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.