Bill Text: MI HB5141 | 2017-2018 | 99th Legislature | Engrossed
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-Engrossed.html
HB-5141, As Passed Senate, June 12, 2018
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 5141
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 553a, 1231, 1233, 1233b, 1249, and 1531 (MCL
380.553a, 380.1231, 380.1233, 380.1233b, 380.1249, and 380.1531),
section 553a as amended by 2011 PA 277, section 1231 as amended by
2016 PA 192, section 1233 as amended by 2017 PA 151, section 1233b
as amended by 1995 PA 289, section 1249 as amended by 2016 PA 170,
and section 1531 as amended by 2015 PA 159.
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:
(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)
Beginning 2 years after the effective date of the
amendatory
act that added this subsection, February
6, 2020, the
department shall not renew an individual's school counselor
credential unless the department determines that, within the time
period since the individual's school counselor credential was
issued or last renewed, whichever is most recent, the individual
has completed at least 25 hours of professional development
approved by the department under subsection (9) covering counseling
about the college preparation and selection process and at least 25
hours of professional development approved by the department under
subsection (9) covering career counseling. For the purposes of this
subsection, career counseling includes, but is not limited to,
exploration of military career options and the skilled trades as
well as other careers and pathways that lead to industry
credentials awarded in recognition of an individual's attainment of
measurable technical or occupational skills necessary to obtain
employment or advance within an occupation. The hours of
professional development required under this subsection covering
career counseling shall include at least 5 hours covering military
career options. The hours of professional development required
under this subsection are a part of and not in addition to
professional development requirements under department rule.
(8) An individual may complete the professional development
hours for the purposes of subsection (7) as part of the
professional development provided by a school district,
intermediate school district, public school academy, or nonpublic
school under section 1527 if the content and curriculum of the
professional development provided under section 1527 are approved
by the department under subsection (9).
(9) The department shall approve the professional development
for the purposes of subsection (7). The department shall only
approve a professional development program or course for the
purposes of subsection (7) if the department determines that the
content and curriculum for the professional development meet
standards that are developed by the department in consultation with
the department of talent and economic development and groups
representing school counselors, college admissions professionals,
financial aid officers, employers, and others as determined
appropriate by the department. The department shall develop these
standards by July 1, 2018 and shall facilitate the involvement in
the development of the standards of the groups required under this
subsection.
(10) The superintendent of public instruction shall promulgate
or modify rules as necessary to implement subsections (7) to (9).
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 an industrial
technology education program or a career and technical education
program.
(2)
Subject to subsection (3), subsections
(3) and (6), 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 a course in an industrial technology
education program or 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 all 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) For teaching in a subject matter or field in which a
professional license or certification is required, at least 1 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 noncertificated, nonendorsed teacher's initial
employment under this section and was in good standing immediately
before the license or certification expired.
(iii) Has at least 2 cumulative years of professional
experience in that same subject matter or field in the immediately
preceding 10 years.
(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 Subject to subsection
(6), 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:the noncertificated,
nonendorsed teacher meets
at least 1 of the following:
(a) Both of the following:
(i) (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.
(ii) (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.
(b) Is engaged to teach in an industrial technology education
program or a career and technical education program and meets the
requirements under subsection (2)(b).
(6) The board of a school district or intermediate school
district or board of directors of a public school academy may
employ a noncertificated, nonendorsed teacher who meets the
requirements of subsection (2)(b) to teach in an industrial
technology education program or a career and technical education
program for up to 10 years. The superintendent of public
instruction may permit the board or board of directors to employ
the teacher for more than 10 years.
(7) (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.
(8) An individual engaged to teach under this section is
subject to the requirements of sections 1526 and 1527.
Sec. 1249. (1) Subject to subsection (4), 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 student growth and assessment data. Student growth must be
measured using multiple measures that may include student learning
objectives, achievement of individualized education program goals,
nationally normed or locally developed assessments that are aligned
to state standards, research-based growth measures, or alternative
assessments that are rigorous and comparable across schools within
the school district, intermediate school district, or public school
academy. If the performance evaluation system implemented by a
school district, intermediate school district, or public school
academy under this section does not already include the rating of
teachers as highly effective, effective, minimally effective, and
ineffective, then the school district, intermediate school
district, or public school academy shall revise the performance
evaluation system not later than September 19, 2011 to ensure that
it rates teachers as highly effective, effective, minimally
effective, or ineffective.
(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) The board of a school district or intermediate school
district or board of directors of a public school academy shall
ensure that the performance evaluation system for teachers meets
all of the following:
(a) The performance evaluation system shall include at least
an annual year-end evaluation for all teachers. Beginning with the
2015-2016 school year, an annual year-end evaluation shall meet all
of the following:
(i) For the 2015-2016, 2016-2017, and 2017-2018 school years,
25% of the annual year-end evaluation shall be based on student
growth and assessment data. Beginning with the 2018-2019 school
year, 40% of the annual year-end evaluation shall be based on
student growth and assessment data.
(ii) Beginning with the 2018-2019 school year, for core
content areas in grades and subjects in which state assessments are
administered, 50% of student growth must be measured using the
state assessments, and the portion of student growth not measured
using state assessments must be measured using multiple research-
based growth measures or alternative assessments that are rigorous
and comparable across schools within the school district,
intermediate school district, or public school academy. Student
growth also may be measured by student learning objectives or
nationally normed or locally adopted assessments that are aligned
to state standards, or based on achievement of individualized
education program goals.
(iii) Beginning with the 2016-2017 school year, the portion of
a teacher's annual year-end evaluation that is not based on student
growth and assessment data, as described under subparagraph (i),
shall be based primarily on a teacher's performance as measured by
the evaluation tool developed or adopted by the school district,
intermediate school district, or public school academy under
subdivision (f).
(iv) The portion of a teacher's evaluation that is not
measured using student growth and assessment data, as described
under subparagraph (i), or using the evaluation tool developed or
adopted by the school district, intermediate school district, or
public school academy, as described under subparagraph (iii), shall
incorporate criteria enumerated in section 1248(1)(b)(i) to (iii)
that are not otherwise evaluated under subparagraph (i) or (iii).
(b) If there are student growth and assessment data available
for a teacher for at least 3 school years, the annual year-end
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 annual year-end evaluation shall be
based on all student growth and assessment data that are available
for the teacher.
(c) The annual year-end evaluation shall include specific
performance goals that will assist in improving effectiveness for
the next school year and are developed by the school administrator
or his or her designee conducting the evaluation, in consultation
with the teacher, and any recommended training identified by the
school administrator or designee, in consultation with the teacher,
that would assist the teacher in meeting these goals. For a teacher
described in subdivision (d), the school administrator or designee
shall develop, in consultation with the teacher, an individualized
development plan that includes these goals and training and is
designed to assist the teacher to improve his or her effectiveness.
(d) The performance evaluation system shall include a midyear
progress report for a teacher who 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, or who received a rating of minimally
effective or ineffective in his or her most recent annual year-end
evaluation. The midyear progress report shall be used 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 based at least in
part on student achievement.
(ii) The midyear progress report shall be aligned with the
teacher's individualized development plan under subdivision (c).
(iii) The midyear progress report shall include specific
performance goals for the remainder of the school year that are
developed by the school administrator conducting the annual year-
end evaluation or his or her designee and any recommended training
identified by the school administrator or designee that would
assist the teacher in meeting these goals. At the midyear progress
report, the school administrator or designee shall develop, in
consultation with the teacher, 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.
(e) The performance evaluation system shall include classroom
observations to assist in the performance evaluations. All of the
following apply to these classroom observations:
(i) A classroom observation shall include a review of the
teacher's lesson plan and the state curriculum standard being used
in the lesson and a review of pupil engagement in the lesson.
(ii) A classroom observation does not have to be for an entire
class period.
(iii) 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 at least 2 classroom observations of
the teacher each school year. Beginning with the 2016-2017 school
year, at least 1 observation must be unscheduled.
(iv) Beginning with the 2016-2017 school year, the school
administrator responsible for the teacher's performance evaluation
shall conduct at least 1 of the observations. Other observations
may be conducted by other observers who are trained in the use of
the evaluation tool that is used under subdivision (f). These other
observers may be teacher leaders.
(v) Beginning with the 2016-2017 school year, a school
district, intermediate school district, or public school academy
shall ensure that, within 30 days after each observation, the
teacher is provided with feedback from the observation.
(f) For the purposes of conducting annual year-end evaluations
under the performance evaluation system, by the beginning of the
2016-2017 school year, the school district, intermediate school
district, or public school academy shall adopt and implement 1 or
more of the evaluation tools for teachers that are included on the
list under subsection (5). However, if a school district,
intermediate school district, or public school academy has 1 or
more local evaluation tools for teachers or modifications of an
evaluation tool on the list under subsection (5), and the school
district, intermediate school district, or public school academy
complies with subsection (3), the school district, intermediate
school district, or public school academy may conduct annual year-
end evaluations for teachers using 1 or more local evaluation tools
or modifications. The evaluation tools shall be used consistently
among the schools operated by a school district, intermediate
school district, or public school academy so that all similarly
situated teachers are evaluated using the same evaluation tool.
(g) The performance 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 annual year-end evaluation described in this
subsection.
(h) As part of the performance 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 or coach to each teacher who is
described in subdivision (d).
(i) The performance evaluation system may allow for exemption
of student growth data for a particular pupil for a school year
upon the recommendation of the school administrator conducting the
annual year-end evaluation or his or her designee and approval of
the school district superintendent or his or her designee,
intermediate superintendent or his or her designee, or chief
administrator of the public school academy, as applicable.
(j) The performance evaluation system shall provide that, if a
teacher is rated as ineffective on 3 consecutive annual year-end
evaluations, the school district, public school academy, or
intermediate school district shall dismiss the teacher from his or
her employment. This subdivision does not affect the ability of a
school district, intermediate school district, or public school
academy to dismiss a teacher from his or her employment regardless
of whether the teacher is rated as ineffective on 3 consecutive
annual year-end evaluations.
(k) The performance evaluation system shall provide that, if a
teacher is rated as highly effective on 3 consecutive annual year-
end evaluations, the school district, intermediate school district,
or public school academy may choose to conduct a year-end
evaluation biennially instead of annually. However, if a teacher is
not rated as highly effective on 1 of these biennial year-end
evaluations, the teacher shall again be provided with annual year-
end evaluations.
(l) The performance evaluation system shall provide that, if a
teacher who is not in a probationary period prescribed by section 1
of article II of 1937 (Ex Sess) PA 4, MCL 38.81, is rated as
ineffective on an annual year-end evaluation, the teacher may
request a review of the evaluation and the rating by the school
district superintendent, intermediate superintendent, or chief
administrator of the public school academy, as applicable. The
request for a review must be submitted in writing within 20 days
after the teacher is informed of the rating. Upon receipt of the
request, the school district superintendent, intermediate
superintendent, or chief administrator of the public school
academy, as applicable, shall review the evaluation and rating and
may make any modifications as appropriate based on his or her
review. However, the performance evaluation system shall not allow
for a review as described in this subdivision more than twice in a
3-school-year period.
(m) Beginning with the 2016-2017 school year, the school
district, intermediate school district, or public school academy
shall provide training to teachers on the evaluation tool or tools
used by the school district, intermediate school district, or
public school academy in its performance evaluation system and on
how each evaluation tool is used. This training may be provided by
a school district, intermediate school district, or public school
academy, or by a consortium consisting of 2 or more of these.
(n) Beginning with the 2016-2017 school year, a school
district, intermediate school district, or public school academy
shall ensure that training is provided to all evaluators and
observers. The training shall be provided by an individual who has
expertise in the evaluation tool or tools used by the school
district, intermediate school district, or public school academy,
which may include either a consultant on that evaluation tool or
framework or an individual who has been trained to train others in
the use of the evaluation tool or tools. This subdivision does not
prohibit a school district, intermediate school district, public
school academy, or consortium consisting of 2 or more of these,
from providing the training in the use of the evaluation tool or
tools if the trainer has expertise in the evaluation tool or tools.
(3) Beginning with the 2016-2017 school year, a school
district, intermediate school district, or public school academy
shall post on its public website all of the following information
about the evaluation tool or tools it uses for its performance
evaluation system for teachers:
(a) The research base for the evaluation framework,
instrument, and process or, if the school district, intermediate
school district, or public school academy adapts or modifies an
evaluation tool from the list under subsection (5), the research
base for the listed evaluation tool and an assurance that the
adaptations or modifications do not compromise the validity of that
research base.
(b) The identity and qualifications of the author or authors
or, if the school district, intermediate school district, or public
school academy adapts or modifies an evaluation tool from the list
under subsection (5), the identity and qualifications of a person
with expertise in teacher evaluations who has reviewed the adapted
or modified evaluation tool.
(c) Either evidence of reliability, validity, and efficacy or
a plan for developing that evidence or, if the school district,
intermediate school district, or public school academy adapts or
modifies an evaluation tool from the list under subsection (5), an
assurance that the adaptations or modifications do not compromise
the reliability, validity, or efficacy of the evaluation tool or
the evaluation process.
(d) The evaluation frameworks and rubrics with detailed
descriptors for each performance level on key summative indicators.
(e) A description of the processes for conducting classroom
observations, collecting evidence, conducting evaluation
conferences, developing performance ratings, and developing
performance improvement plans.
(f) A description of the plan for providing evaluators and
observers with training.
(4) If a collective bargaining agreement was in effect for
teachers or school administrators of a school district, public
school academy, or intermediate school district as of July 19,
2011, if that same collective bargaining agreement is still in
effect as of November 5, 2015, 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.
(5) The department shall establish and maintain a list of
teacher evaluation tools that have demonstrated evidence of
efficacy and that may be used for the purposes of this section.
That list initially shall include at least the evaluation models
recommended in the final recommendations released by the Michigan
council on educator effectiveness in July 2013. The list shall
include a statement indicating that school districts, intermediate
school districts, and public school academies are not limited to
only using the evaluation tools that are included on the list. A
school district, intermediate school district, or public school
academy is not required to use an evaluation tool for teacher
evaluations that is the same as it uses for school administrator
evaluations or that has the same author or authors as the
evaluation tool it uses for school administrator evaluations. The
department shall promulgate rules establishing standards and
procedures for adding an evaluation tool to or removing an
evaluation tool from the list. These rules shall include a process
for a school district, intermediate school district, or public
school academy to submit its own evaluation tool for review for
placement on the list.
(6) The training required under subsection (2) shall be paid
for from the funds available in the educator evaluation reserve
fund created under section 95a of the state school aid act, MCL
388.1695a.
(7) This section does not affect the operation or
applicability of section 1248.
(8) As used in this section, "teacher" means an individual who
has a valid Michigan teaching certificate or authorization or who
is engaged to teach under section 1233b; who is employed, or
contracted for, by a school district, intermediate school district,
or public school academy; and who is assigned by the school
district, intermediate school district, or public school academy to
deliver direct instruction to pupils in any of grades K to 12 as a
teacher of record.
Sec. 1531. (1) Except as provided in this act, the
superintendent of public instruction shall determine the
requirements for and issue all licenses and certificates for
teachers, including preprimary teachers, and the requirements for
an endorsement of teachers as qualified counselors and an
endorsement of teachers for teaching a foreign language in an
elementary grade in the public schools of the state.
(2) Except as otherwise provided in this act, the
superintendent of public instruction shall only issue a teaching
certificate
to a person an individual who has passed appropriate
examinations as follows:
(a) For a secondary level teaching certificate, has passed
both
the basic skills examination and the
appropriate available
subject area examination for each subject area in which he or she
applies to be certified.
(b) For an elementary level teaching certificate, has passed,
the
basic skills examination and, if it
is available, the
elementary certification examination, and has passed the
appropriate available subject area examination for each subject
area, if any, in which he or she applies to be certified.
(3) Except as otherwise provided in this act, the
superintendent of public instruction shall issue a Michigan
teaching
certificate to a person an
individual holding a
certificate from another state or a teaching degree from an out-of-
state teacher preparation institution who applies for a Michigan
teaching
certificate only if the person individual
passes
appropriate examinations as follows:
(a)
For a secondary level teaching certificate, pass both the
basic
skills examination and the
appropriate available subject area
examination for each subject area in which he or she applies to be
certified. The superintendent of public instruction may accept
passage of an equivalent examination approved by the superintendent
of
public instruction to meet 1 or both of these requirements.this
requirement.
(b)
For an elementary level teaching certificate, pass, the
basic
skills examination and, if it is
available, the elementary
certification examination, and pass the appropriate available
subject area examination for each subject area, if any, in which he
or she applies to be certified. The superintendent of public
instruction may accept passage of an equivalent examination
approved by the superintendent of public instruction to meet 1 or
more
both of these requirements.
(4) Except as otherwise provided in this act, the
superintendent of public instruction shall only issue a teaching
certificate
to a person an individual who has met the elementary or
secondary, as applicable, reading credit requirements established
under
superintendent of public instruction rule. If a person an
individual holds a teaching certificate, then beginning July 1,
2009, notwithstanding any rule to the contrary, the superintendent
of
public instruction shall not advance the person's individual's
certification
to professional certification unless the person
individual has successfully completed at least a 3-credit course of
study with appropriate field experiences in the diagnosis and
remediation of reading disabilities and differentiated instruction.
To meet this requirement, the course of study should include the
following elements, as determined by the department to be
appropriate
for the person's individual's
certification level and
endorsements: interest inventories, English language learning
screening, visual and auditory discrimination tools, language
expression and processing screening, phonemics, phonics,
vocabulary, fluency, comprehension, spelling and writing assessment
tools,
and instructional strategies. A person An individual may
complete the course of study either as part of his or her teacher
preparation program or during the first 6 years of his or her
employment in classroom teaching.
(5) Not later than January 11, 2002, the superintendent of
public instruction, in cooperation with appropriate curriculum
specialists and teacher educators, shall revise existing reading
standards to recognize reading disorders and to enable teachers to
make referrals for instruction and support for pupils with reading
disorders.
(6)
Subject to subsection (8), if a person an individual
holding a teaching certificate from another state applies to the
superintendent of public instruction for a Michigan teaching
certificate and meets the requirements of this subsection, the
superintendent
of public instruction shall issue to the person
individual a Michigan professional education teaching certificate
and
applicable endorsements comparable to those the person
individual
holds in the other state, without
requiring the person
individual
to pass a basic skills examination
or the applicable
subject area examination otherwise required under subsection (2) or
(3). To be eligible to receive a Michigan professional education
teaching
certificate under this subsection, a person an individual
shall provide evidence satisfactory to the department that he or
she meets all of the following requirements:
(a) Has taught successfully for at least 3 years in a position
for
which the person's individual's
teaching certification from the
other state was valid.
(b) Has earned, after his or her initial certification in
another state, at least 18 semester credit hours in a planned
course of study at an institution of higher education approved by
the superintendent of public instruction or has earned, at any
time, a master's or doctoral degree approved by the superintendent
of public instruction.
(c) Has met the elementary or secondary, as applicable,
reading credit requirement established under superintendent of
public instruction rule.
(7)
A person An individual who receives a teaching certificate
and endorsement or endorsements under subsection (6) is eligible to
receive 1 or more additional endorsements comparable to
endorsements
the person individual holds in another state only if
the
person individual passes the appropriate subject area
examinations required under subsection (2) or (3).
(8) The superintendent of public instruction shall deny a
Michigan
teaching certificate to a person an individual described
in subsection (6) for fraud, material misrepresentation, or
concealment
in the person's individual's
application for a
certificate
or for a conviction for which a person's an
individual's teaching certificate may be revoked under section
1535a.
(9)
The department, based upon criteria recommended pursuant
to
under subsection (11), shall provide to approved teacher
education
institutions guidelines and criteria approved by the
superintendent
of public instruction for use in the development or
selection
of a basic skills examination and approved
guidelines and
criteria for use in the development or selection of subject area
examinations.
(10) For the purposes of this section, the superintendent of
public
instruction, based upon criteria recommended pursuant to
under subsection (11), shall develop, select, or develop and select
1
or more basic skills examinations and subject area examinations.
In addition, the superintendent of public instruction, based upon
criteria
recommended pursuant to under
subsection (11), shall
approve an elementary certification examination and a reading
subject area examination. If the department develops for use under
this subsection an examination that had previously been contracted
for using a competitive bid process, then the department shall not
expend on the development of that examination an amount that
exceeds the amount that the department expended on procurement of
the most recent competitively-bid version of that examination.
(11) The superintendent of public instruction shall appoint an
11-member
teacher examination advisory committee comprised composed
of representatives of approved teacher education institutions and
Michigan education organizations and associations. Not more than
1/2 of the members comprising this committee shall be certified
teachers.
This committee shall recommend criteria to be used by the
superintendent
of public instruction in the development, selection,
or
development and selection of 1 or more basic skills
examinations,
and criteria to be used by the
superintendent of
public instruction in the development, selection, or development
and selection of subject area examinations. In addition, the
committee shall recommend guidelines for the use and administration
of
those examinations. The basic skills examinations referred to in
this
subsection may be developed by the superintendent of public
instruction
or selected by the superintendent of public instruction
from
commercially or university developed examinations. In
addition,
an approved teacher education institution, pursuant to
guidelines
and criteria described in subsection (9), may develop an
examination
at its own expense for approval by the superintendent
of
public instruction. An approved teacher education institution
that
develops its own examination is liable for any litigation that
results
from the use of its examination.
(12) The superintendent of public instruction shall appoint a
7-member
standing technical advisory council comprised composed of
persons
individuals who are experts in measurement and assessment.
This council shall advise the superintendent of public instruction
and the teacher examination committee on the validity, reliability,
and other technical standards of the examinations that will be used
or are being used and of the administration and use of those
examinations.
(13) Not later than November 30 of each year, the
superintendent of public instruction shall submit in writing a
report
on the development or selection and use of the basic skills
examination,
the elementary certification
examination , and
the
subject area examinations to the house and senate education
committees. The report shall also contain a financial statement
regarding revenue received from the assessment of fees levied
pursuant
to under subsection (15) and the amount of and any
purposes for which that revenue was expended.
(14)
The basic skills examination, the elementary
certification
examination , and
the subject area examinations
required by this section may be taken at different times during an
approved
teacher preparation program, but the basic skills
examination
must be passed before a person is enrolled for student
teaching
and the elementary certification
examination and the
subject
area examinations, as applicable, must be passed before a
person
an individual is recommended for certification.
(15) The department, or if approved by the superintendent of
public instruction, a private testing service, may assess fees for
taking
the basic skills examination, elementary certification
examination , and the subject area examinations. The fees, which
shall be set by the superintendent of public instruction, shall not
exceed the actual cost of the examination and of administering the
examination. Fees received by the department shall be expended
solely for administrative expenses that it incurs in implementing
this section. If the superintendent of public instruction increases
a fee charged for an examination under this subsection, at least 1
year before implementing the fee increase, the department shall
notify each approved teacher education institution of the amount of
the fee increase. An approved teacher education institution shall
notify each of its affected students of the timing and amount of
such a fee increase.
(16)
If a person an individual holding a teaching certificate
from another state applies for a Michigan teaching certificate and
meets all requirements for the Michigan teaching certificate except
passage of the appropriate examinations under subsection (3), the
superintendent of public instruction shall issue a nonrenewable
temporary
teaching certificate, good for 1 year, to the person.
individual. The superintendent of public instruction shall not
issue
a Michigan teaching certificate to the person individual
after expiration of the temporary teaching certificate unless the
person
individual passes appropriate examinations as described in
subsection (3).
(17) As used in this section:
(a)
"Basic skills examination" means an examination developed
or
selected by the superintendent of public instruction or
developed
pursuant to subsection (11) by an approved teacher
education
institution for the purpose of demonstrating the
applicant's
knowledge and understanding of basic language and
mathematical
skills and other skills necessary for the certificate
sought,
and for determining whether or not an applicant is eligible
for
a provisional Michigan teaching certificate.
(a) (b)
"Elementary certification
examination" means a
comprehensive examination for elementary certification that has
been developed or selected by the superintendent of public
instruction for demonstrating the applicant's knowledge and
understanding of the core subjects normally taught in elementary
classrooms and for determining whether or not an applicant is
eligible for an elementary level teaching certificate.
(b) (c)
"Subject area
examination" means an examination
related to a specific area of certification, which examination has
been developed or selected by the superintendent of public
instruction for the purpose of demonstrating the applicant's
knowledge and understanding of the subject matter and determining
whether or not an applicant is eligible for a Michigan teaching
certificate.
(18) The superintendent of public instruction shall promulgate
rules for the implementation of this section.
(19) Notwithstanding any rule to the contrary, the
superintendent of public instruction shall continue to issue state
elementary
or secondary continuing education certificates pursuant
to
under R 390.1132(1) of the Michigan administrative code
Administrative
Code to persons individuals who completed the
requirements of that rule by December 31, 1992 and who apply for
that certificate not later than March 15, 1994. If the
superintendent of public instruction has issued a state elementary
or
secondary professional education certificate to a person an
individual described in this section, the superintendent of public
instruction
shall consider the person individual
to have a state
elementary or secondary, as applicable, continuing education
certificate.
(20) Not later than January 1, 2019, the superintendent of
public instruction, in consultation with the department of talent
and economic development and groups or individuals representing
employers, economic development agencies, trade unions, secondary
school principals, middle and elementary school principals,
teachers, school district and intermediate school district
superintendents, and others as determined appropriate by the
department, shall promulgate rules to allow an individual to use
time spent engaging with local employers or technical centers
toward the renewal of a teaching certificate in the same manner as
state continuing education or professional development.
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 House Bill No. 5142 of the 99th Legislature is enacted into
law.
