A question that often gets asked is, when is it required for the board to vote on something? In the instance of employment contracts for superintendents and other administrators, the law clearly leans towards requiring an act of the school board. Under section 11a of the Revised School Code (RSC), an act of a school board is not valid unless approved, at a meeting of the school board, by a majority vote of the members lawfully serving on the board. 

Superintendents 

Section 1229(1) of the RSC (MCL 380.1229(1)) states the board of a local school district shall employ a superintendent of schools. The contract cannot exceed 5 years. In addition, this section establishes a 90-day notice of non-renewal before the termination of the contract, or the contract is automatically extended for an additional year.    

Other Administrators 

Section 1229(2) of the RSC provides guidance on whether school boards must vote on the employment of other administrative positions, stating the board of a district may employ assistant superintendents, principals, assistant principals, guidance directors, and other administrators who do not assume tenure under the teacher tenure act. The terms of these contracts, as fixed by the board, cannot exceed 3 years. Notice of non-renewal of these contracts must be given at least 60 days before the end of the contract, for reasons that are not arbitrary or capricious, and with a 30-day advance notice of the intention to issue the notice with an opportunity to meet with the board in closed session to discuss the matter. The non-renewal terms are not met, the contract is renewed for 1 year.  

If you have further questions on this or other legal matters, please do not hesitate to contact MASB's legal department.