Bill Text: MI HB4796 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Education; employees; standards for employee performance evaluations; provide for. Amends sec. 1249 of 1976 PA 451 (MCL 380.1249).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-06-22 - Printed Bill Filed 06/22/2011 [HB4796 Detail]
Download: Michigan-2011-HB4796-Introduced.html
HOUSE BILL No. 4796
June 21, 2011, Introduced by Rep. Melton and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1249 (MCL 380.1249), as amended by 2010 PA 336.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1249. (1) Not later than September 1, 2011, and subject
to
subsection (2), (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 these
purposes, student growth shall be measured by national, state, or
local assessments and other objective criteria.
(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 2013-2014 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
evaluation system for teachers meets all of the following:
(a) The evaluation system shall include at least an annual
year-end evaluation for all teachers. The system shall also include
a midyear progress report in addition to the annual year-end
evaluation for a teacher who meets any of the following:
(i) 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.
(ii) Is in a probationary period prescribed by section 1a of
article III of 1937 (Ex Sess) PA 4, MCL 38.91a.
(iii) Received a rating of minimally effective or ineffective in
his or her most recent annual year-end evaluation.
(b) An annual year-end evaluation shall meet all of the
following:
(i) For the annual year-end evaluation for the 2013-2014 school
year, at least 25% of the annual year-end evaluation shall be based
on student growth and assessment data. For the annual year-end
evaluation for the 2014-2015 school year, at least 40% of the
annual year-end evaluation shall be based on student growth and
assessment data. Beginning with the annual year-end evaluation for
the 2015-2016 school year, 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 a
student growth assessment tool developed or adopted by the school
district, intermediate school district, or public school academy or
the student growth assessment tool recommended by the governor's
council on educator effectiveness under subsection (5).
(ii) If there are student growth and assessment data available
for a teacher for at least 3 school years, the 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 evaluation shall be based on all student growth and
assessment data that are available for the teacher.
(iii) The evaluation shall include specific performance goals
that will assist in improving effectiveness for the next school
year and are developed with input from the school principal
conducting the evaluation and the teacher and any recommended
training identified and agreed to by the principal and the teacher
that would assist the teacher in meeting these goals. For a teacher
described in subdivision (a)(i) to (iii), the principal and the
teacher shall agree to an individualized development plan that
includes these goals and training and is designed to assist the
teacher to improve his or her rating.
(c) The evaluation system shall include an additional midyear
progress report for a teacher described in subdivision (a)(i) to
(iii) 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 conducted in January
of a school year.
(ii) The midyear progress report shall be based on the same
evaluation tool for teachers as the annual year-end evaluation.
(iii) The midyear progress report shall include specific
performance goals for the remainder of the school year that are
agreed to by the school principal conducting the evaluation and the
teacher and any recommended training identified and agreed to by
the principal and the teacher that would assist the teacher in
meeting these goals. At the midyear progress report, the principal
and the teacher shall agree to 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.
(d) The 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 (e).
(ii) A classroom observation shall include a review of the
teacher's lesson plans and attendance.
(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.
(e) The evaluation system shall ensure that each evaluation is
conducted using an evaluation tool developed or adopted by the
school district, intermediate school district, or public school
academy that meets the criteria under this subsection or the state
voluntary default evaluation tool for teachers recommended by the
governor's council on educator effectiveness under subsection (5).
(f) The 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
evaluation tool.
(g) As part of the 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 to each teacher who is described in subdivision (a)(i) to
(iii).
(h) The evaluation system shall exempt from a teacher's
evaluation student growth data for pupils who are absent for 15% or
more of the time from the teacher's class. The evaluation system
also may allow for exemption of student growth data for a
particular pupil for a school year upon the recommendation of the
principal conducting the evaluation and approval of the school
district superintendent, intermediate superintendent, or chief
administrator of the public school academy, as applicable.
(3) Beginning with the 2013-2014 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
evaluation system for principals and other building-level school
administrators meets all of the following:
(a) The evaluation system shall include at least an annual
year-end evaluation for all principals and other building-level
school administrators by the school district superintendent,
intermediate superintendent, or chief administrator of the public
school academy, as applicable.
(b) For the annual year-end evaluation for the 2013-2014
school year, at least 22% of the annual year-end evaluation shall
be based on student growth and assessment data. For the annual
year-end evaluation for the 2014-2015 school year, at least 44% of
the annual year-end evaluation shall be based on student growth and
assessment data. Beginning with the annual year-end evaluation for
the 2015-2016 school year, at least 66% 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 evaluation shall be the same student growth and
assessment data that is used in teacher evaluations in each school
in which the school administrator works as an administrator.
(c) The portion of the performance evaluation that is not
based on student growth and assessment data shall be based on the
following for each school in which the school administrator works
as an administrator:
(i) If the school administrator conducts teacher evaluations,
the school administrator's training and proficiency in using the
teacher evaluation tool described in subsection (2)(e), including a
random sampling of his or her teacher evaluations to assess the
quality of the school administrator's input in the teacher
evaluation system. If the school administrator designates another
person to conduct teacher evaluations at the school, the evaluation
of the school administrator on this factor shall be based on the
designee's training and proficiency in using the teacher evaluation
tool described in subsection (2)(e), including a random sampling of
the designee's teacher evaluations to assess the quality of the
designee's input in the teacher evaluation system, with the
designee's performance to be counted as if it were the school
administrator personally conducting the evaluations.
(ii) The progress made by the school in meeting the goals set
forth in the school's school improvement plan.
(iii) Pupil attendance in the school.
(iv) Special recognition and awards.
(v) Student, parent, and teacher feedback, and other
information considered pertinent by the superintendent or chief
administrator conducting the evaluation.
(d) The evaluation system shall ensure that each evaluation is
conducted using an evaluation tool developed or adopted by the
school district, intermediate school district, or public school
academy that meets the criteria under this subsection or the state
voluntary default evaluation tool for principals and other
building-level school administrators recommended by the governor's
council on educator effectiveness under subsection (5).
(e) The evaluation system shall assign an effectiveness rating
to each principal or other building-level school administrator of
highly effective, effective, minimally effective, or ineffective,
based on his or her score on the evaluation tool.
(f) The evaluation system shall ensure that if a principal or
other building-level school administrator is rated as minimally
effective or ineffective, the superintendent or chief administrator
shall develop and require the principal or other building-level
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 principal or other building-level school
administrator on his or her next evaluation.
(g) The evaluation system shall provide that, if a principal
or other building-level school administrator is rated as
ineffective on 2 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.
(4) The governor's council on educator effectiveness is
created as a temporary commission described in section 4 of article
V of the state constitution of 1963. The department shall provide
staffing and support for the governor's council on educator
effectiveness. The superintendent of public instruction, a designee
of the governor, a designee of the senate majority leader, and a
designee of the speaker of the house of representatives shall serve
as ex officio members of the governor's council on educator
effectiveness. Not later than September 30, 2011, the governor,
with the advice and consent of the senate, shall appoint the
following members of the governor's council on educator
effectiveness:
(a) Two members who are currently employed as teachers in this
state, selected with the advice of statewide associations that
represent teachers or student advocacy organizations.
(b) Two members who are currently employed as public school
administrators in this state, selected with the advice of statewide
associations that represent public school administrators or student
advocacy organizations.
(c) One member who is currently employed as a school district
superintendent, selected with the advice of statewide associations
that represent school district superintendents or student advocacy
organizations.
(d) One member who is currently serving as a member of a local
school board, selected with the advice of statewide associations
that represent school boards or student advocacy organizations.
(e) If none of the members appointed under subdivisions (a) to
(d) represent a public school academy, 1 member who is currently
employed as a teacher or school administrator at a public school
academy, selected with the advice of public school academy advocacy
organizations.
(f) Two members who are parents of children currently enrolled
in the public schools in this state.
(g) One member representing the general public, selected with
the advice of parent advocacy organizations or student advocacy
organizations.
(h) One member who represents a foundation or other
philanthropic organization.
(i) Three members who are recognized experts in educational
policy.
(j) Six members who are experts on the design and
implementation of educator evaluations, including members who can
provide a national perspective.
(k) One or more additional members who are technical experts
on evaluation, at the discretion of the governor.
(5) The superintendent of public instruction shall hold the
first meeting of the governor's council on educator effectiveness
not later than October 31, 2011. Not later than September 30, 2012,
the governor's council on educator effectiveness shall submit to
the state board, the governor, and the legislature a report that
identifies and recommends all of the following for the purposes of
this section, and that may include recommendations on evaluation
processes and other matters related to the purposes of this
section:
(a) A student growth assessment tool. The council shall
specifically attempt to identify and recommend a student growth
assessment tool that meets all of the following:
(i) In addition to measuring student growth in the core subject
areas of mathematics, science, English language arts, and history,
will measure student growth in other subject areas.
(ii) Complies with all current state and federal law for
students with a disability.
(iii) Has at least a pre- and post-test.
(iv) Is able to be used for pupils of all achievement levels.
(b) A state voluntary default evaluation tool for teachers.
All of the following apply to this recommendation:
(i) In addition to student growth and assessment data, the
recommended state voluntary default evaluation tool for teachers
may include, but is not limited to, professional contributions,
training, progress report achievement, school improvement plan
progress, peer input, and pupil and parent feedback.
(ii) The council shall ensure that the recommended state
voluntary default evaluation tool for teachers will allow all
special education teachers to be rated fairly if their pupils are
not required to be assessed under state law. The council shall
recommend a replacement model for student growth and assessment
data if it cannot be measured for these pupils.
(iii) The council shall identify and recommend a process for the
state to approve local evaluation tools for teachers for school
districts, intermediate school districts, or public school
academies that use an evaluation tool for teachers other than the
state voluntary default evaluation tool for teachers. The council
shall also identify and recommend a minimum set of criteria and
standards that must be used in any local evaluation tool for
teachers.
(iv) The council shall seek input from leading school districts
in this state that are already using evaluations.
(c) A state voluntary default evaluation tool for school
principals and other building-level chief administrators. All of
the following apply to this recommendation:
(i) In addition to student growth and assessment data, the
recommended state voluntary default evaluation tool for school
principals and other building-level chief administrators may
include, but is not limited to, professional contributions,
training, progress report achievement, school improvement plan
progress, peer input, and pupil and parent feedback.
(ii) The council shall ensure that the recommended state
voluntary default evaluation tool for school principals and other
building-level chief administrators will allow adaptations to be
made if 1 or more special education teachers are under the
supervision of a principal or other building-level chief
administrator to ensure that the student growth and assessment data
is used fairly in the evaluation.
(iii) The council shall identify and recommend a process for the
state to approve local evaluation tools for school principals and
other building-level chief administrators for school districts,
intermediate school districts, or public school academies that use
an evaluation tool for teachers other than the state voluntary
default evaluation tool for teachers. The council shall also
identify and recommend a minimum set of criteria and standards that
must be used in any local evaluation tool for school principals and
other building-level chief administrators.
(d) A state voluntary default evaluation tool for central
office-level school administrators, nonacademic school
administrators, and building-level administrators other than those
described in subdivision (c). The state voluntary default
evaluation tool for these administrators shall incorporate student
growth and assessment data into evaluations for all administrators
described in this subdivision.
(6) The legislature, state board, and department shall work to
locate 10 school districts that are willing to conduct pilot
programs based on the recommendations of the governor's council on
educator effectiveness during the 2012-2013 school year.
(7) (2)
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 January 4,
2010, 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.
(8) (3)
A school district, intermediate
school district, or
public school academy shall continue to conduct the evaluations for
school principals that are currently required by the department
through the 2010-2011 school year. At the end of the 2010-2011
school year, a school district, intermediate school district, or
public school academy shall report the most recently completed or
determined "effectiveness label" from that evaluation for each
principal who is in place for 2010-2011, in a form and manner
prescribed by the department.
