The Legislature passed many bills related to education in 2023, some of which were not granted immediate effect and therefore will go into effect 90 days after the Legislature adjourns for the year, which occurred on Nov. 14, 2023. The following is a list of new laws taking effect in 2024 that may affect your district. Please feel free to contact us if you have any questions.

Elliott Larsen Civil Rights Act Senate Bill 4, Public Act 6 of 2023
The Elliot Larsen Civil Rights Act (ELCRA) prohibits discrimination in employment, public accommodations and public services, educational facilities, and housing and real estate based on religion, race, color, national origin, age, sex, height, weight, familial status, or marital status. SB 4 expanded the ELCRA to now include sexual orientation and gender identity or expression. MASB supported the bill which will go into effect Feb. 13, 2024.

Read by Grade Three Senate Bill 12, Public Act 7 of 2023
SB 12 repeals the mandatory retention sections of the third-grade reading law. If a child is not reading at grade level as they move into fourth grade, the reading intervention program for that child will continue. However, the retention provision will still be in place for this school year. MASB supported this bill which will become effective Feb. 13, 2024.

Right-to-Work (Public Sector) House Bill 4004, Public Act 9 of 2023
The Legislature repealed Right-to-Work laws for both the public and private sectors. However, due to the 2018 U.S. Supreme Court decision in Janus v AFSCME, public employers are not allowed to require union membership as a part of employment. Therefore, the repeal in Michigan law will not take effect unless the Supreme Court ruling is overturned.

Prevailing Wage House Bill 4007, Public Act 10 of 2023
HB 4007 reinstates prevailing wage for projects that are funded with any amount of state funds, including school district projects. An amendment was added that states school projects funded with revenue from millages authorized before the effective date of the act would not be subject to Prevailing Wage. The bill will become effective Feb. 13, 2024.

Repeal A-F Ranking System House Bill 4166, Public Act 34 of 2023
This bill repeals the current requirement that the Michigan Department of Education (MDE) assign letter grades and rankings to public schools known as the A-F rating system for schools. MASB supported the bill, and it will go into effect Feb. 13, 2024.

Sexual Assault Information Bill  Senate Bill 66, Public Act 57 of 2023
This bill requires materials related to sexual assault and harassment to be provided to students in grades 6 through 12 beginning in the 2024-2025 school year. The Michigan Department of Education will develop the materials for schools to distribute. Districts are also encouraged to provide all school personnel with training on how to respond to students who have experienced sexual assault or harassment. Personnel training will take place at a minimum of every 5 years.  MASB supported the bill.

Public Employee Relations Act (PERA), House Bills 4044, 4354, 4356-4357 and 4820, Public Acts 113, 115-116 and 143-144 of 2023
A series of bills were signed into law reinstating collective bargaining issues that were previously prohibited, among other labor related issues. MASB opposed all of the bills which will go into effect Feb. 13. 2024.

HB 4044 amends the Public Employment Relations Act which states that upon the expiration of a contract, step increases, and health care contribution amounts are frozen until a new contract is in place. It also repeals the ban on retroactively applying wage increases unless required by an arbitration panel or included in a negotiated bargaining agreement.

HB 4354 repealed a series of prohibited subjects of bargaining under the Public Employment Relations Act. The following issues will now be bargainable under the new law: teacher placement, layoff and recalls, teacher evaluation, employee discharge or discipline, classroom observations, merit pay, and how to notify parents about ineffective teachers.

HB 4356 allows the privatization of noninstructional services to be collectively bargained. This had been among the list of prohibited subjects under the Public Employment Relations Act. HB 4357 removes references in the school code to the items repealed under these bills.

The removal of these items under HBs 4354 and 4356 from the prohibited subjects list now makes each a mandatory subject of bargaining when working on a collective bargaining agreement. 

HB 4820 amends the Revised School Code to remove many of the factors that must be considered before laying off a teacher. It also adds teacher placement to the section and states that seniority must not be the major factor in determining placement or layoffs.

Paycheck Deduction of Union Dues House Bill 4233, Public Act 114 of 2023
HB 4233 allows school districts to automatically deduct union dues from employees' paychecks, at the employee’s request.  This reverses a law passed in 2012 that prohibited schools from deducting union dues from employee paychecks but not any other public employer. MASB supported this bill which will become effective Feb. 13, 2024.

Return to Work after Retirement House Bill 4752, Public Act 147 of 2023
HB 4752 allows a retiree to return to work in the first six months after retirement and not lose benefits as long as they did not make more than $15,100 in a calendar year or serve as a superintendent. After six months, all restrictions are lifted and a retiree may freely work within a school district without penalty to their retirement benefits. This law went into effect on Oct. 10, 2023.

Filter First House Bill 4341, Public Act 154 of 2023
This bill is part of a package to require schools and day care centers to create a drinking water management plan which includes testing all potable sites for lead and other contaminants by January 2025. It also requires all drinking fountains or outlets providing water for consumption to be replaced by the end of the 2025-2026 school year with either a filtered bottle filling station or filtered faucet.

Teacher and Administrator Evaluation Changes Senate Bill 395, Public Act 224 of 2023
SB 395 makes multiple changes to the teacher and administrator evaluation law, including changing the rating categories and the frequency of evaluations for effective employees and superintendents, and creating a process for reviewing an individual’s evaluation. This law goes into effect on July 1, 2024. More detailed information is available in our Nov. 1 edition of DashBoard.

Requiring Employee Information be Shared With Bargaining Units Senate Bill 169, Public Act 236 of 2023
This bill requires certain information about a new employee to be shared within 30 days of hiring with the bargaining unit representing the position. Information includes personal address, email, phone number as well as wages, job classification and work address. MASB opposed the bill because it does not require employee consent to share their information. It will go into effect on Feb. 13, 2024.

Paycheck Deduction of Political Action Committee Donations House Bill 4230, Public Acts 243 of 2023
This bill removes the prohibition on deducting political donations directly from a public employee’s paycheck. It would allow, not require, a payroll deduction plan to be set up with an employee’s consent. This will go into effect on Feb. 13, 2024.

Retirement Option Default for New Hires House Bill 5021, Public Act 250 of 2023
A new hire to a school district is required to choose a retirement plan within 75 days of their hire date. Currently, if the teacher has not selected a plan within that window, they default to a 401k, or the Tier 2 elective. This bill changes that default to the Tier 1, the pension hybrid plan. This will go into effect on Feb. 13, 2024.

Dental Assessments for School Enrollment Senate Bill 280, Public Act 316 of 2023
Beginning with the 2024-2025 school year, a parent or guardian must have their child receive a dental oral assessment within six months before the child enrolls in school for the first time. A district can’t hold a child out if they have not complied, but the parent must be informed of the requirement and allow the Department of Health and Human Services to select an entity or person to conduct the exam. Previously a dental exam was encouraged before enrollment.