ANNUAL LEGAL NOTICES
The link below provides information on annual legal notices for the district. The document speaks to the following topics:
- Protection of Pupil Rights Amendment (PPRA) Notice, Consent and Opt-Out Information
- Student and Family Right Concerning School Records (FERPA)
- Annual Asbestos Hazard Emergency Response Act (AHERA)
Public Education Plan (PEP) - Stormwater
The link below contains the various links that are requried to be displayed in the district as a part of the Public Education Plan (PEP) requirements of the Macomb Stormwater Management Plan. The required links within this document include:
- Community groups, organization, and resources for watershed groups and events.
- Household Hazardous Waste Disposal Resources
- Recreational Vehicle Waste Disposal Information
- Riparian Landowner Information
Badge Systems for Visitors, Volunteers, Guest Teachers and Staff
For security purposes, the district is continuing its practice of requiring all visitors, volunteers, guest teachers and staff to wear an identification badge while in any school building.
All persons entering a school building are requested to immediately report to the main office to obtain an identification badge.
Epinephrine Auto-Injector (EpiPen)
State of Michigan
Regular Session of 2013
Introduced by Reps. Lyons, Graves, Haines, Walsh and Lipton
Enrolled House Bill No. 4353
An act to amend 1976 PA 451, entitled “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 1178 and 1179 (MCL 380.1178 and 380.1179), section 1178 as amended by 2006 PA 48 and section 1179 as amended by 2004 PA 73, and by adding section 1179a.
The People of the State of Michigan enact:
(1) Subject to subsection (2), a school administrator, teacher, or other school employee designated by the school administrator, who in good faith administers medication to a pupil in the presence of another adult or in an emergency that threatens the life or health of the pupil, pursuant to written permission of the pupil’s parent or guardian, and in compliance with the instructions of a physician, physician’s assistant, or certified nurse practitioner, or a school employee who in good faith administers an epinephrine auto-injector to an individual consistent with the policies under section 1179a, is not liable in a criminal action or for civil damages as a result of an act or omission in the administration of the medication or epinephrine auto-injector, except for an act or omission amounting to gross negligence or willful and wanton misconduct.
(2) If a school employee is a licensed registered professional nurse, subsection (1) applies to that school employee regardless of whether the medication or epinephrine auto-injector is administered in the presence of another adult.
(3) A school district, nonpublic school, member of a school board, or director or officer of a nonpublic school is not liable for damages in a civil action for injury, death, or loss to person or property allegedly arising from a person acting under this section.
(1) If the conditions prescribed in subsection (2) are met, notwithstanding any school or school district policy to the contrary, a pupil of a public school or nonpublic school may possess and use 1 or more of the following at school, on school-sponsored transportation, or at any activity, event, or program sponsored by or in which the pupil’s school is participating:
(a) A metered dose inhaler or a dry powder inhaler to alleviate asthmatic symptoms or for use before exercise to prevent the onset of asthmatic symptoms.
(b) An epinephrine auto-injector or epinephrine inhaler to treat anaphylaxis.
(2) Subsection (1) applies to a pupil if all of the following conditions are met:
(a) The pupil has written approval to possess and use the inhaler or epinephrine auto-injector as described in subsection (1) from the pupil’s physician or other health care provider authorized by law to prescribe an inhaler or epinephrine auto-injector and, if the pupil is a minor, from the pupil’s parent or legal guardian.
(b) The principal or other chief administrator of the pupil’s school has received a copy of each written approval required under subdivision (a) for the pupil.
(c) There is on file at the pupil’s school a written emergency care plan that contains specific instructions for the pupil’s needs, that is prepared by a physician licensed in this state in collaboration with the pupil and the pupil’s parent or legal guardian, and that is updated as necessary for changing circumstances.
(3) A school district, nonpublic school, member of a school board, director or officer of a nonpublic school, or employee of a school district or nonpublic school is not liable for damages in a civil action for injury, death, or loss to person or property allegedly arising from a pupil being prohibited by an employee of the school or school district from using an inhaler or epinephrine auto-injector because of the employee’s reasonable belief formed after a reasonable and ordinary inquiry that the conditions prescribed in subsection (2) had not been satisfied. A school district, nonpublic school, member of a school board, director or officer of a nonpublic school, or employee of a school district or nonpublic school is not liable for damages in a civil action for injury, death, or loss to person or property allegedly arising from a pupil being permitted by an employee of the school or school district to use or possess an inhaler or epinephrine auto-injector because of the employee’s reasonable belief formed after a reasonable and ordinary inquiry that the conditions prescribed in subsection (2) had been satisfied. This subsection does not eliminate, limit, or reduce any other immunity or defense that a school district, nonpublic school, member of a school board, director or officer of a nonpublic school, or employee of a school district or nonpublic school may have under section 1178 or other state law.
(4) As part of its general powers, a school district may request a pupil’s parent or legal guardian to provide an extra inhaler or epinephrine auto-injector to designated school personnel for use in case of emergency. A parent or legal guardian is not required to provide an extra inhaler or epinephrine auto-injector to school personnel.
(5) A principal or other chief administrator who is aware that a pupil is in possession of an inhaler or epinephrine auto-injector pursuant to this section shall notify each of the pupil’s classroom teachers of that fact and of the provisions of this section.
(6) As used in this section and in section 1179a:
(a) “School board” includes a school board, intermediate school board, or the board of directors of a public school academy.
(b) “School district” includes a school district, intermediate school district, or public school academy.
(1) Beginning with the 2014-2015 school year, a school board shall ensure that, in each school it operates with an instructional and administrative staff of at least 10, there are at least 2 employees at the school who have been trained in the appropriate use and administration of an epinephrine auto-injector and that, in each school it operates with an instructional and administrative staff of fewer than 10, there is at least 1 employee at the school who has been trained in the appropriate use and administration of an epinephrine auto-injector. The training required under this subsection shall be conducted under the supervision of, and shall include evaluation by, a licensed registered professional nurse.
(2) Not later than the beginning of the 2014-2015 school year, a school board shall develop and implement policies that are consistent with the department’s medication administration guidelines, as revised under subsection (4), and that provide for the possession of at least 2 epinephrine auto-injectors in each school operated by the school board to be used for administration by a licensed registered professional nurse who is employed or contracted by the school district or by a school employee who is trained in the administration of an epinephrine auto-injector under subsection (1) and is authorized to administer an epinephrine auto-injector under the policies. The policies shall authorize a licensed registered professional nurse who is employed or contracted by the school district or a school employee who is trained in the administration of an epinephrine auto-injector under subsection (1) to administer an epinephrine auto-injector to a pupil who has a prescription on file at the school. The policies also shall authorize a licensed registered professional nurse who is employed or contracted by the school district or a school employee who is trained in the administration of an epinephrine auto-injector under subsection (1) to administer an epinephrine auto-injector to any other individual on school grounds who is believed to be having an anaphylactic reaction. The policies also shall require notification to the parent or legal guardian of a pupil to whom an epinephrine auto-injector has been administered.
(3) A licensed registered professional nurse who is employed or contracted by the school district or a school employee who is trained in the administration of an epinephrine auto-injector under subsection (1) may possess and administer an epinephrine auto-injector.
(4) The department, in conjunction with the department of community health and with input from the Michigan association of school nurses, the Michigan nurses association, the Michigan parent teacher association, the American college of allergy, asthma, and immunology, the Michigan chapter of the American academy of pediatrics, the 3 EHB 4353 school-community health alliance of Michigan, and other school health organizations and entities, shall identify, develop, and adopt appropriate revisions to the medication administration guidelines issued by the department, including, but not limited to, those relating to the specification of training needs and requirements for the administration and maintenance of stock epinephrine auto-injectors, including stocking of both junior and regular dose epinephrine auto-injectors, as necessary, and storage requirements.
(5) At least annually, a school district shall report to the department, in the form and manner prescribed by the department, all instances of administration of an epinephrine auto-injector to a pupil at school. The reporting shall include at least all of the following:
(a) The number of instances of administration of an epinephrine auto-injector to a pupil at school in a school year.
(b) The number of pupils who were administered an epinephrine auto-injector at school who were not previously known to be severely allergic.
(c) The number of pupils who were administered an epinephrine auto-injector at school using the school’s stock of epinephrine auto-injectors.
(6) A school board shall attempt to obtain funding or resources from private sources, or from another source other than this state, for fulfilling the requirements of this section. If a school board is unable to obtain this alternative funding for all or part of its costs of complying with this section, the school board may apply to the department for reimbursement for the unfunded costs of complying with this section, in the form and manner prescribed by the department. The legislature shall appropriate funds for making this reimbursement. The department shall make the reimbursement according to the appropriation that is made for this purpose. The department annually shall submit a report to the legislature detailing the number of school boards that apply for reimbursement and the number of school boards that are able to secure alternative funding.
FOIA (Freedom of Information Act) Requests
FOIA requests must be submitted in writing to the FOIA Coordinator. The request can be sent via mail or email:
L'Anse Creuse Public Schools
Attn: FOIA Coordinator
24076 Frederick V. Pankow Blvd.
Clinton Township, MI 48036
Requests must sufficiently describe a public record and include a telephone number to allow a District employee to make contact to clarify the scope of a request or help identify a specific document containing the information sought.
Please contact the Human Resources Office with further questions at (586) 783-6300 ext. 1211.
Family Educational Rights and Privacy Act ("FERPA")
Education Records Policy (FERPA)
The District shall comply with the applicable requirements of the Family Educational Rights and Privacy Act ("FERPA") and Public Act 367 of 2016 (MCL §380.1136). In accordance with FERPA, not later than the 30th day of each school year, the Superintendent shall provide public notice, in writing or electronically, to students and their parents or legal guardians of the District's intent to make available, upon request, certain information known as "directory information."
The Board designates as "directory information" the following information about students:
- videos of students participating in school activities, events or programs.
- awards or honors received;
- grade level, and date of actual or expected graduation;
- weight, if a member of an athletic team which requires disclosure to participate;
- height, if member of an athletic team;
- participation in officially recognized activities and sports;
The Board determines that the following information about students shall not be considered "directory information," and shall thus not be disclosed unless otherwise permitted by FERPA.
- residence address;
- email address;
- telephone numbers;
- major field of study;
- date and place of birth;
- dates of attendance;
- most recent previous educational agency or institution;
- Social Security number.
The annual notice from the Superintendent shall inform parents and eligible students that they may refuse to allow the District to disclose such "directory information" upon written or electronic notification to the District using the "opt out" form provided with the notice. If a parent or legal guardian of a student or an eligible student elects to "opt out" of the disclosure of any specific type of directory information, the District will elect not to disclose any directory information for that student.
The District shall provide a copy of the notice and "opt out" form to a parent or legal guardian at any time upon request.
The District shall develop a list of uses for which the District would disclosure a student’s directory information.
Summary of Grievance Procedures for:
- Titles VI and VII of the Civil Rights Act of 1964
- Title IX of the Education Amendment Act of 1972
- Section 504 of the Rehabilitation Act of 1973
- The Americans With Disabilities Act of 1990
- The Persons with Disabilities Civil Rights Act
- The Elliott-Larsen Civil Rights Act
Non-Discrimination and Complaint Procedure
The District will not discriminate against any person based on sex, race, color, national origin, religion, height, weight, marital status, handicap, age, or disability. The Board reaffirms its long-standing policy of compliance with all applicable federal and state laws and regulations prohibiting discrimination including, but not limited to, Titles VI and VII of the Civil Rights Act of 1964; Title IX of the Educational Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; The Americans With Disabilities Act of 1990; The Persons with Disabilities Civil Rights Act; and The Elliott-Larsen Civil Rights Act.
The administrator in charge of Special Education is appointed the Civil Rights Coordinator regarding complaints of disability/handicap discrimination involving educational services, programs and activities. The Assistant Superintendent for Personnel is appointed the Civil Rights Coordinator regarding discrimination complaints made by students (grades Pre-K through 12) and/or their parent(s)/guardian(s), and involving sex, race, color, national origin, religion, height, weight, age, or marital status. The Assistant Superintendent for Human Resources is appointed the Civil Rights Coordinator regarding all other complaints of discrimination. In the event the complaint is against the Superintendent of Schools, the Vice-President of the Board of Education is appointed the Civil Rights Coordinator.
Inquiries or complaints by students and/or their parent(s)/guardian(s) related to discrimination based on disability/handicap should be directed to: The Administrator in Charge of Special Education, L’Anse Creuse Public Schools, 24076 F. V. Pankow Blvd., Clinton Township, MI 48036, (586) 783-6500.
Inquiries or complaints made by students (grades Pre-K through 12) and/or their parents(s)/guardian(s) related to discrimination based on sex, race, color, national origin, religion, height, weight, age, or marital status should be directed to: Assistant Superintendent for Human Resources, 24076 F. V. Pankow Blvd., Clinton Township, MI 48036, (586) 783-6300.
In the event a complaint is against the Superintendent of Schools, the complaint should be directed to: Vice-President of the Board of Education, L’Anse Creuse Public Schools, 24076 F. V. Pankow Blvd., Clinton Township, MI 48036, (586) 783-6300.
All other inquiries related to discrimination should be directed to: Superintendent of L’Anse Creuse Public Schools, 24076 F. V. Pankow Blvd., Clinton Township, MI 48036, (586) 783-6300.
The Civil Rights Coordinators, as specified herein, are designated to receive and resolve complaints from any person who believes that he/she may have been discriminated against in violation of this policy. Any person who believes he/she has been discriminated against in violation of this policy should file a written complaint with the Civil Rights Coordinator within ten (10) calendar days of the alleged violation.
The Civil Rights Coordinator will take, then, the following action: First, cause an investigation of the complaint to be commenced. Second, arrange for a meeting to occur with the complainant, which may include school District staff who are knowledgeable of the facts and circumstances of the particular complaint or who have particular expertise that will assist in resolving the complaint. Third, complete the investigation of the complaint and provide, in writing, a reply to the complainant.
If the Civil Rights Coordinator determines that a violation has occurred, he/she shall propose a fair resolution of the complaint and deliver the determination to the complainant and the Superintendent. In the event the complaint is against the Superintendent, a copy of the determination shall be delivered to the President of the Board of Education.
The complainant may appeal the Civil Rights Coordinator’s determination to the Superintendent, or, in the case of a complaint against the Superintendent, to the President of the Board, by so notifying the Superintendent or Board President in writing within the (10) calendar days of the Civil Rights Coordinator’s determination. The Superintendent or Board President may conduct additional investigation of the facts and circumstances surrounding the complaint.
The Board Vice-President or President may elect to secure the services of an outside party to investigate the facts and circumstances surrounding any complaint against the Superintendent.
The Superintendent, or Board President in the case of a complaint against the Superintendent, shall affirm or reverse the Civil Rights Coordinator’s decision and, if warranted, implement the Civil Rights Coordinator’s proposed resolution or a modification thereof. The Superintendent or Board President’s decision shall be final.
Upon completion of, or at any point in, the grievance process, complainants have the right to file a complaint with the Office for Civil Rights, U. S. Department of Education, Washington, D.C. 20201. The complainant should first be directed to the following address: Office for Civil Rights, 600 Superior Avenue, Suite 750, Cleveland, OH 44114, (216) 522-4970 phone, (216) 522-2573 fax.
Extracted from L’Anse Creuse Public Schools’ Policy and Procedure Manual, 2000 General School Administration, 2450 Non-Discrimination and Complaint Procedure.
FN:Z:Civil Rights/Summary of Grievance Procedures New/DJB
Inspection of Instructional Materials
Upon request, textbooks or other educational materials approved by the Board of Education may be reviewed by a parent. A parent who objects to educational material used by the School District may present a written complaint to the Superintendent identifying the textbook or other educational materials and the basis of the parent’s objection.
The Superintendent will refer the written complaint to the School District’s Department of Curriculum and Instruction. The Department of Curriculum and Instruction will review the complaint and, if necessary, will meet with the parent to develop an understanding of the parent’s complaint. The appropriate administrator will then prepare a written response for the Superintendent’s consideration. The written response will include, but not necessarily be limited to, an analysis of the manner in which the textbook or other education materials in question do or do not meet the standards set forth in the District’s policies and administrative regulations.
Throughout the school year, L’Anse Creuse Public Schools uses photography as well as other audio/visual equipment to record various school and classroom activities, which may appear, along with student names (first names only on Internet), original work, documents or projects, in district publications, newspapers and Internet or air on community access cable.
If you do not want to have your child photographed, recorded or video-taped, please fill out the Media Release Denial Form below and return it to the main office of your child's school.
This form need only be returned if parent or eligible student denies authorization for media recognition.
Media Release Denial Form (do not photograph, etc.)
It is the policy of the L’Anse Creuse Public Schools (“District”) to maintain learning and working environments that are free from all forms of unlawful harassment, including sexual harassment and physical assault. No board member, staff member or student of the District shall be subjected to any form of unlawful harassment on the basis of a protected characteristic: religion, race, color, national origin, disability, sex, or any other legally protected characteristic or class. No board member, staff member or student of the District shall be subjected to physical assault by another. The District will investigate all allegations of unlawful harassment and physical assault and in those cases where unlawful harassment or physical assault is substantiated, the District will take immediate steps to end the unlawful harassment or physical assault, prevent its recurrence and remedy its effects.
The failure of staff members to report and/or take reasonable steps to prevent unlawful harassment, sexual harassment, or physical assault by another in the District may result in discipline, up to and including discharge of employment. Each building administrator shall be responsible for promoting understanding and acceptance of, and assuring compliance with, state and federal laws, and board policy and procedures governing unlawful harassment, including sexual harassment, and physical assault within his/her building.
The District designates the following individuals to serve as “Compliance Officers” for the District. They are hereinafter referred to as the “Compliance Officers”:
• Assistant Superintendent of Human Resources
• Director for Special Education
The Compliance Officers are responsible for receiving complaints of unlawful harassment against a student or employee of the District. Upon receipt of a complaint, the Compliance Officer, or his/her designee, will conduct an investigation into the compliant and make a determination as to whether or not unlawful harassment in violation of Board policy has occurred. The Compliance Officer will also be responsible for implementing appropriate interim and remedial measures during an investigation and imposing sanctions, disciplinary action or corrective action in the event a complaint is substantiated.
Non-Discrimination & Equal Opportunity In Education
The L’Anse Creuse Public Schools does not discriminate on the basis of race, color, religion, national origin or ancestry, gender, disability, age, height, weight, marital status, or other protected classes in its programs, services, activities or in employment.
Inquiries related to discrimination on the basis of disability should be directed to Director for Special Education, direct all other inquiries related to discrimination to Assistant Superintendent for Human Resources.
In order to earn a high school diploma, students must meet all of the requirements defined by the Michigan Merit Curriculum (MMC) and our Board of Education Policy 5460. A personal curriculum is a process to modify specific credit requirements and/or content expectations based on the individual learning needs of a student. It is designed to serve students who want to accelerate or go beyond the MMC requirements and students who need to individualize learning requirements to meet the MMC requirements. All students are entitled to a personal curriculum upon request. Please contact the Curriculum Office for further information at 586-783-6300 ext. 1231.
Policy on Bullying
It is the policy of the District to provide a safe and nurturing environment for all of its students. Appropriate behavior, treating others with civility and respect, and refusing to tolerate harassment or bullying is expected of students, as well as administrators, faculty, staff, visitors, and volunteers.
Bullying and Cyberbullying are Prohibited
Bullying and cyberbullying of a student, whether by other students, staff, visitors, Board members, parents, guests, contractors, vendors, and volunteers, is prohibited. All students are protected under this policy, and bullying and cyberbullying are prohibited without regard to its subject matter or motivating animus.
"Bullying" means any written, verbal, or physical act, or any electronic communication, but not limited to, cyberbullying, that is intended or that a reasonable person would know is likely to harm one (1) or more students either directly or indirectly by doing any of the following:
A. Substantially interfering with educational opportunities, benefits, or programs of one (1) or more students.
B. Adversely affecting the ability of a pupil to participate in or benefit from the School District’s or public school’s educational programs or activities by placing the student in reasonable fear of physical harm or by causing substantial emotional distress.
C. Having an actual and substantial detrimental effect on a student’s physical or mental health.
D. Causing substantial disruption in, or substantial interference with, the orderly operation of the school.
"Cyberbullying" means any electronic communication that is intended or that a reasonable person would know is likely to harm one (1) or more students either directly or indirectly by doing any of the following:
A. Substantially interfering with educational opportunities, benefits, or programs of one (1) or more students.
B. Adversely affecting the ability of a student to participate in or benefit from the School District’s or public school’s educational programs or activities by placing the student in reasonable fear of physical harm or by causing substantial emotional distress.
C. Having an actual and substantial detrimental effect on a student’s physical or mental health.
D. Causing substantial disruption in, or substantial interference with, the orderly operation of the school.
Since "bullying" also includes "cyberbullying", any reference in this policy to "bullying" shall also be deemed to refer to "cyberbullying."
Bullying and cyberbullying are prohibited at school. "At school" is defined as on school premises, at school-sponsored activities or events, in a school-related vehicle, or using a telecommunications access device or a telecommunications service provider if the telecommunications access device or telecommunications service provider is owned by or under the control of the School District. "Telecommunications access device" and "telecommunications service provider" mean those terms as defined in Section 219a of the Michigan Penal Code (M.C.L. 750.219a).
Bullying and cyberbullying that does not occur "at school," as defined above, but that causes a substantial disruption to the educational environment, may be subject to disciplinary action in accordance with this policy and applicable law.
Reporting and Investigating Reports of Bullying
Every student is encouraged to promptly report any situation that he or she believes to be bullying behavior directed toward himself/herself or another student to a teacher, a counselor, a building principal, or an assistant principal. Staff members shall report any reports made by students or situations that they believe to be bullying behavior directed toward a student to the building principal. Complaints against the building principal shall be reported to the Superintendent. Complaints against the Superintendent shall be reported to the Board President.
Under State law, a school employee, school volunteer, student, or parent or guardian who promptly reports in good faith an act of bullying to the appropriate school official designated in this policy and who makes this report in compliance with the procedures set forth in this policy is immune from a cause of action for damages arising out of the reporting itself or any failure to remedy the reported incident. This immunity does not apply to a school official who is responsible for implementing this policy or for remedying the bullying, when acting in that capacity.
Retaliation or false accusation against a target of bullying, a witness, or another person with information about an act of bullying is prohibited. Suspected retaliation should be reported in the same manner as suspected bullying behavior. Making intentionally false accusations of bullying is likewise prohibited. Retaliation and making intentionally false accusations of bullying may result in disciplinary action up to and including expulsion.
All complaints about bullying that may violate this policy shall be promptly investigated and documented. The building principal or the principal’s designee is responsible for the investigation. If the investigation results in a finding that bullying has occurred, it shall result in prompt and appropriate disciplinary action, up to and including expulsion for students, up to and including discharge for employees, and up to and including exclusion from school property for parents, guests, volunteers, and contractors. Individuals may also be referred to law enforcement officials.
Where the investigation results in a finding that bullying has occurred, both the parent or legal guardian of a victim of bullying and the parent or legal guardian of a perpetrator of the bullying shall be notified promptly in writing. In addition, administrators investigating alleged bullying may notify parents of the victim or perpetrator of bullying sooner than the conclusion of the investigation if circumstances dictate such earlier notification.
Each school shall document any prohibited incident that is reported and shall document all verified incidents of bullying and the resulting consequences, including the required notification of parents or guardians and any discipline and referrals.
The Superintendent is the school official responsible for ensuring that the policy is implemented.
The District will comply with all applicable laws regarding confidentiality of personally identifiable information from education records. In addition, the identity of an individual who reports an act of bullying or cyberbullying shall be and remain confidential. The principal, or the principal’s designee, shall ensure that the name of an individual who reports an act of bullying or cyberbullying is withheld from the alleged perpetrator and the perpetrator’s parent(s), legal guardian(s) and representative(s), and is redacted from any report of bullying or cyberbullying that is publicly disclosed.
This policy will be annually circulated to parents and students, and shall be posted on the District website.
As required by State statute, the Superintendent shall provide a report of all verified incidents of bullying and other required information to the Michigan Department of Education on an annual basis, according to the form and procedures established by the Department.
As required by State statute, the District’s procedures with respect to bullying are contained within this policy, and thus no administrative guidelines accompany this policy
Workforce Opportunity Wage Act
STATE OF MICHIGAN
REGULAR SESSION OF 2014
Introduced by Senator Richardville
ENROLLED SENATE BILL No. 934
AN ACT to fix minimum wages for employees within this state; to prohibit wage discrimination; to provide for a wage deviation board; to provide for the administration and enforcement of this act; to prescribe penalties for the violation of this act; and to repeal acts and parts of acts.
The People of the State of Michigan enact:
This act shall be known and may be cited as the “workforce opportunity wage act”.
As used in this act:
(a) “Commissioner” means the director of the department of licensing and regulatory affairs.
(b) “Employ” means to engage, suffer, or permit to work.
(c) “Employee” means an individual not less than 16 years of age employed by an employer on the premises of the employer or at a fixed site designated by the employer, and includes a minor employed subject to section 15(1) of the youth employment standards act, 1978 PA 90, MCL 409.115.
(d) “Employer” means a person, firm, or corporation, including the state and its political subdivisions, agencies, and instrumentalities, and a person acting in the interest of the employer, who employs 2 or more employees at any 1 time
within a calendar year. An employer is subject to this act during the remainder of that calendar year.
An employer shall not pay any employee at a rate that is less than prescribed in this act.
(1) Subject to the exceptions specified in this act, the minimum hourly wage rate is:
(a) Before September 1, 2014, $7.40.
(b) Beginning September 1, 2014, $8.15.
(c) Beginning January 1, 2016, $8.50.
(d) Beginning January 1, 2017, $8.90.
(e) Beginning January 1, 2018, $9.25.
(2) Every January beginning in January 2019, the state treasurer shall adjust the minimum wage by an amount determined by the state treasurer at the end of the preceding calendar year to reflect the average annual percentage change in the consumer price index for the most recent 5-year period for which data are available. As used in this subsection, “consumer price index” means the most comprehensive index of consumer prices available for the midwest region from the bureau of labor statistics of the United States department of labor. The wage and hours division of the
department of licensing and regulatory affairs shall post the adjusted minimum wage on its website by February 1 of the year it is calculated, and the adjusted rate is effective beginning April 1 of that year. An annual increase under this subsection shall not exceed 3.5%.
(3) An increase in the minimum hourly wage rate as prescribed in subsection (2) does not take effect if the unemployment rate determined by the bureau of labor statistics, United States department of labor, for this state is 8.5% or greater for the year preceding the year of the prescribed increase.
(1) Except as otherwise provided in this act, an employee shall receive compensation at not less than 1-1/2 times the regular rate at which the employee is employed for employment in a workweek in excess of 40 hours.
(2) This state or a political subdivision, agency, or instrumentality of this state does not violate subsection (1) with respect to the employment of an employee in fire protection activities or an employee in law enforcement activities,
including security personnel in correctional institutions, if any of the following apply:
(a) In a work period of 28 consecutive days, the employee receives for tours of duty, which in the aggregate exceed 216 hours, compensation for those hours in excess of 216 at a rate not less than 1-1/2 times the regular rate at which the employee is employed. The employee’s regular rate shall be not less than the statutory minimum hourly rate.
(b) For an employee to whom a work period of at least 7 but less than 28 days applies, in the employee’s work period the employee receives for tours of duty, which in the aggregate exceed a number of hours which bears the same ratio to the number of consecutive days in the employee’s work period as 216 bears to 28 days, compensation for those excess hours at a rate not less than 1-1/2 times the regular rate at which the employee is employed. The employee’s regular rate shall be not less than the statutory minimum hourly rate.
(c) If an employee engaged in fire protection activities would receive overtime payments under this act solely as a result of that employee’s trading of time with another employee pursuant to a voluntary trading time arrangement, overtime, if any, shall be paid to employees who participate in the trading of time as if the time trade had not occurred. As used in this subdivision, “trading time arrangement” means a practice under which employees of a fire department voluntarily substitute for one another to allow an employee to attend to personal matters, if the practice is neither for the convenience of the employer nor because of the employer’s operations.
(3) This state or a political subdivision, agency, or instrumentality of this state engaged in the operation of a hospital or an establishment that is an institution primarily engaged in the care of the sick, the aged, or the mentally ill or developmentally disabled who reside on the premises does not violate subsection (1) if both of the following conditions are met:
(a) Pursuant to a written agreement or written employment policy arrived at between the employer and the employee before performance of the work, a work period of 14 consecutive days is accepted instead of the workweek of 7 consecutive days for purposes of overtime computation.
(b) For the employee’s employment in excess of 8 hours in a workday and in excess of 80 hours in the 14-day period, the employee receives compensation at a rate of 1-1/2 times the regular rate, which shall be not less than the statutory
minimum hourly rate at which the employee is employed.
(4) Subsections (1), (2), and (3) do not apply to any of the following:
(a) An employee employed in a bona fide executive, administrative, or professional capacity, including an employee employed in the capacity of academic administrative personnel or teacher in an elementary or secondary school. However, an employee of a retail or service establishment is not excluded from the definition of employee employed in a bona fide executive or administrative capacity because of the number of hours in the employee’s workweek that the employee devotes to activities not directly or closely related to the performance of executive or administrative activities, if less than 40% of the employee’s hours in the workweek are devoted to those activities.
(b) An individual who holds a public elective office.
(c) A political appointee of a person holding public elective office or a political appointee of a public body, if the political appointee described in this subdivision is not covered by a civil service system.
(d) An employee employed by an establishment that is an amusement or recreational establishment, if the establishment does not operate for more than 7 months in a calendar year.
(e) An employee employed in agriculture, including farming in all its branches, which among other things includes:
cultivating and tilling soil; dairying; producing, cultivating, growing, and harvesting agricultural or horticultural commodities; raising livestock, bees, fur-bearing animals, or poultry; and a practice, including forestry or lumbering operations, performed by a farmer or on a farm as an incident to or in conjunction with farming operations, including preparation for market, delivery to storage, or delivery to market or to a carrier for transportation to market or processing or preserving perishable farm products.
(f) An employee who is not subject to the minimum hourly wage provisions of this act.
(5) The director of the department of licensing and regulatory affairs shall promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to define the terms used in subsection (4).
(6) For purposes of administration and enforcement, an amount owing to an employee that is withheld in violation of this section is unpaid minimum wages under this act. 3
(7) The legislature shall annually appropriate from the general fund to each political subdivision affected by subsection (2) an amount equal to the difference in direct labor costs before and after the effective date of this act arising from any change in existing law that results from the enactment of subsection (2) and incurred by the political subdivision.
(8) In lieu of monetary overtime compensation, an employee subject to this act may receive compensatory time off at a rate that is not less than 1-1/2 hours for each hour of employment for which overtime compensation is required under this act, subject to all of the following:
(a) The employer must allow employees a total of at least 10 days of leave per year without loss of pay and must provide the compensatory time to the employee under either of the following:
(i) Applicable provisions of a collective bargaining agreement, memorandum of understanding, or any other written agreement between the employer and representative of the employee.
(ii) If employees are not represented by a collective bargaining agent or other representative designated by the employee, a plan adopted by the employer and provided in writing to its employees that provides employees with a voluntary option to receive compensatory time off for overtime work when there is an express, voluntary written request to the employer by an individual employee for compensatory time off in lieu of overtime pay before the performance of any overtime assignment.
(b) The employee has not earned compensatory time in excess of the applicable limit prescribed by subdivision (d).
(c) The employee is not required as a condition of employment to accept or request compensatory time. An employer shall not directly or indirectly intimidate, threaten, or coerce or attempt to intimidate, threaten, or coerce an employee for the purpose of interfering with the employee’s rights under this section to request or not request compensatory time off in lieu of payment of overtime compensation for overtime hours, or requiring an employee to use compensatory time. In assigning overtime hours, an employer shall not discriminate among employees based upon an employee’s choice to request or not request compensatory time off in lieu of overtime compensation. An employer who violates this subsection is subject to a civil fine of not more than $1,000.00.
(d) An employee may not accrue more than a total of 240 hours of compensatory time. An employer shall do both of the following:
(i) Maintain in an employee’s pay record a statement of compensatory time earned by that employee in the pay period that the pay record identifies.
(ii) Provide an employee with a record of compensatory time earned by or paid to the employee in a statement of earnings for the period in which the compensatory time is earned or paid.
(e) Upon the request of an employee who has earned compensatory time, the employer shall, within 30 days following the request, provide monetary compensation for that compensatory time at a rate not less than the regular rate earned by the employee at the time the employee performed the overtime work.
(f) An employee who has earned compensatory time authorized under this subsection shall, upon the voluntary or involuntary termination of employment or upon expiration of this subsection, be paid unused compensatory time at a rate of compensation not less than the regular rate earned by the employee at the time the employee performed the overtime work. A terminated employee’s receipt of or eligibility to receive monetary compensation for earned compensatory time shall not be used by either of the following:
(i) The employer to oppose an employee’s application for unemployment compensation under the Michigan employment security act, 1936 (Ex Sess) PA 1, MCL 421.1 to 421.75.
(ii) The state to deny unemployment compensation or diminish an employee’s entitlement to unemployment compensation benefits under the Michigan employment security act, 1936 (Ex Sess) PA 1, MCL 421.1 to 421.75.
(g) An employee shall be permitted to use any compensatory time accrued under this subsection for any reason unless use of the compensatory time for the period requested will unduly disrupt the operations of the employer.
(h) Unless prohibited by a collective bargaining agreement, an employer may terminate a compensatory time plan upon not less than 60 days’ notice to employees.
(i) As used in this subsection:
(i) “Compensatory time” and “compensatory time off” mean hours during which an employee is not working and for which the employee is compensated in accordance with this subsection in lieu of monetary overtime compensation.
(ii) “Overtime assignment” means an assignment of hours for which overtime compensation is required under this act.
(iii) “Overtime compensation” means the compensation required under this section.
(1) An employer may pay a new employee who is less than 20 years of age a training hourly wage of $4.25 for the first 90 days of that employee’s employment. The hourly wage authorized under this subsection is in lieu of the minimum hourly wage otherwise prescribed by this act.4 ESB 934
(2) Except as provided in subsection (1), the minimum hourly wage for an employee who is less than 18 years of age is 85% of the general minimum hourly wage established in section 4.
(3) An employer shall not displace an employee to hire an individual at the hourly wage authorized under this section. As used in this subsection, “displace” includes termination of employment or any reduction of hours, wages, or employment benefits.
(4) A person who violates subsection (3) is subject to a civil fine of not more than $1,000.00.
On petition of a party in interest or on his or her own initiative, the commissioner shall establish a suitable scale of rates for apprentices, learners, and persons with physical or mental disabilities who are clearly unable to meet normal production standards. The rates established under this section may be less than the regular minimum wage rate for workers who are experienced and who are not disabled.
(1) Before September 1, 2014, the minimum hourly wage rate is $2.65 per hour and, beginning September 1, 2014, the minimum hourly wage rate is 38% of the minimum hourly wage rate established in section 4 if all of the following occur:
(a) The employee receives gratuities in the course of his or her employment.
(b) If the gratuities described in subdivision (a) plus the minimum hourly wage rate under this subsection do not equal or exceed the minimum hourly wage otherwise established under section 4, the employer pays any shortfall to the employee.
(c) The gratuities are proven gratuities as indicated by the employee’s declaration for purposes of the federal insurance contributions act, 26 USC 3101 to 3128.
(d) The employee was informed by the employer of the provisions of this section.
(2) As used in this section, “gratuities” means tips or voluntary monetary contributions received by an employee from a guest, patron, or customer for services rendered to that guest, patron, or customer and that the employee reports to the employer for purposes of the federal insurance contributions act, 26 USC 3101 to 3128.
(1) The governor shall appoint, with the advice and consent of the senate, a wage deviation board composed of 3 representatives of the employers, 3 representatives of the employees, and 3 persons representing the public. One of the 3 persons representing the public shall be designated as chairperson. Members shall serve for terms of 3 years, except that of the members first appointed, 1 from each group shall be appointed for 1 year, 1 for 2 years, and 1 for 3 years. The commissioner shall be secretary of the wage deviation board.
(2) A majority of the members of the board constitute a quorum, and the recommendation or report of the board requires a vote of not less than a majority of its members. The business which the wage deviation board may perform shall be conducted at a public meeting of the board held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. Public notice of the time, date, and place of the meeting shall be given in the manner required by that act.
(3) A writing prepared, owned, used, in the possession of, or retained by the wage deviation board in the performance of an official function shall be made available to the public in compliance with the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(4) The per diem compensation of the board and the schedule for reimbursement of expenses shall be established annually by the legislature.
(5) The wage deviation board may request data of any employer, subject to the provisions of this act, as to the wages paid and hours worked by the employer’s employees and may hold hearings as necessary in the process of obtaining this information.
(6) The wage deviation board shall submit its report to the commissioner, who shall file it in his or her office as a public record together with the regulations established by the board.
(7) At any time after a deviated wage rate has been in effect for 6 months or more, the wage deviation board may reconsider the rate.
The commissioner may promulgate rules necessary for administration of this act under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
An employer who is subject to this act or any regulation or order issued under this act shall furnish each employee with a statement of the hours worked by the employee and of the wages paid to the employee, listing deductions made each pay period. The employer shall furnish the commissioner, upon demand, a sworn statement of the wage information. These records shall be open to inspection by the commissioner, his or her deputy, or any authorized agent of the department at any reasonable time. An employer subject to this act or any regulation or order issued under this act shall keep a copy of this act and regulations and orders promulgated under this act posted in a conspicuous place 5ESB 934in the workplace that is accessible to employees. The commissioner shall furnish copies of this act and the regulations and orders to employers without charge.
The commissioner shall administer and enforce this act and, at the request of the wage deviation board, may investigate and ascertain the wages of employees of an employer subject to this act. The commissioner and the commissioner’s employees shall not reveal facts or information obtained in the course of official duties, except as when required by law, to report upon or take official action or testify in proceedings regarding the affairs of an employer subject to this act.
(1) If an employer violates this act, the employee affected by the violation, at any time within 3 years, may do any of the following:
(a) Bring a civil action for the recovery of the difference between the amount paid and the amount that, but for the violation, would have been paid the employee under this act and an equal additional amount as liquidated damages
together with costs and reasonable attorney fees as are allowed by the court.
(b) File a claim with the commissioner who shall investigate the claim.
(2) If the commissioner determines there is reasonable cause to believe that the employer has violated this act and the commissioner is subsequently unable to obtain voluntary compliance by the employer within a reasonable period of time, the commissioner shall bring a civil action under subsection (1)(a). The commissioner may investigate and file a civil action under subsection (1)(a) on behalf of all employees of that employer who are similarly situated at the same work site and who have not brought a civil action under subsection (1)(a). A contract or agreement between the employer and the employee or any acceptance of a lesser wage by the employee is not a bar to the action.
(3) In addition to bearing liability for civil remedies described in this section, an employer who fails to pay the minimum hourly wage in violation of this act, or who violates a provision of section 4a governing an employee’s compensatory time, is subject to a civil fine of not more than $1,000.00.
(1) This act does not apply to an employer that is subject to the minimum wage provisions of the fair labor standards act of 1938, 29 USC 201 to 219, unless those federal minimum wage provisions would result in a lower minimum hourly wage than provided in this act. Each of the following exceptions applies to an employer who is subject to this act only by application of this subsection:
(a) Section 4a does not apply.
(b) This act does not apply to an employee who is exempt from the minimum wage requirements of the fair labor standards act of 1938, 29 USC 201 to 219.
(2) Notwithstanding subsection (1), an employee shall be paid in accordance with the minimum wage and overtime compensation requirements of sections 4 and 4a if the employee meets either of the following conditions:
(a) He or she is employed in domestic service employment to provide companionship services as defined in 29 CFR 552.6 for individuals who, because of age or infirmity, are unable to care for themselves and is not a live-in domestic service employee as described in 29 CFR 552.102.
(b) He or she is employed to provide child care, but is not a live-in domestic service employee as described in 29 CFR 552.102. However, the requirements of sections 4 and 4a do not apply if the employee meets all of the following conditions:
(i) He or she is under the age of 18.
(ii) He or she provides services on a casual basis as defined in 29 CFR 552.5.
(iii) He or she provides services that do not regularly exceed 20 hours per week, in the aggregate.
(3) This act does not apply to persons employed in summer camps for not more than 4 months or to employees who are covered under section 14 of the fair labor standards act of 1938, 29 USC 214.
(4) This act does not apply to agricultural fruit growers, pickle growers and tomato growers, or other agricultural employers who traditionally contract for harvesting on a piecework basis, as to those employees used for harvesting, until the board has acquired sufficient data to determine an adequate basis to establish a scale of piecework and determines a scale equivalent to the prevailing minimum wage for that employment. The piece rate scale shall be equivalent to the minimum hourly wage in that, if the payment by unit of production is applied to a worker of average ability and diligence in harvesting a particular commodity, he or she receives an amount not less than the hourly minimum wage.
(5) Notwithstanding any other provision of this act, subsection (1)(a) and (b) and subsection (2) do not deprive an employee or any class of employees of any right that existed on September 30, 2006 to receive overtime compensation or to be paid the minimum wage.6 ESB 934
An employer that discharges or in any other manner discriminates against an employee because the employee has served or is about to serve on the wage deviation board or has testified or is about to testify before the board, or because the employer believes that the employee may serve on the board or may testify before the board or in any investigation under this act, and any person who violates any provision of this act or of any regulation or order issued under this act, is guilty of a misdemeanor.
Any employer that consistently discharges employees within 10 weeks of their employment and replaces the discharged employees without work stoppage is presumed to have discharged them to evade payment of the wage rates established in this act and is guilty of a misdemeanor.
(1) An employer having employees subject to this act shall not discriminate between employees within an establishment on the basis of sex by paying wages to employees in the establishment at a rate less than the rate at which the employer pays wages to employees of the opposite sex for equal work on jobs, the performance of which requires equal skill, effort, and responsibility and that is performed under similar working conditions, except if the payment is made under 1 or more of the following:
(a) A seniority system.
(b) A merit system.
(c) A system that measures earnings by quantity or quality of production.
(d) A differential based on a factor other than sex.
(2) An employer that is paying a wage differential in violation of this section shall not reduce the wage rate of an employee to comply with this section.
(3) For purposes of administration and enforcement, any amount owing to an employee that has been withheld in violation of this section is considered unpaid minimum wages under this act.
An employer operating a massage establishment as defined in section 2 of former 1974 PA 251 that violates this act is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
Enacting section 1. The minimum wage law of 1964, 1964 PA 154, MCL 408.381 to 408.398, is repealed.
This act is ordered to take immediate effect.