HOUSE BILL No. 5707

 

 

March 8, 2018, Introduced by Reps. Miller, Lucido, LaSata, Brann, Pagel, Hornberger, Crawford, Alexander, Hoadley and Chang and referred to the Committee on Education Reform.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending section 1249 (MCL 380.1249), as amended by 2016 PA 170.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1249. (1) Subject to subsection (4), 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 student growth and assessment data. Student growth must be

 

measured using multiple measures that may include student learning

 

objectives, achievement of individualized education program goals,

 

nationally normed or locally developed assessments that are aligned

 

to state standards, research-based growth measures, or 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 not later than September 19, 2011 to ensure that

 

it rates teachers as highly effective, effective, minimally

 

effective, or ineffective.

 

     (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) 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. Beginning with the

 

2015-2016 school year, an annual year-end evaluation shall meet all

 

of the following:

 

     (i) For the 2015-2016, 2016-2017, and 2017-2018 school years,

 

25% Twenty-five percent of the annual year-end evaluation shall be

 

based on student growth and assessment data. Beginning with the

 

2018-2019 school year, 40% of the annual year-end evaluation shall

 

be based on student growth and assessment data.

 

     (ii) Beginning with the 2018-2019 school year, for core

 

content areas in grades and subjects in which state assessments are

 

administered, 50% of student growth must be measured using the

 

state assessments, and the portion of student growth not measured

 

using state assessments must be measured using multiple research-

 

based growth measures or 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 student learning objectives or

 

nationally normed or locally adopted assessments that are aligned

 

to state standards, or based on achievement of individualized

 

education program goals.

 

     (iii) Beginning with the 2016-2017 school year, the portion of

 

a teacher's annual year-end evaluation that is not based on student

 

growth and assessment data, as described under subparagraph (i),

 

shall be based primarily on a teacher's performance as measured by

 

the evaluation tool developed or adopted by the school district,

 

intermediate school district, or public school academy under

 

subdivision (f).

 

     (iv) The portion of a teacher's evaluation that is not

 

measured using student growth and assessment data, as described

 

under subparagraph (i), or using the evaluation tool developed or

 

adopted by the school district, intermediate school district, or

 

public school academy, as described under subparagraph (iii), shall

 

incorporate criteria enumerated in section 1248(1)(b)(i) to (iii)

 

that are not otherwise evaluated under subparagraph (i) or (iii).

 

     (b) 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.

 

     (c) 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 (d), 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.

 

     (d) 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 (c).

 

     (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.

 

     (e) The performance evaluation system shall include classroom

 

observations to assist in the performance evaluations. All of the

 

following apply to these classroom observations:

 

     (i) 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.

 

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

 

class period.

 

     (iii) 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 at least 2 classroom observations of

 

the teacher each school year. Beginning with the 2016-2017 school

 

year, at least 1 observation must be unscheduled.

 

     (iv) Beginning with the 2016-2017 school year, the school

 

administrator responsible for the teacher's performance evaluation

 

shall conduct at least 1 of the observations. Other observations

 

may be conducted by other observers who are trained in the use of


the evaluation tool that is used under subdivision (f). These other

 

observers may be teacher leaders.

 

     (v) Beginning with the 2016-2017 school year, a school

 

district, intermediate school district, or public school academy

 

shall ensure that, within 30 days after each observation, the

 

teacher is provided with feedback from the observation.

 

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

 

under the performance evaluation system, by the beginning of the

 

2016-2017 school year, the school district, intermediate school

 

district, or public school academy shall adopt and implement 1 or

 

more of the evaluation tools for teachers that are included on the

 

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

 

intermediate school district, or public school academy has 1 or

 

more local evaluation tools for teachers or modifications of an

 

evaluation tool on the list under subsection (5), and the school

 

district, intermediate school district, or public school academy

 

complies with subsection (3), the school district, intermediate

 

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

 

end evaluations for teachers using 1 or more local evaluation tools

 

or modifications. The evaluation tools shall be used consistently

 

among the schools operated by a school district, intermediate

 

school district, or public school academy so that all similarly

 

situated teachers are evaluated using the same evaluation tool.

 

     (g) 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.

 

     (h) 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 (d).

 

     (i) 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.

 

     (j) 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 a teacher from his or her employment regardless

 

of whether the teacher is rated as ineffective on 3 consecutive

 

annual year-end evaluations.

 

     (k) 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.

 

     (l) 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.

 

     (m) Beginning with the 2016-2017 school year, the school

 

district, intermediate school district, or public school academy

 

shall provide training to teachers on the evaluation tool or tools

 

used by the school district, intermediate school district, or

 

public school academy in its performance evaluation system and on

 

how each evaluation tool is used. This training may be provided by

 

a school district, intermediate school district, or public school

 

academy, or by a consortium consisting of 2 or more of these.


     (n) Beginning with the 2016-2017 school year, a school

 

district, intermediate school district, or public school academy

 

shall ensure that training is provided to all evaluators and

 

observers. The training shall be provided by an individual who has

 

expertise in the evaluation tool or tools used by the school

 

district, intermediate school district, or public school academy,

 

which may include either a consultant on that evaluation tool or

 

framework or an individual who has been trained to train others in

 

the use of the evaluation tool or tools. This subdivision does not

 

prohibit a school district, intermediate school district, public

 

school academy, or consortium consisting of 2 or more of these,

 

from providing the training in the use of the evaluation tool or

 

tools if the trainer has expertise in the evaluation tool or tools.

 

     (3) Beginning with the 2016-2017 school year, a school

 

district, intermediate school district, or public school academy

 

shall post on its public website all of the following information

 

about the evaluation tool or tools it uses for its performance

 

evaluation system for teachers:

 

     (a) The research base for the evaluation framework,

 

instrument, and process or, if the school district, intermediate

 

school district, or public school academy adapts or modifies an

 

evaluation tool from the list under subsection (5), the research

 

base for the listed evaluation tool and an assurance that the

 

adaptations or modifications do not compromise the validity of that

 

research base.

 

     (b) The identity and qualifications of the author or authors

 

or, if the school district, intermediate school district, or public


school academy adapts or modifies an evaluation tool from the list

 

under subsection (5), the identity and qualifications of a person

 

with expertise in teacher evaluations who has reviewed the adapted

 

or modified evaluation tool.

 

     (c) Either evidence of reliability, validity, and efficacy or

 

a plan for developing that evidence or, if the school district,

 

intermediate school district, or public school academy adapts or

 

modifies an evaluation tool from the list under subsection (5), an

 

assurance that the adaptations or modifications do not compromise

 

the reliability, validity, or efficacy of the evaluation tool or

 

the evaluation process.

 

     (d) The evaluation frameworks and rubrics with detailed

 

descriptors for each performance level on key summative indicators.

 

     (e) A description of the processes for conducting classroom

 

observations, collecting evidence, conducting evaluation

 

conferences, developing performance ratings, and developing

 

performance improvement plans.

 

     (f) A description of the plan for providing evaluators and

 

observers with training.

 

     (4) If a collective bargaining agreement was in effect for

 

teachers or school administrators of a school district, public

 

school academy, or intermediate school district as of July 19,

 

2011, if that same collective bargaining agreement is still in

 

effect as of November 5, 2015, 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.

 

     (5) The department shall establish and maintain a list of

 

teacher evaluation tools that have demonstrated evidence of

 

efficacy and that may be used for the purposes of this section.

 

That list initially shall include at least the evaluation models

 

recommended in the final recommendations released by the Michigan

 

council on educator effectiveness in July 2013. The list shall

 

include a statement indicating that school districts, intermediate

 

school districts, and public school academies are not limited to

 

only using the evaluation tools that are included on the list. A

 

school district, intermediate school district, or public school

 

academy is not required to use an evaluation tool for teacher

 

evaluations that is the same as it uses for school administrator

 

evaluations or that has the same author or authors as the

 

evaluation tool it uses for school administrator evaluations. The

 

department shall promulgate rules establishing standards and

 

procedures for adding an evaluation tool to or removing an

 

evaluation tool from the list. These rules shall include a process

 

for a school district, intermediate school district, or public

 

school academy to submit its own evaluation tool for review for

 

placement on the list.

 

     (6) The training required under subsection (2) shall be paid

 

for from the funds available in the educator evaluation reserve

 

fund created under section 95a of the state school aid act, MCL

 

388.1695a.

 

     (7) This section does not affect the operation or

 

applicability of section 1248.


     (8) As used in this section, "teacher" means an individual who

 

has a valid Michigan teaching certificate or authorization; who is

 

employed, or contracted for, by a school district, intermediate

 

school district, or public school academy; and who is assigned by

 

the school district, intermediate school district, or public school

 

academy to deliver direct instruction to pupils in any of grades K

 

to 12 as a teacher of record.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.