January 26, 2011, Introduced by Rep. Melton and referred to the Committee on Education.
A bill to amend 1937 (Ex Sess) PA 4, entitled
"An act relative to continuing tenure of office of certificated
teachers in public educational institutions; to provide for
probationary periods; to regulate discharges or demotions; to
provide for resignations and leaves of absence; to create a state
tenure commission and to prescribe the powers and duties thereof;
and to prescribe penalties for violation of the provisions of this
act,"
by amending sections 1, 2, 3, and 3a of article II, sections 1, 2,
and 3 of article III, and section 1 of article IV (MCL 38.81,
38.82, 38.83, 38.83a, 38.91, 38.92, 38.93, and 38.101), sections 1
and 2 of article II and section 2 of article III as amended and
section 3a of article II and section 3 of article III as added by
1993 PA 59, section 1 of article III as amended by 1996 PA 282, and
section 1 of article IV as amended by 2005 PA 136, and by adding
section 1a to article III.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
ARTICLE II
Sec. 1. (1) Subject to subsections (2) and (3) and section 1a
of article III, a teacher is in a probationary period during his or
her first 4 full school years of employment.
(2) A teacher under contract but not on continuing tenure as
of
the effective date of the amendatory act that added this
subsection
June 11, 1993 is in a probationary period during his or
her first 2 full school years of employment.
(3)
A teacher on continuing tenure as of the effective date of
the
amendatory act that added this subsection June 11, 1993
continues to be on continuing tenure even if the teacher has not
served for at least 4 full school years of employment.
Sec.
2. A Except as otherwise
provided in section 1a of
article III, a teacher shall not be required to serve more than 1
probationary period in any 1 school district or institution.
However, upon notice to the tenure commission, the controlling
board may grant a third year of probation to a teacher described in
section 1(2) of this article.
Sec.
3. (1) At Except
as otherwise provided in subsection (2),
at least 60 days before the close of each school year the
controlling board shall provide the probationary teacher with a
definite written statement as to whether or not his work has been
satisfactory.
Failure Except as
otherwise provided in subsection
(2), failure to submit a written statement shall be considered as
conclusive
evidence that the teacher's work is satisfactory. Any
Except as otherwise provided in subsection (2), a probationary
teacher or teacher not on continuing contract shall be employed for
the ensuing year unless notified in writing at least 60 days before
the close of the school year that his services will be
discontinued.
(2) Subsection (1) does not apply to a teacher who is in the
final year of his or her probationary period. For a teacher
described in this subsection, all of the following apply:
(a) The teacher shall not be considered to have successfully
completed the probationary period unless the teacher is rated as
effective, based on the performance evaluation under section 1249
of the revised school code, 1976 PA 451, MCL 380.1249.
(b) Failure of the controlling board to submit the written
statement under subsection (1) is not considered as conclusive
evidence that the teacher's work is satisfactory. Failure of the
controlling board to provide the teacher with a performance
evaluation under section 1249 of the revised school code, 1976 PA
451, MCL 380.1249, in a particular school year is not considered to
be conclusive evidence that the teacher's performance for that
school year was satisfactory, and the teacher shall not be
considered to be rated as effective solely because of the failure
of the controlling board to provide the performance evaluation.
(c) Regardless of whether or not the teacher is notified in
writing at least 60 days before the close of the school year that
his or her services will be discontinued, the teacher shall not be
employed for the ensuing year unless the teacher is rated as
effective, based on the performance evaluation under section 1249
of the revised school code, 1976 PA 451, MCL 380.1249.
Sec.
3a. (1) If a probationary teacher is employed by a school
district for at least 1 full school year, the controlling board of
the probationary teacher's employing school district shall ensure
that the teacher is provided with an individualized development
plan developed by appropriate administrative personnel in
consultation with the individual teacher and that the teacher is
provided with at least an annual year-end performance evaluation
each year during the teacher's probationary period. The annual
year-end performance evaluation shall be based on, but is not
limited to, at least 2 classroom observations held at least 60 days
apart, unless a shorter interval between the 2 classroom
observations is mutually agreed upon by the teacher and the
administration,
and shall include at least an assessment of the
teacher's progress in meeting the goals of his or her
individualized development plan, and shall meet the requirements of
section 1249 of the revised school code, 1976 PA 451, MCL 380.1249.
This subsection does not prevent a collective bargaining agreement
between the controlling board and the teacher's bargaining
representative
under Act No. 336 of the Public Acts of 1947, being
sections
423.201 to 423.216 of the Michigan Compiled Laws 1947 PA
336, MCL 423.201 to 423.217, from providing for more performance
evaluations or classroom observations in addition to those required
under this subsection. Except as specifically stated in this
subsection, this section does not require a particular method for
conducting a performance evaluation or classroom observation or for
providing an individualized development plan.
(2)
Failure of a school district to comply with subsection (1)
with
respect to an individual teacher in a particular school year
is
conclusive evidence that the teacher's performance for that
school
year was satisfactory.
ARTICLE III
Sec. 1. (1) After the satisfactory completion of the
probationary period and being rated as effective, as described in
section 3(2) of article II, a teacher is considered to be on
continuing tenure under this act. Subject to section 1a of this
article, a teacher on continuing tenure shall be employed
continuously by the controlling board under which the probationary
period has been completed, and shall not be dismissed or demoted
except as specified in this act.
(2) If a teacher employed in a program operated by a
consortium of school districts was previously on continuing tenure
in a school district that participates in the consortium, the
teacher shall be considered to be on continuing tenure only in that
school district.
(3) If a teacher employed in a program operated by a
consortium of school districts was not previously on continuing
tenure in a school district that participates in the consortium and
satisfactorily completes the probationary period, the teacher shall
be considered to be on continuing tenure only in the school
district that is the fiscal agent for the consortium. However, if
there is a written agreement between the teacher and another
participating school district that provides that the teacher will
have continuing tenure in that school district, the teacher shall
be considered to be on continuing tenure only in that school
district and shall not be considered to be on continuing tenure in
the school district that is the fiscal agent for the consortium.
(4) If a teacher employed in a public school academy
established
under the revised school code, Act No. 451 of the
Public
Acts of 1976, being sections 380.1 to 380.1852 of the
Michigan
Compiled Laws 1976 PA 451,
MCL 380.1 to 380.1852, is on
leave of absence from a school district and was on continuing
tenure in the school district at the time he or she began the leave
of absence, the teacher retains continuing tenure in that school
district during the period he or she is employed in the public
school academy.
(5) If a teacher satisfactorily completes the probationary
period as an adult education teacher, the teacher shall be
considered to be on continuing tenure in the school district only
for adult education and shall not by virtue of completing the
probationary period as an adult education teacher be considered to
be on continuing tenure in the school district for elementary and
secondary education.
(6) If a teacher satisfactorily completes the probationary
period as an elementary or secondary education teacher, the teacher
shall be considered to be on continuing tenure in the school
district only for elementary and secondary education and shall not
by virtue of completing the probationary period as an elementary or
secondary education teacher be considered to be on continuing
tenure in the school district for adult education.
(7) If the controlling board provides in a contract of
employment of a teacher employed other than as a classroom teacher,
including but not limited to, a superintendent, assistant
superintendent, principal, department head or director of
curriculum, made with the teacher after the completion of the
probationary period, that the teacher shall not be considered to be
granted continuing tenure in that other capacity by virtue of the
contract of employment, then the teacher shall not be granted
tenure in that other capacity, but shall be considered to have been
granted continuing tenure as an active classroom teacher in the
school district. Upon the termination of such a contract of
employment, if the controlling board does not reemploy the teacher
under contract in the capacity covered by the contract, the teacher
shall be continuously employed by the controlling board as an
active classroom teacher. Failure of a controlling board to
reemploy a teacher in any such capacity upon the termination of any
such contract of employment described in this subsection shall not
be considered to be a demotion under this act. The salary in the
position to which the teacher is assigned shall be the same as if
the teacher had been continuously employed in the newly assigned
position. Failure of a controlling board to so provide in any such
contract of employment of a teacher in a capacity other than a
classroom teacher shall be considered to constitute the employment
of the teacher on continuing contract in the other capacity and
subject to this act.
(8) Continuing tenure does not apply to an annual assignment
of extra duty for extra pay.
Sec. 1a. (1) If a teacher who is on continuing tenure is rated
as ineffective for 2 consecutive school years on the performance
evaluation under section 1249 of the revised school code, 1976 PA
451, MCL 380.1249, then the controlling board may require the
teacher to serve another 4-year probationary period under article
II.
(2) A teacher who is placed in a probationary period under
subsection (1) is a probationary teacher during that time for all
purposes under this act and shall not be considered to be on
continuing tenure during that probationary period for any purpose
under this act.
Sec.
2. If Except if the
teacher is placed in a probationary
period under section 1a of this article, if a teacher on continuing
tenure is employed by another controlling board, the teacher is not
subject to another probationary period of more than 2 years
beginning with the date of employment, and may at the option of the
controlling board be placed immediately on continuing tenure. A
notice
provided under section 3 of article 2 II shall be given not
later than 60 days before the completion of the probationary
period. If a teacher on continuing tenure becomes an employee of
another controlling board as a result of school district
annexation, consolidation or other form of school district
reorganization, the teacher shall be placed on continuing tenure
within 30 days unless the controlling board, by a 2/3 vote on an
individual basis, places the teacher on not more than 2 years'
probation. However, if such a teacher is under contract but not on
continuing
tenure with the employing board as of the effective date
of
the amendatory act that added this sentence June 11, 1993, the
teacher is not subject to another probationary period of more than
1 year beginning with the date of employment.
Sec.
3. (1) The controlling board of the school district
employing a teacher on continuing tenure shall ensure that the
teacher
is provided with a performance evaluation at least once
every
3 years annually, and, if the teacher has received a less
than satisfactory performance evaluation, the school district shall
provide the teacher with an individualized development plan
developed by appropriate administrative personnel in consultation
with the individual teacher. The performance evaluation shall be
based on, but is not limited to, at least 2 classroom observations
conducted
during the period covered by the evaluation, and, if the
teacher
has an individualized development plan, shall include at
least an assessment of the teacher's progress in meeting the goals
of his or her individualized development plan if the teacher has an
individualized development plan, and shall meet the requirements of
section 1249 of the revised school code, 1976 PA 451, MCL 380.1249.
This section does not prevent a collective bargaining agreement
between the controlling board and the teacher's bargaining
representative
under Act No. 336 of the Public Acts of 1947, being
sections
423.201 to 423.216 of the Michigan Compiled Laws 1947 PA
336, MCL 423.201 to 423.217, from providing for more performance
evaluations or classroom observations in addition to those required
under this section. Except as specifically stated in this
subsection, this section does not require a particular method for
conducting a performance evaluation or classroom observation or for
providing an individualized development plan.
(2)
Failure of a school district to comply with subsection (1)
with
respect to an individual teacher in a particular 3-year period
is
conclusive evidence that the teacher's performance for that
period
was satisfactory.
ARTICLE IV
Sec. 1. Except as otherwise provided in section 1a of article
III and section 1a of this article, discharge or demotion of a
teacher on continuing tenure may be made only for reasonable and
just cause and only as provided in this act. This act does not
prevent any controlling board from establishing a reasonable policy
for retirement to apply equally to all teachers who are eligible
for retirement under the public school employees retirement act of
1979,
1980 PA 300, MCL 38.1301 to 38.1408 38.1437,
or, having
established a reasonable retirement age policy, from temporarily
continuing on a year-to-year basis on criteria equally applied to
all teachers the contract of any teacher whom the controlling board
might wish to retain beyond the established retirement age for the
benefit of the school system.