Bill Text: MI HB4394 | 2015-2016 | 98th Legislature | Introduced

---

Bill Title: Education; teachers; local option to hire noncertificated teachers; provide for under revised school code. Amends secs. 553a, 632, 1231, 1233, 1233b, 1235, 1237, 1473 & 1531f of 1976 PA 451 (MCL 380.553a et seq.). TIE BAR WITH: HB 4395'15

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-03-26 - Printed Bill Filed 03/26/2015 [HB4394 Detail]

Download: Michigan-2015-HB4394-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4394

March 25, 2015, Introduced by Rep. Glenn and referred to the Committee on Education.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending sections 553a, 632, 1231, 1233, 1233b, 1235, 1237,

 

1473, and 1531f (MCL 380.553a, 380.632, 380.1231, 380.1233,

 

380.1233b, 380.1235, 380.1237, 380.1473, and 380.1531f), section

 

553a as amended by 2011 PA 277, section 632 as amended by 2007 PA

 

107, section 1231 as amended by 2002 PA 735, section 1233 as

 

amended by 2000 PA 288, section 1233b as amended by 1995 PA 289,

 

section 1237 as added by 2000 PA 387, section 1473 as amended by

 

2000 PA 230, and section 1531f as added by 2010 PA 168.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 553a. (1) An authorizing body may issue a contract to

 

establish a school of excellence that is a cyber school. A cyber

 

school shall provide full-time instruction to pupils through online

 

learning or otherwise on a computer or other technology, and this

 

instruction and learning may occur remote from a school facility.

 

     (2) A contract for a school of excellence that is a cyber

 

school shall include all of the provisions required under section

 

553 and all of the following:

 

     (a) A requirement that a teacher who holds appropriate

 

certification according to state board rule or who is engaged to

 

teach under section 1233b will be responsible for all of the

 

following for each course in which a pupil is enrolled:

 

     (i) Improving learning by planned instruction.

 

     (ii) Diagnosing the pupil's learning needs.

 

     (iii) Assessing learning, assigning grades, and determining

 

advancement.

 

     (iv) Reporting outcomes to administrators and parents or legal

 

guardians.

 

     (b) A requirement that the cyber school will make educational

 

services available to pupils for a minimum of at least 1,098 hours

 

during a school year and will ensure that each pupil participates

 

in the educational program for at least 1,098 hours during a school

 

year.

 

     (3) Notwithstanding any other provision of this act or any

 

rule, if a school of excellence that is a cyber school is in

 

compliance with the requirements of subsection (2)(a) regarding a

 

certificated teacher or teacher engaged to teach under section

 

1233b, any other adult assisting with the oversight of a pupil

 

during the pupil's participation in the cyber school's education

 

program is not required to be a certificated teacher or teacher

 

engaged to teach under section 1233b or an employee of the school.

 

     (4) Notwithstanding any rule to the contrary, a cyber school

 

is not required to comply with any rule that would require a

 

pupil's physical presence or attendance in a classroom.

 

     (5) At the end of a cyber school's second complete school year

 

of operations, the authorizing body of a school of excellence that

 

is a cyber school shall submit to the superintendent of public

 

instruction and the legislature, in the form and manner prescribed

 

by the superintendent of public instruction, a report detailing the

 

operation of the cyber school, providing statistics of pupil

 

participation and academic performance, and making recommendations

 

for any further statutory or rule change related to cyber schools

 

and online learning in this state.

 

     Sec. 632. (1) In the process of establishing salaries or

 

determining other working conditions, the intermediate school board

 

may provide other related benefits of an economic nature on a joint

 

participating or nonparticipating basis with intermediate school

 

district employees. Subject to section 633, the benefits may

 

include health and accident insurance coverage, group life

 

insurance, annuity contracts, and reimbursement for credit hours

 

earned during employment for professional improvement.

 

     (2) After a teacher has been employed at least 7 consecutive

 

years by the intermediate school board, and at the end of each

 

additional period of 7 or more consecutive years of employment, the

 

intermediate school board may grant the teacher a sabbatical leave

 

for professional improvement for not to exceed 2 semesters at 1

 

time, if the teacher holds a permanent, life, or continuing

 

certificate or is engaged to teach under section 1233b. During the

 

sabbatical leave, the teacher shall be considered to be in the

 

employ of the intermediate school board, shall have a contract, and

 

may be paid compensation under the regulations of the intermediate

 

school board. The intermediate school board shall not be held

 

liable for death or injuries sustained by a teacher while on

 

sabbatical leave.

 

     Sec. 1231. (1) The board of a school district shall hire and

 

contract with qualified teachers. Contracts with teachers shall be

 

in writing and signed on behalf of the school district by a

 

majority of the board, by the president and secretary of the board,

 

or by the superintendent of schools or an authorized representative

 

of the board. The contracts shall specify the wages agreed upon.

 

     (2) A teacher's contract shall be filed with the secretary of

 

the board and a duplicate copy of the contract shall be furnished

 

to the teacher.

 

     (3) Except as otherwise provided under this act, a contract

 

with a teacher is not valid unless the person holds a valid

 

teaching certificate at the time the contractual period begins or

 

is engaged to teach under section 1233b. A contract shall terminate

 

if the certificate expires by limitation and is not renewed

 

immediately or if it is suspended or revoked by proper legal

 

authority.

 

     (4) The board of a school district, after a teacher has been

 

employed at least 2 consecutive years by the board, may enter into

 

a continuing contract with a certificated teacher or teacher

 

engaged to teach under section 1233b.

 

     (5) As used in this section, "teacher" does not include a

 

substitute teacher.

 

     Sec. 1233. (1) Except as otherwise provided by law, and

 

subject to section 1233b, the board of a school district or

 

intermediate school board of an intermediate school district shall

 

not permit a teacher who does not hold a valid teaching certificate

 

to teach in a grade or department of the school.

 

     (2) The board of a school district or intermediate school

 

board of an intermediate school district shall not allow an

 

individual to serve in a counseling role in the school district or

 

intermediate school district, as the role is defined by the

 

superintendent of public instruction, unless the individual meets 1

 

or more of the following and the board or intermediate school board

 

complies with subsection (7):

 

     (a) The individual holds a valid teaching certificate with a

 

school counseling endorsement.

 

     (b) The individual meets all of the following:

 

     (i) Holds a master's degree awarded after completion of an

 

approved school counselor education program that includes at least

 

all of the following skills and content areas or their equivalent:

 

     (A) Guidance services--philosophy, principles, and practices.

 

     (B) Individual and group analysis--nature and range of human

 

characteristics and appraisal methods.

 

     (C) Guidance information--vocational development theory,

 

educational and occupational information.

 

     (D) Counseling theory and practice--individual and group

 

procedures, administration and coordination relationships,

 

professional relationships, and ethics.

 

     (E) Supervised experiences--laboratory, practicum, or

 

internship.

 

     (F) Evaluation--statistics and research methodology, follow-up

 

evaluation, and measurement methods.

 

     (ii) Has successfully completed the department's guidance

 

counselor examination.

 

     (iii) Has been recommended by an approved school counselor

 

education program to provide services as a school counselor.

 

     (c) The individual meets both of the following:

 

     (i) Has at least 5 years of successful experience serving in a

 

school counseling role in another state within the immediately

 

preceding 7-year period.

 

     (ii) Has successfully completed the department's guidance

 

counselor examination.

 

     (3) The Except for teachers engaged to teach under section

 

1233b, the intermediate superintendent shall notify the

 

superintendent of public instruction immediately of the names of

 

noncertificated teachers teaching in violation of subsection (1)

 

and the names of individuals serving in counseling roles in

 

violation of subsection (2), the employing district, and the amount

 

of time the noncertificated teachers or unqualified individuals

 

were employed.

 

     (4) A vocational teacher preparation institution shall utilize

 

the employment experience of an annually authorized teacher for the

 

purpose of waiving student teaching as a requirement for vocational

 

certification if the annually authorized teacher is supervised by

 

the teacher preparation institution.

 

     (5) All vocational education teachers certified after June 1,

 

1995 shall pass a competency test.

 

     (6) The board of a school district or intermediate school

 

district may employ a person without a teaching certificate as a

 

substitute teacher if the person has at least 90 semester hours of

 

college credit from a college or university.

 

     (7) If the board of a school district or intermediate school

 

board of an intermediate school district chooses to employ an

 

individual who does not hold a valid teaching certificate to serve

 

in a counseling role, as permitted under subsection (2), the school

 

board or intermediate school board shall comply with sections 1230

 

and 1230a with respect to that individual to the same extent as

 

required for employing a person with a teaching certificate to

 

serve as a teacher.

 

     Sec. 1233b. (1) Except as provided in subsection (3), the The

 

board of a local or intermediate school district or board of

 

directors of a public school academy may engage a full-time or

 

part-time noncertificated, nonendorsed teacher to teach a course in

 

computer science, a foreign language, mathematics, biology,

 

chemistry, engineering, physics, robotics, or in another subject

 

area determined by the state board to be appropriate to be included

 

under this section and so designated by the state board, or any

 

combination of these subject areas, in grades 9 through 12.in its

 

schools if the board or board of directors determines that, due to

 

the individual's combination of education and experience, it would

 

be appropriate and in the best interests of the pupils of the

 

school district, intermediate school district, or public school

 

academy.

 

     (2) Subject to subsection (3), a noncertificated, nonendorsed

 

teacher is qualified to teach pursuant to this section if he or she

 

meets all of the following minimum requirements:

 

     (a) Possesses an earned bachelor's degree from an accredited

 

postsecondary institution.

 

     (b) Has a major or a graduate degree in the field of

 

specialization in which he or she will teach.

 

     (c) If the teacher desires to teach for more than 1 year, has

 

passed both a basic skills examination and a subject area

 

examination, if a subject area examination exists, in the field of

 

specialization in which he or she will teach.

 

     (d) Except in the case of persons engaged to teach a foreign

 

language, has, in the 5-year period immediately preceding the date

 

of hire, not less than 2 years of occupational experience in the

 

field of specialization in which he or she will teach.

 

     (3) The requirements listed in subsection (2) for a teacher

 

engaged to teach pursuant to this section shall be in addition to

 

any other requirements established by the board of a local or

 

intermediate school district, as applicable.

 

     (4) Except as provided in subsection (5), the board of a local

 

or intermediate school district shall not engage a full-time or

 

part-time noncertificated, nonendorsed teacher to teach a course

 

described in subsection (1) if the district is able to engage a

 

certificated, endorsed teacher.

 

     (5) If the board of a local or intermediate school district is

 

able to engage a certificated, endorsed teacher to teach a course

 

described in subsection (1), the local or intermediate school board

 

may employ or continue to employ a noncertificated, nonendorsed

 

teacher to teach the course if both of the following conditions are

 

met:

 

     (a) The noncertificated, nonendorsed teacher is annually and

 

continually enrolled and completing credit in an approved teacher

 

preparation program leading to a provisional teaching certificate.

 

     (b) The noncertificated, nonendorsed teacher has a planned

 

program leading to teacher certification on file with the employing

 

school district or intermediate school district, his or her teacher

 

preparation institution, and the department of education.

 

     (2) (6) If the a noncertificated, nonendorsed teacher engaged

 

to teach under this section completes 3 years of successful

 

classroom teaching, as determined by regular observation and review

 

by school district and teacher preparation institution personnel,

 

the department of education and a teacher preparation institution

 

shall utilize the teaching experience of a the noncertificated,

 

nonendorsed teacher for the purpose of waiving student teaching as

 

a condition for receiving a continued employment authorization in

 

the school district and a provisional teaching certificate.

 

     Sec. 1235. (1) After a teacher has been employed at least 7

 

consecutive years by the board of a school district, and at the end

 

of each additional period of 7 or more consecutive years of

 

employment, the board may grant the teacher a sabbatical leave for

 

professional improvement for not to exceed 2 semesters at 1 time,

 

if the teacher holds a permanent, life, or continuing certificate,

 

is engaged to teach under section 1233b, or is engaged in teaching

 

in a college maintained by the board. During the sabbatical leave,

 

the teacher shall be considered to be in the employ of the board,

 

shall have a contract, and may be paid compensation as provided in

 

the regulations of the board. The board shall not be liable for

 

death or injuries sustained by the teacher while on sabbatical

 

leave.

 

     (2) A teacher shall be allowed credit toward retirement for

 

time spent on sabbatical leave under regulations established by the

 

Michigan public school employee's employees' retirement board.

 

     (3) Upon return from a sabbatical leave a teacher shall be

 

restored to the teacher's position held prior to sabbatical leave

 

or to a position of like nature, seniority, status, and pay. The

 

teacher shall be entitled to other benefits provided under

 

regulations of the board.

 

     Sec. 1237. Notwithstanding any other provision of this act or

 

a rule to the contrary, a school district, local act school

 

district, intermediate school district, or public school academy

 

may employ a person who does not hold a teaching certificate to

 

provide speech and language services if the person meets the

 

requirements for speech-language certification by the American

 

speech-language-hearing association. However, a person who does not

 

hold a teaching certificate shall not be assigned to serve as a

 

classroom teacher.Speech-Language-Hearing Association.

 

     Sec. 1473. (1) The board of a school district, board of

 

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

 

nonpublic school shall consider providing college level equivalent

 

courses either directly, through an intermediate district program,

 

or by agreement in a consortium or cooperative program.

 

     (2) If a public school pupil successfully completes a college

 

level equivalent course that is offered by electronic means,

 

including, but not limited to, the internet, Internet, digital

 

broadcast, or satellite network, and is offered by a school

 

district, a regionally accredited college or university, or the

 

Michigan virtual high school Virtual High School described in

 

section 1481, and if the pupil has been sponsored in this process

 

by a certificated teacher employed by the pupil's school district

 

or public school academy or a teacher engaged to teach under

 

section 1233b by the pupil's school district or public school

 

academy, the school district or public school academy in which the

 

pupil is enrolled shall do all of the following:

 

     (a) Grant appropriate high school credit for completion of the

 

course.

 

     (b) Count that credit toward the graduation and subject area

 

requirements of the school district or public school academy.

 

     Sec. 1531f. (1) The department may enter into a memorandum of

 

understanding with a federally recognized Native American tribe,

 

the board of a school district, or the board of directors of a

 

public school academy that authorizes the superintendent of public

 

instruction to issue a 3-year letter of approval or continuing

 

approval to allow the As provided under section 1233b, a Native

 

American tribe, school district, or public school academy to may

 

use teachers who do not possess a valid Michigan teaching

 

certificate to teach a Native American tribal language and culture

 

class. A memorandum of understanding entered into under this

 

section shall require that a noncertificated teacher has

 

demonstrated mastery of the tribal language either through a

 

credential issued by a federally recognized Native American tribe

 

or another means considered suitable by the department. The

 

memorandum of agreement shall include requirements for renewal or

 

continuing approval of the noncertificated teacher as established

 

by the Native American tribe, the board of the school district, or

 

the board of directors of the public school academy in

 

collaboration with the department.

 

     (2) Credits earned by a pupil in a Native American tribal

 

language taught by a noncertificated teacher pursuant to this

 

section may be applied by the Native American tribe, school

 

district, or public school academy for any purpose to the same

 

extent as if taught by a certificated teacher, including, but not

 

limited to, credit toward completion of the credit requirements

 

under section 1278a concerning a language other than English.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 4395 (request no.

 

01883'15 a) of the 98th Legislature is enacted into law.