May 10, 2011, Introduced by Rep. O'Brien 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 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 or board of directors of a public school academy
shall ensure that the school district, intermediate school
district, or public school academy adopts, implements, maintains,
and complies with a policy for placement of teachers that is 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
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.
(c) The policy shall provide that, if a teacher is unable to
obtain an assignment by mutual consent within the school district,
intermediate school district, or public school academy 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, intermediate school district, or public school academy.
If the teacher obtains an assignment by mutual consent within the
school district, intermediate school district, or public school
academy while placed on unpaid leave, the school district,
intermediate school district, or public school academy 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.
(2) If the performance evaluation system implemented by a
school district, intermediate school district, or public school
academy under section 1249 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 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, intermediate school district, or
public school academy 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, intermediate school district, or public school academy
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) 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, intermediate school
district, or public school academy:
(a) The board of a school district or intermediate school
district or board of directors of a public school academy 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) The board of a school district or intermediate school
district or board of directors of a public school academy shall
ensure that the school district, intermediate school district, or
public school academy 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. For teachers and school administrators,
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.
(c) Length of service shall not be a factor in a personnel
decision described in subdivision (b).
(2) If a collective bargaining agreement is in effect for
employees of a school district, intermediate school district, or
public school academy 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, intermediate school district, or public school academy
until after the expiration of that collective bargaining agreement.
Enacting section 1. This amendatory act shall not take effect
unless all of the following bills of the 96th Legislature are
enacted into law:
(a) Senate Bill No. ____ or House Bill No. 4625(request no.
00145'11 *).
(b) Senate Bill No. ____ or House Bill No. 4626(request no.
02019'11 ***).
(c) Senate Bill No. ____ or House Bill No. 4628(request no.
02178'11 a).