HOUSE BILL No. 4320

 

February 23, 2011, Introduced by Reps. Yonker, Price, Hooker, Haveman, Agema, Rendon, Opsommer, Rogers, MacGregor and Callton and referred to the Committee on Education.

 

     A bill to amend 1937 (Ex Sess) PA 4, entitled

 

"An act relative to continuing tenure of office of certificated

teachers in public educational institutions; to provide for

probationary periods; to regulate discharges or demotions; to

provide for resignations and leaves of absence; to create a state

tenure commission and to prescribe the powers and duties thereof;

and to prescribe penalties for violation of the provisions of this

act,"

 

by amending section 3a of article II and section 3 of article III

 

(MCL 38.83a and 38.93), as added by 1993 PA 59.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

ARTICLE II

 

     Sec. 3a. (1) If a probationary teacher is employed by a school

 

district for at least 1 full school year, the controlling board of

 

the probationary teacher's employing school district shall ensure

 


that the teacher is provided with an individualized development

 

plan developed by appropriate administrative personnel in

 

consultation with the individual teacher and that the teacher is

 

provided with at least an annual year-end performance evaluation

 

each year during the teacher's probationary period. The annual

 

year-end performance evaluation shall be based on, but is not

 

limited to, at least 2 classroom observations held at least 60 days

 

apart, unless a shorter interval between the 2 classroom

 

observations is mutually agreed upon by the teacher and the

 

administration, and shall include at least an assessment of the

 

teacher's progress in meeting the goals of his or her

 

individualized development plan. This subsection section does not

 

prevent a collective bargaining agreement between the controlling

 

board and the teacher's bargaining representative under Act No. 336

 

of the Public Acts of 1947, being sections 423.201 to 423.216 of

 

the Michigan Compiled Laws, 1947 PA 336, MCL 423.201 to 423.217,

 

from providing for more performance evaluations or classroom

 

observations in addition to those required under this subsection.

 

section. Except as specifically stated in this subsection, section,

 

this section does not require a particular method for conducting a

 

performance evaluation or classroom observation or for providing an

 

individualized development plan.

 

     (2) Failure of a school district to comply with subsection (1)

 

with respect to an individual teacher in a particular school year

 

is conclusive evidence that the teacher's performance for that

 

school year was satisfactory.

 

ARTICLE III

 

     Sec. 3. (1) The controlling boa


rd of the school district

 

employing a teacher on continuing tenure shall ensure that the

 

teacher is provided with a performance evaluation at least once

 

every 3 years and, if the teacher has received a less than

 

satisfactory performance evaluation in a comprehensive performance

 

evaluation under section 1249 of the revised school code, 1976 PA

 

451, MCL 380.1249, the school district shall provide the teacher

 

with an individualized development plan developed by appropriate

 

administrative personnel in consultation with the individual

 

teacher and shall evaluate the teacher's performance at least

 

annually until the teacher receives a satisfactory performance

 

evaluation. The performance evaluation under this section shall be

 

based on, but is not limited to, at least 2 classroom observations

 

conducted during the period covered by the evaluation and, if the

 

teacher has an individualized development plan, shall include at

 

least an assessment of the teacher's progress in meeting the goals

 

of his or her individualized development plan. This section does

 

not prevent a collective bargaining agreement between the

 

controlling board and the teacher's bargaining representative under

 

Act No. 336 of the Public Acts of 1947, being sections 423.201 to

 

423.216 of the Michigan Compiled Laws, 1947 PA 336, MCL 423.201 to

 

423.217, from providing for more performance evaluations or

 

classroom observations in addition to those required under this

 

section. Except as specifically stated in this subsection, section,

 

this section does not require a particular method for conducting a

 

performance evaluation or classroom observation or for providing an

 

individualized development plan.

 


     (2) Failure of a school district to comply with subsection (1)

 

with respect to an individual teacher in a particular 3-year period

 

is conclusive evidence that the teacher's performance for that

 

period was satisfactory.