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180 Days, 5 PD Days, Calendars: What’s Bargainable, What’s Not

Kacie Kefgen

By Kacie Kefgen, MASB Assistant Director of Labor Relations and Legal Services

DashBoard, April 6, 2016

As districts prepare for bargaining season, there are a few scheduling requirements that are helpful to keep in mind. Below, find six key requirements and relevant statute citations.

  1. Beginning in the 2016-2017 school year, districts must provide 180 days and 1,098 hours of student instruction in order to qualify for its full state aid payment.1 (MCL 388.1701)(3)(b))
  2. School districts must provide at least five days of teacher professional development per school year. (MCL 380.1527)
  3. Professional development can no longer be counted toward instructional days or hours. (MCL 388.1701(10))
  4. The minimum number of days and hours of instruction is a prohibited subject of bargaining. (MCL 423.215)
  5. Calendars are mandatory subjects of bargaining. (MCL 423.215)
  6. Districts must ensure that their school calendar follows their ISD’s common school calendar winter and spring breaks. School may not start before Labor Day unless the district has a waiver. (MCL 380.1284a & b)

How is it that the minimum number of days and hours is not bargainable, but the school calendar is bargainable?

It works out like this: if the district only plans to do the minimum, there should be no give-and-take between the union and the district in negotiations about how many days and hours will be in the school year. If the district would like to provide more instruction time than the minimum, it may propose that to the teachers. The parties could then work out a contract that includes more time than the minimum.

Once the instruction time is established, the parties can negotiate about how that instruction time falls across the school year.


1If a district has a collective bargaining agreement in place that went into effect June 24, 2014 or before, and that CBA includes a calendar that does not include 180 days of student instruction, the 180-day requirement will not be effective for that district until the CBA expires.

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