TEACHERS' TENURE
Act 4 of 1937 (Ex. Sess.)
38.92 Teacher on continuing tenure; employment by another controlling board.
Sec. 2.
If a teacher on continuing tenure is employed by another controlling board, the teacher is not subject to another probationary period of more than 2 years beginning with the date of employment, and may at the option of the controlling board be placed immediately on continuing tenure. A notice provided under section 3 of article 2 shall be given not later than 60 days before the completion of the probationary period. If a teacher on continuing tenure becomes an employee of another controlling board as a result of school district annexation, consolidation or other form of school district reorganization, the teacher shall be placed on continuing tenure within 30 days unless the controlling board, by a 2/3 vote on an individual basis, places the teacher on not more than 2 years' probation. However, if such a teacher is under contract but not on continuing tenure with the employing board as of the effective date of the amendatory act that added this sentence, the teacher is not subject to another probationary period of more than 1 year beginning with the date of employment.
History: 1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937 ;-- CL 1948, 38.92 ;-- Am. 1967, Act 216, Imd. Eff. July 10, 1967 ;-- Am. 1993, Act 59, Imd. Eff. June 11, 1993
PopularName Notes:
Teachers' Tenure Act
Notes of Decisions
Tomiak v. Hamtramck Sch. Dist., 397 N.W.2d 770 (Mich. 1986).
· cites it 6× “MCL 38.92; MSA 15.1992. 7 Included in the first *696 right are the full tenure rights in the original school district.”
Bode v. Roseville Sch. Dist., 275 N.W.2d 472 (Mich. 1979).
· cites it 10× “MCL 38.92; MSA 15.1992. His employment by Roseville under an oral contract as an administrative assistant from March, 1970 until July of that year, did not give him tenure as a superintendent.”
Appoloni v. United States, 450 F.3d 185 (6th Cir. 2006).
· cites it 2× “Mich. Comp. Laws § 38.92 . Appoloni obtained tenure in 1990, Bergemann obtained tenure in 1970, and Engle obtained tenure in 1975.”
Rumph v. Wayne Cmty. Sch. Dist., 188 N.W.2d 71 (Mich. Ct. App. 1971).
· cites it 2× “2001); may transfer districts without being subjected to the two-year probationary status under Article II, MCLA § 38.92 (Stat Ann 1968 Rev § 15.1992); given priority when vacancy arises if employment terminated because of necessary reduction in personnel in the school district,…”
Thorin v. Bloomfield Hills Sch. Dist., 445 N.W.2d 448 (Mich. Ct. App. 1989).
“MCL 38.92; MSA 15.1992. In addition to reiterating this contention, petitioner also raises claimed deficiencies in the appellate procedure practiced by the circuit court.”
Imbrunone v. Inkster Pub. Schs., 410 N.W.2d 300 (Mich. Ct. App. 1987).
“Following a hearing, the tenure commission held that, upon completion of the 1979-80 school year, petitioner had obtained permanent tenure in all three school districts, MCL 38.92; MSA 15.1992, and that she was tenured not only as a classroom teacher but also as an advisor and…”
Memphis Cmty. Schs. v. Henderson, 394 N.W.2d 12 (Mich. Ct. App. 1986).
“” MCL 38.92; MSA 15.1992. "At least 60 days before the close of each school year, the controlling board [must] provide the probationary teacher with a definite written statement as to whether or not his work has been *50 satisfactory.”
Ellis v. Wakefield Twp. Sch. Dist., 261 N.W.2d 320 (Mich. Ct. App. 1977).
“1981 provides: "All teachers during the first two school years of employment shall be deemed to be in a period of probation:”.”
McKee v. Woodhaven Pub. Schs., 298 N.W.2d 881 (Mich. Ct. App. 1980).
“” Under MCL 38.92; MSA 15.1992, McKee was a tenured teacher in the Woodhaven School District *200 when he signed the initial contract, and had the capacity to waive his right to administrative tenure.”
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