TEACHERS' TENURE
Act 4 of 1937 (Ex. Sess.)
38.71 “Teacher” defined.
Sec. 1.
(1) The term "teacher" as used in this act means a certificated individual employed for a full school year by any board of education or controlling board.
(2) An individual who is not certificated but is employed for a full school year pursuant to section 1233b of the revised school code, Act No. 451 of the Public Acts of 1976, being section 380.1233b of the Michigan Compiled Laws, or is employed pursuant to an annual vocational authorization or a temporary approval, as defined in state board rule, is considered to be a teacher for the purpose of serving the probationary period under article II, but such an individual is not considered a teacher for the purpose of continuing tenure under article III until he or she becomes certificated.
(3) An individual employed as a teacher in a public school academy established under Act No. 451 of the Public Acts of 1976, being sections 380.1 to 380.1852 of the Michigan Compiled Laws, is not considered a teacher during that employment for the purpose of continuing tenure under article III. However, an individual described in section 1(4) of article III is a teacher for the purpose of retaining continuing tenure as described in that section.
(4) Teacher does not include an individual whose teaching certificate has expired or has been suspended or revoked.
History: 1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937 ;-- CL 1948, 38.71 ;-- Am. 1967, Act 216, Imd. Eff. July 10, 1967 ;-- Am. 1993, Act 59, Imd. Eff. June 11, 1993 ;-- Am. 1993, Act 337, Imd. Eff. Dec. 31, 1993 ;-- Am. 1996, Act 282, Imd. Eff. June 17, 1996
PopularName Notes:
Teachers' Tenure Act
Notes of Decisions
Bode v. Roseville Sch. Dist., 275 N.W.2d 472 (Mich. 1979).
· cites it 12× “During his first two years of employment as a superintendent in Clintondale, he was subject to the provisions of MCL 38.”
Appoloni v. United States, 450 F.3d 185 (6th Cir. 2006).
· cites it 8× “All three had been granted tenure by the School District pursuant to the Michigan Teachers’ Act (“Tenure Act”) Mich. Comp. Laws § 38.71 . In Michigan, a teacher automatically earns tenure by successfully completing a probationary period.”
Munro v. Elk Rapids Schs., 178 N.W.2d 450 (Mich. 1970).
· cites it 8× “" Plaintiff further alleged that defendant school board through its letter of February 20, 1968 to plaintiff, purported to comply with the provisions of the Michigan teachers' tenure act (MCLA § 38.71 et seq. [Stat Ann 1968 Rev § 15.”
Kola Hasanaj v. Detroit Pub. Schs. Cmty. Dist., 35 F.4th 437 (6th Cir. 2022).
· cites it 2× “In Michigan, tenure for teachers is controlled by the Teachers’ Tenure Act (Tenure Act), Mich. Comp. Laws Ann. §§ 38.71 to 38.191, and performance evaluations and other personnel decisions for teachers are primarily governed by the Revised School Code, id.”
Lipka v. Brown City Cmty. Schs., 271 N.W.2d 771 (Mich. 1978).
· cites it 6× “Justice COLEMAN, joined by Justices LEVIN and RYAN, wrote to answer the question negatively, finding that while definite written notice of satisfactory or unsatisfactory work was mandated by the teachers' tenure act, MCL 38.71 et seq.; MSA 15.1971 et seq., school boards were not…”
Shiffer v. Bd. of Educ. of Gibraltar Sch. Dist., 224 N.W.2d 255 (Mich. 1974).
· cites it 4× “I respectfully disagree with his conclusion that the Legislature intended to introduce the common-law breach of contract theory of mitigation of damages into the teachers' tenure act, MCLA 38.71 et seq.; MSA 15.1971 et seq., the teachers' Magna Charta.”
Payne v. Muskegon, 514 N.W.2d 121 (Mich. 1994).
· cites it 2× “Most administrative agencies, for example the Teacher Tenure Commission, see MCL 38.71 et seq.; MSA 15.1971 et seq., must follow the commands of the statute that created them.”
Davis v. Harrison Cmty. Schs. Bd. of Educ., 342 N.W.2d 528 (Mich. Ct. App. 1983).
· cites it 4× “The case requires us to determine whether, under the teacher tenure act, MCL 38.71 et seq.; MSA 15.1971 et seq., the two-year probationary period * 1 of an individual who begins teaching after the start of the school year commences at the time he or she begins employment or at…”
Shelby Baumgartner v. Perry Pub. Schs., 309 Mich. App. 507 (Mich. Ct. App. 2015).
· cites it 2× “Because the LIFO rule made layoff decisions fairly automatic, layoff-related disputes were far less common than those involving demotion and discharge of public school teachers, which, as we discuss infra, were governed by multiple statutes, including the teacher tenure act, MCL…”
— Mich. Comp. Laws § 38.71(1) — 5 cases
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