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

Mich. Comp. Laws § 38.82 (2026)

Probationary period.

✓ current as of July 2026
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TEACHERS' TENURE


Act 4 of 1937 (Ex. Sess.)


38.82 Probationary period.

Sec. 2.

    A teacher shall not be required to serve more than 1 probationary period in any 1 school district or institution.

History: 1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937 ;-- CL 1948, 38.82 ;-- Am. 1993, Act 59, Imd. Eff. June 11, 1993 ;-- Am. 2011, Act 101, Imd. Eff. July 19, 2011

PopularName Notes:

Teachers' Tenure Act
Notes of Decisions
Cited in 14 cases, 1967–1994 · leading case: Amato v. Oxford Area Cmty. Sch. Dist. No 7, 266 N.W.2d 445 (Mich. 1978).
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Amato v. Oxford Area Cmty. Sch. Dist. No 7, 266 N.W.2d 445 (Mich. 1978). · cites it 21× “The sections in dispute are MCL 38.82; MSA 15.1982, "No teacher shall be required to serve more than 1 probationary period in any 1 school district or institution: Provided, That a third year of probation may be granted by the controlling board upon notice to the tenure…”
Davis v. Harrison Cmty. Schs. Bd. of Educ., 342 N.W.2d 528 (Mich. Ct. App. 1983). · cites it 3× “See MCL 38.82, 32.83; MSA 15.1982, 15.1983. Davis appeals.”
Amato v. Oxford Area Cmty. Sch. Dist. No. 7, 245 N.W.2d 728 (Mich. Ct. App. 1976). · cites it 4× “Since the prerequisite for tenure is satisfactory completion of the probationary period, and plaintiff's probationary period was legitimately extended to three years, she was not entitled to tenure after completion of two years as a teacher.”
Roek v. Chippewa Valley Bd. of Educ., 422 N.W.2d 680 (Mich. 1988). “12 The Court of Appeals did not specifically address the tenure issue. 13 This analysis would not necessarily apply if the teacher had acquired tenure through prior employment elsewhere or with the school district in question.”
Detroit Fed'n of Teachers v. Detroit Bd. of Educ., 240 N.W.2d 225 (Mich. 1976). · cites it 2× “" [3] MCLA 38.82; MSA 15.1982 allows a third year of probation in some circumstances.”
Kentwood Pub. Schs. v. Kent Cnty. Educ. Ass'n, 520 N.W.2d 682 (Mich. Ct. App. 1994). · cites it 2× “1981; (2) that no teacher shall be required to serve more than one probationary period in any one school district or institution, although a third year of probation may be granted in certain circumstances, MCL 38.82; MSA 15.1982; and (3) that at least sixty days before the close…”
Bode v. Roseville Sch. Dist., 275 N.W.2d 472 (Mich. 1979). · cites it 2× “A proper understanding of Bode's status and the validity of his claim of entitlement to tenure require a corresponding understanding of the interaction of the "continuing tenure" and "probationary period" provisions of MCL 38.”
Ferndale Educ. Ass'n v. Sch. Dist. for City of Ferndale 1, 242 N.W.2d 478 (Mich. Ct. App. 1976). “After her second year, she was not tenured but placed on another year’s probation as authorized by MCLA 38.82; MSA 15.1982. At the end of that additional year, she could only have been tenured or dismissed.”
Slocum v. Littlefield Pub. Schs. Bd. of Educ., 338 N.W.2d 907 (Mich. Ct. App. 1983). · cites it 2× “) MCL 38.82; MSA 15.1982. Absent such notice, the commission has held, a teacher who completes the initial two-year porobationary period is entitled to tenure.”
Osberry v. Watters, 151 N.W.2d 372 (Mich. Ct. App. 1967). “See, also, 53 Am Jur, Trial, § 475; 6 Callaghan’s Michigan Pleading and Practice (2d ed), Jury Trials, § 38.82, p 108. Affirmed. Appellee may have costs.”
Cadillac Area Pub. Schs. Bd. of Educ. v. Ward, 351 N.W.2d 873 (Mich. Ct. App. 1984). “First, the board claims that the commission and lower court both erred in concluding that the board’s action in placing Ward on a third year of probation was ineffective because the board failed to notify the tenure commission of its action as required by MCL 38.”
Wiljamaa v. Bd. of Ed. of City of Flint, 213 N.W.2d 830 (Mich. Ct. App. 1973). “…is not guilty of laches. Affirmed. 1 A third year of probation may be added upon notice to the tenure commission. MCLA 38.82; MSA 15.1982.”
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