Bill Text: MI HB5145 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Education; employees; time invested with local employers and technology centers; include toward continuing education and professional development for teachers and administrators. Amends secs. 1531, 1531j, 1531k & 1536 of 1976 PA 451 (MCL 380.1531 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-08-15 - Assigned Pa 234'18 With Immediate Effect [HB5145 Detail]
Download: Michigan-2017-HB5145-Engrossed.html
HB-5145, As Passed House, December 13, 2017
SUBSTITUTE FOR
HOUSE BILL NO. 5145
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 1531, 1531j, 1531k, and 1536 (MCL 380.1531,
380.1531j, 380.1531k, and 380.1536), section 1531 as amended by
2015 PA 159, sections 1531j and 1531k as added by 2015 PA 173, and
section 1536 as amended by 2009 PA 205.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 state.
(2) Except as otherwise provided in this act, the
superintendent of public instruction shall only issue a teaching
certificate
to a person an individual who has passed appropriate
examinations as follows:
(a) For a secondary level teaching certificate, has passed
both the basic skills examination and the appropriate available
subject area examination for each subject area in which he or she
applies to be certified.
(b) For an elementary level teaching certificate, has passed
the basic skills examination and, 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.
(3) Except as otherwise provided in this act, the
superintendent of public instruction shall issue a Michigan
teaching
certificate to a person 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 person individual
passes
appropriate examinations as follows:
(a) For a secondary level teaching certificate, pass both the
basic skills examination and 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 1 or both of these requirements.
(b) For an elementary level teaching certificate, pass the
basic skills examination and, 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
more of these requirements.
(4) Except as otherwise provided in this act, the
superintendent of public instruction shall only issue a teaching
certificate
to a person an individual who has met the elementary or
secondary, as applicable, reading credit requirements established
under
superintendent of public instruction rule. If a person 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 person's individual's
certification
to professional certification unless the person
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 person's 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. A person 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 a person 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 person
individual a Michigan professional education teaching certificate
and
applicable endorsements comparable to those the person
individual
holds in the other state, without
requiring the person
individual to pass a basic skills examination or the applicable
subject area examination otherwise required under subsection (2) or
(3). To be eligible to receive a Michigan professional education
teaching
certificate under this subsection, a person an individual
shall 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 person's 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)
A person 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 person individual holds in another state only if
the
person individual passes the appropriate subject area
examinations required under subsection (2) or (3).
(8) The superintendent of public instruction shall deny a
Michigan
teaching certificate to a person an individual described
in subsection (6) for fraud, material misrepresentation, or
concealment
in the person's individual's
application for a
certificate
or for a conviction for which a person's an
individual's teaching certificate may be revoked under section
1535a.
(9) The department, based upon criteria recommended pursuant
to subsection (11), shall provide to approved teacher education
institutions guidelines and criteria approved by the superintendent
of public instruction for use in the development or selection of a
basic skills examination and approved guidelines and criteria for
use in the development or selection of subject area examinations.
(10) For the purposes of this section, the superintendent of
public instruction, based upon criteria recommended pursuant to
subsection (11), shall develop, select, or develop and select 1 or
more basic skills examinations and subject area examinations. In
addition, the superintendent of public instruction, based upon
criteria recommended pursuant to subsection (11), 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.
(11) The superintendent of public instruction shall appoint an
11-member teacher examination advisory committee comprised 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 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 1 or more basic skills
examinations, and 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. The basic skills examinations referred to in
this subsection may be developed by the superintendent of public
instruction or selected by the superintendent of public instruction
from commercially or university developed examinations. In
addition, an approved teacher education institution, pursuant to
guidelines and criteria described in subsection (9), may develop an
examination at its own expense for approval by the superintendent
of public instruction. An approved teacher education institution
that develops its own examination is liable for any litigation that
results from the use of its examination.
(12) The superintendent of public instruction shall appoint a
7-member
standing technical advisory council comprised of persons
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.
(13) 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 basic skills
examination, the elementary certification examination, and the
subject area examinations to the house and senate education
committees. The report shall also contain a financial statement
regarding revenue received from the assessment of fees levied
pursuant to subsection (15) and the amount of and any purposes for
which that revenue was expended.
(14) The basic skills examination, the elementary
certification examination, and the subject area examinations
required by this section may be taken at different times during an
approved teacher preparation program, but the basic skills
examination
must be passed before a person an
individual is
enrolled for student teaching and the elementary certification
examination and the subject area examinations, as applicable, must
be
passed before a person an
individual is recommended for
certification.
(15) The department, or if approved by the superintendent of
public instruction, a private testing service, may assess fees for
taking the basic skills examination, elementary certification
examination, and the subject area examinations. The fees, which
shall be set by the superintendent of public instruction, shall not
exceed the actual cost of the examination and of administering the
examination. Fees received by the department shall 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.
(16)
If a person 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 person.
individual. The superintendent of public instruction shall not
issue
a Michigan teaching certificate to the person individual
after expiration of the temporary teaching certificate unless the
person
individual passes appropriate examinations as described in
subsection (3).
(17) As used in this section:
(a) "Basic skills examination" means an examination developed
or selected by the superintendent of public instruction or
developed pursuant to subsection (11) by an approved teacher
education institution for the purpose of demonstrating the
applicant's knowledge and understanding of basic language and
mathematical skills and other skills necessary for the certificate
sought, and for determining whether or not an applicant is eligible
for a provisional Michigan teaching certificate.
(b) "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.
(c) "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
House Bill No. 5145 as amended December 13, 2017
understanding of the subject matter and determining whether or not
an applicant is eligible for a Michigan teaching certificate.
(18) The superintendent of public instruction shall promulgate
rules for the implementation of this section.
(19) Notwithstanding any rule to the contrary, the
superintendent of public instruction shall continue to issue state
elementary or secondary continuing education certificates pursuant
to
R 390.1132(1) of the Michigan administrative code Administrative
Code
to persons 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 a person an
individual described in this
section, the superintendent of public instruction shall consider
the
person individual to have a state elementary or secondary, as
applicable, continuing education certificate.
(20) Not later than July 1, 2018, the superintendent of public
instruction, in consultation with the department of talent and
economic development 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. 1531j. (1) Notwithstanding any other provision of this
act or a rule to the contrary, beginning July 1, 2018, the
House Bill No. 5145 as amended December 13, 2017
superintendent of public instruction shall not issue an initial
professional teaching certificate to an individual unless the
individual presents evidence satisfactory to the superintendent of
public instruction demonstrating that he or she meets all of the
following:
(a) The individual has successfully completed at least 3 full
years of classroom teaching.
(b) The individual meets either of the following:
(i) Was rated as either effective or highly effective on his
or her annual year-end performance evaluation under section 1249
for the 3 consecutive school years immediately preceding his or her
application for the professional teaching certificate.
(ii) Was rated as either effective or highly effective on his
or her annual year-end performance evaluation under section 1249
for at least 3 nonconsecutive school years before his or her
application for the professional teaching certificate and submits a
recommendation from the chief school administrator of the school at
which he or she is currently employed that he or she be issued a
professional teaching certificate.
(2) Not later than July 1, 2018, the superintendent of public
instruction, in consultation with the department of talent and
economic development 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 professional teaching certificate in the
House Bill No. 5145 as amended December 13, 2017
same manner as state continuing education or professional
development.
Sec. 1531k. (1) Beginning on the effective date of this
section, the superintendent of public instruction shall not issue
an initial advanced professional education certificate to an
individual, or renew an individual's advanced professional
education certificate, unless the individual presents evidence
satisfactory to the superintendent of public instruction
demonstrating that he or she meets all of the following:
(a) Has been rated as highly effective on his or her annual
year-end evaluation under section 1249 for 3 out of the 5 most
recent school years.
(b) Has not been rated ineffective on his or her annual year-
end evaluation under section 1249 within the 5 most recent school
years.
(c) Meets additional criteria established by the department.
(2) Not later than July 1, 2018, the superintendent of public
instruction, in consultation with the department of talent and
economic development 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 an advanced professional education
certificate in the same manner as state continuing education or
professional development.
Sec. 1536. (1) The state board shall develop a school
administrator's certificate that shall be issued to all school
district and intermediate school district superintendents, school
principals, assistant principals, and other administrators whose
primary responsibility is administering instructional programs and
who meet the requirements established under subsection (3). An
individual described in section 1246(1)(a) is not required by this
section to have a school administrator's certificate under this
section or an endorsement under subsection (2) to be employed as a
school administrator by a school district, public school academy,
intermediate school district, or nonpublic school.
(2) The state board also shall develop appropriate certificate
endorsements for school administrators, by elementary, secondary,
and central office level.
(3) The state board shall develop standards, and the
superintendent of public instruction shall develop procedures, to
implement this section. The standards and procedures shall address
at least all of the following:
(a) The educational and professional experience requirements
for a certificate or endorsement under this section.
(b) Continuing education requirements for periodic
recertification. These requirements shall be consistent with the
continuing education requirements under section 1246.
(c) Procedures for application for and issuance of
certificates and endorsements under this section.
(d) Standards and procedures for suspension and revocation of
a certificate. These standards and procedures shall be based on the
standards
and procedures for taking action against a person's an
House Bill No. 5145 as amended December 13, 2017
individual's teaching certificate under section 1535a.
(4) The department shall consult and work with appropriate
professional organizations, primarily organizations representing
superintendents and building-level administrators, in developing
the standards required under this section.
(5) For the purposes of adding 1 or more enhancement or
specialty endorsements for a school administrator's certificate,
the department may recognize performance-based professional
learning programs offered by established state professional
organizations that represent school administrators described in
subsection (1). These programs must be approved by the department
based on alignment with state board-approved school administrator
program preparation standards.
(6) A school administrator's certificate issued under this
section is valid for 5 years and shall be renewed upon completion
of renewal units as determined by the superintendent of public
instruction.
(7) The department shall recognize alternative pathways to
earning the basic school administrator's certificate based on
experience or alternative preparation, or both, if the alternative
certification program is submitted by an established state
professional organization and meets criteria set forth by state
board approved school administrator program preparation standards.
(8) Not later than July 1, 2018, the superintendent of public
instruction, in consultation with the department of talent and
economic development and groups [or individuals] representing employers,
economic
development agencies, trade unions, secondary school principals, [middle
and elementary school principals,]
House Bill No. 5145 as amended December 13, 2017
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 school administrator's certificate in the
same manner as state continuing education or professional
development.
(9) (8)
As used in this section,
"established state
professional organization" means an association that has served
members on a statewide basis for at least 10 years.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
