REORGANIZATION OF SCHOOL DISTRICTS

MCL ch. 388, subtit. Act 289 of 1964

in effect

MCL 388.681 Reorganization of school districts; definitions.

388.681. Reorganization of school districts; definitions. Sec. 1. As used in this act: (a) "Reorganization of school districts" means the formation of new school districts, the alteration of boundaries of established school districts, and the dissolution or disorganization of established school districts through or by means of any one or combination of the methods as set forth in this act. (b) "State committee" means the state committee for the reorganization of school districts created in this act. (c) "Intermediate committee" means the committee for the reorganization of school districts created in this act. (d) "Plan of reorganization" means a concrete proposal for readjustment and realignment of the boundaries of school districts within an intermediate school district area. (e) "Non-high school district" means a school district presently operating less than a kindergarten through twelfth grade program. (f) "School code" means Act No. 269 of the Public Acts of 1955, as amended, being sections 340.1 to 340.984 of the Compiled Laws of 1948. 1964, Act 289, Eff. Aug. 28, 1964 [Provisional] ***** 388.681 THIS SECTION IS SUBJECT TO CONDITIONAL EXPIRATION: See 388.693 *****

MCL 388.682 State committee for reorganization of school districts; appointments, distribution; vacancies, compensation.

388.682. State committee for reorganization of school districts; appointments, distribution; vacancies, compensation. Sec. 2. There is created, for the term of time necessary to complete the requirements of this act, a state committee for the reorganization of school districts, appointed by the governor, and composed of 7 members, at least 1 of whom shall represent the Upper Peninsula, 1 the area above the Bay City-Muskegon line, and 5 shall be appointed in such manner as to represent fairly the remainder of the state. The superintendent of public instruction shall be the nonvoting chairman of the committee. Vacancies shall be filled by appointment of the governor. Members of the state committee shall serve without compensation. The members of the committee shall be appointed within 60 days after the effective date of this act. 1964, Act 289, Eff. Aug. 28, 1964 [Provisional] ***** 388.682 THIS SECTION IS SUBJECT TO CONDITIONAL EXPIRATION: See 388.693 *****

MCL 388.683 State committee for reorganization of school districts; organization; election of vice-chairperson and secretary; vice-chairperson acting as chairperson; records of meetings; preparation and distribution of materials; availability of records and other writings to public; meetings; quorum; conducting business at public meeting; notice of meeting.

388.683. State committee for reorganization of school districts; organization; election of vice-chairperson and secretary; vice-chairperson acting as chairperson; records of meetings; preparation and distribution of materials; availability of records and other writings to public; meetings; quorum; conducting business at public meeting; notice of meeting. Sec. 3. (1) By November 26, 1964, the state committee shall organize by electing a vice-chairperson and a secretary. The vice-chairperson shall act as chairperson at the request of the superintendent of public instruction. The secretary shall keep the records of official committee meetings and prepare and distribute materials as requested by the state committee. The records and any other writing prepared, owned, used, in the possession of, or retained by the committee in the performance of an official function shall be made available to the public in compliance with Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws. (2) A meeting of the committee shall be held upon the call of the chairperson or 3 members of the committee. Five members, which may include the superintendent of public instruction, constitute a quorum. The business which the committee may perform shall be conducted in compliance with Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976. 1964, Act 289, Eff. Aug. 28, 1964; Am. 1977, Act 250, Imd. Eff. Dec. 6, 1977 [Provisional] ***** 388.683 THIS SECTION IS SUBJECT TO CONDITIONAL EXPIRATION: See 388.693 *****

MCL 388.684 School district reorganization program; surveys, approval of proposals, reports.

388.684. School district reorganization program; surveys, approval of proposals, reports. Sec. 4. The state committee shall: (a) Within 12 months after the effective date of this act, develop policies, principles and procedures for a statewide school district reorganization program planned so that all areas may become part of a school district operating or designed to operate at least 12 grades. In no case can an intermediate district committee plan be submitted under this act which would require the merger of 2 or more school districts of the third class or higher. There shall be created no less than 500 school districts operating 12 grades. (b) Direct area surveys and develop a manual of procedure to be printed and distributed to all intermediate district superintendents of schools. (c) Perform either by itself or by its authorized representative any or all of the duties required by this act to be performed by the intermediate school district superintendent, the intermediate district board of education, the intermediate district committee, or the probate judge or judges, in case of failure by any or all of them to perform these duties. (d) Review and approve or reject intermediate district plans within 60 days after receipt of plans from the intermediate district committees. (e) Report to each intermediate district the acceptance or rejection of the proposed plans with recommendations for changes. (f) Present a progress report on reorganization under this act to the state legislature on or before March 1 of each year. 1964, Act 289, Eff. Aug. 28, 1964 [Provisional] ***** 388.684 THIS SECTION IS SUBJECT TO CONDITIONAL EXPIRATION: See 388.693 *****

MCL 388.685 Intermediate district committee for reorganization of school districts; membership, election, vacancies, organization.

388.685. Intermediate district committee for reorganization of school districts; membership, election, vacancies, organization. Sec. 5. (1) A committee shall be organized in each intermediate district in the state to be known as the intermediate district committee for the reorganization of school districts. The intermediate district superintendent of schools shall be nonvoting chairman of the intermediate district committee, and he shall preside over all meetings of the intermediate district committee. The intermediate district committee shall complete the requirements of this act and comply with the requests made by the state committee. There shall be 18 members on the intermediate district committee each of whom shall be a registered resident elector. In intermediate districts containing no district operating 12 grades or more and in intermediate districts containing no non-high school districts the committee shall consist of 13 members. (2) Members of the intermediate district committee shall be chosen as follows: (a) The intermediate board of education shall appoint 3 of its members to serve on the committee. (b) The intermediate district superintendent of schools, by notice sent by mail, shall call a meeting of the boards of education of all school districts operating a program of 12 grades or more in the intermediate district. The meeting shall be held at some convenient place within the intermediate district within 60 days after the effective date of this act. The intermediate district superintendent shall act as chairman of this meeting, and the board members shall elect by ballot 5 persons to serve on the intermediate district committee not more than 2 of whom shall be from any one constituent district, unless there are fewer districts than there are positions to fill. The 5 persons receiving the highest number of votes shall be declared elected. No person may be elected to or serve on the committee who is an employee of any constituent school district or of the intermediate school district. The chairman shall appoint 3 or more tellers to conduct the election and to canvass the vote. Whenever not more than 2 of the 5 members fail to serve on the committee, the remaining members shall fill the vacancy from the same constituent district in which the vacancy occurs. Whenever 3 or more vacancies occur at the same time, the vacancies shall be filled in the same manner as the original committee members were elected. (c) The intermediate district superintendent of schools, by notice sent by mail, shall call a meeting of the boards of education of all school districts operating less than a twelve-grade program in the intermediate district. The meeting shall be held at some convenient place within the intermediate district within 60 days after the effective date of this act. The intermediate district superintendent shall act as chairman of this meeting, and the board members shall elect by ballot 5 persons to serve on the intermediate district committee not more than 2 of whom shall be from any one constituent district, unless there are fewer districts than there are positions to be filled. The 5 persons receiving the highest number of votes shall be declared elected. No person may be elected to or serve on the committee who is an employee of any constituent school district or of the intermediate school district. The chairman shall appoint 3 or more tellers to conduct the election and to canvass the vote. Whenever not more than 2 of the 5 members fail to serve on the committee, the remaining members shall fill the vacancy from the same constituent district in which the vacancy occurs. Whenever 3 or more vacancies occur at the same time, the vacancies shall be filled in the same manner as the original committee members were elected. (d) The intermediate district superintendent of schools, by notice sent by letter, shall notify the probate judge of the area, who, within 60 days after the effective date of this act, shall appoint 5 members to the committee fairly representing all areas of the intermediate district. The qualifications of these members shall be the same as those of the other members of the committee. The probate judge shall fill all vacancies that may occur among his appointees. In any intermediate district where there are 2 or more probate judges the judges acting jointly shall make the appointments. (3) Organization of the intermediate district committee shall be completed in each district within 6 months after the effective date of this act. If an intermediate district committee has not been organized within 6 months, the state committee shall appoint the members within 60 days thereafter. In which event the same limitations shall apply as provided in this section. 1964, Act 289, Eff. Aug. 28, 1964 [Provisional] ***** 388.685 THIS SECTION IS SUBJECT TO CONDITIONAL EXPIRATION: See 388.693 *****

MCL 388.686 Intermediate district reorganization committee; meetings, records, district reorganization plan, hearings, approval, revision, dissolution of committee.

388.686. Intermediate district reorganization committee; meetings, records, district reorganization plan, hearings, approval, revision, dissolution of committee. Sec. 6. Each intermediate district committee shall elect a secretary who shall keep the minutes and records of all official meetings. Meetings shall be held upon the call of the chairman or any 3 members of the committee. A majority of the committee shall constitute a quorum. The intermediate district committee shall follow the procedure guide provided by the state committee and prepare a district reorganization plan, which shall be submitted to the state committee for its approval or disapproval. The plan shall provide for the reorganization of school districts within the intermediate district so that all areas of the district may become a part of a school district operating or designed to operate at least 12 grades. The intermediate district committee shall hold at least 1 public hearing regarding the plan but may hold as many more as it deems necessary. Hearings shall be advertised by publication at least once in a newspaper of general circulation in the districts 10 days or more before the scheduled hearing. The intermediate district plan for reorganization shall be submitted to the state committee for its consideration within 9 months after receiving the manual of procedure from the state committee. If the intermediate district plan is approved by the state committee, the plan shall be submitted to the electors as provided in section 7 of this act. If an intermediate district plan is rejected by the state committee, a revised plan shall be submitted by the intermediate district committee within 90 days after receipt of the rejection of the original plan. If the revised plan is not accepted by the state committee, the state committee shall submit a plan for the reorganization of the school districts in the intermediate school district and the intermediate committee shall also submit a plan for the reorganization of the school districts in the intermediate school district. The intermediate school district board shall submit both plans to the electors of the intermediate school district and the plan receiving the larger number of votes shall be submitted to the qualified electors of the intermediate school district in accordance with the requirements of method 2 provided in section 7 of this act. Following this election, the intermediate committee shall be dissolved and the requirements of this act shall have been met and no further plans shall be re-submitted for 5 years by either the state committee or the intermediate district. The intermediate district committee shall also be dissolved on completion and acceptance of the plan by the state committee and the vote or votes on the plan by the electors of the proposed school district. 1964, Act 289, Eff. Aug. 28, 1964 [Provisional] ***** 388.686 THIS SECTION IS SUBJECT TO CONDITIONAL EXPIRATION: See 388.693 *****

MCL 388.687 Optional election methods for adoption of reorganization plans; conduct.

388.687. Optional election methods for adoption of reorganization plans; conduct. Sec. 7. Not less than 90 days nor more than 6 months following approval of an intermediate district plan as provided in section 6 of this act elections shall be held according to one of 2 methods. The intermediate district committee shall determine which election method shall be used. Method 1. The entire area encompassed by the intermediate district plan shall vote as a unit on the question: "Shall the approved reorganization plan for the ............ intermediate district be adopted? Yes ( ) No ( )" If a majority of the qualified electors present and voting approve the plan it shall be declared adopted and shall become effective throughout the area on the date of the election if the election is held after April 30 but before September 1. The effective date shall be July 1 following if the election is held after August 31 but before May 1. Method 2. The proposed districts provided for in the approved plan shall vote by proposed districts on the question: "Shall the approved reorganization plan for a proposed local district ........... within the intermediate district of ......... be adopted? Yes ( ) No ( )" If a majority of the qualified electors present and voting in a proposed district approve the plan for that proposed district it shall be declared adopted and shall become effective throughout the proposed district on the date of the election if the election is held after April 30 but before September 1. The effective date shall be July 1 following if the election is held after August 31 but before May 1. If election method number 1 is adopted by the intermediate district committee and if the question voted on fails to obtain an affirmative majority, then another election using method number 2 shall be held not less than 90 days nor more than 6 months after the date of the first election. The results of this election using method number 2 shall be final and the requirements of this act shall have been met. If the intermediate district plan provides that the boundaries of an existing school district shall remain the same such district shall not participate in an election held under either method number 1 or method number 2. If the election is held under method number 1, the plan to be voted on shall not cause an existing school district to be divided between 2 intermediate districts but property transfers may be made later according to the provisions of chapter 5, part 2 of the school code. The plan may provide for division of districts within an intermediate district. If and when voting method number 2 is used, the plan shall not cause an existing school district to be divided between 2 proposed local districts within the intermediate unit but property transfers may be made later according to chapter 5, part 2 of the school code. No property transfers shall be made after the approval of the intermediate district plan by the state committee until after the elections provided for in this section have been held. The question of assumption of bonded indebtedness shall not be included in any election held under the provisions of this act but the provisions of sections 412 and 413 of the school code regarding assumption of debt shall apply. The qualifications of electors shall be the same as now provided in the statutes for votes on consolidation and annexation and the provisions of the general election laws shall apply. The board of education of the intermediate school district shall conduct the election or elections provided for in this section according to the general election laws and according to chapters 7 and 8 of part 2 of the school code. 1964, Act 289, Eff. Aug. 28, 1964 [Provisional] ***** 388.687 THIS SECTION IS SUBJECT TO CONDITIONAL EXPIRATION: See 388.693 *****

MCL 388.688 Classification of districts formed.

388.688. Classification of districts formed. Sec. 8. Districts formed under the provisions of this act shall be classified as second, third or fourth class districts depending upon the school census as provided for in chapters 3, 4 and 5, part 1 of the school code. 1964, Act 289, Eff. Aug. 28, 1964 [Provisional] ***** 388.688 THIS SECTION IS SUBJECT TO CONDITIONAL EXPIRATION: See 388.693 *****

MCL 388.689 Consolidation, annexation or division of districts.

388.689. Consolidation, annexation or division of districts. Sec. 9. After the effective date of this act, the superintendent of public instruction, when requested to approve a consolidation, annexation or division of a district, shall give careful consideration to the progress of the implementation of the requirements of this act. 1964, Act 289, Eff. Aug. 28, 1964 [Provisional] ***** 388.689 THIS SECTION IS SUBJECT TO CONDITIONAL EXPIRATION: See 388.693 *****

MCL 388.690 School aid; apportionment.

388.690. School aid; apportionment. Sec. 10. School districts formed under the provisions of this act shall be entitled to and receive financial aid from the state in the manner provided by legislative appropriation for school aid purposes except that the apportionments of state aid due any school district formed under this act in the 2 fiscal years next following reorganization shall not be less than the aggregate of state aid which would have been due proportionately to the component districts prior to the reorganization. It shall be the duty of the superintendent of public instruction in making apportionments of state aid to adjust the amount of state aid due each such school district accordingly. 1964, Act 289, Eff. Aug. 28, 1964 [Provisional] ***** 388.690 THIS SECTION IS SUBJECT TO CONDITIONAL EXPIRATION: See 388.693 *****

MCL 388.691 Board of education of newly-formed district.

388.691. Board of education of newly-formed district. Sec. 11. Where the proposed district involves expansion of the boundaries of an existing twelve-grade district by addition of non-twelve-grade territory the board of education of the twelve-grade district shall continue as the board of the enlarged district. Where the proposed district involves the merger of 2 or more twelve-grade districts with or without the addition of non-twelve-grade territory, or where the proposed district involves merger of non-twelve-grade districts into a new twelve-grade district a board of education fairly representing all areas of the new district shall be appointed by the intermediate district board to serve until a new board is elected as provided in section 410 of the school code. 1964, Act 289, Eff. Aug. 28, 1964 [Provisional] ***** 388.691 THIS SECTION IS SUBJECT TO CONDITIONAL EXPIRATION: See 388.693 *****

MCL 388.692 Board of education of district losing identity; records, property.

388.692. Board of education of district losing identity; records, property. Sec. 12. The boards of education of any district which lose identity shall turn over their books, records, funds and property to the new board within 10 days after the effective date of the reorganization. If any existing district is divided, the intermediate district board, or boards, shall specify the division of assets and liabilities. 1964, Act 289, Eff. Aug. 28, 1964 [Provisional] ***** 388.692 THIS SECTION IS SUBJECT TO CONDITIONAL EXPIRATION: See 388.693 *****

MCL 388.693 Final report; expiration of act.

388.693. Final report; expiration of act. Sec. 13. The state commission shall make a final report to the state legislature on or before September 1, 1968, and this act shall expire on the date of filing the final report. 1964, Act 289, Eff. Aug. 28, 1964 [Compiler] As to validity of enactment of “sunset provision” under Const 1963, art 4, § 24, see OAG, 1987-1988, No 6438 (May 21, 1987). [Provisional] ***** 388.693 THIS SECTION IS SUBJECT TO CONDITIONAL EXPIRATION: See 388.693 *****

Source: Michigan Legislature (legislature.mi.gov)URL: https://legislature.mi.gov/documents/mcl/Chapter%20388.xmlFetched: 10/20/2026