Bill Text: MI HB4625 | 2011-2012 | 96th Legislature | Engrossed
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-Engrossed.html
HB-4625, As Passed Senate, June 30, 2011
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 4625
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 and
3 of article III, and section 4 of article IV (MCL 38.81, 38.82,
38.83, 38.83a, 38.91, 38.93, and 38.104), sections 1 and 2 of
article II 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 2a and 3b to article II; and to
repeal acts and parts of acts.
House Bill No. 4625 as amended June 30, 2011
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
ARTICLE II
Sec. 1. (1) Subject to subsections (2) and (3) and section
<<3B>> of this article, a teacher is in a probationary period during
his
or her first 4 5 full school years of employment.
(2)
A Subject to section <<3b>> of this article, 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 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. 2a. A probationary teacher who is rated as effective or
highly effective on his or her most recent annual year-end
performance evaluation under section 1249 of the revised school
code, 1976 PA 451, MCL 380.1249, is not subject to being displaced
by a teacher on continuing tenure solely because the other teacher
has continuing tenure.
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 effective.
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 15 days before the close end 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.
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
House Bill No. 4625 as amended June 30, 2011
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
in consultation with teachers and school administrators. 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. (1) Except as otherwise provided in subsection (2), a
teacher shall not be considered to have successfully completed the
probationary period unless the teacher has been rated as effective
or highly effective on his or her 3 most recent annual year-end
performance evaluations under section 1249 of the revised school
code, 1976 PA 451, MCL 380.1249, and has completed <<at least>>
5 full school
years of employment in a probationary period.
(2) If a teacher has been rated as highly effective on 3
consecutive annual year-end performance evaluations under section
1249 of the revised school code, 1976 PA 451, MCL 380.1249, and has
completed at least 4 full school years of employment in a
probationary period, the teacher shall be considered to have
successfully completed the probationary period.
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. 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 For a teacher employed in a capacity other than as
a
classroom teacher, including but not limited to, a superintendent,
assistant superintendent, principal, department head or director of
curriculum, under a contract of employment made with the teacher
after the completion of the probationary period, a controlling
board shall not provide in the contract of employment that the
teacher
shall not be will 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 Such a teacher shall be considered to have been
granted continuing tenure only 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.
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 year-end 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 or minimally effective on an annual year-end
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
annual
year-end 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. 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 , 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
House Bill No. 4625 as amended June 30, 2011
providing
an individualized development plan.The
controlling board
shall determine the format and number of the classroom observations
in consultation with teachers and school administrators.
(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 45>> 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.
(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.
House Bill No. 4625 as amended June 30, 2011
(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 75>>
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 does not take effect
unless all of the following bills of the 96th Legislature are
enacted into law:
(a) House Bill No. 4626.
(b) House Bill No. 4627.
(c) House Bill No. 4628.
