Mich. Comp. Laws » Michigan Compiled Laws / Chapter 38 / Act 4 of 1937 (Ex. Sess.)
Michigan Compiled Laws

Mich. Comp. Laws § 38.101 (2026)

Teacher on continuing tenure; discharge, demotion, or retirement; continuation of contracts of teachers over retirement age.

✓ current as of July 2026
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TEACHERS' TENURE


Act 4 of 1937 (Ex. Sess.)


38.101 Teacher on continuing tenure; discharge, demotion, or retirement; continuation of contracts of teachers over retirement age.

Sec. 1.

    (1) Except as otherwise provided in section 1a of this article, discharge or demotion of a teacher on continuing tenure may be made only for a reason that is not arbitrary or capricious and only as provided in this act.

    (2) This act does not prevent any controlling board from establishing a reasonable policy for retirement to apply equally to all teachers who are eligible for retirement under the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437, or, having established a reasonable retirement age policy, from temporarily continuing on a year-to-year basis on criteria equally applied to all teachers the contract of any teacher whom the controlling board might wish to retain beyond the established retirement age for the benefit of the school system.

History: 1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937 ;-- Am. 1941, Act 119, Imd. Eff. May 23, 1941 ;-- CL 1948, 38.101 ;-- Am. 1966, Act 15, Imd. Eff. Apr. 6, 1966 ;-- Am. 1993, Act 60, Eff. Oct. 1, 1993 ;-- Am. 2005, Act 136, Eff. Jan. 1, 2006 ;-- Am. 2011, Act 100, Imd. Eff. July 19, 2011

PopularName Notes:

Teachers' Tenure Act
Notes of Decisions
Cited in 74 cases (1 in the last 5 years), 1968–2023 · leading case: Lakeshore Bd. of Educ. v. Grindstaff, 461 N.W.2d 651 (Mich. 1990).
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Lakeshore Bd. of Educ. v. Grindstaff, 461 N.W.2d 651 (Mich. 1990). · cites it 12× “I would conclude that the function of the commission in reviewing the discharge or discipline of a teacher is limited to determining whether the local board's action was for "reasonable and just cause" as required by the teacher tenure act, MCL 38.101; MSA 15.2001, and that the…”
Shelby Baumgartner v. Perry Pub. Schs., 309 Mich. App. 507 (Mich. Ct. App. 2015). · cites it 4× “It is not possible to equate the “discharge” action mentioned in MCL 38.101 with a “layoff,” as the two terms are separate and distinct.”
Cona v. Avondale Sch. Dist., 37 I.E.R. Cas. (BNA) 136 (Mich. Ct. App. 2013). · cites it 17× “Prior to July 19, 2011, MCL 38.101, as amended by 2005 PA 136 , effective January 1, 2006, had stated in relevant part: “Except as otherwise provided in section la of this article, discharge or demotion of a teacher on continuing tenure may be made only for *131 reasonable and…”
Lamphere Schs. v. Lamphere Fed'n of Teachers, 252 N.W.2d 818 (Mich. 1977). · cites it 2× “MCLA 38.101; MSA 15.2001. Regarding the § 6 sanctions of the PERA, the majority opinion in Rockwell , in developing its conclusion, reasoned: "Section 6 begins with the words `[n]otwithstanding the provisions of any other law'.”
Rockwell v. Crestwood Sch. Dist. Bd. of Educ., 227 N.W.2d 736 (Mich. 1975). · cites it 3× “MCLA 38.101; MSA 15.2001. The discharge of a probationary teacher, however, in the absence of specific legislation or contractual provision on point, is permissible only where it is neither unreasonable *664 nor arbitrary nor beyond the scope of the board’s authority.”
Appoloni v. United States, 450 F.3d 185 (6th Cir. 2006). · cites it 4× “81 , and thereafter may be discharged or demoted only “for reasonable and just cause and only as provided in [the Tenure Act],” Mich. Comp. Laws § 38.101 . Tenure status also entitles a teacher to a shorter probationary period in any other Michigan school district.”
LOCAL 1383 v. City of Warren, 311 N.W.2d 702 (Mich. 1981). · cites it 2× “Our Court reasoned: "The 1937 Legislature in enacting the teachers' tenure act could not have anticipated collective bargaining or meant to provide for the resolution of labor relations disputes in public employment.”
Lewis v. Bridgman Pub. Schs. (on Rem.), 760 N.W.2d 242 (Mich. Ct. App. 2008). · cites it 14× “MCL 38.101; Satterfield v. Grand Rapids Pub.”
Farrimond v. Bd. of Educ. East Jordan Pub. Sch., 359 N.W.2d 245 (Mich. Ct. App. 1984). · cites it 4× “1974, without following the procedures as set forth in MCL 38.101; MSA 15.2001. I disagree with the following assertion contained in the majority opinion: "Since the collective-bargaining agreement negotiated between appellant and appellee's union contained a provision requiring…”
Dearborn Heights Sch. Dist. No 7 v. Wayne Cnty. MEA/NEA, 592 N.W.2d 408 (Mich. Ct. App. 1999). · cites it 2× “Initially, we note that MCL 38.101; MSA 15.2001 vests the commission with the authority to determine whether a tenured teacher was discharged or demoted for cause.”
Belanger v. Warren Consol. Sch. Dist., 443 N.W.2d 372 (Mich. 1989). · cites it 2× “[22] The provision as amended in 1941 provided: That when the controlling board of any school district shall specifically provide in each contract of employment of any teacher employed as superintendent, assistant superintendent, or principal, made with such teacher after the…”
Chester v. Harper Woods Sch. Dist., 273 N.W.2d 916 (Mich. Ct. App. 1978). · cites it 2× “"Discharge or demotion of a teacher on continuing tenure may be made only for reasonable and just cause," MCL 38.101; MSA 15.2001, and only after providing a hearing which accords with MCL 38.”
Show all 74 citing cases →
— Mich. Comp. Laws § 38.101(1) — 4 cases
Cona v. Avondale Sch. Dist., 37 I.E.R. Cas. (BNA) 136 (Mich. Ct. App. 2013). “Prior to July 19, 2011, MCL 38.101, as amended by 2005 PA 136 , effective January 1, 2006, had stated in relevant part: “Except as otherwise provided in section la of this article, discharge or demotion of a teacher on continuing tenure may be made only for *131 reasonable and…”
Garden City Educ. Ass'n v. Sch. Dist., 975 F. Supp. 2d 780 (E.D. Mich. 2013).
Kalamazoo Educ. Assn mea/nea v. Kalamazoo Pub. Schs. (Mich. Ct. App. 2023).
Amy N Scott v. Niles Cmty. Schs. Bd. of Educ. (Mich. Ct. App. 2016).
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