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

Mich. Comp. Laws § 38.172 (2026)

Teachers; waiver of rights in contracts prohibited.

✓ current as of July 2026
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TEACHERS' TENURE


Act 4 of 1937 (Ex. Sess.)


38.172 Teachers; waiver of rights in contracts prohibited.

Sec. 2.

    No teacher may waive any rights and privileges under this act in any contract or agreement made with a controlling board. In the event that any section or sections of a contract or agreement entered into between a teacher and a controlling board make continuance of employment of such teacher contingent upon certain conditions which may be interpreted as contrary to the reasonable and just causes for dismissals, provided by this act, such section or sections of a contract or agreement shall be invalid and of no effect in relation to determination of continuance of employment of such teacher.

History: 1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937 ;-- CL 1948, 38.172

PopularName Notes:

Teachers' Tenure Act
Notes of Decisions
Cited in 13 cases, 1975–2010 · leading case: Woodman v. Kera LLC, 785 N.W.2d 1 (Mich. 2010).
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Woodman v. Kera LLC, 785 N.W.2d 1 (Mich. 2010). · cites it 2× “The Michigan Employment Security Act states: "No agreement by an individual to wave [sic], release, or commute his rights to benefits or any other rights under this act from an employer shall be valid.”
Belanger v. Warren Consol. Sch. Dist., 443 N.W.2d 372 (Mich. 1989). · cites it 4× “Demotion is defined in the act as "to reduce compensation or to transfer to a position carrying a lower salary." MCL 38.74; MSA 15.1974. [22] The provision as amended in 1941 provided: That when the controlling board of any school district shall specifically provide in each…”
Bode v. Roseville Sch. Dist., 275 N.W.2d 472 (Mich. 1979). · cites it 6× “MCL 38.172; MSA 15.2054 prohibits a teacher from waiving any rights and privileges: "No teacher may waive any rights and privileges under this act in any contract or agreement made with a controlling board.”
Slater v. Ann Arbor Pub. Schs. Bd. of Educ., 648 N.W.2d 205 (Mich. Ct. App. 2002). “MCL 38.172; Waits v Ann Arbor Public Schools, 221 Mich App 183, 188-189 ; 561 NW2d 851 (1997).”
Chester v. Harper Woods Sch. Dist., 273 N.W.2d 916 (Mich. Ct. App. 1978). · cites it 2× “MCL 38.172; MSA 15.2054. This provision would indicate that the teacher tenure act takes precedence over any teacher contract or collective bargaining agreement.”
Staple v. Staple, 616 N.W.2d 219 (Mich. Ct. App. 2000). “11 MCL 38.172; MSA 15.2054. 12 The amended version of this statute now in effect further provides “except that a judgment or order that waives maintenance payments for either party shall not thereafter be revised or altered in that respect nor shall the provisions of a judgment…”
Boyce v. Royal Oak Bd. of Educ., 285 N.W.2d 196 (Mich. 1979). · cites it 3× “It provides that if a probationary teacher is not notified at least 60 days before the end of the school year that his or her services will be discontinued, the teacher shall be employed for the ensuing year.”
Viera v. Saginaw Bd. of Educ., 283 N.W.2d 796 (Mich. Ct. App. 1979). · cites it 2× “In the event that any section or sections of the contract or agreement entered into between a teacher and a controlling board make continuance of employment of such teacher contingent upon certain conditions which may be interpreted as contrary to the reasonable and just causes…”
Detroit Bd. of Educ. v. Parks, 296 N.W.2d 815 (Mich. Ct. App. 1980). “78-290AA Gene-see County Circuit Court, which was decided largely upon that ground; and it principally relies upon MCL 38.172; MSA 15.2054 of the tenure act which states: "Sec.”
Blurton v. Bloomfield Hills Bd. of Educ., 231 N.W.2d 535 (Mich. Ct. App. 1975). “Our conclusion is further buttressed by Article X of the act, MCLA 38.172; MSA 15.2054, which provides that "No teacher may waive any rights and privileges under this act in any contract or agreement made with a controlling board”.”
Boyce v. Royal Oak Bd. of Educ., 257 N.W.2d 153 (Mich. Ct. App. 1977). “See MCLA 38.172; MSA 15.2054. What they argue is that the 60-day notice provision may not be waived and, therefore, precludes the school board from laying *534 off probationary teachers if the school board is no longer able to comply with the provision.”
Waits v. Ann Arbor Pub. Schs., 561 N.W.2d 851 (Mich. Ct. App. 1997). · cites it 2× “” The court regarded these agreement provisions as being without effect because article X, § 2 of the tenure act, MCL 38.172; MSA 15.2054, expressly provides: “No teacher may waive any rights and privileges under this act in any contract or agreement made with a controlling…”
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