THE REVISED SCHOOL CODE
Act 451 of 1976
380.1231 Hiring of teachers; teachers' contracts generally; teacher of record; dropout recovery program.
Sec. 1231.
(1) Except as otherwise provided in subsections (5) and (6), the board of a school district shall hire and contract with qualified teachers. Contracts with teachers must be in writing and signed on behalf of the school district by a majority of the board, by the president and secretary of the board, or by the superintendent of schools or an authorized representative of the board. The contracts must specify the wages agreed upon.
(2) The board of a school district shall file a teacher's contract with the secretary of the board and shall furnish a duplicate copy of the contract to the teacher.
(3) Except as otherwise provided under this act, a contract with a teacher is not valid unless the individual holds a valid teaching certificate or is engaged to teach under section 1233b at the time the contractual period begins or the individual is engaged to teach in a community district under section 1233c. A contract terminates if the certificate expires by limitation and is not renewed immediately or if it is suspended or revoked by proper legal authority.
(4) The board of a school district, after a teacher has been employed at least 2 consecutive years by the board, may enter into a continuing contract with a certificated teacher or a teacher engaged to teach under section 1233b or, for a community district, with an individual engaged to teach in a community district under section 1233c.
(5) The board of a school district that is a community district may employ or contract for, or both, qualified teachers and other qualified instructional personnel at a public school that formerly operated as an achievement school as necessary to carry out the purposes of the community district.
(6) If a school district partners with an education management organization for a dropout recovery program as described under section 23a of the state school aid act of 1979, MCL 388.1623a, the teacher of record for that program may be employed by or contracted through the education management organization.
(7) As used in this section:
(a) "Achievement school" means a public school formerly within the education achievement system that was operated, managed, authorized, established, or overseen by the achievement authority.
(b) "Education management organization" means that term as defined in section 23a of the state school aid act of 1979, MCL 388.1623a.
(c) "Teacher" does not include a substitute teacher.
(d) "Teacher of record" means that term as defined in section 23a of the state school aid act of 1979, MCL 388.1623a.
History: 1976, Act 451, Imd. Eff. Jan. 13, 1977 ;-- Am. 2002, Act 735, Eff. Mar. 31, 2003 ;-- Am. 2016, Act 192, Imd. Eff. June 21, 2016 ;-- Am. 2018, Act 235, Eff. Sept. 25, 2018 ;-- Am. 2020, Act 23, Imd. Eff. Jan. 31, 2020
PopularName Notes:
Act 451
Notes of Decisions
Chester v. Harper Woods Sch. Dist., 273 N.W.2d 916 (Mich. Ct. App. 1978).
· cites it 6× “In our opinion, construction of the tenure law in harmony with the expressed legislative policy to protect teachers from arbitrary and unreasonable practices does not permit a construction so liberal as to entirely destroy the right of a local board to independently determine…”
Martin v. East Lansing Sch. Dist., 483 N.W.2d 656 (Mich. Ct. App. 1992).
· cites it 2× “MCL 380.1231; MSA 15.41231. To allow verbal representations by staff administrators to bind the district without a written contract or action by the board itself would be to ignore the statute.”
Roek v. Chippewa Valley Bd. of Educ., 422 N.W.2d 680 (Mich. 1988).
“See also MCL 380.1231; MSA 15.41231. Plaintiff notes that the parties have stipulated that a position was available for him throughout the period in question.”
Breen v. Runkel, 614 F. Supp. 355 (W.D. Mich. 1985).
· cites it 2× “1 *358 The Court cannot accept plaintiffs’ argument that their classroom religious practices do not constitute “state action” and that the establishment clause, therefore, does not apply to their conduct.”
Schwein v. Bd. of Educ. of the Riverview Cmty. Sch. Dist., 335 F. Supp. 3d 964 (E.D. Mich. 2018).
· cites it 2× “The Michigan AG contends that the aforementioned provisions and language within TTA indicates that the *971 statute was meant to regulate teachers' contracts with local school boards.”
Sandra Parker v. Dearborn Pub. Schs. (Mich. Ct. App. 2019).
· cites it 4× “The trial court dismissed plaintiff’s breach of contract and promissory estoppel claims, holding that MCL 380.1231(1) categorically bars teachers from bringing a cause of actions against a school for breach of an oral contract.”
Dearborn Fed'n of Teachers Local 681 v. Dearborn Bd. of Educ., 431 N.W.2d 253 (Mich. Ct. App. 1988).
“See MCL 380.1231(1); MSA 15.41231(1). If, in the absence of statutory authority, a formal transfer procedure was implemented, the resultant divestment of the constituent school district’s authority to make its own hiring decisions would probably run afoul of the allocation of…”
— Mich. Comp. Laws § 380.1231(1) — 4 cases
Chester v. Harper Woods Sch. Dist., 273 N.W.2d 916 (Mich. Ct. App. 1978).
“In our opinion, construction of the tenure law in harmony with the expressed legislative policy to protect teachers from arbitrary and unreasonable practices does not permit a construction so liberal as to entirely destroy the right of a local board to independently determine…”
Martin v. East Lansing Sch. Dist., 483 N.W.2d 656 (Mich. Ct. App. 1992).
“MCL 380.1231; MSA 15.41231. To allow verbal representations by staff administrators to bind the district without a written contract or action by the board itself would be to ignore the statute.”
Sandra Parker v. Dearborn Pub. Schs. (Mich. Ct. App. 2019).
“The trial court dismissed plaintiff’s breach of contract and promissory estoppel claims, holding that MCL 380.1231(1) categorically bars teachers from bringing a cause of actions against a school for breach of an oral contract.”
Dearborn Fed'n of Teachers Local 681 v. Dearborn Bd. of Educ., 431 N.W.2d 253 (Mich. Ct. App. 1988).
“See MCL 380.1231(1); MSA 15.41231(1). If, in the absence of statutory authority, a formal transfer procedure was implemented, the resultant divestment of the constituent school district’s authority to make its own hiring decisions would probably run afoul of the allocation of…”
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