Mich. Comp. Laws § 38.101
This is the official text of Mich. Comp. Laws § 38.101, part of Michigan’s Comp. Laws — part of the compiled statutory law of Michigan, published by the state as "Comp. Laws." Browse the sections below, each linked to its official government source.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Teacher on continuing tenure; discharge, demotion, or retirement; continuation of contracts of teachers over retirement age.
Official statutory text
Sec. 1.
(1) Except as otherwise provided in section 1a of this article, discharge or demotion of a teacher on continuing tenure may be made only for a reason that is not arbitrary or capricious and only as provided in this act.
(2) This act does not prevent any controlling board from establishing a reasonable policy for retirement to apply equally to all teachers who are eligible for retirement under the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437, or, having established a reasonable retirement age policy, from temporarily continuing on a year-to-year basis on criteria equally applied to all teachers the contract of any teacher whom the controlling board might wish to retain beyond the established retirement age for the benefit of the school system.
History: 1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937; Am. 1941, Act 119, Imd. Eff. May 23, 1941; CL 1948, 38.101; Am. 1966, Act 15, Imd. Eff. Apr. 6, 1966; Am. 1993, Act 60, Eff. Oct. 1, 1993; Am. 2005, Act 136, Eff. Jan. 1, 2006; Am. 2011, Act 100, Imd. Eff. July 19, 2011
(1) Except as otherwise provided in section 1a of this article, discharge or demotion of a teacher on continuing tenure may be made only for a reason that is not arbitrary or capricious and only as provided in this act.
(2) This act does not prevent any controlling board from establishing a reasonable policy for retirement to apply equally to all teachers who are eligible for retirement under the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437, or, having established a reasonable retirement age policy, from temporarily continuing on a year-to-year basis on criteria equally applied to all teachers the contract of any teacher whom the controlling board might wish to retain beyond the established retirement age for the benefit of the school system.
History: 1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937; Am. 1941, Act 119, Imd. Eff. May 23, 1941; CL 1948, 38.101; Am. 1966, Act 15, Imd. Eff. Apr. 6, 1966; Am. 1993, Act 60, Eff. Oct. 1, 1993; Am. 2005, Act 136, Eff. Jan. 1, 2006; Am. 2011, Act 100, Imd. Eff. July 19, 2011
Status: in_force · Read it on the official government site
Need a lawyer in Michigan?
Find a Michigan lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.