Michigan Compiled Laws

Mich. Comp. Laws § 38.111 (2026)

Resignation or leave of absence; notice required.

✓ current as of July 2026

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TEACHERS' TENURE

Act 4 of 1937 (Ex. Sess.)

38.111 Resignation or leave of absence; notice required.

Sec. 1.

No teacher on continuing tenure shall discontinue his services with any controlling board except by mutual consent, without giving a written notice to said controlling board at least 60 days before September first of the ensuing school year. Any teacher discontinuing his services in any other manner than as provided in this section shall forfeit his rights to continuing tenure previously acquired under this act.

History: 1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937 ;-- CL 1948, 38.111

PopularName Notes:

Teachers' Tenure Act

Notes of Decisions

Cited in 8 cases, 1968–1986 · leading case: Tomiak v. Hamtramck Sch. Dist., 397 N.W.2d 770 (Mich. 1986).

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Tomiak v. Hamtramck Sch. Dist., 397 N.W.2d 770 (Mich. 1986). · cites it 4× “No teacher on continuing tenure shall discontinue his services with any controlling board except by mutual consent, without giving a written notice to said controlling board at least 60 days before September first of the ensuing school year.”

Rockwell v. Crestwood Sch. Dist. Bd. of Educ., 227 N.W.2d 736 (Mich. 1975). · cites it 2× “VI —Teachers Remained Employees Under Tenure Act While on Strike The Crestwood School Board further contends *661 that the discharged teachers, by striking "discontinued their services” within the meaning of Art V, § 1 of the teachers’ tenure act, MCLA 38.”

Rumph v. Wayne Cmty. Sch. Dist., 188 N.W.2d 71 (Mich. Ct. App. 1971). · cites it 6× “Defendant relies on MCLA § 38.111 (Stat Ann 1968 Rev § 15.2011) to support its position: “No teacher on continuing tenure shall discontinue his services with any controlling board except by mutual consent, without giving a written notice to said controlling hoard at least 60…”

Shiffer v. Bd. of Educ. of Gibraltar Sch. Dist., 224 N.W.2d 255 (Mich. 1974). · cites it 2× “That the principle of avoidable consequences applies where the injury is to persons or property or other legal wrong, as well as breach of contract, see: 22 Am Jur 2d, Damages, § 30 et seq.”

Wright v. Port Huron Area Sch. Dist., 163 N.W.2d 673 (Mich. Ct. App. 1968). · cites it 2× “'Wright had resigned his position as a teacher by mutual consent on July 1, 1963, as permitted by CL 1948, § 38.111 (Stat Ann 1968 Rev § 15.2011), and therefore did not hold continuing tenure.”

Tomiak v. Hamtramck Sch. Dist., 360 N.W.2d 257 (Mich. Ct. App. 1984). “Even if plaintiff had already decided to give up his rights in Hamtramck, it is clear that he still had tenure there until defendants removed his name from the recall list.”

Shiffer v. Bd. of Educ. of Gibraltar Sch. Dist., 206 N.W.2d 250 (Mich. Ct. App. 1973). “This claim is based on MCLA 38.111; MSA 15.2011, which reads: "No teacher on continuing tenure shall discontinue his services with any controlling board except by mutual consent, without giving a written notice to said controlling board at least 60 days before September first of…”

Bloomfield Hills Bd. of Educ. v. Miner, 317 N.W.2d 638 (Mich. Ct. App. 1982). “MCL 38.111; MSA 15.2011. Initially, we observe that the April 1 deadline for notifying the district of an intention to continue employment was a reasonable, negotiated condition of employment that is not inconsistent with the teacher tenure act’s requirement of consent to…”

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