Amended Law Provides for Reduced Penalties for Noncertified School Staff

School districts whose employees do not comply with state certification and credentialing requirements for teaching, counseling, or serving as a substitute teacher face lesser penalties due to a newer law.

Last month, Gov. Gretchen Whitmer signed SB 118 into law, which amends the State School Aid Act to modify the penalty for employing a person who does is not properly certified or credentialed.

Prior to the amendment, a district, public school academy, or intermediate school district (ISD) that employed a person in violation of certification and credentialing requirements had the full amount that is paid to that person deducted from its school aid payment.

Certain events, such as a natural disaster or health emergency, like the COVID-19 pandemic, will reduce the deduction incurred if the superintendent of public instruction found that such an event hindered the ability to obtain a required credential.

The amended law lowers the penalty to 50 percent of the amount paid to the person for the period of employment and a 10-day grace period after notification of the violation with notification coming from the Michigan Department of Education (MDE). The revised penalty takes effect after July 1, 2021, and no deduction would be assessed for employment in violation of this rule between July 1, 2020, and June 30, 2021.

Help is available

To learn more about the additional provisions to the law, please contact the municipal law attorneys at O’Reilly Rancilio by calling 586-726-1000 or by visiting www.orlaw.com. The municipal attorneys have represented and served as counsel for school districts throughout metro Detroit for more than 30 years.

Categories: Municipal