Michigan Compiled Laws
Mich. Comp. Laws § 38.105 (2026)
Repealed. 2011, Act 101, Imd. Eff. July 19, 2011.
✓ current as of July 2026
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TEACHERS' TENURE
Act 4 of 1937 (Ex. Sess.)
38.105 Repealed. 2011, Act 101, Imd. Eff. July 19, 2011.
Repealed. 2011, Act 101, Imd. Eff. July 19, 2011.
Compiler's Notes:
The repealed section pertained to appointment of teacher on continuing tenure to first vacancy in school district.
Notes of Decisions
Cited in 27
cases, 1971–2020 · leading case: Southfield Educ. Ass'n v. Bd. of Educ. of the Southfield Pub. Sch., 909 N.W.2d 1 (Mich. Ct. App. 2017).
Southfield Educ. Ass'n v. Bd. of Educ. of the Southfield Pub. Sch., 909 N.W.2d 1 (Mich. Ct. App. 2017). “] 2011 PA 101 , effective July 19, 2011, repealed MCL 38.105 of the TTA, which had provided, "For a period of 3 years after the effective date of the termination of the teacher's services, a teacher on continuing tenure whose services are terminated because of a necessary…”
Shelby Baumgartner v. Perry Pub. Schs., 309 Mich. App. 507 (Mich. Ct. App. 2015). “74 accordingly modified, 2011 PA 101 repealed MCL 38.105, which governed “reductions in personnel” — the last remaining statutory section of the TTA that could conceivably (but wrongly) be seen as having anything to do with teacher layoffs.”
Chester v. Harper Woods Sch. Dist., 273 N.W.2d 916 (Mich. Ct. App. 1978). “They argued alternatively that they were either certified and qualified for and thereby, under MCL 38.105; MSA 15.2005, entitled to the positions created, or, if not, that the school board deliberately reshuffled class assignments so as to create vacancies for which they were…”
Tomiak v. Hamtramck Sch. Dist., 397 N.W.2d 770 (Mich. 1986). “This case also presents the question, again of first impression, whether the teacher tenure act requires recall beyond the "first vacancy” specified in MCL 38.105; MSA 15.2005. Additional issues of due process, statute of limita *681 tions interpretation, and proper remedial…”
Anderson v. Harper Woods Pub. Sch. Dist., 253 N.W.2d 718 (Mich. Ct. App. 1977). “MCLA 38.105; MSA 15.2005 provides: "Any teacher on permanent tenure whose services are terminated because of a necessary reduction in personnel shall be appointed to the first vacancy in the school district for which he is certified and qualified.”
Holton Pub. Schs. v. Farmer, 259 N.W.2d 219 (Mich. Ct. App. 1977). “MCLA 38.105; MSA 15.2005 provides: "Any teacher on permanent tenure whose services are terminated because of a necessary reduction in personnel shall be appointed to the first vacancy in the school district for which he is certified and qualified.”
Summer v. Southfield Bd. of Educ., 874 N.W.2d 150 (Mich. Ct. App. 2015). “Under former MCL 38.105, repealed by 2011 PA 101 , tenured teachers could be terminated only “because of a necessary reduction in personnel,” and they were entitled to be appointed to the first vacancy in any school district for which they were certified and qualified.”
Freiberg v. Bd. of Educ. of Big Bay De Noc Sch. Dist., 232 N.W.2d 718 (Mich. Ct. App. 1975). “the teacher tenure commission held that it lacked jurisdiction to review the plaintiff’s dismissal because, under provisions of the tenure act, the board of education had the sole prerogative to decide budgetary matters: "An investigation by this commission into the necessity or…”
Goodwin v. Bd. of Educ. of Sch. Dist., 267 N.W.2d 142 (Mich. Ct. App. 1978). “2 MCLA 38.105; MSA 15.2005. 3 MCLA 38.121; MSA 15.”
Boyce v. Royal Oak Bd. of Educ., 285 N.W.2d 196 (Mich. 1979). “Even a tenured teacher can be dismissed based on a necessary reduction in personnel, MCL 38.105; MSA 15.2005. 9 We cannot in good conscience say that the phrase "shall be employed” in MCL 38.”
Steeby v. Sch. Dist. of City of Highland Pk., 224 N.W.2d 97 (Mich. Ct. App. 1974). “While there is no express statutory authority for terminating a teaching position because of lack of funds, MCLA 38.105; MSA 15.2005 provides: "Any teacher on permanent tenure whose services are terminated because of a necessary reduction in personnel shall be appointed to the…”
Rumph v. Wayne Cmty. Sch. Dist., 188 N.W.2d 71 (Mich. Ct. App. 1971). “1992); given priority when vacancy arises if employment terminated because of necessary reduction in personnel in the school district, MCLA § 38.105 (Stat Ann 1968 Rev § 15.2005).”
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