SB-0103, As Passed House, October 15, 2015

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 103

 

 

(as amended October 15, 2015)

 

 

 

 

 

 

 

 

 

     [A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending sections 1249 and 1249a (MCL 380.1249 and 380.1249a),

 

section 1249 as amended by 2014 PA 257 and section 1249a as added

 

by 2011 PA 102, and by adding sections 1249b, 1531j, and 1531k.]

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1249. (1) Subject to subsection (7), (4), with the

 

involvement of teachers and school administrators, the board of a

 

school district or intermediate school district or board of

 

directors of a public school academy shall adopt and implement for

 

all teachers and school administrators a rigorous, transparent, and

 

fair performance evaluation system that does all of the following:

 

     (a) Evaluates the teacher's or school administrator's job

 

performance at least annually while providing timely and


constructive feedback.

 

     (b) Establishes clear approaches to measuring student growth

 

and provides teachers and school administrators with relevant data

 

on student growth.

 

     (c) Evaluates a teacher's or school administrator's job

 

performance, using multiple rating categories that take into

 

account data on student growth as a significant factor. For 2014-

 

2015, for grades and subjects in which state assessments are

 

administered in compliance with 20 USC 6311, student growth must be

 

measured, at least in part, using the state assessments, and for

 

grades and subjects in which state assessments are not required and

 

administered for purposes of 20 USC 6311, student and assessment

 

data. Student growth must be measured , at least in part, using

 

multiple measures that may include student learning objectives,

 

achievement of individualized education program goals, nationally

 

normed or locally developed assessments that are aligned to state

 

standards, research-based growth measures, or alternative

 

assessments that are rigorous and comparable across schools within

 

the school district, intermediate school district, or public school

 

academy. If the performance evaluation system implemented by a

 

school district, intermediate school district, or public school

 

academy under this section 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 not later than September 19, 2011 to ensure that

 

it rates teachers as highly effective, effective, minimally

 


effective, or ineffective.

 

     (d) Uses the evaluations, at a minimum, to inform decisions

 

regarding all of the following:

 

     (i) The effectiveness of teachers and school administrators,

 

ensuring that they are given ample opportunities for improvement.

 

     (ii) Promotion, retention, and development of teachers and

 

school administrators, including providing relevant coaching,

 

instruction support, or professional development.

 

     (iii) Whether to grant tenure or full certification, or both,

 

to teachers and school administrators using rigorous standards and

 

streamlined, transparent, and fair procedures.

 

     (iv) Removing ineffective tenured and untenured teachers and

 

school administrators after they have had ample opportunities to

 

improve, and ensuring that these decisions are made using rigorous

 

standards and streamlined, transparent, and fair procedures.

 

     (2) Beginning with the 2015-2016 school year, the The board of

 

a school district or intermediate school district or board of

 

directors of a public school academy shall ensure that the

 

performance evaluation system for teachers meets all of the

 

following:

 

     (a) The performance evaluation system shall include at least

 

an annual year-end evaluation for all teachers. An Beginning with

 

the 2015-2016 school year, an annual year-end evaluation shall meet

 

all of the following:

 

     (i) At least 50% For the 2015-2016, 2016-2017, and 2017-2018

 

school years, 25% of the annual year-end evaluation shall be based

 

on student growth and assessment data. All student growth and

 


assessment data shall be measured using the student growth

 

assessment tool that is required under legislation enacted by the

 

legislature after review of the recommendations contained in the

 

report of the former Michigan council for educator

 

effectiveness.Beginning with the 2018-2019 school year, 40% of the

 

annual year-end evaluation shall be based on student growth and

 

assessment data.

 

     (ii) Beginning with the 2018-2019 school year, for core

 

content areas in grades and subjects in which state assessments are

 

administered, 50% of student growth must be measured using the

 

state assessments, and the portion of student growth not measured

 

using state assessments must be measured using multiple research-

 

based growth measures or alternative assessments that are rigorous

 

and comparable across schools within the school district,

 

intermediate school district, or public school academy. Student

 

growth also may be measured by student learning objectives or

 

nationally normed or locally adopted assessments that are aligned

 

to state standards, or based on achievement of individualized

 

education program goals.

 

     (iii) Beginning with the 2016-2017 school year, the portion of

 

a teacher's annual year-end evaluation that is not based on student

 

growth and assessment data, as described under subparagraph (i),

 

shall be based primarily on a teacher's performance as measured by

 

the evaluation tool developed or adopted by the school district,

 

intermediate school district, or public school academy under

 

subdivision (f).

 

     (iv) The portion of a teacher's evaluation that is not

 


measured using student growth and assessment data, as described

 

under subparagraph (i), or using the evaluation tool developed or

 

adopted by the school district, intermediate school district, or

 

public school academy, as described under subparagraph (iii), shall

 

incorporate criteria enumerated in section 1248(1)(b)(i) to (iii)

 

that are not otherwise evaluated under subparagraph (i) or (iii).

 

     (b) (ii) If there are student growth and assessment data

 

available for a teacher for at least 3 school years, the annual

 

year-end evaluation shall be based on the student growth and

 

assessment data for the most recent 3-consecutive-school-year

 

period. If there are not student growth and assessment data

 

available for a teacher for at least 3 school years, the annual

 

year-end evaluation shall be based on all student growth and

 

assessment data that are available for the teacher.

 

     (c) (iii) The annual year-end evaluation shall include

 

specific performance goals that will assist in improving

 

effectiveness for the next school year and are developed by the

 

school administrator or his or her designee conducting the

 

evaluation, in consultation with the teacher, and any recommended

 

training identified by the school administrator or designee, in

 

consultation with the teacher, that would assist the teacher in

 

meeting these goals. For a teacher described in subdivision (b),

 

(d), the school administrator or designee shall develop, in

 

consultation with the teacher, an individualized development plan

 

that includes these goals and training and is designed to assist

 

the teacher to improve his or her effectiveness.

 

     (d) (b) The performance evaluation system shall include a

 


midyear progress report for a teacher who is in the first year of

 

the probationary period prescribed by section 1 of article II of

 

1937 (Ex Sess) PA 4, MCL 38.81, or who received a rating of

 

minimally effective or ineffective in his or her most recent annual

 

year-end evaluation. The midyear progress report shall be used as a

 

supplemental tool to gauge a teacher's improvement from the

 

preceding school year and to assist a teacher to improve. All of

 

the following apply to the midyear progress report:

 

     (i) The midyear progress report shall be based at least in

 

part on student achievement.

 

     (ii) The midyear progress report shall be aligned with the

 

teacher's individualized development plan under subdivision

 

(a)(iii).(c).

 

     (iii) The midyear progress report shall include specific

 

performance goals for the remainder of the school year that are

 

developed by the school administrator conducting the annual year-

 

end evaluation or his or her designee and any recommended training

 

identified by the school administrator or designee that would

 

assist the teacher in meeting these goals. At the midyear progress

 

report, the school administrator or designee shall develop, in

 

consultation with the teacher, a written improvement plan that

 

includes these goals and training and is designed to assist the

 

teacher to improve his or her rating.

 

     (iv) The midyear progress report shall not take the place of

 

an annual year-end evaluation.

 

     (e) (c) The performance evaluation system shall include

 

classroom observations to assist in the performance evaluations.

 


All of the following apply to these classroom observations:

 

     (i) Except as provided in this subdivision, the manner in

 

which a classroom observation is conducted shall be prescribed in

 

the evaluation tool for teachers described in subdivision (d).

 

     (i) (ii) A classroom observation shall include a review of the

 

teacher's lesson plan and the state curriculum standard being used

 

in the lesson and a review of pupil engagement in the lesson.

 

     (ii) (iii) A classroom observation does not have to be for an

 

entire class period.

 

     (iii) (iv) Unless a teacher has received a rating of effective

 

or highly effective on his or her 2 most recent annual year-end

 

evaluations, there shall be multiple at least 2 classroom

 

observations of the teacher each school year. Beginning with the

 

2016-2017 school year, at least 1 observation must be unscheduled.

 

     (iv) Beginning with the 2016-2017 school year, the school

 

administrator responsible for the teacher's performance evaluation

 

shall conduct at least 1 of the observations. Other observations

 

may be conducted by other observers who are trained in the use of

 

the evaluation tool that is used under subdivision (f). These other

 

observers may be teacher leaders.

 

     (v) Beginning with the 2016-2017 school year, a school

 

district, intermediate school district, or public school academy

 

shall ensure that, within 30 days after each observation, the

 

teacher is provided with feedback from the observation.

 

     (f) (d) For the purposes of conducting annual year-end

 

evaluations under the performance evaluation system, the school

 

district, intermediate school district, or public school academy

 


shall adopt and implement the state evaluation tool for teachers

 

that is required under legislation enacted by the legislature after

 

review of the recommendations contained in the report of the former

 

Michigan council for educator effectiveness. However, if a school

 

district, intermediate school district, or public school academy

 

has a local evaluation tool for teachers that is consistent with

 

the state evaluation tool, the school district, intermediate school

 

district, or public school academy may conduct annual year-end

 

evaluations for teachers using that local evaluation tool.by the

 

beginning of the 2016-2017 school year, the school district,

 

intermediate school district, or public school academy shall adopt

 

and implement 1 or more of the evaluation tools for teachers that

 

are included on the list under subsection (5). However, if a school

 

district, intermediate school district, or public school academy

 

has 1 or more local evaluation tools for teachers or modifications

 

of an evaluation tool on the list under subsection (5), and the

 

school district, intermediate school district, or public school

 

academy complies with subsection (3), the school district,

 

intermediate school district, or public school academy may conduct

 

annual year-end evaluations for teachers using 1 or more local

 

evaluation tools or modifications. The evaluation tools shall be

 

used consistently among the schools operated by a school district,

 

intermediate school district, or public school academy so that all

 

similarly situated teachers are evaluated using the same evaluation

 

tool.

 

     (g) (e) The performance evaluation system shall assign an

 

effectiveness rating to each teacher of highly effective,

 


effective, minimally effective, or ineffective, based on his or her

 

score on the annual year-end evaluation described in this

 

subsection.

 

     (h) (f) As part of the performance evaluation system, and in

 

addition to the requirements of section 1526, a school district,

 

intermediate school district, or public school academy is

 

encouraged to assign a mentor or coach to each teacher who is

 

described in subdivision (b).(d).

 

     (i) (g) The performance evaluation system may allow for

 

exemption of student growth data for a particular pupil for a

 

school year upon the recommendation of the school administrator

 

conducting the annual year-end evaluation or his or her designee

 

and approval of the school district superintendent or his or her

 

designee, intermediate superintendent or his or her designee, or

 

chief administrator of the public school academy, as applicable.

 

     (j) (h) The performance evaluation system shall provide that,

 

if a teacher is rated as ineffective on 3 consecutive annual year-

 

end evaluations, the school district, public school academy, or

 

intermediate school district shall dismiss the teacher from his or

 

her employment. This subdivision does not affect the ability of a

 

school district, intermediate school district, or public school

 

academy to dismiss an ineffective a teacher from his or her

 

employment regardless of whether the teacher is rated as

 

ineffective on 3 consecutive annual year-end evaluations.

 

     (k) (i) The performance evaluation system shall provide that,

 

if a teacher is rated as highly effective on 3 consecutive annual

 

year-end evaluations, the school district, intermediate school

 


district, or public school academy may choose to conduct a year-end

 

evaluation biennially instead of annually. However, if a teacher is

 

not rated as highly effective on 1 of these biennial year-end

 

evaluations, the teacher shall again be provided with annual year-

 

end evaluations.

 

     (l) (j) The performance evaluation system shall provide that,

 

if a teacher who is not in a probationary period prescribed by

 

section 1 of article II of 1937 (Ex Sess) PA 4, MCL 38.81, is rated

 

as ineffective on an annual year-end evaluation, the teacher may

 

request a review of the evaluation and the rating by the school

 

district superintendent, intermediate superintendent, or chief

 

administrator of the public school academy, as applicable. The

 

request for a review must be submitted in writing within 20 days

 

after the teacher is informed of the rating. Upon receipt of the

 

request, the school district superintendent, intermediate

 

superintendent, or chief administrator of the public school

 

academy, as applicable, shall review the evaluation and rating and

 

may make any modifications as appropriate based on his or her

 

review. However, the performance evaluation system shall not allow

 

for a review as described in this subdivision more than twice in a

 

3-school-year period.

 

     (m) Beginning with the 2016-2017 school year, the school

 

district, intermediate school district, or public school academy

 

shall provide training to teachers on the evaluation tool or tools

 

used by the school district, intermediate school district, or

 

public school academy in its performance evaluation system and on

 

how each evaluation tool is used. This training may be provided by

 


a school district, intermediate school district, or public school

 

academy, or by a consortium consisting of 2 or more of these.

 

     (n) Beginning with the 2016-2017 school year, a school

 

district, intermediate school district, or public school academy

 

shall ensure that training is provided to all evaluators and

 

observers. The training shall be provided by an individual who has

 

expertise in the evaluation tool or tools used by the school

 

district, intermediate school district, or public school academy,

 

which may include either a consultant on that evaluation tool or

 

framework or an individual who has been trained to train others in

 

the use of the evaluation tool or tools. This subdivision does not

 

prohibit a school district, intermediate school district, public

 

school academy, or consortium consisting of 2 or more of these,

 

from providing the training in the use of the evaluation tool or

 

tools if the trainer has expertise in the evaluation tool or tools.

 

     (3) Beginning with the 2015-2016 school year, the board of a

 

school district or intermediate school district or board of

 

directors of a public school academy shall ensure that the

 

performance evaluation system for building-level school

 

administrators and for central office-level school administrators

 

who are regularly involved in instructional matters meets all of

 

the following:

 

     (a) The performance evaluation system shall include at least

 

an annual year-end evaluation for all school administrators

 

described in this subsection by the school district superintendent

 

or his or her designee, intermediate superintendent or his or her

 

designee, or chief administrator of the public school academy, as

 


applicable, except that a superintendent or chief administrator

 

shall be evaluated by the board or board of directors.

 

     (b) At least 50% of the annual year-end evaluation shall be

 

based on student growth and assessment data. The student growth and

 

assessment data to be used for the school administrator annual

 

year-end evaluation are the aggregate student growth and assessment

 

data that are used in teacher annual year-end evaluations in each

 

school in which the school administrator works as an administrator

 

or, for a central-office level school administrator, for the entire

 

school district or intermediate school district.

 

     (c) The portion of the annual year-end evaluation that is not

 

based on student growth and assessment data shall be based on at

 

least the following for each school in which the school

 

administrator works as an administrator or, for a central-office

 

level school administrator, for the entire school district or

 

intermediate school district:

 

     (i) If the school administrator conducts teacher performance

 

evaluations, the school administrator's training and proficiency in

 

using the evaluation tool for teachers described in subsection

 

(2)(d), including a random sampling of his or her teacher

 

performance evaluations to assess the quality of the school

 

administrator's input in the teacher performance evaluation system.

 

If the school administrator designates another person to conduct

 

teacher performance evaluations, the evaluation of the school

 

administrator on this factor shall be based on the designee's

 

training and proficiency in using the evaluation tool for teachers

 

described in subsection (2)(d), including a random sampling of the

 


designee's teacher performance evaluations to assess the quality of

 

the designee's input in the teacher performance evaluation system,

 

with the designee's performance to be counted as if it were the

 

school administrator personally conducting the teacher performance

 

evaluations.

 

     (ii) The progress made by the school or school district in

 

meeting the goals set forth in the school's school improvement plan

 

or the school district's school improvement plans.

 

     (iii) Pupil attendance in the school or school district.

 

     (iv) Student, parent, and teacher feedback, and other

 

information considered pertinent by the superintendent or other

 

school administrator conducting the performance evaluation or the

 

board or board of directors.

 

     (d) For the purposes of conducting performance evaluations

 

under the performance evaluation system, the school district,

 

intermediate school district, or public school academy shall adopt

 

and implement the state evaluation tool for school administrators

 

described in this subsection that is required under legislation

 

enacted by the legislature after review of the recommendations

 

contained in the report of the former Michigan council for educator

 

effectiveness. However, if a school district, intermediate school

 

district, or public school academy has a local evaluation tool for

 

school administrators described in this subsection that is

 

consistent with the state evaluation tool, the school district,

 

intermediate school district, or public school academy may conduct

 

performance evaluations for school administrators using that local

 

evaluation tool.

 


     (e) The performance evaluation system shall assign an

 

effectiveness rating to each school administrator described in this

 

subsection of highly effective, effective, minimally effective, or

 

ineffective, based on his or her score on the evaluation tool

 

described in subdivision (d).

 

     (f) The performance evaluation system shall ensure that if a

 

school administrator described in this subsection is rated as

 

minimally effective or ineffective, the person or persons

 

conducting the evaluation shall develop and require the school

 

administrator to implement an improvement plan to correct the

 

deficiencies. The improvement plan shall recommend professional

 

development opportunities and other measures designed to improve

 

the rating of the school administrator on his or her next annual

 

year-end evaluation.

 

     (g) The performance evaluation system shall provide that, if a

 

school administrator described in this subsection is rated as

 

ineffective on 3 consecutive annual year-end evaluations, the

 

school district, public school academy, or intermediate school

 

district shall dismiss the school administrator from his or her

 

employment. However, this subdivision applies only if the 3

 

consecutive annual year-end evaluations are conducted using the

 

same evaluation tool and under the same performance evaluation

 

system. This subdivision does not affect the ability of a school

 

district, intermediate school district, or public school academy to

 

dismiss an ineffective school administrator from his or her

 

employment regardless of whether the school administrator is rated

 

as ineffective on 3 consecutive annual year-end evaluations.

 


     (h) The performance evaluation system shall provide that, if a

 

school administrator is rated as highly effective on 3 consecutive

 

annual year-end evaluations, the school district, intermediate

 

school district, or public school academy may choose to conduct a

 

year-end evaluation biennially instead of annually. However, if a

 

school administrator is not rated as highly effective on 1 of these

 

biennial year-end evaluations, the school administrator shall again

 

be provided with annual year-end evaluations.

 

     (4) It is the intent of the legislature to review the report

 

submitted by the former Michigan council for educator effectiveness

 

and to enact appropriate legislation to put into place a statewide

 

performance evaluation system taking into consideration the

 

recommendations contained in the report.

 

     (5) If all of the following apply for a public school operated

 

by a school district, intermediate school district, or public

 

school academy, then the school district, intermediate school

 

district, or public school academy is not required to comply with

 

subsection (2) or (3) for that public school:

 

     (a) As of July 19, 2011, the school district, intermediate

 

school district, or public school academy had already implemented

 

and is currently using a performance evaluation system for that

 

public school that meets all of the following requirements:

 

     (i) Under the system, the most significant portion of a

 

teacher's or school administrator's evaluation is based on student

 

growth and assessment data, which may include value-added measures.

 

     (ii) The system uses research-based measures to determine

 

student growth. For 2014-2015, for grades and subjects in which

 


state assessments are administered in compliance with 20 USC 6311,

 

student growth must be measured, at least in part, using the state

 

assessments, and for grades and subjects in which state assessments

 

are not required and administered for purposes of 20 USC 6311,

 

student growth must be measured, at least in part, using

 

alternative assessments that are rigorous and comparable across

 

schools within the school district, intermediate school district,

 

or public school academy. Student growth also may be measured by

 

standards-based, nationally normed assessments and other objective

 

criteria which may include other national or local assessments.

 

     (iii) The system determines professional competence through

 

multiple direct observations of classroom practices and

 

professional practices throughout the school year.

 

     (iv) Under the system, teacher effectiveness and ratings, as

 

measured by student achievement and growth data, are factored into

 

teacher retention, promotion, and termination decisions.

 

     (v) Under the system, teacher and school administrator

 

performance evaluation results are used to inform teacher

 

professional development for the succeeding year.

 

     (vi) The system ensures that teachers and school

 

administrators are evaluated at least annually.

 

     (b) The school district, intermediate school district, or

 

public school academy notified the former governor's council on

 

educator effectiveness by November 1, 2011 that it is exempt under

 

this subsection from the requirements of subsections (2) and (3).

 

     (c) The school district, intermediate school district, or

 

public school academy posts a description of its evaluation system

 


on its website.

 

     (6) If, after July 19, 2011, a school district, intermediate

 

school district, or public school academy begins operating a new

 

public school, or implements a new performance evaluation system

 

for a public school it operates, and all of the following apply,

 

then the school district, intermediate school district, or public

 

school academy is not required to comply with subsection (2) or (3)

 

for that public school:

 

     (a) The performance evaluation system adopted and implemented

 

for that public school replicates and is identical to the

 

performance evaluation system of a public school that is exempt

 

under subsection (5).

 

     (b) The school district, intermediate school district, or

 

public school academy posts a description of the performance

 

evaluation system on its website.

 

     (3) Beginning with the 2016-2017 school year, a school

 

district, intermediate school district, or public school academy

 

shall post on its public website all of the following information

 

about the evaluation tool or tools it uses for its performance

 

evaluation system for teachers:

 

     (a) The research base for the evaluation framework,

 

instrument, and process or, if the school district, intermediate

 

school district, or public school academy adapts or modifies an

 

evaluation tool from the list under subsection (5), the research

 

base for the listed evaluation tool and an assurance that the

 

adaptations or modifications do not compromise the validity of that

 

research base.

 


     (b) The identity and qualifications of the author or authors

 

or, if the school district, intermediate school district, or public

 

school academy adapts or modifies an evaluation tool from the list

 

under subsection (5), the identity and qualifications of a person

 

with expertise in teacher evaluations who has reviewed the adapted

 

or modified evaluation tool.

 

     (c) Either evidence of reliability, validity, and efficacy or

 

a plan for developing that evidence or, if the school district,

 

intermediate school district, or public school academy adapts or

 

modifies an evaluation tool from the list under subsection (5), an

 

assurance that the adaptations or modifications do not compromise

 

the reliability, validity, or efficacy of the evaluation tool or

 

the evaluation process.

 

     (d) The evaluation frameworks and rubrics with detailed

 

descriptors for each performance level on key summative indicators.

 

     (e) A description of the processes for conducting classroom

 

observations, collecting evidence, conducting evaluation

 

conferences, developing performance ratings, and developing

 

performance improvement plans.

 

     (f) A description of the plan for providing evaluators and

 

observers with training.

 

     (4) (7) If a collective bargaining agreement is was in effect

 

for teachers or school administrators of a school district, public

 

school academy, or intermediate school district as of July 19,

 

2011, if that same collective bargaining agreement is still in

 

effect as of the effective date of the amendatory act that added

 

section 1531j, and if that collective bargaining agreement prevents

 


Senate Bill No. 103 as amended October 15, 2015

compliance with subsection (1), then subsection (1) does not apply

 

to that school district, public school academy, or intermediate

 

school district until after the expiration of that collective

 

bargaining agreement.

 

     (5) The department shall establish and maintain a list of

 

teacher evaluation tools that have demonstrated evidence of

 

efficacy and that may be used for the purposes of this section.

 

That list initially shall include at least the evaluation models

 

recommended in the final recommendations released by the Michigan

 

council on educator effectiveness in July 2013. The list shall

 

include a statement indicating that school districts, intermediate

 

school districts, and public school academies are not limited to

 

only using the evaluation tools that are included on the list. A

 

school district, intermediate school district, or public school

 

academy is not required to use an evaluation tool for teacher

 

evaluations that is the same as it uses for school administrator

 

evaluations or that has the same author or authors as the

 

evaluation tool it uses for school administrator evaluations. The

 

department shall promulgate rules establishing standards and

 

procedures for adding an evaluation tool to or removing an

 

evaluation tool from the list. These rules shall include a process

 

for a school district, intermediate school district, or public

 

school academy to submit its own evaluation tool for review for

 

placement on the list.

[(6) The training required under subsection (2) shall be paid for from the funds available in the educator evaluation reserve fund created under section 95a of the state school aid act, MCL 388.1695a.

     (7)] This section does not affect the operation or

 

applicability of section 1248.

 

     Sec. 1249a. (1) Beginning with the 2018-2019 school year,

 


subject to subsection (2), a school district, intermediate school

 

district, or public school academy shall not assign a pupil to be

 

taught in the same subject area for 2 consecutive years by a

 

teacher who has been rated as ineffective on his or her 2 most

 

recent annual year-end evaluations under section 1249.

 

     (2) Beginning in 2015-2016, with the 2018-2019 school year, if

 

a pupil is assigned to be taught by a teacher who has been rated as

 

ineffective on his or her 2 most recent annual year-end evaluations

 

under section 1249, school district, intermediate school district,

 

or public school academy is unable to comply with subsection (1)

 

and plans to assign a pupil to be taught in the same subject area

 

for 2 consecutive years by a teacher who has been rated as

 

ineffective on his or her 2 most recent annual year-end evaluations

 

under section 1249, the board of the school district or

 

intermediate school district or board of directors of the public

 

school academy in which the pupil is enrolled shall notify the

 

pupil's parent or legal guardian that the board or board of

 

directors is unable to comply with subsection (1) and that the

 

pupil has been assigned to be taught in the same subject area for a

 

second consecutive year by a teacher who has been rated as

 

ineffective on his or her 2 most recent annual year-end

 

evaluations. The notification shall be in writing, shall be

 

delivered to the parent or legal guardian not later than July 15

 

immediately preceding the beginning of the school year for which

 

the pupil is assigned to the teacher, and shall identify the

 

teacher who is the subject of the notification. include an

 

explanation of why the board or board of directors is unable to

 


comply with subsection (1).

 

     Sec. 1249b. (1) The board of a school district or intermediate

 

school district or board of directors of a public school academy

 

shall ensure that the performance evaluation system for building-

 

level school administrators and for central-office-level school

 

administrators who are regularly involved in instructional matters

 

meets all of the following:

 

     (a) The performance evaluation system shall include at least

 

an annual evaluation for all school administrators described in

 

this subsection by the school district superintendent or his or her

 

designee, intermediate superintendent or his or her designee, or

 

chief administrator of the public school academy, as applicable.

 

However, a superintendent or chief administrator shall be evaluated

 

by the board or board of directors or, if the superintendent or

 

chief administrator is not employed directly by the board or board

 

of directors, by the designee of the board or board of directors.

 

     (b) For the 2015-2016, 2016-2017, and 2017-2018 school years,

 

25% of the annual evaluation shall be based on student growth and

 

assessment data. Beginning with the 2018-2019 school year, 40% of

 

the annual evaluation shall be based on student growth and

 

assessment data. The student growth and assessment data to be used

 

for the school administrator annual evaluation are the aggregate

 

student growth and assessment data that are used in teacher annual

 

year-end evaluations in each school in which the school

 

administrator works as an administrator or, for a central-office-

 

level school administrator, for the entire school district or

 

intermediate school district.

 


     (c) For the purposes of conducting annual evaluations under

 

the performance evaluation system, the school district,

 

intermediate school district, or public school academy shall

 

develop or adopt and implement an evaluation tool for school

 

administrators. The portion of a school administrator's annual

 

evaluation that is not based on student growth shall be based

 

primarily on the school administrator's performance as measured by

 

this evaluation tool.

 

     (d) The portion of the annual evaluation that is not based on

 

student growth and assessment data as provided under subdivision

 

(b) or on an evaluation tool as provided under subdivision (c)

 

shall be based on at least the following for each school in which

 

the school administrator works as an administrator or, for a

 

central-office-level school administrator, for the entire school

 

district or intermediate school district:

 

     (i) If the school administrator conducts teacher performance

 

evaluations, the school administrator's proficiency in using the

 

evaluation tool for teachers used by the school district,

 

intermediate school district, or public school academy under

 

section 1249. If the school administrator designates another person

 

to conduct teacher performance evaluations, the evaluation of the

 

school administrator on this factor shall be based on the

 

designee's proficiency in using the evaluation tool for teachers

 

used by the school district, intermediate school district, or

 

public school academy under section 1249, with the designee's

 

performance to be counted as if it were the school administrator

 

personally conducting the teacher performance evaluations.

 


     (ii) The progress made by the school or school district in

 

meeting the goals set forth in the school's school improvement plan

 

or the school district's school improvement plans.

 

     (iii) Pupil attendance in the school or school district.

 

     (iv) Student, parent, and teacher feedback, as available, and

 

other information considered pertinent by the superintendent or

 

other school administrator conducting the performance evaluation or

 

the board or board of directors.

 

     (e) For the purposes of conducting annual evaluations under

 

the performance evaluation system, by the beginning of the 2016-

 

2017 school year, the school district, intermediate school

 

district, or public school academy shall adopt and implement 1 or

 

more of the evaluation tools for school administrators that are

 

included on the list under subsection (3). However, if a school

 

district, intermediate school district, or public school academy

 

has 1 or more local evaluation tools for school administrators or

 

modifications of an evaluation tool on the list under subsection

 

(3), and the school district, intermediate school district, or

 

public school academy complies with subsection (2), the school

 

district, intermediate school district, or public school academy

 

may conduct annual year-end evaluations for school administrators

 

using 1 or more local evaluation tools or modifications.

 

     (f) The evaluation tool and other measures used by the school

 

district, intermediate school district, or public school academy in

 

its performance evaluation system for school administrators shall

 

be used consistently across the schools operated by a school

 

district, intermediate school district, or public school academy so

 


that all similarly situated school administrators are evaluated

 

using the same measures.

 

     (g) The performance evaluation system shall assign an

 

effectiveness rating to each school administrator described in this

 

subsection of highly effective, effective, minimally effective, or

 

ineffective.

 

     (h) The performance evaluation system shall ensure that if a

 

school administrator described in this subsection is rated as

 

minimally effective or ineffective, the person or persons

 

conducting the evaluation shall develop and require the school

 

administrator to implement an improvement plan to correct the

 

deficiencies. The improvement plan shall recommend professional

 

development opportunities and other actions designed to improve the

 

rating of the school administrator on his or her next annual

 

evaluation.

 

     (i) The performance evaluation system shall provide that, if a

 

school administrator described in this subsection is rated as

 

ineffective on 3 consecutive annual evaluations, the school

 

district, public school academy, or intermediate school district

 

shall dismiss the school administrator from his or her employment.

 

This subdivision does not affect the ability of a school district,

 

intermediate school district, or public school academy to dismiss a

 

school administrator from his or her employment regardless of

 

whether the school administrator is rated as ineffective on 3

 

consecutive annual evaluations.

 

     (j) The performance evaluation system shall provide that, if a

 

school administrator is rated as highly effective on 3 consecutive

 


annual evaluations, the school district, intermediate school

 

district, or public school academy may choose to conduct an

 

evaluation biennially instead of annually. However, if a school

 

administrator is not rated as highly effective on 1 of these

 

biennial evaluations, the school administrator shall again be

 

provided with annual evaluations.

 

     (k) The school district, intermediate school district, or

 

public school academy shall provide training to school

 

administrators on the measures used by the school district,

 

intermediate school district, or public school academy in its

 

performance evaluation system for school administrators and on how

 

each of the measures is used. This training may be provided by a

 

school district, intermediate school district, or public school

 

academy, or by a consortium consisting of 2 or more of these.

 

     (l) Beginning with the 2016-2017 school year, a school

 

district, intermediate school district, or public school academy

 

shall ensure that training is provided to all evaluators and

 

observers. The training shall be provided by an individual who has

 

expertise in the evaluation tool or tools used by the school

 

district, intermediate school district, or public school academy,

 

which may include either a consultant on that evaluation tool or

 

framework or an individual who has been trained to train others in

 

the use of the evaluation tool or tools. This subdivision does not

 

prohibit a school district, intermediate school district, public

 

school academy, or consortium consisting of 2 or more of these,

 

from providing the training in the use of the evaluation tool or

 

tools if the trainer has expertise in the evaluation tool or tools.

 


     (2) Beginning with the 2016-2017 school year, a school

 

district, intermediate school district, or public school academy

 

shall post on its public website all of the following information

 

about the measures it uses for its performance evaluation system

 

for school administrators:

 

     (a) The research base for the evaluation framework,

 

instrument, and process or, if the school district, intermediate

 

school district, or public school academy adapts or modifies an

 

evaluation tool from the list under subsection (3), the research

 

base for the listed evaluation tool and an assurance that the

 

adaptations or modifications do not compromise the validity of that

 

research base.

 

     (b) The identity and qualifications of the author or authors

 

or, if the school district, intermediate school district, or public

 

school academy adapts or modifies an evaluation tool from the list

 

under subsection (3), the identity and qualifications of a person

 

with expertise in teacher evaluations who has reviewed the adapted

 

or modified evaluation tool.

 

     (c) Either evidence of reliability, validity, and efficacy or

 

a plan for developing that evidence or, if the school district,

 

intermediate school district, or public school academy adapts or

 

modifies an evaluation tool from the list under subsection (3), an

 

assurance that the adaptations or modifications do not compromise

 

the reliability, validity, or efficacy of the evaluation tool or

 

the evaluation process.

 

     (d) The evaluation frameworks and rubrics, with detailed

 

descriptors for each performance level on key summative indicators.

 


Senate Bill No. 103 as amended October 15, 2015

     (e) A description of the processes for collecting evidence,

 

conducting evaluation conferences, developing performance ratings,

 

and developing performance improvement plans.

 

     (f) A description of the plan for providing evaluators and

 

observers with training.

 

     (3) The department shall establish and maintain a list of

 

school administrator evaluation tools that have demonstrated

 

evidence of efficacy and that may be used for the purposes of this

 

section. That list initially shall include at least the 2

 

evaluation models recommended in the final recommendations released

 

by the Michigan council on educator effectiveness in July 2013. The

 

list shall include a statement indicating that school districts,

 

intermediate school districts, and public school academies are not

 

limited to only using the evaluation tools that are included on the

 

list. A school district, intermediate school district, or public

 

school academy is not required to use an evaluation tool for school

 

administrator evaluations that is the same as it uses for teacher

 

evaluations or that has the same author or authors as the

 

evaluation tool it uses for teacher evaluations. The department

 

shall promulgate rules establishing standards and procedures for

 

adding an evaluation tool to or removing an evaluation tool from

 

the list. These rules shall include a process for a school

 

district, intermediate school district, or public school academy to

 

submit its own evaluation tool for review for placement on the

 

list.

[(4) The training required under subsection (1) shall be paid for from the funds available in the educator evaluation reserve fund created under section 95a of the state school aid act, MCL 388.1695a.]

     Sec. 1531j. Notwithstanding any other provision of this act or

 

a rule to the contrary, beginning July 1, 2018, the superintendent

 


Senate Bill No. 103 as amended October 15, 2015

of public instruction shall not issue an initial professional

 

teaching certificate to an individual unless the individual

 

presents evidence satisfactory to the superintendent of public

 

instruction demonstrating that he or she meets all of the

 

following:

 

     (a) The individual has successfully completed at least 3 full

 

years of classroom teaching.

 

     (b) The individual meets either of the following:

 

     (i) Was rated as either effective or highly effective on his

 

or her annual year-end performance evaluation under section 1249

 

for the 3 consecutive school years immediately preceding his or her

 

application for the professional teaching certificate.

 

     (ii) Was rated as either effective or highly effective on his

 

or her annual year-end performance evaluation under section 1249

 

for at least 3 nonconsecutive school years before his or her

 

application for the professional teaching certificate and submits a

 

recommendation from the chief school administrator of the school at

 

which he or she is currently employed that he or she be issued a

 

professional teaching certificate.

     [Sec. 1531k. Beginning on the effective date of this section, the superintendent of public instruction shall not issue an initial advanced professional education certificate to an individual, or renew an individual's advanced professional education certificate, unless the individual presents evidence satisfactory to the superintendent of public instruction demonstrating that he or she meets all of the following:

     (a) Has been rated as highly effective on his or her annual year-end evaluation under section 1249 for 3 out of the 5 most recent school years.

     (b) Has not been rated ineffective on his or her annual year-end evaluation under section 1249 within the 5 most recent school years.

     (c) Meets additional criteria established by the department.]