Bill Text: MI HB6297 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Education; reports; certain additional information to be included in list published by department of lowest-performing 5% of schools in state; require. Amends sec. 1280c of 1976 PA 451 (MCL 380.1280c).
Spectrum: Moderate Partisan Bill (Democrat 16-2)
Status: (Introduced - Dead) 2010-06-30 - Printed Bill Filed 06/30/2010 [HB6297 Detail]
Download: Michigan-2009-HB6297-Introduced.html
HOUSE BILL No. 6297
June 29, 2010, Introduced by Reps. Johnson, Durhal, Tlaib, Lemmons, Womack, Cushingberry, Geiss, Kennedy, Lisa Brown, Valentine, Slavens, Haase, Young, Leland, Roberts, Ball, Walsh and Polidori and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1280c (MCL 380.1280c), as added by 2009 PA 204.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1280c. (1) Beginning in 2010, not later than September 1
of each year, the superintendent of public instruction shall
publish a list identifying the public schools in this state that
the department has determined to be among the lowest achieving 5%
of all public schools in this state, as defined for the purposes of
the federal incentive grant program created under sections 14005
and 14006 of title XIV of the American recovery and reinvestment
act of 2009, Public Law 111-5. With this list, the superintendent
of public instruction shall also publish a summary identifying each
school district that operates at least 1 of the public schools on
the list, the number of public schools that the school district
operates that are on the list and the number of pupils enrolled in
those public schools, and the total number of public schools that
the school district operates and total number of pupils enrolled in
the school district.
(2) The superintendent of public instruction shall issue an
order placing each public school that is included on the list under
subsection (1) under the supervision of the state school
reform/redesign officer described in subsection (9). Within 90 days
after a public school is placed under the supervision of the state
school reform/redesign officer under this section, the school board
or board of directors operating the public school shall submit a
redesign plan to the state school reform/redesign officer. For a
public school operated by a school board, the redesign plan shall
be developed with input from the local teacher bargaining unit and
the local superintendent or, if an emergency financial manager is
in place under the local government fiscal responsibility act, 1990
PA 72, MCL 141.1201 to 141.1291, the emergency financial manager.
The redesign plan shall require implementation of 1 of the 4 school
intervention models that are provided for the lowest achieving
schools under the federal incentive grant program created under
sections 14005 and 14006 of title XIV of the American recovery and
reinvestment act of 2009, Public Law 111-5, known as the "race to
the top" grant program. These models are the turnaround model,
restart model, school closure, and transformation model. The
redesign plan shall include an executed addendum to each applicable
collective bargaining agreement in effect for the public school
that meets the requirements of subsection (8).
(3) Within 30 days after receipt of a redesign plan for a
public school under subsection (2), the state school
reform/redesign officer shall issue an order approving,
disapproving, or making changes to the redesign plan. If the order
makes changes to the redesign plan, the school board or board of
directors has 30 days after the order to change the redesign plan
to incorporate those changes into the redesign plan and resubmit it
to the state school reform/redesign officer for approval or
disapproval.
(4) The state school reform/redesign officer shall not
disapprove a redesign plan that includes all of the elements
required under federal law for the school intervention model
included in the redesign plan. A school board or board of directors
may appeal disapproval of a redesign plan on this basis to the
superintendent of public instruction. The decision of the
superintendent of public instruction on the appeal is final.
(5) If the state school reform/redesign officer approves a
redesign plan under this section, the school board or board of
directors shall implement the redesign plan for the public school
beginning with the beginning of the next school year that begins
after the approval. The school board or board of directors shall
regularly submit monitoring reports to the state school
reform/redesign officer on the implementation and results of the
plan in the form and manner, and according to a schedule, as
determined by the state school reform/redesign officer.
(6) The state school reform/redesign school district is
created. The state school reform/redesign school district is a
school district for the purposes of section 11 of article IX of the
state constitution of 1963 and for receiving state school aid under
the state school aid act of 1979 and is subject to the leadership
and general supervision of the state board over all public
education under section 3 of article VIII of the state constitution
of 1963. The state school reform/redesign school district is a body
corporate and is a governmental agency. Except as otherwise
provided in subsection (7), if the state school reform/redesign
officer does not approve the redesign plan, or if the state school
reform/redesign officer determines that the redesign plan is not
achieving satisfactory results, the state school reform/redesign
officer shall issue an order placing the public school in the state
school reform/redesign school district, imposing for the public
school implementation of 1 of the 4 school intervention models
described in subsection (2) beginning with the beginning of the
next school year, and imposing an addendum to each applicable
collective bargaining agreement in effect for the public school as
necessary to implement the school intervention model and that meets
the requirements of subsection (8). All of the following apply to
the state school reform/redesign school district:
(a) The state school reform/redesign school district shall
consist of schools that are placed in the state school
reform/redesign school district.
(b) The state school reform/redesign officer shall act as the
superintendent of the state school reform/redesign school district.
With respect to schools placed in the state school reform/redesign
school district, the state school reform/redesign officer has all
of the powers and duties described in this section; all of the
provisions of this act that would otherwise apply to the school
board that previously operated a school placed in the state school
reform/redesign school district apply to the state school
reform/redesign officer with respect to that school, except those
relating to taxation or borrowing; except as otherwise provided in
this section, the state school reform/redesign officer may exercise
all the powers and duties otherwise vested by law in the school
board that previously operated a school placed in the state school
reform/redesign school district and in its officers, except those
relating to taxation or borrowing, and may exercise all additional
powers and duties provided under this section; and, except as
otherwise provided in this section, the state school
reform/redesign officer accedes to all the rights, duties, and
obligations of the school board with respect to that school. These
powers, rights, duties, and obligations include, but are not
limited to, all of the following:
(i) Authority over the expenditure of all funds attributable to
pupils at that school, including that portion of proceeds from
bonded indebtedness and other funds dedicated to capital projects
that would otherwise be apportioned to that school by the school
board that previously operated the school according to the terms of
the bond issue or financing documents.
(ii) Subject to subsection (8), rights and obligations under
collective bargaining agreements and employment contracts entered
into by the school board for employees at the school.
(iii) Rights to prosecute and defend litigation.
(iv) Rights and obligations under statute, rule, and common
law.
(v) Authority to delegate any of the state school
reform/redesign officer's powers and duties to 1 or more designees,
with proper supervision by the state school reform/redesign
officer.
(vi) Power to terminate any contract or portion of a contract
entered into by the school board that applies to that school.
However, this subsection does not allow any termination or
diminishment of obligations to pay debt service on legally
authorized bonds and does not allow a collective bargaining
agreement to be affected except as provided under subsection (8). A
contract terminated by the state school reform/redesign officer
under this subsection is void.
(7) If the state school reform/redesign officer determines
that better educational results are likely to be achieved by
appointing a chief executive officer to take control of multiple
public schools, the state school reform/redesign officer may make a
recommendation to the superintendent of public instruction for
appointment of a chief executive officer to take control over those
multiple schools. If the superintendent of public instruction
appoints a chief executive officer to take control of multiple
public schools under this subsection, the chief executive officer
shall impose for those public schools implementation of 1 of the 4
school intervention models described in subsection (2) and impose
an addendum to each applicable collective bargaining agreement in
effect for those public schools as necessary to implement the
school intervention model and that meets the requirements of
subsection (8). With respect to those public schools, the chief
executive officer has all of the same powers and duties that the
state school reform/redesign officer has for public schools placed
in the state school reform/redesign school district under
subsection (6). The chief executive officer shall regularly submit
monitoring reports to the state school reform/redesign officer on
the implementation and results of the intervention model in the
form and manner, and according to a schedule, as determined by the
state school reform/redesign officer. The chief executive officer
shall exercise any other powers or duties over the public schools
as may be directed by the superintendent of public instruction.
(8) An addendum to a collective bargaining agreement under
this section shall provide for any of the following that are
necessary for the applicable school intervention model to be
implemented at each affected public school:
(a) That any contractual or other seniority system that would
otherwise be applicable shall not apply at the public school. This
subdivision does not allow unilateral changes in pay scales or
benefits.
(b) That any contractual or other work rules that are
impediments to implementing the redesign plan shall not apply at
the public school. This subdivision does not allow unilateral
changes in pay scales or benefits.
(c) That the state school reform/redesign officer shall direct
the expenditure of all funds attributable to pupils at the public
school and the principal or other school leader designated by the
state school reform/redesign officer shall have full autonomy and
control over curriculum and discretionary spending at the public
school.
(9) The superintendent of public instruction shall hire a
state school reform/redesign officer to carry out the functions
under this section and as otherwise prescribed by law. The state
school reform/redesign officer shall be chosen solely on the basis
of his or her competence and experience in educational reform and
redesign. The state school reform/redesign officer is exempt from
civil service. The state school reform/redesign officer is
responsible directly to the superintendent of public instruction to
ensure that the purposes of this section are carried out, and
accordingly the position of state school reform/redesign officer
should be a position within the department that is exempt from the
classified state civil service. The department shall request that
the civil service commission establish the position of state school
reform/redesign officer as a position that is exempt from the
classified state civil service.
(10) If the state school reform/redesign officer imposes the
restart model for a public school in the state school
reform/redesign school district, or a chief executive officer under
subsection (7) imposes the restart model for multiple public
schools under that subsection, all of the following apply:
(a) The state school reform/redesign officer or chief
executive officer shall enter into an agreement with an educational
management organization to manage and operate the public school or
schools. The state school reform/redesign officer or chief
executive officer shall provide sufficient oversight to ensure that
the public school or schools will be operated according to all of
the requirements for a restart model.
(b) There shall be considered to be no collective bargaining
agreement in effect that applies to employees working at the public
school or schools under this model at the time of imposition of the
model.
(11) If the state school reform/redesign officer imposes the
turnaround model for a public school in the state school
reform/redesign school district, or a chief executive officer under
subsection (7) imposes the turnaround model for multiple public
schools under that subsection, all of the following apply:
(a) A collective bargaining agreement that applies to
employees working at the public school or schools under this model
at the time of imposition of the model, and any successor
collective bargaining agreement, continues to apply with respect to
pay scales and benefits.
(b) Subject to any addendum to the collective bargaining
agreement that applies to the public school or schools, an employee
who is working at the public school or schools and who was
previously employed in the same school district that previously
operated that school shall continue to retain and accrue seniority
rights in that school district according to the collective
bargaining agreement that applies to employees of that school
district.
(12) If more than 9 public schools operated by a school
district are on the list under subsection (1), the transformation
model may not be implemented for more than 50% of those schools.
(13) If the state school reform/redesign officer determines
that a public school that is subject to the measures under
subsection (6) or (7) has made significant improvement in pupil
achievement and should be released from the measures that have been
imposed under subsection (6) or (7), the state school
reform/redesign officer may recommend this to the superintendent of
public instruction. If the superintendent of public instruction
agrees with the determination and recommendation, the
superintendent of public instruction may release the public school
from the measures that have been imposed under subsection (6) or
(7).
(14) At least annually, the state school reform/redesign
officer shall submit a report to the standing committees of the
senate and house of representatives having jurisdiction over
education legislation on the progress being made in improving pupil
proficiency due to the measures under this section.
(15) As soon as practicable after the federal department of
education has adopted the final work rules and formula for
identifying the lowest achieving 5% of all public schools in this
state for the purposes of the federal incentive grant program
created under sections 14005 and 14006 of title XIV of the American
recovery and reinvestment act of 2009, Public Law 111-5, known as
the "race to the top" grant program, the department shall post all
of the following on its website:
(a) The federal work rules and formula.
(b) A list of the public schools in this state that have been
identified for these purposes as being among the lowest achieving
5% of all public schools in this state. The department shall update
this list as it considers appropriate.
