HOUSE BILL No. 5476 January 14, 1998, Introduced by Reps. Cherry, Kelly and Gire and referred to the Committee on Education. A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1531 and 1532 (MCL 380.1531 and 380.1532), as amended by 1995 PA 289. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1531. (1) Except as provided in this act, the state 2 board shall determine the requirements for and issue all licenses 3 and certificates for teachers, including preprimary teachers, and 4 the requirements for an endorsement of teachers as qualified 5 counselors and an endorsement of teachers for teaching a foreign 6 language in an elementary grade in the public schools of the 7 state. 8 (2) Except as otherwise provided in this act, the state 9 board shall only issue a teaching certificate to a person who has 10 passed appropriate examinations as follows: 04770'97 TAV 2 1 (a) For a secondary level teaching certificate, has passed 2 both the basic skills examination and the appropriate available 3 subject area examination for each subject area in which he or she 4 applies to be certified. 5 (b) For an elementary level teaching certificate, has passed 6 the basic skills examination and, if it is available, the elemen- 7 tary certification examination, and has passed the appropriate 8 available subject area examination for each subject area, if any, 9 in which he or she applies to be certified. 10 (3) Except as otherwise provided in this act, the state 11 board shall issue a Michigan teaching certificate to a person 12 holding a certificate from another state or a teaching degree 13 from an out-of-state teacher preparation institution who applies 14 for a Michigan teaching certificate only if the person passes 15 appropriate examinations as follows: 16 (a) For a secondary level teaching certificate, pass both 17 the basic skills examination and the appropriate available 18 subject area examination for each subject area in which he or she 19 applies to be certified. The state board may accept passage of 20 an equivalent examination approved by the state board to meet 1 21 or both of these requirements. 22 (b) For an elementary level teaching certificate, pass the 23 basic skills examination and, if it is available, the elementary 24 certification examination, and pass the appropriate available 25 subject area examination for each subject area, if any, in which 26 he or she applies to be certified. The state board may accept 04770'97 3 1 passage of an equivalent examination approved by the state board 2 to meet 1 or more of these requirements. 3 (4) Subject to subsection (6), if a person holding a teach- 4 ing certificate from another state applies to the state board for 5 a Michigan teaching certificate and meets the requirements of 6 this subsection, the state board shall issue to the person a 7 Michigan professional education teaching certificate and applica- 8 ble endorsements comparable to those the person holds in the 9 other state, without requiring the person to pass a basic skills 10 examination or the applicable subject area examination otherwise 11 required under subsection (2) or (3). To be eligible to receive 12 a Michigan professional education teaching certificate under this 13 subsection, a person shall provide evidence satisfactory to the 14 department that he or she meets all of the following 15 requirements: 16 (a) Has taught successfully for at least 3 years in a posi- 17 tion for which the person's teaching certification from the other 18 state was valid. 19 (b) Has earned, after his or her initial certification in 20 another state, at least 18 semester credit hours in a planned 21 course of study at a state board approved institution of higher 22 education or has earned, at any time, a state board approved 23 master's or doctoral degree. 24 (c) Has met the elementary or secondary, as applicable, 25 reading credit requirement established under state board rule. 26 (5) A person who receives a teaching certificate and 27 endorsement or endorsements under subsection (4) is eligible to 04770'97 4 1 receive 1 or more additional endorsements comparable to 2 endorsements the person holds in another state only if the person 3 passes the appropriate subject area examinations required under 4 subsection (2) or (3). 5 (6) The state board shall deny a Michigan teaching certifi- 6 cate to a person described in subsection (4) for fraud, material 7 misrepresentation, or concealment in the person's application for 8 a certificate or for a conviction for which a person's teaching 9 certificate may be revoked under section 1535a. 10 (7) The department, based upon criteria recommended pursuant 11 to subsection (9), shall provide to state board approved teacher 12 education institutions state board approved guidelines and cri- 13 teria for use in the development or selection of a basic skills 14 examination and approved guidelines and criteria for use in the 15 development or selection of subject area examinations. 16 (8) For the purposes of this section, the state board, based 17 upon criteria recommended pursuant to subsection (9), shall 18 develop, select, or develop and select 1 or more basic skills 19 examinations and subject area examinations. In addition, the 20 state board, based upon criteria recommended pursuant to subsec- 21 tion (9), shall approve an elementary certification examination 22 and a reading subject area examination. 23 (9) The state board shall appoint an 11-member teacher exam- 24 ination advisory committee comprised of representatives of 25 approved teacher education institutions and Michigan education 26 organizations and associations. Not more than 1/2 of the members 27 comprising this committee shall be certified teachers. This 04770'97 5 1 committee shall recommend criteria to be used by the state board 2 in the development, selection, or development and selection of 1 3 or more basic skills examinations, and criteria to be used by the 4 state board in the development, selection, or development and 5 selection of subject area examinations. In addition, the commit- 6 tee shall recommend guidelines for the use and administration of 7 those examinations. The basic skills examinations referred to in 8 this subsection may be developed by the state board or selected 9 by the state board from commercially or university developed 10 examinations. In addition, an approved teacher education insti- 11 tution, pursuant to guidelines and criteria described in subsec- 12 tion (7), may develop an examination at its own expense for 13 approval by the state board. An approved teacher education 14 institution that develops its own examination is liable for any 15 litigation that results from the use of its examination. 16 (10) The state board shall appoint a 7-member standing tech- 17 nical advisory council comprised of persons who are experts in 18 measurement and assessment. This council shall advise the state 19 board and the teacher examination committee on the validity, 20 reliability, and other technical standards of the examinations 21 that will be used or are being used and of the administration and 22 use of those examinations. 23 (11) Not later than November 30 of each year, the state 24 board shall submit in writing a report on the development or 25 selection and use of the basic skills examination, the elementary 26 certification examination, and the subject area examinations to 27 the house and senate education committees. The report shall also 04770'97 6 1 contain a financial statement regarding revenue received from the 2 assessment of fees levied pursuant to subsection (13) and the 3 amount of and any purposes for which that revenue was expended. 4 (12) The basic skills examination, the elementary certifica- 5 tion examination, and the subject area examinations required by 6 this section may be taken at different times during an approved 7 teacher preparation program, but the basic skills examination 8 must be passed before a person is enrolled for student teaching 9 and the elementary certification examination and the subject area 10 examinations, as applicable, must be passed before a person is 11 recommended for certification. 12 (13) The department, or if approved by the state board, a 13 private testing service, may assess fees for taking the basic 14 skills examination, elementary certification examination, and the 15 subject area examinations. The fees, which shall be set by the 16 state board, shall not exceed $50.00 for a basic skills examina- 17 tion or $75.00 for an elementary certification examination or a 18 subject area examination. However, if a subject area examination 19 for vocational education OR OTHER SUBJECT AREA includes a per- 20 formance examination, an additional fee may be assessed for 21 taking the performance examination, not to exceed the actual cost 22 of administering the performance examination. Fees received by 23 the department shall be expended solely for administrative 24 expenses that it incurs in implementing this section. 25 (14) If a person holding a teaching certificate from another 26 state applies for a Michigan teaching certificate and meets all 27 requirements for the Michigan teaching certificate except passage 04770'97 7 1 of the appropriate examinations under subsection (3), the state 2 board shall issue a nonrenewable temporary teaching certificate, 3 good for 1 year, to the person. The state board shall not issue 4 a Michigan teaching certificate to the person after expiration of 5 the temporary teaching certificate unless the person passes 6 appropriate examinations as described in subsection (3). IF THE 7 PERSON TEACHES FOR A SCHOOL YEAR UNDER A TEMPORARY TEACHING CER- 8 TIFICATE UNDER THIS SUBSECTION AND PASSES APPROPRIATE EXAMINA- 9 TIONS UNDER SUBSECTION (3), THE STATE BOARD SHALL CREDIT THAT 10 TEACHING EXPERIENCE AS 1 YEAR OF SUCCESSFUL EXPERIENCE COUNTING 11 TOWARD FURTHER TEACHING CERTIFICATION. 12 (15) As used in this section: 13 (a) "Basic skills examination" means an examination devel- 14 oped or selected by the state board or developed pursuant to sub- 15 section (9) by an approved teacher education institution for the 16 purpose of demonstrating the applicant's knowledge and under- 17 standing of basic language and mathematical skills and other 18 skills necessary for the certificate sought, and for determining 19 whether or not an applicant is eligible for a provisional 20 Michigan teaching certificate. 21 (b) "Elementary certification examination" means a compre- 22 hensive examination for elementary certification that has been 23 developed or selected by the state board for demonstrating the 24 applicant's knowledge and understanding of the core subjects nor- 25 mally taught in elementary classrooms and for determining whether 26 or not an applicant is eligible for an elementary level teaching 27 certificate. 04770'97 8 1 (c) "Subject area examination" means an examination related 2 to a specific area of certification, which examination has been 3 developed or selected by the state board for the purpose of 4 demonstrating the applicant's knowledge and understanding of the 5 subject matter and determining whether or not an applicant is 6 eligible for a Michigan teaching certificate. 7 (16) The state board shall promulgate rules for the imple- 8 mentation of this section. 9 (17) Notwithstanding any rule promulgated by the state board 10 to the contrary, the state board shall continue to issue state 11 elementary or secondary continuing education certificates pursu- 12 ant to R 390.1132(1) of the Michigan administrative code to per- 13 sons who completed the requirements of that rule by December 31, 14 1992 and who apply for that certificate not later than March 15, 15 1994. If the state board has issued a state elementary or sec- 16 ondary professional education certificate to a person described 17 in this section, the state board shall consider the person to 18 have a state elementary or secondary, as applicable, continuing 19 education certificate. 20 Sec. 1532. (1) Before a teaching certificate is valid in 21 this state, the holder shall record the certificate in the office 22 of the intermediate superintendent or of the superintendent of 23 schools of the school district in which the holder expects to 24 teach. 25 (2) Before a teaching certificate is valid in this state, 26 the holder shall make and subscribe the following oath or 27 affirmation: 04770'97 9 1 "I do solemnly swear (or affirm) that I will support the 2 constitution of the United States of America and the constitution 3 of the state of Michigan and that I will faithfully discharge the 4 duties of the office of teacher according to the best of my 5 ability". 6 (3) The oath set forth in subsection (2) shall be signed by 7 the holder of the teaching certificate, notarized, and attached 8 to or superimposed on the teaching certificate. 9 (4) Except as provided in this act, the teaching certificate 10 shall not be nullified except by the state board and for a cause 11 that would have initially justified the withholding of the 12 certificate. 13 (5) Upon the request of a teacher, the state board 14immediatelyshall nullify that teacher's teaching certificate. 15 Upon the request of a teacher, the state boardmaySHALL nul- 16 lify 1 or more endorsements on the teaching certificate, or a 17 grade level certification included in the teaching certificate if 18 the grade level certification has not been used for 10 or more 19 years. A NULLIFICATION BY THE STATE BOARD UNDER THIS SUBSECTION 20 THAT IS APPROVED ON OR BEFORE MARCH 1 OF A CALENDAR YEAR SHALL 21 TAKE EFFECT ON JULY 1 OF THE SAME CALENDAR YEAR. A NULLIFICATION 22 BY THE STATE BOARD UNDER THIS SUBSECTION THAT IS APPROVED AFTER 23 MARCH 1 OF A CALENDAR YEAR SHALL TAKE EFFECT ON JULY 1 OF THE 24 NEXT CALENDAR YEAR. The state board shall not reinstate, reissue, 25 or renew a teaching certificate, endorsement on a teaching cer- 26 tificate, or a grade level certification that has been nullified 27 pursuant to this subsection. 04770'97