2004 House Bill 5476 / Public Act 51

Introduced in the House

Feb. 5, 2004

Introduced by Rep. Craig DeRoche (R-38)

To require the suspension of the teacher's certificate of any teacher who has been convicted of any felony, or of certain serious misdemeanors related to child abuse, child sexual abuse, or selling drugs. Under the current teacher tenure law, suspension is only required for certain serious felonies, and extensive administrative procedures and hearings are required to dismiss a teacher except for certain very serious offences. The bill would also place this authority with the state superintendent of public instruction rather than the state board of education.

Referred to the Committee on Education

Feb. 11, 2004

Reported without amendment

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

Feb. 17, 2004

Substitute offered

To replace the previous version of the bill with one that gives the state superintendent of public instruction the authority in certain circumstances to reinstate the teaching certificate of a person who has been convicted and served their time, and makes other technical changes resulting from committee testimony and deliberation.

The substitute passed by voice vote

Substitute offered by Rep. Craig DeRoche (R-38)

To replace the previous version of the bill with one that gives the state superintendent of public instruction more discretion in deciding whether to suspend the teaching certificate of a person who has been convicted of certain specified felonies or misdemeanors, and which retains certain procedural actions required under current law before a convicted teacher can be suspended, but expedites the time frame for these. The substitute eliminates the provision requiring action against the certificate of a teacher convicted of any felony, and instead authorizes action based on convictions for an expanded list of specified felonies and serious misdemeanors. It also gives the superintendent authority in certain circumstances to reinstate the teaching certificate of a person who has been convicted and served their time.

The substitute passed by voice vote

Amendment offered by Rep. Craig DeRoche (R-38)

To clarify a provision authorizing the state superintendent of public instruction to retroactively take action against the teaching certificate of a person convicted of certain prior felonies under the provisions of the bill unless the crimes “adversely related to the person's present fitness to serve in an elementary or secondary school”.

The amendment passed by voice vote

Amendment offered by Rep. Craig DeRoche (R-38)

To require the expedited administrative procedures against the teaching certificate of convicted teachers to be initiated within five working days after the state superintendent of public instruction receives notice of the conviction.

The amendment passed by voice vote

Amendment offered by Rep. Craig DeRoche (R-38)

To require the state superintendent of public instruction to file quarterly reports to the legislature on actions taken during the period against the teaching certificate of teachers convicted of certain crimes as specified under the bill.

The amendment passed by voice vote

Amendment offered by Rep. Ken Bradstreet (R-105)

To clarify that the state superintendent of public instruction has the authority to summarily suspend the teaching certificate of a person convicted of soliciting sex from a minor under age 16, whether in person or over the Internet.

The amendment passed by voice vote

Amendment offered by Rep. Ken Bradstreet (R-105)

To clarify a technical provision in the bill so the language of the amended law is internally consistent.

The amendment passed by voice vote

Passed in the House 98 to 6 (details)

To give the state greater authority to suspend the teaching certificate of a person who has been convicted of certain specified felonies or misdemeanors, and place the authority with the state superintendent of public instruction rather than the state board of education. The superintendent would be prohibited from reinstating a person's teaching certificate without finding that the person was fit to serve in a school. Under current law, suspension is required for the teacher's certificate of any teacher who has been convicted of certain specified felonies. This provision would be broadened by the bill. The bill also establishes an expedited timetable for certain procedural actions required before a convicted teacher's certificate can be suspended, and requires quarterly reports to the legislature on actions taken during the period against the teaching certificates of convicted teachers.

Received in the Senate

Feb. 18, 2004

Referred to the Committee on Education

March 2, 2004

Reported without amendment

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

March 11, 2004

Substitute offered

To replace the previous version of the bill with one that further expands the discretion of the state superintendent in suspending the teaching certificates of convicted teachers.

The substitute passed by voice vote

March 16, 2004

Passed in the Senate 37 to 0 (details)

To give the state greater authority to suspend the teaching certificate of a person who has been convicted of certain specified felonies or misdemeanors, and place the authority with the state superintendent of public instruction rather than the state board of education. The superintendent would be prohibited from reinstating a person's teaching certificate without finding that the person was fit to serve in a school. Under current law, suspension is required for the teacher's certificate of any teacher who has been convicted of certain specified felonies. This provision would be broadened by the bill. The bill also establishes an expedited timetable for certain procedural actions required before a convicted teacher's certificate can be suspended, and requires quarterly reports to the legislature on actions taken during the period against the teaching certificates of convicted teachers.

Received in the House

March 16, 2004

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

Passed in the House 107 to 0 (details)

Signed by Gov. Jennifer Granholm

April 1, 2004