SB-0981, As Passed Senate, December 2, 2009
SUBSTITUTE FOR
SENATE BILL NO. 981
(As amended December 2, 2009)
<<A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 449, 504, 507, 1246, 1280, and 1536 (MCL 380.449,
380.504, 380.507, 380.1280, and 380.1536), section 449 as amended by
2004 PA 303, section 504 as amended by 2008 PA 1, section 507 as
amended by 1995 PA 289, section 1246 as amended by 2004 PA 148,
section 1280 as amended by 2006 PA 123, and section 1536 as added
by 2006 PA 335, and by adding sections 11c, 1249, 1280c, and 1280d.>>
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11c. All powers and duties of the school board of a
general powers school district and of its officers are subject to
sections 1280, 1280c, and 1280d.
Sec. 449. (1) All powers and duties of the school board of the
first class school district and of its officers are subject to part
5a until January 1 following the expiration of 5 years after the
initial appointment of a school reform board in the school district
Senate Bill No. 981 as amended December 2, 2009 (1 of 2)
under part 5a.
(2) All powers and duties of the school board of the first
class school district and of its officers are subject to sections
1280, 1280c, and 1280d.
<<Sec. 504. (1) A public school academy may be located in all or part of an existing public school building. A public school academy shall not operate at a site other than the single site requested for the configuration of grades that will use the site, as specified in the application required under section 502 and in the contract.
(2) A public school academy shall not charge tuition and shall not discriminate in its pupil admissions policies or practices on the basis of intellectual or athletic ability, measures of achievement or aptitude, status as a student with a disability, or any other basis that would be illegal if used by a school district. However, a public school academy may limit admission to pupils who are within a particular range of age or grade level or on any other basis that would be legal if used by a school district. THE ACADEMY WILL REPORT TO THEIR AUTHORIZER AND THE STATE DEPARTMENT OF EDUCATION THE NUMBER OF STUDENTS WITH DISABILITIES ENROLLED IN THE ACADEMY AND THE SERVICES THEY ARE BEING GIVEN.
(3) Except for a foreign exchange student who is not a United States citizen, a public school academy shall not enroll a pupil who is not a resident of this state. Enrollment in the public school academy may be open to all individuals who reside in this state who meet the admission policy and shall be open to all pupils who reside within the geographic boundaries, if any, of the authorizing body as described in section 502(2)(a) to (c) who meet the admission policy, except that admission to a public school academy authorized by the board of a community college to operate, or operated by the board of a community college, on the grounds of a federal military installation, as described in section 502(2)(c), shall be open to all pupils who reside in the county in which the federal military installation is located. For a public school academy authorized by a state public university, enrollment shall be open to all pupils who reside in this state who meet the admission policy. If there are more applications to enroll in the public school academy than there are spaces available, pupils shall be selected to attend using a random selection process. However, a public school academy may give enrollment priority to a sibling of a pupil enrolled in the public school academy. A public school academy shall allow any pupil who was enrolled in the public school academy in the immediately preceding school year to enroll in the public school academy in the appropriate grade unless the appropriate grade is not offered at that public school academy.
(4) A public school
academy may include any grade up to grade 12 or any configuration of those
grades, including kindergarten and early childhood education, as specified in
its contract. If specified in its contract, a public school academy may also
operate an adult basic education program, adult high school completion program,
or general education development testing preparation program. The authorizing
body may approve amendment of a contract with respect to ages of pupils or
grades offered.>>
Sec. 507. (1) The authorizing body for a public school academy
is the fiscal agent for the public school academy. A state school
aid payment for a public school academy shall be paid to the
authorizing body that is the fiscal agent for that public school
academy, which shall then forward the payment to the public school
academy. An authorizing body has the responsibility to oversee a
public school academy's compliance with the contract and all
applicable law. A contract issued under this part may be revoked by
the authorizing body that issued the contract if the authorizing
body determines that 1 or more of the following has occurred:
(a) Failure of the public school academy to abide by and meet
the educational goals set forth in the contract.
(b) Failure of the public school academy to comply with all
applicable law.
(c) Failure of the public school academy to meet generally
accepted public sector accounting principles.
(d) The existence of 1 or more other grounds for revocation as
specified in the contract.
(2) If an authorizing body receives notice from the
superintendent of public instruction that a public school academy
that it authorized has been determined by the superintendent of
public instruction to be among the lowest achieving 5% of all
public schools in this state, as defined for the purposes of the
Senate Bill No. 981 as amended December 2, 2009 (1 of 2)
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, the authorizing body may revoke the public
school academy's contract and the public school academy may be
closed.
(3) (2)
The decision of an authorizing body
to revoke a
contract under this section is solely within the discretion of the
authorizing body, is final, and is not subject to review by a court
or any state agency.
(4) An authorizing body that revokes a contract under this
section is not liable for that action to the public school academy,
public school academy corporation, a pupil of the public school
academy, the parent or guardian of a pupil of the public school
academy, or any other person.
<<Sec. 1246. (1) A school district, public school academy, or intermediate school district shall not continue to employ a person
as a superintendent, principal, assistant principal, or other person whose primary responsibility is administering instructional programs
or as a chief business official unless the person meets 1 or more of
the following requirements, as applicable:
(a) For a superintendent, principal, assistant principal, or
other person whose primary responsibility is administering
instructional programs, or a chief business official, who was
employed as a school administrator in this state on or before the effective date of the amendatory act that added this subdivision,
has completed the continuing education requirements prescribed by
rule under subsection (2).
(b) Subject to subsection (3), for a superintendent, principal, assistant principal, or other person whose primary responsibility is administering instructional programs and who is initially employed
as a school administrator in this state after the effective date of
the amendatory act that added this subdivision, meets 1 of the
following:
(i) Possesses a valid Michigan school administrator's
certificate issued under section 1536.
(ii) Possesses an earned advanced degree in a subject area
approved by the state board.
(2) The superintendent of public instruction shall promulgate
rules establishing continuing education requirements as a condition
for continued employment for persons employed
in positions described
in subsection (1) (1)(a). The rules shall prescribe a minimum amount
of continuing education that shall be completed within 5 years after initial employment and shall be completed each subsequent 5-year
period to meet the requirements of
subsection (1) (1)(a)
for
continued employment.
(3) A school district, public school academy, or intermediate school district may employ as a superintendent, principal, assistant principal, or other person whose primary responsibility is
administering instructional programs a person who is enrolled in a program leading to certification as a school administrator under
section 1536 not later than 6 months after the effective date of the amendatory act that added this subsection or 6 months after he or
she begins the employment, whichever is later. A person employed as
a school administrator pursuant to this subsection has 3 years to
meet the certification requirements of section 1536, or the school district, public school academy, or intermediate school district
shall not continue to employ the person as a school administrator described in this subsection.>>
Sec. 1249. 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) DIFFERENTIATES EFFECTIVENESS USING MULTIPLE RATING
CATEGORIES THAT TAKE INTO ACCOUNT DATA ON STUDENT GROWTH AS A
SIGNIFICANT FACTOR.
(B) IS DESIGNED AND DEVELOPED WITH TEACHER AND PRINCIPAL
INVOLVEMENT.
>>
Sec. 1280. (1) The board of a school district that does not
want to be subject to the measures described in this section shall
ensure that each public school within the school district is
accredited.
(2) As used in subsection (1), and subject to subsection (6),
"accredited" means certified by the superintendent of public
instruction as having met or exceeded standards established under
this section for 6 areas of school operation: administration and
school organization, curricula, staff, school plant and facilities,
school and community relations, and school improvement plans and
student performance. The building-level evaluation used in the
accreditation process shall include, but is not limited to, school
data collection, self-study, visitation and validation,
determination of performance data to be used, and the development
of a school improvement plan.
(3) The department shall develop and distribute to all public
schools proposed accreditation standards. Upon distribution of the
proposed standards, the department shall hold statewide public
hearings for the purpose of receiving testimony concerning the
standards. After a review of the testimony, the department shall
revise and submit the proposed standards to the superintendent of
public instruction. After a review and revision, if appropriate, of
the proposed standards, the superintendent of public instruction
shall submit the proposed standards to the senate and house
committees that have the responsibility for education legislation.
Upon approval by these committees, the department shall distribute
to all public schools the standards to be applied to each school
for accreditation purposes. The superintendent of public
instruction shall review and update the accreditation standards
annually using the process prescribed under this subsection.
(4) The superintendent of public instruction shall develop and
distribute to all public schools standards for determining that a
school is eligible for summary accreditation under subsection (6).
The standards shall be developed, reviewed, approved, and
distributed using the same process as prescribed in subsection (3)
for accreditation standards, and shall be finally distributed and
implemented not later than December 31, 1994.
(5) The standards for accreditation or summary accreditation
under this section shall include as criteria pupil performance on
Michigan education assessment program (MEAP) tests and on the
Michigan merit examination under section 1279g, and,
until the
Michigan merit examination has been fully implemented, the
percentage
of pupils achieving state endorsement under section
1279,
but shall not be based solely on
pupil performance on MEAP
tests
or the Michigan merit examination. or on the percentage of
pupils
achieving state endorsement under section 1279. The
standards shall also include as criteria multiple year change in
pupil performance on MEAP tests and the Michigan merit examination.
and,
until after the Michigan merit examination is fully
implemented,
multiple year change in the percentage of pupils
achieving
state endorsement under section 1279. If
it is necessary
for the superintendent of public instruction to revise
accreditation or summary accreditation standards established under
subsection (3) or (4) to comply with this subsection, the revised
standards shall be developed, reviewed, approved, and distributed
using the same process as prescribed in subsection (3).
(6) If the superintendent of public instruction determines
that a public school has met the standards established under
subsection (4) or (5) for summary accreditation, the school is
considered to be accredited without the necessity for a full
building-level evaluation under subsection (2).
(7) If the superintendent of public instruction determines
that a school has not met the standards established under
subsection (4) or (5) for summary accreditation but that the school
is making progress toward meeting those standards, or if, based on
a full building-level evaluation under subsection (2), the
superintendent of public instruction determines that a school has
not met the standards for accreditation but is making progress
toward meeting those standards, the school is in interim status and
is subject to a full building-level evaluation as provided in this
section.
(8) If a school has not met the standards established under
subsection (4) or (5) for summary accreditation and is not eligible
for interim status under subsection (7), the school is unaccredited
and subject to the measures provided in this section.
(9)
Beginning with the 2002-2003 school year, if If at
least
5% of a public school's answer sheets from the administration of
the Michigan educational assessment program (MEAP) tests are lost
by the department or by a state contractor and if the public school
can verify that the answer sheets were collected from pupils and
forwarded to the department or the contractor, the department shall
not assign an accreditation score or school report card grade to
the public school for that subject area for the corresponding year
for the purposes of determining state accreditation under this
section. The department shall not assign an accreditation score or
school report card grade to the public school for that subject area
until the results of all tests for the next year are available.
(10) Subsection (9) does not preclude the department from
determining whether a public school or a school district has
achieved adequate yearly progress for the school year in which the
answer sheets were lost for the purposes of the no child left
behind act of 2001, Public Law 107-110. However, the department
shall ensure that a public school or the school district is not
penalized when determining adequate yearly progress status due to
the fact that the public school's MEAP answer sheets were lost by
the department or by a state contractor, but shall not require a
public school or school district to retest pupils or produce scores
from another test for this purpose.
(11) The superintendent of public instruction shall annually
review and evaluate for accreditation purposes the performance of
each school that is unaccredited and as many of the schools that
are in interim status as permitted by the department's resources.
(12) The superintendent of public instruction shall, and the
intermediate school district to which a school district is
constituent, a consortium of intermediate school districts, or any
combination thereof may, provide technical assistance, as
appropriate, to a school that is unaccredited or that is in interim
status upon request of the board of the school district in which
the school is located. If requests to the superintendent of public
instruction for technical assistance exceed the capacity, priority
Senate Bill No. 981 as amended December 2, 2009
shall be given to unaccredited schools.
(13)
A school that If the
superintendent of public instruction
determines that a <<PUBLIC>> school has been unaccredited for 3
consecutive
years
is subject to or is 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, known as the "race to the top" grant
program, then the superintendent of public instruction may issue an
order imposing 1 or more of the following measures, as determined
by the superintendent of public instruction:
(a) The superintendent of public instruction or his or her
designee
shall may appoint
at the expense of the affected school
district an administrator of the school until the school becomes
accredited.
(b) A parent, legal guardian, or person in loco parentis of a
child who attends the school may send his or her child to any
accredited public school with an appropriate grade level within the
school district.
(c) The superintendent of public instruction may order the
board
or board of directors that operates the school ,
with the
approval
of the superintendent of public instruction, shall to
align
itself the school with an existing research-based school
improvement model or establish an affiliation for providing
assistance to the school with a college or university located in
this state, as approved by the superintendent of public
instruction.
(d)
The school shall be closed. The
superintendent of public
instruction may take action to implement for the school any 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.
(14) The superintendent of public instruction shall evaluate
the school accreditation program and the status of schools under
this section and shall submit an annual report based upon the
evaluation to the senate and house committees that have the
responsibility for education legislation. The report shall address
the reasons each unaccredited school is not accredited and shall
recommend legislative action that will result in the accreditation
of all public schools in this state.
(15) Beginning with the 2008-2009 school year, a high school
shall not be accredited by the department unless the department
determines that the high school is providing or has otherwise
ensured that all pupils have access to all of the elements of the
curriculum required under sections 1278a and 1278b. If it is
necessary for the superintendent of public instruction to revise
accreditation or summary accreditation standards established under
subsection (3) or (4) to comply with the changes made to this
section by the amendatory act that added this subsection, the
revised standards shall be developed, reviewed, approved, and
distributed using the same process as prescribed in subsection (3).
(16) 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.
(17) If a school on the list posted by the superintendent of
public instruction under subsection (16) is a public school
academy, the superintendent of public instruction immediately shall
notify the public school academy's authorizing body that the school
has been identified for these purposes as being among the lowest
achieving 5% of all public schools in this state. The public school
academy's authorizing body may revoke the public school academy's
contract, and the public school academy may be closed.
Sec. 1280c. (1) Beginning after the 2010-2011 school year, if
the superintendent of public instruction determines that 25% or
more of the pupils in membership in a school district are enrolled
in 1 or more schools that have been determined by the
superintendent of public instruction to be among the lowest
Senate Bill No. 981 as amended December 2, 2009
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, then the superintendent
of public instruction shall issue an order designating the school
district as a turnaround school district and shall take measures
under subsection (3) with respect to the school district, as
applicable. The superintendent of public instruction shall issue
the order designating a school district as a turnaround school
district within 15 days after he or she determines that the public
school meets the criteria under this subsection.
(2) Within 15 days after issuing an order under subsection
(1), the superintendent of public instruction shall appoint a
review team to conduct an evaluation of the turnaround school
district. All of the following apply to this review team:
(a) The review team shall consist of at least a teacher who is
not employed by the turnaround school district, a support staff
member who is not employed by the turnaround school district, a
parent who does not have a child enrolled in the turnaround school
district, a school administrator who is not employed by the
turnaround school district, a school board member, <<A TEACHER
EMPLOYED BY THE TURNAROUND DISTRICT,>> a representative
of the intermediate school district in which the turnaround school
district is located, a member of the local community, and another
designee of the superintendent of public instruction. A member of
the review team serves at the pleasure of the superintendent of
public instruction and may be removed and replaced by the
superintendent of public instruction.
(b) The review team's evaluation shall focus on issues at both
the school district level and school building level and shall
cover, at a minimum, pupil performance on state assessments,
standards and expectations, curriculum, instruction, time on task,
learning environment, prevalence of transient pupils, parental
involvement, community involvement, staff development, planning and
assessment, and governance and leadership.
(c) Within 30 days after being appointed, the review team
shall submit a report to the superintendent of public instruction
based on its evaluation that identifies the reasons for the low
achievement within the school district and contains recommendations
on the measures that the superintendent of public instruction and
the chief educational officer appointed under subsection (3) should
take under this section with regard to the turnaround school
district.
(d) The review team shall reevaluate the turnaround school
district at least annually to monitor the progress being made in
implementing the recommendations contained in the review team's
evaluation report.
(e) The board of a turnaround school district shall cooperate
fully with a review team appointed under this subsection.
(3) If the superintendent of public instruction issues an
order designating a school district as a turnaround school district
under subsection (1), then within 60 days after receiving the
evaluation report from the review team under subsection (2), the
superintendent of public instruction shall issue an order
appointing a chief educational officer for the turnaround school
district. The chief educational officer shall take control of the
turnaround school district and operate it as provided under this
section.
(4) If the superintendent of public instruction appoints a
chief educational officer for a turnaround school district under
subsection (3), all of the following apply:
(a) The chief educational officer shall carry out the
functions under this section and as otherwise prescribed by law.
All of the following apply to the appointment:
(i) The chief educational officer shall be chosen solely on the
basis of his or her competence and experience either in educational
reform and redesign and improving pupil achievement or in business
and fiscal matters. If the chief educational officer is chosen
based on his or her experience and competence in business and
fiscal matters, the chief educational officer, with the approval of
the superintendent of public instruction, shall hire an expert in
educational reform and redesign with a proven record of improving
pupil achievement to assist the chief educational officer in
operating the turnaround school district.
(ii) The chief educational officer or an assistant described in
subparagraph (i) shall not have been either an elected or appointed
official or employee of the school district for which he or she is
appointed for not less than 5 years before the appointment.
(iii) The superintendent of public instruction shall not serve
as a chief educational officer under this section.
(iv) The chief educational officer need not be a resident of
the school district for which he or she is appointed.
(v) The superintendent of public instruction shall enter into
a contract with the chief educational officer appointing the chief
educational officer for a term of at least 1 but not more than 3
years, as determined by the superintendent of public instruction.
Subject to subdivision (k), the superintendent of public
instruction may renew the appointment for 1 or more subsequent
terms of not more than 3 years, as determined by the superintendent
of public instruction.
(b) With respect to the turnaround school district, the chief
educational officer has all of the powers and duties described in
this section. All provisions of this act that would otherwise apply
to the school board that previously operated the turnaround school
district apply to the chief educational officer with respect to
that school district, except those relating to taxation or
borrowing. Subject to this section, the chief educational officer
may exercise all the powers and duties otherwise vested by law in
the school board that previously operated the turnaround 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. Subject to this section, the chief
educational officer accedes to all the rights, duties, and
obligations of the school board. Other than taxation and borrowing
and specific powers and duties given to the school board under this
section, the school board's role is limited to acting as an
advisory board to the chief educational officer. The chief
educational officer's powers, rights, duties, and obligations
include, but are not limited to, all of the following:
(i) Authority over expenditure of all funds of the school
district, including proceeds from bonded indebtedness and other
funds dedicated to capital projects.
(ii) Subject to this section, rights and obligations under
collective bargaining agreements and employment contracts entered
into by the school board for employees of the school district.
(iii) Rights to prosecute and defend litigation.
(iv) Rights and obligations under statute, rule, and common
law.
(v) Subject to subsection (7), authority to delegate any of
the chief educational officer's powers and duties to 1 or more
designees, with proper supervision by the chief educational
officer.
(vi) Power to terminate any contract or portion of a contract
entered into by the school board. However, this subparagraph 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 this section. A contract terminated by the chief educational
officer under this subparagraph is void.
(c) The chief educational officer shall take control of the
continued day-to-day operation of the turnaround school district.
The chief educational officer may modify school district policies
and renegotiate applicable collective bargaining agreements to
provide for any measures that the chief educational officer
determines to be necessary to achieve the educational goals
established by the chief educational officer. The policies that may
be modified or collective bargaining agreement provisions that may
be renegotiated under this subsection include, but are not limited
to, all of the following:
(i) That any contractual or other seniority system that would
otherwise be applicable shall not apply. This subparagraph does not
allow unilateral changes in pay scales or benefits.
(ii) That any contractual or other work rules the chief
educational officer determines to be impediments to achieving
satisfactory pupil performance shall not apply. This subparagraph
does not allow unilateral changes in pay scales or benefits.
(iii) That the chief educational officer shall direct the
expenditure of all funds of the school district, and the chief
educational officer shall have full autonomy and control over
curriculum and discretionary spending for the school district.
(d) For the purposes of collective bargaining under 1947 PA
336, MCL 423.201 to 423.217, the chief educational officer is the
public employer of the employees of the school district for as long
as the school district is operated by the chief educational
officer.
(e) Except as otherwise provided by law, an individual may be
employed to teach in the school district only if he or she holds a
valid Michigan teaching certificate.
(f) The chief educational officer shall report all of the
following to the superintendent of public instruction:
(i) The educational goals the turnaround school district is to
achieve and the methods by which it will be held accountable. To
the extent applicable, the pupil performance of a turnaround school
district shall be assessed using at least a Michigan education
assessment program (MEAP) test or the Michigan merit examination,
as applicable. At a minimum, the educational goals shall include
that at least 80% of the school district's pupils graduate from
high school or are determined by the department to be on track to
graduate from high school, the school district has at least 80%
average attendance, and, for a school district that operates a high
school, its pupils have an average score of at least 18 on the
college entrance examination component of the Michigan merit
examination.
(ii) A description of the method to be used to monitor the
turnaround school district's compliance with applicable law and its
performance in meeting its targeted educational objectives.
(g) The following powers concerning employees:
(i) The chief educational officer may remove a staff member
from a job assignment in the school district in accordance with any
applicable collective bargaining agreement, after any modification
of the collective bargaining agreement under this section, and
direct that he or she be assigned elsewhere in the school district.
(ii) The chief educational officer or other school leader
designated by the chief educational officer may hire and assign
employees to work in the school district.
(h) The school board of the turnaround school district shall
ensure that all of its school officials and employees cooperate
with the chief educational officer and with any educational
management entity managing the turnaround school district.
(i) The chief educational officer shall adopt and implement
for the turnaround school district a parent involvement plan
designed to encourage parental participation. This parent
involvement plan may be, but is not required to be, based on the
parent involvement plan previously implemented in the school
district under section 1294. The chief educational officer shall
provide a copy of the parent involvement plan to the parent or
legal guardian of each pupil enrolled in the school district and to
the superintendent of public instruction. The chief educational
officer may provide the copy of the plan by including the plan in
the student handbook or a similar publication that is distributed
to all pupils and parents.
(j) The chief educational officer shall establish a school
advisory council for the turnaround school district, as applicable,
consisting of parents and community leaders and shall meet with the
school advisory council periodically to receive their input. The
intermediate school district in which the turnaround school
district is located shall appoint a representative to the school
advisory council. The chief educational officer may also include on
the advisory council 1 or more pupils; representatives of local
community organizations that offer health, social, or educational
services; or representatives of local workforce development boards
or postsecondary institutions that serve the local community.
(k) If the superintendent of public instruction determines
that the turnaround school district has not met at least all of the
following after 3 full school years of being operated by a
particular chief educational officer, the superintendent of public
instruction shall appoint a new chief educational officer for the
school district as provided under this section:
(i) At least 1 of the following:
(A) The percentage of all pupils enrolled in the turnaround
school district who scored at least "proficient" on the most recent
Michigan education assessment program assessments or Michigan merit
examination, as applicable, for which results are available was at
least 30% in either mathematics or English language arts.
(B) The percentage of all pupils below the proficient
achievement level used for the federal pupil performance standard
decreased by at least 10% from the preceding year. Scores labeled
"provisionally proficient" are considered as proficient for these
purposes.
(ii) All of the following educational goals:
(A) At least 80% of the school district's pupils graduate from
high school or are determined by the department to be on track to
graduate from high school.
(B) The school district has at least 80% average attendance.
(C) For a school district that operates a high school, its
pupils have an average score of at least 18 on the college entrance
examination component of the Michigan merit examination.
(iii) The review team appointed under subsection (2) determines
in its annual reevaluations that the chief educational officer is
making satisfactory progress in implementing the recommendations in
the review team's initial evaluation report.
(5) The superintendent of public instruction may determine and
certify that the conditions for revoking the designation of a
school district as a turnaround school district have been met after
receiving a recommendation from the chief educational officer. The
chief educational officer may condition his or her recommendation
to the superintendent of public instruction upon the school board's
adoption of a resolution that will ensure that the goals and
methods of the chief educational officer, as reported to the
superintendent of public instruction under subsection (4)(f), will
be continued in the school district.
(6) The superintendent of public instruction shall do 1 of the
following:
(a) Create a high-performing school review team that evaluates
public school academies in this state and similar public schools in
other states to identify persons or entities that operate high-
performing public schools. The high-performing school review team
shall consist of at least teachers, school administrators, and
other educational experts. In identifying high-performing public
schools, the high-performing school review team shall take into
account the past academic performance of pupils at the school, past
grade offerings at the school, and the demographics of pupils at
the school.
(b) Contract with an entity to perform the functions under
subdivision (a).
(7) Subject to section 1280d, a chief educational officer may
contract with an educational management entity for the management
of the turnaround school district that the chief educational
officer operates, at the discretion of the chief educational
officer. The superintendent of public instruction shall use the
evaluations of the high-performing school review team or the
contracting entity under subsection (6) to solicit proposals from
educational management entities to manage turnaround school
districts. The superintendent of public instruction shall share
these proposals with the chief educational officers appointed by
the superintendent of public instruction under this section.
(8) Unless the legislature provides special funding, a chief
educational officer appointed under this section shall receive
compensation as established by the superintendent of public
instruction, and reimbursement for actual and necessary expenses,
from the turnaround school district, as approved by the
superintendent of public instruction. In addition to staff
otherwise authorized by law, with the approval of the
superintendent of public instruction, the chief educational officer
may appoint additional staff and secure professional assistance
considered necessary to implement this section. If the chief
educational officer was chosen based on his or her experience and
competence in business and fiscal matters, the chief educational
officer, with the approval of the superintendent of public
instruction, shall hire an expert in educational reform and
redesign with a proven record of improving pupil achievement to
assist the chief educational officer in operating the turnaround
school district.
(9) At least annually, the department shall publish a watch
list of public schools that are in danger of being 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. The
department shall include a public school on this watch list if the
department determines that a public school has been unaccredited
under section 1280 for 2 or more consecutive years or has failed to
achieve the federal pupil performance standard for 3 or more
consecutive years, and that the percentage of all pupils enrolled
in the public school who scored at least "proficient" on the most
recent Michigan education assessment program assessments or
Michigan merit examination, as applicable, for which results are
available was less than 45% in both mathematics and English
language arts, and may include other public schools if the
department determines that there are other reasons why they are in
danger of being 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.
(10) If a public school is included on the watch list under
subsection (9), the department shall notify the school board or
board of directors that operates the public school, the collective
bargaining representatives of all collective bargaining units with
members who work at the school or who are employed by that school
board or board of directors, and the intermediate school district
in which the public school is located. The school board or board of
directors shall notify employees and parent organizations of the
school district or public school academy that the school has been
placed on this watch list and shall publish a notice to this effect
Senate Bill No. 981 as amended December 2, 2009
on its website. The school board or board of directors shall ensure
that appropriate personnel of the school district or school meet
with the intermediate school district in which the public school is
located to develop a plan to implement measures at the public
school that are designed to enable the public school to make the
necessary improvement to be removed from the watch list.
(11) For the purposes of this section, the superintendent of
public instruction is encouraged to consider taking measures to
increase the number of qualified school counselors serving a
turnaround school district to ensure that there is at least 1
qualified school counselor for every 250 pupils. If federal funds
become available to support the placement of additional qualified
school counselors for a turnaround school district, the department
shall notify the chief educational officer operating the turnaround
school district about these funds and shall take steps as necessary
to facilitate the procurement of these funds for the turnaround
school district.
(12) If the superintendent of public instruction determines
that the resources available to the department are insufficient to
address all of the school districts described in subsection (1),
the superintendent of public instruction shall prioritize his or
her efforts by addressing the 30 lowest-performing school districts
during the 2011-2012 school year and 30 additional school districts
each subsequent school year until all of the school districts
described in subsection (1) have been addressed.
<<
Senate Bill No. 981 as amended December 2, 2009
>>
(14) At least quarterly, the superintendent of public
instruction 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) This state, the superintendent of public instruction, and
a chief educational officer appointed under this section are not
liable for any obligation of or claim against a school district
resulting from actions taken in accordance with this section.
(16) As used in this section:
(a) "Achieved the federal pupil performance standard" means
that the department has determined that the school has achieved
adequate yearly progress under the no child left behind act of
2001, Public Law 107-110, or has met a successor federal standard
that the superintendent of public instruction has identified as
being a standard established by the federal government that is
based on pupil performance and is required to be met in order to
receive full federal funding.
(b) "Failed to achieve the federal pupil performance standard"
means that the department has determined that the school has failed
to achieve adequate yearly progress under the no child left behind
act of 2001, Public Law 107-110, or has failed to meet a successor
federal standard that the superintendent of public instruction has
identified as being a standard established by the federal
government that is based on pupil performance and is required to be
met in order to receive full federal funding.
Sec. 1280d. (1) If a chief educational officer operating a
turnaround school district under section 1280c enters into a
contract with an educational management entity for the management
of the turnaround school district, the chief educational officer
shall ensure all of the following:
(a) That the chief educational officer has conducted
sufficient due diligence to conclude that the educational
management entity has sufficient educational expertise and
management experience to provide the agreed services.
(b) That the chief educational officer will obtain independent
legal counsel in all negotiations with the educational management
entity.
(c) That, pursuant to the contract between the chief
educational officer and the educational management entity, the
educational management entity will provide to the chief educational
officer all financial and other information required to comply with
the requirements concerning reporting under section 1280c.
(2) If a chief educational officer operating a turnaround
school district under section 1280c enters into a contract with an
educational management entity for the management of the turnaround
school district, the contract between the chief educational officer
and the educational management entity shall contain at least all of
the following provisions:
(a) A provision requiring the educational management entity to
provide to the chief educational officer information regarding any
teachers, administrators, and support staff employed by the
educational management entity and assigned to work in the school
district, including at least all of the following personal
information:
(i) Name.
(ii) Education, including highest degree attained.
(iii) Salary.
(iv) Copy of teaching certificate or other required permit or
credential, if required for the position.
(v) Description of relevant experience.
(vi) Employment record.
(b) A provision requiring the educational management entity to
provide to the chief educational officer information regarding the
business operations of the turnaround school district, including at
least all of the following:
(i) Financial records and information concerning the operation
of the school district, including, but not limited to, budgets and
detailed records of funds received from this state and other
entities, expenditure of those funds, investment of those funds,
carryover, and contractual arrangements or agreements entered into
by the educational management entity as an agent of the chief
educational officer.
(ii) Financial records and information concerning leases to
which the chief educational officer is a party, including, but not
limited to, leases for equipment, physical facility space, or
institutional and educational materials.
(iii) Financial records and information concerning mortgages and
loans to which the chief educational officer is a party.
(c) A provision requiring the educational management entity to
make information available to the chief educational officer
concerning the operation and management of the turnaround school
Senate Bill No. 981 as amended December 2, 2009 (1 of 2)
district, including at least all of the information necessary to
comply with the requirements concerning reporting under section
1280c.
(3) This section does not apply to a contract to furnish
substitute teachers entered into under section 1236a.
(4) As used in this section:
(a) "Educational management entity" means an entity that
enters into an agreement with the chief educational officer
operating a turnaround school district under section 1280c to
provide comprehensive educational, administrative, management, or
instructional services or staff to the turnaround school district.
(b) "Entity" means a partnership, nonprofit or business
corporation, labor organization, or any other association,
corporation, trust, or other legal entity.
<<Sec. 1536. (1) The state board shall develop a school administrator's
certificate that may shall
be issued to all school
district and intermediate school district superintendents, school principals,
assistant principals, and other administrators whose
primary responsibility is administering instructional programs and
who meet the requirements established under subsection (3). An
individual described in section 1246(1)(a) is not required by this section to have a school administrator's certificate under this
section or an endorsement under subsection (2) to be employed as a
school administrator by a school district, public school academy, intermediate school district, or nonpublic school.
(2) The state board also may shall develop appropriate
certificate endorsements for school administrators, by elementary, secondary, and central office level.
(3) The state board shall develop standards, and the
superintendent of public instruction shall develop procedures, to implement this section. The standards and procedures shall address
at least all of the following:
(a) The educational and professional experience requirements
for a certificate or endorsement under this section.
(b) Continuing education requirements for periodic
recertification. These requirements shall be consistent with the continuing education requirements under section 1246.
(c) Procedures for application for and issuance of
certificates and endorsements under this section.
(d) Standards and procedures for suspension and revocation of
a certificate. These standards and procedures shall be based on the standards and procedures for taking action against a person's
teaching certificate under section 1535a.
(4) The department shall consult and work with appropriate professional organizations, primarily organizations representing superintendents and building-level administrators, in developing the standards required under this section.
(5) For the purposes of adding 1 or more enhancement or
specialty endorsements for a school administrator's certificate,
the department may recognize performance-based professional
learning programs offered by established state professional
organizations that represent school administrators described in subsection (1). These programs must be approved by the department
based on alignment with state board-approved school administrator
program preparation standards.
(6) A school administrator's certificate issued under this
section is valid for 5 years and shall be renewed upon completion
of renewal units as determined by the superintendent of public instruction.
(7) The department shall recognize alternative pathways to
earning the basic school administrator's certificate based on
experience or alternative preparation, or both, if the alternative certification program is submitted by an established state
professional organization and meets criteria set forth by state
board approved school administrator program preparation standards.
(8) (6) As used in this section,
"established state
professional organization" means an association that has served
members on a statewide basis for at least 10 years.>>
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
<<
(a)>> Senate Bill No. 925.
<<(b)>> Senate Bill No. 926.
<<(c)>> Senate Bill No. 965.
<<(d)>> Senate Bill No. 982.
<<(e)>> Senate Bill No. 994.