HOUSE BILL No. 4084

 

 

January 25, 2017, Introduced by Reps. Tedder, Leutheuser, Marino, Glenn and Barrett and referred to the Committee on Education Reform.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending section 1531 (MCL 380.1531), as amended by 2015 PA 159.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1531. (1) Except as provided in this act, the

 

superintendent of public instruction shall determine the

 

requirements for and issue all licenses and certificates for

 

teachers, including preprimary teachers, and the requirements for

 

an endorsement of teachers as qualified counselors and an

 

endorsement of teachers for teaching a foreign language in an

 

elementary grade in the public schools of the state.

 

     (2) Except as otherwise provided in this act, the

 

superintendent of public instruction shall only issue a teaching

 


certificate to a person an individual who has passed appropriate

 

examinations as follows:

 

     (a) For a secondary level teaching certificate, has passed

 

both the basic skills professional readiness examination and the

 

appropriate available subject area examination for each subject

 

area in which he or she applies to be certified.

 

     (b) For an elementary level teaching certificate, has passed

 

the basic skills professional readiness examination and, if it is

 

available, the elementary certification examination, and has passed

 

the appropriate available subject area examination for each subject

 

area, if any, in which he or she applies to be certified.

 

     (3) Except as otherwise provided in this act, the

 

superintendent of public instruction shall issue a Michigan

 

teaching certificate to a person an individual holding a

 

certificate from another state or a teaching degree from an out-of-

 

state teacher preparation institution who applies for a Michigan

 

teaching certificate only if the person individual passes

 

appropriate examinations as follows:

 

     (a) For a secondary level teaching certificate, pass both the

 

basic skills professional readiness examination and the appropriate

 

available subject area examination for each subject area in which

 

he or she applies to be certified. The superintendent of public

 

instruction may accept passage of an equivalent examination

 

approved by the superintendent of public instruction to meet 1 or

 

both of these requirements.

 

     (b) For an elementary level teaching certificate, pass the

 

basic skills professional readiness examination and, if it is


available, the elementary certification examination, and pass the

 

appropriate available subject area examination for each subject

 

area, if any, in which he or she applies to be certified. The

 

superintendent of public instruction may accept passage of an

 

equivalent examination approved by the superintendent of public

 

instruction to meet 1 or more of these requirements.

 

     (4) Except as otherwise provided in this act, the

 

superintendent of public instruction shall only issue a teaching

 

certificate to a person an individual who has met the elementary or

 

secondary, as applicable, reading credit requirements established

 

under superintendent of public instruction rule. If a person holds

 

a teaching certificate, then beginning July 1, 2009,

 

notwithstanding any rule to the contrary, the superintendent of

 

public instruction shall not advance the person's certification to

 

professional certification unless the person has successfully

 

completed at least a 3-credit course of study with appropriate

 

field experiences in the diagnosis and remediation of reading

 

disabilities and differentiated instruction. To meet this

 

requirement, the course of study should include the following

 

elements, as determined by the department to be appropriate for the

 

person's certification level and endorsements: interest

 

inventories, English language learning screening, visual and

 

auditory discrimination tools, language expression and processing

 

screening, phonemics, phonics, vocabulary, fluency, comprehension,

 

spelling and writing assessment tools, and instructional

 

strategies. A person may complete the course of study either as

 

part of his or her teacher preparation program or during the first


6 years of his or her employment in classroom teaching.

 

     (5) Not later than January 11, 2002, the superintendent of

 

public instruction, in cooperation with appropriate curriculum

 

specialists and teacher educators, shall revise existing reading

 

standards to recognize reading disorders and to enable teachers to

 

make referrals for instruction and support for pupils with reading

 

disorders.

 

     (6) Subject to subsection (8), if a person an individual

 

holding a teaching certificate from another state applies to the

 

superintendent of public instruction for a Michigan teaching

 

certificate and meets the requirements of this subsection, the

 

superintendent of public instruction shall issue to the person

 

individual a Michigan professional education teaching certificate

 

and applicable endorsements comparable to those the person

 

individual holds in the other state, without requiring the person

 

individual to pass a basic skills professional readiness

 

examination or the applicable subject area examination otherwise

 

required under subsection (2) or (3). To be eligible to receive a

 

Michigan professional education teaching certificate under this

 

subsection, a person an individual shall provide evidence

 

satisfactory to the department that he or she meets all of the

 

following requirements:

 

     (a) Has taught successfully for at least 3 years in a position

 

for which the person's individual's teaching certification from the

 

other state was valid.

 

     (b) Has earned, after his or her initial certification in

 

another state, at least 18 semester credit hours in a planned


course of study at an institution of higher education approved by

 

the superintendent of public instruction or has earned, at any

 

time, a master's or doctoral degree approved by the superintendent

 

of public instruction.

 

     (c) Has met the elementary or secondary, as applicable,

 

reading credit requirement established under superintendent of

 

public instruction rule.

 

     (7) A person An individual who receives a teaching certificate

 

and endorsement or endorsements under subsection (6) is eligible to

 

receive 1 or more additional endorsements comparable to

 

endorsements the person individual holds in another state only if

 

the person individual passes the appropriate subject area

 

examinations required under subsection (2) or (3).

 

     (8) The superintendent of public instruction shall deny a

 

Michigan teaching certificate to a person an individual described

 

in subsection (6) for fraud, material misrepresentation, or

 

concealment in the person's individual's application for a

 

certificate or for a conviction for which a person's an

 

individual's teaching certificate may be revoked under section

 

1535a.

 

     (9) The department, based upon criteria recommended pursuant

 

to under subsection (11), shall provide to approved teacher

 

education institutions guidelines and criteria approved by the

 

superintendent of public instruction for use in the development or

 

selection of a basic skills professional readiness examination and

 

approved guidelines and criteria for use in the development or

 

selection of subject area examinations.


     (10) For the purposes of this section, the superintendent of

 

public instruction, based upon criteria recommended pursuant to

 

under subsection (11), shall develop, select, or develop and select

 

1 or more basic skills professional readiness examinations and

 

subject area examinations. In addition, the superintendent of

 

public instruction, based upon criteria recommended pursuant to

 

under subsection (11), shall approve an elementary certification

 

examination and a reading subject area examination. If the

 

department develops for use under this subsection an examination

 

that had previously been contracted for using a competitive bid

 

process, then the department shall not expend on the development of

 

that examination an amount that exceeds the amount that the

 

department expended on procurement of the most recent

 

competitively-bid version of that examination.

 

     (11) The superintendent of public instruction shall appoint an

 

11-member teacher examination advisory committee comprised composed

 

of representatives of approved teacher education institutions and

 

Michigan education organizations and associations. Not more than

 

1/2 of the members comprising this committee shall be certified

 

teachers. This committee shall recommend criteria to be used by the

 

superintendent of public instruction in the development, selection,

 

or development and selection of 1 or more basic skills professional

 

readiness examinations, and criteria to be used by the

 

superintendent of public instruction in the development, selection,

 

or development and selection of subject area examinations. In

 

addition, the committee shall recommend guidelines for the use and

 

administration of those examinations. The basic skills professional


readiness examinations referred to in this subsection may be

 

developed by the superintendent of public instruction or selected

 

by the superintendent of public instruction from commercially or

 

university developed examinations. In addition, an approved teacher

 

education institution, pursuant to under guidelines and criteria

 

described in subsection (9), may develop an examination at its own

 

expense for approval by the superintendent of public instruction.

 

An approved teacher education institution that develops its own

 

examination is liable for any litigation that results from the use

 

of its examination.

 

     (12) The superintendent of public instruction shall appoint a

 

7-member standing technical advisory council comprised composed of

 

persons individuals who are experts in measurement and assessment.

 

This council shall advise the superintendent of public instruction

 

and the teacher examination committee on the validity, reliability,

 

and other technical standards of the examinations that will be used

 

or are being used and of the administration and use of those

 

examinations.

 

     (13) Not later than November 30 of each year, the

 

superintendent of public instruction shall submit in writing a

 

report on the development or selection and use of the basic skills

 

professional readiness examination, the elementary certification

 

examination, and the subject area examinations to the house and

 

senate education committees. The report shall also contain a

 

financial statement regarding revenue received from the assessment

 

of fees levied pursuant to under subsection (15) and the amount of

 

and any purposes for which that revenue was expended.


     (14) The basic skills professional readiness examination, the

 

elementary certification examination, and the subject area

 

examinations required by this section may be taken at different

 

times during an approved teacher preparation program, but the basic

 

skills professional readiness examination must be passed before a

 

person an individual is enrolled for student teaching and the

 

elementary certification examination and the subject area

 

examinations, as applicable, must be passed before a person an

 

individual is recommended for certification.

 

     (15) The department, or if approved by the superintendent of

 

public instruction, a private testing service, may assess fees for

 

taking the basic skills professional readiness examination,

 

elementary certification examination, and the subject area

 

examinations. The fees, which shall be set by the superintendent of

 

public instruction, shall not exceed the actual cost of the

 

examination and of administering the examination. Fees received by

 

the department shall be expended solely for administrative expenses

 

that it incurs in implementing this section. If the superintendent

 

of public instruction increases a fee charged for an examination

 

under this subsection, at least 1 year before implementing the fee

 

increase, the department shall notify each approved teacher

 

education institution of the amount of the fee increase. An

 

approved teacher education institution shall notify each of its

 

affected students of the timing and amount of such a fee increase.

 

     (16) If a person an individual holding a teaching certificate

 

from another state applies for a Michigan teaching certificate and

 

meets all requirements for the Michigan teaching certificate except


passage of the appropriate examinations under subsection (3), the

 

superintendent of public instruction shall issue a nonrenewable

 

temporary teaching certificate, good for 1 year, to the person.

 

individual. The superintendent of public instruction shall not

 

issue a Michigan teaching certificate to the person individual

 

after expiration of the temporary teaching certificate unless the

 

person individual passes appropriate examinations as described in

 

subsection (3).

 

     (17) As used in this section:

 

     (a) "Basic skills "Professional readiness examination" means

 

an examination developed or selected by the superintendent of

 

public instruction or developed pursuant to under subsection (11)

 

by an approved teacher education institution for the purpose of

 

demonstrating the applicant's knowledge and understanding of basic

 

language and mathematical skills and other skills necessary for the

 

certificate sought, and for determining whether or not an applicant

 

is eligible for a provisional Michigan teaching certificate.

 

     (b) "Elementary certification examination" means a

 

comprehensive examination for elementary certification that has

 

been developed or selected by the superintendent of public

 

instruction for demonstrating the applicant's knowledge and

 

understanding of the core subjects normally taught in elementary

 

classrooms and for determining whether or not an applicant is

 

eligible for an elementary level teaching certificate.

 

     (c) "Subject area examination" means an examination related to

 

a specific area of certification, which examination has been

 

developed or selected by the superintendent of public instruction


for the purpose of demonstrating the applicant's knowledge and

 

understanding of the subject matter and determining whether or not

 

an applicant is eligible for a Michigan teaching certificate.

 

     (18) The superintendent of public instruction shall promulgate

 

rules for the implementation of this section.

 

     (19) Notwithstanding any rule to the contrary, the

 

superintendent of public instruction shall continue to issue state

 

elementary or secondary continuing education certificates pursuant

 

to under R 390.1132(1) of the Michigan administrative code

 

Administrative Code to persons individuals who completed the

 

requirements of that rule by December 31, 1992 and who apply for

 

that certificate not later than March 15, 1994. If the

 

superintendent of public instruction has issued a state elementary

 

or secondary professional education certificate to a person an

 

individual described in this section, the superintendent of public

 

instruction shall consider the person individual to have a state

 

elementary or secondary, as applicable, continuing education

 

certificate.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.