2011 House Bill 4626 / Public Act 100

Teacher tenure reform

Introduced in the House

May 10, 2011

Introduced by Rep. Paul Scott (R-51)

To revise a provision that prohibits firing or demoting a public school teacher except for "reasonable and just cause,” changing this to “for a reason that is not arbitrary and capricious.” Also, to only pay a suspended teacher for 90 days, unless the suspension is reversed in an appeal hearing. Finally, to revise the definition of a “demotion” of a teacher (which triggers a host of procedural mandates), from a loss of pay equal to three days of employment to a loss equal to 40 days.

Referred to the Committee on Education

May 19, 2011

Reported without amendment

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

June 8, 2011

Substitute offered

To replace the previous version of the bill with one that revises details but does not change the substance as previously described.

The substitute passed by voice vote

Amendment offered by Rep. Tim Melton (D-29)

To change the proposed definition of "demoted" to a reduction in annual pay equal to 30 days pay rather than 40 days, or suspended for 15 days rather than 20.

The amendment passed by voice vote

Amendment offered by Rep. Jim Townsend (D-26)

To eliminate the tie-bar of the bill to House Bill 4628, which prohibits this bill from becoming law unless that one does also. HB 4628 would prohibit teacher unions from bargaining over staffing decisions, including assignments, promotions, demotions, transfers, layoffs, methods for assessing “effectiveness,” discipline and merit pay systems.

The amendment failed by voice vote

June 9, 2011

Passed in the House 61 to 46 (details)

To revise a provision that prohibits firing or demoting a public school teacher except for "reasonable and just cause,” changing this to “for a reason that is not arbitrary and capricious.” Also, to only pay a suspended teacher for 90 days, unless the suspension is reversed in an appeal hearing. Finally, to revise the definition of a “demotion” of a teacher (which triggers a host of procedural mandates), from a loss of pay equal to three days of employment to a loss equal to 30 days, or a 15 day suspension.

Received in the Senate

June 14, 2011

Referred to the Committee on Education

June 28, 2011

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

June 30, 2011

Substitute offered

To replace the previous version of the bill with one that revises details but does not change the substance as previously described.

The substitute passed by voice vote

Amendment offered by Sen. Tory Rocca (R-10)

To strip out the provision allowing a teacher to be fired for “for a reason that is not arbitrary and capricious," rather than requiring the employer to demonstrate the firing is for a "reasonable and just cause".

The amendment failed 17 to 19 (details)

Passed in the Senate 25 to 13 (details)

To revise a provision that prohibits firing or demoting a public school teacher except for "reasonable and just cause,” changing this to “for a reason that is not arbitrary and capricious.” Also, to only pay a suspended teacher for 60 days, unless the suspension is reversed in an appeal hearing. Finally, to revise the definition of a “demotion” of a teacher (which triggers a host of procedural mandates), from a loss of pay equal to three days of employment to a loss equal to 40 days over a year, or 20 consecutive days.

Received in the House

June 30, 2011

Amendment offered by Rep. Lisa Brown (D-39)

To strip out the provision allowing a teacher to be fired for “for a reason that is not arbitrary and capricious," rather than requiring the employer to demonstrate the firing is for a "reasonable and just cause".

The amendment failed by voice vote

Amendment offered by Rep. Lisa Brown (D-39)

To eliminate the tie-bar of the bill to House Bill 4628, which prohibits this bill from becoming law unless that one does also.

The amendment failed by voice vote

Passed in the House 60 to 48 (details)

To concur with the Senate-passed version of the bill.

Signed by Gov. Rick Snyder

July 19, 2011