Bill Text: MI HB5747 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Education; teachers; noncertificated teachers; allow to teach under certain circumstances. Amends secs. 553a, 1231, 1233, 1233b & 1531i of 1976 PA 451 (MCL 380.553a et seq.). TIE BAR WITH: HB 5748'18

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-04-10 - Bill Electronically Reproduced 03/22/2018 [HB5747 Detail]

Download: Michigan-2017-HB5747-Introduced.html

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HOUSE BILL No. 5747

 

 

March 22, 2018, Introduced by Reps. Reilly, Canfield, McCready, Webber, Graves, Tedder, Kesto and Iden and referred to the Committee on Workforce and Talent Development.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending sections 553a, 1231, 1233, 1233b, and 1531i (MCL

 

380.553a, 380.1231, 380.1233, 380.1233b, and 380.1531i), 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, and section 1531i as added by 2009 PA 202.

 

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 who

 

is 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 as provided in subsection (3), the

 

board of a local school district or intermediate school district or

 

the board of directors of a public school academy may engage a

 

full-time or part-time noncertificated, nonendorsed teacher to

 

teach a course in computer science, a foreign language,

 

mathematics, biology, chemistry, engineering, physics, robotics, or

 

in another subject area determined by the state board to be

 

appropriate to be included under this section and so designated by

 

the state board, or any combination of these subject areas, in

 

grades 9 through 12, or in a career and technical education

 

program.

 

     (2) Subject to subsection (3), a noncertificated, nonendorsed

 

teacher is qualified to teach pursuant to this section if he or she

 

meets all at least 1 of the following minimum requirements:

     (a) Both of the following:

 

     (i) Possesses an earned doctoral degree from an accredited

 

postsecondary institution.

 

     (ii) Is a faculty member employed full-time by an accredited

 

postsecondary institution who has been granted institutional

 

tenure, or has been designated as being on tenure track, by the

 

postsecondary institution.

 

     (b) 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 the professional readiness

 

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.

 

     (c) For teaching in a career and technical education program,

 

holds a professional license or certification issued by this state

 

in the subject matter in which he or she is engaged to teach.

 

     (d) Holds a current teaching certificate or license issued by

 

a department, board, or authority in another state of the United

States or the District of Columbia.

 

     (3) The requirements listed in subsection (2) for a teacher

 

engaged to teach pursuant to this section shall be are in addition

 

to any other requirements established by the board of a local

 

school district or intermediate school district or the 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 the board of

 

directors of a public school academy shall not engage a full-time

 

or part-time noncertificated, nonendorsed teacher to teach a course

 

described in subsection (1) if the district or public school

 

academy is able to engage a certificated, endorsed teacher.

 

     (5) If the board of a local school district or intermediate

 

school district or the 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) For a noncertificated, nonendorsed teacher teaching in a

 

career and technical education program, meets both of the

 

following:

 

     (i) During the first 2 years of his or her employment as a

 

teacher under this section, completes a program of instruction on

 

pedagogical skills that is approved by the board of the school

 

district or intermediate school district or the board of directors

 

of the public school academy employing the teacher.

 

     (ii) Engages in a comprehensive and ongoing mentorship

 

experience, as determined by the board of the school district or

 

intermediate school district or the board of directors of the

 

public school academy employing the teacher.

 

     (6) If the a 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 the 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.

 

     Sec. 1531i. (1) The superintendent of public instruction shall

establish a process for a person to earn an interim teaching

 

certificate under this section that qualifies the person to teach

 

in the public schools and to earn a Michigan teaching certificate

 

using the process under this section. The process shall meet all

 

applicable requirements for an alternative teaching certification

 

process under the no child left behind act of 2001, Public Law 107-

 

110. The process shall not allow for an interim teaching

 

certificate for special education.

 

     (2) The process established under subsection (1) shall provide

 

that the superintendent of public instruction will grant an interim

 

teaching certificate to a person who meets all of the following:

 

     (a) Is a participant in an alternative teaching program that

 

is approved by the superintendent of public instruction. To be

 

approved, a program provider shall demonstrate to the satisfaction

 

of the superintendent of public instruction that it meets all of

 

the following:

 

     (i) Provides for its participants an intensive training

 

program in teaching that is determined by the superintendent of

 

public instruction to constitute the equivalent of at least 12

 

college credit hours and that includes training in at least all of

 

the following subject areas:

 

     (A) Child development or child psychology.

 

     (B) Family and community relationships.

 

     (C) Diverse learners.

 

     (D) Instructional strategies.

 

     (E) A form of field-based experience in a classroom setting.

 

     (ii) Has a proven record of producing successful teachers in 1

or more other states or is modeled after a program that has a

 

proven record of producing successful teachers in 1 or more other

 

states.

 

     (iii) Accepts for participation only persons who meet the

 

requirements of subdivision (b).

 

     (b) Holds a bachelor's, master's, doctorate, or professional

 

degree from a regionally accredited college or university with a

 

grade point average of at least 3.0 on a 4.0 scale or the

 

equivalent on another scale, as determined by the superintendent of

 

public instruction.

 

     (c) Passes both the basic skills professional readiness

 

examination and the appropriate available subject area examination

 

for each subject area in which he or she applies to be certified.

 

     (3) The process established under subsection (1) shall provide

 

that the superintendent of public instruction will grant an interim

 

teaching certificate to a teacher who has taught under section

 

1233b for 3 years.

 

     (4) (3) A person earning a provisional certificate under this

 

section will be subject to provisions of administrative rules

 

governing teachers, as established by the superintendent of public

 

instruction.

 

     (5) (4) A person who possesses an interim teaching certificate

 

under this section may be employed to teach in a public school in

 

the same manner as a person holding a Michigan teaching certificate

 

issued under section 1531 if all of the following requirements are

 

met:

 

     (a) While the person is teaching under an interim teaching

certificate, the school district or public school academy in which

 

the person is teaching provides intensive observation and coaching

 

in a manner and to the extent prescribed by the superintendent of

 

public instruction.

 

     (b) The person is making satisfactory progress toward meeting

 

the requirements for being awarded a Michigan teaching certificate

 

under section 1531, as established by the superintendent of public

 

instruction under subsection (5).(6).

 

     (6) (5) The superintendent of public instruction shall develop

 

standards for granting a person a Michigan teaching certificate

 

issued under section 1531 after the person has demonstrated

 

satisfactory teaching performance for 3 years under an interim

 

teaching certificate and has met the requirements established by

 

the superintendent of public instruction for a Michigan teaching

 

certificate.

 

     (7) (6) The superintendent of public instruction shall

 

promulgate rules that he or she considers necessary to implement

 

this section.

 

     (8) (7) As used in this section, "basic skills examination",

 

"elementary certification examination" , and "subject area

 

examination" mean those terms as defined in section 1531.

 

     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. 5748 (request no.

 

03081'17 a) of the 99th Legislature is enacted into law.