SB-0842, As Passed Senate, June 11, 2008

SUBSTITUTE FOR

SENATE BILL NO. 842

     A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending sections 1246, 1280b, 1527, and 1531 (MCL 380.1246,

380.1280b, 380.1527, and 380.1531), section 1246 as amended by 2004

PA 148, section 1280b as added by 2000 PA 230, section 1527 as

added by 1995 PA 289, and section 1531 as amended by 2007 PA 32,

and by adding section 1283.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1246. (1) A school district, public school academy, or

intermediate school district shall not continue to employ a person

as a superintendent, principal, assistant principal, or other

person whose primary responsibility is administering instructional

programs or as a chief business official unless the person has

completed the continuing education requirements prescribed by rule

under subsection (2).

     (2) The superintendent of public instruction shall promulgate

rules establishing continuing education requirements as a condition

for continued employment for persons employed in positions

described in subsection (1). The rules shall prescribe a minimum

amount of continuing education that shall be completed within 5

years after initial employment and shall be completed each

subsequent 5-year period to meet the requirements of subsection (1)

for continued employment.

     (3) The superintendent of public instruction shall revise the

rules promulgated under subsection (2) to do both of the following:

     (a) To require a person who is initially employed after July

1, 2013 in a position described in subsection (1), except for a

person employed as a chief business official, to have successfully

completed appropriate training in the use of data to identify,

interpret, and make decisions on whether intervention is needed on

an individual or building-level basis and the level of intervention

needed, and additional training in at least 3 research-based

reading interventions, including the intervention program described

in section 42 of the state school aid act of 1979. The training

shall be directed at the appropriate level of supervisory

involvement for the person.

     (b) To require a person who is already employed in a position

described in subsection (1), except for a person employed as a

chief business official, to successfully complete not later than

July 1, 2013 appropriate training in the use of data to identify,

interpret, and make decisions on whether intervention is needed on

an individual or building-level basis and the level of intervention

needed, and additional training in at least 3 research-based

reading interventions, including the intervention program described

in section 42 of the state school aid act of 1979. The training

shall be directed at the appropriate level of supervisory

involvement for the person.

     Sec. 1280b. (1) Subject to subsection (2), the board of a

school district, or board of directors of a public school academy

that operates any of grades 1 to 5, shall administer each school

year to all pupils in grades 1 to 5 a nationally-recognized norm-

referenced test or another assessment, which may include a locally-

adopted assessment, if the other assessment is approved by the

superintendent of public instruction at the request of the school

district or public school academy.

     (2) A school district or public school academy may use the

Michigan literacy progress profile to assess literacy in grades 1

to 3 as part of its compliance with subsection (1).

     (3) If a school is designated for participation in the

national assessment of education progress program, the school shall

participate as designated.

     (4) An elementary school that is not in compliance with

subsection (1) or a school that does not comply with subsection (3)

shall not be accredited under section 1280.

     Sec. 1283. The department shall do all of the following:

     (a) Develop and make available a model summer English language

arts program that may be adopted by school districts and public

school academies for pupils who will be attending grades 1 to 4 in

the next school year and have demonstrated the need for additional

literacy skills training, as evidenced by assessment required under

state law. The model English language arts program shall be aligned

with grade level content expectations in English language arts

established by the department and shall meet the requirements for

federal funding under the title I program administered by the

United States department of education office of elementary and

secondary education.

     (b) Develop or adopt and make available a model early

intervention program that can be used by school districts,

intermediate school districts, and public school academies to

improve reading skills during the academic year. The model program

shall be designed to meet requirements for an intervention program

under section 42 of the state school aid of 1979.

     (c) Develop and make available a statewide resource guide of

public and private supplemental service providers, as required

under the no child left behind act of 2001, Public Law 107-110, to

assist parents in improving their child's literacy skills.

     Sec. 1527. (1) The board of each school district , or

intermediate school district , or board of directors of a public

school academy shall provide at least 1 day of teacher professional

development in the 1997-1998 school year, at least 2 days of

teacher professional development in the 1998-1999 school year, at

least 3 days of teacher professional development in the 1999-2000

school year, at least 4 days of teacher professional development in

the 2000-2001 school year, and at least 5 days of teacher

professional development in the 2001-2002 school year and each

school year. after the 2001-2002 school year. Professional

development days provided under this section shall not be counted

toward the professional development required under section 1526.

     (2) As part of providing the 5 days of teacher professional

development per school year required under subsection (1), not

later than July 1, 2011, the board of a school district or

intermediate school district or board of directors of a public

school academy shall provide at least a total of 5 days of teacher

professional development dedicated to instructing teachers in the

diagnosis and remediation of reading disabilities and

differentiated instruction. The instruction shall be consistent

with the course of study described in section 1531(5). A school

district, intermediate school district, or public school academy is

not required to provide this type of professional development to a

teacher who has already completed this same type of instruction as

part of a college level course of study.

     Sec. 1531. (1) Except as provided in this act, the

superintendent of public instruction shall determine the

requirements for and issue all licenses and certificates for

teachers, including preprimary teachers, and the requirements for

an endorsement of teachers as qualified counselors and an

endorsement of teachers for teaching a foreign language in an

elementary grade in the public schools of the state.

     (2) Except as otherwise provided in this act, the

superintendent of public instruction shall only issue a teaching

certificate to a person who has passed appropriate examinations as

follows:

     (a) For a secondary level teaching certificate, has passed

both the basic skills examination and the appropriate available

subject area examination for each subject area in which he or she

applies to be certified.

     (b) For an elementary level teaching certificate, has passed

the basic skills examination and, if it is available, the

elementary certification examination, and has passed the

appropriate available subject area examination for each subject

area, if any, in which he or she applies to be certified.

     (3) Except as otherwise provided in this act, the

superintendent of public instruction shall issue a Michigan

teaching certificate to a person holding a certificate from another

state or a teaching degree from an out-of-state teacher preparation

institution who applies for a Michigan teaching certificate only if

the person passes appropriate examinations as follows:

     (a) For a secondary level teaching certificate, pass both the

basic skills examination and the appropriate available subject area

examination for each subject area in which he or she applies to be

certified. The superintendent of public instruction may accept

passage of an equivalent examination approved by the superintendent

of public instruction to meet 1 or both of these requirements.

     (b) For an elementary level teaching certificate, pass the

basic skills examination and, if it is available, the elementary

certification examination, and pass the appropriate available

subject area examination for each subject area, if any, in which he

or she applies to be certified. The superintendent of public

instruction may accept passage of an equivalent examination

approved by the superintendent of public instruction to meet 1 or

more of these requirements.

     (4) Except as otherwise provided in this act, the

superintendent of public instruction shall only issue a teaching

certificate to a person who has met the elementary or secondary, as

applicable, reading credit requirements established under

superintendent of public instruction rule.

     (5) In addition to the reading credit requirements of

subsection (4), except as otherwise provided in this act, all of

the following apply:

     (a) If a person holds a provisional teaching certificate, then

beginning July 1, 2009, notwithstanding any rule to the contrary,

the superintendent of public instruction shall not advance the

person's certification to professional certification unless the

person has successfully completed at least a 3-credit course of

study with appropriate field experiences in the diagnosis and

remediation of reading disabilities and differentiated instruction.

To meet this requirement, the The course of study shall meet the

requirements of subdivision (b). A person may complete the course

of study either as part of his or her teacher preparation program

or during the first 6 years of his or her employment in classroom

teaching.

     (b) The course of study required under subdivision (a) should

include the following elements, as determined by the department to

be appropriate for the person's certification level and

endorsements: interest inventories, English language learning

screening, visual and auditory discrimination tools, language

expression and processing screening, phonemics, phonics,

vocabulary, fluency, comprehension, spelling and writing assessment

tools, and instructional strategies. A person may complete the

course of study either as part of his or her teacher preparation

program or during the first 6 years of his or her employment in

classroom teaching.

(6) (5) Not later than January 11, 2002, the superintendent of

public instruction, in cooperation with appropriate curriculum

specialists and teacher educators, shall revise existing reading

standards to recognize reading disorders and to enable teachers to

make referrals for instruction and support for pupils with reading

disorders.

(7) (6) Subject to subsection (8) (9), if a person holding a

teaching certificate from another state applies to the

superintendent of public instruction for a Michigan teaching

certificate and meets the requirements of this subsection, the

superintendent of public instruction shall issue to the person a

Michigan professional education teaching certificate and applicable

endorsements comparable to those the person holds in the other

state, without requiring the person to pass a basic skills

examination or the applicable subject area examination otherwise

required under subsection (2) or (3). To be eligible to receive a

Michigan professional education teaching certificate under this

subsection, a person shall provide evidence satisfactory to the

department that he or she meets all of the following requirements:

     (a) Has taught successfully for at least 3 years in a position

for which the person's teaching certification from the other state

was valid.

     (b) Has earned, after his or her initial certification in

another state, at least 18 semester credit hours in a planned

course of study at an institution of higher education approved by

the superintendent of public instruction or has earned, at any

time, a master's or doctoral degree approved by the superintendent

of public instruction.

     (c) Has met the elementary or secondary, as applicable,

reading credit requirement established under superintendent of

public instruction rule.

(8) (7) A person who receives a teaching certificate and

endorsement or endorsements under subsection (6) (7) is eligible to

receive 1 or more additional endorsements comparable to

endorsements the person holds in another state only if the person

passes the appropriate subject area examinations required under

subsection (2) or (3).

(9) (8) The superintendent of public instruction shall deny a

Michigan teaching certificate to a person described in subsection

(6) (7) for fraud, material misrepresentation, or concealment in

the person's application for a certificate or for a conviction for

which a person's teaching certificate may be revoked under section

1535a.

(10) (9) The department, based upon criteria recommended

pursuant to subsection (11) (12), shall provide to approved teacher

education institutions guidelines and criteria approved by the

superintendent of public instruction for use in the development or

selection of a basic skills examination and approved guidelines and

criteria for use in the development or selection of subject area

examinations.

(11) (10) For the purposes of this section, the superintendent

of public instruction, based upon criteria recommended pursuant to

subsection (11) (12), shall develop, select, or develop and select

1 or more basic skills examinations and subject area examinations.

In addition, the superintendent of public instruction, based upon

criteria recommended pursuant to subsection (11) (12), shall

approve an elementary certification examination and a reading

subject area examination.

(12) (11) The superintendent of public instruction shall

appoint an 11-member teacher examination advisory committee

comprised of representatives of approved teacher education

institutions and Michigan education organizations and associations.

Not more than 1/2 of the members comprising this committee shall be

certified teachers. This committee shall recommend criteria to be

used by the superintendent of public instruction in the

development, selection, or development and selection of 1 or more

basic skills examinations, and criteria to be used by the

superintendent of public instruction in the development, selection,

or development and selection of subject area examinations. In

addition, the committee shall recommend guidelines for the use and

administration of those examinations. The basic skills examinations

referred to in this subsection may be developed by the

superintendent of public instruction or selected by the

superintendent of public instruction from commercially or

university developed examinations. In addition, an approved teacher

education institution, pursuant to guidelines and criteria

described in subsection (9) (10), may develop an examination at its

own expense for approval by the superintendent of public

instruction. An approved teacher education institution that

develops its own examination is liable for any litigation that

results from the use of its examination.

(13) (12) The superintendent of public instruction shall

appoint a 7-member standing technical advisory council comprised of

persons who are experts in measurement and assessment. This council

shall advise the superintendent of public instruction and the

teacher examination committee on the validity, reliability, and

other technical standards of the examinations that will be used or

are being used and of the administration and use of those

examinations.

(14) (13) Not later than November 30 of each year, the

superintendent of public instruction shall submit in writing a

report on the development or selection and use of the basic skills

examination, the elementary certification examination, and the

subject area examinations to the house and senate education

committees. The report shall also contain a financial statement

regarding revenue received from the assessment of fees levied

pursuant to subsection (15) (16) and the amount of and any purposes

for which that revenue was expended.

(15) (14) The basic skills examination, the elementary

certification examination, and the subject area examinations

required by this section may be taken at different times during an

approved teacher preparation program, but the basic skills

examination must be passed before a person is enrolled for student

teaching and the elementary certification examination and the

subject area examinations, as applicable, must be passed before a

person is recommended for certification.

(16) (15) The department, or if approved by the superintendent

of public instruction, a private testing service, may assess fees

for taking the basic skills examination, elementary certification

examination, and the subject area examinations. The fees, which

shall be set by the superintendent of public instruction, shall not

exceed $50.00 for a basic skills examination or $75.00 for an

elementary certification examination or a subject area examination.

However, if a subject area examination for vocational education

includes a performance examination, an additional fee may be

assessed for taking the performance examination, not to exceed the

actual cost of administering the performance examination. Fees

received by the department shall be expended solely for

administrative expenses that it incurs in implementing this

section.

(17) (16) If a person holding a teaching certificate from

another state applies for a Michigan teaching certificate and meets

all requirements for the Michigan teaching certificate except

passage of the appropriate examinations under subsection (3), the

superintendent of public instruction shall issue a nonrenewable

temporary teaching certificate, good for 1 year, to the person. The

superintendent of public instruction shall not issue a Michigan

teaching certificate to the person after expiration of the

temporary teaching certificate unless the person passes appropriate

examinations as described in subsection (3).

(18) (17) As used in this section:

     (a) "Basic skills examination" means an examination developed

or selected by the superintendent of public instruction or

developed pursuant to subsection (11) (12) by an approved teacher

education institution for the purpose of demonstrating the

applicant's knowledge and understanding of basic language and

mathematical skills and other skills necessary for the certificate

sought, and for determining whether or not an applicant is eligible

for a provisional Michigan teaching certificate.

     (b) "Elementary certification examination" means a

comprehensive examination for elementary certification that has

been developed or selected by the superintendent of public

instruction for demonstrating the applicant's knowledge and

understanding of the core subjects normally taught in elementary

classrooms and for determining whether or not an applicant is

eligible for an elementary level teaching certificate.

     (c) "Subject area examination" means an examination related to

a specific area of certification, which examination has been

developed or selected by the superintendent of public instruction

for the purpose of demonstrating the applicant's knowledge and

understanding of the subject matter and determining whether or not

an applicant is eligible for a Michigan teaching certificate.

(19) (18) The superintendent of public instruction shall

promulgate rules for the implementation of this section.

(20) (19) Notwithstanding any rule to the contrary, the

superintendent of public instruction shall continue to issue state

elementary or secondary continuing education certificates pursuant

to R 390.1132(1) of the Michigan administrative code to persons who

completed the requirements of that rule by December 31, 1992 and

who apply for that certificate not later than March 15, 1994. If

the superintendent of public instruction has issued a state

elementary or secondary professional education certificate to a

person described in this section, the superintendent of public

instruction shall consider the person to have a state elementary or

secondary, as applicable, continuing education certificate.

     Enacting section 1. This amendatory act does not take effect

unless Senate Bill No. 1275 of the 94th Legislature is enacted into

law.