Section 388.1766c - Basic instructional supplies; access; claims.

THE STATE SCHOOL AID ACT OF 1979 (EXCERPT)
Act 94 of 1979

***** 388.1766c THIS SECTION IS AMENDED EFFECTIVE OCTOBER 1, 2010: See 388.1766c.amended *****



388.1766c Basic instructional supplies; access; claims.

Sec. 166c.

(1) The board of a district or intermediate district shall ensure that all teachers and principals working in its schools and instructional programs have adequate access to basic instructional supplies. For the purposes of this section, the department shall develop and publish on its website a definition of what constitutes basic instructional supplies.

(2) If a teacher or principal does not have adequate access to basic instructional supplies, as required under subsection (1), he or she may file a claim with the department asserting the failure of the district or intermediate district to provide adequate access to basic instructional supplies. To facilitate the filing of claims, the department shall establish both a telephone line and an online system for filing a claim.

(3) Subject to subsection (4), if the department receives a claim under this subsection, the department shall contact the district or intermediate district in which the teacher or principal is employed to provide notification of the claim. Within 3 business days after receiving this notification, the district or intermediate district shall either provide to the teacher or principal adequate access to basic instructional supplies or provide to the teacher or principal and the department a written plan for appropriate corrective action. If the department is not satisfied with the response of the district or intermediate district, the department may elect to take corrective action, including, but not limited to, 1 or more of the following:

(a) Investigate and request further clarification of the response from the district or intermediate district.

(b) Withhold a portion of the total funds due to the district or intermediate district under this act and use that money to procure and make available an interim amount of basic instructional supplies for use by the teachers or principals in the district or intermediate district that filed claims under this section and whose claims were not adequately addressed, as determined by the department.

(4) If the department does not have sufficient resources to address all claims under this section, the department may prioritize claims based on need.

(5) The board of a district or intermediate district shall ensure that a teacher or principal who files a claim with the department under this section is not subject to any adverse treatment for filing the claim.

(6) Failure of a district or intermediate district to meet the requirements of this section does not create a cause of action or constitute a breach of any legal duty in a civil action.


History: Add. 2009, Act 203, Imd. Eff. Jan. 4, 2010