Bill Text: MI HB5056 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Education: teachers; teacher licensing examination; provide for. Amends secs. 1233b, 1531 & 1531i of 1976 PA 451 (MCL 380.1233b et seq.).
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2021-06-22 - Bill Electronically Reproduced 06/17/2021 [HB5056 Detail]
Download: Michigan-2021-HB5056-Introduced.html
HOUSE BILL NO. 5056
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 1233b, 1531, and 1531i (MCL 380.1233b, 380.1531, and 380.1531i), sections 1233b and 1531 as amended by 2018 PA 235 and section 1531i as amended by 2020 PA 316.
the people of the state of michigan enact:
Sec. 1233b. (1) Subject to subsection (2) and except as otherwise provided in subsection (3), the board of a school district or intermediate school district or the board of directors of a public school academy may engage a full-time or part-time noncertificated, nonendorsed teacher to teach a course in computer science, a foreign language, mathematics, biology, chemistry, engineering, physics, robotics, or in another subject area determined by the state board to be appropriate to be included under this section and so designated by the state board, or any combination of these subject areas, in grades 9 through to 12, or in an industrial technology education program or a career and technical education program.
(2) Subject to subsections (3) and (6), a noncertificated, nonendorsed teacher is qualified to teach under this section if he or she meets at least 1 of the following minimum requirements:
(a) All of the following:
(i) Possesses an earned bachelor's degree from an accredited postsecondary institution.
(ii) Has a major or a graduate degree in the field of specialization in which he or she will teach.
(iii) If Until August 31, 2022, if the teacher desires to teach for more than 1 year, has passed a subject area examination, if a subject area examination exists, in the field of specialization in which he or she will teach. Beginning September 1, 2022, if the teacher desires to teach for more than 1 year, has passed the nationally adopted teacher licensing examination approved under section 1531. As used in this subparagraph, "nationally adopted teacher licensing examination" means that term as defined in section 1531.
(iv) Except in the case of individuals engaged to teach a foreign language, has, in the 5-year period immediately preceding the date of hire, not less than 2 years of occupational experience in the field of specialization in which he or she will teach.
(b) For teaching a course in an industrial technology education program or a career and technical education program, is engaged to teach in a subject matter or field in which the teacher has achieved expertise, as determined by the board of a school district or intermediate school district or board of directors of a public school academy, and satisfies all of the following:
(i) Has a high school diploma or a high school equivalency certificate as that term is defined in section 4 of the state school aid act of 1979, MCL 388.1604.
(ii) For teaching in a subject matter or field in which a professional license or certification is required, at least 1 of the following:
(A) Holds a professional license or certification in that same subject matter or field.
(B) Previously held a professional license or certification in that same subject matter or field that expired no more than 2 years before the noncertificated, nonendorsed teacher's initial employment under this section and was in good standing immediately before the license or certification expired.
(iii) Has at least 2 cumulative years of professional experience in that same subject matter or field in the immediately preceding 10 years.
(3) The requirements listed in subsection (2) for a teacher engaged to teach under this section shall be are in addition to any other requirements established by the board of a school district or intermediate school district or board of directors of a public school academy, as applicable.
(4) Except as otherwise provided in subsection (5), the board of a school district or intermediate school district or board of directors of a public school academy shall not engage a full-time or part-time noncertificated, nonendorsed teacher to teach a course described in subsection (1) if the district or public school academy is able to engage a certificated, endorsed teacher.
(5) Subject to subsection (6), if the board of a school district or intermediate school district or board of directors of a public school academy is able to engage a certificated, endorsed teacher to teach a course described in subsection (1), the board or board of directors may employ or continue to employ a noncertificated, nonendorsed teacher to teach the course if the noncertificated, nonendorsed teacher meets at least 1 of the following:
(a) Both of the following:
(i) The noncertificated, nonendorsed teacher is annually and continually enrolled and completing credit in an approved teacher preparation program leading to a provisional standard teaching certificate.
(ii) The noncertificated, nonendorsed teacher has a planned program leading to teacher certification on file with the employing school district or intermediate school district or public school academy, his or her teacher preparation institution, and the department.
(b) Is engaged to teach in an industrial technology education program or a career and technical education program and meets the requirements under subsection (2)(b).
(6) The board of a school district or intermediate school district or board of directors of a public school academy may employ a noncertificated, nonendorsed teacher who meets the requirements of subsection (2)(b) to teach in an industrial technology education program or a career and technical education program for up to 10 years. The superintendent of public instruction may permit the board or board of directors to employ the teacher for more than 10 years.
(7) If the noncertificated, nonendorsed teacher completes 3 years of successful classroom teaching, as determined by regular observation and review by school district, intermediate school district, or public school academy personnel and teacher preparation institution personnel, the department and a teacher preparation institution shall utilize the teaching experience of a noncertificated, nonendorsed teacher for the purpose of waiving student teaching as a condition for receiving a continued employment authorization in the school district, intermediate school district, or public school academy and a provisional standard teaching certificate.
(8) An individual engaged to teach under this section is subject to the requirements of sections 1526 and 1527.
Sec. 1531. (1) Except as provided in this act, the superintendent of public instruction shall determine the requirements for and issue all licenses and certificates for teachers, including preprimary teachers, and the requirements for an endorsement of teachers as qualified counselors and an endorsement of teachers for teaching a foreign language in an elementary grade in the public schools of the this state.
(2) Except as otherwise provided in this act, the superintendent of public instruction shall only issue a teaching certificate to an individual who has passed appropriate examinations as follows:
(a) For Except as otherwise provided in this subdivision, for a secondary level teaching certificate, has passed the appropriate available subject area examination for each subject area in which he or she applies to be certified. This subdivision does not apply after August 31, 2022.
(b) For Except as otherwise provided in this subdivision, for an elementary level teaching certificate, has passed, if it is available, the elementary certification examination, and has passed the appropriate available subject area examination for each subject area, if any, in which he or she applies to be certified. This subdivision does not apply after August 31, 2022.
(c) Beginning September 1, 2022, for an elementary level teaching certificate or secondary level teaching certificate, has passed the nationally adopted teacher licensing examination approved under this section.
(3) Except as otherwise provided in this act, the superintendent of public instruction shall issue a Michigan teaching certificate to an individual holding a certificate from another state or a teaching degree from an out-of-state teacher preparation institution who applies for a Michigan teaching certificate only if the individual passes appropriate examinations as follows:
(a) For Except as otherwise provided in this subdivision, for a secondary level teaching certificate, pass the appropriate available subject area examination for each subject area in which he or she applies to be certified. The superintendent of public instruction may accept passage of an equivalent examination approved by the superintendent of public instruction to meet this requirement. This subdivision does not apply after August 31, 2022.
(b) For Except as otherwise provided in this subdivision, for an elementary level teaching certificate, pass, if it is available, the elementary certification examination, and pass the appropriate available subject area examination for each subject area, if any, in which he or she applies to be certified. The superintendent of public instruction may accept passage of an equivalent examination approved by the superintendent of public instruction to meet 1 or both of these requirements. This subdivision does not apply after August 31, 2022.
(c) Beginning September 1, 2022, for an elementary level teaching certificate or secondary level teaching certificate, has passed the nationally adopted teacher licensing examination approved under this section.
(4) Except as otherwise provided in this act, the superintendent of public instruction shall only issue a teaching certificate to an individual who has met the elementary or secondary, as applicable, reading credit requirements established under superintendent of public instruction rule. If an individual holds a teaching certificate, then beginning July 1, 2009, notwithstanding any rule to the contrary, the superintendent of public instruction shall not advance the individual's certification to professional certification unless the individual has successfully completed at least a 3-credit course of study with appropriate field experiences in the diagnosis and remediation of reading disabilities and differentiated instruction. To meet this requirement, the course of study should include the following elements, as determined by the department to be appropriate for the individual's certification level and endorsements: interest inventories, English language learning screening, visual and auditory discrimination tools, language expression and processing screening, phonemics, phonics, vocabulary, fluency, comprehension, spelling and writing assessment tools, and instructional strategies. An individual may complete the course of study either as part of his or her teacher preparation program or during the first 6 years of his or her employment in classroom teaching.
(5) Not later than January 11, 2002, the superintendent of public instruction, in cooperation with appropriate curriculum specialists and teacher educators, shall revise existing reading standards to recognize reading disorders and to enable teachers to make referrals for instruction and support for pupils with reading disorders.
(6) Subject to subsection (8), if an individual holding a teaching certificate from another state applies to the superintendent of public instruction for a Michigan teaching certificate and meets the requirements of this subsection, the superintendent of public instruction shall issue to the individual a Michigan professional education teaching certificate and applicable endorsements comparable to those the individual holds in the other state, without requiring the individual to pass the applicable subject area examination or nationally adopted teacher licensing examination otherwise required under subsection (2) or (3). To be eligible to receive a Michigan professional education teaching certificate under this subsection, an individual shall must provide evidence satisfactory to the department that he or she meets all of the following requirements:
(a) Has taught successfully for at least 3 years in a position for which the individual's teaching certification from the other state was valid.
(b) Has earned, after his or her initial certification in another state, at least 18 semester credit hours in a planned course of study at an institution of higher education approved by the superintendent of public instruction or has earned, at any time, a master's or doctoral degree approved by the superintendent of public instruction.
(c) Has met the elementary or secondary, as applicable, reading credit requirement established under superintendent of public instruction rule.
(7) An individual who receives a teaching certificate and endorsement or endorsements under subsection (6) is eligible to receive 1 or more additional endorsements comparable to endorsements the individual holds in another state only if the individual passes the appropriate subject area examinations or the nationally adopted teacher licensing examination required under subsection (2) or (3).
(8) The superintendent of public instruction shall deny a Michigan teaching certificate to an individual described in subsection (6) for fraud, material misrepresentation, or concealment in the individual's application for a certificate or for a conviction for which an individual's teaching certificate may be revoked under section 1535a.
(9) The department, based upon criteria recommended under subsection (11), (12), shall provide to approved teacher education institutions approved guidelines and criteria for use in the development or selection of subject area examinations.
(10) For Except as otherwise provided in this subsection, for the purposes of this section, the superintendent of public instruction, based upon criteria recommended under subsection (11), (12), shall develop, select, or develop and select 1 or more subject area examinations. In Except as otherwise provided in this subsection, in addition, the superintendent of public instruction, based upon criteria recommended under subsection (11), (12), shall approve an elementary certification examination and a reading subject area examination. If the department develops for use under this subsection an examination that had previously been contracted for using a competitive bid process, then the department shall not expend on the development of that examination an amount that exceeds the amount that the department expended on procurement of the most recent competitively-bid version of that examination. This subsection does not apply after August 31, 2022.
(11) By not later than September 1, 2021, the superintendent of public instruction, for the purposes of this section, shall approve a nationally adopted teacher licensing examination for administration beginning no later than September 1, 2022.
(12) (11) The superintendent of public instruction shall appoint an 11-member teacher examination advisory committee composed of representatives of approved teacher education institutions and Michigan education organizations and associations. Not more than 1/2 of the members comprising this committee shall must be certified teachers. This committee shall recommend criteria to be used by the superintendent of public instruction in the development, selection, or development and selection of subject area examinations. In addition, the committee shall recommend guidelines for the use and administration of those examinations.
(13) (12) The superintendent of public instruction shall appoint a 7-member standing technical advisory council composed of individuals who are experts in measurement and assessment. This council shall advise the superintendent of public instruction and the teacher examination committee on the validity, reliability, and other technical standards of the examinations that will be used or are being used and of the administration and use of those examinations.
(14) (13) Not Except as otherwise provided in this subsection, not later than November 30 of each year, the superintendent of public instruction shall submit in writing a report on the development or selection and use of the elementary certification examination and the subject area examinations to the house and senate education committees. The report shall must also contain a financial statement regarding revenue received from the assessment of fees levied under subsection (15) (17) and the amount of and any purposes for which that revenue was expended. This subsection does not apply after August 31, 2022.
(15) (14) The Except as otherwise provided in this subsection, the elementary certification examination and the subject area examinations required by under this section may be taken at different times during an approved teacher preparation program, but the elementary certification examination and the subject area examinations, as applicable, must be passed before an individual is recommended for certification. This subsection does not apply after August 31, 2022.
(16) Beginning September 1, 2022, the nationally adopted teacher licensing examination required under this section may be taken at different times during an approved teacher preparation program, but the examination must be passed before an individual is recommended for certification.
(17) (15) The department, or if approved by the superintendent of public instruction, a private testing service, may assess fees for taking the elementary certification examination and the subject area examinations or the nationally adopted teacher licensing examination required under this section. The fees, which shall must be set by the superintendent of public instruction, shall must not exceed the actual cost of the examination and of administering the examination. Fees received by the department shall must be expended solely for administrative expenses that it incurs in implementing this section. If the superintendent of public instruction increases a fee charged for an examination under this subsection, at least 1 year before implementing the fee increase, the department shall notify each approved teacher education institution of the amount of the fee increase. An approved teacher education institution shall notify each of its affected students of the timing and amount of such a fee increase.
(18) (16) If an individual holding a teaching certificate from another state applies for a Michigan teaching certificate and meets all requirements for the Michigan teaching certificate except passage of the appropriate examinations under subsection (3), the superintendent of public instruction shall issue a nonrenewable temporary teaching certificate, good for 1 year, to the individual. The superintendent of public instruction shall not issue a Michigan teaching certificate to the individual after expiration of the temporary teaching certificate unless the individual passes appropriate examinations as described in subsection (3).
(19) (17) As used in this section:
(a) "Elementary certification examination" means a comprehensive examination for elementary certification that has been developed or selected by the superintendent of public instruction for demonstrating the applicant's knowledge and understanding of the core subjects normally taught in elementary classrooms and for determining whether or not an applicant is eligible for an elementary level teaching certificate.
(b) "Nationally adopted teacher licensing examination" means an examination that measures the academic skills and subject-specific content knowledge needed for teaching, that has demonstrated in-person and remote administration, and that is used across multiple states.
(c) (b) "Subject area examination" means an examination related to a specific area of certification, which examination has been developed or selected by the superintendent of public instruction for the purpose of demonstrating the applicant's knowledge and understanding of the subject matter and determining whether or not an applicant is eligible for a Michigan teaching certificate.
(20) (18) The superintendent of public instruction shall promulgate rules for the implementation of this section.
(21) (19) Notwithstanding any rule to the contrary, the superintendent of public instruction shall continue to issue state elementary or secondary continuing education certificates under former R 390.1132(1) of the Michigan Administrative Code to individuals who completed the requirements of that rule by December 31, 1992 and who apply for that certificate not later than March 15, 1994. If the superintendent of public instruction has issued a state elementary or secondary professional education certificate to an individual described in this section, the superintendent of public instruction shall consider the individual to have a state elementary or secondary, as applicable, continuing education certificate.
(22) (20) Not later than January 1, 2019, the superintendent of public instruction, in consultation with the department of talent and economic development labor and economic opportunity and groups or individuals representing employers, economic development agencies, trade unions, secondary school principals, middle and elementary school principals, teachers, school district and intermediate school district superintendents, and others as determined appropriate by the department, shall promulgate rules to allow an individual to use time spent engaging with local employers or technical centers toward the renewal of a teaching certificate in the same manner as state continuing education or professional development.
Sec. 1531i. (1) The superintendent of public instruction shall establish a process for an individual to earn an interim teaching certificate under this section that qualifies the individual to teach in public schools and to earn a Michigan teaching certificate using the process under this section. The process must meet all applicable requirements for an alternative teaching certification process under the no child left behind act of 2001, Public Law 107-110, or the every student succeeds act, Public Law 114-95, as applicable. Beginning 3 years following the effective date of the amendatory act that added this sentence, July 21, 2024, the process described in this subsection must not allow for the granting of an interim teaching certificate under this section for teaching special education. The immediately preceding sentence does not prohibit an individual who is granted an interim teaching certificate under this section for teaching special education before 3 years following the effective date of the amendatory act that added this sentence July 21, 2024 from, subject to other provisions of law and rules that would otherwise apply to that individual, continuing to teach special education under that interim teaching certificate after 3 years following the effective date of the amendatory act that added this sentence.July 21, 2024.
(2) Except as otherwise provided under subsection (1), the process established under subsection (1) must provide that the superintendent of public instruction will grant an interim teaching certificate to an individual who meets all of the following, as applicable:
(a) Is a participant in an alternative teaching program that is approved by the superintendent of public instruction. To be approved, a program provider must demonstrate to the satisfaction of the superintendent of public instruction that it meets all of the following:
(i) Subject to subdivision (e), provides for its participants an intensive training program in teaching that is determined by the superintendent of public instruction to constitute the equivalent of at least 12 college credit hours and that includes training in at least all of the following subject areas:
(A) Child development or child psychology.
(B) Family and community relationships.
(C) Diverse learners.
(D) Instructional strategies.
(E) A form of field-based experience in a classroom setting.
(ii) Has a proven record of producing successful teachers or is modeled after a program that has a proven record of producing successful teachers.
(iii) Its participants have a cohort grade point average of at least 3.0 on a 4.0 scale or the equivalent on another scale, as determined by the superintendent of public instruction, upon earning the degree required under subdivision (b). If a cohort member has earned more than 1 degree required under subdivision (b), the highest grade point average earned by the cohort member must be used in calculating the cohort grade point average under this subparagraph.
(iv) Accepts for participation only individuals who meet the requirements of subdivision (b).
(b) Holds a bachelor's, master's, doctorate, or professional degree from a regionally accredited college or university.
(c) Passes Until August 31, 2022 passes the appropriate available subject area examination for each subject area in which he or she applies to be certified or, beginning September 1, 2022, passes the nationally adopted teacher licensing examination approved under section 1531, as applicable.
(d) Subject to subdivision (e) and notwithstanding any other provision of law or rule to the contrary, if the individual does not hold a Michigan teaching certificate, for an interim teaching certificate under this section for teaching special education, the individual has completed a training program for teaching special education students that is determined by the superintendent of public instruction to constitute the equivalent of at least 32 college credit hours, or equivalent clock hours, equal to 7 hours of instruction per credit hour, and that includes training in at least both of the following:
(i) The requisite knowledge, understanding, skills, and dispositions for effective practice concerning all of the following:
(A) Utilizing research-based models, theories, and philosophies for teaching students with an array of disabilities within different placements.
(B) Assessing students with disabilities for identification and teaching.
(C) Implementing accommodations and modifications for classroom assessments, school district, intermediate school district, or public school academy assessments, and statewide assessments.
(D) Using assistive technology devices to increase, maintain, or improve the capabilities of students with impairments.
(E) Communicating, consulting, and collaborating with parents and legal guardians, paraprofessionals, general educators, administrators, and human services personnel.
(F) Developing, implementing, and evaluating individualized education programs.
(G) Planning, organizing, scheduling, and conducting individualized education program team meetings, including parental and student participation in those meetings.
(H) Preparing students with disabilities for transitions, including the transition from preschool to elementary school and the transition into postsecondary environments and employment.
(I) Maintaining, releasing, and transferring student records according to school district, intermediate school district, or public school academy rules and policies and state and federal laws, rules, and policies.
(J) Articulating the historical and legal bases regarding special education, such as the concept of free appropriate public education, general least restrictive environment requirements, and family education and privacy rights.
(ii) Any additional criteria that the department determines is appropriate in the teaching of special education students.
(e) Notwithstanding any other provision of law or rule to the contrary, if the individual holds a Michigan teaching certificate, for an interim teaching certificate under this section for teaching special education, the individual has completed an accelerated training program for teaching special education students that meets criteria established by the department and that is approved by the superintendent of public instruction. An individual described in this subdivision is not required to meet the requirements under subdivision (d) and is not required to complete an intensive training program in teaching as described under subdivision (a)(i).
(3) An individual earning a Michigan teaching certificate using the process under this section will be subject to provisions of administrative rules governing teachers, as established by the superintendent of public instruction.
(4) An individual who possesses an interim teaching certificate under this section may be employed to teach in a public school in the same manner as an individual holding a Michigan teaching certificate issued under section 1531 if both of the following requirements are met:
(a) While the individual is teaching under an interim teaching certificate, the school district or public school academy in which the individual is teaching provides intensive observation and coaching in a manner and to the extent prescribed by the superintendent of public instruction.
(b) The individual is making satisfactory progress toward meeting the requirements for being awarded a Michigan teaching certificate under section 1531, as established by the superintendent of public instruction under subsection (5).
(5) The superintendent of public instruction shall develop standards for granting an individual a Michigan teaching certificate issued under section 1531 after the individual has demonstrated satisfactory teaching performance for 3 years under an interim teaching certificate and has met the requirements established by the superintendent of public instruction for a Michigan teaching certificate.
(6) The superintendent of public instruction shall promulgate rules that he or she considers necessary to implement this section.
(7) CEPI, in consultation with the department, shall partner with 1 or more research university or universities in this state to conduct a research study and analysis on educator shortages in this state. The department shall make any needed data available to CEPI and the selected research university or universities described in this subsection to facilitate the study and analysis described in this subsection. Using the study and analysis described in this subsection, by January 1, 2022, CEPI, with its partners under this subsection, shall submit an initial report to the governor and the chairs of the senate and house standing committees responsible for education legislation that summarizes available state data, provides a baseline from which future comprehensive data analysis can begin, and includes recommendations to policymakers concerning data-gathering activities that are necessary to complete the comprehensive report described in this subsection, and by January 1, 2023 and January 1 each year thereafter, CEPI, with its partners under this subsection, shall submit a comprehensive report concerning educator shortages in this state to the governor and the chairs of the senate and house standing committees responsible for education legislation. The comprehensive report submitted by CEPI under this subsection must include, but is not limited to, all of the following:
(a) The number of educator vacancies in this state, disaggregated by geographic region and by any broad subject areas and educational settings required for those vacancies.
(b) The educator retention rates in this state, disaggregated by geographic region, broad subject areas and educational settings, number of years in the profession, and educator demographics.
(c) The number of graduates from approved, in-state teacher preparation programs, disaggregated by the broad subject areas and educational settings of those graduates, if any.
(d) An analysis of the regions in this state that present the highest need for educators based on educator shortages in those regions, disaggregated by the broad subject areas and educational settings of the positions in which there are shortages in those regions.
(8) By January 1, 2022, and by January 1 each year thereafter, the department shall submit a report to the governor and the chairs of the senate and house standing committees responsible for education legislation regarding the number of interim teaching certificates issued under this section for teaching special education and the retention rate for teachers who began serving as teachers in this state through usage of an interim teaching certificate issued under this section.
(9) As used in this section:
(a) "CEPI" means the center for educational performance and information created under section 94a of the state school aid act of 1979, MCL 388.1694a.
(b) "Cohort" means all of the individuals enrolled in an alternative teaching program approved by the superintendent of public instruction for the 3 years immediately preceding the granting of an interim teaching certificate under this section to an individual enrolled in the alternative teaching program.
(c) "Subject "Nationally adopted teacher licensing examination" and "subject area examination" means that term mean those terms as defined in section 1531.
