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Mackinac Center for Public Policy
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2011 House Bill 4626: Make it easier to fire ineffective teachers

Public Act 100 of 2011

  1. Introduced by Rep. Paul Scott (R) on May 10, 2011, 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 House Education Committee on May 10, 2011.
      • Reported in the House on May 19, 2011, with the recommendation that the substitute (H-2) be adopted and that the bill then pass.
    • Substitute offered in the House on June 8, 2011, 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 in the House on June 8, 2011.
    • Amendment offered by Rep. Tim Melton (D) on June 8, 2011, 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 in the House on June 8, 2011.
    • Amendment offered by Rep. Jim Townsend (D) on June 8, 2011, 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 in the House on June 8, 2011.
  2. Passed 61 to 46 in the House on June 9, 2011, 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.
    Who Voted "Yes" and Who Voted "No"

  3. Received in the Senate on June 14, 2011.
    • Referred to the Senate Education Committee on June 14, 2011.
      • Reported in the Senate on June 28, 2011, with the recommendation that the substitute (S-1) be adopted and that the bill then pass.
    • Substitute offered in the Senate on June 30, 2011, 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 in the Senate on June 30, 2011.
    • Amendment offered by Sen. Tory Rocca (R) on June 30, 2011, 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 in the Senate on June 30, 2011.
      Who Voted "Yes" and Who Voted "No"

  4. Passed 25 to 13 in the Senate on June 30, 2011, 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.
    Who Voted "Yes" and Who Voted "No"

  5. Received in the House on June 30, 2011.
    • Amendment offered by Rep. Lisa Brown (D) on June 30, 2011, 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 in the House on June 30, 2011.
    • Amendment offered by Rep. Lisa Brown (D) on June 30, 2011, 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 in the House on June 30, 2011.
  6. Passed 60 to 48 in the House on June 30, 2011, to concur with the Senate-passed version of the bill.
    Who Voted "Yes" and Who Voted "No"

  7. Signed by Gov. Rick Snyder on July 19, 2011.

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