Section 38.105 - Necessary reduction in personnel; first vacancy. - Michigan Statutes

TEACHERS' TENURE (EXCERPT)
Act 4 of 1937 (Ex. Sess.)

38.105 Necessary reduction in personnel; first vacancy.

Sec. 5.

For a period of 3 years after the effective date of the termination of the teacher's services, a teacher on continuing tenure whose services are terminated because of a necessary reduction in personnel shall be appointed to the first vacancy in the school district for which the teacher is certificated and qualified. However, for a teacher on continuing tenure in a school district whose services were terminated before the effective date of the amendatory act that added this sentence, the teacher's right under this section to be appointed to the first vacancy in the school district for which the teacher is certificated and qualified shall continue for a period of 3 years after the effective date of the amendatory act that added this sentence. This section does not prevent a school district from reemploying after the 3-year period specified in this section a teacher described in this section who was previously employed in that school district.

History: 1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937 ;-- CL 1948, 38.105 ;-- Am. 1993, Act 59, Imd. Eff. June 11, 1993
Constitutionality: Neither the teacher tenure act nor due process requires a full evidentiary hearing by a school board before the board may remove from a recall list the name of a laid-off teacher who has abandoned the right to recall. Tomiak v Hamtramck School District, 426 Mich 678; 397 NW2d 770 (1986).
Popular Name: Teachers' Tenure Act