Mich. Comp. Laws » Michigan Compiled Laws / Chapter 380 / Act 451 of 1976
Michigan Compiled Laws

Mich. Comp. Laws § 380.1229 (2026)

Employment of superintendent and administrators; notification of contract nonrenewal; meeting with board; contract with intermediate school district or another person to serve as superintendent of schools.

✓ current as of July 2026
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THE REVISED SCHOOL CODE


Act 451 of 1976


380.1229 Employment of superintendent and administrators; notification of contract nonrenewal; meeting with board; contract with intermediate school district or another person to serve as superintendent of schools.

Sec. 1229.

    (1) Except as otherwise provided in subsection (4), the board of a school district, other than a school district that was organized as a primary school district during the 1995-1996 school year, or of an intermediate school district shall employ a superintendent of schools, who shall meet the requirements of section 1246. The superintendent shall not be a member of the board. Employment of a superintendent shall be by written contract. The term of the superintendent's contract shall be fixed by the board, not to exceed 5 years. If written notice of nonrenewal of the contract of a superintendent is not given at least 90 days before the termination of the contract, the contract is renewed for an additional 1-year period. However, for the superintendent of a community district, the minimum time period for the written notice required under this subsection is 30 days.

    (2) The board of a school district or intermediate school district may employ assistant superintendents, principals, assistant principals, guidance directors, and other administrators who do not assume tenure in that position under 1937 (Ex Sess) PA 4, MCL 38.71 to 38.191. The employment shall be by written contract. The term of the employment contract shall be fixed by the board, not to exceed 3 years. The board shall prescribe the duties of an individual described in this subsection. If written notice of nonrenewal of the contract of an individual described in this subsection is not given at least 60 days before the termination date of the contract, the contract is renewed for an additional 1-year period. However, for an individual described in this subsection who is employed by a community district, the minimum time period for the written notice required under this subsection is 30 days.

    (3) A notification of nonrenewal of contract of an individual described in subsection (2) may be given only for a reason that is not arbitrary or capricious. The board shall not issue a notice of nonrenewal under this section unless the affected individual has been provided with not less than 30 days' advance notice that the board is considering the nonrenewal together with a written statement of the reasons the board is considering the nonrenewal. However, for an individual described in subsection (2) who is employed by a community district, the minimum time period for the advance notice required under this subsection is 7 days. After the issuance of the written statement, but before the nonrenewal statement is issued, the affected individual shall be given the opportunity to meet with not less than a majority of the board to discuss the reasons stated in the written statement. The meeting shall be open to the public or a closed session, as the affected individual elects under section 8 of the open meetings act, 1976 PA 267, MCL 15.268. If the board fails to provide for a meeting with the board, or if a court finds that the reason for nonrenewal is arbitrary or capricious, the affected individual's contract is renewed for an additional 1-year period. This subsection does not apply to the nonrenewal of the contract of a superintendent of schools described in subsection (1).

    (4) A school district, instead of directly employing a superintendent of schools, may contract with its intermediate school district for the intermediate superintendent to serve as the superintendent of schools for the school district or for the intermediate school district to provide another person to serve as superintendent of schools for the school district or may contract with another person, including, but not limited to, the superintendent of another school district, to serve as superintendent of schools for the school district. If a school district does not operate a public school directly on its own, the school district is not required to employ a superintendent.

History: Add. 1995, Act 289, Eff. Mar. 28, 1996 ;-- Am. 2011, Act 105, Imd. Eff. July 19, 2011 ;-- Am. 2016, Act 192, Imd. Eff. June 21, 2016

PopularName Notes:

Act 451
Notes of Decisions
Cited in 7 cases (4 in the last 5 years), 1996–2023 · leading case: Mantei v. Michigan Pub. Sch. Employees Ret. Sys., 663 N.W.2d 486 (Mich. Ct. App. 2003).
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Mantei v. Michigan Pub. Sch. Employees Ret. Sys., 663 N.W.2d 486 (Mich. Ct. App. 2003). · cites it 2× “11a(3)(d) and (4); MCL 380.1229(2). Relevant to the present appeal is that portion of § 61 that places limits on a retirant’s retirement allowance when the retirant “becomes employed by a reporting unit” and earns specified wages.”
Johnson v. Lewis Cass Intermediate Sch. Dist. (In Re Johnson), 345 B.R. 816 (Bankr. W.D. Mich. 2006). · cites it 2× “In that complaint, the Debtor alleges that the non-renewal of her contract was arbitrary and capricious under Mich. Comp. Laws Ann. § 380.1229 , violated her civil rights under 42 U.”
Sanders v. Delton Kellogg Schs., 556 N.W.2d 467 (Mich. 1996). · cites it 2× “Notification of nonrenewal of contract shall be given in writing at least 60 days before the contract termination date or the contract is renewed for an additional 1-year period.”
Adamczyk v. Sch. Dist. of the City of Hamtramck Pub. Schs. (E.D. Mich. 2023). · cites it 27× “See ECF 39-3, PgID 900; Mich. Comp. Laws 380.1229. Defendants failed to seek non-renewal pursuant to the procedures set forth under section 380.”
Brown v. Madison Dist. Pub. Schs. (E.D. Mich. 2023). · cites it 3× “§ 380.1229. Morales filed a cause of action alleging violations of: (1) 42 U.”
20230126_C360706_28_360706.Opn.Pdf (Mich. Ct. App. 2023). · cites it 2× “See MCL 380.1229(1) (providing in relevant part that “the board of a school district .”
Imbrunone v. Hamtramck Sch. Dist. (E.D. Mich. 2023). · cites it 2× “(“PWDCRA”); • Count IX – breach of contract; • Count X – violation of section 1299 of Michigan’s Revised School Code, Mich. Comp. Laws § 380.1229 ; • Count XI – intentional interference with contractual relations; • Count XII – defamation and defamation per se; • Count XIII –…”
— Mich. Comp. Laws § 380.1229(1) — 1 case
20230126_C360706_28_360706.Opn.Pdf (Mich. Ct. App. 2023). “See MCL 380.1229(1) (providing in relevant part that “the board of a school district .”
— Mich. Comp. Laws § 380.1229(2) — 2 cases
Mantei v. Michigan Pub. Sch. Employees Ret. Sys., 663 N.W.2d 486 (Mich. Ct. App. 2003). “11a(3)(d) and (4); MCL 380.1229(2). Relevant to the present appeal is that portion of § 61 that places limits on a retirant’s retirement allowance when the retirant “becomes employed by a reporting unit” and earns specified wages.”
Adamczyk v. Sch. Dist. of the City of Hamtramck Pub. Schs. (E.D. Mich. 2023). “See ECF 39-3, PgID 900; Mich. Comp. Laws 380.1229. Defendants failed to seek non-renewal pursuant to the procedures set forth under section 380.”
— Mich. Comp. Laws § 380.1229(3) — 1 case
Adamczyk v. Sch. Dist. of the City of Hamtramck Pub. Schs. (E.D. Mich. 2023). “See ECF 39-3, PgID 900; Mich. Comp. Laws 380.1229. Defendants failed to seek non-renewal pursuant to the procedures set forth under section 380.”
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