HOUSE BILL NO. 5135

October 12, 2023, Introduced by Reps. Schmaltz, Morgan, McFall, Brabec, Wilson, Meerman, Roth, Rheingans, Neyer, Borton, Kuhn, DeBoer, Schuette, Markkanen, Wozniak, Aragona, Beson, DeBoyer, Prestin, Cavitt, Martin, Hoadley, VanderWall and Jaime Greene and referred to the Committee on Education.

A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending section 1531 (MCL 380.1531), as amended by 2023 PA 110, and by adding section 1253.

the people of the state of michigan enact:

Sec. 1253. (1) Beginning with the 2025-2026 school year, the board of a school district or intermediate school district or board of directors of a public school academy shall ensure that each school operated by the board or board of directors has at least 1 teacher trained in the Orton-Gillingham methodology who is tasked with assisting pupils with dyslexia.

(2) As used in this section, "Orton-Gillingham methodology" means a teaching approach for students with reading difficulties that does all of the following:

(a) Incorporates phonemic awareness, phonics, vocabulary, fluency, and comprehension into daily lessons.

(b) Teaches reading using a proven, multisensory approach.

(c) Breaks reading and spelling down into smaller skills involving letters and sounds, and then builds on those skills over time.

(d) Uses multisensory teaching strategies to teach reading by using sight, hearing, touch, and movement to help students connect and learn the concepts that are being taught.

Sec. 1531. (1) Except as otherwise provided in this act, the superintendent of public instruction shall determine the requirements for and issue all licenses, certificates, and endorsements for teachers, including preprimary teachers and teachers as counselors, in the public schools of this state.

(2) Except as otherwise provided in this act, the superintendent of public instruction shall only issue a teaching certificate or additional endorsement to an individual who has passed appropriate available examinations. The superintendent of public instruction may accept passage of an equivalent examination approved by the superintendent of public instruction to meet this requirement for an individual holding a teaching certificate from another state, country, or federally recognized Indian tribe.

(3) 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 and, beginning January 1, 2025, received training on how to identify pupils with dyslexia. If an individual holds a teaching certificate, 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 as part of his or her the individual's teacher preparation program.

(4) Any revisions to existing reading standards must include the recognition of reading disorders and enable teachers to make referrals for instruction and support for pupils with reading disorders.

(5) Subject to subsection (8), if an individual holding a teaching certificate from another state, country, or federally recognized Indian tribe 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 teaching certificate and endorsements comparable to those the individual holds in the other state or country or with the federally recognized Indian tribe without requiring the individual to pass the appropriate examinations otherwise required under subsection (2) or to complete the reading credit requirement established under superintendent of public instruction rule as described in subsection (3). To be eligible to receive a Michigan teaching certificate under this subsection, an individual shall must provide evidence satisfactory to the department that he or she the individual has taught successfully for at least 3 years in a position for which the individual's teaching certification from the other state, country, or federally recognized Indian tribe was valid.

(6) Subject to subsection (8), an individual holding a teaching certificate from another state, country, or federally recognized Indian tribe is eligible for a Michigan professional education certificate if the individual meets both of the following:

(a) The individual has taught successfully for at least 3 years in a position for which the individual's teaching certification from the other state, country, or federally recognized Indian tribe was valid.

(b) The individual meets the elementary or secondary, as applicable, reading credit requirement established under superintendent of public instruction rule as described in subsection (3).

(7) Subject to subsection (8), if an individual holding a teaching certificate from another state, country, or federally recognized Indian tribe applies to the superintendent of public instruction for an additional endorsement on a valid Michigan teaching certificate and meets the requirements of this subsection, the superintendent of public instruction shall issue the individual an endorsement comparable to that which the individual holds in the other state or country or with the federally recognized Indian tribe without requiring that the individual pass the appropriate available examinations otherwise required under subsection (2). To be eligible to receive an additional endorsement under this subsection, an individual shall must provide evidence satisfactory to the department that he or she the individual has taught successfully for at least 3 years in a position for which the individual's teaching endorsement from the other state, country, or federally recognized Indian tribe is valid.

(8) The superintendent of public instruction shall deny a Michigan teaching certificate or endorsement to an individual described in subsection (5), (6), or (7) 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 suspended or revoked under section 1535a.

(9) For the purposes of this section, the superintendent of public instruction, based upon criteria recommended by a committee of teachers, representatives of approved teacher education institutions, Michigan education organizations and associations, and experts in measurement and assessment, shall develop, select, or develop and select 1 or more subject area examinations. In addition, the superintendent of public instruction, based upon criteria recommended by the committee described in this subsection, shall approve a reading subtest to be taken and passed by individuals seeking pre-K to grade 3 or grade 3 to grade 6-level endorsement. 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. The competitive bid process must address validity, reliability, and other technical standards of the examinations and of the appropriate administration and use of those examinations.

(10) 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 subject area examinations to the house and senate education committees. The report must also contain a financial statement regarding revenue received from the assessment of fees levied under subsection (12) and the amount of and any purposes for which that revenue was expended.

(11) The examinations required by this section may be taken at different times during an approved teacher preparation program, but the examinations, as applicable, must be passed before an individual is recommended for certification.

(12) The department, or if approved by the superintendent of public instruction, a private testing service, may assess fees for taking the appropriate available examinations described in subsection (2). The fees , which must be set by the superintendent of public instruction , and must not exceed the actual cost of the examination and of administering the examination. Fees received by the department 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.

(13) If an individual holding a teaching certificate from another state, country, or federally recognized Indian tribe applies for a Michigan teaching certificate and meets all requirements for the Michigan teaching certificate except passage of the appropriate available examinations under subsection (2) or the reading credit requirement 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 has met the requirements of this section.

(14) As used in this section:

(a) "Additional endorsement" means an endorsement added to a Michigan teaching certificate after initial issuance of the certificate.

(b) "An individual holding a teaching certificate from another state, country, or federally recognized Indian tribe" means an individual with a valid teaching certificate or an individual who is eligible for a teaching certificate in the state or country or with the federally recognized Indian tribe in which or with which the individual is certificated or eligible for certification.

(c) "Subject area examination" means an examination related to an endorsement area 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 or endorsement.

(15) The superintendent of public instruction shall promulgate rules for the implementation of this section.

(16) Not later than January 1, 2019, the superintendent of public instruction, in consultation with the department of 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.