December 18, 2014, Introduced by Rep. Rutledge and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 5 and 1249 (MCL 380.5 and 380.1249), section 5
as amended by 2011 PA 232 and section 1249 as amended by 2014 PA
257.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) "Local act school district" or "special act school
district" means a district governed by a special or local act or
chapter of a local act. "Local school district" and "local school
district board" as used in article 3 include a local act school
district and a local act school district board.
(2) "Master teacher" means an individual who meets all of the
following:
(a) Holds a valid advanced professional teaching certificate
issued by the department.
(b) Has received a rating of effective or highly effective on
his or her most recent annual or biennial year-end performance
evaluation under section 1249.
(3) (2)
"Membership" means the
number of full-time equivalent
pupils in a public school as determined by the number of pupils
registered for attendance plus pupils received by transfer and
minus pupils lost as defined by rules promulgated by the state
board.
(4) (3)
"Michigan election law"
means the Michigan election
law, 1954 PA 116, MCL 168.1 to 168.992.
(5) (4)
"Nonpublic school" means
a private, denominational, or
parochial school.
(6) (5)
"Objectives" means
measurable pupil academic skills
and knowledge.
(7) (6)
"Public school" means a
public elementary or secondary
educational entity or agency that is established under this act,
has as its primary mission the teaching and learning of academic
and vocational-technical skills and knowledge, and is operated by a
school district, local act school district, special act school
district, intermediate school district, school of excellence,
public school academy corporation, strict discipline academy
corporation, urban high school academy corporation, or by the
department or state board. Public school also includes a laboratory
school or other elementary or secondary school that is controlled
and operated by a state public university described in section 4,
5, or 6 of article VIII of the state constitution of 1963.
(8) (7)
"Public school academy"
means a public school academy
established under part 6a and, except as used in part 6a, also
includes an urban high school academy established under part 6c, a
school of excellence established under part 6e, and a strict
discipline academy established under sections 1311b to 1311m.
(9) (8)
"Pupil membership count
day" of a school district
means that term as defined in section 6 of the state school aid act
of 1979, MCL 388.1606.
(10) (9)
"Regular school election"
or "regular election" means
the election held in a school district, local act school district,
or intermediate school district to elect a school board member in
the regular course of the terms of that office and held on the
school district's regular election date as determined under section
642c of the Michigan election law, MCL 168.642c.
(11) (10)
"Reorganized intermediate
school district" means an
intermediate school district formed by consolidation or annexation
of 2 or more intermediate school districts under sections 701 and
702.
(12) (11)
"Rule" means a rule
promulgated under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
Sec. 1249. (1) Subject to subsection (7), with the involvement
of teachers and school administrators, the board of a school
district or intermediate school district or board of directors of a
public school academy shall adopt and implement for all teachers
and school administrators a rigorous, transparent, and fair
performance evaluation system that does all of the following:
(a) Evaluates the teacher's or school administrator's job
performance at least annually while providing timely and
constructive feedback.
(b) Establishes clear approaches to measuring student growth
and provides teachers and school administrators with relevant data
on student growth.
(c) Evaluates a teacher's or school administrator's job
performance, using multiple rating categories that take into
account data on student growth as a significant factor. For 2014-
2015, for grades and subjects in which state assessments are
administered in compliance with 20 USC 6311, student growth must be
measured, at least in part, using the state assessments, and for
grades and subjects in which state assessments are not required and
administered for purposes of 20 USC 6311, student growth must be
measured, at least in part, using alternative assessments that are
rigorous and comparable across schools within the school district,
intermediate school district, or public school academy. If the
performance evaluation system implemented by a school district,
intermediate school district, or public school academy under this
section does not already include the rating of teachers as highly
effective, effective, minimally effective, and ineffective, then
the school district, intermediate school district, or public school
academy shall revise the performance evaluation system not later
than September 19, 2011 to ensure that it rates teachers as highly
effective, effective, minimally effective, or ineffective.
(d) Uses the evaluations, at a minimum, to inform decisions
regarding all of the following:
(i) The effectiveness of teachers and school administrators,
ensuring that they are given ample opportunities for improvement.
(ii) Promotion, retention, and development of teachers and
school administrators, including providing relevant coaching,
instruction support, or professional development.
(iii) Whether to grant tenure or full certification, or both, to
teachers and school administrators using rigorous standards and
streamlined, transparent, and fair procedures.
(iv) Removing ineffective tenured and untenured teachers and
school administrators after they have had ample opportunities to
improve, and ensuring that these decisions are made using rigorous
standards and streamlined, transparent, and fair procedures.
(2) Beginning with the 2015-2016 school year, the board of a
school district or intermediate school district or board of
directors of a public school academy shall ensure that the
performance evaluation system for teachers meets all of the
following:
(a) The performance evaluation system shall include at least
an annual year-end evaluation for all teachers. An annual year-end
evaluation shall meet all of the following:
(i) At least 50% of the annual year-end evaluation shall be
based on student growth and assessment data. All student growth and
assessment data shall be measured using the student growth
assessment tool that is required under legislation enacted by the
legislature after review of the recommendations contained in the
report of the former Michigan council for educator effectiveness.
(ii) If there are student growth and assessment data available
for a teacher for at least 3 school years, the annual year-end
evaluation shall be based on the student growth and assessment data
for the most recent 3-consecutive-school-year period. If there are
not student growth and assessment data available for a teacher for
at least 3 school years, the annual year-end evaluation shall be
based on all student growth and assessment data that are available
for the teacher.
(iii) The annual year-end evaluation shall include specific
performance goals that will assist in improving effectiveness for
the next school year and are developed by the school administrator
or his or her designee conducting the evaluation, in consultation
with the teacher, and any recommended training identified by the
school administrator or designee, in consultation with the teacher,
that would assist the teacher in meeting these goals. For a teacher
described in subdivision (b), the school administrator or designee
shall develop, in consultation with the teacher, an individualized
development plan that includes these goals and training and is
designed to assist the teacher to improve his or her effectiveness.
(b) The performance evaluation system shall include a midyear
progress report for a teacher who is in the first year of the
probationary period prescribed by section 1 of article II of 1937
(Ex Sess) PA 4, MCL 38.81, or who received a rating of minimally
effective or ineffective in his or her most recent annual year-end
evaluation. The midyear progress report shall be used as a
supplemental tool to gauge a teacher's improvement from the
preceding school year and to assist a teacher to improve. All of
the following apply to the midyear progress report:
(i) The midyear progress report shall be based at least in part
on student achievement.
(ii) The midyear progress report shall be aligned with the
teacher's individualized development plan under subdivision (a)(iii).
(iii) The midyear progress report shall include specific
performance goals for the remainder of the school year that are
developed by the school administrator conducting the annual year-
end evaluation or his or her designee and any recommended training
identified by the school administrator or designee that would
assist the teacher in meeting these goals. At the midyear progress
report, the school administrator or designee shall develop, in
consultation with the teacher, a written improvement plan that
includes these goals and training and is designed to assist the
teacher to improve his or her rating.
(iv) The midyear progress report shall not take the place of an
annual year-end evaluation.
(c) The performance evaluation system shall include classroom
observations to assist in the performance evaluations. All of the
following apply to these classroom observations:
(i) Except as provided in this subdivision, the manner in which
a classroom observation is conducted shall be prescribed in the
evaluation tool for teachers described in subdivision (d).
(ii) A classroom observation shall include a review of the
teacher's lesson plan and the state curriculum standard being used
in the lesson and a review of pupil engagement in the lesson.
(iii) A classroom observation does not have to be for an entire
class period.
(iv) Unless a teacher has received a rating of effective or
highly effective on his or her 2 most recent annual year-end
evaluations, there shall be multiple classroom observations of the
teacher each school year.
(d) For the purposes of conducting annual year-end evaluations
under the performance evaluation system, the school district,
intermediate school district, or public school academy shall adopt
and implement the state evaluation tool for teachers that is
required under legislation enacted by the legislature after review
of the recommendations contained in the report of the former
Michigan council for educator effectiveness. However, if a school
district, intermediate school district, or public school academy
has a local evaluation tool for teachers that is consistent with
the state evaluation tool, the school district, intermediate school
district, or public school academy may conduct annual year-end
evaluations for teachers using that local evaluation tool.
(e) The performance evaluation system shall assign an
effectiveness rating to each teacher of highly effective,
effective, minimally effective, or ineffective, based on his or her
score on the annual year-end evaluation described in this
subsection.
(f) As part of the performance evaluation system, and in
addition to the requirements of section 1526, a school district,
intermediate school district, or public school academy is
encouraged to assign a mentor or coach to each teacher who is
described in subdivision (b). The teacher and the school
administration may agree upon the mentor or coach. If the teacher
and school administration are unable to agree upon a mentor or
coach, the school administration shall assign a master teacher to
act as the mentor or coach, if available.
(g) The performance evaluation system may allow for exemption
of student growth data for a particular pupil for a school year
upon the recommendation of the school administrator conducting the
annual year-end evaluation or his or her designee and approval of
the school district superintendent or his or her designee,
intermediate superintendent or his or her designee, or chief
administrator of the public school academy, as applicable.
(h) The performance evaluation system shall provide that, if a
teacher is rated as ineffective on 3 consecutive annual year-end
evaluations, the school district, public school academy, or
intermediate school district shall dismiss the teacher from his or
her employment. This subdivision does not affect the ability of a
school district, intermediate school district, or public school
academy to dismiss an ineffective teacher from his or her
employment regardless of whether the teacher is rated as
ineffective on 3 consecutive annual year-end evaluations.
(i) The performance evaluation system shall provide that, if a
teacher is rated as highly effective on 3 consecutive annual year-
end evaluations, the school district, intermediate school district,
or public school academy may choose to conduct a year-end
evaluation biennially instead of annually. However, if a teacher is
not rated as highly effective on 1 of these biennial year-end
evaluations, the teacher shall again be provided with annual year-
end evaluations.
(j) The performance evaluation system shall provide that, if a
teacher who is not in a probationary period prescribed by section 1
of article II of 1937 (Ex Sess) PA 4, MCL 38.81, is rated as
ineffective on an annual year-end evaluation, the teacher may
request a review of the evaluation and the rating by the school
district superintendent, intermediate superintendent, or chief
administrator of the public school academy, as applicable. The
request for a review must be submitted in writing within 20 days
after the teacher is informed of the rating. Upon receipt of the
request, the school district superintendent, intermediate
superintendent, or chief administrator of the public school
academy, as applicable, shall review the evaluation and rating and
may make any modifications as appropriate based on his or her
review. However, the performance evaluation system shall not allow
for a review as described in this subdivision more than twice in a
3-school-year period.
(3) Beginning with the 2015-2016 school year, the board of a
school district or intermediate school district or board of
directors of a public school academy shall ensure that the
performance evaluation system for building-level school
administrators and for central office-level school administrators
who are regularly involved in instructional matters meets all of
the following:
(a) The performance evaluation system shall include at least
an annual year-end evaluation for all school administrators
described in this subsection by the school district superintendent
or his or her designee, intermediate superintendent or his or her
designee, or chief administrator of the public school academy, as
applicable, except that a superintendent or chief administrator
shall be evaluated by the board or board of directors.
(b) At least 50% of the annual year-end evaluation shall be
based on student growth and assessment data. The student growth and
assessment data to be used for the school administrator annual
year-end evaluation are the aggregate student growth and assessment
data that are used in teacher annual year-end evaluations in each
school in which the school administrator works as an administrator
or, for a central-office level school administrator, for the entire
school district or intermediate school district.
(c) The portion of the annual year-end evaluation that is not
based on student growth and assessment data shall be based on at
least the following for each school in which the school
administrator works as an administrator or, for a central-office
level school administrator, for the entire school district or
intermediate school district:
(i) If the school administrator conducts teacher performance
evaluations, the school administrator's training and proficiency in
using the evaluation tool for teachers described in subsection
(2)(d), including a random sampling of his or her teacher
performance evaluations to assess the quality of the school
administrator's input in the teacher performance evaluation system.
If the school administrator designates another person to conduct
teacher performance evaluations, the evaluation of the school
administrator on this factor shall be based on the designee's
training and proficiency in using the evaluation tool for teachers
described in subsection (2)(d), including a random sampling of the
designee's teacher performance evaluations to assess the quality of
the designee's input in the teacher performance evaluation system,
with the designee's performance to be counted as if it were the
school administrator personally conducting the teacher performance
evaluations.
(ii) The progress made by the school or school district in
meeting the goals set forth in the school's school improvement plan
or the school district's school improvement plans.
(iii) Pupil attendance in the school or school district.
(iv) Student, parent, and teacher feedback, and other
information considered pertinent by the superintendent or other
school administrator conducting the performance evaluation or the
board or board of directors.
(d) For the purposes of conducting performance evaluations
under the performance evaluation system, the school district,
intermediate school district, or public school academy shall adopt
and implement the state evaluation tool for school administrators
described in this subsection that is required under legislation
enacted by the legislature after review of the recommendations
contained in the report of the former Michigan council for educator
effectiveness. However, if a school district, intermediate school
district, or public school academy has a local evaluation tool for
school administrators described in this subsection that is
consistent with the state evaluation tool, the school district,
intermediate school district, or public school academy may conduct
performance evaluations for school administrators using that local
evaluation tool.
(e) The performance evaluation system shall assign an
effectiveness rating to each school administrator described in this
subsection of highly effective, effective, minimally effective, or
ineffective, based on his or her score on the evaluation tool
described in subdivision (d).
(f) The performance evaluation system shall ensure that if a
school administrator described in this subsection is rated as
minimally effective or ineffective, the person or persons
conducting the evaluation shall develop and require the school
administrator to implement an improvement plan to correct the
deficiencies. The improvement plan shall recommend professional
development opportunities and other measures designed to improve
the rating of the school administrator on his or her next annual
year-end evaluation.
(g) The performance evaluation system shall provide that, if a
school administrator described in this subsection is rated as
ineffective on 3 consecutive annual year-end evaluations, the
school district, public school academy, or intermediate school
district shall dismiss the school administrator from his or her
employment. However, this subdivision applies only if the 3
consecutive annual year-end evaluations are conducted using the
same evaluation tool and under the same performance evaluation
system. This subdivision does not affect the ability of a school
district, intermediate school district, or public school academy to
dismiss an ineffective school administrator from his or her
employment regardless of whether the school administrator is rated
as ineffective on 3 consecutive annual year-end evaluations.
(h) The performance evaluation system shall provide that, if a
school administrator is rated as highly effective on 3 consecutive
annual year-end evaluations, the school district, intermediate
school district, or public school academy may choose to conduct a
year-end evaluation biennially instead of annually. However, if a
school administrator is not rated as highly effective on 1 of these
biennial year-end evaluations, the school administrator shall again
be provided with annual year-end evaluations.
(4) It is the intent of the legislature to review the report
submitted by the former Michigan council for educator effectiveness
and to enact appropriate legislation to put into place a statewide
performance evaluation system taking into consideration the
recommendations contained in the report.
(5) If all of the following apply for a public school operated
by a school district, intermediate school district, or public
school academy, then the school district, intermediate school
district, or public school academy is not required to comply with
subsection (2) or (3) for that public school:
(a) As of July 19, 2011, the school district, intermediate
school district, or public school academy had already implemented
and is currently using a performance evaluation system for that
public school that meets all of the following requirements:
(i) Under the system, the most significant portion of a
teacher's or school administrator's evaluation is based on student
growth and assessment data, which may include value-added measures.
(ii) The system uses research-based measures to determine
student growth. For 2014-2015, for grades and subjects in which
state assessments are administered in compliance with 20 USC 6311,
student growth must be measured, at least in part, using the state
assessments, and for grades and subjects in which state assessments
are not required and administered for purposes of 20 USC 6311,
student growth must be measured, at least in part, using
alternative assessments that are rigorous and comparable across
schools within the school district, intermediate school district,
or public school academy. Student growth also may be measured by
standards-based, nationally normed assessments and other objective
criteria which may include other national or local assessments.
(iii) The system determines professional competence through
multiple direct observations of classroom practices and
professional practices throughout the school year.
(iv) Under the system, teacher effectiveness and ratings, as
measured by student achievement and growth data, are factored into
teacher retention, promotion, and termination decisions.
(v) Under the system, teacher and school administrator
performance evaluation results are used to inform teacher
professional development for the succeeding year.
(vi) The system ensures that teachers and school administrators
are evaluated at least annually.
(b) The school district, intermediate school district, or
public school academy notified the former governor's council on
educator effectiveness by November 1, 2011 that it is exempt under
this subsection from the requirements of subsections (2) and (3).
(c) The school district, intermediate school district, or
public school academy posts a description of its evaluation system
on its website.
(6) If, after July 19, 2011, a school district, intermediate
school district, or public school academy begins operating a new
public school, or implements a new performance evaluation system
for a public school it operates, and all of the following apply,
then the school district, intermediate school district, or public
school academy is not required to comply with subsection (2) or (3)
for that public school:
(a) The performance evaluation system adopted and implemented
for that public school replicates and is identical to the
performance evaluation system of a public school that is exempt
under subsection (5).
(b) The school district, intermediate school district, or
public school academy posts a description of the performance
evaluation system on its website.
(7) If a collective bargaining agreement is in effect for
teachers or school administrators of a school district, public
school academy, or intermediate school district as of July 19,
2011, and if that collective bargaining agreement prevents
compliance with subsection (1), then subsection (1) does not apply
to that school district, public school academy, or intermediate
school district until after the expiration of that collective
bargaining agreement.