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MESC v Orchard View School District 5.03

Section 27(i)

DENIAL PERIOD, Substitute teacher, Reasonable assurance, Full time contract teacher

CITE AS: MESC v Orchard View School District No. 82-16963 AV, Muskegon Circuit Court (January 12, 1983)

Appeal pending: No

Claimant: Susan D. Stone,

Employer: Orchard View School District

Docket No: ERB81 12652 80417

CIRCUIT COURT HOLDING: Substitute teachers are not excepted from the school denial provisions of the Act.

FACTS: Claimant, a contract teacher, was laid off for lack of work. She applied for unemployment benefits and began working as a substitute teacher for Orchard View and Mona Shores School Districts. Mona Shores School District provided one or two days a week of substitute teaching. She was given assurance that she would be on the substitute teachers' list for Mona Shores School District for the following semester.

DECISION: Claimant is ineligible for benefits.

RATIONALE: The Act itself does not spell out that substitute work for a contract full time teacher excepts Claimant from the denial provisions of the Act. "When exceptions are being dealt with, it is necessary that there be a strict interpretation of the Act."

11/90

5, 6, d1:E

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