Legislative Shenanigans: Lame Duck Update

The chaotic, drama-filled final weeks of the Michigan Legislature’s 2023-2024 Session resulted in the Legislature’s passage of approximately 100 bills, including some that impact schools.

Public Employer Medical Benefit Plan Contributions

As detailed in our January 4, 2025 E-Blast, the Michigan Legislature passed House Bill 6058 on December 20, 2024 which, if signed by Governor Gretchen Whitmer, would amend the Publicly Funded Health Insurance Contribution Act (PA 152) to increase the amount public employers are required to pay toward employees’ medical benefit plans by approximately 7%. Specifically, under HB 6058, for medical benefit plan coverage years beginning on or after January 1, 2025, a public employer could contribute up to the following amounts toward a medical benefit plan:

  • $8,258.54 multiplied by the number of employees with single-person coverage;
  • $17,271.14 multiplied by the number of employees with individual and spouse coverage or individual-plus-1-nonspouse-dependent coverage; and
  • $22,523.34 multiplied by the number of employees with family coverage.

HB 6058 establishes future increases each year “based on any change in the medical care component of the average of the Michigan health insurance rates, as approved by the department of insurance and financial services, or by 3%, whichever is greater.”

HB 6058 provides an exception to the increased hard cap amounts, as it would not apply to employees covered by an inconsistent collective bargaining agreement or other contract until the contract is amended. School officials should review existing collective bargaining agreements and individual contracts to determine if a conflict exists between the contractual language and the newly amended PA 152.

Additionally, HB 6058 would require all public employers to pay at least 80% of the total annual costs of the medical benefit plans they offer or contribute to for their employees. HB 6058 provides an exception to the 80% floor, however, as it would not apply to employees covered by an inconsistent collective bargaining agreement or other contract until the contract’s stated expiration date or the date the contract is extended or renewed. Further, HB 6058 would prohibit a collective bargaining agreement or other contract executed on or after January 1, 2025, from including terms inconsistent with the above-described 80% minimum employer contribution.

Notably, as of today, January 30, 2025, HB 6058 has not yet been presented to Governor Whitmer for signature.

Safe Storage of Firearms Information

On December 19, 2024, the Michigan Legislature passed House Bills 5450 and 5451 that amend the Michigan Revised School Code (RSC) by adding Section 1313b. HB 5450 and HB 5451 were signed by Governor Whitmer on January 22, 2025 and assigned Public Acts 257 and 258, respectively.

Public Act 257 of 2024 requires the Michigan Department of Health and Human Services to develop an informational notice containing information and best practices for the storage of firearms by June 1, 2025. DHHS must then provide the notice to the Michigan Department of Education and all public and non-public schools.

Public Act 258 of 2024 requires schools to distribute, electronically or by U.S. Mail, the informational notice to the parent or legal guardian of each student enrolled in the school every October 1, beginning this year. MDE is required to post this informational notice on its website by October 1, 2025, and by that same date schools are required to post on their websites links to the MDE webpage that contains this notice.

Behavioral Threat Assessment and Management Teams

On January 22, 2025, Governor Gretchen Whitmer signed House Bill 5549 of 2024, Public Act 272 of 2025. PA 272 amends the RSC by adding Section 1308e requiring that schools establish behavior threat assessment and management teams. These teams must be established by not later than October 1, 2026 and must be comprised of:

  • a school administrator, who would be responsible for ensuring that the behavior threat assessment and management team fulfills its duties (as described below);
  • a mental health professional; and
  • a school resource officer or other law enforcement official.

“Mental health professional” as used in PA 272 refers to an individual who is trained and experienced in the area of mental illness or developmental disabilities and is one of the following as authorized under the Public Health Code:

  • physician;
  • psychologist;
  • licensed or authorized registered professional nurse;
  • licensed master’s social worker;
  • licensed professional counselor; or
  • marriage and family therapist.

PA 272 requires the threat assessment and management team to fulfill the following duties:

  • define prohibited and concerning behavior and educate the school community on when someone is at risk for potential harm to themselves or others;
  • monitor, assess, and inquire into concerning behavior;
  • distinguish between credible and noncredible threats;
  • develop a central reporting mechanism and educate students, parents, legal guardians, and school personnel about how to report concerning behavior and what behavior is appropriate to report;
  • outline the relationship between school personnel and law enforcement and determine the threshold for when law enforcement intervention is required; and
  • develop a written plan to assist a student who is engaging in concerning behavior. The plan would need to consider using supportive measures in addition to any punitive measures imposed.

“Supportive measures” as used in RSC 1308e refers to interventions involving school-based and community-based support structures that focus on building resiliency and protecting the student while also addressing any safety concerns.

PSA Transparency

On December 19, 2024, the Michigan Legislature passed House Bills 5231, 5232, 5233, and 5234 and 5269 of 2024, which would amend the Revised School Code to create certain transparency requirements for public school academies (PSAs). HB 5231-5234 and 5269 were all signed by Governor Whitmer on January 17, 2025 and assigned Public Acts 210-214 respectively.

PAs 210-213 would require a PSA to list the names of its authorizing body and primary education management organization on property signage, promotional material, website, and student applications. The names would also need to be included in contracts between an authorizing body and a school on or after the bills’ effective date.

In addition, PA 214 would require each PSA to post the average salary for teachers and support staff on its website by November 1 each year.

Since none of these bills received a two-thirds vote in each chamber of the Legislature, they become effective 91 days after the final adjournment of the 2024 legislative session, on April 2, 2025.

We await Governor Whitmer’s decision on whether she will sign HB 6058, and we will update our retainer clients with any other developments.