Bill Text: MI HB5473 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Education; teachers; performance evaluation requirements for teachers; modify. Amends secs. 1248, 1249, 1249b, 1280f, 1531j & 1531k of 1976 PA 451 (MCL 380.1248 et seq.). TIE BAR WITH: HB 5474'18
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-31 - Bill Electronically Reproduced 01/30/2018 [HB5473 Detail]
Download: Michigan-2017-HB5473-Introduced.html
HOUSE BILL No. 5473
January 30, 2018, Introduced by Reps. Liberati, Ellison, Greig, Sowerby, Pagan, Sneller, Gay-Dagnogo, Geiss, Lasinski, Brinks, LaGrand, Neeley, Love, Garrett, Cambensy, Hertel, Hoadley, Moss, Chang, Yancey, Camilleri, Green, Wittenberg, Durhal, Chirkun, Faris, Cochran, Rabhi, Jones, Dianda, Clemente and Hammoud and referred to the Committee on Education Reform.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 1248, 1249, 1249b, 1280f, 1531j, and 1531k
(MCL 380.1248, 380.1249, 380.1249b, 380.1280f, 380.1531j, and
380.1531k), section 1248 as added by 2011 PA 102, section 1249 as
amended by 2016 PA 170, sections 1249b, 1531j, and 1531k as added
by 2015 PA 173, and section 1280f as added by 2016 PA 306.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1248. (1) For teachers, as defined in section 1 of
article I of 1937 (Ex Sess) PA 4, MCL 38.71, all of the following
apply to policies regarding personnel decisions when conducting a
staffing or program reduction or any other personnel determination
resulting in the elimination of a position, when conducting a
recall from a staffing or program reduction or any other personnel
determination resulting in the elimination of a position, or in
hiring after a staffing or program reduction or any other personnel
determination resulting in the elimination of a position by a
school district or intermediate school district:
(a) Subject to subdivision (c), the board of a school district
or intermediate school district shall not adopt, implement,
maintain, or comply with a policy that provides that length of
service or tenure status is the primary or determining factor in
personnel decisions when conducting a staffing or program reduction
or any other personnel determination resulting in the elimination
of a position, when conducting a recall from a staffing or program
reduction or any other personnel determination resulting in the
elimination of a position, or in hiring after a staffing or program
reduction or any other personnel determination resulting in the
elimination of a position.
(b) Subject to subdivision (c), the board of a school district
or intermediate school district shall ensure that the school
district or intermediate school district adopts, implements,
maintains, and complies with a policy that provides that all
personnel decisions when conducting a staffing or program reduction
or any other personnel determination resulting in the elimination
of a position, when conducting a recall from a staffing or program
reduction or any other personnel determination resulting in the
elimination of a position, or in hiring after a staffing or program
reduction or any other personnel determination resulting in the
elimination of a position, are based on retaining effective
teachers. The policy shall ensure that a teacher who has been rated
as ineffective under the performance evaluation system under
section 1249 is not given any preference that would result in that
teacher being retained over a teacher who is evaluated as minimally
effective , or effective,
or highly effective under the performance
evaluation system under section 1249. Effectiveness shall be
measured by the performance evaluation system under section 1249,
and the personnel decisions shall be made based on the following
factors:
(i) Individual performance shall be the majority factor in
making the decision, and shall consist of but is not limited to all
of the following:
(A) Evidence of student growth, which shall be the predominant
factor in assessing an employee's individual performance.
(B) The teacher's demonstrated pedagogical skills, including
at least a special determination concerning the teacher's knowledge
of his or her subject area and the ability to impart that knowledge
through planning, delivering rigorous content, checking for and
building higher-level understanding, differentiating, and managing
a classroom; and consistent preparation to maximize instructional
time.
(C) The teacher's management of the classroom, manner and
efficacy of disciplining pupils, rapport with parents and other
teachers, and ability to withstand the strain of teaching.
(D) The teacher's attendance and disciplinary record, if any.
(ii) Significant, relevant accomplishments and contributions.
This factor shall be based on whether the individual contributes to
the overall performance of the school by making clear, significant,
relevant contributions above the normal expectations for an
individual in his or her peer group and having demonstrated a
record of exceptional performance.
(iii) Relevant special training. This factor shall be based on
completion of relevant training other than the professional
development or continuing education that is required by the
employer or by state law, and integration of that training into
instruction in a meaningful way.
(c) Except as otherwise provided in this subdivision, length
of service or tenure status shall not be a factor in a personnel
decision described in subdivision (a) or (b). However, if that
personnel decision involves 2 or more employees and all other
factors distinguishing those employees from each other are equal,
then length of service or tenure status may be considered as a
tiebreaker.
(2) If a collective bargaining agreement is in effect for
employees of a school district or intermediate school district as
of the effective date of this section and if that collective
bargaining agreement prevents compliance with subsection (1), then
subsection (1) does not apply to that school district or
intermediate school district until after the expiration of that
collective bargaining agreement.
(3) If a teacher brings an action against a school district or
intermediate school district based on this section, the teacher's
sole and exclusive remedy shall be an order of reinstatement
commencing 30 days after a decision by a court of competent
jurisdiction. The remedy in an action brought by a teacher based on
this section shall not include lost wages, lost benefits, or any
other economic damages.
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 January 1, 2019
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 the factor described in subparagraph (v), 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).
(v) Beginning with the 2018-2019 school year, the portion of a
teacher's annual year-end evaluation that is not measured using
criteria described in subparagraphs (i) to (iv) shall incorporate
the factor of whether the teacher was assigned a student teacher
during the evaluation period of the applicable year.
(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; 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. 1249b. (1) 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 building-
level school administrators and for central-office-level school
administrators who are regularly involved in instructional matters
meets all of the following:
(a) The performance evaluation system shall include at least
an annual evaluation for all school administrators described in
this subsection by 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.
However, a superintendent or chief administrator shall be evaluated
by the board or board of directors or, if the superintendent or
chief administrator is not employed directly by the board or board
of directors, by the designee of the board or board of directors.
(b) For the 2015-2016, 2016-2017, and 2017-2018 school years,
25% of the annual evaluation shall be based on student growth and
assessment data. Beginning with the 2018-2019 school year, 40% of
the annual evaluation shall be based on student growth and
assessment data. The student growth and assessment data to be used
for the school administrator annual evaluation are the aggregate
student growth and assessment data that are used in teacher annual
year-end evaluations in each school in which the school
administrator works as an administrator or, for a central-office-
level school administrator, for the entire school district or
intermediate school district.
(c) For the purposes of conducting annual evaluations under
the performance evaluation system, the school district,
intermediate school district, or public school academy shall
develop or adopt and implement an evaluation tool for school
administrators. The portion of a school administrator's annual
evaluation that is not based on student growth shall be based
primarily on the school administrator's performance as measured by
this evaluation tool.
(d) The portion of the annual evaluation that is not based on
student growth and assessment data as provided under subdivision
(b) or on an evaluation tool as provided under subdivision (c)
shall be based on at least the following for each school in which
the school administrator works as an administrator or, for a
central-office-level school administrator, for the entire school
district or intermediate school district:
(i) If the school administrator conducts teacher performance
evaluations, the school administrator's proficiency in using the
evaluation tool for teachers used by the school district,
intermediate school district, or public school academy under
section 1249. If the school administrator designates another person
to conduct teacher performance evaluations, the evaluation of the
school administrator on this factor shall be based on the
designee's proficiency in using the evaluation tool for teachers
used by the school district, intermediate school district, or
public school academy under section 1249, with the designee's
performance to be counted as if it were the school administrator
personally conducting the teacher performance evaluations.
(ii) The progress made by the school or school district in
meeting the goals set forth in the school's school improvement plan
or the school district's school improvement plans.
(iii) Pupil attendance in the school or school district.
(iv) Student, parent, and teacher feedback, as available, and
other information considered pertinent by the superintendent or
other school administrator conducting the performance evaluation or
the board or board of directors.
(e) For the purposes of conducting annual 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 school administrators that are
included on the list under subsection (3). However, if a school
district, intermediate school district, or public school academy
has 1 or more local evaluation tools for school administrators or
modifications of an evaluation tool on the list under subsection
(3), and the school district, intermediate school district, or
public school academy complies with subsection (2), the school
district, intermediate school district, or public school academy
may conduct annual year-end evaluations for school administrators
using 1 or more local evaluation tools or modifications.
(f) The evaluation tool and other measures used by the school
district, intermediate school district, or public school academy in
its performance evaluation system for school administrators shall
be used consistently across the schools operated by a school
district, intermediate school district, or public school academy so
that all similarly situated school administrators are evaluated
using the same measures.
(g) The performance evaluation system shall assign an
effectiveness rating to each school administrator described in this
subsection
of highly effective, effective, minimally effective, or
ineffective.
(h) The performance evaluation system shall ensure that if a
school administrator described in this subsection is rated as
minimally effective or ineffective, the person or persons
conducting the evaluation shall develop and require the school
administrator to implement an improvement plan to correct the
deficiencies. The improvement plan shall recommend professional
development opportunities and other actions designed to improve the
rating of the school administrator on his or her next annual
evaluation.
(i) The performance evaluation system shall provide that, if a
school administrator described in this subsection is rated as
ineffective on 3 consecutive annual evaluations, the school
district, public school academy, or intermediate school district
shall dismiss the school administrator 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
school administrator from his or her employment regardless of
whether the school administrator is rated as ineffective on 3
consecutive annual evaluations.
(j) The performance evaluation system shall provide that, if a
school
administrator is rated as highly effective on 3 consecutive
annual evaluations, the school district, intermediate school
district, or public school academy may choose to conduct an
evaluation biennially instead of annually. However, if a school
administrator
is not rated as highly effective on 1 of these
biennial evaluations, the school administrator shall again be
provided with annual evaluations.
(k) The school district, intermediate school district, or
public school academy shall provide training to school
administrators on the measures used by the school district,
intermediate school district, or public school academy in its
performance evaluation system for school administrators and on how
each of the measures 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.
(l) 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.
(2) 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 measures it uses for its performance evaluation system
for school administrators:
(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 (3), 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 (3), 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 (3), 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 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.
(3) The department shall establish and maintain a list of
school administrator 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 2
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 school
administrator evaluations that is the same as it uses for teacher
evaluations or that has the same author or authors as the
evaluation tool it uses for teacher 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.
(4) The training required under subsection (1) 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.
Sec. 1280f. (1) The department shall do all of the following
to help ensure that more pupils will achieve a score of at least
proficient in English language arts on the grade 3 state
assessment:
(a) Approve 3 or more valid and reliable screening, formative,
and diagnostic reading assessment systems for selection and use by
school districts and public school academies in accordance with the
following:
(i) Each approved assessment system shall provide a screening
assessment, monitoring capabilities for monitoring progress toward
a growth target, and a diagnostic assessment.
(ii) In determining which assessment systems to approve for
use by school districts and public school academies, the department
shall also consider at least the following factors:
(A) The time required to conduct the assessments, with the
intention of minimizing the impact on instructional time.
(B) The level of integration of assessment results with
instructional support for teachers and pupils.
(C) The timeliness in reporting assessment results to
teachers, administrators, and parents.
(b) Recommend or develop an early literacy coach model with
the following features:
(i) An early literacy coach shall support and provide initial
and ongoing professional development to teachers in all of the
following:
(A) Each of the 5 major reading components listed in
subsection (3)(a)(iv)(B) as needed, based on an analysis of pupil
performance data.
(B) Administering and analyzing instructional assessments.
(C) Providing differentiated instruction and intensive
intervention.
(D) Using progress monitoring.
(E) Identifying and addressing reading deficiency.
(ii) An early literacy coach shall also do all of the
following:
(A) Model effective instructional strategies for teachers.
(B) Facilitate study groups.
(C) Train teachers in data analysis and using data to
differentiate instruction.
(D) Coach and mentor colleagues.
(E) Work with teachers to ensure that evidence-based reading
programs such as comprehensive core reading programs, supplemental
reading programs, and comprehensive intervention reading programs
are implemented with fidelity.
(F) Train teachers to diagnose and address reading deficiency.
(G) Work with teachers in applying evidence-based reading
strategies in other content areas, including, but not limited to,
prioritizing time spent on those teachers, activities, and roles
that will have the greatest impact on pupil achievement and
prioritizing coaching and mentoring in classrooms.
(H) Help to increase instructional density to meet the needs
of all pupils.
(I) Help lead and support reading leadership teams at the
school.
(J) Continue to increase his or her knowledge base in best
practices in reading instruction and intervention.
(K) For each teacher who teaches in a classroom for grades K
to 3, model for the teacher, and coach the teacher in, instruction
with pupils in whole and small groups.
(iii) In the context of performing the functions described in
subparagraph (ii), an early literacy coach shall not be asked to
perform administrative functions that will confuse his or her role
for teachers.
(iv) An early literacy coach must meet all of the following:
(A) Have experience as a successful classroom teacher.
(B) Have sufficient knowledge of scientifically based reading
research, special expertise in quality reading instruction and
infusing reading strategies into content area instruction, and data
management skills.
(C) Have a strong knowledge base in working with adults.
(D) Have a minimum of a bachelor's degree and advanced
coursework in reading or have completed professional development in
evidence-based literacy instructional strategies.
(v) An early literacy coach shall not be assigned a regular
classroom teaching assignment, but shall be expected to work
frequently with pupils in whole and small group instruction or
tutoring in the context of modeling and coaching in or outside of
teachers' classrooms.
(2) Subject to subsection (14), beginning in the 2017-2018
school year, the board of a school district or board of directors
of a public school academy shall do all of the following to ensure
that more pupils will achieve a score of at least proficient in
English language arts on the grade 3 state assessment:
(a) Select 1 valid and reliable screening, formative, and
diagnostic reading assessment system from the assessment systems
approved by the department under subsection (1)(a). A school
district or public school academy shall use this assessment system
for pupils in grades K to 3 to screen and diagnose difficulties,
inform instruction and intervention needs, and assess progress
toward a growth target. A school district or public school academy
periodically shall assess a pupil's progress in reading skills at
least 3 times per school year in grades K to 3. The first of these
assessments for a school year shall be conducted within the first
30 school days of the school year.
(b) For any pupil in grades K to 3 who exhibits a reading
deficiency at any time, based upon the reading assessment system
selected and used under subdivision (a), provide an individual
reading improvement plan for the pupil within 30 days after the
identification of the reading deficiency. The individual reading
improvement plan shall be created by the pupil's teacher, school
principal, and parent or legal guardian and other pertinent school
personnel, and shall describe the reading intervention services the
pupil will receive to remedy the reading deficiency. A school
district or public school academy shall provide intensive reading
intervention for the pupil in accordance with the individual
reading improvement plan until the pupil no longer has a reading
deficiency.
(c) If a pupil in grades K to 3 is identified as having an
early literacy delay or reading deficiency, provide written notice
to the pupil's parent or legal guardian of the delay or reading
deficiency in writing and provide tools to assist the parent or
legal guardian to engage in intervention and to address or correct
any reading deficiency at home.
(d) Require a school principal or chief administrator to do
all of the following:
(i) For a teacher in grades K to 3, target specific areas of
professional development based on the reading development needs
data for incoming pupils.
(ii) Differentiate and intensify professional development for
teachers based on data gathered by monitoring teacher progress in
improving pupil proficiency rates among their pupils.
(iii) Establish a collaborative system within the school to
improve reading proficiency rates in grades K to 3.
(iv) Ensure that time is provided for teachers to meet for
professional development.
(e) Utilize, at least, early literacy coaches provided through
the intermediate school district in which the school district or
public school academy is located, as provided for under section
35a(4) of the state school aid act of 1979, MCL 388.1635a. However,
a public school academy may use an early literacy coach provided by
the public school academy, at the expense of the public school
academy, rather than using an early literacy coach provided through
an intermediate school district if the early literacy coach and the
usage of the early literacy coach otherwise meet the requirements
of this section.
(3) Subject to subsection (14), a school district or public
school academy shall provide reading intervention programs for
pupils in grades K to 3, including at least all of the following:
(a) For pupils who exhibit a reading deficiency, a reading
intervention program intended to ensure that pupils are proficient
readers by the end of grade 3 and that includes some or all of the
following features:
(i) Is provided to each pupil in grades K to 3 who is
identified with a reading deficiency based on screening and
diagnostic tools, and identifies and addresses the pupil's reading
deficiency.
(ii) Periodically screens and monitors the progress of each
pupil's reading skills, at least 3 times per year.
(iii) Provides evidence-based core reading instruction that is
comprehensive and meets the majority of the general education
classroom needs.
(iv) Provides reading intervention that meets, at a minimum,
the following specifications:
(A) Assists pupils exhibiting a reading deficiency in
developing the ability to read at grade level.
(B) Provides intensive development in the 5 major reading
components: phonemic awareness, phonics, fluency, vocabulary, and
comprehension.
(C) Is systematic, explicit, multisensory, and sequential.
(D) Is implemented during regular school hours in addition to
regular classroom reading instruction.
(v) Provides parents, legal guardians, or other providers of
care for the pupil with a "Read at Home" plan, including parent,
guardian, or care provider training workshops and regular home
reading.
(vi) Documents efforts by the pupil's school to engage the
pupil's parent or legal guardian and whether or not those efforts
were successful.
(vii) Documents any dissenting opinions expressed by school
personnel or a parent or legal guardian concerning the individual
reading improvement plan provided for the pupil under subsection
(2)(b).
(b) For grade 3 pupils exhibiting a reading deficiency as
determined by the pupil's teacher through the diagnostic reading
assessment system selected by the school district or public school
academy under subsection (2)(a), a reading intervention program
intended to correct the identified area or areas of reading
deficiency and that includes all of the following features as
needed by the individual pupil:
(i) Is evidence-based and has proven results in accelerating
pupil reading achievement within the same school year.
(ii) Provides more dedicated time than the pupil's previous
school year in evidence-based reading instruction and intervention.
(iii) Provides daily targeted small group or 1-to-1 reading
intervention based on pupil needs as determined by assessment data,
including explicit and systematic instruction with more detailed
and varied explanations, more extensive opportunities for guided
practice, and more opportunities for error correction and feedback.
(iv) Provides administration of ongoing progress monitoring
assessments to frequently monitor pupil progress.
(v) Provides supplemental evidence-based reading intervention
delivered by a teacher, tutor, or volunteer with specialized
reading training that is provided before school, after school,
during school hours but outside of regular English language arts
classroom time, or any combination of these.
(vi) Provides parents, legal guardians, or other providers of
care for a pupil with a "Read at Home" plan, including parent,
guardian, or care provider training workshops and regular home
reading.
(vii) Documents efforts by the pupil's school to engage the
pupil's parent or legal guardian and whether or not those efforts
were successful.
(viii) Documents any dissenting opinions expressed by school
personnel or a parent or legal guardian concerning the individual
reading improvement plan provided for the pupil under subsection
(2)(b).
(c) Subject to subsection (15), for pupils identified as
English language learners by the pupil's teacher or by the
diagnostic reading assessment selected by the school district or
public school academy under subsection (2)(a), intervention
services that include at least all of the following:
(i) Ongoing assessments that provide actionable data for
teachers to use in interventions.
(ii) Instruction in academic vocabulary.
(iii) Instruction in the 5 major reading components listed in
subdivision (a)(iv)(B).
(iv) Common English language development strategies such as
modeling, guided practice, and comprehensive input.
(4) For all pupils exhibiting a reading deficiency as
determined by the pupil's teacher through the diagnostic reading
assessment system selected by the school district or public school
academy under subsection (2)(a), school districts and public school
academies are encouraged to offer summer reading camps staffed with
highly
effective teachers of reading, as
determined by the teacher
evaluation system under section 1249, providing reading
intervention services and supports to correct pupils' identified
areas of reading deficiency.
(5) Beginning with pupils enrolled in grade 3 during the 2019-
2020 school year, all of the following apply:
(a) Subject to subsection (6), the superintendent of the
school district or chief administrator of the public school academy
in which the pupil is enrolled shall ensure that a pupil whose
parent or legal guardian has been provided with the notification
under subdivision (d) is not enrolled in grade 4 until 1 of the
following occurs:
(i) The pupil achieves a reading score that is less than 1
grade level behind as determined by the department based on the
grade 3 state English language arts assessment.
(ii) The pupil demonstrates a grade 3 reading level through
performance on an alternative standardized reading assessment
approved by the superintendent of public instruction.
(iii) The pupil demonstrates a grade 3 reading level through a
pupil portfolio, as evidenced by demonstrating competency in all
grade 3 state English language arts standards through multiple work
samples.
(b) Subject to subsection (6), if a child younger than 10
years of age seeks to enroll for the first time in a school
district or public school academy in grade 4, the superintendent of
the school district or chief administrator of the public school
academy shall not allow the child to enroll in grade 4 unless 1 of
the following occurs:
(i) The child achieves a grade 3 reading score as determined
by the department based on the reading portion of the grade 3 state
English language arts assessment.
(ii) The child demonstrates a grade 3 reading level through
performance on an alternative standardized reading assessment
approved by the superintendent of public instruction.
(iii) The child demonstrates a grade 3 reading level through a
pupil portfolio, as evidenced by demonstrating competency in all
grade 3 state English language arts standards through multiple work
samples.
(c) Not later than May 23 of each year or not later than 14
days after the department finalizes the scoring for the grade 3
state assessments, whichever is earlier, the department shall
provide CEPI with the grade 3 state assessment scores for every
grade 3 pupil enrolled in a public school in this state who was
administered 1 or more of those assessments.
(d) Not later than June 1 of each year or not later than 14
days after CEPI receives the grade 3 state assessment results from
the department under subdivision (c), whichever is earlier, using
those state assessment results, CEPI shall identify each pupil
completing grade 3 that year who is subject to not being advanced
to grade 4 due to the operation of subdivision (a)(i) and who is
not eligible to enroll in grade 4 under subsection (6)(a), and
shall notify the parent or legal guardian and the school district
or public school academy of each of these pupils that the pupil is
subject to being retained in grade 3. A school district or public
school academy may also make its own notification to a parent or
guardian in addition to the notification by CEPI. The notification
by CEPI to a parent or legal guardian shall be by certified mail.
The notification by CEPI shall clearly state at least all of the
following:
(i) That, based on standardized testing, this state has
determined that the pupil may be required to be retained in grade 3
as provided under state law, with a reference to this section along
with an explanation that even if the pupil is not eligible to
enroll in grade 4 based on state assessments, the pupil may still
be allowed to enroll in grade 4 if he or she demonstrates a grade 3
reading level through performance on an alternative standardized
reading assessment or through a pupil portfolio.
(ii) That the parent or legal guardian has the right to
request a good cause exemption under this section that, if granted,
will allow the pupil to enroll in grade 4 in the next school year.
(iii) That the parent or legal guardian must request the good
cause exemption within 30 days after the date of the notification
by CEPI and must direct the request to the school district or
public school academy in which the parent or legal guardian intends
to enroll the pupil for grade 4.
(iv) That the parent or legal guardian has the right to
request a meeting with school officials to discuss the retention
requirement under state law and the standards and processes for a
good cause exemption from that requirement.
(e) If a parent or legal guardian receives a notification from
CEPI under subdivision (d), the parent or legal guardian may
request a meeting with school officials to discuss the retention
requirement under state law and the standards and processes for a
good cause exemption from that requirement. If a parent or legal
guardian requests a meeting described in this subdivision, the
school official to whom the request is made shall ensure that an
appropriate school official is made available to the parent or
legal guardian for such a meeting.
(f) If a pupil is not enrolled in grade 4 at the beginning of
a school year due to the operation of this subsection, then before
placing the child in grade 4 during the school year, an appropriate
school official of the pupil's school district or public school
academy shall provide written notification to the pupil's parent or
legal guardian of the proposed placement.
(6) Subject to subsection (11), if a pupil or child
demonstrates both of the following, then subsection (5)(a) and (b)
do not apply and he or she may be enrolled in grade 4:
(a) That he or she is proficient in all subject areas assessed
on the grade 3 state assessment other than English language arts,
as evidenced by his or her scores on those assessments.
(b) That he or she is proficient in science and social studies
as shown through a pupil portfolio and as determined by the teacher
who provided the grade 3 instruction to the pupil in science or
social studies, as applicable.
(7) For a pupil who is not promoted to grade 4 or a child who
is not enrolled in grade 4 due to the operation of subsection (5),
and for a pupil or child described in subsection (6) or (11), the
school district or public school academy shall provide a reading
intervention program that is intended to correct the pupil's
specific reading deficiency, as identified by a valid and reliable
assessment. This program shall include effective instructional
strategies necessary to assist the pupil in becoming a successful
reader, and all of the following features, as appropriate for the
needs of the individual pupil:
(a) Assigning to a pupil 1 or more of the following:
(i) A highly An effective teacher of
reading as determined by
the teacher evaluation system under section 1249.
(ii) The highest evaluated grade 3 teacher in the school as
determined by the teacher evaluation system under section 1249.
(iii) A reading specialist.
(b) Reading programs that are evidence-based and have proven
results in accelerating pupil reading achievement within the same
school year.
(c) Reading instruction and intervention for the majority of
pupil contact time each day that incorporates opportunities to
master the grade 4 state standards in other core academic areas, if
applicable.
(d) Daily targeted small group or 1-to-1 reading intervention
that is based on pupil needs, determined by assessment data, and on
identified reading deficiencies and that includes explicit and
systematic instruction with more detailed and varied explanations,
more extensive opportunities for guided practice, and more
opportunities for error correction and feedback.
(e) Administration of ongoing progress monitoring assessments
to frequently monitor pupil progress toward a growth target.
(f) Supplemental evidence-based reading intervention delivered
by a teacher or tutor with specialized reading training that is
provided before school, after school, during regular school hours
but outside of regular English language arts classroom time, or any
combination of these.
(g) Providing parents, legal guardians, or other providers of
care for the pupil with a "Read at Home" plan, including parent,
guardian, or care provider training workshops and regular home
reading.
(8) If the superintendent of the pupil's school district or
chief administrator of the pupil's public school academy, or his or
her designee, grants a good cause exemption from the requirements
of subsection (5)(a) for a pupil, then a pupil may be promoted to
grade 4 without meeting the requirements of subsection (5)(a). A
good cause exemption may be granted only according to the
procedures under subsection (10) and only for 1 of the following:
(a) The pupil is a student with an individualized education
program or with a section 504 plan and the pupil's individualized
education program team or section 504 coordinator, as applicable,
makes the decision to exempt the pupil from the requirements of
subsection (5)(a) based upon the team's or coordinator's knowledge
of the pupil.
(b) The pupil is a limited English proficient student who has
had less than 3 years of instruction in an English language learner
program.
(c) The pupil has received intensive reading intervention for
2 or more years but still demonstrates a reading deficiency and was
previously retained in kindergarten, grade 1, grade 2, or grade 3.
(d) The pupil has been continuously enrolled in his or her
current school district or public school academy for less than 2
years and there is evidence that the pupil was not provided with an
appropriate individual reading improvement plan under subsection
(2)(b) by the school district or public school academy in which the
pupil was previously enrolled.
(e) The pupil's parent or legal guardian has requested a good
cause exemption within the time period provided under subsection
(10)(d) and the superintendent or chief administrator, or his or
her designee, determines that the good cause exemption is in the
best interests of the pupil.
(9) Subject to subsection (14), if a pupil is promoted to
grade 4 due to a good cause exemption granted under subsection (8),
the pupil remains eligible for reading intervention services
designed to enable the pupil to achieve proficiency in reading. The
services for a pupil described in this subsection shall be similar
to those provided to pupils in grade 3 under this section.
(10) The superintendent of a school district or chief
administrator of a public school academy, or his or her designee,
shall grant a good cause exemption under subsection (8) only
through the following procedure:
(a) For a good cause exemption under subsection (8)(a) to (d),
at the request of the pupil's parent or legal guardian or upon the
teacher's own initiative, the pupil's grade 3 teacher submits to
the superintendent or chief administrator, or his or her designee,
a recommendation for a good cause exemption along with
documentation that indicates that a good cause exemption under
subsection (8)(a) to (d) applies to the pupil.
(b) For a pupil enrolled in a school operated by a school
district, the superintendent or his or her designee shall review
and discuss the recommendation with the pupil's grade 3 teacher
and, if the pupil has an individualized education program, with the
pupil's individualized education program team. After this
discussion, the superintendent or his or her designee shall make a
determination in writing of whether or not to grant the good cause
exemption for the pupil. The decision by the superintendent or his
or her designee is final.
(c) For a pupil enrolled in a public school academy, the chief
administrator of the public school academy, or his or her designee,
shall review and discuss the recommendation with the pupil's grade
3 teacher and, if the pupil has an individualized education
program, with the pupil's individualized education program team.
After this discussion, the chief administrator or his or her
designee shall make a determination in writing of whether or not to
grant the good cause exemption for the pupil. The decision by the
chief administrator or his or her designee is final.
(d) For a pupil for whom a request has been received from the
pupil's parent or legal guardian, as described in subsection
(8)(e), if the request is received within 30 days after the
notification by CEPI under subsection (5)(d), the superintendent of
the school district or chief administrator of the public school
academy, as applicable, or his or her designee, shall review the
request and any supporting information and shall consider whether
or not the good cause exemption is in the best interests of the
pupil. After this consideration, he or she shall make a
determination in writing of whether or not to grant the good cause
exemption. This determination shall be made and communicated to the
parent or legal guardian at least 30 days before the first day of
school for the school year. The decision of the superintendent or
chief administrator, or his or her designee, is final.
(e) The superintendent of the pupil's school district or chief
administrator of the pupil's public school academy, or his or her
designee, shall notify the pupil's parent or legal guardian of the
determination and decision under subdivision (b), (c), or (d), as
applicable.
(11) For a pupil or child described in subsection (6) or a
pupil who has been granted a good cause exemption under subsection
(8), the school district or public school academy shall provide
intensive reading intervention, as described under subsection (7),
for the pupil until he or she no longer has a reading deficiency.
(12) A school district or public school academy shall not
require a pupil to repeat grade 3 more than once due to the
operation of this section.
(13) Beginning June 4, 2019, if a school district or public
school academy cannot furnish the number of teachers needed to
satisfy 1 or more of the criteria set forth in this section for a
school year, then by the August 15 before the beginning of that
school year the school district or public school academy shall
develop a staffing plan for providing services under this section.
The school district or public school academy shall post the
staffing plan on its website for the applicable school year. The
staffing plan shall include at least all of the following:
(a) A description of the criteria that will be used to assign
a pupil who has been identified as not proficient in English
language arts to a teacher.
(b) The credentials or training held by teachers currently
teaching at the school.
(c) How the school district or public school academy will meet
the requirements under this section.
(14) This section does not require or state an intention to
require a school district or public school academy to supplant
state funds with federal funds for implementing or supporting the
activities under this section and does not prohibit a school
district or public school academy from continuing to use federal
funds for any of the purposes or activities described in this
section.
(15) For pupils identified as English language learners by the
pupil's teacher or by the diagnostic reading assessment selected by
the school district or public school academy under subsection
(2)(a), if available staff resources allow, a school district or
public school academy is encouraged to provide the following
intervention services in addition to those required under
subsection (3)(c):
(a) Instruction in the pupil's native language, with
withdrawal of that instruction as appropriate as the pupil improves
his or her English language skills. A school district or public
school academy is encouraged to provide this support for at least
pupils whose native language is Spanish, Chinese, Hindi, Korean, or
Arabic.
(b) Opportunities for speech production.
(c) Common English language development strategies such as
modeling, guided practice, and comprehensive input.
(d) Feedback for the pupil, including explanations in his or
her native language.
(16) Beginning in 2020, not later than September 1 of each
year, a school district or public school academy shall submit a
retention report to the center for educational performance and
information in the form and manner prescribed by the center. The
retention report shall contain at least all of the following
information for the most recent school year:
(a) The number of pupils retained in grade 3 due to the
operation of this section.
(b) The number of pupils promoted to grade 4 due to a good
cause exemption under subsection (8), disaggregated by each of the
specific exemptions listed in that subsection.
(17) As used in this section:
(a) "Evidence-based" means based in research and with proven
efficacy.
(b) "Individualized education program" means that term as
described
in R 340.1721e of the Michigan administrative
code.Administrative Code.
(c) "Kindergarten" includes a classroom for young 5-year-olds,
commonly referred to as "young 5s" or "developmental kindergarten".
(d) "Reading deficiency" means scoring below grade level or
being determined to be at risk of reading failure based on a
screening assessment, diagnostic assessment, standardized summative
assessment, or progress monitoring.
(e) "Reading leadership team" means a collaborative system led
by a school building's principal or program director and consisting
of a cross-section of faculty who are interested in working to
improve literacy instruction across the curriculum.
(f) "Section 504 plan" means a plan under section 504 of title
V of the rehabilitation act of 1973, 29 USC 794.
Sec. 1531j. Notwithstanding any other provision of this act or
a rule to the contrary, beginning July 1, 2018, the superintendent
of public instruction shall not issue an initial professional
teaching certificate to an individual unless the individual
presents evidence satisfactory to the superintendent of public
instruction demonstrating that he or she meets all of the
following:
(a) The individual has successfully completed at least 3 full
years of classroom teaching.
(b) The individual meets either of the following:
(i) Was rated as either effective or highly effective
on his
or her annual year-end performance evaluation under section 1249
for the 3 consecutive school years immediately preceding his or her
application for the professional teaching certificate.
(ii) Was rated as either effective or highly effective
on his
or her annual year-end performance evaluation under section 1249
for at least 3 nonconsecutive school years before his or her
application for the professional teaching certificate and submits a
recommendation from the chief school administrator of the school at
which he or she is currently employed that he or she be issued a
professional teaching certificate.
Sec.
1531k. Beginning on the effective date of this section,
the
The superintendent of public instruction shall not issue
an
initial advanced professional education certificate to an
individual, or renew an individual's advanced professional
education certificate, unless the individual presents evidence
satisfactory to the superintendent of public instruction
demonstrating that he or she meets all of the following:
(a)
Has been rated as highly effective on his or her annual
year-end evaluation under section 1249 for 3 out of the 5 most
recent school years.
(b) Has not been rated ineffective on his or her annual year-
end evaluation under section 1249 within the 5 most recent school
years.
(c) Meets additional criteria established by the department.
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. 5474 (request no.
04476'17 a) of the 99th Legislature is enacted into law.
