SENATE BILL NO. 1040

July 23, 2020, Introduced by Senators HERTEL, BAYER, POLEHANKI, WOJNO, BRINKS, ALEXANDER, MCCANN, GEISS, MCMORROW, CHANG, BULLOCK, IRWIN, MOSS, MCBROOM, ANANICH and SANTANA 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.

the people of the state of michigan enact:

ARTICLE II

Sec. 3a. (1) The Subject to subsection (2), 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 under this section must be conducted in accordance with section 1249 of the revised school code, 1976 PA 451, MCL 380.1249.

(2) The controlling board of a probationary teacher's employing school district is not required to ensure that the teacher is provided with an annual year-end performance evaluation under this section for the 2020-2021 school year.

ARTICLE III

Sec. 3. (1) The Subject to subsection (2), 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.

(2) The controlling board of the school district employing a teacher on continuing tenure is not required to ensure that the teacher is provided with an annual year-end performance evaluation under this section for the 2020-2021 school year.

Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 1044 of the 100th Legislature is enacted into law.