HOUSE BILL No. 5224

 

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.