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

Mich. Comp. Laws § 380.1248 (2026)

Right or duty to engage in collective bargaining; minimum requirements for collective bargaining agreement; procedures for personnel decisions.

✓ current as of July 2026
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THE REVISED SCHOOL CODE


Act 451 of 1976


380.1248 Right or duty to engage in collective bargaining; minimum requirements for collective bargaining agreement; procedures for personnel decisions.

Sec. 1248.

    (1) This section does not prohibit, impair, or limit the right or duty of a public school employer and a collective bargaining representative to engage in collective bargaining under 1947 PA 336, MCL 423.201 to 423.217. However, a collective bargaining agreement must include, at a minimum, the standards in this section.

    (2) For teachers, as defined under section 1249, when filling a vacancy, placing a teacher in a classroom, or conducting a staffing or program reduction or any other personnel determination resulting in the elimination of a position, the board of a school district or intermediate school district or the board of directors of a public school academy shall not adopt, implement, maintain, or comply with a policy or collective bargaining agreement that provides length of service as the sole factor in personnel decisions. This subsection does not prevent length of service from being considered as a tiebreaker if a personnel decision involves 2 or more employees and all other factors distinguishing those employees from each other are equal.

    (3) The board of a school district or intermediate school district or board of directors of a public school academy shall adopt, implement, maintain, and comply with clear and transparent procedures for all personnel decisions under this section. Effectiveness as measured under the performance evaluation system in section 1249 or as otherwise collectively bargained must be used as a factor for personnel decisions under this section. Any other relevant factors may be used for personnel decisions under this section, including, but not limited to, the following:

    (a) The teacher's length of service in a grade level or subject area.

    (b) The teacher's disciplinary record.

    (c) Relevant special training. This factor may be based on completion of relevant training other than the professional development or continuing education that is required by the employer or by state law, and integration of that training into instruction in a meaningful way.

    

    

History: Add. 2011, Act 102, Imd. Eff. July 19, 2011 ;-- Am. 2023, Act 116, Eff. July 1, 2024

Compiler's Notes:

    For transfer of powers and duties of governor's council on educator effectiveness to department of technology, management and budget, and renaming to Michigan council for educator effectiveness, see E.R.O. No. 2012-2, compiled at MCL 18.444.

PopularName Notes:

Act 451
Notes of Decisions
Cited in 22 cases (2 in the last 5 years), 2013–2021 · leading case: Southfield Educ. Ass'n v. Bd. of Educ. of the Southfield Pub. Sch., 909 N.W.2d 1 (Mich. Ct. App. 2017).
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Southfield Educ. Ass'n v. Bd. of Educ. of the Southfield Pub. Sch., 909 N.W.2d 1 (Mich. Ct. App. 2017). · cites it 19× “*357 Plaintiffs, Southfield Education Association (the union) and Velma Smith, appeal as of right an order denying plaintiffs' motion for summary disposition of Count I (violation of MCL 380.1248 ) of plaintiffs' five-count complaint and, instead, granting summary disposition in…”
Summer v. Southfield Bd. of Educ., 874 N.W.2d 150 (Mich. Ct. App. 2015). · cites it 30× “First, defendants contended that plaintiff failed to set forth a cause of action under MCL 380.1248 because plaintiff admitted that she was laid off after being rated minimally effective, did not allege that the evaluation process failed to follow the procedure required under…”
Meredith Summer v. Southfield Bd. of Educ., 919 N.W.2d 641 (Mich. Ct. App. 2018). · cites it 27× “In furtherance thereof, § 1248 requires the "school district [to] adopt[ ] ... a policy that provides that all personnel decisions when conducting a staffing or program reduction .”
Shelby Baumgartner v. Perry Pub. Schs., 309 Mich. App. 507 (Mich. Ct. App. 2015). · cites it 21× “Respondents faced budgetary restrictions during 2011 and 2012, and accordingly reduced their staff sizes using the layoff method mandated by two sections of the Revised School Code 12 enacted as part of the 2011 Amendments: MCL 380.1248 13 and MCL 380.1249. 14 No longer having…”
Garden City Educ. Ass'n v. Sch. Dist., 975 F. Supp. 2d 780 (E.D. Mich. 2013). · cites it 11× “§§ 380.1248 and 380.1249 (Count I), and due process violations under the United States and Michigan Constitutions (Count II).”
Wayne Cnty. v. Afscme Local 3317, 928 N.W.2d 709 (Mich. Ct. App. 2018). · cites it 3× “] This Court observed that MCL 380.1248 explicitly identifies the sole remedy for laid-off teachers, providing that a " ' teacher's sole and exclusive remedy shall be an order of reinstatement commencing 30 days after a decision by a court of competent jurisdiction .”
Southfield Educ. Ass'n v. Bd. of Educ. of the Southfield Pub. Sch., 319 F. Supp. 3d 898 (E.D. Mich. 2018). · cites it 2× “" Mich. Comp. Laws § 380.1248 (1)(b). And "[e]ffectiveness shall be measured by the performance evaluation system under section [380.”
Madison Teachers, Inc. v. Scott Walker, 2014 WI 99 (Wis. 2014). · cites it 2× “5; Mich. Comp. Laws § 380.1248 ; 115 Ill. Comp.”
Schwein v. Bd. of Educ. of the Riverview Cmty. Sch. Dist., 335 F. Supp. 3d 964 (E.D. Mich. 2018). · cites it 12× “Procedural Background On October 6, 2017, this action was brought by Plaintiff Jennifer Schwein ("Schwein") against the Board of Education of the Riverview Community School District (the "Riverview Board") and Riverview Community School District ("RCSD") (collectively,…”
Meredith Summer v. Southfield Bd. of Educ. (Mich. Ct. App. 2018). · cites it 26× “In furtherance thereof, § 1248 requires the “school district [to] adopt [] . . . a policy that provides that all personnel decisions when conducting a staffing or program reduction .”
Shelby Baumgartner v. Perry Pub. Schs. (Mich. Ct. App. 2015). · cites it 19× “No longer having the protection of LIFO in labor agreements (and therefore losing MERC as an option to adjudicate their objections), petitioners’ lawyers cited our Court’s 1975 decision, and initiated these suits before the Michigan Department of Education in 2012. In each case,…”
Susan H Farr v. St Johns Pub. Schs. (Mich. Ct. App. 2015). · cites it 15× “Instead, defendants claimed that plaintiffs were subject to MCL 380.1248, a recent legislative enactment that required consideration of performance and not seniority in the context of layoff determinations unless a preexisting collective bargaining agreement demanded otherwise.”
Show all 22 citing cases →
— Mich. Comp. Laws § 380.1248(1) — 6 cases
Southfield Educ. Ass'n v. Bd. of Educ. of the Southfield Pub. Sch., 909 N.W.2d 1 (Mich. Ct. App. 2017). “*357 Plaintiffs, Southfield Education Association (the union) and Velma Smith, appeal as of right an order denying plaintiffs' motion for summary disposition of Count I (violation of MCL 380.1248 ) of plaintiffs' five-count complaint and, instead, granting summary disposition in…”
Summer v. Southfield Bd. of Educ., 874 N.W.2d 150 (Mich. Ct. App. 2015). “First, defendants contended that plaintiff failed to set forth a cause of action under MCL 380.1248 because plaintiff admitted that she was laid off after being rated minimally effective, did not allege that the evaluation process failed to follow the procedure required under…”
Meredith Summer v. Southfield Bd. of Educ., 919 N.W.2d 641 (Mich. Ct. App. 2018). “In furtherance thereof, § 1248 requires the "school district [to] adopt[ ] ... a policy that provides that all personnel decisions when conducting a staffing or program reduction .”
Meredith Summer v. Southfield Bd. of Educ. (Mich. Ct. App. 2018). “In furtherance thereof, § 1248 requires the “school district [to] adopt [] . . . a policy that provides that all personnel decisions when conducting a staffing or program reduction .”
Susan H Farr v. St Johns Pub. Schs. (Mich. Ct. App. 2015). “Instead, defendants claimed that plaintiffs were subject to MCL 380.1248, a recent legislative enactment that required consideration of performance and not seniority in the context of layoff determinations unless a preexisting collective bargaining agreement demanded otherwise.”
— Mich. Comp. Laws § 380.1248(1)(a) — 1 case
Timothy Sebald v. Belding Area Schs. (Mich. Ct. App. 2021).
— Mich. Comp. Laws § 380.1248(1)(b) — 6 cases
Meredith Summer v. Southfield Bd. of Educ., 919 N.W.2d 641 (Mich. Ct. App. 2018). “In furtherance thereof, § 1248 requires the "school district [to] adopt[ ] ... a policy that provides that all personnel decisions when conducting a staffing or program reduction .”
Southfield Educ. Ass'n v. Bd. of Educ. of the Southfield Pub. Sch., 909 N.W.2d 1 (Mich. Ct. App. 2017). “*357 Plaintiffs, Southfield Education Association (the union) and Velma Smith, appeal as of right an order denying plaintiffs' motion for summary disposition of Count I (violation of MCL 380.1248 ) of plaintiffs' five-count complaint and, instead, granting summary disposition in…”
Summer v. Southfield Bd. of Educ., 874 N.W.2d 150 (Mich. Ct. App. 2015). “First, defendants contended that plaintiff failed to set forth a cause of action under MCL 380.1248 because plaintiff admitted that she was laid off after being rated minimally effective, did not allege that the evaluation process failed to follow the procedure required under…”
Meredith Summer v. Southfield Bd. of Educ. (Mich. Ct. App. 2018). “In furtherance thereof, § 1248 requires the “school district [to] adopt [] . . . a policy that provides that all personnel decisions when conducting a staffing or program reduction .”
Timothy Sebald v. Belding Area Schs. (Mich. Ct. App. 2021).
— Mich. Comp. Laws § 380.1248(1)(b)(i) — 2 cases
Meredith Summer v. Southfield Bd. of Educ. (Mich. Ct. App. 2018). “In furtherance thereof, § 1248 requires the “school district [to] adopt [] . . . a policy that provides that all personnel decisions when conducting a staffing or program reduction .”
Shelby Baumgartner v. Perry Pub. Schs. (Mich. Ct. App. 2015). “No longer having the protection of LIFO in labor agreements (and therefore losing MERC as an option to adjudicate their objections), petitioners’ lawyers cited our Court’s 1975 decision, and initiated these suits before the Michigan Department of Education in 2012. In each case,…”
— Mich. Comp. Laws § 380.1248(1)(c) — 2 cases
Garden City Educ. Ass'n v. Sch. Dist., 975 F. Supp. 2d 780 (E.D. Mich. 2013). “§§ 380.1248 and 380.1249 (Count I), and due process violations under the United States and Michigan Constitutions (Count II).”
Shelby Baumgartner v. Perry Pub. Schs. (Mich. Ct. App. 2015). “No longer having the protection of LIFO in labor agreements (and therefore losing MERC as an option to adjudicate their objections), petitioners’ lawyers cited our Court’s 1975 decision, and initiated these suits before the Michigan Department of Education in 2012. In each case,…”
— Mich. Comp. Laws § 380.1248(2) — 3 cases
Garden City Educ. Ass'n v. Sch. Dist., 975 F. Supp. 2d 780 (E.D. Mich. 2013). “§§ 380.1248 and 380.1249 (Count I), and due process violations under the United States and Michigan Constitutions (Count II).”
Susan H Farr v. St Johns Pub. Schs. (Mich. Ct. App. 2015). “Instead, defendants claimed that plaintiffs were subject to MCL 380.1248, a recent legislative enactment that required consideration of performance and not seniority in the context of layoff determinations unless a preexisting collective bargaining agreement demanded otherwise.”
Pontiac Sch. Dist. v. Pontiac Educ. Ass'n (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 380.1248(3) — 10 cases
Summer v. Southfield Bd. of Educ., 874 N.W.2d 150 (Mich. Ct. App. 2015). “First, defendants contended that plaintiff failed to set forth a cause of action under MCL 380.1248 because plaintiff admitted that she was laid off after being rated minimally effective, did not allege that the evaluation process failed to follow the procedure required under…”
Meredith Summer v. Southfield Bd. of Educ., 919 N.W.2d 641 (Mich. Ct. App. 2018). “In furtherance thereof, § 1248 requires the "school district [to] adopt[ ] ... a policy that provides that all personnel decisions when conducting a staffing or program reduction .”
Shelby Baumgartner v. Perry Pub. Schs., 309 Mich. App. 507 (Mich. Ct. App. 2015). “Respondents faced budgetary restrictions during 2011 and 2012, and accordingly reduced their staff sizes using the layoff method mandated by two sections of the Revised School Code 12 enacted as part of the 2011 Amendments: MCL 380.1248 13 and MCL 380.1249. 14 No longer having…”
Wayne Cnty. v. Afscme Local 3317, 928 N.W.2d 709 (Mich. Ct. App. 2018). “] This Court observed that MCL 380.1248 explicitly identifies the sole remedy for laid-off teachers, providing that a " ' teacher's sole and exclusive remedy shall be an order of reinstatement commencing 30 days after a decision by a court of competent jurisdiction .”
Southfield Educ. Ass'n v. Bd. of Educ. of the Southfield Pub. Sch., 909 N.W.2d 1 (Mich. Ct. App. 2017). “*357 Plaintiffs, Southfield Education Association (the union) and Velma Smith, appeal as of right an order denying plaintiffs' motion for summary disposition of Count I (violation of MCL 380.1248 ) of plaintiffs' five-count complaint and, instead, granting summary disposition in…”
— Mich. Comp. Laws § 380.1248(3)(c) — 1 case
Meredith Summer v. Southfield Bd. of Educ. (Mich. Ct. App. 2018). “In furtherance thereof, § 1248 requires the “school district [to] adopt [] . . . a policy that provides that all personnel decisions when conducting a staffing or program reduction .”
— Mich. Comp. Laws § 380.1248(l)(a) — 1 case
Garden City Educ. Ass'n v. Sch. Dist., 975 F. Supp. 2d 780 (E.D. Mich. 2013). “§§ 380.1248 and 380.1249 (Count I), and due process violations under the United States and Michigan Constitutions (Count II).”
— Mich. Comp. Laws § 380.1248(l)(b) — 2 cases
Summer v. Southfield Bd. of Educ., 874 N.W.2d 150 (Mich. Ct. App. 2015). “First, defendants contended that plaintiff failed to set forth a cause of action under MCL 380.1248 because plaintiff admitted that she was laid off after being rated minimally effective, did not allege that the evaluation process failed to follow the procedure required under…”
Garden City Educ. Ass'n v. Sch. Dist., 975 F. Supp. 2d 780 (E.D. Mich. 2013). “§§ 380.1248 and 380.1249 (Count I), and due process violations under the United States and Michigan Constitutions (Count II).”
— Mich. Comp. Laws § 380.1248(l)(b)(i) — 2 cases
Summer v. Southfield Bd. of Educ., 874 N.W.2d 150 (Mich. Ct. App. 2015). “First, defendants contended that plaintiff failed to set forth a cause of action under MCL 380.1248 because plaintiff admitted that she was laid off after being rated minimally effective, did not allege that the evaluation process failed to follow the procedure required under…”
Shelby Baumgartner v. Perry Pub. Schs., 309 Mich. App. 507 (Mich. Ct. App. 2015). “Respondents faced budgetary restrictions during 2011 and 2012, and accordingly reduced their staff sizes using the layoff method mandated by two sections of the Revised School Code 12 enacted as part of the 2011 Amendments: MCL 380.1248 13 and MCL 380.1249. 14 No longer having…”
— Mich. Comp. Laws § 380.1248(l)(c) — 1 case
Shelby Baumgartner v. Perry Pub. Schs., 309 Mich. App. 507 (Mich. Ct. App. 2015). “Respondents faced budgetary restrictions during 2011 and 2012, and accordingly reduced their staff sizes using the layoff method mandated by two sections of the Revised School Code 12 enacted as part of the 2011 Amendments: MCL 380.1248 13 and MCL 380.1249. 14 No longer having…”
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