January 15, 2014, Introduced by Reps. Zemke, O'Brien, Lyons and Rogers and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
(MCL 380.1 to 380.1852) by adding section 1249b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1249b. (1) Beginning with the 2014-2015 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 required under section 1249 for
building-level school 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 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. An annual evaluation
shall meet all of the following:
(i) For the annual evaluation for the 2014-2015, 2015-2016, and
2016-2017 school years, at least 25% of the annual evaluation shall
be based on a student growth and assessment component. Beginning
with the annual evaluation for the 2017-2018 school year, at least
50% of the annual evaluation shall be based on a student growth and
assessment component. The student growth and assessment data to be
used for the school administrator annual evaluation are the
aggregate student growth and assessment data that are used in
teacher annual 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. The student growth and assessment
component shall be based on the factors under section 1249(4)(a)
and (b).
(ii) The portion of the annual evaluation that is not based on
student growth and assessment data shall be based on a practice
component as provided under subsection (2).
(b) 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 both the student growth and assessment
component and the practice component.
(c) 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
evaluation.
(d) The performance evaluation system shall provide that, if a
school administrator described in this subsection is rated as
ineffective on 3 consecutive annual 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
evaluations are conducted using the same evaluation framework 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 evaluations.
(e) The performance evaluation system shall provide that, if a
school administrator is rated as highly effective on 3 consecutive
annual evaluations, the school district, intermediate school
district, or public school academy may choose to conduct an
evaluation biennially instead of annually. However, if a school
administrator is not rated as highly effective on 1 of these
biennial evaluations, the school administrator shall again be
provided with annual evaluations.
(f) For the superintendent of a school district, intermediate
superintendent of an intermediate school district, or chief
executive of a public school academy, the board of the school
district or intermediate school district or board of directors of
the public school academy shall conduct a school administrator
evaluation required under this subsection at least every 2 years.
(2) The practice component of a school administrator's annual
evaluation shall consist of the following:
(a) At least 80% of the practice component shall be based on
the administration of a school administrator evaluation framework.
All of the following apply to a school administrator evaluation
framework:
(i) Subject to subsection (4), a school district, intermediate
school district, or public school academy may use 1 of the
following school administrator evaluation frameworks:
(A) The School Advance Administrator Evaluation Instrument
developed by Reeves and McNeill for the Michigan association of
school administrators.
(B) Reeves Leadership Performance Rubric.
(C) Marzano School Leadership Evaluation.
(ii) The department may designate 1 or more other evaluation
frameworks as an acceptable evaluation framework for use under this
subsection. If the department designates an evaluation framework as
acceptable under this subparagraph, a school district, intermediate
school district, or public school academy may use that evaluation
framework.
(iii) A school district, intermediate school district, or public
school academy may implement and use a locally developed or adopted
evaluation framework that meets all of the requirements under
subsection (3).
(iv) The school district, intermediate school district, or
public school academy shall ensure that the individual, or school
board or board of directors, acting as an evaluator has been
trained by the vendor in the evaluation protocol for the evaluation
framework that is used by the school district, intermediate school
district, or public school academy and has also been trained in
coaching, providing feedback, and rater reliability. The
individual, or school board or board of directors, should receive
retraining in coaching, providing feedback, and rater reliability
at least every 3 years. The school district, intermediate school
district, or public school academy shall also provide information
to school administrators on the evaluation protocol and how it is
used.
(v) The school district, intermediate school district, or
public school academy shall provide copies of all school
administrator evaluation data collected with the evaluation
framework to the department for research purposes to support
continuous improvement of the educator evaluation system.
(b) Not more than 20% of the practice component of the annual
evaluation shall be based on locally adopted factors that are
indicative of a school administrator's practice, which shall
include at least all of 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 system and observation tool for teachers
described in section 1249, 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 system
and observation tool for teachers described in section 1249,
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, as
applicable.
(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.
(3) For a school district, intermediate school district, or
public school academy to use a locally developed or adopted school
administrator evaluation framework, the locally developed or
adopted evaluation framework must meet all of the following:
(a) Include a well-articulated evaluation process for school
administrators, including a description of other performance
indicators that educators will submit.
(b) Contain rubrics that allow for detailed descriptions at
each level of performance for each indicator, including, but not
limited to, managing and evaluating staff, demonstrating progress
toward district goals, demonstrating progress related to the
district school improvement plan, engaging staff in professional
development, communicating with community and parents, knowledge of
curriculum requirements and applications, and overall district
leadership. These rubrics shall provide meaningful descriptions
ensuring that school administrators receive detailed, actionable
feedback from their evaluators, including clear expectations for
administrator behavior. The rubrics must also meet all of the
following:
(i) Rate only 1 behavior per indicator.
(ii) Avoid rating the same behaviors more than once within the
rubric.
(iii) Assure clear distinctions between the levels of
performance.
(c) Include a plan and process for giving feedback, including
remediation plans.
(d) Include a process for training evaluators on all aspects
of the evaluation system, including each piece of the evaluation
framework, other performance indicators, and the evaluation
systems. In order to ensure fidelity, the training plan must
include all of the following:
(i) Framework training.
(ii) Coaching and feedback training.
(iii) Rater reliability training.
(iv) Follow-up training every 3 years in both rater reliability
and coaching and feedback.
(e) Include a process for tracking, managing, and importing
all data and documentation collected for the evaluations, including
observation data for teachers, other information or data, and
student growth data.
(f) Include a process for determining summative ratings for
all relevant measures including evaluation framework data.
(g) Contain a plan to offer additional direct support to new
and struggling school administrators, including, but not limited
to, additional observations, coaching, and mentoring.
(h) Have a system for monitoring the fairness, consistency,
and objectivity of the system within and across local schools,
including specific metrics to be used. At a minimum, the school
district, intermediate school district, or public school academy
shall consider how the distribution of ratings compares with
teacher observation ratings and student growth data.
(i) Be based on a published research base for the evaluation
framework and rubric that includes all of the following:
(i) Empirically based studies of administrative and coaching
practice.
(ii) Practitioner-oriented prescriptions and frameworks for
administrative and coaching practice.
(iii) Descriptions of practice from an identified panel of
experts that includes principals and central office school
administrators working daily with administrators on improving
practice.
(iv) For an evaluation framework adapted from a commercial
evaluation framework, detailed documentation that shows any changes
in performance language for each indicator, justification for the
change, and evidence that the adaptations provide equal or greater
rigor than at least 1 of the 3 evaluation frameworks listed in
subsection (2)(a)(i).
(j) Contain a detailed review and revision plan that includes
an empirically sound study of rater reliability, qualitative review
of feedback from administrators within the system, impact on
professional practice, and pupil performance to assure validity and
reliability of the evaluation framework.
(k) Have at least the same quality and rigor as at least 1 of
the 3 evaluation frameworks listed in subsection (2)(a)(i).
(l) If it is an adapted form of a commercial evaluation
framework, the adaptations do not threaten the validity of the
inferences that are based on the commercial performance evaluation
system.
(m) If the evaluation framework does not have available
documentation about its reliability and validity, there is in place
a plan for gathering relevant data on the evaluation framework's
reliability and validity that will result in submission of evidence
of the evaluation framework's reliability and validity within 3
years. If a school district, intermediate school district, or
public school academy fails to submit evidence sufficient to
demonstrate the reliability and validity of their local evaluation
framework within 3 years, the school district, intermediate school
district, or public school academy may not continue to use the
evaluation framework.
(n) The school district, intermediate school district, or
public school academy posts all of the following on its publicly
accessible website:
(i) A description of its evaluation system and school
administrator evaluation framework.
(ii) Documentation of each of the required elements enumerated
in subdivisions (a) to (m).
(4) The department shall periodically review each of the
school administrator frameworks listed in subsection (2)(a)(i) to
evaluate whether the evaluation framework continues to meet the
requirements of subsection (3) and, if the department determines
that the evaluation framework does not meet those requirements,
shall issue a directive to school districts, intermediate school
districts, and public school academies directing them not to use
that evaluation framework for the purposes of this section. If the
department issues a directive described in this subsection, a
school district, intermediate school district, or public school
academy shall comply with that directive.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. 5223 (request no.
02980'13 *) of the 97th Legislature is enacted into law.