Michigan Compiled Laws

Mich. Comp. Laws § 38.139 (2026)

Tenure commission; board of review for cases appealed from decision of controlling board; location of records; availability of certain writings to public.

✓ current as of July 2026

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TEACHERS' TENURE

Act 4 of 1937 (Ex. Sess.)

38.139 Tenure commission; board of review for cases appealed from decision of controlling board; location of records; availability of certain writings to public.

Sec. 9.

(1) The tenure commission shall act as a board of review for all cases appealed from the decision of a controlling board. All records of the tenure commission shall be kept in the office of the superintendent of public instruction.

(2) A writing prepared, owned, used in the possession of, or retained by the commission in the performance of an official function shall be made available to the public in compliance with the freedom of information act, Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws.

History: 1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937 ;-- CL 1948, 38.139 ;-- Am. 1963, Act 242, Eff. Sept. 6, 1963 ;-- Am. 1977, Act 252, Imd. Eff. Dec. 6, 1977 ;-- Am. 1993, Act 60, Eff. Oct. 1, 1993

PopularName Notes:

Teachers' Tenure Act

Notes of Decisions

Cited in 11 cases, 1951–2007 · 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 6× “On appeal, the commission acts as a "board of review," MCL 38.139; MSA 15.2039, and is vested with "such powers as are necessary to carry out and enforce the provisions" of the act.”

Hagen v. Dep't of Educ., 427 N.W.2d 879 (Mich. 1988). · cites it 4× “[MCL 38.139(2); MSA 15.2039(2).] Further, there is no dispute that the tenure commission's written decisions are public records as defined in the FOIA.”

Chester v. Harper Woods Sch. Dist., 273 N.W.2d 916 (Mich. Ct. App. 1978). · cites it 2× “2037 vests the tenure commission with such powers as are necessary to carry out and enforce the act's provisions, and MCL 38.139; MSA 15.2039 charges it with the duty of standing "as a board of review for all cases appealed from the decision of a controlling board".”

Lewis v. Bridgman Pub. Schs., 737 N.W.2d 824 (Mich. Ct. App. 2007). · cites it 10× “Historically, a tenured teacher could appeal a school board's decision regarding discipline or termination directly to the State Tenure Commission. MCL 38.121.”

Ferrario v. Escanaba Bd. of Educ., 395 N.W.2d 195 (Mich. 1986). “) and the word "proceed” (to begin and carry on an action, process, or movement) is quite subtle.”

Rehberg v. Bd. of Educ. of Melvindale, Ecorse Sch. Dist. No. 11, 48 N.W.2d 142 (Mich. 1951). “*543 The specific section in question is CL 1948, § 38.139 (Stat Ann 1949 Cum Supp § 15.2039), which reads: “The State tenure commission shall act as a board of review for all cases appealed from the decision of a controlling board.”

Luther v. Bd. of Educ. of Alpena Pub. Schs., 233 N.W.2d 173 (Mich. Ct. App. 1975). · cites it 2× “) It is appellant’s contention that the commission’s opinion indicates that the commission misunderstood its reviewing function and that its decision cannot stand.”

Rehberg v. Bd. of Educ. of Melvindale, Ecorse Sch. Dist., 77 N.W.2d 131 (Mich. 1956). “” (CL 1948, § 38.139 [Stat Ann 1953 Rev §15.2039].) It is urged by the school board that the State tenure commission has only power to act as a board of review to determine whether or not the school board carried out rights granted under the tenure act, and that the act in…”

Bd. of Educ. of the Ann Arbor Pub. Schs. v. Abrahams, 507 N.W.2d 802 (Mich. Ct. App. 1993). · cites it 2× “MCL 38.139; MSA 15.2039 provides that the commission shall act as a board of review for all cases appealed from the decision of a controlling board.”

Hagen v. Dep't of Educ., 398 N.W.2d 485 (Mich. Ct. App. 1986). “MCL 38.139; MSA 15.2039. The trial court found that this amend *673 ment indicated that the Legislature intended that the policies behind the tenure act not be viewed as requiring exemption from disclosure.”

Birmingham Sch. Dist. v. Buck, 514 N.W.2d 528 (Mich. Ct. App. 1994). “It asserts that the Legislature did not intend the Commission have de novo review of a local school board’s decision to terminate a teacher under the Teachers’ Tenure Act.”

— Mich. Comp. Laws § 38.139(1) — 2 cases

Lakeshore Bd. of Educ. v. Grindstaff, 461 N.W.2d 651 (Mich. 1990). “On appeal, the commission acts as a "board of review," MCL 38.139; MSA 15.2039, and is vested with "such powers as are necessary to carry out and enforce the provisions" of the act.”

Lewis v. Bridgman Pub. Schs., 737 N.W.2d 824 (Mich. Ct. App. 2007). “Historically, a tenured teacher could appeal a school board's decision regarding discipline or termination directly to the State Tenure Commission. MCL 38.121.”

— Mich. Comp. Laws § 38.139(2) — 1 case

Hagen v. Dep't of Educ., 427 N.W.2d 879 (Mich. 1988). “[MCL 38.139(2); MSA 15.2039(2).] Further, there is no dispute that the tenure commission's written decisions are public records as defined in the FOIA.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.