October 29, 2013, Introduced by Rep. Lyons and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1280c (MCL 380.1280c), as amended by 2011 PA 8,
and by adding section 1280f.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
1280c. (1) Beginning in 2010, Except
as otherwise
provided in this subsection, not later than September 1 of each
year, the superintendent of public instruction shall publish a list
identifying the public schools in this state that the department
has determined to be among the lowest achieving 5% of all public
schools in this state, as defined for the purposes of the federal
incentive grant program created under sections 14005 and 14006 of
title XIV of the American recovery and reinvestment act of 2009,
Public Law 111-5. Beginning in 2016, not later than September 1 of
each year, the superintendent of public instruction shall publish a
list of the public schools in this state that have been assigned a
letter grade of F under section 1280f for that school year. As
provided under section 1280f, a letter grade of F indicates that a
public school is among the lowest achieving public schools in this
state.
(2) Except as otherwise provided in subsection (16), the
superintendent of public instruction shall issue an order placing
each public school that is included on the list under subsection
(1) under the supervision of the state school reform/redesign
officer described in subsection (9). In addition, a public school
may be placed under the supervision of the state school
reform/redesign officer pursuant to an order issued by the
superintendent of public instruction under section 1280f. Within 90
days after a public school is placed under the supervision of the
state school reform/redesign officer under this section, the school
board or board of directors operating the public school shall
submit a redesign plan to the state school reform/redesign officer.
For a public school operated by a school board, the redesign plan
shall be developed with input from the local teacher bargaining
unit and the local superintendent. The redesign plan shall require
implementation of 1 of the 4 school intervention models that are
provided for the lowest achieving schools under the federal
incentive grant program created under sections 14005 and 14006 of
title XIV of the American recovery and reinvestment act of 2009,
Public Law 111-5, known as the "race to the top" grant program.
These models are the turnaround model, restart model, school
closure, and transformation model. The redesign plan shall include
an executed addendum to each applicable collective bargaining
agreement in effect for the public school that meets the
requirements of subsection (8).
(3) Within 30 days after receipt of a redesign plan for a
public school under subsection (2), the state school
reform/redesign officer shall issue an order approving,
disapproving, or making changes to the redesign plan. If the order
makes changes to the redesign plan, the school board or board of
directors has 30 days after the order to change the redesign plan
to incorporate those changes into the redesign plan and resubmit it
to the state school reform/redesign officer for approval or
disapproval.
(4) The state school reform/redesign officer shall not
disapprove a redesign plan that includes all of the elements
required under federal law for the school intervention model
included in the redesign plan. A school board or board of directors
may appeal disapproval of a redesign plan on this basis to the
superintendent of public instruction. The decision of the
superintendent of public instruction on the appeal is final.
(5) If the state school reform/redesign officer approves a
redesign plan under this section, the school board or board of
directors shall implement the redesign plan for the public school
beginning with the beginning of the next school year that begins
after the approval. The school board or board of directors shall
regularly submit monitoring reports to the state school
reform/redesign officer on the implementation and results of the
plan in the form and manner, and according to a schedule, as
determined by the state school reform/redesign officer.
(6) The state school reform/redesign school district is
created. The state school reform/redesign school district is a
school district for the purposes of section 11 of article IX of the
state constitution of 1963 and for receiving state school aid under
the state school aid act of 1979 and is subject to the leadership
and general supervision of the state board over all public
education under section 3 of article VIII of the state constitution
of 1963. The state school reform/redesign school district is a body
corporate and is a governmental agency. Except as otherwise
provided in subsection (7), if the state school reform/redesign
officer does not approve the redesign plan, or if the state school
reform/redesign officer determines that the redesign plan is not
achieving satisfactory results, the state school reform/redesign
officer shall issue an order placing the public school in the state
school reform/redesign school district, imposing for the public
school implementation of 1 of the 4 school intervention models
described in subsection (2) beginning with the beginning of the
next school year, and imposing an addendum to each applicable
collective bargaining agreement in effect for the public school as
necessary to implement the school intervention model and that meets
the requirements of subsection (8). All of the following apply to
the state school reform/redesign school district:
(a) The state school reform/redesign school district shall
consist of schools that are placed in the state school
reform/redesign school district.
(b) The state school reform/redesign officer shall act as the
superintendent of the state school reform/redesign school district.
With respect to schools placed in the state school reform/redesign
school district, the state school reform/redesign officer has all
of the powers and duties described in this section; all of the
provisions of this act that would otherwise apply to the school
board that previously operated a school placed in the state school
reform/redesign school district apply to the state school
reform/redesign officer with respect to that school, except those
relating to taxation or borrowing; except as otherwise provided in
this section, the state school reform/redesign officer may exercise
all the powers and duties otherwise vested by law in the school
board that previously operated a school placed in the state school
reform/redesign school district and in its officers, except those
relating to taxation or borrowing, and may exercise all additional
powers and duties provided under this section; and, except as
otherwise provided in this section, the state school
reform/redesign officer accedes to all the rights, duties, and
obligations of the school board with respect to that school. These
powers, rights, duties, and obligations include, but are not
limited to, all of the following:
(i) Authority over the expenditure of all funds attributable to
pupils at that school, including that portion of proceeds from
bonded indebtedness and other funds dedicated to capital projects
that would otherwise be apportioned to that school by the school
board that previously operated the school according to the terms of
the bond issue or financing documents.
(ii) Subject to subsection (8), rights and obligations under
collective bargaining agreements and employment contracts entered
into by the school board for employees at the school.
(iii) Rights to prosecute and defend litigation.
(iv) Rights and obligations under statute, rule, and common
law.
(v) Authority to delegate any of the state school
reform/redesign officer's powers and duties to 1 or more designees,
with proper supervision by the state school reform/redesign
officer.
(vi) Power to terminate any contract or portion of a contract
entered into by the school board that applies to that school.
However, this subsection does not allow any termination or
diminishment of obligations to pay debt service on legally
authorized bonds and does not allow a collective bargaining
agreement to be affected except as provided under subsection (8). A
contract terminated by the state school reform/redesign officer
under this subsection is void.
(7) If the state school reform/redesign officer determines
that better educational results are likely to be achieved by
appointing a chief executive officer to take control of multiple
public schools, the state school reform/redesign officer may make a
recommendation to the superintendent of public instruction for
appointment of a chief executive officer to take control over those
multiple schools. If the superintendent of public instruction
appoints a chief executive officer to take control of multiple
public schools under this subsection, the chief executive officer
shall impose for those public schools implementation of 1 of the 4
school intervention models described in subsection (2) and impose
an addendum to each applicable collective bargaining agreement in
effect for those public schools as necessary to implement the
school intervention model and that meets the requirements of
subsection (8). With respect to those public schools, the chief
executive officer has all of the same powers and duties that the
state school reform/redesign officer has for public schools placed
in the state school reform/redesign school district under
subsection (6). The chief executive officer shall regularly submit
monitoring reports to the state school reform/redesign officer on
the implementation and results of the intervention model in the
form and manner, and according to a schedule, as determined by the
state school reform/redesign officer. The chief executive officer
shall exercise any other powers or duties over the public schools
as may be directed by the superintendent of public instruction.
(8) An addendum to a collective bargaining agreement under
this section shall provide for any of the following that are
necessary for the applicable school intervention model to be
implemented at each affected public school:
(a) That any contractual or other seniority system that would
otherwise be applicable shall not apply at the public school. This
subdivision does not allow unilateral changes in pay scales or
benefits.
(b) That any contractual or other work rules that are
impediments to implementing the redesign plan shall not apply at
the public school. This subdivision does not allow unilateral
changes in pay scales or benefits.
(c) That the state school reform/redesign officer shall direct
the expenditure of all funds attributable to pupils at the public
school and the principal or other school leader designated by the
state school reform/redesign officer shall have full autonomy and
control over curriculum and discretionary spending at the public
school.
(9) The superintendent of public instruction shall hire a
state school reform/redesign officer to carry out the functions
under this section and as otherwise prescribed by law. The state
school reform/redesign officer shall be chosen solely on the basis
of his or her competence and experience in educational reform and
redesign. The state school reform/redesign officer is exempt from
civil service. The state school reform/redesign officer is
responsible directly to the superintendent of public instruction to
ensure that the purposes of this section are carried out, and
accordingly the position of state school reform/redesign officer
should be a position within the department that is exempt from the
classified state civil service. The department shall request that
the civil service commission establish the position of state school
reform/redesign officer as a position that is exempt from the
classified state civil service.
(10) If the state school reform/redesign officer imposes the
restart model for a public school in the state school
reform/redesign school district, or a chief executive officer under
subsection (7) imposes the restart model for multiple public
schools under that subsection, all of the following apply:
(a) The state school reform/redesign officer or chief
executive officer shall enter into an agreement with an educational
management organization to manage and operate the public school or
schools. The state school reform/redesign officer or chief
executive officer shall provide sufficient oversight to ensure that
the public school or schools will be operated according to all of
the requirements for a restart model.
(b) There shall be considered to be no collective bargaining
agreement in effect that applies to employees working at the public
school or schools under this model at the time of imposition of the
model.
(11) If the state school reform/redesign officer imposes the
turnaround model for a public school in the state school
reform/redesign school district, or a chief executive officer under
subsection (7) imposes the turnaround model for multiple public
schools under that subsection, all of the following apply:
(a) A collective bargaining agreement that applies to
employees working at the public school or schools under this model
at the time of imposition of the model, and any successor
collective bargaining agreement, continues to apply with respect to
pay scales and benefits.
(b) Subject to any addendum to the collective bargaining
agreement that applies to the public school or schools, an employee
who is working at the public school or schools and who was
previously employed in the same school district that previously
operated that school shall continue to retain and accrue seniority
rights in that school district according to the collective
bargaining agreement that applies to employees of that school
district.
(12) If more than 9 public schools operated by a school
district are on the list under subsection (1), the transformation
model may not be implemented for more than 50% of those schools.
(13) If the state school reform/redesign officer determines
that a public school that is subject to the measures under
subsection (6) or (7) has made significant improvement in pupil
achievement and should be released from the measures that have been
imposed under subsection (6) or (7), the state school
reform/redesign officer may recommend this to the superintendent of
public instruction. If the superintendent of public instruction
agrees with the determination and recommendation, the
superintendent of public instruction may release the public school
from the measures that have been imposed under subsection (6) or
(7).
(14) At least annually, the state school reform/redesign
officer shall submit a report to the standing committees of the
senate and house of representatives having jurisdiction over
education legislation on the progress being made in improving pupil
proficiency due to the measures under this section.
(15) As soon as practicable after the federal department of
education has adopted the final work rules and formula for
identifying the lowest achieving 5% of all public schools in this
state for the purposes of the federal incentive grant program
created under sections 14005 and 14006 of title XIV of the American
recovery and reinvestment act of 2009, Public Law 111-5, known as
the "race to the top" grant program, the department shall post all
of the following on its website:
(a) The federal work rules and formula.
(b) A list of the public schools in this state that have been
identified for these purposes as being among the lowest achieving
5% of all public schools in this state. The department shall update
this list as it considers appropriate.
(16) If a school that is included on the list under subsection
(1) is operated by a school district in which an emergency manager
is in place under the local government and school district fiscal
accountability act, then the superintendent of public instruction
shall not issue an order placing the school under the supervision
of the state school reform/redesign officer.
Sec. 1280f. (1) Not later than July 1, 2016, the department
shall develop and implement a system of assigning letter grades to
each public school based on the public school's performance and
student growth.
(2) Except as otherwise provided in this section, the
department shall determine the grade for each public school that
includes any of grades K to 8 as follows:
(a) First, assign points for the public school as follows for
each of the following performance and student growth factors, as
determined by the department:
(i) One point for each 1% of included pupils of the public
school who score at or above proficient on state assessments in
reading.
(ii) One point for each 1% of included pupils of the public
school who score at or above proficient on state assessments in
mathematics.
(iii) One point for each 1% of included pupils of the public
school who score at or above proficient on state assessments in
writing, as applicable.
(iv) One point for each 1% of included pupils of the public
school who score at or above proficient on state assessments in
science, as applicable.
(v) One point for each 1% of included pupils of the public
school who score at or above proficient on state assessments in
social studies, as applicable.
(vi) One point for each 1% of included pupils of the public
school who make annual learning gains in reading.
(vii) One point for each 1% of included pupils of the public
school who make annual learning gains in mathematics.
(viii) One point for each 1% of included pupils who are in the
lowest 30% of included pupils in reading in the public school and
make annual learning gains in reading.
(ix) One point for each 1% of included pupils who are in the
lowest 30% of included pupils in mathematics in the public school
and make annual learning gains in mathematics.
(b) Second, add together all of the points assigned for the
public school under subdivision (a).
(c) Third, assign a grade to the public school according to
the scale described in subsection (4).
(3) Except as otherwise provided in this section, the
department shall determine the grade for each public school that
includes any of grades 9 to 12 as follows:
(a) First, assign points for the public school using a point
system determined by the department to be appropriate for assigning
a letter grade to a high school. The point system shall meet all of
the following:
(i) Shall assign at least 50% of the points based on pupil
proficiency of included pupils, as determined by state assessments
and other measures considered appropriate by the department.
(ii) Shall assign the balance of the points based on graduation
rate, measures of college and career readiness, and measures of
learning gains for included pupils.
(b) Second, add together all of the points assigned for the
public school under subdivision (a).
(c) Third, assign a grade to the public school according to
the scale described in subsection (4).
(4) After the department assigns points to each public school
in this state under subsections (2) and (3), the department shall
establish a grading scale for the grades to be assigned for that
year according to the number of points assigned to each public
school under subsection (2) or (3) and shall assign grades
according to that scale. The department shall develop a separate
grading scale for public schools that operate any of grades K to 8
and a separate grading scale for public schools that operate any of
grades 9 to 12. All of the following apply to these grading scales:
(a) For the first school year for which grades are assigned,
for each of the 2 separate grading scales, the department shall
ensure that no more than 10% of public schools are assigned a grade
of A, approximately 28% of public schools are assigned a grade of
B, approximately 31% of public schools are assigned a grade of C,
approximately 28% of public schools are assigned a grade of D, and
at least 5% of public schools are assigned a grade of F. The
department's deviations from the specified percentages shall be
based on any observed natural cut points in the distribution of
school scores.
(b) Except as provided in this subdivision, for subsequent
school years for which grades are assigned, for each of the 2
separate grading scales, the number of points required for each
grade on a grading scale established under subdivision (a) shall
remain the same as when it was established under subdivision (a).
However, the department shall adjust the number of points required
to achieve a grade on the grading scale if either of the following
conditions exists by increasing the number of points required to
achieve each grade on the scale by 5% or by a greater amount if the
department projects that a greater adjustment is likely to be
needed to ensure that the conditions requiring the adjustment will
not occur again in the next year:
(i) The use of that point scale resulted in more than 74% of
the public schools graded on that scale being assigned a grade of A
or B for the immediately preceding school year.
(ii) If at the time of the projection a federal law requires
the department to identify the lowest achieving 5% of all public
schools in this state, the department projects that it is probable
that the use of that point scale will result in less than 5% of the
public schools graded on that scale being assigned a grade of F for
the next school year.
(c) For a public school that does not operate all of grades K
to 8 or all of grades 9 to 12 and so is unable to achieve the full
allotment of points under subsection (2) or (3), the department
shall modify the grading scale to reflect the total possible points
that may be achieved with the grade configuration at the public
school. The modification shall be designed to grade all public
schools on an equitable basis without regard to grade configuration
at the public school.
(5) After the implementation of the letter grade system under
subsection (1), all of the following apply:
(a) Before August 1 of each year, the department shall notify
each public school and school district of all of the following and
provide an appeal process that is concluded by that August 1:
(i) For each public school it operates, the public school's
letter grade for that year and, if available, the public school's
letter grade from the immediately preceding 2 years.
(ii) The detailed formula and metrics for the letter grade
system.
(iii) The building-level data used to generate the letter grade.
(iv) The number of teachers teaching in the public school for
the corresponding school year who were rated as effective or highly
effective under the performance evaluation system under section
1249 and the total number of teachers teaching in that public
school for that school year.
(v) The number of school administrators serving in the public
school for the corresponding school year who were rated as
effective or highly effective under the performance evaluation
system under section 1249 and the total number of school
administrators serving in that public school for that school year.
(b) On August 1 of each year, or on the next business day if
that August 1 is not a business day, the department shall post on
its website, with a link from the homepage, and shall report to the
legislature all of the information under subdivision (a).
(c) The school district or public school academy shall do both
of the following for each public school it operates:
(i) Include the information under subdivision (a) in the
posting of information under section 18(2) of the state school aid
act of 1979, MCL 388.1618.
(ii) Publish the information under subdivision (a) on its
website, with a link on its homepage and, if the school district or
public school academy maintains a homepage for a particular public
school, a link on that school's homepage to the information for
that public school.
(d) If the department changes any aspect of the letter grade
system, before implementing the change, the department shall
provide written notice of the change to the senate and house
standing committees on education and shall make department
personnel available to those committees to discuss the change as
requested by the committees.
(6) If a public school operates both 1 or more of grades K to
8 and 1 or more of grades 9 to 12, the department shall calculate
and assign a separate grade for the school for each of those
separate grade configurations. The department shall treat each of
the separate grade configurations as a separate public school for
the purposes of this section.
(7) If the department determines that a public school that has
been in operation for at least 3 school years, or a separate
configuration of grades at a public school as described in
subsection (6), meets both of the following, the superintendent of
public instruction shall issue an order either closing the public
school, or the separate grade configuration, or placing the public
school, or the separate grade configuration, under the supervision
of the state school reform/redesign officer as described in section
1280c:
(a) Has been assigned a grade of F under this section for 2 or
more years in a period of 4 consecutive years.
(b) Has been determined by the department to have performed in
the lowest 5% of all public schools in this state in learning gains
for 2 or more years during the same period of 4 consecutive years
as considered for subdivision (a).
(8) With the approval of the intermediate school district of
which it is a constituent district or of its authorizing body, as
applicable, a school district or public school academy may apply to
the superintendent of public instruction in a form and manner
prescribed by the superintendent of public instruction for
designation of 1 or more of the public schools that it operates as
an alternative education campus. The superintendent of public
instruction shall designate a public school as an alternative
education campus if the superintendent of public instruction
determines that the public school meets 1 or more of the following:
(a) The public school serves a pupil population in which more
than 95% of the pupils have an individualized education plan.
(b) The public school serves a pupil population in which a
majority of the pupils meet 1 or more of the following:
(i) Are homeless.
(ii) Have a documented history of 1 or more serious
psychological behavioral disorders, including, but not limited to,
suicidal behaviors.
(iii) For a high school, are over the traditional age for the
pupil's grade level and lack adequate credit hours to be on track
to graduate in 4 years.
(c) The public school is a strict discipline academy
established under sections 1311b to 1311m.
(9) If a public school is designated as an alternative
education campus under subsection (8), then the department shall
not assign a letter grade to that public school and shall instead
issue a summary status of "maintaining" or "failing" for that
public school. The information reported under subsection (5) shall
be based on this summary status. The department shall issue a
summary status of "maintaining" if the department determines that
the public school designated as an alternative education campus is
in compliance with sections 1204a, 1277, 1278, 1278a, and 1278b, as
applicable, and included pupils enrolled at that public school are
making meaningful, measurable academic progress toward educational
goals that have been established by the board or board of directors
operating that public school and approved by the superintendent of
public instruction.
(10) The state board or the department shall not establish any
evaluation or ranking system for public schools or school districts
other than the letter grade system under this section.
(11) Not later than July 1, 2016, the department shall
establish and implement a waiver system for waiving regulatory or
statutory reports and requirements for a public school that
consistently maintains a grade of A or B under this section. If the
department determines that a public school qualifies for a waiver
under this section, the superintendent of public instruction shall
grant the waiver, effective for as long as the public school
maintains a grade of A or B, and the regulatory or statutory
requirement that is waived does not apply to that public school for
the duration of the waiver. Before implementing this waiver system,
the department shall submit to the senate and house standing
committees on education a list of the regulatory and statutory
reports and requirements that are proposed to be subject to the
waiver.
(12) As used in this section, "included pupil" means a pupil
who has been enrolled in the public school for at least 1 full
school year.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 4154 of the 97th Legislature is enacted into
law.