February 21, 2019, Introduced by Reps. Alexander, Miller, VanSingel, Pagan, Sabo, Witwer, Elder, Cynthia Johnson, Warren, Camilleri, Shannon, Wozniak, Sowerby, Kuppa and Guerra and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1249 (MCL 380.1249), as amended by 2018 PA 235.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1249. (1) Subject to subsection (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 student growth and assessment data. Student growth must be
measured 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) 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 must include at
least
an annual year-end evaluation for all teachers. Beginning
with
the 2015-2016 school year, an An
annual year-end evaluation
shall
must meet all of the following:
(i) For the 2015-2016, 2016-2017, and 2017-2018
school years,
25%
Twenty-five percent of the annual year-end evaluation shall
must
be based on student growth and
assessment data. 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 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 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 must 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
must incorporate criteria enumerated in section 1248(1)(b)(i) to
(iii) that are not otherwise evaluated under subparagraph (i) or
(iii).
(b) If there are student growth and assessment data available
for a teacher for at least 3 school years, the annual year-end
evaluation
shall must 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
must be based on all student growth and assessment data that are
available for the teacher.
(c)
The annual year-end evaluation shall must 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 (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)
The performance evaluation system shall must 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 must 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 must be
based at least
in part on student achievement.
(ii) The midyear progress report shall must be
aligned with
the teacher's individualized development plan under subdivision
(c).
(iii) The midyear progress report shall must 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 must not
take the place
of an annual year-end evaluation.
(e)
The performance evaluation system shall must include
classroom observations to assist in the performance evaluations.
All of the following apply to these classroom observations:
(i) A classroom observation shall must 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) A classroom observation does not have to be for an entire
class period.
(iii) 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 must be at least 2 classroom observations
of
the teacher each school year. Beginning with the 2016-2017
school
year, at At least 1 observation must be unscheduled.
(iv) Beginning with the 2016-2017 school year, the 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 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) For the purposes of conducting annual year-end 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 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 must 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)
The performance evaluation system shall must 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) 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 (d).
(i) 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)
The performance evaluation system shall must 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, or public school academy 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 a teacher from
his or her employment regardless of whether the teacher is rated as
ineffective on 3 consecutive annual year-end evaluations.
(k)
The performance evaluation system shall must 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) The performance evaluation system shall must 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 must 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 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 A school
district, intermediate school district, or public school academy
shall ensure that training is provided to all evaluators and
observers.
The training shall must 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 2016-2017 school year, a 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) If a collective bargaining agreement was in effect for
teachers
or school administrators of a school district, public
school
academy, or intermediate school
district, or public school
academy as of July 19, 2011, if that same collective bargaining
agreement is still in effect as of November 5, 2015, and if that
collective bargaining agreement prevents compliance with subsection
(1), then subsection (1) does not apply to that school district,
public
school academy, or intermediate
school district, or public
school academy 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 must 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
must 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 must 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 must be
paid for from the funds available in the educator evaluation
reserve fund created under section 95a of the state school aid act
of 1979, MCL 388.1695a.
(7) This section does not affect the operation or
applicability of section 1248.
(8) As used in this section, "teacher" means an individual who
has a valid Michigan teaching certificate or authorization or who
is engaged to teach under section 1233b; who is employed, or
contracted for, by a school district, intermediate school district,
or public school academy; and who is assigned by the school
district, intermediate school district, or public school academy to
deliver direct instruction to pupils in any of grades K to 12 as a
teacher of record.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.