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

Mich. Comp. Laws § 38.74 (2026)

"Demote" defined.

✓ current as of July 2026
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TEACHERS' TENURE


Act 4 of 1937 (Ex. Sess.)


38.74 "Demote" defined.

Sec. 4.

    The word "demote" means to suspend without pay for 15 or more consecutive days or reduce compensation for a particular school year by more than an amount equivalent to 30 days' compensation or to transfer to a position carrying a lower salary. However, demote does not include discontinuance of salary under section 3 of article IV or a reduction in personnel, including, but not limited to, a reduction in workweeks or workdays.

    

History: 1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937 ;-- CL 1948, 38.74 ;-- Am. 1993, Act 60, Eff. Oct. 1, 1993 ;-- Am. 2005, Act 124, Eff. Jan. 1, 2006 ;-- Am. 2011, Act 100, Imd. Eff. July 19, 2011 ;-- Am. 2023, Act 225, Eff. July 1, 2024

PopularName Notes:

Teachers' Tenure Act
Notes of Decisions
Cited in 18 cases (2 in the last 5 years), 1960–2024 · 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 3× “[MCL 38.74 (emphasis added).] Thus, by definition, a school that lays off a teacher does not “demote” that teacher in the context of the TTA.”
Ranta v. Eaton Rapids Pub. Schs. Bd. of Educ., 721 N.W.2d 806 (Mich. Ct. App. 2006). · cites it 3× “According to MCL 38.74, [t]he word “demote” means to reduce compensation for a particular school year by more than an amount equivalent to 3 days’ compensation or to transfer to a position carrying a lower salary.”
Farrimond v. Bd. of Educ. East Jordan Pub. Sch., 359 N.W.2d 245 (Mich. Ct. App. 1984). · cites it 6× “) MCL 38.74; MSA 15.1974. In similar cases before the commission, the commission had also held that placement of a teacher on a schedule resulting in less of a raise than would have resulted from payment under the previous method did not constitute a demotion.”
Belanger v. Warren Consol. Sch. Dist., 443 N.W.2d 372 (Mich. 1989). · cites it 2× “" 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 contract of employment of any teacher employed as superintendent, assistant superintendent, or principal, made with…”
Lakeshore Bd. of Educ. v. Grindstaff, 461 N.W.2d 651 (Mich. 1990). · cites it 2× “" MCL 38.74; MSA 15.1974. This definition is sufficiently broad, as Justice LEVIN points out ( ante, p 356), to encompass certain discipline short of discharge, such as a temporary suspension without pay.”
Dodge v. Bd. of Educ. of Saginaw City Sch. Dist., 183 N.W.2d 793 (Mich. 1971). · cites it 4× “[2] MCLA § 38.74 (Stat Ann 1968 Rev § 15.1974).”
Anderson v. Harper Woods Pub. Sch. Dist., 253 N.W.2d 718 (Mich. Ct. App. 1977). · cites it 2× “Deeming a failure to recall a "demotion" is barred by the specific definition of "demotion" provided by MCLA 38.74; MSA 15.1974, namely, a reduction in compensation.”
LeGalley v. Bronson Cmty. Schs., 339 N.W.2d 223 (Mich. Ct. App. 1983). “MCL 38.74; MSA 15.1974 defines "demote” to mean "to reduce compensation or to transfer to a position carrying a lower salary”.”
Smiley v. Grand Blanc Bd. of Educ., 330 N.W.2d 416 (Mich. 1982). · cites it 2× “" MCL 38.74; MSA 15.1974. [2] Smiley was negotiating for a higher salary.”
Klender v. United States, 328 F. Supp. 2d 754 (E.D. Mich. 2004). · cites it 2× “” Mich. Comp. Laws § 38.74 . The Act states that “all charges against a teacher shall be made in writing” and “a copy of the charges shall be provided to the teacher.”
Street v. Ferndale Bd. of Educ., 104 N.W.2d 748 (Mich. 1960). “” Article 1, § 4, of the act (CL 1948, § 38.74 [Stat Ann 1959 Rev § 15.1974]), provides: “Sec.”
Michael Potts v. Gobles Pub. Sch. Dist., 676 F. App'x 562 (6th Cir. 2017). “See Mich. Comp. Laws § 38.74 (defining “demote,” in relevant part, as a suspension of fifteen days or longer).”
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