Bill Text: MI HB4625 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Education; teachers; standards for achieving and retaining teacher tenure; revise, and make certain revisions to hearing procedures. Amends secs. 1, 2, 3 & 3a, art. II, secs. 1 & 3, art. III & sec. 4, art. IV of 1937 (Ex Sess) PA 4 (MCL 38.81 et seq.); adds secs. 2a & 3b to art. II & repeals sec. 5, art. IV of 1937 (Ex Sess) PA 4 (MCL 38.105). TIE BAR WITH: HB 4626'11, HB 4627'11, HB 4628'11
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-07-27 - Assigned Pa 101'11 With Immediate Effect [HB4625 Detail]
Download: Michigan-2011-HB4625-Introduced.html
HOUSE BILL No. 4625
May 10, 2011, Introduced by Rep. Rogers 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 4 of article IV (MCL 38.81,
38.82, 38.83, 38.83a, 38.91, 38.92, 38.93, and 38.104), 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 4 of article IV as amended by 1993 PA 60, and by adding
sections 3b and 3c to article II and section 1a to article III; and
to repeal acts and parts of acts.
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 5 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
2011 amendatory act that
amended this subsection is in a
probationary
period during his or her first 2 4 full school years
of employment.
(3) A teacher on continuing tenure as of the effective date of
the
amendatory act that added this subsection 2011 amendatory act
that amended this subsection continues to be on continuing tenure
even
if the teacher has not served for at least 4 5 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 least 60 days before Before the
close end of
each school year, the controlling board shall provide the
probationary teacher with a definite written statement as to
whether
or not his or her work has been satisfactory. Failure to
submit
a written statement shall be considered as conclusive
evidence
that the teacher's work is satisfactory. Any Subject to
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 or her services will be discontinued.
(2) A teacher who is in a probationary period may be dismissed
from his or her employment by the controlling board at any time.
(3) If a teacher who is in a probationary period is rated as
ineffective on 2 performance evaluations during the same school
year under section 1249 of the revised school code, 1976 PA 451,
MCL 380.1249, the controlling board shall dismiss the teacher from
his or her employment.
Sec.
3a. (1) If a probationary teacher is employed by a school
district
for at least 1 full school year, the The controlling board
of
the a 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. 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, 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.The
controlling board
shall determine the format and number of the classroom
observations. A performance evaluation shall be conducted in
accordance with section 1249 of the revised school code, 1976 PA
451, MCL 380.1249.
(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.
Sec. 3b. A teacher shall not be considered to have
successfully completed the probationary period unless the teacher
has been rated as effective or better on his or her 3 most recent
performance evaluations under section 1249 of the revised school
code, 1976 PA 451, MCL 380.1249.
Sec. 3c. For a teacher who had continuing tenure and was
placed in an additional probationary period under section 1a of
article III, all of the following apply:
(a) The teacher shall not be considered to have successfully
completed the additional probationary period unless the teacher has
been rated as effective or better on his or her 2 most recent
performance evaluations under section 1249 of the revised school
code, 1976 PA 451, MCL 380.1249.
(b) If the teacher fails to achieve a rating as effective or
better on 2 consecutive performance evaluations under section 1249
of the revised school code, 1976 PA 451, MCL 380.1249, during his
or her additional probationary period, the controlling board shall
dismiss the teacher from his or her employment.
(c) The teacher's additional probationary period shall not
exceed 5 full school years of employment. If a teacher does not
successfully complete the new probationary period by the end of
this 5-full-school-year period, the controlling board shall dismiss
the teacher from his or her employment.
(d) A controlling board shall not place the teacher in an
additional probationary period more than 2 times.
ARTICLE III
Sec. 1. (1) After the satisfactory completion of the
probationary period, 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. Continuing tenure is held only in accordance
with 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.as an active
classroom teacher.
(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 on a performance evaluation under section 1249 of
the revised school code, 1976 PA 451, MCL 380.1249, then the
controlling board shall require the teacher to serve an additional
probationary period under article II.
(2) If a teacher who is on continuing tenure is rated as
minimally effective on a 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 an additional
probationary period under article II.
(3) A teacher who is placed in an additional probationary
period under subsection (1) or (2) is a probationary teacher during
that additional probationary period for all purposes under this act
and shall not be considered to be on continuing tenure during that
additional probationary period for any purpose under this act.
(4) A controlling board shall not place a teacher in an
additional probationary period under this section more than 2
times. If a teacher meets the standard for being placed in an
additional probationary period under this section more than 2
times, the controlling board shall dismiss the teacher from his or
her employment.
Sec.
2. If Except if the
teacher is placed in an additional
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 an
annual performance evaluation at
least
once every 3 years and, if in
accordance with section 1249 of
the revised school code, 1976 PA 451, MCL 380.1249. If the teacher
has
received a less than satisfactory a rating of ineffective on
the 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 individualized development plan shall
require the teacher to make progress toward individual development
goals within a specified time period, not to exceed 180 days. The
performance
evaluation shall be based on , but is not limited to,
at
least 2 multiple classroom observations conducted during the
period
covered by the evaluation and , if the teacher has an
individualized
development plan, shall include, in addition to the
factors required under section 1249 of the revised school code,
1976 PA 451, MCL 380.1249, at least an assessment of the teacher's
progress in meeting the goals of his or her individualized
development plan. The controlling board shall determine the format
and number of the classroom observations in consultation with
teachers and school administrators. 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. 4. (1) A teacher on continuing tenure may contest the
controlling board's decision to proceed upon the charges against
the teacher by filing a claim of appeal with the tenure commission
and serving a copy of the claim of appeal on the controlling board
not later than 20 days after receipt of the controlling board's
decision. The controlling board shall file its answer with the
tenure commission and serve a copy of the answer on the teacher not
later than 10 days after service of the claim of appeal. If the
teacher does not contest the controlling board's decision in the
time and manner specified in this subsection, the discharge or
demotion specified in the charges takes effect and the teacher
shall be considered to have waived any right to contest the
discharge or demotion under this act.
(2) An administrative law judge described in subsection (3)
shall furnish to each party without undue delay a notice of hearing
fixing the date and place of the hearing. The hearing date shall
not be less than 10 days after the date the notice of hearing is
furnished and shall not be more than 60 days after service of the
controlling board's answer unless the tenure commission grants a
delay for good cause shown by the teacher or controlling board.
(3) The hearing shall be conducted by an administrative law
judge who is an attorney licensed to practice law in this state and
is employed by the department of education. An administrative law
judge who conducts hearings under this section shall not advise the
tenure commission or otherwise participate in a tenure commission
review of an administrative law judge's preliminary decision and
order under this section.
(4) Except as otherwise provided in this section, the hearing
shall be conducted in accordance with chapter 4 of the
administrative
procedures act of 1969, Act No. 306 of the Public
Acts
of 1969, being sections 24.271 to 24.287 of the Michigan
Compiled
Laws, 1969 PA 306, MCL
24.271 to 24.287, and in accordance
with rules promulgated by the tenure commission.
(5) The hearing and tenure commission review shall be
conducted in accordance with the following:
(a) The hearing shall be public or private at the option of
the
teacher.administrative law
judge.
(b) The hearing shall be held at a convenient place in the
county in which all or a portion of the school district is located
or, if mutually agreed by the parties, at the tenure commission
offices in Lansing. The administrative law judge's necessary travel
expenses associated with conducting the hearing outside Lansing
shall be borne equally by the tenure commission and the controlling
board.
(c) Both the teacher and the controlling board may be
represented by legal counsel.
(d) Testimony at the hearing shall be on oath or affirmation.
(e) A stenographer shall make a full record of the proceedings
of the hearing. The cost of employing the stenographer and of
providing the record shall be borne equally by the tenure
commission and the controlling board.
(f) The administrative law judge may subpoena witnesses and
documentary evidence on his or her own motion, and shall do so at
the request of the controlling board or the teacher. If a person
refuses to appear and testify in answer to a subpoena issued by the
administrative law judge, the party on whose behalf the subpoena
was issued may file a petition in the circuit court for the county
in which the hearing is held for an order requiring compliance.
Failure to obey such an order of the court may be punished by the
court as contempt.
(g)
The hearing shall be concluded not later than 90 60 days
after the teacher's claim of appeal was filed with the tenure
commission.
(h) The administrative law judge shall make the necessary
orders to ensure that the case is submitted for decision not later
than 50 days after the hearing is concluded.
(i) Not later than 60 days after submission of the case for
decision, the administrative law judge shall serve a preliminary
decision and order in writing upon each party or the party's
attorney and the tenure commission. The preliminary decision and
order shall grant, deny, or modify the discharge or demotion
specified in the charges.
(j) Not later than 20 days after service of the preliminary
decision and order, a party may file with the tenure commission a
statement of exceptions to the preliminary decision and order or to
any part of the record or proceedings, including, but not limited
to, rulings on motions or objections, along with a written brief in
support of the exceptions. The party shall serve a copy of the
statement of exceptions and brief upon each of the other parties
within the time limit for filing the exceptions and brief. If there
are no exceptions timely filed, the preliminary decision and order
becomes the tenure commission's final decision and order.
(k) Not later than 10 days after being served with the other
party's exceptions and brief, a party may file a statement of
cross-exceptions responding to the other party's exceptions or a
statement in support of the preliminary decision and order with the
tenure commission, along with a written brief in support of the
cross-exceptions or of the preliminary decision and order. The
party shall serve a copy of the statement of cross-exceptions or of
the statement in support of the preliminary decision and order and
a copy of the brief on each of the other parties.
(l) 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.
(m) If exceptions are filed, the tenure commission, after
review
of the record and the exceptions, may adopt , modify, or
reverse the preliminary decision and order. The tenure commission
shall not hear any additional evidence and its review shall be
limited to consideration of the issues raised in the exceptions
based solely on the evidence contained in the record from the
hearing. The tenure commission shall issue its final decision and
order not later than 60 days after the exceptions are filed.
(6) After giving the party notice and an opportunity to
comply, the administrative law judge or the tenure commission may
dismiss an appeal or deny a discharge or demotion for a party's
lack of progress or for a party's repeated failure to comply with
the procedures specified in this section or the tenure commission's
rules.
(7) A party aggrieved by a final decision and order of the
tenure commission may appeal the decision and order to the court of
appeals in accordance with the Michigan court rules within 20 days
after the date of the decision and order.
Enacting section 1. Section 5 of article IV of 1937 (Ex Sess)
PA 4, MCL 38.105, is repealed.
Enacting section 2. This amendatory act shall not take effect
unless all of the following bills of the 96th Legislature are
enacted into law:
(a) Senate Bill No. ____ or House Bill No. 4626(request no.
02019'11 ***).
(b) Senate Bill No. ____ or House Bill No. 4627(request no.
02178'11).
(c) Senate Bill No. ____ or House Bill No. 4628(request no.
02178'11 a).
