January 30, 2014, Introduced by Reps. Lipton, Dillon, Schor, Rutledge, Lamonte, Abed, Kivela, Faris, Dianda, Switalski, Yanez, Brinks, Darany, Geiss, Cochran, Knezek, Brown, Cavanagh, Hovey-Wright, Driskell, Slavens, Hobbs, McCann, Brunner, Smiley, Stallworth, Banks, Tlaib, Greimel, Roberts, Haugh, Durhal, Townsend and Oakes and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1280c (MCL 380.1280c), as amended by 2011 PA 8.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1280c. (1) Beginning in 2010, not later than September 1
of each year, the superintendent of public instruction shall
publish a list identifying the public schools in this state that
the department has determined to be among the lowest achieving 5%
of all public schools in this state, as defined for the purposes of
the federal incentive grant program created under sections 14005
and 14006 of title XIV of the American recovery and reinvestment
act of 2009, Public Law 111-5.
(2)
Except as otherwise provided in subsection (16), the The
department shall establish and maintain a school reform office to
execute the powers and duties assigned to the school reform office
under this section. If a public school is included on the list
under subsection (1), the superintendent of public instruction
shall
issue an order placing each public school that is included on
the
list under subsection (1) the
public school under the
supervision
of the state school reform/redesign officer described
in
subsection (9). Within 90 days after a public school is placed
under
the supervision of the state school reform/redesign officer
under
this section, the school board or board of directors
operating
the public school shall submit a redesign plan to the
state
school reform/redesign officer. For a public school operated
by
a school board, the redesign plan shall be developed with input
from
the local teacher bargaining unit and the local
superintendent.
The redesign plan shall require implementation of 1
of
the 4 school intervention models that are provided for the
lowest
achieving schools under the federal incentive grant program
created
under sections 14005 and 14006 of title XIV of the American
recovery
and reinvestment act of 2009, Public Law 111-5, known as
the
"race to the top" grant program. These models are the
turnaround
model, restart model, school closure, and transformation
model.
The redesign plan shall include an executed addendum to each
applicable
collective bargaining agreement in effect for the public
school
that meets the requirements of subsection (8).school reform
office for the implementation of the transformation process under
this section.
(3)
Within 30 days after receipt of a redesign plan for a
public
school under subsection (2), the state school
reform/redesign
officer shall issue an order approving,
disapproving,
or making changes to the redesign plan. If the order
makes
changes to the redesign plan, the school board or board of
directors
has 30 days after the order to change the redesign plan
to
incorporate those changes into the redesign plan and resubmit it
to
the state school reform/redesign officer for approval or
disapproval.
(4)
The state school reform/redesign officer shall not
disapprove
a redesign plan that includes all of the elements
required
under federal law for the school intervention model
included
in the redesign plan. A school board or board of directors
may
appeal disapproval of a redesign plan on this basis to the
superintendent
of public instruction. The decision of the
superintendent
of public instruction on the appeal is final.
(5)
If the state school reform/redesign officer approves a
redesign
plan under this section, the school board or board of
directors
shall implement the redesign plan for the public school
beginning
with the beginning of the next school year that begins
after
the approval. The school board or board of directors shall
regularly
submit monitoring reports to the state school
reform/redesign
officer on the implementation and results of the
plan
in the form and manner, and according to a schedule, as
determined
by the state school reform/redesign officer.
(6)
The state school reform/redesign school district is
created.
The state school reform/redesign school district is a
school
district for the purposes of section 11 of article IX of the
state
constitution of 1963 and for receiving state school aid under
the
state school aid act of 1979 and is subject to the leadership
and
general supervision of the state board over all public
education
under section 3 of article VIII of the state constitution
of
1963. The state school reform/redesign school district is a body
corporate
and is a governmental agency. Except as otherwise
provided
in subsection (7), if the state school reform/redesign
officer
does not approve the redesign plan, or if the state school
reform/redesign
officer determines that the redesign plan is not
achieving
satisfactory results, the state school reform/redesign
officer
shall issue an order placing the public school in the state
school
reform/redesign school district, imposing for the public
school
implementation of 1 of the 4 school intervention models
described
in subsection (2) beginning with the beginning of the
next
school year, and imposing an addendum to each applicable
collective
bargaining agreement in effect for the public school as
necessary
to implement the school intervention model and that meets
the
requirements of subsection (8). All of the following apply to
the
state school reform/redesign school district:
(a)
The state school reform/redesign school district shall
consist
of schools that are placed in the state school
reform/redesign
school district.
(b)
The state school reform/redesign officer shall act as the
superintendent
of the state school reform/redesign school district.
With
respect to schools placed in the state school reform/redesign
school
district, the state school reform/redesign officer has all
of
the powers and duties described in this section; all of the
provisions
of this act that would otherwise apply to the school
board
that previously operated a school placed in the state school
reform/redesign
school district apply to the state school
reform/redesign
officer with respect to that school, except those
relating
to taxation or borrowing; except as otherwise provided in
this
section, the state school reform/redesign officer may exercise
all
the powers and duties otherwise vested by law in the school
board
that previously operated a school placed in the state school
reform/redesign
school district and in its officers, except those
relating
to taxation or borrowing, and may exercise all additional
powers
and duties provided under this section; and, except as
otherwise
provided in this section, the state school
reform/redesign
officer accedes to all the rights, duties, and
obligations
of the school board with respect to that school. These
powers,
rights, duties, and obligations include, but are not
limited
to, all of the following:
(i) Authority over the expenditure of all funds
attributable to
pupils
at that school, including that portion of proceeds from
bonded
indebtedness and other funds dedicated to capital projects
that
would otherwise be apportioned to that school by the school
board
that previously operated the school according to the terms of
the
bond issue or financing documents.
(ii) Subject to subsection (8), rights and obligations
under
collective
bargaining agreements and employment contracts entered
into
by the school board for employees at the school.
(iii) Rights to prosecute and defend litigation.
(iv) Rights and obligations under statute, rule, and
common
law.
(v) Authority to delegate any of the state school
reform/redesign
officer's powers and duties to 1 or more designees,
with
proper supervision by the state school reform/redesign
officer.
(vi) Power to terminate any contract or portion of a
contract
entered
into by the school board that applies to that school.
However,
this subsection does not allow any termination or
diminishment
of obligations to pay debt service on legally
authorized
bonds and does not allow a collective bargaining
agreement
to be affected except as provided under subsection (8). A
contract
terminated by the state school reform/redesign officer
under
this subsection is void.
(7)
If the state school reform/redesign officer determines
that
better educational results are likely to be achieved by
appointing
a chief executive officer to take control of multiple
public
schools, the state school reform/redesign officer may make a
recommendation
to the superintendent of public instruction for
appointment
of a chief executive officer to take control over those
multiple
schools. If the superintendent of public instruction
appoints
a chief executive officer to take control of multiple
public
schools under this subsection, the chief executive officer
shall
impose for those public schools implementation of 1 of the 4
school
intervention models described in subsection (2) and impose
an
addendum to each applicable collective bargaining agreement in
effect
for those public schools as necessary to implement the
school
intervention model and that meets the requirements of
subsection
(8). With respect to those public schools, the chief
executive
officer has all of the same powers and duties that the
state
school reform/redesign officer has for public schools placed
in
the state school reform/redesign school district under
subsection
(6). The chief executive officer shall regularly submit
monitoring
reports to the state school reform/redesign officer on
the
implementation and results of the intervention model in the
form
and manner, and according to a schedule, as determined by the
state
school reform/redesign officer. The chief executive officer
shall
exercise any other powers or duties over the public schools
as
may be directed by the superintendent of public instruction.
(8)
An addendum to a collective bargaining agreement under
this
section shall provide for any of the following that are
necessary
for the applicable school intervention model to be
implemented
at each affected public school:
(a)
That any contractual or other seniority system that would
otherwise
be applicable shall not apply at the public school. This
subdivision
does not allow unilateral changes in pay scales or
benefits.
(b)
That any contractual or other work rules that are
impediments
to implementing the redesign plan shall not apply at
the
public school. This subdivision does not allow unilateral
changes
in pay scales or benefits.
(c)
That the state school reform/redesign officer shall direct
the
expenditure of all funds attributable to pupils at the public
school
and the principal or other school leader designated by the
state
school reform/redesign officer shall have full autonomy and
control
over curriculum and discretionary spending at the public
school.
(9)
The superintendent of public instruction shall hire a
state
school reform/redesign officer to carry out the functions
under
this section and as otherwise prescribed by law. The state
school
reform/redesign officer shall be chosen solely on the basis
of
his or her competence and experience in educational reform and
redesign.
The state school reform/redesign officer is exempt from
civil
service. The state school reform/redesign officer is
responsible
directly to the superintendent of public instruction to
ensure
that the purposes of this section are carried out, and
accordingly
the position of state school reform/redesign officer
should
be a position within the department that is exempt from the
classified
state civil service. The department shall request that
the
civil service commission establish the position of state school
reform/redesign
officer as a position that is exempt from the
classified
state civil service.
(10)
If the state school reform/redesign officer imposes the
restart
model for a public school in the state school
reform/redesign
school district, or a chief executive officer under
subsection
(7) imposes the restart model for multiple public
schools
under that subsection, all of the following apply:
(a)
The state school reform/redesign officer or chief
executive
officer shall enter into an agreement with an educational
management
organization to manage and operate the public school or
schools.
The state school reform/redesign officer or chief
executive
officer shall provide sufficient oversight to ensure that
the
public school or schools will be operated according to all of
the
requirements for a restart model.
(b)
There shall be considered to be no collective bargaining
agreement
in effect that applies to employees working at the public
school
or schools under this model at the time of imposition of the
model.
(11)
If the state school reform/redesign officer imposes the
turnaround
model for a public school in the state school
reform/redesign
school district, or a chief executive officer under
subsection
(7) imposes the turnaround model for multiple public
schools
under that subsection, all of the following apply:
(a)
A collective bargaining agreement that applies to
employees
working at the public school or schools under this model
at
the time of imposition of the model, and any successor
collective
bargaining agreement, continues to apply with respect to
pay
scales and benefits.
(b)
Subject to any addendum to the collective bargaining
agreement
that applies to the public school or schools, an employee
who
is working at the public school or schools and who was
previously
employed in the same school district that previously
operated
that school shall continue to retain and accrue seniority
rights
in that school district according to the collective
bargaining
agreement that applies to employees of that school
district.
(12)
If more than 9 public schools operated by a school
district
are on the list under subsection (1), the transformation
model
may not be implemented for more than 50% of those schools.
(13)
If the state school reform/redesign officer determines
that
a public school that is subject to the measures under
subsection
(6) or (7) has made significant improvement in pupil
achievement
and should be released from the measures that have been
imposed
under subsection (6) or (7), the state school
reform/redesign
officer may recommend this to the superintendent of
public
instruction. If the superintendent of public instruction
agrees
with the determination and recommendation, the
superintendent
of public instruction may release the public school
from
the measures that have been imposed under subsection (6) or
(7).
(3) Within 60 days after a public school is placed under the
supervision of the school reform office for the implementation of
the transformation process under this section, the school reform
office shall contract with the intermediate school district in
which the public school is located, or with a consortium described
in subsection (9) that includes that intermediate school district,
to complete a comprehensive school audit of the public school. This
comprehensive school audit shall be aligned with the Michigan
school improvement framework and shall include at least all of the
following:
(a) With respect to both the public school and its school
district, an assessment of all of the following and their impact on
pupil achievement:
(i) Curriculum and educational strategies.
(ii) Hiring practices; staffing patterns at both the school
level and school district level; teacher qualifications and
experience; and teacher retention and attrition.
(iii) Staff evaluation and improvement practices and processes,
and professional development practices.
(iv) Parent involvement and relationship with the surrounding
community.
(v) Quality of systems used to collect and use relevant data
to improve instruction and school climate.
(vi) Performance measures that were used and resulted in
inclusion on the list under subsection (1).
(vii) Effect of any school improvement program already in
place.
(viii) Distribution and allocation of resources, including at
least the amount, level, and type of resources allocated to
instruction and whether the resources are allocated to appropriate
areas of instruction.
(ix) Pupil engagement and participation in activities outside
of the classroom.
(x) Socioeconomic and demographic characteristics of the pupil
population, including school preparedness.
(xi) Infrastructure and instructional facilities.
(xii) Safety and security at school and on routes taken by
pupils to and from school.
(xiii) Attendance, truancy, discipline, grade-level retention,
and graduation rates.
(b) With respect to both the public school and its school
district, recommendations for institutional and programmatic
changes that would address deficiencies in each area assessed by
the audit. These recommendations must be drawn from evidence-based
strategies that have been successfully applied in similar schools
in this state or elsewhere.
(4) The governing board of a public school may appeal the
findings and recommendations from a comprehensive school audit
under subsection (3) to the superintendent of public instruction.
Upon receipt of an appeal, the superintendent of public instruction
shall review the audit and the appeal and may make modifications or
order a new audit to be completed. Findings and recommendations may
not be appealed more than once, and there shall not be more than 2
audits for a public school at this stage of the transformation
process. Not later than 120 days after a public school is placed
under the supervision of the school reform office for the
implementation of the transformation process under this section,
the school reform office shall finalize the findings and
recommendations from the audit and appeal process.
(5) Not later than 60 days after the findings and
recommendations from the audit and appeal process under subsections
(3) and (4) are finalized, the school reform office and the
intermediate school district in which the public school is located
shall develop a written plan to implement a transformation program
for the public school for the next school year based on those
findings and recommendations. The school reform office shall
provide technical support and expert advice in the development of
the implementation plan. The school reform office shall ensure that
the implementation plan is developed through a process that
includes participation by at least the governing body, the school
administrators, teachers, other school staff, representatives of
each collective bargaining unit, parents, and community members. If
the public school is a high school, the process shall also include
the participation of pupils of the public school. The intermediate
school district or consortium that conducted the comprehensive
school audit under subsection (3) shall select those stakeholders
to participate in the development of the implementation plan and
shall confirm to the school reform office that all necessary
stakeholders are represented. The implementation plan shall be
designed to carry out the recommendations of the audit and appeal
process under subsections (3) and (4).
(6) If the stakeholders included in the development of an
implementation plan under subsection (5) are unable to develop an
implementation plan within the time frame prescribed under
subsection (5), the school reform office shall impose an
implementation plan for the public school. An implementation plan
imposed by the school reform office under this subsection shall be
limited in scope to those measures that are reasonably necessary to
effect the recommendations from the audit and appeal process under
subsections (3) and (4). The school reform office shall submit the
implementation plan to be imposed by the school reform office to
stakeholders for review and comment before implementing the plan.
(7) Beginning with the next school year after the development
of the implementation plan, the governing body of the public school
shall implement a transformation program for the public school that
includes all of the measures included in the implementation plan
for the public school under subsection (5) or (6), as applicable.
The school reform office shall monitor this process and, if it
determines that the transformation program will not be implemented
on a timely basis, the superintendent of public instruction shall
order the governing body to implement the transformation program.
(8) The school reform office shall continue to monitor the
public school and shall work with the public school and its
governing body to continually ensure the success of the
transformation program implemented under this section. At least
annually, the school reform office shall consult with
representatives of the relevant stakeholder groups to assess the
effectiveness of the transformation program and reassess the
measures included in the implementation plan. The superintendent of
public instruction shall order necessary changes in the
transformation program identified through this process.
(9) An intermediate school district may enter into a
consortium of intermediate school districts for the purpose of
conducting comprehensive school audits under subsection (3). A
consortium formed under this subsection shall work with its
intermediate school districts and other intermediate school
districts and consortia to help develop expertise and resources for
measures under this section.
(10) If a public school in which a transformation program has
been implemented under this section achieves sufficient academic
progress as evidenced by a period of 3 consecutive years in which
the public school is not included on the list under subsection (1),
the superintendent of public instruction shall release the public
school from the school reform office monitoring process under
subsection (8). However, the department and the school reform
office shall continue to make technical support and resources
available to a public school that is released from monitoring to
ensure that the public school is able to sustain its improvement.
(11) A public school that is under the control of the
achievement authority, as defined in section 3 of the state school
aid act of 1979, MCL 388.1603, as of the effective date of this
subsection, is subject to the transformation process under this
section. The governing body that controlled the public school
before it was under the control of the achievement authority is the
governing body that must be included in the transformation process
under this section.
(12)
(14) At least annually, the state school
reform/redesign
officer
department shall submit a report to the standing committees
of the senate and house of representatives having jurisdiction over
education legislation on the progress being made in improving pupil
proficiency due to the measures under this section. The report
shall specifically address public schools that have undergone the
measures under this section and the effectiveness of those measures
in achieving sufficient progress in those public schools.
(13) (15)
As soon as practicable after the
federal department
of education has adopted the final work rules and formula for
identifying the lowest achieving 5% of all public schools in this
state for the purposes of the federal incentive grant program
created under sections 14005 and 14006 of title XIV of the American
recovery and reinvestment act of 2009, Public Law 111-5, known as
the "race to the top" grant program, the department shall post all
of the following on its website:
(a) The federal work rules and formula.
(b) A list of the public schools in this state that have been
identified for these purposes as being among the lowest achieving
5% of all public schools in this state. The department shall update
this list as it considers appropriate.
(16)
If a school that is included on the list under subsection
(1)
is operated by a school district in which an emergency manager
is
in place under the local government and school district fiscal
accountability
act, then the superintendent of public instruction
shall
not issue an order placing the school under the supervision
of
the state school reform/redesign officer.