Board of Control v. Florida Motion for Leave to File and Petition for Rehearing of Order Granting Writ of Certiorari

    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





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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





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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.



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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.



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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-



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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.



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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.



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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.



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§ 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.



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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.



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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.



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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.



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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



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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;



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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.



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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.



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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.



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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.



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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.



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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.



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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.



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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.



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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.



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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.



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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.



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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.



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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



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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.



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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.



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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.



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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.



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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:



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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.



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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.



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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.



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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



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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.



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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.



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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.



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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.



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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.



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[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



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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.



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(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.



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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.



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(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.



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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.



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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:



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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.



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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.



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(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.



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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.







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