Bill Text: MI HB5224 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Education; employees; performance evaluation requirements for school administrators; revise. Amends 1976 PA 451 (MCL 380.1 - 380.1852) by adding sec. 1249b. TIE BAR WITH: HB 5223'14
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2014-05-20 - Referred To Committee On Education [HB5224 Detail]
Download: Michigan-2013-HB5224-Engrossed.html
HB-5224, As Passed House, May 14, 2014
SUBSTITUTE FOR
HOUSE BILL NO. 5224
A bill to amend 1976 PA 451, entitled
"The revised school code,"
(MCL 380.1 to 380.1852) by adding section 1249b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1249b. (1) Beginning with the 2014-2015 school year, the
board of a school district or intermediate school district or board
of directors of a public school academy shall ensure that the
performance evaluation system required under section 1249 for
building-level school administrators and for central-office-level
school administrators who are regularly involved in instructional
matters meets all of the following:
(a) The performance evaluation system shall include at least
an annual evaluation for all school administrators described in
House Bill No. 5224 (H-4) as amended May 14, 2014
this subsection by the school district superintendent or his or her
designee, intermediate superintendent or his or her designee, or
chief administrator of the public school academy, as applicable,
except that a superintendent or chief administrator shall be
evaluated by the board or board of directors. An annual evaluation
shall meet all of the following:
(i) For the annual evaluation for the 2014-2015, 2015-2016, and
2016-2017 school years, 25% of the annual evaluation shall be based
on student growth and assessment data. Beginning with the annual
evaluation for the 2017-2018 school year, 40% of the annual
evaluation shall be based on student growth and assessment data.
(ii) Beginning in 2015-2016, 1/2 of the student growth and
assessment data shall be measured using the state student growth
assessment tool. For a pupil with an individualized education
program, a school district, intermediate school district, or public
school academy may use state-provided growth data for up to 1/2 of
the student growth and assessment data for that pupil or may use 1
or more locally determined student measures and assessments with
valid growth measurements, including, but not limited to,
individualized education program goals, for all of the student
growth and assessment data. [The balance between the use of state student
growth data from state assessment tools and locally determined student growth measures and assessment for a particular school administrator's growth rating shall be based on the instructional programs under the oversight of that school administrator, with state student growth data not to exceed 1/2 of the total growth rating for the school administrator.]
(iii) The portion of a school administrator's student growth and
assessment data that is not based on state-provided data as
described in subparagraph (ii) shall be based on 1 or more locally
determined student measures and assessments with valid growth
measurements, which may include student learning objectives or
individualized education program goals. These locally determined
student measures and assessments may either be locally developed or
created by a vendor. The locally determined student measures and
assessments shall be used consistently among the schools operated
by a school district or public school academy so that all similarly
situated school administrators are evaluated using the same
measures and assessments.
(iv) If there are student growth and assessment data for a
school administrator for at least 3 school years, the annual
evaluation shall be based on the student growth and assessment data
for the most recent 3-consecutive-school-year period. If there are
not student growth and assessment data available for a school
administrator for at least 3 school years, the annual evaluation
shall be based on all student growth and assessment data that are
available for the school administrator.
(b) The portion of the annual evaluation that is not based on
student growth and assessment data as provided in subdivision (a)
or the school administrator evaluation tool as provided in
subdivision (c) shall be based on at least the following for each
school in which the school administrator works as an administrator
or, for a central office level school administrator, for the entire
school district or intermediate school district:
(i) If the school administrator conducts teacher performance
evaluations, the school administrator's training and proficiency in
using the evaluation tool for teachers under section 1249,
including a random sampling of his or her teacher performance
evaluations to assess the quality of the school administrator's
input in the teacher performance evaluation system. If the school
administrator designates another person to conduct teacher
performance evaluations, the evaluation of the school administrator
on this factor shall be based on the designee's training and
proficiency in using the evaluation tool for teachers under section
1249, including a random sampling of the designee's teacher
performance evaluations to assess the quality of the designee's
input in the teacher performance evaluation system, with the
designee's performance to be counted as if it were the school
administrator personally conducting the teacher performance
evaluations.
(ii) The progress made by the school or school district in
meeting the goals set forth in the school's school improvement
plan, or the school district's school improvement plans, or a
combination of these.
(iii) Pupil attendance in the school or school district, as
applicable.
(iv) Student, parent, and teacher feedback, and other
information considered pertinent by the superintendent or other
person conducting the performance evaluation or the board or board
of directors.
(v) Demonstration of effective management and development of
instructional staff, unless this criterion is already required in
the evaluation tool or tools adopted for school administrators
under subsections (2) to (5).
(c) The portion of a school administrator's annual evaluation
that is not based on student growth and assessment data as provided
in subdivision (a) shall be based primarily on the school
administrator's performance as measured by the evaluation tool
adopted by the school district, intermediate school district, or
public school academy. By the beginning of the 2015-2016 school
year, the school district, intermediate school district, or public
school academy shall adopt and implement 1 or more of the approved
evaluation tools for school administrators as provided in
subsections (2) to (5). The evaluation tools shall be used
consistently among the schools operated by a school district,
intermediate school district, or public school academy so that all
similarly situated school administrators are evaluated using the
same evaluation tool.
(d) The school district, intermediate school district, or
public school academy shall ensure that an individual, school
board, or board of directors conducting an evaluation receives
training from the vendor or a training provider that has a contract
with the vendor to provide training using a vendor-approved
training program for the evaluation tool that is used by the school
district, intermediate school district, or public school academy.
The school district, intermediate school district, or public school
academy shall ensure that an individual or board conducting an
evaluation receives training in coaching, providing feedback, and
rater reliability. The individual or board should receive training
in coaching, providing feedback, and rater reliability at least
once every 3 years. The school district, intermediate school
district, or public school academy shall also provide information
to school administrators on the evaluation tool and how it is used.
(e) The performance evaluation system shall assign an
effectiveness rating to each school administrator described in this
subsection of highly effective, effective, minimally effective, or
ineffective, based on his or her score on the evaluation tool
described in subsections (2) to (5).
(f) The performance evaluation system shall ensure that if a
school administrator described in this subsection is rated as
minimally effective or ineffective, the person or persons
conducting the evaluation shall develop and require the school
administrator to implement an improvement plan to correct the
deficiencies. The improvement plan shall recommend professional
development opportunities and other measures designed to improve
the rating of the school administrator on his or her next annual
evaluation.
(g) The performance evaluation system shall provide that, if a
school administrator described in this subsection is rated as
ineffective on 3 consecutive annual evaluations, the school
district, public school academy, or intermediate school district
shall dismiss the school administrator from his or her employment.
However, this subdivision applies only if the 3 consecutive annual
evaluations are conducted using the same evaluation framework and
under the same performance evaluation system. This subdivision does
not affect the ability of a school district, intermediate school
district, or public school academy to dismiss an ineffective school
administrator from his or her employment regardless of whether the
school administrator is rated as ineffective on 3 consecutive
annual evaluations.
(h) The performance evaluation system shall provide that, if a
school administrator is rated as highly effective on 3 consecutive
annual evaluations, the school district, intermediate school
district, or public school academy may choose to conduct an
evaluation biennially instead of annually. However, if a school
administrator is not rated as highly effective on 1 of these
biennial evaluations, the school administrator shall again be
provided with annual evaluations.
(2) Subject to subsections (3) to (5), for the purposes of
evaluating school administrator performance as provided in
subsection (1), a school district, intermediate school district, or
public school academy shall use 1 or more of the following
evaluation tools:
(a) The school advance administrator evaluation system
developed by P. Reeves and P. McNeil.
(b) The D. Reeves leadership performance rubric.
(c) The R. Marzano school and district leadership evaluation.
(3) The department may designate 1 or more other evaluation
tools as acceptable for use under this section if the evaluation
tool meets the requirements for locally developed evaluation tools
as provided in subsection (5). If the department designates an
evaluation tool as acceptable, a school district, intermediate
school district, or public school academy may use that evaluation
tool for the purposes of evaluating school administrator
performance as provided in subsection (1). If at any point the
department determines that 1 of the approved evaluation tools
identified in this subsection fails to meet the requirements for
locally developed evaluation tools as provided in subsection (5),
the department may revoke the designation of that evaluation tool
as acceptable for use under this section.
(4) A school district, intermediate school district, or public
school academy may use 1 or more adaptations or modifications of an
evaluation tool that is acceptable for use under subsection (2) or
(3) for the purposes of evaluating school administrator performance
as provided in subsection (1) if the adaptations or modifications
meet all of the following and the school district, intermediate
school district, or public school academy provides assurance of all
of the following on its public website:
(a) The adaptations or modifications do not compromise the
validity of either the evaluation tool or the evaluation process.
(b) The adaptations or modifications have undergone review by
a person with expertise in school administrator evaluations and the
posted assurances include the identity and qualifications of the
person who conducted the review.
(c) The school district, intermediate school district, or
public school academy ensures that all evaluators and observers
receive initial and follow-up training from the vendor of the
evaluation tool that is being modified or from a training provider
that has a contract with the vendor to provide training using a
vendor-approved training program for the evaluation tool that is
being modified.
(5) A school district, intermediate school district, or public
school academy may use 1 or more locally developed evaluation tools
for the purposes of evaluating school administrator performance as
provided in subsection (1) if the school district, intermediate
school district, or public school academy provides all of the
following information about the locally developed evaluation tool
on its public website:
(a) The research base for the evaluation framework,
instrument, and process.
(b) The identity and qualifications of the author or authors.
(c) Either evidence of reliability, validity, and efficacy or
a plan for developing that evidence.
(d) The evaluation frameworks and rubrics with detailed
descriptors for each performance level on key summative indicators.
(e) A description of the processes for collecting evidence,
conducting evaluation conferences, developing performance ratings,
and developing performance improvement plans.
(f) A description of the plan for providing all evaluators and
observers with initial and follow-up training and the identity and
qualifications of the providers of that training.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 5223 of the 97th Legislature is enacted into
law.
