Order Michigan Supreme Court Lansing, Michigan November 2, 2011 Robert P. Young, Jr., Chief Justice 143354 Michael F. Cavanagh Marilyn Kelly Stephen J. Markman Diane M. Hathaway Mary Beth Kelly HOWARD HUBBARD, Brian K. Zahra, Petitioner-Appellee, Justices v SC: 143354 COA: 293292 STC: 2008-000305 DETROIT PUBLIC SCHOOLS, Respondent-Appellant. _________________________________________/ On order of the Court, the application for leave to appeal the March 31, 2011 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and we REMAND this case to the Court of Appeals as on reconsideration granted. The court shall consider whether jurisdiction in the Court of Appeals was lacking where the petitioning teacher did not file a statement of exceptions to the decision of the Administrative Law Judge. See MCL 38.104(5)(l), which provides: “A matter that is not included in a statement of exceptions filed under subdivision (j) or in a statement of cross-exceptions filed under subdivision (k) is considered waived and cannot be heard before the tenure commission or on appeal to the court of appeals.” We do not retain jurisdiction. I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. November 2, 2011 _________________________________________ p1026 Clerk