HOUSE BILL No. 6401

 

 

September 26, 2018, Introduced by Rep. Noble and referred to the Committee on Education Reform.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending section 1249b (MCL 380.1249b), as added by 2015 PA 173.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1249b. (1) 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 administrators and for central-office-level school

 

administrators who are regularly involved in instructional matters

 

meets all of the following:

 

     (a) The Subject to subdivision (j), the performance evaluation

 

system shall must 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. However, a superintendent

 

or chief administrator shall be evaluated by the board or board of

 

directors or, if the superintendent or chief administrator is not

 

employed directly by the board or board of directors, by the

 

designee of the board or board of directors.

 

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

 

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

 

based on student growth and assessment data. Beginning with the

 

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

 

on student growth and assessment data. 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 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) For the purposes of conducting annual evaluations under

 

the performance evaluation system, the school district,

 

intermediate school district, or public school academy shall

 

develop or adopt and implement an evaluation tool for school

 

administrators. The portion of a school administrator's annual

 

evaluation that is not based on student growth shall must be based

 

primarily on the school administrator's performance as measured by

 

this evaluation tool.

 

     (d) The portion of the annual evaluation that is not based on


student growth and assessment data as provided under subdivision

 

(b) or on an evaluation tool as provided under subdivision (c)

 

shall must 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 proficiency in using the

 

evaluation tool for teachers used by the school district,

 

intermediate school district, or public school academy under

 

section 1249. If the school administrator designates another person

 

to conduct teacher performance evaluations, the evaluation of the

 

school administrator on this factor shall must be based on the

 

designee's proficiency in using the evaluation tool for teachers

 

used by the school district, intermediate school district, or

 

public school academy under section 1249, 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, as available, and

 

other information considered pertinent by the superintendent or

 

other school administrator conducting the performance evaluation or

 

the board or board of directors.

 

     (e) For the purposes of conducting annual 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 school administrators that are

 

included on the list under subsection (3). However, if a school

 

district, intermediate school district, or public school academy

 

has 1 or more local evaluation tools for school administrators or

 

modifications of an evaluation tool on the list under subsection

 

(3), and the school district, intermediate school district, or

 

public school academy complies with subsection (2), the school

 

district, intermediate school district, or public school academy

 

may conduct annual year-end evaluations for school administrators

 

using 1 or more local evaluation tools or modifications.

 

     (f) The evaluation tool and other measures used by the school

 

district, intermediate school district, or public school academy in

 

its performance evaluation system for school administrators shall

 

must be used consistently across the schools operated by a school

 

district, intermediate school district, or public school academy so

 

that all similarly situated school administrators are evaluated

 

using the same measures.

 

     (g) The performance evaluation system shall must assign an

 

effectiveness rating to each school administrator described in this

 

subsection of highly effective, effective, minimally effective, or

 

ineffective.

 

     (h) The performance evaluation system shall must 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 must recommend

 

professional development opportunities and other actions designed

 

to improve the rating of the school administrator on his or her

 

next annual evaluation.

 

     (i) The performance evaluation system shall must 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,

 

or public school academy shall dismiss the school administrator

 

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 school administrator from his or

 

her employment regardless of whether the school administrator is

 

rated as ineffective on 3 consecutive annual evaluations.

 

     (j) The performance evaluation system shall must 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.

 

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

 

public school academy shall provide training to school

 

administrators on the measures used by the school district,


intermediate school district, or public school academy in its

 

performance evaluation system for school administrators and on how

 

each of the measures 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.

 

     (l) 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 must 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 that 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.

 

     (2) 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 measures it uses for its performance evaluation system

 

for school administrators:

 

     (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 (3), 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 (3), 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 (3), 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 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.

 

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

 

school administrator evaluation tools that have demonstrated

 

evidence of efficacy and that may be used for the purposes of this


section. That list initially shall must include at least the 2

 

evaluation models recommended in the final recommendations released

 

by the Michigan council on educator effectiveness in July 2013. The

 

list shall must 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 school administrator evaluations that is the

 

same as it uses for teacher evaluations or that has the same author

 

or authors as the evaluation tool it uses for teacher 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 must 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.

 

     (4) The training required under subsection (1) shall must be

 

paid for from the funds available in the educator evaluation

 

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

 

of 1979, MCL 388.1695a.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.