HB-4627, As Passed House, June 9, 2011

SUBSTITUTE FOR

HOUSE BILL NO. 4627

(As amended June 8, 2011)

A bill to amend 1976 PA 451, entitled

"The revised school code,"

(MCL 380.1 to 380.1852) by adding sections 1247 and 1248.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1247. (1) The board of a school district or intermediate

school district that operates more than 1 school building shall

ensure that the school district or intermediate school district

adopts, implements, maintains, and complies with a policy for

placement of teachers [when conducting a reduction in force or a recall

from a reduction in force or in hiring after a reduction in force. This policy shall be] based on mutual consent of the

teacher and the school principal. This policy shall meet all of the

following:

(a) The policy shall ensure that a school principal has the

authority to select teachers for his or her school who have

House Bill No. 4627 (H-3) as amended June 8, 2011

demonstrated effectiveness and who have appropriate qualifications.

(b) The policy shall ensure that the placement of a teacher in

a school is made only with the mutual consent of the teacher and

the school principal.

obtain an assignment by mutual consent within the school district

or intermediate school district within 30 days, the teacher will be

placed on unpaid leave until the teacher is able to obtain an

assignment by mutual consent within the school district or

intermediate school district. If the teacher obtains an assignment

by mutual consent within the school district or intermediate school

district while placed on unpaid leave, the school district or

intermediate school district shall reinstate the teacher's salary

and benefits at the level at which they would have been if the

teacher had not been placed on the unpaid leave.

[(d) The policy shall provide that a teacher who is rated as either effective or highly effective on his or her most recent performance evaluation under section 1249 is exempt from the policy.]

(2) If the performance evaluation system implemented by a

school district or intermediate school district under section 1249

does not already include the rating of teachers as highly

effective, effective, minimally effective, and ineffective, then

the school district or intermediate school district shall revise

the performance evaluation system within 60 days after the

effective date of this section to ensure that it rates teachers as

highly effective, effective, minimally effective, or ineffective.

(3) If a collective bargaining agreement is in effect for

employees of a school district or intermediate school district as

of the effective date of this section and if that collective

bargaining agreement prevents compliance with subsection (1), then

subsection (1) does not apply to that school district or

intermediate school district until after the expiration of that

collective bargaining agreement.

(4) As used in this section, "school principal" means the

chief administrator in charge of the daily operations of a school.

Sec. 1248. (1) For teachers, as defined in section 1 of

article I of 1937 (Ex Sess) PA 4, MCL 38.71, all of the following

apply to policies regarding personnel decisions when conducting a

reduction in force or a recall from a reduction in force or in

hiring after a reduction in force by a school district or

intermediate school district:

(a) Subject to subdivision (c), the board of a school district

or intermediate school district shall not adopt, implement,

maintain, or comply with a policy that provides that length of

service is the primary or determining factor in personnel decisions

when conducting a reduction in force or any other personnel

determination resulting in the elimination of a position or a

recall from a reduction in force or any other personnel

determination resulting in the elimination of a position or in

hiring after a reduction in force or any other personnel

determination resulting in the elimination of a position.

(b) Subject to subdivision (c), the board of a school district

or intermediate school district shall ensure that the school

district or intermediate school district adopts, implements,

maintains, and complies with a policy that provides that all

personnel decisions when conducting a reduction in force or any

other personnel determination resulting in the elimination of a

position or a recall from a reduction in force or any other

personnel determination resulting in the elimination of a position

or in hiring after a reduction in force or any other personnel

determination resulting in the elimination of a position, are based

on effectiveness. Effectiveness shall be measured by the

performance evaluation system under section 1249, and the personnel

decisions shall be made based on the following factors:

(i) Individual performance shall be the majority factor in

making the decision, and shall consist of the following:

(A) Evidence of increased student achievement, which shall be

the predominant factor in assessing an employee's individual

performance.

(B) Demonstrated pedagogical skills, including at least

planning, delivering rigorous content, checking for and building

higher-level understanding, differentiating, and managing a

classroom; and consistent preparation to maximize instructional

time.

(ii) Significant, relevant accomplishments and contributions.

This factor shall be based on whether the individual contributes to

the overall performance of the school by making clear, significant,

relevant contributions above the normal expectations for an

individual in his or her peer group and having demonstrated a

record of exceptional performance.

(iii) Relevant special training. This factor shall be based on

completion of relevant training other than the professional

development or continuing education that is required by the

employer or by state law, and integration of that training into

instruction in a meaningful way.

of service shall not be a factor in a personnel decision described

in subdivision (a) or (b). However, if that personnel decision

involves 2 or more employees and all other factors distinguishing

those employees from each other are equal, then length of service

may be considered as a tiebreaker.

(2) If a collective bargaining agreement is in effect for

employees of a school district or intermediate school district as

of the effective date of this section and if that collective

bargaining agreement prevents compliance with subsection (1), then

subsection (1) does not apply to that school district or

intermediate school district until after the expiration of that

collective bargaining agreement.

Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 96th Legislature are

enacted into law:

(a) House Bill No. 4625.

(b) House Bill No. 4626.