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

Mich. Comp. Laws § 38.81 (2026)

Teachers' probationary period; continuing tenure.

✓ current as of July 2026
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TEACHERS' TENURE


Act 4 of 1937 (Ex. Sess.)


38.81 Teachers' probationary period; continuing tenure.

Sec. 1.

    (1) Subject to subsections (2) and (3) and section 3b of this article, a teacher is in a probationary period during his or her first 5 full school years of employment.

    (2) Subject to section 3b of this article, a teacher under contract but not on continuing tenure as of the effective date of the 2011 amendatory act that amended this subsection is in a probationary period during his or her first 4 full school years of employment.

    (3) A teacher on continuing tenure as of the effective date of the 2011 amendatory act that amended this subsection continues to be on continuing tenure even if the teacher has not served for at least 5 full school years of employment.

History: 1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937 ;-- CL 1948, 38.81 ;-- Am. 1993, Act 59, Imd. Eff. June 11, 1993 ;-- Am. 2011, Act 101, Imd. Eff. July 19, 2011

TransferOfPowers Notes:

    See MCL 16.406.

PopularName Notes:

Teachers' Tenure Act
Notes of Decisions
Cited in 34 cases (1 in the last 5 years), 1972–2023 · leading case: Bode v. Roseville Sch. Dist., 275 N.W.2d 472 (Mich. 1979).
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Bode v. Roseville Sch. Dist., 275 N.W.2d 472 (Mich. 1979). · cites it 16× “During his first two years of employment as a superintendent in Clintondale, he was subject to the provisions of MCL 38.81; MSA 15.1981, which read in pertinent part: "All teachers during the first 2 school years of employment shall be deemed to be in a period of probation.”
Slater v. Ann Arbor Pub. Schs. Bd. of Educ., 648 N.W.2d 205 (Mich. Ct. App. 2002). · cites it 2× “Defendants refused, asserting that plaintiffs were required to serve a new four-year probationary period according to MCL 38.81. After filing a lawsuit, plaintiffs moved for summary disposition pursuant to MCR 2.”
Breuhan v. Plymouth-Canton Cmty. Schs., 389 N.W.2d 85 (Mich. 1986). · cites it 4× “MCL 38.81; MSA 15.1981. We are asked by defendant school district to use the "anniversary date” method long used by the State Tenure Commission.”
Detroit Fed'n of Teachers v. Detroit Bd. of Educ., 240 N.W.2d 225 (Mich. 1976). · cites it 6× “MCLA 38.81; MSA 15.1981. [3] During this period, the work of the probationary teacher is evaluated.”
Lipka v. Brown City Cmty. Schs., 271 N.W.2d 771 (Mich. 1978). · cites it 4× “"Defendants, however, point to MCL 38.81; MSA 15.1981, which states that `[a]ll teachers during the first 2 years of employment shall be deemed to be in a period of probation'.”
Bundo v. City of Walled Lake, 238 N.W.2d 154 (Mich. 1976). “See teacher tenure act, MCLA 38.81; MSA 15.1981. 13 Of course the MLCC may impose conditions upon the issuance of a license.”
Belanger v. Warren Consol. Sch. Dist., 443 N.W.2d 372 (Mich. 1989). · cites it 2× “[18] The term "teacher" includes "all certificated persons employed for a full school year by any board of education or controlling board of any public educational institution," and the successful completion of a probationary period is the only requirement for tenure status.”
Davis v. Harrison Cmty. Schs. Bd. of Educ., 342 N.W.2d 528 (Mich. Ct. App. 1983). · cites it 2× “We reject that interpretation primarily because its effect would be to require hundreds, perhaps thousands, of teachers to routinely serve more than two years of probation, thus conflicting with article II, § 1; MCL 38.81; MSA 15.1981. See, also, Wilson v Flint Bd of Ed, supra.”
Appoloni v. United States, 450 F.3d 185 (6th Cir. 2006). · cites it 2× “A public school teacher obtains tenure after satisfactorily completing a four-year (formerly two-year) probationary period of employment, Mich. Comp. Laws § 38.81 , and thereafter may be discharged or demoted only “for reasonable and just cause and only as provided in [the…”
Roek v. Chippewa Valley Bd. of Educ., 422 N.W.2d 680 (Mich. 1988). “10 ii Article II, § 1 of the teacher tenure act, MCL 38.81; MSA 15.1981 provides that the first two years of employment of a nontenured teacher are a period of probation.”
Kentwood Pub. Schs. v. Kent Cnty. Educ. Ass'n, 520 N.W.2d 682 (Mich. Ct. App. 1994). · cites it 2× “The applicable provisions of the teacher tenure act provide (1) that all teachers are probationary teachers during their first two years of teaching, MCL 38.81; MSA 15.1981; (2) that no teacher shall be required to serve more than one probationary period in any one school…”
Kaleva-Norman-Dickson Sch. Dist. No. 6 v. Kalevanorman-Dickson Sch. Teachers' Ass'n, 227 N.W.2d 500 (Mich. 1975). “We reverse the Court of Appeals and dissolve the injunction restraining arbitration of Urka’s *596 grievance for the reason that Urka’s claim does not pertain to a matter the parties specifically excluded from arbitration.”
Show all 34 citing cases →
— Mich. Comp. Laws § 38.81(1) — 1 case
VanGessel v. Lakewood Pub. Schs., 558 N.W.2d 248 (Mich. Ct. App. 1997).
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