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

Mich. Comp. Laws § 38.121 (2026)

Appeal to state tenure commission; notice; hearing.

✓ current as of July 2026
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TEACHERS' TENURE


Act 4 of 1937 (Ex. Sess.)


38.121 Appeal to state tenure commission; notice; hearing.

Sec. 1.

    A teacher who has achieved continuing tenure status may appeal to the tenure commission any decision of a controlling board under this act, other than a decision governed by article IV on discharge or demotion of a teacher on continuing tenure, within 20 days from the date of the decision. The tenure commission shall provide for a hearing on the appeal. Notice and conduct of the hearing shall be the same as provided in article IV and in rules promulgated by the tenure commission.

History: 1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937 ;-- CL 1948, 38.121 ;-- Am. 1963, Act 242, Eff. Sept. 6, 1963 ;-- Am. 1993, Act 60, Eff. Oct. 1, 1993

PopularName Notes:

Teachers' Tenure Act

AdminRule Notes:

    R 38.131 et seq. of the Michigan Administrative Code.

Notes of Decisions
Cited in 54 cases (2 in the last 5 years), 1956–2022 · leading case: Shelby Baumgartner v. Perry Pub. Schs., 309 Mich. App. 507 (Mich. Ct. App. 2015).
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Shelby Baumgartner v. Perry Pub. Schs., 309 Mich. App. 507 (Mich. Ct. App. 2015). · cites it 9× “As noted, Freiberg based its dubious grant of jurisdiction to the STC on the following: (1) “the general purpose of the tenure act”; (2) MCL 38.121; (3) supposedly “analogous” decisions of the Michigan Supreme Court in cases involving layoffs of private-sector employees; and (4)…”
Chester v. Harper Woods Sch. Dist., 273 N.W.2d 916 (Mich. Ct. App. 1978). · cites it 8× “MCL 38.121; MSA 15.2021. Bennett v City of Royal Oak School Dist, 10 Mich App 265 ; 159 NW2d 245 (1968), lv den, 381 Mich 755 (1968).”
Lakeshore Bd. of Educ. v. Grindstaff, 461 N.W.2d 651 (Mich. 1990). · cites it 8× “MCL 38.121; MSA 15.2021. On appeal, the commission acts as a "board of review," MCL 38.”
Payne v. Muskegon, 514 N.W.2d 121 (Mich. 1994). · cites it 2× “, the state teacher tenure commission, MCL 38.121; MSA 15.2021, which was the exact problem the provision addressed.”
Goodwin v. Bd. of Educ. of Sch. Dist., 267 N.W.2d 142 (Mich. Ct. App. 1978). · cites it 3× “MCLA 38.121; MSA 15.2021. We conclude that since plaintiff was granted tenure as Director of Buildings and Grounds, 6 the commission has jurisdiction to hear his appeal.”
Rockwell v. Crestwood Sch. Dist. Bd. of Educ., 227 N.W.2d 736 (Mich. 1975). · cites it 2× “” MCLA 38.121; MSA 15.2021. PERA §6 "Notwithstanding the provisions of any other law, *650 any person holding such a position who, by concerted action with others, and without the lawful approval of his superior, wilfully absents himself from his position, or abstains in whole…”
Kola Hasanaj v. Detroit Pub. Schs. Cmty. Dist., 35 F.4th 437 (6th Cir. 2022). “Challenging his termination, Hasanaj filed a claim of appeal with the Tenure Commission in October 2016.2 In the proceedings, “the parties stipulated that [Hasanaj] was a tenured teacher.”
Slater v. Ann Arbor Pub. Schs. Bd. of Educ., 648 N.W.2d 205 (Mich. Ct. App. 2002). “1 Defendants also argued below that the trial court lacked subject-matter jurisdiction because the State Tenure Commission must first address the issue whether a probationary teacher has achieved tenure. In response, the trial court noted that the State Tenure Commission did not…”
Anderson v. Harper Woods Pub. Sch. Dist., 253 N.W.2d 718 (Mich. Ct. App. 1977). · cites it 4× “It would appear that the lack of limitation on the applicability of MCLA 38.121; MSA 15.2021 would allow it to be utilized to resolve a failure to recall situation.”
Tomiak v. Hamtramck Sch. Dist., 397 N.W.2d 770 (Mich. 1986). · cites it 2× “The Court of Appeals affirmed the decision that the action was timely and not barred by the tenure act statute of limitations, MCL 38.121; MSA 15.2021, the survival of recall rights beyond the first vacancy, and the finding that the 1976 layoff was proper.”
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.”
Hagen v. Dep't of Educ., 427 N.W.2d 879 (Mich. 1988). · cites it 2× “MCL 38.121; MSA 15.2021. Defendants and the Court of Appeals interpreted "hearing" as used in § 4(f) as encompassing the written decision, because the hearing must be "concluded by" the decision.”
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