TEACHERS' TENURE
Act 4 of 1937 (Ex. Sess.)
38.72 “Certificated” defined.
Sec. 2.
The term "certificated" means holding a valid teaching certificate, as defined by the state board of education. For the purpose of this section, an individual is considered to be holding a valid teaching certificate if the individual has on file with his or her employing school district either an appropriate teaching certificate issued by the state board of education or, if the individual's application for a teaching certificate has not been confirmed or rejected by the state board, written evidence from the individual's teacher education college that he or she meets the requirements described in section 1535 of the school code of 1976, Act No. 451 of the Public Acts of 1976, being section 380.1535 of the Michigan Compiled Laws.
History: 1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937 ;-- CL 1948, 38.72 ;-- Am. 1967, Act 216, Imd. Eff. July 10, 1967 ;-- Am. 1993, Act 59, Imd. Eff. June 11, 1993
PopularName Notes:
Teachers' Tenure Act
AdminRule Notes:
R 390.661 of the Michigan Administrative Code.
Notes of Decisions
Kola Hasanaj v. Detroit Pub. Schs. Cmty. Dist., 35 F.4th 437 (6th Cir. 2022).
“661(1) (emphasis added); see Mich. Comp. Laws Ann. § 38.72 . A certificate is valid for positions that match “the time period, grade level, and discipline area” (i.”
Klender v. United States, 328 F. Supp. 2d 754 (E.D. Mich. 2004).
· cites it 2× “” Mich. Comp. Laws § 38.72 . At least sixty days before the close of each school year the controlling board, which is defined in the Act as any board “having the care, management, or control over public school districts and public educational institutions,” Mich.”
Shaw v. MacOmb Cmty. Coll., 194 N.W.2d 558 (Mich. Ct. App. 1971).
· cites it 2× “This is the construction given to the terms by the State Board of Education which by statute, MCLA § 38.72 (Stat Ann 1971 Cum Supp § 15.”
Johnson v. City of Inkster, 224 N.W.2d 664 (Mich. Ct. App. 1974).
“The justice of demanding the special contribution is supposed to be evident in the fact that the persons who are to make it, while they are made to bear the cost of a public work, are at the same time to suffer no pecuniary loss thereby; their property being increased in value…”
Paula Dowker v. Richmond Cmty. Schs. (Mich. Ct. App. 2018).
“In turn, “[t]he term ‘certificated’ means holding a valid teaching certificate . . . an individual is considered to be holding a valid teaching certificate if the individual has on file with his or her employing school district .”
Gretzinger v. State Bd. of Educ., 328 N.W.2d 544 (Mich. Ct. App. 1981).
“” A similar provision is included in the teachers tenure act, 2 MCL 38.72; MSA 15.1972, specifically providing: "The term 'certificated’ shall be as defined by the state board of education.”
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