Bill Text: MI SB1176 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Education: teachers; performance evaluation systems for public school teachers and school administrators; modify. Amends secs. 1248 & 1249 of 1976 PA 451 (MCL 380.1248 & 380.1249). TIE BAR WITH: SB 1177'20
Spectrum: Slight Partisan Bill (Democrat 5-3)
Status: (Introduced - Dead) 2020-10-01 - Referred To Committee On Education And Career Readiness [SB1176 Detail]
Download: Michigan-2019-SB1176-Introduced.html
SENATE BILL NO. 1176
October 01, 2020, Introduced by Senators HORN,
ANANICH, HERTEL, CHANG, ZORN, POLEHANKI and DALEY and referred to the
Committee on Education and Career Readiness.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 1248 and 1249 (MCL 380.1248 and 380.1249), section 1248 as added by 2011 PA 102 and section 1249 as amended by 2019 PA 6.
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 must
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, effective, or highly effective under the performance
evaluation system under section 1249. Effectiveness shall
must be measured by the
performance evaluation system under section 1249, and the personnel decisions shall must
be made based on the following factors:
(i) Individual performance
shall must be the
majority factor in making the decision, and shall must 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.
(A) (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.
(B) (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.
(C) (D) The
teacher's attendance and disciplinary record, if any.
(ii) Significant, relevant accomplishments and contributions.
This factor shall must 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 must 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 must 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.
(2) (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 is 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 does not
include lost wages, lost benefits, or any other economic damages.
Sec. 1249. (1) Subject to subsection (4), with 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 Subject to section 1249b(1)(i) and subsection (2)(i), 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.
(b)
(c) Evaluates a
teacher's or school administrator's job performance , using multiple rating categories. that take into account
student growth and assessment data. Student growth must be measured using
multiple measures that may include student learning objectives, achievement of
individualized education program goals, nationally normed or locally developed
assessments that are aligned to state standards, research-based growth
measures, or alternative assessments that are rigorous and comparable across
schools within the school district, intermediate school district, or public
school academy. If the performance evaluation system implemented
by a school district, intermediate school district, or public school academy
under this section does not already include the rating of teachers as highly
effective, effective, minimally effective, and ineffective, then the school
district, intermediate school district, or public school academy shall revise
the performance evaluation system not later than September 19, 2011 to ensure
that it rates teachers as highly effective, effective, minimally effective, or
ineffective.
(c)
(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 Subject to subdivision (i),
the performance evaluation system must include at least an annual
year-end evaluation for all teachers. An annual year-end evaluation must meet all
of the following:
(i) For the 2018-2019 school year, 25%
of the annual year-end evaluation must be based on student growth and
assessment data. Beginning with the 2019-2020 school year, 40% of the annual
year-end evaluation must be based on student growth and assessment data.
(ii) 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) The portion of a A teacher's annual year-end evaluation that is not based on student growth and assessment data, as
described under subparagraph (i), must 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).(e).
(ii) (iv) The portion of a teacher's evaluation that is not measured using student growth and assessment data, as described under
subparagraph (i), or using the evaluation tool developed or adopted by the school
district, intermediate school district, or public school academy, as described under in subparagraph (iii), (i), must
incorporate criteria enumerated in section 1248(1)(b)(i) to (iii) that are not otherwise
evaluated under subparagraph (i).
or (iii).
(b) If there are student growth and assessment data available
for a teacher for at least 3 school years, the annual year-end evaluation must
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 must be based on all student growth and assessment data
that are available for the teacher.
(b) (c) The annual
year-end evaluation must 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), (c), 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.
(c) (d) The
performance evaluation system must 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 must 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 must be based at least in part
on student achievement.
(ii) The midyear progress report must be aligned with the
teacher's individualized development plan under subdivision (c).(b).
(iii) The midyear progress report must 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 must not take the place of an
annual year-end evaluation.
(d) (e) The
performance evaluation system must include classroom observations to assist in
the performance evaluations. All of the following apply to these classroom
observations:
(i) A classroom observation must 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
must be at least 2 classroom observations of the teacher each school year. At
least 1 observation must be unscheduled.
(iv) 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). (e). These other observers may be teacher leaders.
(v) 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.
(e) (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). (4). 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), (4), 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 must 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.
(f) (g) The
performance evaluation system must 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.
(g) (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).(c).
(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.
(h) (j) The
performance evaluation system must provide that, if a teacher is rated as
ineffective on 3 consecutive annual year-end evaluations, the school district,
intermediate school district, or public school academy 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.
(i) (k) The
performance evaluation system must 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 must again be provided with annual year-end evaluations.
(j) (l) The performance evaluation system must 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 must not allow for a review as
described in this subdivision more than twice in a 3-school-year period.
(k) (m) 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.
(l) (n) A school district, intermediate school district, or public
school academy shall ensure that training is provided to all evaluators and
observers. The training must 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 that 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) 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), (4), 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), (4), 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), (4), 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, intermediate school
district, or public school academy 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, intermediate school
district, or public school academy until after the expiration of that
collective bargaining agreement.
(4) (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 must include at least the evaluation models
recommended in the final recommendations released by the Michigan council on
educator effectiveness in July 2013. The list must 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 must 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.
(5) (6) The
training required under subsection (2) must be paid for from the funds
available in the educator evaluation reserve fund created under section 95a of
the state school aid act of 1979, MCL 388.1695a.
(6) (7) This
section does not affect the operation or applicability of section 1248.
(7) (8) As used in
this section, "teacher" means an individual who has a valid Michigan
teaching certificate or authorization or who is engaged to teach under section
1233b; who is employed, or contracted for, by a school district, intermediate
school district, or public school academy; and who is assigned by the school
district, intermediate school district, or public school academy to deliver
direct instruction to pupils in any of grades K to 12 as a teacher of record.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 1177 of the 100th Legislature is enacted into law.