SB-0817, As Passed Senate, June 12, 2014

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 817

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending section 1249 (MCL 380.1249), as amended by 2011 PA 102.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1249. (1) Not later than September 1, 2011, and subject

 

Subject to subsection (9), (7), with the involvement of teachers

 

and school administrators, the board of a school district or

 

intermediate school district or board of directors of a public

 

school academy shall adopt and implement for all teachers and

 

school administrators a rigorous, transparent, and fair performance

 

evaluation system that does all of the following:

 

     (a) Evaluates the teacher's or school administrator's job

 

performance at least annually while providing timely and

 


constructive feedback.

 

     (b) Establishes clear approaches to measuring student growth

 

and provides teachers and school administrators with relevant data

 

on student growth.

 

     (c) Evaluates a teacher's or school administrator's job

 

performance, using multiple rating categories that take into

 

account data on student growth as a significant factor. For these

 

purposes, student growth shall be measured by national, state, or

 

local assessments and other objective criteria. For 2014-2015, for

 

grades and subjects in which state assessments are administered in

 

compliance with 20 USC 6311, student growth must be measured, at

 

least in part, using the state assessments, and for grades and

 

subjects in which state assessments are not required and

 

administered for purposes of 20 USC 6311, student growth must be

 

measured, at least in part, using alternative assessments that are

 

rigorous and comparable across schools within the school district,

 

intermediate school district, or public school academy. If the

 

performance evaluation system implemented by a school district,

 

intermediate school district, or public school academy under this

 

section does not already include the rating of teachers as highly

 

effective, effective, minimally effective, and ineffective, then

 

the school district, intermediate school district, or public school

 

academy shall revise the performance evaluation system within 60

 

days after the effective date of the amendatory act that added this

 

sentence not later than September 19, 2011 to ensure that it rates

 

teachers as highly effective, effective, minimally effective, or

 

ineffective.

 


Senate Bill No. 817 as amended May 14, 2014

                    as amended June 11, 2014

 

     (d) Uses the evaluations, at a minimum, to inform decisions

 

regarding all of the following:

 

     (i) The effectiveness of teachers and school administrators,

 

ensuring that they are given ample opportunities for improvement.

 

     (ii) Promotion, retention, and development of teachers and

 

school administrators, including providing relevant coaching,

 

instruction support, or professional development.

 

     (iii) Whether to grant tenure or full certification, or both, to

 

teachers and school administrators using rigorous standards and

 

streamlined, transparent, and fair procedures.

 

     (iv) Removing ineffective tenured and untenured teachers and

 

school administrators after they have had ample opportunities to

 

improve, and ensuring that these decisions are made using rigorous

 

standards and streamlined, transparent, and fair procedures.

 

     (2) Beginning with the 2013-2014 2015-2016 school year, the

 

board of a school district or intermediate school district or board

 

of directors of a public school academy shall ensure that the

 

performance evaluation system for teachers meets all of the

 

following:

 

     (a) The performance evaluation system shall include at least

 

an annual year-end evaluation for all teachers. An annual year-end

 

evaluation shall meet all of the following:

 

     (i) [<<For the annual year-end evaluation for the 2013-2014 school

 

year, at least                                     , 25% of the annual

year-end evaluation shall be based

 

on student growth and assessment data.>> For the annual year-end

 

evaluation for the 2014-2015 school year, at least 40% of the

 

annual year-end evaluation shall be based on student growth and

 


Senate Bill No. 817 as amended May 14, 2014

                    as amended June 11, 2014

assessment data. Beginning with the annual year-end evaluation for

 

the 2015-2016 school year, at <<AT least                           

                                                  >> 50%    ] of the annual year-

 

end evaluation shall be based on student growth and assessment

 

data. All student growth and assessment data shall be measured

 

using the student growth assessment tool that is required under

 

legislation enacted by the legislature under subsection (6) after

 

review of the recommendations contained in the report of the

 

governor's council on former Michigan council for educator

 

effectiveness. submitted under subsection (5).

 

     (ii) If there are student growth and assessment data available

 

for a teacher for at least 3 school years, the annual year-end

 

evaluation shall be based on the student growth and assessment data

 

for the most recent 3-consecutive-school-year period. If there are

 

not student growth and assessment data available for a teacher for

 

at least 3 school years, the annual year-end evaluation shall be

 

based on all student growth and assessment data that are available

 

for the teacher.

 

     (iii) The annual year-end evaluation shall include specific

 

performance goals that will assist in improving effectiveness for

 

the next school year and are developed by the school administrator

 

or his or her designee conducting the evaluation, in consultation

 

with the teacher, and any recommended training identified by the

 

school administrator or designee, in consultation with the teacher,

 

that would assist the teacher in meeting these goals. For a teacher

 

described in subdivision (b), the school administrator or designee

 

shall develop, in consultation with the teacher, an individualized

 

development plan that includes these goals and training and is

 


designed to assist the teacher to improve his or her effectiveness.

 

     (b) The performance evaluation system shall include a midyear

 

progress report for a teacher who is in the first year of the

 

probationary period prescribed by section 1 of article II of 1937

 

(Ex Sess) PA 4, MCL 38.81, or who received a rating of minimally

 

effective or ineffective in his or her most recent annual year-end

 

evaluation. The midyear progress report shall be used as a

 

supplemental tool to gauge a teacher's improvement from the

 

preceding school year and to assist a teacher to improve. All of

 

the following apply to the midyear progress report:

 

     (i) The midyear progress report shall be based at least in part

 

on student achievement.

 

     (ii) The midyear progress report shall be aligned with the

 

teacher's individualized development plan under subdivision (a)(iii).

 

     (iii) The midyear progress report shall include specific

 

performance goals for the remainder of the school year that are

 

developed by the school administrator conducting the annual year-

 

end evaluation or his or her designee and any recommended training

 

identified by the school administrator or designee that would

 

assist the teacher in meeting these goals. At the midyear progress

 

report, the school administrator or designee shall develop, in

 

consultation with the teacher, a written improvement plan that

 

includes these goals and training and is designed to assist the

 

teacher to improve his or her rating.

 

     (iv) The midyear progress report shall not take the place of an

 

annual year-end evaluation.

 

     (c) The performance evaluation system shall include classroom

 


observations to assist in the performance evaluations. All of the

 

following apply to these classroom observations:

 

     (i) Except as provided in this subdivision, the manner in which

 

a classroom observation is conducted shall be prescribed in the

 

evaluation tool for teachers described in subdivision (d).

 

     (ii) A classroom observation shall include a review of the

 

teacher's lesson plan and the state curriculum standard being used

 

in the lesson and a review of pupil engagement in the lesson.

 

     (iii) A classroom observation does not have to be for an entire

 

class period.

 

     (iv) Unless a teacher has received a rating of effective or

 

highly effective on his or her 2 most recent annual year-end

 

evaluations, there shall be multiple classroom observations of the

 

teacher each school year.

 

     (d) For the purposes of conducting annual year-end evaluations

 

under the performance evaluation system, the school district,

 

intermediate school district, or public school academy shall adopt

 

and implement the state evaluation tool for teachers that is

 

required under legislation enacted by the legislature under

 

subsection (6) after review of the recommendations contained in the

 

report of the governor's council on former Michigan council for

 

educator effectiveness. submitted under subsection (5). However, if

 

a school district, intermediate school district, or public school

 

academy has a local evaluation tool for teachers that is consistent

 

with the state evaluation tool, the school district, intermediate

 

school district, or public school academy may conduct annual year-

 

end evaluations for teachers using that local evaluation tool.

 


     (e) The performance evaluation system shall assign an

 

effectiveness rating to each teacher of highly effective,

 

effective, minimally effective, or ineffective, based on his or her

 

score on the annual year-end evaluation described in this

 

subsection.

 

     (f) As part of the performance evaluation system, and in

 

addition to the requirements of section 1526, a school district,

 

intermediate school district, or public school academy is

 

encouraged to assign a mentor or coach to each teacher who is

 

described in subdivision (b).

 

     (g) The performance evaluation system may allow for exemption

 

of student growth data for a particular pupil for a school year

 

upon the recommendation of the school administrator conducting the

 

annual year-end evaluation or his or her designee and approval of

 

the school district superintendent or his or her designee,

 

intermediate superintendent or his or her designee, or chief

 

administrator of the public school academy, as applicable.

 

     (h) The performance evaluation system shall provide that, if a

 

teacher is rated as ineffective on 3 consecutive annual year-end

 

evaluations, the school district, public school academy, or

 

intermediate school district shall dismiss the teacher from his or

 

her employment. This subdivision does not affect the ability of a

 

school district, intermediate school district, or public school

 

academy to dismiss an ineffective teacher from his or her

 

employment regardless of whether the teacher is rated as

 

ineffective on 3 consecutive annual year-end evaluations.

 

     (i) The performance evaluation system shall provide that, if a

 


teacher is rated as highly effective on 3 consecutive annual year-

 

end evaluations, the school district, intermediate school district,

 

or public school academy may choose to conduct a year-end

 

evaluation biennially instead of annually. However, if a teacher is

 

not rated as highly effective on 1 of these biennial year-end

 

evaluations, the teacher shall again be provided with annual year-

 

end evaluations.

 

     (j) The performance evaluation system shall provide that, if a

 

teacher who is not in a probationary period prescribed by section 1

 

of article II of 1937 (Ex Sess) PA 4, MCL 38.81, is rated as

 

ineffective on an annual year-end evaluation, the teacher may

 

request a review of the evaluation and the rating by the school

 

district superintendent, intermediate superintendent, or chief

 

administrator of the public school academy, as applicable. The

 

request for a review must be submitted in writing within 20 days

 

after the teacher is informed of the rating. Upon receipt of the

 

request, the school district superintendent, intermediate

 

superintendent, or chief administrator of the public school

 

academy, as applicable, shall review the evaluation and rating and

 

may make any modifications as appropriate based on his or her

 

review. However, the performance evaluation system shall not allow

 

for a review as described in this subdivision more than twice in a

 

3-school-year period.

 

     (3) Beginning with the 2013-2014 2015-2016 school year, the

 

board of a school district or intermediate school district or board

 

of directors of a public school academy shall ensure that the

 

performance evaluation system for building-level school

 


Senate Bill No. 817 as amended June 11, 2014

administrators and for central office-level school administrators

 

who are regularly involved in instructional matters meets all of

 

the following:

 

     (a) The performance evaluation system shall include at least

 

an annual year-end evaluation for all school administrators

 

described in this subsection by the school district superintendent

 

or his or her designee, intermediate superintendent or his or her

 

designee, or chief administrator of the public school academy, as

 

applicable, except that a superintendent or chief administrator

 

shall be evaluated by the board or board of directors.

 

     (b) For the annual year-end evaluation for the 2013-2014

 

school year, at least 25% of the annual year-end evaluation shall

 

be based on student growth and assessment data. For the annual

 

year-end evaluation for the 2014-2015 school year, at least 40% of

 

the annual year-end evaluation shall be based on student growth and

 

assessment data. Beginning with the annual year-end evaluation for

 

the 2015-2016 school year, at At least [50%    ] of the annual year-

 

end evaluation shall be based on student growth and assessment

 

data. The student growth and assessment data to be used for the

 

school administrator annual year-end evaluation are the aggregate

 

student growth and assessment data that are used in teacher annual

 

year-end evaluations in each school in which the school

 

administrator works as an administrator or, for a central-office

 

level school administrator, for the entire school district or

 

intermediate school district.

 

     (c) The portion of the annual year-end evaluation that is not

 

based on student growth and assessment data shall be based on at

 


least the following for each school in which the school

 

administrator works as an administrator or, for a central-office

 

level school administrator, for the entire school district or

 

intermediate school district:

 

     (i) If the school administrator conducts teacher performance

 

evaluations, the school administrator's training and proficiency in

 

using the evaluation tool for teachers described in subsection

 

(2)(d), including a random sampling of his or her teacher

 

performance evaluations to assess the quality of the school

 

administrator's input in the teacher performance evaluation system.

 

If the school administrator designates another person to conduct

 

teacher performance evaluations, the evaluation of the school

 

administrator on this factor shall be based on the designee's

 

training and proficiency in using the evaluation tool for teachers

 

described in subsection (2)(d), including a random sampling of the

 

designee's teacher performance evaluations to assess the quality of

 

the designee's input in the teacher performance evaluation system,

 

with the designee's performance to be counted as if it were the

 

school administrator personally conducting the teacher performance

 

evaluations.

 

     (ii) The progress made by the school or school district in

 

meeting the goals set forth in the school's school improvement plan

 

or the school district's school improvement plans.

 

     (iii) Pupil attendance in the school or school district.

 

     (iv) Student, parent, and teacher feedback, and other

 

information considered pertinent by the superintendent or other

 

school administrator conducting the performance evaluation or the

 


board or board of directors.

 

     (d) For the purposes of conducting performance evaluations

 

under the performance evaluation system, the school district,

 

intermediate school district, or public school academy shall adopt

 

and implement the state evaluation tool for school administrators

 

described in this subsection that is required under legislation

 

enacted by the legislature under subsection (6) after review of the

 

recommendations contained in the report of the governor's council

 

on former Michigan council for educator effectiveness. submitted

 

under subsection (5). However, if a school district, intermediate

 

school district, or public school academy has a local evaluation

 

tool for school administrators described in this subsection that is

 

consistent with the state evaluation tool, the school district,

 

intermediate school district, or public school academy may conduct

 

performance evaluations for school administrators using that local

 

evaluation tool.

 

     (e) The performance evaluation system shall assign an

 

effectiveness rating to each school administrator described in this

 

subsection of highly effective, effective, minimally effective, or

 

ineffective, based on his or her score on the evaluation tool

 

described in subdivision (d).

 

     (f) The performance evaluation system shall ensure that if a

 

school administrator described in this subsection is rated as

 

minimally effective or ineffective, the person or persons

 

conducting the evaluation shall develop and require the school

 

administrator to implement an improvement plan to correct the

 

deficiencies. The improvement plan shall recommend professional

 


development opportunities and other measures designed to improve

 

the rating of the school administrator on his or her next annual

 

year-end evaluation.

 

     (g) The performance evaluation system shall provide that, if a

 

school administrator described in this subsection is rated as

 

ineffective on 3 consecutive annual year-end evaluations, the

 

school district, public school academy, or intermediate school

 

district shall dismiss the school administrator from his or her

 

employment. However, this subdivision applies only if the 3

 

consecutive annual year-end evaluations are conducted using the

 

same evaluation tool and under the same performance evaluation

 

system. This subdivision does not affect the ability of a school

 

district, intermediate school district, or public school academy to

 

dismiss an ineffective school administrator from his or her

 

employment regardless of whether the school administrator is rated

 

as ineffective on 3 consecutive annual year-end evaluations.

 

     (h) The performance evaluation system shall provide that, if a

 

school administrator is rated as highly effective on 3 consecutive

 

annual year-end evaluations, the school district, intermediate

 

school district, or public school academy may choose to conduct a

 

year-end evaluation biennially instead of annually. However, if a

 

school administrator is not rated as highly effective on 1 of these

 

biennial year-end evaluations, the school administrator shall again

 

be provided with annual year-end evaluations.

 

     (4) The governor's council on educator effectiveness is

 

created as a temporary commission described in section 4 of article

 

V of the state constitution of 1963. All of the following apply to

 


the governor's council on educator effectiveness:

 

     (a) The governor's council on educator effectiveness shall

 

consist of the following 5 voting members:

 

     (i) The governor shall appoint 3 members.

 

     (ii) The senate majority leader shall appoint 1 member.

 

     (iii) The speaker of the house of representatives shall appoint

 

1 member.

 

     (b) In addition to the members appointed under subdivision

 

(a), the superintendent of public instruction or his or her

 

designee shall serve as a nonvoting member.

 

     (c) The members appointed under subdivision (a), and the

 

designee of the superintendent of public instruction if he or she

 

appoints a designee, shall have expertise in 1 or more of the

 

following areas: psychometrics, measurement, performance-based

 

educator evaluation models, educator effectiveness, or development

 

of educator evaluation frameworks in other states.

 

     (d) Not later than October 31, 2011, the governor's council on

 

educator effectiveness shall contract with 1 or more additional

 

experts in the areas described in subdivision (c) as the council

 

considers necessary.

 

     (e) The governor shall appoint an advisory committee for the

 

governor's council on educator effectiveness to provide input on

 

the council's recommendations. The advisory committee shall consist

 

of public school teachers, public school administrators, and

 

parents of public school pupils.

 

     (f) The governor's office shall provide staffing and support

 

for the governor's council on educator effectiveness.

 


     (5) Not later than April 30, 2012, the governor's council on

 

educator effectiveness shall submit to the state board, the

 

governor, and the legislature a report that identifies and

 

recommends all of the following for the purposes of this section

 

and that includes recommendations on evaluation processes and other

 

matters related to the purposes of this section:

 

     (a) A student growth and assessment tool. The student growth

 

and assessment tool shall meet all of the following:

 

     (i) Is a value-added model that takes into account student

 

achievement and assessment data, and is based on an assessment tool

 

that has been determined to be reliable and valid for the purposes

 

of measuring value-added data.

 

     (ii) In addition to measuring student growth in the core

 

subject areas of mathematics, science, English language arts, and

 

social science, will measure student growth in other subject areas.

 

     (iii) Complies with all current state and federal law for

 

students with a disability.

 

     (iv) Has at least a pre- and post-test.

 

     (v) Is able to be used for pupils of all achievement levels.

 

     (b) A state evaluation tool for teachers. All of the following

 

apply to this recommendation:

 

     (i) In addition to the student growth and assessment tool, the

 

recommended state evaluation tool for teachers may include, but is

 

not limited to, instructional leadership abilities, teacher and

 

pupil attendance, professional contributions, training, progress

 

report achievement, school improvement plan progress, peer input,

 

and pupil and parent feedback.

 


     (ii) The council shall ensure that the recommended state

 

evaluation tool for teachers will allow all special education

 

teachers to be rated.

 

     (iii) The council shall seek input from school districts,

 

intermediate school districts, and public school academies that

 

have already developed and implemented successful, effective

 

performance evaluation systems.

 

     (c) A state evaluation tool for school administrators

 

described in subsection (3). In addition to the student growth and

 

assessment tool, the recommended state evaluation tool for these

 

school administrators may include, but is not limited to, teacher

 

and pupil attendance, graduation rates, professional contributions,

 

training, progress report achievement, school improvement plan

 

progress, peer input, and pupil and parent feedback.

 

     (d) For the purposes of the recommended state evaluation tools

 

for teachers and school administrators under subdivisions (b) and

 

(c), recommended parameters for the effectiveness rating categories

 

for teachers under subsection (2)(e) and for school administrators

 

under subsection (3)(e).

 

     (e) Recommended changes to be made in the requirements for a

 

professional education teaching certificate that will ensure that a

 

teacher is not required to complete additional postsecondary credit

 

hours beyond the credit hours required for a provisional teaching

 

certificate.

 

     (f) A process for evaluating and approving local evaluation

 

tools for teachers under subsection (2)(d) and school

 

administrators under subsection (3)(d).

 


     (4) (6) It is the intent of the legislature to review the

 

report submitted by the governor's council on former Michigan

 

council for educator effectiveness under subsection (5) and to

 

enact appropriate legislation to put into place a statewide

 

performance evaluation system taking into consideration the

 

recommendations contained in the report.

 

     (5) (7) If all of the following apply for a public school

 

operated by a school district, intermediate school district, or

 

public school academy, then the school district, intermediate

 

school district, or public school academy is not required to comply

 

with subsection (2) or (3) for that public school:

 

     (a) As of the effective date of this subsection, July 19,

 

2011, the school district, intermediate school district, or public

 

school academy has had already implemented and is currently using a

 

performance evaluation system for that public school that meets all

 

of the following requirements:

 

     (i) Under the system, the most significant portion of a

 

teacher's or school administrator's evaluation is based on student

 

growth and assessment data, which may include value-added measures.

 

     (ii) The system uses research-based measures to determine

 

student growth. , which For 2014-2015, for grades and subjects in

 

which state assessments are administered in compliance with 20 USC

 

6311, student growth must be measured, at least in part, using the

 

state assessments, and for grades and subjects in which state

 

assessments are not required and administered for purposes of 20

 

USC 6311, student growth must be measured, at least in part, using

 

alternative assessments that are rigorous and comparable across

 


schools within the school district, intermediate school district,

 

or public school academy. Student growth also may be measured by

 

standards-based, nationally normed assessments and other objective

 

criteria which may include other national or local assessments.

 

     (iii) The system determines professional competence through

 

multiple direct observations of classroom practices and

 

professional practices throughout the school year.

 

     (iv) Under the system, teacher effectiveness and ratings, as

 

measured by student achievement and growth data, are factored into

 

teacher retention, promotion, and termination decisions.

 

     (v) Under the system, teacher and school administrator

 

performance evaluation results are used to inform teacher

 

professional development for the succeeding year.

 

     (vi) The system ensures that teachers and school administrators

 

are evaluated at least annually.

 

     (b) The school district, intermediate school district, or

 

public school academy notifies notified the former governor's

 

council on educator effectiveness by November 1, 2011 that it is

 

exempt under this subsection from the requirements of subsections

 

(2) and (3).

 

     (c) The school district, intermediate school district, or

 

public school academy posts a description of its evaluation system

 

on its website.

 

     (6) (8) If, after the effective date of this subsection, July

 

19, 2011, a school district, intermediate school district, or

 

public school academy begins operating a new public school, or

 

implements a new performance evaluation system for a public school

 


it operates, and all of the following apply, then the school

 

district, intermediate school district, or public school academy is

 

not required to comply with subsection (2) or (3) for that public

 

school:

 

     (a) The performance evaluation system adopted and implemented

 

for that public school replicates and is identical to the

 

performance evaluation system of a public school that is exempt

 

under subsection (7).(5).

 

     (b) The school district, intermediate school district, or

 

public school academy posts a description of the performance

 

evaluation system on its website.

 

     (7) (9) If a collective bargaining agreement is in effect for

 

teachers or school administrators of a school district, public

 

school academy, or intermediate school district as of the effective

 

date of the 2011 amendatory act that amended this subsection, July

 

19, 2011, and if that collective bargaining agreement prevents

 

compliance with subsection (1), then subsection (1) does not apply

 

to that school district, public school academy, or intermediate

 

school district until after the expiration of that collective

 

bargaining agreement.

 

     (10) A school district, intermediate school district, or

 

public school academy shall continue to conduct the evaluations for

 

school principals that are currently required by the department

 

through the 2010-2011 school year. At the end of the 2010-2011

 

school year, a school district, intermediate school district, or

 

public school academy shall report the most recently completed or

 

determined "effectiveness label" from that evaluation for each

 


principal who is in place for 2010-2011, in a form and manner

 

prescribed by the department.