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.