Michigan Legislature

  (1) Except as otherwise provided in this section, a school district, intermediate school district, or public school academy shall implement and maintain a method of compensation for its teachers and school administrators that includes job performance and job accomplishments as a significant factor in determining compensation and additional compensation. The assessment of job performance must incorporate a rigorous, transparent, and fair evaluation system that evaluates a teacher's or school administrator's performance at least in part based upon data on student growth as measured by assessments and other objective criteria.

  (2) If a collective bargaining agreement is in effect for teachers or school administrators of a school district, intermediate school district, or public school academy as of January 4, 2010, 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.