota of school age children, classifica tion. Sec. 401. Any 2 or more school districts, except districts of the first and second class, in which the total number of children between the ages of 5 and 20 years, is 75 or more, may consolidate to form a single school district as hereinafter provided. The consolidated district so formed shall be a district of the fourth class or third class, de pending upon the classification its population entitles it to under the provision of part 1 of this act. HISTORY: New 1955, p. 531, Act 269, Eff. Jul. 1. 340 .4 02 Consolidation of districts; request, approval, modification of pro posal; location in m ore than one county. Sec. 402. Whenever the county superintendent of schools shall be requested in writ ing by not less than 10 school electors of each of 2 or more districts to initiate proceed ings for the consolidation of the said 2 or more districts, he shall refer the question of consolidating the said districts to the superintendent of public instruction for his ap proval: Provided, That a resolution of the board requesting such action by the county superintendent shall have the same effect as such written request by the electors of any district. The superintendent of public instruction shall have authority to approve or deny the proposal to initiate proceedings to effectuate the proposed consolidation, or he may require that 1 or more of such districts be not included in the proposed con solidation. His action in the matter shall be final. If the school districts proposed to be consolidated are located in more than 1 county, the request to initiate consolidation proceedings shall be addressed to the superintendent of the county containing the largest portion of the assessed valuation of the proposed consolidated district, and it then shall become his duty to carry out the proceedings hereinafter assigned to the county superintendent. HISTORY: New 1955, p. 532, Act 269. Eff. jul. 1. 36aa 3 40 .403 Consolidation of districts; petitions, form , circulation, tim e, return. Sec. 403. Within 30 days of the receipt of the approval of the superintendent of public instruction to the consolidation of 2 or more districts, the county superintend ent of schools shall have petitions prepared for circulation within the affected school districts. Said petitions shall be printed or duplicated and the first page of any petition shall be in the following form: Official Petition No............ consisting o f ......... pages. Expiration date..................... (Signed)............................. County Superintendent of Schools o f ............ County, Michigan. To the County Superintendent of Schools o f ..........County, Michigan. We, the undersigned, qualified (here insert “registered’' in the case of a registration district) electors o f ................................................................................. ......................................... (Name of School District) hereby petition that you cause the question of consolidating the following school dis tricts to be submitted to the school electors of said districts: Names of school districts to be consolidated to be listed here Signatures of Petitioners Name Address Date of Signing Each additional page of any such petition shall have at or near the top of the page the following: Official Petition N o . .............................. Page No................................... Expiration date of Petition....................................................... Signature of County Superintendent of Schools................................................................ Each page shall have printed or duplicated the following statement below the space for signature for petitioners: The undersigned hereby certifies that he is a qualified (here insert “registered’’ in the case of a registration district) elector o f ............................................................................. (Name of School District) and that each signature appearing on this page is the genuine signature of the person signing the same and that to his best knowledge and belief each such person was at the time of signing a qualified (here insert “registered” in the case of a registration dis trict) elector of said school district. Dated th is ..................................... day o f ............................ 19.......................... Each petition shall be signed by the county superintendent of schools as indicated in the foregoing form before being issued to any person for circulation. Official petitions in the form as above provided shall be given by the county super intendent of schools to anv interested elector of any of the districts proposed to be consolidated. Only qualified school electors of the districts in which signatures to the petitions are being sought shall circulate such petitions and the statement appearing below the signatures of petitioners shall be dated or signed on each page before re turning such petition to the county superintendent of schools. 37aa Official petitions as above provided shall be returned to the county superintendent of schools on or before the expiration date stated on the petition. The expiration date for filing of petitions shall be the sixtieth day after the receipt bv the county superin tendent of schools of the last certification by a city or township clerk as to the number of registered general electors residing in each of the affected school districts as herein after pres ided, but in no event shall such expiration date be later than 180 days after the date of approval by the superintendent of public instruction. HISTORY: New 1955, p. 532. Act 269, Eff. Jul. 1. 340 .404 Consolidation of districts; registration of electors. Sec. 404. Immediately upon receipt of the approval of the superintendent of public instruction to the consolidation of 2 or more districts the county superintendent of schools shall request each appropriate city or township clerk to certify to him the number of registered general electors residing in each of the affected school districts and it shall be the duty of any such city or township clerk to make such certification without delay. The number of registered general electors so certified shall be the basis for determining the required number of signatures for calling an election on the ques tion of consolidation as hereinafter provided. In registration districts, signatures of per sons registering after the date of certification by the appropriate city or township clerk shall be valid signatures if such persons are registered at the time of signing a petition: Provided, That such additional registrations shall not affect the number of registered general electors originally certified to by the respective city or township clerks. It is the intent that in registration districts electors in order to be eligible to sign petitions and vote on the question of consolidation shall be registered electors, while in non registration districts registration shall not be a required qualification for signing peti tions or for voting on consolidation. HISTORY: New 1955, p. 533, Act 269, Eff. Jul. 1. 340 .405 Consolidation of districts; determ ination of num ber of qualified electors; superintendent of schools. Sec. 405. Upon the filing of such petitions with the county superintendent of schools, said county superintendent shall canvass the same to ascertain the number of qualified electors who have signed the same, and, for the purpose of determining the validity of any doubtful signatures, may cause them to be checked against the registra tion records by the clerk of any political subdivision in which said petitions were circu lated or may use anv other method he deems proper for determining the validity of such doubtful signatures. In the absence of fraud on the part of the county superin tendent in the determination of the validity of the signatures to any petition or error in the determination of the number of qualified signatures, his determination of the num ber of qualified electors signing each petition shall be final. HISTORY: New 1955, p. 533, Act 269, Eff. Jul. 1. 340 .406 Consolidation of districts; calling of elections, prerequisites. Sec. 406. Whenever the county superintendent of schools is presented with peti tions signed by qualified school electors in each district to the number of not less than 50% of the number of registered general electors, as of the date the county superin tendent of schools releases petitions, residing in each district in the case of primary districts, and by school electors of not less than 5% of the number of registered general electors residing in each district in the case of all other districts, he shall cause the question of consolidating the school districts to form a single school district to be sub mitted to the vote of the electors of the school districts at an election called to be held within 45 davs after the receipt of such petitions. \o petitions shall be required in the 38aa case of any district operating 12 grades when a resolution adopted by the board of the district requesting consolidation of districts has been filed with the county superin tendent of schools. It shall be the duty of any city or township clerk to certify to the county superintendent of schools the number of registered general electors residing in a school district when so requested by the county superintendent. HISTORY: New 1955, p. 533, Act 269, Eff. Jul. 1;—Am. 1958, p. 234, Act 195, Eff. Sep. 13. 3 4 0 .4 0 7 Consolidation of districts; special election, place. Sec. 407. The question of establishing a consolidated school district shall be submit ted to the school electors at a special election held for such purpose. In voting to form such consolidated school district, each district operating 12 grades shall vote sepa rately as a unit and all other school districts to be included in the consolidation shall vote together as a unit. The board shall conduct the election in each school district op erating 12 grades, and the county board of education of the county, the county super intendent of which is required to call the election aS herein provided, shall conduct the election for the other districts voting together as a unit: Provided, however, That such elections shall be held on the same day and during the s^me hours and that when ever any registration district votes separately as herein provided the provisions of chapter 8 of part 2 of this act shall apply, but not when such district votes together with 1 or more other districts. HISTORY: New 1955, p. 534, Act 269, Eff. Jul. 1. 340.408 Consolidation of districts; notice of special election, contents, post ing, publication. Sec. 408. The county superintendent shall give notice of the date, place or places, the proposition or propositions to be submitted, and the hours the polls will be open for the special election to the electors of the districts operating less than 12 grades, by causing notice thereof to be posted in 3 or more places in such affected districts not less than 10 days prior to such election and by publication at least once in a newspaper of general circulation in the territory of such districts 10 days or more before the elec tion. The county superintendent shall in writing notifv the secretary of each board of each affected district operating 12 grades of the day and hours for holding such special election. Upon receipt of such notice, it shall be the duty of each such secretary to give the statutory notice of the day, place or places, and the hours for holding such election and of the last day of registration in the case of a registration district. Each such secretary shall furnish timely proof of giving such notice to the county superin tendent in the form of affidavits of posting notice or publication, as the case may be. In the event that a registration district which is required to vote separately is included in the proposed consolidation, the polls in each election unit shall be open from 7:00 o’clock in the forenoon until 8:00 o’clock in the afternoon, and the county superin tendent shall give the required notice of the day of the election to the secretary of the board of such registration district at least 35 days prior to the election. HISTORY: New 1955, p. 534, Act 269, Eff. Jul. 1;— Am. 1959, p. 252, Act 177, Eff. Mar. 19. 1960. 39aa 340.409 Consolidation of districts; form of ballot; conduct of election. Sec. 409. The vote on the question of consolidating shall be by printed ballot and shall be in substantially the following form: “Shall all of the territory of the following districts be united to form 1 school dis trict? (Names of school districts to be consolidated to be listed here) Yes ( ) no ( r The intermediate school district superintendent shall Supply printed ballots, poll hooks and other necessary election supplies to the board or boards of election inspec tors of the election unit of the districts operating less than 12 grades. The secretary of the board of each school district operating 12 grades shall have printed ballots pre pared for the election and supply all election materials necessary for said election. The board of each such district shall appoint the necessary school electors to the board or boards of election inspectors. The members of the intermediate board of education shall act as the board or boards of election inspectors for the election held in the dis tricts operating less than 12 grades. The intermediate board of education may appoint additional persons to the board or boards of election inspectors, and, if more than 1 place for holding such election is designated by the intermediate school district super intendent, the members of the intermediate board of education shall be apportioned by the intermediate school district superintendent to the boards of election inspectors. In the event that a member of the intermediate board of education or such other per son appointed to a board of election inspectors is unable to be present at the election or is required to leave during the hours the polls are open, the remaining members of such board of election inspectors may appoint another person to fill such vacancv. bach member of a board of election inspectors shall take the constitutional oath of of fice before entering on his duties. Elections shall be canvassed by the board of canvas sers established by section 514a, this being section 340.514a of the Compiled Laws of 1948, and the result shall be certified by the secretary of the board to the intermediate- school district superintendent of schools. In the case of a registration district voting separately and in more than 1 precinct, the secretary of the board of canvassers shall file a certified copy of the canvass of the election by the board with the intermediate school district superintendent. The affirmative vote of a majority of the school electors voting on the question in each of the election units, as hereinbefore defined, shall be necessary to effect the consolidation of the districts, and such consolidation shall be come effective as of the day of the election on which the votes were cast. Compensation of election inspectors, paym ent of expenses. The members of the intermediate board of education and such other inspectors of election acting in the election unit of the district or districts operating less than 12 grades shall receive the same compensation for conducting such election as is author ized for election inspectors in a general state election. In the event the consolidation becomes effective, all expenses incurred for the election in all election units shall be certified to the board of the consolidated district and it shall be the duty of said board to pay the same out of the funds of the consolidated district. If the proposition to con solidate fails to be approved, as hereinbefore provided, the intermediate board shall determine the expenses of the election held in the election unit operating less than 12 grades and apportion such expenses equally among the several districts of such elec tion unit. It shall be the duty of each such board of education to pay such apportion ment to the intermediate board of education without delav. HISTORY: New 1955, p. 534, Act 269. Kff. Jul. 1;—Am. 1963, 2nd Ex. Ses., p. 49, Act 39, !md. Eff. Dec. 27. 40aa 340 .410 Consolidated district; first board, appointm ent, acceptance, term , meeting. Sec. 410. Within 10 days after the effective date of the consolidation of 2 or more school districts, the county board of education of the county containing the territory of the consolidated district shall appoint qualified electors of the district in the number required by the classification of the district to act as a board for said district. When the territory of a consolidated district extends into more than 1 county, such appoint ment shall be made by the county board of education of each county acting jointly as a single board. Within 7 days after his appointment, each member shall file with the county superintendent an acceptance of the office, accompanied by a written affidav it setting forth the fact of eligibility as provided in section 493 of this act. Except as hereinafter provided, each member so appointed to the board shall hold office until the next annual election, at which time there shall be elected by ballot a new board in accordance with the provisions of chapter 3 or chapter 4 of part 1 of this act for the election of a first board. Within 15 days after the effective date of the consolidation, the county superintendent shall call a meeting of the board appointed by the county board of education, at which meeting the board shall elect a president, a secretary and a treasurer. District election; sa laries of board m em bers. If the effective date of the consolidation is between the thirtieth day prior to the an nual election and December 31, the board appointed by the* county board shall at its first meeting call a district election to be held within 45 days from the day of the meet ing. At the election, a board of the requisite number of members shall be elected for such terms as are required for the election of a first board in section 55 or section 107 of this act. The salaries of the members of the board shall be determined by the elec tors of the district at such election in accordance with section 71 or section 112. The election shall be in lieu of the first annual election and the first year of each term of of fice shall extend until the date of taking office following the next succeeding annual election. The board shall hold its first meeting and elect officers as provided in section 57 or section 111 of this act. HISTORY: New 1955. p. 535, Act 269, EH. JuL 1:—Am. 1963, p. 438, Act 248, Imd. EH. Jun. 13. 340.411 Consolidated district; transfer of records, funds, property of origi nal districts. Sec. 411. Within 20 days after the effective date of the consolidation of 2 or more districts, the board of each of the original districts shall account to the board of the consolidated district for all records, funds and property belonging to said original dis trict and shall turn over the same to the board of the consolidated district. Upon re ceipt of such records, funds and property by the board of the consolidated district, the officers of the original district or districts shall be released from liability therefor and their offices terminated. HISTORY: New 1955, p. 535. Act 269, EH. Jut. 1. 41aa 340.412 Consolidated district; indebtedness of original district, retirem ent. Sec. 412. If any district becoming part of the consolidated district has a bonded in debtedness incurred after December 8, 1932, or has outstanding tax anticipation notes at the time of consolidation, the identity of such district shall not be lost by virtue of such consolidation and its territory shall remain as an assessing unit for purposes of such bonded indebtedness and such tax anticipation notes until such indebtedness has been retired or the outstanding bonds refunded by the consolidated district. The board of the consolidated district shall constitute the board of trustees for such origi nal district having such bonded indebtedness or tax anticipation notes and the officers of the consolidated district shall be the officers for said original district. The board of the consolidated district shall certify and order the levy of taxes for such bonded in debtedness and tax anticipation notes in the name of the original district, shall not commingle the debt retirement funds of the original district with funds of the consoli dated district, and shall do all things relative to such bonded indebtedness and tax an ticipation notes required by law and by the terms under which the issue and sale of the bonds and tax anticipation notes were originally authorized. All other tax levies for tire purposes of the consolidated school district shall be spread over the entire area of the consolidated district. HISTORY: New 1955, p. 536, Act 269, Eff. Jul. 1;—.Am. 1969, p. 296, Act 146, Imd. Eff. jul. 31. 340.413 Consolidated district; assum ption of indebtedness. Sec. 413. Any time after 3 years following the consolidation, anv consolidated dis trict may assume the obligation of the bonded indebtedness incurred after December 8, 1932, of any original district becoming a part of the consolidation and pay the same from the proceeds of a debt retirement tax levy spread uniformly over the territory of the consolidated district whenever the electors of the consolidated district shall have approved an increase in the limitation on taxes for that purpose and the school tax electors of the district have approved the assumption of such bonded indebtedness. Assumption of such bonded indebtedness of an original school district shall not oper ate to release the territory of the original district for the final responsibility of paying the obligation or to rescind the increase in the limitation on taxes pledged to the bond issue or available for it in the original district, nor be construed as so doing. When the bonded indebtedness of an original district has been so assumed, it shall be the duty of the board of the consolidated district to certify and order the levy of taxes for such bonded indebtedness equivalent in terms of money to those required by the terms un der which such indebtedness was originally incurred, and carry out all provisions of the original bond contract. The election may be held at any time following the effec tive date of consolidation whenever a proposal is made to increase the bonded indebt edness of the combined district. HISTORY: New 1955, p. 536, Act 269, EH. Jul. 1;—Am. 1957, p. 154, Act 135, EH. Sep. 27;—Am. 1959, p. 252, Act 177, EH. Mar. 19, 1960. 42aa 340 .414 Consolidated district; sim ultaneous election on consolidation, in crease of constitutional debt limits, assum ption of outstanding bonded in debtedness; petition, procedure. Sec. 414. Whenever the petitions filed with the county superintendent of schools as set forth in section 403 of this act include -a request that the questions of increasing the constitutional limitation on taxes of the consolidated school district for the purpose of providing a debt levy for the bonded indebtedness incurred after December 8, 1932, of 1 or more of the districts to become part of the consolidation and of assuming such bonded indebtedness and the question of increasing the constitutional limitation on taxes of the consolidated school district for operating purposes be submitted to the electors at the time of voting to form the consolidation, it shall be the duty of the county superintendent to include such question for the vote of the electors at each of the election units provided in section 407 of this act. The statement of votes cast on these questions shall be certified to the county superintendent by each board of elec tion inspectors, including those of a district voting in more than 1 precinct: Provided, That only school tax electors shall be permitted to vote^on the question of assuming such bonded indebtedness. The county board of education shall meet within 3 days after the day of the election and canvass the statements filed by the various election boards. The county board shall bv resolution declare the result of the election on these questions and this resolution shall be the official declaration of the result thereof. The propositions shall be declared to have been adopted if the canvass of the votes cast shows that a majority of all electors voting on each proposition voted in the affirma tive: Provided, That the proposition of forming the consolidation was adopted at said election as hereinbefore set forth. The proposition to form a consolidated district shall be declared to have failed regardless of the vote thereon if the proposition to increase the limitation on taxes for the debt levy, the proposition to assume such bonded in debtedness or the proposition to increase the limitation on taxes of the consolidated school district for operating purposes was not approved at said election. Approval of municipal finance com m ission; form of request for increase of debt limits and consolidation. The approval of the municipal finance commission to the sufficiency of the pro posed increase in the limitation on taxes shall first be secured before the petitions are circulated within the districts to be consolidated. Whenever the electors approve a consolidation and an increase in the limitation of taxes and the assumption of the bonded indebtedness of 1 or more of the original districts as herein provided, the con solidated district shall assume the obligation of such bonded indebtedness and shall pay the same by spreading a debt retirement tax uniformly over the territory of the consolidated district, and the provisions of section 413 of this act shall apply relative to such levy, the continuing obligations of such original district or districts, and the rights and remedies of any bondholder. The request for including the question of increasing the constitutional limitation on taxes of the consolidated school district for the purpose of providing a debt levy for the bonded indebtedness incurred after December 8, 1932, of 1 or more of the districts to become part of the consolidation and for assum ing such bonded indebtedness by the consolidated district shall be stated on the peti tion after the names of the school districts to be consolidated, as set forth in section 403 of tliis act, in substantially the following form: 43aa We petition that the question of increasing the constitutional limitation on taxes which may be assessed against all property in the consolidated school district to be formed as herein petitioned be increased by ............ mills for a period of ................ years, 19.... to 19...., inclusive, for the purpose of paying the bonded indebtedness of (Name of School District or Districts) and the question of assuming and paying such bonded indebtedness by the proposed consolidated district, and We further petition that the question of increasing the constitutional limitation on taxes which may be assessed against all property in the consolidated school district to be formed as herein petitioned be increased by ............ mills for a period of ........... years, 19.... to 19...., inclusive, for operating purposes, be submitted to the electors at the same election in which the question of consolidating the above districts is submit ted.” HISTORY: New 1955, p. 536, Act 269, Eff. Jul. I A m . 1963, p. 438, Act 248, Imd. Eff. Jun. 13. 340.414b Consolidated district; increase of constitutional debt limits, a s sumption of outstanding bonded indebtedness; petition. Sec. 414b. When the county superintendent of schools shall find that all the re quests in writing or the resolutions of the board or boards which he has received under the provisions of section 402 of this act request that the provisions of section 414 be in cluded with the question of consolidation, then the countv superintendent of schools shall cause to have the petitions provided in section 403 include these provisions. HISTORY: Add. 1956, p. 463, Act 215, Imd. Eff. May 1. 340.415 Consolidated districts; bonded debt of original district not subject to tax lim itation, approval by school tax elector. Sec. 415. The authority and procedures prescribed in this chapter for the assump tion of bonded indebtedness of districts proposing consolidation shall apply to the as sumption by the consolidated district of any bonded debt of the original districts which is not subject to the constitutional limitation on taxes: Provided, however, That the question of increasing the tax limitation in respect to such unlimited tax bonded debt shall not be included in the petitions for consolidation, nor shall the school elec tors be required to approve an increase in the tax limitation in respect to such debt. The assumption of such unlimited tax bonded debt shall be approved by the school tax electors at the time of the consolidation election or at any time after 3 years following the consolidation. HISTORY: Add. 1956, p. 463, Act 215, Imd. Eff. May 1. CHAPTER 6. BOARDS OF EDUCATION; TERMS OF OFFICE; ELIGIBILITY; ACCEPTANCE; VACANCIES; FILLING OF VACANCIES. 340.491 Board of education; m em bers, term of office. Sec. 491. The terms of office of all members of boards of education shall commence on July 1 and continue until their successors are elected and qualified. HISTORY: New 1955, p. 543. Act 269. Eff. Jul. I A m . 1961, p. 30, Act 29, Imd. Eff. May 12. 44aa CHAPTER 9. BOARDS OF EDUCATION— GENERAL POWERS AND DUTIES. 340.561 Board of education; public m eetings, record, tem porary officers. Sec. 561. All business which the board of any district is authorized to perform shall be done at a public meeting of the board and no act shall be valid unless voted at a meeting of the board by a majority vote of the members elect of the board and a proper record made of the vote. A meeting in which all members are present, with or without proper notice, shall be considered a legal meeting for the transaction of busi ness. Meetings of the board shall be public meetings and no person shall be excluded therefrom. The board may hold executive sessions, but no final action shall be taken at any executive session. The minutes of all board meetings must be signed by the secre tary. In the absence of the secretary in any meeting, the president shall appoint a tem porary secretary who shall sign the minutes of the meeting. In the absence of the presi dent, the other members present shall elect a temporary president. HISTORY: New 1955, p. 549, Act 269, Eff. Jul. 1;—Am. 1959, p. 355, Act 240, Eff. Mar. 19, I960;—Am. 1961, p. 257, Act 181, Eff. Sep, 8. 340 .562 Board of education; public records, inspection. Sec. 562. The board of every district shall purchase a record book and such other books, blanks and stationery as may be necessary to keep a record of the proceedings of the board, the accounts of the treasurer, and for doing the business of the district in an orderly manner. All records of the board shall be public records and subject to in spection under section 750.492 of the Compiled Laws of 1948. HISTORY: New 1955, p. 550, Act 269, Eff. Jul. 1;—Am. 1959, p. 355, Act 240, Eff. Mar. 19, 1960. 340.563 Board of education; tax e s, levy. Sec. 563. The board of every district shall vote to lew such taxes as may be neces sary for all school operating purposes, which shall include but nor be limited to school furnishings and all appurtenances, the care of school property for such alterations as shall be necessary to place the school house in a safe and sanitary condition, teachers' and employees’ wages, water supply, premium upon indemnity bond for the treasurer of the district, tuition and transportation of the pupils, record books and blanks, and all apparatus, equipment and material which may be necessary in order that the schools may be properly managed and maintained, and for the deficiencies in operat ing expenses for the preceding year, if any. HISTORY: New 1955, p. 550, Act 269, Eff. Jul. 1. 340 .564 Board of education; tax e s; secre tary ’s certificate to clerks. Sec. 564. The secretary of the board of every school district shall file a certified copy of a resolution of the board certifying the taxes to be levied on the taxable prop erty within the district as approved by the electors of the district or the board with the city and township clerk of each city and township in which the territory of the district is situated on or before September 1 of each year or within 10 days after the annual meeting if held in September. HISTORY: New 1955, p. 550. Act 269. Eff. Jul. 1;—Am. 1958, p. 48, Act 46, EF. Sep. 13;—Am. 1960, p. 138, Act 123, Eff. Aug. 17. 45aa 340 .566 Board of education; m oney, paym ent, use. Sec. 566. No money raised by tax shall be used for any other purpose than that for which it was raised without the consent of a majority of the school tax electors of the district voting on the question at an annual or special meeting or election, and no moneys received from the primary school fund shall be appropriated for any other use than the payment of teachers wages, tuition and transportation of children, as pro vided by law. HISTORY: New 1955, p. 550, Act 269, Eff. Jul. 1. 3 40 .567 Board of education; borrowing pow er, tax collection. Sec. 567. The board of education of any district may borrow money in anticipation of the collection of taxes in accordance with Act No. 202 of the Public Acts of 1943, as amended, being sections 131.1 to 138.2, inclusive, of the Compiled Laws of 1948, in force or as the same may hereafter be amended. HISTORY: New 1955, p. 550, Act 269, Eff. Jul. 1. 340 .567a Board of education; borrowing pow ers; school operation; re p a y m ents; notes, issuance, due dates, interest, lim itations; certificate of ap proval; va lid ity of note. Sec. 567a. Subject to the restrictions prescribed in this section, the board of educa tion of any school district may borrow money and issue its note or notes therefor, for the purpose of securing funds for school operations or for the payment of previous loans made for school operations under this or any other statute, and for the payment of the note or notes hereunder shall pledge moneys to be received by it from the state school aid fund. Any such notes shall be the full faith and credit obligations of the school district and shall be payable from tax levies or from an)’ unencumbered funds of the school district in event of the unavailability or insufficiency of state aid funds for any reason, including the invalidity of any statute pertaining thereto. Notes issued under this section shall become due on or before September 1 immediately following the fiscal year in which they are issued, except as hereinafter provided. Notes from time to time issued in any fiscal year shall not exceed 100% of the difference between the total state aid funds apportioned to the school district for such fiscal year and the portion thereof already received or pledged, provided that during the last 3 months of any fiscal year additional notes may be issued pledging state aid funds for the next fis cal year. Such additional notes shall not exceed 15% of the state aid funds apportioned to the school district for the next fiscal year or if such apportionment has not yet been made, then 15% of the apportionment for the then current fiscal year, which addi tional notes shall mature not later than November 1 immediately following their is suance. Notes issued under this section shall bear interest at not to exceed 6% per an num and may be made redeemable prior to maturity on such terms and conditions as shall be provided in the notes. The issuance of notes under this act shall not be subject to the provisions of Act No. 202 of the Public Acts of 1943, as amended, being sections 131.1 to 138.2 of the Compiled Laws of 1948. No notes shall be issued for borrowing under the provisions of this act without the prior approval of the superintendent of public instruction, for which approval application shall be made by the school district. 46aa The superintendent of public instruction shall issue a certificate of approval whu shall show the amount fixed as the state appropriation allocated to the school district for the present and, if applicable, for the next succeeding fiscal year and any payments distributed to the school district prior to the date of the certificate. The failure of any school district to receive any state appropriation shall not affect the validity or en forceability of any note issued under this section. A school district may make more than 1 borrowing under this section during any school year. No school district shall contest the validity of any note issued by it under this section if it has received permis sion from the superintendent of public instruction to issue the same and has received the principal amount of the note. No school district shall make any new borrowing un der section 26 of Act No. 312 of the Public Acts of 1957, as amended, being section 388.636 of the Compiled Laws of 1948, while this section is in effect. HISTORY: A di 1968, p. 556, Act 316, Elf. Nov. 15;—Am. 1969, p. 296, Act 146, Imd. EH. Jul. 31. 3 40 .569 Teacher’s contracts; contents, filing, term ination. Sec. 569. The board of every district shall hire and contract with such duly qualified teachers as may be required. All contracts with teachers shall be in writing and signed by a majority of the board in behalf of the district, or by the president and secretary, or by the superintendent of schools or his designee when so directed at a meeting of the board. The contracts shall specify the wages agreed upon and in primary school districts shall require the teacher to keep a correct list of the pupils, grading and the age of each, attending the school, and the number of days each pupil is present, the aggregate attendance and percentage of attendance, and to file the same with the su perintendent of the intermediate district and a true copy thereof with the secretary of the board at the end of the school year, and no teacher shall be entitled to receive his last payment for his services until the report shall be filed. The contract shall be filed with the secretary and a duplicate copy of the contract shall be furnished to the teacher. No contract with anv person shall be valid unless such person shall hold a le gal certificate of qualification at the time the contractual period shall begin, and all such contracts shall terminate if the certificate shall expire by limitation and shall not immediately be renewed, or it shall be suspended or revoked by proper legal author ity. Any board after a teacher has been employed at least 2 consecutive years by the board may enter into a continuing contract with such teacher if the teacher holds a permanent or life certificate. A continuing contract is a contract which shall remain in full force and effect, as provided in the rules and regulations of the board, until the teacher resigns, elects to retire, is retired, or is dismissed for reasonable and just cause after a fair hearing. HISTORY: New 1955, p. 551, Act 269, EH. Jul. 1;—Am. 1965, p. 15, Act 14, EH. Mar. 31, 1966. 340 .5 69 a Purchase of annuity, contract; payroll deduction, retroactive ef fect. Sec. 569a. At the request of an employee and as part of his compensation arrange ment, the board of education of any school district may purchase an annuity contract for an employee for retirement or other purposes and may make payroll allocations in accordance with such arrangement for the purpose of paying the entire premium due and to become due under the annuity contract. The allocation shall be made in a man ner which will qualify the annuity premiums, or a portion thereof, for the benefit af forded under section 403 (b) of the current federal internal revenue code or any equiv alent provision of subsequent federal income tax law. The employee shall own the 47aa annuit)’ contract and his rights thereunder shall be nonforfeitable except for failure to pay premiums. The board of education shall have no liability thereunder because of its purchase of any annuity contracts. This section shall be applied in a nondiscriminatory manner to employees of the school district. Its effect shall be retroactive to October 1, 1961. HISTORY: Add 1963, p. 440, Act 248, Imd. Eff. Jun. 13. 340.569b Teachers’ contracts; term ination; substitution of new contract, e f fect. Sec. 569b. At any time, the board of any district, by agreement between the board and a teacher or by agreement between the board and any organization representing the teacher in accordance with Act No. 176 of the Public Acts of 1939, as amended, being sections 423.1 to 423.30 of the Compiled Laws of 1948, may terminate an exist ing contract for the services of the teacher and substitute a new contract which pro vides an increased benefit to the teacher. The new contract shall be binding without regard to any preexisting duties or obligations of either the school board or the teacher under the first contract. HISTORY: Add. 1966, p. 106, Act 82, EH. Mar. 10, 1967. 340.569c School building principals; em ploym ent; duties. Sec. 569c. Boards of education may employ an administrator or administrators, usu ally called building principals, and who shall: (a) Supervise the operation and management of the school or schools and property as the board determines for the building principals. (b) Be assigned administrative responsibilities and coordinate instructional leader ship, under the supervision of the superintendent, for the planning, management, op eration and evaluation of the educational program and services. (c) Submit recommendations to the superintendent for the appointment, assign ment, promotion or dismissal of all personnel assigned to his supervision. HISTORY: Add. 1970, p. 661, Act 246, Imd. Eff. Dec. 30. 340.573 Superintendent of schools; qualifications, w a iver. Sec. 573. Before any person may be employed as a superintendent of schools of any school district, he shall possess at least an earned bachelor’s degree from a college ac ceptable to the state board of education and be the possessor of or be eligible for a teacher’s certificate or have educational qualifications equivalent thereto in accord ance with standards determined by the state board of education: Provided, That said state board may waive the requirements of this section for any person employed as su perintendent of schools for the school year 1951-1952, and subsequent years while he continues in such capacity for the same school district. HISTORY: New 1955, p. 552, Act 269, Eff. Jul. 1. 340.574 Assistants, em ployees; duties, com pensation. Sec. 574. Every board may employ such assistants and employees as may be neces sary and prescribe their duties and fix their compensation. HISTORY: New 1955, p 552, Act 269, EH. Jul. 1. 48aa 340.575 Length of school term; determination, minimum; certification; de duction of state aid; rules. Sec. 575. The board of every district shall determine the length of the school term. The minimum number of days of student instruction shall be not less than 180. Any district failing to hold 180 days of student instruction shall forfeit l/180th of its total state aid appropriation for each day of such failure. Not later than August 1, the board of every district shall certify to the department of education the number of days of stu dent instruction in the previous school year. If the district did not hold at least 180 days of student instruction, the deduction of state aid shall be made in the following fiscal year from the first payment of state aid. Days lost because of strikes or teachers conferences shall not be counted as a day of student instruction. The state board of ed ucation shall establish rules for the implementation of this section. HISTORY: New 1955, p. 552, Act 269. EH. Jui. 1;—Am. 1967, p. 351, Act 2-37, EH. Nov. 2:—.Am. 1970. p. 165, Act 72, Imd. Eff. Jul. 12. 340.576 Sites, buildings; purchase, lease. Sec. 576. No board shall build a stone or brick schoolhouse upon any site without first having obtained title in fee to the same, or a lease for a period of not less than 99 years, or unless it shall have obtained a lease for a period of not less than 50 years from the United States government or the state of Michigan, or a political subdivision thereof; nor shall any board build a frame schoolhouse on an}- site for which it does not have a title in fee or a lease for 50 years without securing the privilege of removing the schoolhouse. HISTORY: New 1955, p. 552, Act 269, Eff. Jul. 1. - 340.576a Building sites; urban renewal program. See. 576a. The board of any school district may become a participating member with other units of government and spend building and site binds for the purpose of acquiring a schoolhouse site or an addition of territory to a schoolhouse site through an urban renewal program. HISTORY: Add. 1962, p. 100, Act 111, Imd. Eff. Apr. 30. 340.576b Real and personal property acquisition; restriction. [M.S.A. 15.3576(2)] t Sec. 576b. (1) The board of any school district, including any district governed by any special or local act, may acquire any real or personal property for use for school purposes by purchase, land contract, lease, with or without option to purchase, or title retaining contract. Any such district may pay for the same out of any funds of the district which are or may become lawfully available for these purposes. The outstanding balance of all such acquisitions, exclusive of interest, shall not exceed VA% of the equalized assessed value of real and personal property in such school district. 340.576c Equipment; purchase, rental; payment; contract. Sec. 576c. The board of any school district, including any school district governed by any special or local act, may acquire bv purchase, lease or rental, with or without option to purchase, any equipment necessary for the operation of the school program, including heating, water heating and cooking equipment for school buildings, and may pay for such equipment from operating funds of the district. All heating and cooking equipment may be purchased on title retaining contracts, chattel mortgages, or other form of agreement creating a security interest and pledging in payment moneys in the general fund or funds received from the state for aid in support of the public schools. Such contracts shall not be entered into or issued for a longer period than 10 years. HISTORY: Add. 1965, p. 441, Act 263, Imd. EH. Jul. 21;—Add. 1965, p. 739, Act 375, Imd)EH. Jul. 23;—Am. 1967, p. 157, Act 126, Imd EH. Jun. 27. 49aa 340.578 School property; custody, preservation ; school m anagem ent; rules, regulations. See. 578. Every board shall have the general care and custody of the schools and property of the district and make and enforce suitable rules and regulations for the general management of the schools and the preservation of the property of the district. HISTORY: New 1955. p. 553. Act 269, Eff. Jul. 1. 340 .582 Nonresident pupils; tuition, per capita cost. Sec. 582. The board of any district may admit to the district school nonresident pu pils and shall determine the rates of tuition of such pupils and shall collect the same. Tuition for grades kindergarten to 6, inclusive, shall not exceed 25% more than the op eration cost per capita for the number of pupils in membership in grades kindergarten to 12, inclusive. Tuition for grades 7 to 12, inclusive, shall not exceed 12 xk% more than 115% of the operation cost per capita for the number of pupils in membership in grades kindergarten to 12, inclusive. In districts not maintaining grades above grade 8, the tuition shall not exceed 25% more than the operation cost per capita for the num ber of pupils in membership in grades kindergarten to 8, inclusive. The operation costs and membership so used shall be those of the preceding fiscal year. The per capita cost herein referred to shall not be interpreted to include moneys expended for school sites, school building construction, equipment, payment of bonds, or such other pur poses as shall be determined by the superintendent of public instruction not properly included in operation costs. HISTORY: New 1955, p. 553, Act 269, Eff. Jul. 1;—Am. 1958, p. 235, Aet 195, Eff. Sep. 13. 340 .583 G rad es, schools, departm ents; courses of study. Sec. 583. Every board shall establish and carry on such grades, schools and depart ments as it shall deem necessary or desirable for the maintenance and improvement of the schools; determine the courses of study to be pursued and cause the pupils attend ing school in such district to be taught in such schools or departments as it may deem expedient: Provided, That a primary district shall not operate any grades above the eighth. HISTORY: New 1955, p. 554, Act 269, EH. Jul. 1. 340 .589 Attendance areas. Sec. 589. Every board is authorized to establish attendance areas within the school district. HISTORY: New 1955, p. 554, Act 269, Eff. Jul. 1. 50aa 340.594 Buses; purchase, pledge of state aid , regulations. Sec. 594. The board of any district furnishing transportation may purchase buses on title-retaining contracts or by the issuance of obligations of the district therefor, pledg ing in payment moneys in the general fund or funds received from the state for aid in the support of the public schools: Provided, That such obligations issued for this pur pose shall not be issued for a longer time than the estimated period of usefulness of the buses for which issued, as determined by the board, and in no event for a longer pe riod than 6 years. HISTORY: New 1955, p. 555, Act 263, Eff. Jul. 1. 340 .605 Scholarships; educational purposes; gifts, custodian, bond. Sec. 605. The board of any school district, except a primary school district, is hereby authorized to receive, by assignment, conveyance, gift, devise or bequest, any real or personal property or any interest therein, for use in maintaining scholarships or for other educational purposes, and such board may act as trustee or custodian of such property. Such property shall be used by the board solely for the educational purposes for which it was assigned, conveyed, given, devised or bequeathed, whether by way of trust or otherwise. The treasurer of the board is authorized, when required, to give bond to insure proper administration of such property. HISTORY. New 1955, p. 557, Act 269. Eff. Jut. 1. 340 .609 Board of education; attorney, em ploym ent. Sec. 609. The board shall have authority to employ an attorney to represent the school district or board in all suits brought for or against the district, and to render such other legal service as may be for the welfare of the school district. HISTORY: New 1355. p. 557, Acl 269. Eff. J.,1 1. 340.613 Expulsions of children; handicapped, evaluating. [M.S.A. 15.3613] Sec. 613. The board may authorize or order the suspension or expul sion from school of a pupil guilty of gross misdemeanor or persistent dis obedience when in its judgment the interests of the school may demand it. If there is reasonable cause to believe that the pupil is handicapped, and the local school district has not evaluated the pupil in accordance with rules of the state board, the pupil shall be evaluated immediately by the intermediate district of which the local school district is constituent in accordance with section 298c. 51aa 340.614 Board of education; duties, rules, safety of pupils in attendance or en route. Sec. 614. Every board shall have authority to make reasonable rules and regulations relative to anything whatever necessary for the proper establishment, maintenance, management and carrying on of the public schools of such district, including regula tions relative to the conduct of pupils concerning their safety while in attendance at school or en route to and from school. HISTORY: New 1955, p. 558, Act 269, EH. Jul. 1. 340.615 School ta x e s; budgets; property tax limitation act. Sec. 615. School taxes shall be assessed, levied and collected as provided in Act No. 206 of the Public Acts of 1893, as amended, being sections 211.1 to 211.157, inclusive, of the Compiled Laws of 1948. Budgets shall be submitted and school districts shall be governed by the provisions of the property tax limitation act, Act No. 62 of the Public Acts of 1933, as amended, being sections 211.201 to 211.217, inclusive, of the Com piled Laws of 1948. HISTORY: New 1955, p. 558, Act 269. EH. Jul. 1. CHAPTER 14. CONDEMNATION OF SCHOOL SITES AND ADDITION TO SCHOOL SITES. 340.711 Condem nation proceedings; prim a facie evidence of necessity. Sec. 711. Whenever a site for a schoolhouse or schoolhouses, agricultural sites, ath letic fields and playgrounds shall be designated, determined, established or enlarged in the manner provided by law and the board shall be unable to agree with the owner or owners of such site upon the compensation to be paid therefor, or for the land to en large the same, or in case such board shall, by reason of any imperfection in the title of said site or land to be added thereto, arising either from break in the chain of title, tax sale, mortgages, levies or any other cause, be unable to procure a perfect, unencum bered title in fee simple to said site, or land for the enlargement thereof, the board of such district shall authorize 1 or more of its members to apply to the circuit judge, if there be one in the county, or to a circuit court commissioner of the county for a jury to ascertain and determine the just compensation to be made for the real estate re quired by such school district for such site, or for the enlargement thereof, and the ne cessity for using the same, which application shall be in writing and shall describe the real estate required by such board or by such district as accurately as is required in a conveyance of real estate: Provided, That whenever the board shall have designated, selected or established in a manner provided by law a schoolhouse site or land for the enlargement thereof, such selection, designation or establishment shall be prima facie evidence to said jury of the necessity to use the site so established. HISTORY: New 1955, p 563, Act 269, EH. jul. 1. 52aa [No. 70.] An Act relative to free schools in the city of Detroit. S ection 1. Be it enacted by the Senate and House of Represen tatives of the State of Michigan, That the city of Detroit shall be considered as one school district, and hereafter all schools organized therein, in pursuance of this act, shall, under the direction and regu lations of the board of education, be public and free to all children residing within the limits thereof, between the ages of five and seven teen years, inclusive. S ec . 18. This act shall take effect from and after its passage. Approved February 17, 1842. PUBLIC ACTS 1969—No. 244. 388.171 First class school d istrict; division. [M.S.A. 15.2298(1)] Sec. 1. Not later than January 30, 1970, the school board of each first class district shall divide its district into not less than 7 nor more than 11 regional school districts with not more than 50,000 nor less than 25,000 students in each district. 388.172 Same; board; regional members; present members, term. [M.S.A. 15.2298(2)] Sec. 2. In addition to the present members of the first class board there shall be elected by the registered and qualified electors of each district to the first class board 1 member from each of the districts for a term of 4 years. The members of the first class school district board provided in section 2 to be elected by regions shall be elected in the general election to be held in November, 1970 and every fourth year thereafter for a term commencing on January 1 next following their election. The candidates shall be nominated in primary elections in the manner provided by law for the present first class school district members. The term of office of the present first class school board members shall hereafter be 4 years. The terms of office of present first class school board members which expire June 30, 1971 are extended to January 1, 1973. The term of office of present first class school board members which expire June 30, 1973 are shortened to January 1, 1973. The 5 at large positions on the first class district school board which expire January 1. 1973 shall be filled at the general election to be held in November, 1972 for a teriji of 4 years. The terms of office of present first class school district board members which expire on June 30. 1975 are extended to January 1, 1977 and shall be filled at the general election to be held in November. 1976 for a term of 4 vears. 53aa 388.173 R egional b oard s; size ; q u alification s; e lectio n ; term . [M .S .A . 1 5 .2 2 9 8 (3 )] Sec. 3. In each regional district there shall be elected 9 members to the regional board. No person shall be elected who is not a resident of the regional district from which he is elected. The members shall be nominated and elected by the registered and qualified electors of each district as is provided by law for the nomination and election of first class school board members except that signatures required on nominating petitions shali be not less than 500 nor more than 1.000. The members shall be elected for terms of 4 years. Except that of the members elected at the general election in 1970 the 5 members receiving the highest number of votes shall be elected for a term of 4 years and the 4 members receiving the next highest number of votes shall be elected for a term of 2 years. 388.174 F irs t class d istrict board, pow ers. [M .S .A . 1 5 .2 2 9 8 (4 )] Sec. 4. The first class school district board shall retain all the powers and duties now possessed by a first class school district except for those given to a regional school district board under the provisions of this act. 388.175 R egional board, pow ers. [M .S .A . 1 5 .2 2 9 8 (5 )] Sec. 5. Effective upon the commencement of its term of office, the regional school district board, subject to guidelines established by the first class district board, shall have the power to: (1 ) Employ and discharge a superintendent for the regional school district from a list or lists of candidates submitted by the district board. (2) Employ and discharge, assign and promote all teachers and other employees of the regional school district, subject to review by the first class school district board, which may overrule, modify or affirm the action of the regional district board. (3 ) Determine the curriculum, use of educational facilities and establishment of educa tional and testing programs in the regional school district. (4 ) Determine the budget for the regional school district based upon the allocation of funds received from the first class school district board. 388.176 Em ployee righ ts. [M .S .A . 1 5 .2 2 9 8 (6 )] Sec. 6. The rights of retirement, tenure, seniority and of any other benefits of any employee transferred to a regional school district or between regional school districts from the first class district shall not be abrogated, diminished or impaired. 388.177 F irs t class d istrict board, functions. [M .S .A . 1 5 .2 2 9 8 (7 )] Sec. 7. The first class school district board shall perform the following functions for the regional school districts: (1 ) Central purchasing. (2) Payroll. (3 ) Contract negotiations for all employees, subject to the provisions of Act No. 336 of the Public Acts of 1947, as amended, being sections 423.201 to 423.216 of the Compiled Laws of 1948, and subject to any bargaining certification and to the provisions of any collective bargaining agreement pertaining to affected employees. (4 ) Property management and maintenance. (5) Bonding. (6) Special education programs. (7) Allocation of funds for capital outlay and operations to each regional school district. (8 ) On or before November 1, 1970, establish guidelines for the implementation of the provisions of section 5. 54aa 1970 PA 4 8 , am ending 1969 PA 244 388.171a F irs t class school d is tr ic t ; board of education, com position. [M .S .A . 1 5 .2 2 9 8 (la ) ] Sec. la. On or after January 1, 1971, in any first class school district with more than 100,000 student membership, the board membership of the board of education shall be composed of 8 members determined and elected as provided in section 2a plus 5 members determined and elected as provided in section 3a. 388.172a R egions, description , ap p roval; boundary com m ission ; red eterm in a tion. [M .S .A . 15.2298 (2 a ) ] Sec. 2a. Immediately following the effective date of this 1970 amendatory act or any date on which a school district becomes a first class school district. 8 regions shall be described in each such first class school district by resolution concurred in by three-fourths of the members elected and serving in each house of the legislature and such regions so described shall be established as regions if and when approved by the superintendent of public instruction. If a concurrent resolution shall not be approved by three-fourths of such .members within 7 days of the effective date of this amendatory act or within 30 days of any date on which a school district becomes a first class school district a first class district boundary commission consisting of 3 members appointed by the governor shall determine the boundary lines of such regions within 21 days thereafter if in 1970 or within 30 days thereafter if in any later year. The members of the commission shall receive a compensation of $100.00 per diem per member from the funds appropriated to the de partment of education. The boundary lines of such regions shall be redetermined by the respective boards of such first class school districts following each federal decennial census but in no event later than April 15 of the first odd numbered year in which regional board members are to be elected following the federal decennial census. In the event of the failure of such respective boards of such first class school districts to redetermine such regional boundary lines by such April 15. the state board of education shall convene within 10 days to make such redetermination and such redetermination of the state board of education shall be the regional boundary lines until the redetermination is made following the next succeeding federal decennial census as provided in this section.. Regions shall be as compact, contiguous and nearly equal in population as practicable. Regional b o ard ; size ; e lectio n ; q u alification ; term . Within each region, there shall be a regional board consisting of 5 members. The members shall be nominated and elected by the registered and qualified electors of each district as is provided by law for the nomination and election of first class school board members except that signatures required on nominating petitions shall be not less than 500 nor more than 1,000. Any candidate properly filed for any educational position in any first class school district as of the effective date of this act shall be considered as a qualified candidate under sections 2a and 3a for the 1970 election provided such candidate makes a request, designation and selection to the election officer empowered by law to accept nominating petitions for such office. No person shall be elected who is not a resident of the region from which he is elected. The members shall be elected in the general election to be held in November, 1970 and November of 1973 and every 2 years thereafter commencing in 1975. 55aa E le c tio n ; ch airm an ; vacancy. In the year 1970 regional board members shall be elected in the November general election and candidates for such office shall not be subject to the primary election. In 1970 a person may qualify as a candidate for the election for regional board member by filing the required number of signatures on or prior to 4 p.m., August 18, 1970. In 1970 signa tures of registered electors of the first class district shall be valid without regard to the place of residence of such registered elector. In any year the candidate for regional board member receiving the highest number of votes in each region in the November general election shall be chairman of the regional board and a member of the board of education of his first class school district during his term of office. In case a vacancy occurs for any reason in the combined position of chairman of the regional board and member of the first class school district board of education, the regional board member who received the next highest number of votes in the preceding general election shall assume such combined position. The number of members of each regional board shall be maintained at 5 and vacancies shall be filled from among residents of the region by the remaining board mem bers of such region by a majority vote of those serving. No vacancies shall be filled later than 60 days prior to a primary election at which regional board members are to be nominated. The 5 regional board members elected in each region shall commence their terms of office on January 1 following the election and the members shall serve until their successors are elected and qualified. 388.173a D istrict b o ard ; at large members. [M .S .A . 1 5 .2 2 9 8 (3 a )] Sec. 3a. Effective January 1. 1971 there shall be 5 members on the boards of first class school districts elected at large. Members of such boards shall be nominated and elected at the primary and general elections of 1972 and 1974 for 3-year terms commencing on January 1 of the subsequent odd numbered year. 2 each to be elected in 1972 and 1974. In the year 1970 1 board member shall be elected in the November general election for a 3-year term commencing January 1, 1971 and candidates shall not be subject to the primary election. In 1970 a person may qualify as a candidate for the election for first class school district board member by filing nominating petitions containing not less than 500 nor more than 1.000 valid signatures on or before 4 p.m., August 18. 1970. Commencing in 1973 and in all subsequent odd numbered years, a number of board members equivalent to the number of members whose terms expire on December 31 of such year will be nominated and elected at the primary and general election. Such members so elected shall serve 2-year terms commencing on January 1 of the subsequent even numbered year. To accomplish the provisions of this amendatory act the terms of office of any first class district board members whose terms expire prior to December 31, 1971 shall expire December 31, 1970; the terms of office of such board members whose terms expire between January 1, 1972 and December 31, 1973 shall expire December 31. 1972 and the terms of office of such board members whose terms expire between January 1. 1974 and December 31, 1975 shall expire December 31, 1974. O ffic e rs ; recall p etitio n s; term of office. In any year in which one or more board members of a first class district are commencing a term of office on January 1 the hoard of such first class district shall redetermine its 56aa selection of officers during the month of January of such year. Petitions to recali any member or members of the board of education of a first class school district filed and pending before this act becomes effective, or becomes operative in a school district that hereafter becomes a first class school district, may be withdrawn by the person or organiza tion filing or sponsoring such recall petitions within 10 days after this act becomes effective or 20 days after the act becomes operative in any school district that hereafter becomes a first class school district. Board members of first class school districts who are recalled in accordance with law may be candidates for the same office at the next election for such office at which the recalled member is otherwise eligible. In the case of any school district that hereafter becomes a first class school district, the term of office of each of the board members then serving in such school district shall expire on the next succeeding December 31 of an odd numbered year, provided however that if the school district becomes a first class school district later than April 1 of an odd numbered year, the term of office of each of its board members shall expire on December 31 of the next succeeding odd numbered year later than the year in which the district became a first class school district. For any district becoming a first class district 5 school boaid members shall be elected in the general election of the odd numbered year in which such terms of office expire and the 5 school board members so elected shall commence 2-vear terms on January 1 of the even numbered year following such general election. V acancies. In case a vacancy occurs for any reason on the first class district board such vacancy shall be filled by majority vote of all persons serving as regional board and first class district board members at a meeting called by the president of the first class district board for such purpose. No vacancies shall be filled later than 60 days prior to a primary election at which first class district board members are to be nominated. Vacancies which shall occur prior to the effective date of this act or have occurred in 1970. shall be filled for a term ending December 31. 1972, in the same manner as provided in this section for the election of board members at large in the year 1970 and such positions shall then be filled in the primary and general election of 1972 for a 3-year term. In 1970 the candidate receiving the highest number of votes shall be elected for the 3-year term and the candidates receiving the next highest number of votes shall be elected for 2-year terms to fill vacancies. 388.174 Regional board, qualifications, residency. [M .S .A . 1 5 .2 2 9 8 (4 )] Sec. 4. A candidate for a regional board must be 21 years of age at the time of filing and must reside in the region in which he becomes a candidate. If his legal residence is moved.from the region during his term of office, it shall constitute a vacating of office. 388.175 D istrict board, pow ers. [M .S .A . 1 5 .2 2 9 8 (5 )] Sec. 5. The first class school district board shall retain all the powers and duties now possessed by a first class school district except for those given to a regional board under the provisions of this act and such other functions as are delegated to the regional boards by the first class school district board. 388.176 R egional board, pow ers. [M .S .A . 1 5 .2 2 9 8 (6 )] Sec. 6. Effective upon the commencement of its term of office, the regional board, subject to guidelines established by the first class district board, shall have the power to: (1) Employ a superintendent for the schools in the region from a list or lists of candidates submitted by the first class district board and to discharge any such regional superintendent. 57aa (2) Employ and discharge, assign and promote all teachers and other employees of the region and schools therein subject to review by the first class school district board, which may overrule, modify or affirm the action of the regional board. (3) Determine the curriculum, use of educational facilities and establishment of edu cational and testing programs in the region and schools therein. _ (4) Determine the budget for the region and schools therein based upon the allocation of funds received from the first class school district board. 388.177 Em ployee righ ts. [M .S .A . 1 5 .2 2 9 8 (7 )] Sec. 7. The rights of retirement, tenure, seniority and of any other benefits of any employee transferred to a region or schools therein from the first class district or trans ferred between regions shall not be abrogated, diminished or impaired. 388.178 D istrict board, functions. [M .S .A . 1 5 .2 2 9 8 (8 )] Sec. 8. The first class school district board shall perform the following functions for the regions and schools therein: (1) Central purchasing. (2) Payroll. (3 ) Contract negotiations for all employees, subject to the provisions of Act No. 336 of the Public Acts of 1947, as amended, being sections 423.201 to 423.216 of the Compiled Laws of 1948, and subject to any bargaining certification and to the provisions of any collective bargaining agreement pertaining to affected employees. (4 ) Property management and maintenance. (5 ) Bonding. (6) Special education programs. (7) Allocation of funds for capital outlay and operations for each region and schools therein. (8) Establish or modify guidelines for the implementation of the provisions of section 6. Such guidelines shall include but not be limited to the determination and specifi cation of each regional board’s jurisdiction and may provide for regional board’s jurisdiction over schools not geographically located within their respective regions. 388.179 F a cilitie s and accom m odations, selectio n ; em ployees. [M .S .A . 1 5 .2 2 9 8 (9 )] Sec. 9. Facilities and accommodations provided by the first class school district board for regional boards shall be selected with due consideration for accessibility, economy and utilization of existing facilities. Employees assigned by the first class school district board to regional boards at the time of commencement of their functions shall be drawn, to the extent feasible, from persons employed at such time by the first class school district. 388.180 B oard members, com pensation. [M .S .A . 1 5 .2 2 9 8 (1 0 )] Sec. 10. Regional board members shall be paid a per diem allowance of $20.00 for each meeting of their board attended and first class district board members shall be paid a per diem allowance of $30.00 for each meeting of their board attended, but in neither case shall such payments be for meetings in excess of 52 meetings per annum. The chairman of each regional board shall be paid for up to 52 regional board meetings attended and up to 52 first class district board meetings attended. 388.181 In itiative and referendum . [M .S .A . 1 5 .2 2 9 8 (1 1 )] Sec. 11. First class school districts with 100.000 student membership or more shall have the same rights for initiative petition and referendum now granted by law to second and third class districts. 58aa 388.182 A ttendance provisions, im plem entation ; conditions. [M .S .A . 1 5 .2 2 9 8 (1 2 )] Sec. 12. The implementation of any attendance provisions for the 1970-71 school year determined by any first class school district board shall be delayed pending the date of commencement of functions by the first class school district boards established under the provisions of this amendatory act but such provision shall not impair the right of any such board to determine and implement prior to such date such changes in attendance provisions as are mandated by practical necessity. In reviewing, confirming, establishing or modifying attendance provisions the first class school district boards established under the provisions of this amendatory act shall have a policy of open enrollment and shall enable students to attend a school of preference but providing priority acceptance, insofar as practicable, in cases of insufficient school capacity, to those students residing nearest the school and to those students desiring to attend the school for participation in vocation ally oriented courses or other specialized curriculum. 388.183 Severability . [M .S .A . 1 5 .2 2 9 8 (1 3 )] Sec. 13. If any portion of this act or the application thereof to any person or cir cumstance shall be found to be invalid by a court, such invalidity shall not affect the re maining portions or applications of this act which can be given effect without the invalid portion or application, and to this end this act is declared to be severable. Repeal. Section 2. Sections 1, 2 and 3 of Act No. 244 of the Public Acts of 1969, being sections 388.171, 388.172 and 388.173 of the Compiled Laws of 1948, are repealed. Act 289, 1964, p. 584; Eff. Aug. 28. AN ACT to provide for the study and development of plans for the reorganization of school districts and for elections to accomplish same; to provide for the creation of state and intermediate reorganization committees; to prescribe their powers and duties; to provide for hearings and elections on reorganization plans; and to prescribe the powers and duties of the superintendent of public instruction. The P eople o f the State o f Michigan enact: 388.681 Reorganization of school districts; definitions. Sec. 1. As used in this act: (a) Reorganization of school districts” means the formation of new school districts, the alteration of boundaries of established school districts, and the dissolution or disor ganization of established school districts through or by means of any one or combina tion of the methods as set forth in this act. 59aa (b) “State committee” means the state committee for the reorganization of school districts created in this act. (c) “Intermediate committee” means the committee for the reorganization of school districts created in this act. (d) “Plan of reorganization” means a concrete proposal for readjustment and rea lignment of the boundaries of school districts within an intermediate school district area. (e) “Non-high school district” means a school district presently operating less than a kindergarten through twelfth grade program. (f) “School code” means Act No. 269 of the Public Acts of 1955, as amended, being sections 340.1 to 340.984 of the Compiled Laws of 1948. HISTORY: New 1964, p. 584, Act 289, EH. Aug. 28. CITED IN OTHER SECTIONS: Sections 385.681 to 388.693 are cited in §§ 340.352a and 388.711. 388.682 State committee for reorganization of school districts; appoint ments, distribution; vacancies, com pensation. Sec. 2. There is created, for the term of time necessary to complete the require ments of this act, a state committee for the reorganization of school districts, ap pointed by the governor, and composed of 7 members, at least 1 of whom shall repre sent the Upper Peninsula, 1 the area above the Bay City-Muskegon line, and 5 shall be appointed in such manner as to represent fairly the remainder of the state. The super intendent of public instruction shall be the nonvoting chairman of the committee. Va cancies shall be filled by appointment of the governor. Members of the state commit tee shall serve without compensation. The members of the committee shall be appointed within 60 days after the effective date of this act. HISTORY: New 1964, p 585, Act 289, EH. Aug. 28. 388.683 State reorganization com m ittee; officers, records, m eetings, quo rum. Sec. 3. Within 90 days after the effective date of this act, the state committee shall organize by electing a vice-chairman and a secretary. The vice-chairman shall act as chairman at the request of the superintendent of public instruction. The secretary shall keep the records of official committee meetings and prepare and distribute mate rials as requested by the state committee. Meetings of the committee shall be held upon the call of the chairman or any 3 of the members thereof. Five members, which may include the superintendent of public instruction, constitute a quorum. HISTORY: New 1964, p. 585. Act 289, EH. Aug. 28. 388.684 School district reorganization program ; surveys, approval of pro posals, reports. Sec. 4, The state committee shall: (a) Within 12 months after the effective date of this act, develop policies, principles and procedures for a statewide school district reorganization program planned so that all areas may become part of a school district operating or designed to operate at least 12 grades. In no case can an intermediate district committee plan be submitted under this act which would require the merger of 2 or more school districts of the third class nr higher. There shall be created no less than 500 school districts operating 12 grades. (h) Direct area surveys and develop a manual of procedure to be printed and dis tributed to all intermediate district superintendents of schools. 60aa (c) Perform either by itself or by its authorized representative any or all of the duties required by this act to be performed by the intermediate school district superintend- cnk> t,le intermediate district board of education, the intermediate district committee, nr the probate judge or judges, in case of failure by any or all of them to perform these (d) Review and approve or reject intermediate district plans within 60 days after re ceipt of plans from the intermediate district committees. (e) Report to each intermediate district the acceptance or rejection of the proposed plans with recommendations for changes. (f) Present a progress report on reorganization under this act to the state legislature on or before March 1 of each year. HISTORY: New 1964, p. 585, Act 289, EH. Aug. 28. 388 .685 Interm ediate district com m ittee for reorganization of school dis tricts; m em bership, election, vacancies, organization. Sec. 5. (1) A committee shall be organized in each intermediate district in the state to be known as the intermediate district committee for the reorganization of school districts. The intermediate district superintendent of schools shall be nonvoting chair man of the intermediate district committee, and he shall preside over all meetings of the intermediate district committee. The intermediate district committee shall com plete the requirements of this act and comply with the requests made by the state committee. There shall be 18 members on the intermediate district committee each of whom shall be a registered resident elector. In intermediate districts containing no district operating 12 grades or more and in intermediate districts containing no non-high school districts the committee shall consist of 13 members. (2) Members of the intermediate district committee shall be chosen as follows: (a) The intermediate board of education shall appoint 3 of its members to serve on the committee. (b) The intermediate district superintendent of schools, by notice sent by mail, shall call a meeting of the boards of education of all school districts operating a program of 12 grades or more in the intermediate district. The meeting shall be held at some con venient place within the intermediate district within 60 days after the effective date of this act. The intermediate district superintendent shall act as chairman of this meet ing, and the board members shall elect by ballot 5 persons to serve on the intermediate district committee not more than 2 of whom shall be from any one constituent district, unless there are fewer districts than there are positions to fill. The 5 persons receiving the highest number of votes shall be declared elected. No person may be elected to or serve on the committee who is an employee of any constituent school district or of the intermediate school district. The chairman shall appoint 3 or more tellers to conduct the election and to canvass the vote. Whenever not more than 2 of the 5 members fail to serve on the committee, the remaining members shall fill the vacancy from the same constituent district in which the vacancy occurs. Whenever 3 or more vacancies occur at the same time, the vacancies shall be filled in the same manner as the original committee members were elected. 61aa (c) The intermediate district superintendent of schools, by notice sent bv mail, shall call a meeting of the boards of education of all school districts operating less than a twelve-grade program in the intermediate district. The meeting shall be held at some convenient place within the intermediate district within 60 days after the effective date of this act. The intermediate district superintendent shall act as chairman of this meeting, and the board members shall elect by ballot 5 persons to serve on the inter mediate district committee not more than 2 of whom shall be from any one constitu ent district, unless there are fewer districts than there are positions to be filled. The 5 persons receiving the highest number of votes shall be declared elected. No person may be elected to or serve on the committee who is an employee of any constituent school district or of the intermediate school district. The chairman shall appoint 3 or more tellers to conduct the election and to canvass the vote. Whenever not more than 2 of the 5 members fail to serve on the committee, the remaining members shall fill the vacancy from the same constituent district in which the vacancy occurs. When ever 3 or more vacancies occur at the same time, the vacancies shall be filled in the same manner as the original committee members were elected. (d) The intermediate district superintendent of schools, by notice sent by letter, shall notify the probate judge of the area, who, within 60 days after the effective date of this act, shall appoint 5 members to the committee fairly representing all areas of the intermediate district. The qualifications of these members shall be the same as those of the other members of the committee. The probate judge shall fill all vacancies that may occur among his appointees. In any intermediate district where there are 2 or more probate judges the judges acting jointly shall make the appointments. (3) Organization of the intermediate district committee shall be completed in each district within 6 months after the effective date of this act. If an intermediate district committee has not been organized within 6 months, the state committee shall appoint the members within 60 days thereafter. In which event the same limitations shall ap ply as provided in this section. HISTORY: New 1964, p. 585, Act 289, Eff. Aug. 28. 388 .686 Interm ediate district reorganization com mittee; m eetings, re cords, district reorganization plan, hearings, approval, revision, dissolu tion of committee. Sec. 6. Each intermediate district committee shall elect a secretary who shall keep the minutes and records of all official meetings. Meetings shall be held upon the call of the chairman or any 3 members of the committee. A majority of the committee shall constitute a quorum. The intermediate district committee shall follow the procedure guide provided by the state committee and prepare a district reorganization plan, which shall be submitted to the state committee for its approval or disapproval. The plan shall provide for the reorganization of school districts within the intermediate dis trict so that all areas of the district may become a part of a school district operating or designed to operate at least 12 grades. The intermediate district committee shall hold at least 1 public hearing regarding the plan but may hold as many more as it deems necessary. Hearings shall be advertised bv publication at least once in a newspaper of general circulation in the districts 10 days or more before the scheduled hearing. The intermediate district plan for reorganization shall be submitted to the state committee 62aa ior its consideration within 9 months after receiving the manual of procedure from the state committee. If the intermediate district plan is approved by the state committee, the plan shall be submitted to the electors as provided in section 7 of this act. If an in termediate district plan is rejected by the state committee, a revised plan shall be sub mitted by the intermediate district committee within 90 days after receipt of the rejec tion of the original plan. If the revised plan is not accepted by the state committee, the state committee shall submit a plan for the reorganization of the school districts in the intermediate school district and the intermediate committee shall also submit a plan for the reorganization of the school districts in the intermediate school district. The in termediate school district board shall submit both plans to the electors of the interme diate school district and the plan receiving the larger number of votes shall be submit ted to the qualified electors of the intermediate school district in accordance with the requirements of method 2 provided in section 7 of this act. Following this election, the intermediate committee shall be dissolved and the requirements of this act shall have been met and no further plans shall be re-submitted for 5 years by either the state committee or the intermediate district. The intermediate district committee shall also be dissolved on completion and acceptance of the plan by the state committee and the vote or votes on the plan by the electors of the proposed school district.. HISTORY: New 1964, p. 586, Act 289, EH. Aug. 28. 3 88 .6 87 Optional election m ethods for adoption of reorganization plans; conduct. Sec, 7. Not less than 90 days nor more than 6 months following approval of an inter mediate district plan as provided in section 6 of this act elections shall be held accord ing to one of 2 methods. The intermediate district committee shall determine which election method shall be used. Method 1. The entire area encompassed by the intermediate district plan shall vote as a unit on the question: “Shall the approved reorganization plan for th e ............ in termediate district be adopted? Yes ( ) No ( r If a majority of the qualified electors present and voting approve the plan it shall be declared adopted and shall become effective throughout the area on the date of the election if the election is held after April 30 but before September 1. The effective date shall be July 1 following if the election is held after August 31 but before May 1. Method 2. The proposed districts provided for in the approved plan shall vote by proposed districts on the question: “Shall the approved reorganization plan for a pro posed local district...........within the intermediate district o f .......... be adopted? Yes ( ) No ( )” If a majority of the qualified electors present and voting in a proposed district ap prove the plan for that proposed district it shall be declared adopted and shall become effective throughout the proposed district on the date of the election if the election is held after April 30 but before September 1. The effective date shall be July 1 follow ing if the election is held after August 31 but before May 1. 63aa If election method number 1 is adopted by the intermediate district committee and if the question voted on fails to obtain an affirmative majority, then another election using method number 2 shall be held not less than 90 days nor more than 6 months after the date of the first election. The results of this election using method number 2 shall be final and the requirements of this act shall have been met. If the intermediate district plan provides that the boundaries of an existing school district shall remain the same such district shall not participate in an election held un der either method number 1 or method number 2. If the election is held under method number 1, the plan to be voted on shall not cause an existing school district to be divided between 2 intermediate districts but property transfers may be made later according to the provisions of chapter 5, part 2 of the school code. The plan may provide for division of districts within an intermedi ate district. If and when voting method number 2 is used, the plan shall not cause an existing school district to be divided between 2 proposed local districts within the intermediate unit but property transfers may be made later according to chapter 5, part 2 of the school code. No property transfers shall be made after the approval of the intermediate district plan by the state committee until after the elections provided for in this section have been held. The question of assumption of bonded indebtedness shall not be included in any election held under the provisions of this act but the provisions of sections 412 and 413 of the school code regarding assumption of debt shall apply. The qualifications of electors shall be the same as now provided in the statutes for votes on consolidation and annexation and the provisions of the general election laws shall apply. The board of education of the intermediate school district shall conduct the election or elections provided for in this section according to the general election laws and ac cording to chapters 7 and 8 of part 2 of the school code. HISTORY: New 1964, p. 587, Act 289, Eff. Aug. 28. 388.688 Classification of districts form ed. Sec. 8. Districts formed under the provisions of this act shall be classified as second, third or fourth class districts depending upon the school census as provided for in chapters 3, 4 and 5, part 1 of the school code. HISTORY: New 1964, p. 588, Act 289, Eff. Aug. 28. 388.689 Consolidation, annexation or division of districts. Sec. 9. After the effective date of this act, the superintendent of public instruction, when requested to approve a consolidation, annexation or division of a district, shall give careful consideration to the progress of the implementation of the requirements of this act. HISTORY: New 1964, p. 588, Act 289, Eff. Aug. 28. 64aa 388 .690 School aid; apportionm ent. Sec. 10. School districts formed under the provisions of this act shall be entitled to and receive financial aid from the state in the manner provided by legislative appro priation for school aid purposes except that the apportionments of state aid due any school district formed under this act in the 2 fiscal years next following reorganization shall not be less than the aggregate of state aid which would have been due propor tionately to the component districts prior to the reorganization. It shall be the duty of the superintendent of public instruction in making apportionments of state aid to ad just the amount of state aid due each such school district accordingly. HISTORY: New 1964, p. 585, Act 259, Kff. Aug. 28. 388.691 Board of education of new ly-form ed district. Sec. 11. Where the proposed district involves expansion of the boundaries of an ex isting twelve-grade district bv addition of non-twelve-grade territory the board of edu cation of the twelve-grade district shall continue as the board of the enlarged district. Where the proposed district involves the merger of 2 or more twelve-grade districts with or without the addition of non-twelve-grade territory, or where the proposed dis trict involves merger of non-twelve-grade districts into a new twelve-grade district a board of education fairly representing all areas of the new district shall be appointed by the intermediate district board to serve until a new board is elected as provided in section 410 of the school code. HISTORY: New 1964, p. 588, Act 289, Eff. Aug. 28. 388.692 Board of education of district losing identity; records, property. Sec. 12. The boards of education of any district which lose identity shall turn over their books, records, funds and property to the new board within 10 days after the ef fective date of the reorganization. If any existing district is divided, the intermediate district board, or boards, shall specify the division of assets and liabilities. HISTORY: New 1964, p. 589, Act 289, Eff. Aug. 28. 388 .693 Final report; term ination of act. Sec. 13. The state commission shall make a final report to the state legislature on or before September 1, 1968, and this act shall expire on the date of filing the final re port. HISTORY: New 1964, p. 589, Act 289, Eff. Aug. 28. Act 239, 1967, p. 352; Imd. Eff. Jul. 12. AN ACT to provide recognition of a state of emergency in certain school districts in the state; to provide for continuance of the state committee on reorganization of school districts; and to provide certain powers and duties of the state board of educa tion in connection therewith. 65aa The P eople o f the State o f Michigan enact: 388.711 Reorganization of school districts; determ ination of em ergency. Sec. 1. The state committee for the reorganization of school districts, created by Act No. 289 of the Public Acts of 1964, being sections 388.681 to 388.693 of the Compiled Laws of 1948 shall detennine the existence of an emergency warranting immediate re organization within any primary school district or school district of the fourth class not reorganized under the provisions of Act No. 289 of the Public Acts of 1964. HISTORY: New 1967, p. 352, Act 239, Imd. EH. Jul. 12. CITED IN OTHER SECTIONS: Sections 388.711 to 388.720a are cited in § 388.628a. 388 .712 Em ergency school district; reorganization; applicability; determ i nation of em ergency. Sec. 2. This act applies only to school districts lying wholly in, or the major part of the territory of which lies wholly in, a county having a population of more than 1,000,- 000. The board of education or 5% of the school electors, but not less than 5 electors in a primary school district or less than 25 electors in a school district of the fourth class, of any primary school district or school district of the fourth class not reorganized un der the provisions of Act No. 289 of the Public Acts of 1964, may petition the state board of education to determine if an emergency warranting immediate reorganiza tion exists within the district. HISTORY: New 1967, p. 352, Act 239, Imd. EH. Jul. 12;—Am. 1968, p. 192, Act 130, Imd. EH. Jun. 11. 388.713 Determ ination of em ergency; hearing. Sec. 3. Upon receipt of the petition, the state committee shall conduct, or cause to be conducted, an impartial study to determine if an emergency exists. Within 20 days following publication of the results of the study, a member of the state committee, or the secretary designated by the committee, shall hold a hearing in the district. Notice of the time and place of the hearing shall be given the voters of the district and the su perintendent of the intermediate school district to which the district is constituent. HISTORY: New 1967, p. 352, Act 239, Imd. EH. Jul. 12. 388.714 Reorganization com m ittee; findings/ contents. Sec. 4. Within 20 days following receipt of a transcript of the hearing, the state committee shall make a finding relative to the existence of a condition or conditions warranting immediate reorganization of the district. The finding shall include consid eration of the adequacy of the district to provide the following: (a) An educational program meeting standards established by the state department of education or by accrediting agencies. (b) A physical plant which can contain an acceptable school program. (c) Transportation for students. (d) Necessary tax base. (e) Pupil services, administrative and teaching staff, and auxiliary services in compli ance vath rules prescribed by the department of education. HISTORY: New 1967, p. 353, Act 239, Imd. EH. Jul. 12. 66aa 388.715 Need for im m ediate reorganization; report and recom m enda tions. Sec. 5. Upon a finding by the state committee that conditions in a school district warrant immediate reorganization, the state committee shall transmit its report with recommendations to the state board of education. HISTORY: New 1967. p. 353, Act 239, Imd Eff. Jul. 12. 388 .716 State com mittee report and recom m endations; publication; filing of objections and recom m endations; determ ination of state board. Sec. 6. The state board of education shall publish the report and recommendations of the state committee and shall invite objections or comments to be filed with it within 20 days following publication of the report. The state board then shall consider the report of the state committee, together with the comments and objections filed, and make a determination as to endorsement of die finding of die state committee. HISTORY: New 1967, p. 353, Act 239, Imd. Eff. Jul. 12. 3 88 .717 Attachm ent of territory by annexation ; effective date; finality; conclusiveness. Sec. 7. The state board of education, upon the finding that an emergency warrants immediate reorganization of a school district, shall attach' the district by annexation or division to such other district or districts as will provide the most equitable educa tional opportunity for all of the students of the reorganized district and shall deter mine the effective date of attachment. Action of the state board of education shall be final. For the 4 fiscal years immediately subsequent to the annexation, the receiving district may elect to compute and receive state aid for that portion of the district an nexed based upon the per pupil state equalized valuation of the annexed portion. HISTORY: New 1967, p. 353. Act 239, Imd. Eff. Jul. 12:—Am. 1968, p. 193, Act 130, Imd. Eff. Jun. 11. 388.71 8 Reorganized school district; bonded indebtedness, levy of taxes. Sec. 8. If a district attached under the provisions of this act at the time of reorgan ization, has a bonded indebtedness incurred after December 8, 1932, its identity shall not be lost and its territory shall remain as an assessing unit for purposes of such bonded indebtedness until the indebtedness has been retired or the outstanding bonds refunded by the reorganized district. The board of the reorganized district, or the board of the district which has succeeded to the largest share of the state equalized valuation of the attached district, shall constitute the board of trustees for the original- district having bonded indebtedness and the officers of the reorganized or successor district shall be the officers for the original district. The board of the reorganized or successor district shall certify and order the levy of taxes for the bonded indebtedness in the name of the original district, shall not commingle the debt retirement funds of the original district with funds of the reorganized or successor district and shall do all things relative to such bonded indebtedness required by law and bv the terms under which the issue and sale of the bonds were originallv authorized. All other tax levies for purposes of the reorganized district shall be spread over the entire area of the reor ganized district. HISTORY: New 1967, p. 353, Act 239, Iind. EH. Jul. 12. 67aa 3 88 .719 Reorganized school district; assum ption of bonded indebtedness of original school district; effect; certification, levy of taxe s; election. Sec. 9. Any time after 3 years following reorganization, the reorganized district, or that district which has succeeded to the largest share of the attached district’s state equalized valuation, may assume the obligation of the bonded indebtedness incurred after December 8, 1932, of the original district which has become a part of the reor ganization and pay the same from the proceeds of a debt retirement tax levy spread uniformly over the territory of the reorganized or successor district whenever the elec tors of the reorganized or successor district shall have approved an increase in the lim itation on taxes for that purpose and the school tax electors of the district have ap proved the assumption of such bonded indebtedness. Assumption of the bonded indebtedness of an original school district shall not release the territory of the original district from the final responsibility of paying the obligation or rescind the increase in. the limitation on taxes pledged to the bond issue or available to it in the original dis trict, nor be construed as so doing. When the bonded indebtedness of an original dis trict has been so assumed, the board of the reorganized or successor district shall cer tify and order the levy of taxes for the bonded indebtedness equivalent in terms of money to those required by the terms under which the indebtedness was originally in curred and carry out all provisions of the original bond contract. The election to as sume the bonded indebtedness of an attached district may be held at any time after 3 years following the effective date of reorganization when a proposal is placed before the school tax electors to increase the bonded indebtedness of the combined district. HISTORY: New 1967, p. 354, Act 239, Imd. EH. Jul. 12. 3 88 .720 Petitions for em ergency reorganization; interm ediate district su perintendent to furnish; form ; who m ay sign; circulation signatures. Sec. 10. The intermediate district superintendent upon request shall furnish any school district with petitions. The petitions shall be printed or duplicated and the first page shall be in the following form: Petition no................................... consisting o f ................................ pages. (Signed) ................................................... -............................... Superintendent of intermediate district o f ......................................... To the state committee on reorganization of school districts, Lansing, Michigan. We, the undersigned, qualified (here insert “registered” in the case of a registration district) electors o f ........................................... ............... .............................................................. . (name of school district) declare that in the following school district there does exist an emergency calling for immediate reorganization, and we do call upon the state board of education to re organize the district: Name of school district to be reorganized to be listed h ere ........................................... Signatures of petitioners Name Address Date of signing Each additional page of any such petition shall have at or near the top of the page the following: 68aa Official petition No................................... Page no.................. ................ Signature of intermediate district superintendent ........................................................... Each page shall have printed or duplicated the following statement below the space for signature for petitioners: The undersigned certifies that he is a qualified (here insert “registered” in the case of a registration district) elector o f ............................... ............................................................. (name of school district) and that each signature appearing on this page is the genuine signature of the person signing the same and that to his best knowledge and belief each such person was at the time of signing a qualified (here insert “registered” in the case of a registration district) elector of the school district. Dated th is ............................ dav o f ............................................. ......... 19............... Each petition shall be signed by the intermediate district superintendent as indi cated in the foregoing form before being issued to any person for circulation. Only qualified school electors of the districts in which signatures to the petitions are being sought shall circulate such petitions and the statement appearing below the sig natures of petitioners shall be dated or signed on each page before returning to the state committee. HISTORY: New 1967, p 354, Act 239, Imd. Eff. Jul. 12. 3 8 8 .7 2 0 a State committee on reorganization of school districts; continua tion. Sec. 10a. The state committee on reorganization of school districts shall continue in existence for purposes of this act, notwithstanding any expiration date otherwise pro vided by law. HISTORY: Add. 1968, p. 193, Act 130, Imd. Eff. Jun. 11. 3 8 8 .7 2 1 Repealed. 1 9 6 8 , p. 19 3 , Act 130, Imd. Eff. Jun. 11. Section related to termination of school aid act Julv 1, 1968. 3 88 .7 3 1 Repealed. 19 5 5 , p. 597, Act 269 , Eff. Jul. 1. Stc ti n provided for payment of certain school bonds where a portion of district has been annexed to citv school district with population of £50,000 or over. PUBLIC ACTS 1937—No. 306. Public or private school buildings; construction regulations and require ments. Section 1. No school building, public or private, or additions thereto, shall hereafter be erected in the state of Michigan except it be in conformity with the following provisions of this ac t: 1. This act shall apply to school buildings having more than one story. If it shall be designed for class rooms in the basement, then the basement shall be considered as one floor. School gymnasiums, school cafeterias, school auditoriums and school places of assembly shall be specifically included under the provisions of this act. 69aa 2. All plans and specifications, for buildings under the scope of this act, shall be prepared by, and the construction supervised by, an architect or engineer who is registered in the state of Michigan. 3. All walls, floors, partitions and roofs shall be constructed of fire-resist ing materials such as stone, brick, tile, concrete, gypsum, steel or similar fire- resisting materials. All steel members shall be protected by at least three- fourths of an inch of fire-resisting material. 4. No wood lath or wood furring shall be used. However, these regula tions shall not be construed as prohibiting the use of wood flooring on masonry sub-floors, or the use of wood sleepers, wood cabinets, or wood trim. 5. Every room enclosing a heating unit shall be enclosed by walls of fire- resisting materials and shall be equipped with automatically-closing fire- doors; and said heating unit shall not be located directly beneath a class room: Provided further, That in any school where natural gas or any other kind of gas shall be used for heating purposes said gas shall be chemically treated before being used in such a manner as to give a very distinguishable odor if any leak should develop in the heating system. 6. In gymnasiums, fire proofings may be omitted from the trusses and purlins if they are more than sixteen feet off the main floor level; also, from the steel supports of the running track. The running track shall be con structed of wood not less than two inches thick. I t shall be the duty of the architect or engineer to provide adequate exits. In all cases there shall be at least two stairways and the distance from the door of any class or as sembly room to a stairway or exit shall not exceed one hundred feet. § 1 / as amended by 1949 PA 231 388.851 Public or private school buildings; construction requirements. [M.S.A. 15.1961] Sec. 1. No school building, public or private, or additions thereto, shall hereafter be erected, remodeled or reconstructed in the state of Michigan except it be in conformity with the following provisions: (a) All plans and specifications for buildings shall be prepared by, and the construction supervised by, an architect or engineer who is registered in the state of Michigan. Before the construction, reconstruction or remodeling of any school building or addition thereto is commenced, the written approval of the plans and specifications by the superintendent of public instruction or his authorized agent shall be obtained. In the approval of plans and specifications the superintendent of public instruction or his authorized agent shall con sider in addition to the considerations otherwise mentioned in this act the following fac tors : (1) The adequacy and location of the site, (2) The educational usefulness of the building. (3) The provisions for health and safety. The superintendent of public instruction shall publish an informative bulletin wdiich shall set forth good school building planning procedures and interpret clearly the provisions of this act. 70aa (b) All walls, floors, partitions and roofs shall be constructed of fire-resisting materials such as stone, brick, tile, concrete, gypsum, steel or similar fire-resisting materials. All steel members shall be protected by at least 34 0f an inch of fire-resisting material. (c) No wood lath or wood furring shall be used: Provided, however, That these regula tions shall not be construed as prohibiting the use of finished wood flooring, wood door and window frames, wood sash or wood furring and grounds, for the purpose of installing wood trim, panelling, acoustical units or similar facing materials on masonry walls, struc tural steel or concrete ceiling members. (d) Every room enclosing a heating unit shall be enclosed by walls or fire-resisting materials and shall be equipped with automatically closing fire doors; and said heating unit shall not be located directly beneath any portion of a school building or addition thereto which is constructed or reconstructed after the effective date of this act: Provided. That this regulation shall not be construed to require the removal of an existing heating plant from beneath an existing building when an addition to such building is constructed unle>> the state superintendent of public instruction or his authorized agent, acting jointly with the state fire marshal, shall so require in the interests of public safety: Provided further, That in any school where natural gas or any other kind of gas shall be used for heating purposes said gas shall be chemically treated before being used in such a manner as to give a very distinguishable odor if any leak should develop in the heating system. (e) In gymnasiums, fire-proofings may be omitted from the trusses and purlins if they are more than 16 feet off the main floor level. It shall be the duty of the architect or engineer to provide adequate exits from all parts of school buildings. In all cases there shall be at least 2 stairways and the distance from the door of any class or assembly room to a stairway or exit shall not exceed 100 feet. § 1 , as amended by 1962 PA 175 388.851 ‘ Public or private school buildings; con stru ction requirem ents, w aiver. [M .S .A . 15.1961] Sec. 1. No school building, public or private, or additions thereto, shall hereafter be erected, remodeled or reconstructed in the state of Michigan except it be in conformity with the following provisions: (a) All plans and specifications for buildings shall be prepared by, and the construc tion supervised by, an architect or engineer who is registered in the state of Michigan. Before the construction, reconstruction or remodeling of any school building or addition thereto is commenced, the written approval of the plans and specifications by the super intendent of public instruction or his authorized agent shall be obtained. The superintendent of public instruction or his authorized agent shall not issue such approval until he has secured in writing the approval of the state fire marshal relative to factors concerning fire safety and of the health department having jurisdiciton relative to factors affecting water supply, sanitation and food handling. The superintendent of public instruction shall publish an informative bulletin which shall set forth good school building planning procedures and interpret clearly the provisions of this act. The bulletin shall be prepared in cooperation with the state fire marshal and the state health commissioner and, insofar as requirements for approval of plans are con cerned, shall be consistent with recognized good practice as evidenced by standards adopted by nationally recognized authorities in the fields of fire protection and health. 71aa (b) Ail walls, floors, partitions and roofs shall be constructed of fire-resisting mate rials such as stone, brick, tile, concrete, gypsum, steel or similar fire-resisting material. All steel members shall be protected by at least ^ of an inch of fire-resisting material. (c) No wood lath or wood furring shall be used: Provided, however, That these regulations shall not be construed as prohibiting the use of finished wood flooring, wood door and window frames, wood sash or wood furring and grounds, for the purpose of installing wood trim, panelling, acoustical units or similar facing materials on masonry walls, structural steel or concrete ceiling members. (d) Every room enclosing a heating unit shall be enclosed by walls or fire-resisting materials and shall be equipped with automatically closing fire doors; and said heating unit shall not be located directly beneath any portion of a school building or addition thereto which is constructed or reconstructed after the effective date of this act: Provided, That this regulation shall not be construed to require the removal of an existing heating plant from beneath an existing building when an addition to such building is constructed unless the state superintendent of public instruction or his authorized agent, acting jointly with the state fire marshal, shall so require in the interests of public safety: Provided further, That in any school where natural gas or any other kind of gas shall be used for heating purposes said gas shall be chemically treated before being used in such a manner as to give a very distinguishable odor if any leak should develop in the heating system. (e) In gymnasiums, fire-proofings may be omitted from the trusses and purlins if they are more than 16 feet off the main floor level. It shall be the duty of the architect or engineer to provide adequate exits from all parts of school buildings. In all cases there shall be at least 2 stairways and the distance from the door of any class or assembly room to a stairway or exit shall not exceed 100 feet. (f) Provisions in subsections (b) through (e) may be waived in writing by the state fire marshal. § 1 / as l a s t amended by 1968 PA 239 388.851 School buildings; construction requirem ents; w aiver. Sec. 1. No school building, public or private, or additions thereto, shall be erected, remodeled or reconstructed in the state except it be in conformity with the following provisions: (a) All plans and specifications for buildings shall be prepared by, and the construc tion supervised by, an architect or engineer who is registered in the state of Michigan. Before the construction, reconstruction or remodeling of any school building or addi tion thereto is commenced, the written approval of the plans and specifications by the superintendent of public instruction or his authorized agent shall be obtained. The su perintendent of public instruction or his authorized agent shall not issue such approval until he has secured in writing the approval of the state fire marshal, or the appropri ate municipal official when certification as described in section 3 has been made, rela tive to factors concerning fire safety and of the health department having jurisdiction relative to factors affecting water supply, sanitation and food handling. The superintendent of public instruction shall publish an informative bulletin which shall set forth good school building planning procedures and interpret clearly the pro visions of this act. The bulletin shall be prepared in cooperation with the state fire marshal and the state health commissioner and, insofar as requirements for approval of plans are concerned, shall be consistent with recognized good practice as evidenced by standards adopted by nationally recognized authorities in the fields of fire protec tion and health. (b) All walls, floors, partitions and roofs shall be constructed of fire-resisting materi als such as stone, brick, tile, concrete, gypsum, steel or similar fire-resisting material. 72aa All steel members shall be protected by at least 3/4 of an inch of fire-resisting mate rial. (c) No wood lath or wood furring shall be used. These regulations shall not be con strued as prohibiting the use of finished wood flooring, wood door and window frames, wood sash or wood furring and grounds, for the purpose of installing wood trim, pa nelling, acoustical units or similar facing materials on masonry walls, structural steel or concrete ceiling members. (d) Every room enclosing a heating unit shall be enclosed bv walls of fire-resisting materials and shall be equipped with automatically closing fire doors; and said heating unit shall not be located directly beneath any portion of a school building or addition thereto which is constructed or reconstructed after the effective date of this act. This regulation shall not be construed to require the removal of an existing heating plant from beneath an existing building when an addition to such building is constructed un less the state superintendent of public instruction or his authorized agent, acting jointly with the state fire marshal, shall so require in the interests of the public safety. In any school where natural gas or any other kind of gas is used for heating purposes, the gas shall be chemically treated before being used in such a manner as to give a very distinguishable odor if any leak should develop in the heating system. (e) In gymnasiums, fire-proofings may be omitted from the trusses and purlins if they are more than 16 feet off the main floor level. The architect or engineer shall pro vide adequate exits from all parts of school buildings. In all cases there shall be at least 2 stairways and the distance from the door of any class or assembly room to a stairway or exit shall not exceed 100 feet. (f) Provisions in subdivisions (b) to (e) may be waived in writing by the state fire marshal. HISTORY: Am. 1941, p. 192, Act US, Eff. Jan. 10, 1942;—Cl, 1948, .388.551;— Am. 1949, p. 280, Act 231, Imd. Eff. May 31;—Am. 1902, p. 375, Act 175, Imd. Eff. May 17.— An. 196S, p. 366, Act 239, Eff. Sep. 1. CITED IN OTHER SECTIONS: The above section is cited in } 29.3c. PUBLIC ACTS 1957—No. 312. 388.644 U ses of state aid; violations, audits, rep orts , public inspection. [M .S .A . 15 . 19 1 9 (8 4 ) ] Sec. 34. Except as provided in sections 3 to 6, inclusive, each school district shall apply the moneys received by it under the terms of this act on salaries of teachers, and other employees, on tuition, on transportation, lighting, heating and ventilation and water service and on the purchase of textbooks and other supplies: Provided, That an amount equal to not more than 5% of the total amount received by any school district under sec tions 8 et seq. of this act may be expended by the board of education of said district for capital costs or debt service for debts contracted after December 8, 1932; and no part of said money shall be applied or taken for any purpose whatsoever except as above provided. The superintendent of public instruction shall determine the reasonableness of such expendi tures and may withhold from any school district which violates the provisions of this sec tion. the apportionment otherwise due such school district under this act for the fiscal 73aa year following the discovery by said superintendent cf public instruction of such violation or violations by said school district. For the purpose of determining the reasonableness of such expenditures and whether any violation of the provisions of this act has occurred, the superintendent of public instruction shall require that school districts have audits of their financial and child accounting records at least once every 3 years at the expense of said districts by certified public accountants or by county school superintendents, as may be required by the superintendent of public instruction, or in the case of school districts of the first class by a certified public accountant, the county school superintendent or the auditor general of the city. Such audits shall be for such period or periods as the superin tendent of public instruction shall specify, and shall be subject to such regulations as the superintendent, in consultation with the auditor general of the state may prescribe. Copies of the reports of such audits shall be filed as required by the superintendent of public instruction and shall be available at all reasonable times for public inspection. 1957 PA 312 was r e p e a l e d by 1972 PA 2 5 8 , § 1 7 9 . § 18 o f 1972 PA 258 i s t h e p r e s e n t e q u i v a l e n t o f 1957 PA 3 1 2 , § 3 4 . 388.1118 Uses of state aid; violations; audits; inspection. [M.S.A. 15.1919(518)] Sec. 18. (1) Except as provided in chapters 3, 4 and 6, each district shall apply the moneys received by it under this act on salaries of teachers and other employees, tuition, transportation, lighting, heating and ventilation and water service and on the purchase of textbooks and other supplies. An amount equal to not more than 5% of the total amount received by any district under chapter 2 may be expended by the board for capital costs or debt service for debts con tracted after December 8, 1932. No part of the money shall be applied or taken for any purpose whatsoever except as provided in this section. The department shall determine the reasonableness of expenditures and may withhold from any district the apportionment otherwise due for the fiscal year following the discovery by the department of a violation by the district. (2) For the purpose of determining the reasonableness of expenditures and whether any violation of this act has occurred, the department shall require that districts have audits of their financial and child accounting records at least annually at the expense of the districts by certified public accountants or by intermediate district superintendents, as may be required by the department, or in the case of districts of the first class by a certified public accountant, the intermediate superintendent or the auditor general of the city. The audits shall be subject to such rules as the state board, in consultation with the state auditor general, may prescribe. Copies of the reports of the audits shall be filed as required by the state board and shall be available at all reasonable times for public inspection. 74aa PUBLIC ACTS 1972—No. 258 388.1121 Basic allotments; reorganization. [M.S.A. 15.1919(521)] Sec. 21. (1) Except as otherwise provided in this act, from the amount appropriated in section 11 there is allocated to-every district a sum determined as provided in subsection (2) plus the amounts allocated for transportation in chapter 7 and tuition in chapter 11. (2) The sum allocated to each school district shall be computed from the following table: State equalized valuation behind each child Gross Allowance Deductible Millage (a) $17,750.00 or more $644.00 16 (b) Less than $17,750.00 $715.00 20 (3) Whenever 2 or more districts are reorganized into a single district, either through a procedure of annexation or consolidation, the amount of state aid to be received by the new district during the 2' years immediately subse quent to the annexation or consolidation shall not be less than the total sum of state aid which was earned by all the districts forming the new district during the last fiscal year in which the districts received aid as separate districts, except that no more than $400,000.00 shall be allocated under this subsection. § 2 1 ( 1 ) , as amended hv 19 7 3 PA 101 § 1 5 .1 0 1 9 (5 2 1 ) Sums allocated to districts; levy of taxes.] Sec. 21. (1) Except as otherwise provided in this act, from the amount appropriated in section 11 there is allocated to every district a sum determined as provided in [[this] subsection ♦ The sum allocated to each school district shall be [[an amount per membership pupil to be] computed £ g[by subtracting, from $38,000.00 in 1973-74, $39,000.00 in 1974-75 and $40,000.00 in 1975-76, the district’s state equalized valuation behind each membership pupil and then multiplying the resulting difference by the tax levied for purposes included in the operation cost of the district as defined in section 112, up to and including 22 mills in 1973-74, 25 mills in 1974-75 and without limitation thereafter. Atax levied pursuant to subdivision (b) of subsection (4) of section 681 of the school code of 1955, as amended, being section 340.681 of the Michigan Compiled Laws, for the retirement of an operating deficit shall be considered levied for operating pur poses in making computations under this section. 75aa PUBLIC ACTS 1972—No. 258 388.1151 Reimbursement program; allocation; rate of reimbursement. [M.S.A. 15.1919(551)] Sec. 51. (1) There is authorized a $67,000,000.00 program for the purpose of reimbursing districts for special education programs, services and special education personnel as defined in the school code of 1955. (2) From the amount appropriated in section 11, there is allocated the sum of $50,000,000.00 which amount shall be augmented with $17,000,000.00 of federal funds available under an agreement with the department of social services. (3) Reimbursement shall be at 75% of the actual cost of salaries, not to exceed $8,100.00 for any individual salary, for such programs and services as determined by the department. Not later than March 1, 1973 the department shall prepare a written report for the legislature indicating the amount of federal moneys earned under the agreement with the department of social services from July 1, 1972 through June 30, 1973. § 5 1 , as amended by 1973 PA 101 § 1 5 . 1 9 1 9 ( 5 5 1 ) Special education program s, services and personnel; authorization of funds.] Sec. 51. (1 ) There is authorized a ♦ program [o f not to exceed $100 ,000 ,000 .00 ] for the purpose of reim bursing districts for special education pro gram s, services and special education personnel as defined in the school code of 1 9 5 5 [, including alternative education pro gram s for pregnant persons approved by the department in ac cordance with A ct No. 242 of the Public Acts of 1970, being sections 388.391 to 388.394 of the Michigan Compiled Laws, and program s for pupils handicapped by learning disabilities as de fined by the department. An amount equal to the difference between the $17,000,000.00 of federal funds anticipated for the 1972 -73 school year and the amount of federal funds actually received, but not to exceed $10,400,000.00, shall be distributed to the districts as reimbursement for program s conducted, services rendered and personnel employed in 1 9 7 2 -7 3 ] . Allocations; rep orts; deficiencies in anticipated federal fund ing.] (2 ) From the amount appropriated in section 11, there is allocated the sum of [$ 8 4 ,0 0 0 ,0 0 0 .0 0 ] which amount shall be augmented with [n o t to exceed $16 ,000 ,000 .00 ] of federal funds available under an agreement with the department of social services. [ P rior to December 1, 1973 and April 1, 1974 the de partm ent shall evaluate the availability of such federal funds, 76aa shall report to the districts and the interm ediate districts there upon and shall adjust the amount of subsequent statem ents pre pared pursuant to section 17 of this act accordingly. Nothing in this section shall be construed as an expressed or implied statem ent of intent, on the p art of the State of Michigan, to assume responsibility for any deficiency in anticipated federal funding.] Reim bursement; report to legislature.] (3 ) Reimbursement shall be at 75% of the actual cost of salaries, not to exceed $8,100.00 for any individual salary, for such program s and services as determined by the department^, unless the appro priation made in this section exceeds the amount necessary to fund this scale of reimbursement, in which case the scale shall be prorated upward accordingly]. Not later than March 1, [1 9 7 4 ] the department shall prepare a w ritten report for the legislature indicating the amount of federal moneys earned un der the agreement with the departm ent of social services from July 1, [1 9 7 3 ] through June 30, [1 9 7 4 , and shall develop and report to the legislature a system for reim bursing special edu cation program s and services on an added cost basig. Transferred personnel; rights, benefits, tenure.] (4 ) Spe cial education personnel tran sferred from 1 school district to another to implement the school code of 1955, as amended, shall be entitled to all rights, benefits, and tenure to which the person would otherwise be entitled had he been employed by the re ceiving district originally]. § 15 o f 1947 PA 3 3 6 , as added by 1965 PA 379 423.215 Collective bargaining; duties of em ployer and em p lo yees’ rep re sentative; subjects and lim itations. * Sec. 15. A public employer shall bargain collectively with the representatives of its employees as defined in section 11 and is authorized to make and enter into collective bargaining agreements with such representatives. For the purposes of this section, to bargain collectively is the performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement, or any question arising thereunder, and the execution of a written contract, ordinance or resolution incorporating any agreement reached if requested by either party, but such obligation does not compel either party to agree to a proposal or require the making of a concession. HISTORY: Add. 1965, p. 74S, Act 379, Imd. EH.Jul. 2-3. 77aa § 46 o f 1969 PA 3 0 6 , as amended by 1971 PA 171 24.246 Promulgation; records. [M.S.A. 3.560(146)] Sec. 46. (1) To promulgate a rule an agency shall file in the office of the secretary of state 3 copies of the rule bearing the required certifi cates of approval and adoption and true copies of the rule without the certificates. An agency shall not file a rule, except an emergency rule under section 48, until at least 10 days after the date of the certificate of approval by the joint committee on administrative rules or until at least 10 days after expiration of the applicable period of time prescribed in subsection (5) of section 45 when the legislature has not adopted a concurrent resolution disapproving the rule during that period. An agency shall transmit a copy of the rule bearing the required certificates of approval and adoption to the office of the governor at least 10 days before it files the rule. (2) The secretary of state shall indorse the date and hour of filing of rules on the 3 copies of the filing bearing the certificates and shall main tain a file containing 1 copy for public inspection. (3) The secretary of state, as often as he deems it advisable, shall cause to be arranged and bound in a substantial manner the rules here after filed in his office with their attached certificates and published in a supplement to the Michigan administrative code. He shall certify under his hand and seal of the state on the frontispiece of each volume that it contains all of the rules filed and published for a specified period. The rules, when so bound and certified, shall be kept in the office of the secretary of state and no further record thereof is required to be kept. The bound rules are subject to public inspection. ' W