Bill Text: MI HB5141 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Education; teachers; option to hire noncertificated teachers for career and technical programs; provide for. Amends secs. 553a, 1231, 1233, 1233b, 1249 & 1531 of 1976 PA 451 (MCL 380.553a et seq.). TIE BAR WITH: HB 5142'17
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-08-15 - Assigned Pa 235'18 With Immediate Effect [HB5141 Detail]
Download: Michigan-2017-HB5141-Introduced.html
HOUSE BILL No. 5141
October 19, 2017, Introduced by Reps. Kahle, Lucido, Victory, Kelly, Frederick, Kosowski, Hughes, Leutheuser, Allor and Hauck and referred to the Committee on Workforce and Talent Development.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 553a, 1231, 1233, and 1233b (MCL 380.553a,
380.1231, 380.1233, and 380.1233b), section 553a as amended by 2011
PA 277, sections 1231 and 1233 as amended by 2016 PA 192, and
section 1233b as amended by 1995 PA 289.
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 a 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, a 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. 1231. (1) Except as otherwise provided in subsection (5),
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 individual holds a valid
teaching certificate or is engaged to teach under section 1233b at
the time the contractual period begins or the individual is engaged
to teach in a community district under section 1233c. 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 a teacher
engaged to teach under section 1233b or, for a community district,
with an individual engaged to teach in a community district under
section 1233c.
(5)
The school board of a school district that is a community
district may employ or contract for, or both, qualified teachers
and other qualified instructional personnel at a public school that
formerly
operated as an achievement school
, as defined in section
3
of the state school aid act of 1979, MCL 388.1603, as necessary
to carry out the purposes of the community district.
(6)
As used in this section: , "teacher"
(a) "Achievement school" means a public school formerly within
the education achievement system that was operated, managed,
authorized, established, or overseen by the achievement authority.
(b) "Teacher" does not include a substitute teacher.
Sec. 1233. (1) Except as otherwise provided by law, and
subject
to section sections 1233b
and 1233c, 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) Except for teachers engaged to teach under section 1233b
and teachers engaged to teach in a community district under section
1233c, 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 an individual without a teaching certificate as
a substitute teacher if the individual 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 an individual with a teaching certificate to
serve as a teacher.
Sec.
1233b. (1) Except Subject
to subsection (2) and except as
provided
in subsection (3), the board of a local school district or
intermediate school district or the 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, or in a career and technical
education program.
(2) Subject to subsection (3), a noncertificated, nonendorsed
teacher
is qualified to teach pursuant to under this section if he
or
she meets all at least 1 of the following minimum requirements:
(a) All of the following:
(i) (a)
Possesses an earned bachelor's
degree from an
accredited postsecondary institution.
(ii) (b)
Has a major or a graduate degree in
the field of
specialization in which he or she will teach.
(iii) (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.
(iv) (d)
Except in the case of persons individuals 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.
(b) For teaching in a career and technical education program,
is engaged to teach in a subject matter or field in which the
teacher has achieved expertise, as determined by the board of a
school district or intermediate school district or board of
directors of a public school academy, and satisfies both of the
following:
(i) Has a high school diploma or a high school equivalency
certificate as defined in section 4 of the state school aid act of
1979, MCL 388.1604.
(ii) Either of the following:
(A) Holds a professional license or certification in that same
subject matter or field.
(B) Previously held a professional license or certification in
that same subject matter or field that expired no more than 2 years
before the start of employment as a teacher and was in good
standing immediately before the license or certification expired.
(3) The requirements listed in subsection (2) for a teacher
engaged
to teach pursuant to under
this section shall be in
addition to any other requirements established by the board of a
local
school district or intermediate school district or board of
directors of a public school academy, as applicable.
(4)
Except as provided in subsection (5), the board of a local
school district or intermediate school district or board of
directors of a public school academy shall not engage a full-time
or part-time noncertificated, nonendorsed teacher to teach a course
described in subsection (1) if the district or public school
academy is able to engage a certificated, endorsed teacher.
(5)
If the board of a local school
district or intermediate
school district or board of directors of a public school academy is
able to engage a certificated, endorsed teacher to teach a course
described
in subsection (1), the local or intermediate school board
or board of directors 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 or public school
academy, his or her teacher preparation institution, and the
department. of
education.
(6) If the noncertificated, nonendorsed teacher completes 3
years of successful classroom teaching, as determined by regular
observation and review by school district, intermediate school
district, or public school academy personnel and teacher
preparation
institution personnel, the department of education and
a teacher preparation institution shall utilize the teaching
experience of a noncertificated, nonendorsed teacher for the
purpose of waiving student teaching as a condition for receiving a
continued employment authorization in the school district,
intermediate school district, or public school academy and a
provisional teaching certificate.
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. 5142 (request no.
04154'17 a) of the 99th Legislature is enacted into law.
