SENATE BILL NO. 925
May 19, 2020, Introduced by Senator THEIS and
referred to the Committee on Education and Career Readiness.
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 amended by 2011 PA 101, and by adding section 2a to article III and adding article XI.
the people of the state of michigan enact:
Sec. 3a. The controlling board of a 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 must be based on classroom observations
and shall must include at least an assessment of
the teacher's progress in meeting the goals of his or her individualized
development plan. The controlling board shall determine the format and number
of the classroom observations in consultation with teachers and school administrators.
A performance evaluation shall must be conducted in accordance with
section 1249 of the revised school code, 1976 PA 451, MCL 380.1249.
Sec. 2a. Notwithstanding any provision of this act to the contrary, strict compliance with rules and procedures under section 3 of this article is temporarily suspended to the extent necessary to waive any requirement for assessments or other performance evaluations of teachers, except for teachers on an individualized development plan on March 13, 2020, during the 2019-2020 school year.
Sec. 3. The controlling board of the school district
employing a teacher on continuing tenure shall ensure that the teacher is
provided with an annual year-end performance evaluation in accordance with
section 1249 of the revised school code, 1976 PA 451, MCL 380.1249. If the
teacher has received a rating of ineffective or minimally effective on an
annual year-end performance evaluation, the school district shall provide the
teacher with an individualized development plan developed by appropriate
administrative personnel in consultation with the individual teacher. The
individualized development plan shall must require
the teacher to make progress toward individual development goals within a
specified time period, not to exceed 180 days. The annual year-end performance
evaluation shall must be based on multiple classroom
observations conducted during the period covered by the evaluation and shall must include, in addition to the factors
required under section 1249 of the revised school code, 1976 PA 451, MCL
380.1249, at least an assessment of the teacher's progress in meeting the goals
of his or her individualized development plan. The controlling board shall
determine the format and number of the classroom observations in consultation
with teachers and school administrators.
ARTICLE XI
Sec. 1. (1) Notwithstanding any
provision of this act to the contrary, any teacher who has an individualized
development plan on March 13, 2020 under section 3a of article II or section 3
of article III must be provided an annual year-end performance evaluation as
required under section 1851b(48) of the revised school code, 1976 PA 451, MCL 380.1851b.
(2)
Notwithstanding any provision of this act to the contrary, strict compliance
with rules and procedures under sections 3a and 3b of article II and section 3
of article III is temporarily suspended such that annual year-end performance
evaluations described in section 1851b(48) of the revised school code, 1976 PA
451, MCL 380.1851b, must give no consideration to criteria requiring data or
other information unavailable because a school district, student, teacher, or
administrator acts in conformance with section 1851b of the revised school
code, 1976 PA 451, MCL 380.1851b, section 296a of the state school aid act of
1979, 1979 PA 94, MCL 388.1896a, an executive order, other orders, or response
efforts prompted by a COVID-19 state of emergency or state of disaster.
(3) Notwithstanding any provision of this act to the contrary, strict compliance with rules and procedures under sections 3a and 3b of article II and section 3 of article III is temporarily suspended to the extent necessary to allow a teacher rated as highly effective or effective on his or her annual year-end performance evaluation described in section 1851b(48) of the revised school code, 1976 PA 451, MCL 380.1851b, given the application of subsection (2) and section 1851b(43) of the revised school code, 1976 PA 451, MCL 380.1851b, for the 2019–2020 school year to accrue time toward completing the teacher's probationary period under article II.
(4) Notwithstanding any provision of this act to the contrary, strict compliance with rules and procedures under sections 3a and 3b of article II and section 3 of article III is temporarily suspended so as to allow a teacher rated as highly effective or effective on his or her annual year-end performance evaluation described in section 1851b(48) of the revised school code, 1976 PA 451, MCL 380.1851b, given the application of subsection (2) and section 1851b(43) of the revised school code, 1976 PA 451, MCL 380.1851b, for the 2019–2020 school year to maintain continuing tenure under article III.
(5) Nothing in this section or section 2a of article III prohibits an employing school district from completing an annual year-end performance evaluation for the 2019–2020 school year for a teacher on continuing tenure as described in article III who has not been provided with an individualized development plan. If the school district completes an annual year-end performance evaluation for the 2019–2020 school year for a teacher on continuing tenure who has not been provided with an individualized development plan as described in this subsection, the school district shall comply with subsection (2) and section 1851b(43) and (48) of the revised school code, 1976 PA 451, MCL 380.1851b, with regard to that teacher.
(6) Notwithstanding any provision of this act to the contrary, strict compliance with the rules and procedures under section 3 of article III is temporarily suspended as follows:
(a) Time periods specified for a teacher on continuing tenure to make progress toward individualized development plan goals, as required under section 3 of article III, may be extended to allow the teacher sufficient time to make progress toward goals based on criteria requiring data or other information unavailable because a school district, student, teacher, or administrator acts in conformance with section 1851b of the revised school code, 1976 PA 451, MCL 380.1851b, section 296a of the state school aid act of 1979, 1979 PA 94, MCL 388.1896a, an executive order, other orders, or response efforts prompted by a COVID-19 state of emergency or state of disaster.
(b) An individualized development plan goal based on criteria requiring data or other information that is unavailable because of the COVID-19 crisis, including, but not limited to, data or other information that is unavailable because a school district, student, teacher, or administrator acts in conformance with section 1851b of the revised school code, 1976 PA 451, MCL 380.1851b, section 296a of the state school aid act of 1979, 1979 PA 94, MCL 388.1896a, an executive order, other orders, or response efforts prompted by the COVID-19 state of emergency or state of disaster, may be waived.
(7) For a school district with a collective bargaining agreement, this section and section 2a of article III must be implemented by the school district in a manner consistent with the collective bargaining agreement.
Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 100th Legislature are enacted into law:
(a) Senate Bill No. 873.
(b) Senate Bill No. 875.