The Governor recently signed legislation removing the cap on the number of charter schools allowed to operate in Michigan. Charter schools are public schools that receive per pupil state aid but operate independently of traditional public schools. SB 618 lifts the cap on schools authorized by universities, the primary charter school authorizer in Michigan, from its current 150 to 300 in 2012 and 500 in 2014, after which it will be removed entirely. The legislation also provides new reporting and accountability standards for charters.

 

In 2004, Michigan voters approved an initiative called Proposal 04‑2, to add a “defense of marriage” amendment to the State Constitution. With this constitutional amendment, Michigan became one of 30 states to ban legal recognition of same‑sex unions in state constitutions. Since then, municipalities have challenged the amendment by attempting to provide same‑sex domestic partner health insurance benefits to its employees. HB 4770 was recently enacted that bars these municipalities from providing such health care benefits. The measure applies to municipal and school employees and to both same-sex and straight couples. The new law does not apply to employees of the state public universities or to state government employees.

 

A bill was recently signed into law that amends the Michigan Employment Security Act with provisions that affect claimants’ eligibility and disqualifications, as well as penalties and recoveries. SB 806 includes actions that disqualify an employee from collecting unemployment benefits for failing to keep their training up to date, voluntarily leaving work, missing three consecutive days of work without informing their boss, testing positive for drugs and stealing from the business. Claimants must also be “actively engaged” in seeking work to receive benefits. In addition, after 10 weeks of state assistance, jobless workers are required to take a job or risk losing benefits if the job pays at least their area’s prevailing wage or is 120 percent more than their assistance check, even if it is outside of their field of training.

 

New legislation recently signed by the Governor overhauls the state’s worker’s compensation law. HB 5002 amends the Worker’s Disability Compensation Act and does the following: requires that an injury be medically distinguishable from an employee’s prior condition; provides that limitation of wage earning capacity would occur only if an employee was unable to perform all jobs paying the maximum wages in work suitable to his/her qualifications or training; changes the definition of “wage earning capacity” to include wages an employee earns or is capable of earning and provides that an employee has an affirmative duty to seek reasonably available work; includes pension and/or retirement benefits that an employee was entitled to receive among the amounts that must be deducted from weekly benefits; and allows an employee to be treated by his/her own physician after 28 days rather than after 10 days as was the case under the previous law.

 

Legislation recently enacted requires schools to adopt a policy that prohibits bullying. Under HB 4163, all local districts, intermediate districts and charter schools have six months to adopt and implement a policy prohibiting bullying at school. Districts that already having a policy that complies with the provisions of the new law are not required to adopt another; however, they will have to submit a copy of their policy to the Department of Education within 60 days. In addition, school boards are required to hold at least one public hearing on the proposed policy, and after adopting a policy, the board must submit it to the Department of Education within 30 days.