Bill Text: MI HB6012 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Education: teachers; strict compliance with certain requirements regarding assessments or other performance evaluations of teachers; suspend for the 2020-2021 school year. Amends secs. 1249 & 1249b of 1976 PA 451 (MCL 380.1249 & 380.1249b).
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced - Dead) 2020-08-06 - Bill Electronically Reproduced 07/23/2020 [HB6012 Detail]
Download: Michigan-2019-HB6012-Introduced.html
HOUSE BILL NO. 6012
July 23, 2020, Introduced by Reps. Kennedy,
Stone, Cherry, Hood, Brenda Carter, Shannon, Bolden, Cynthia Neeley, Kuppa,
Gay-Dagnogo, Wittenberg and Garrett and referred to the Committee on
Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 1249 and 1249b (MCL 380.1249 and 380.1249b), section 1249 as amended by 2019 PA 6 and section 1249b as amended by 2019 PA 5.
the people of the state of michigan enact:
Sec. 1249. (1) Subject to subsection subsections (4) and (9), with the involvement of teachers and
school administrators, the board of a school district or intermediate school
district or board of directors of a public school academy shall adopt and
implement for all teachers and school administrators a rigorous, transparent,
and fair performance evaluation system that does all of the following:
(a) Evaluates the
teacher's or school administrator's job performance at least annually while
providing timely and constructive feedback.
(b) Establishes clear
approaches to measuring student growth and provides teachers and school
administrators with relevant data on student growth.
(c) Evaluates a teacher's
or school administrator's job performance, using multiple rating categories
that take into account student growth and assessment data. Student growth must
be measured using multiple measures that may include student learning
objectives, achievement of individualized education program goals, nationally
normed or locally developed assessments that are aligned to state standards,
research-based growth measures, or alternative assessments that are rigorous
and comparable across schools within the school district, intermediate school
district, or public school academy. If the performance evaluation system
implemented by a school district, intermediate school district, or public
school academy under this section does not already include the rating of
teachers as highly effective, effective, minimally effective, and ineffective,
then the school district, intermediate school district, or public school
academy shall revise the performance evaluation system not later than September
19, 2011 to ensure that it rates teachers as highly effective, effective,
minimally effective, or ineffective.
(d) Uses the evaluations,
at a minimum, to inform decisions regarding all of the following:
(i) The effectiveness of teachers and school administrators,
ensuring that they are given ample opportunities for improvement.
(ii) Promotion,
retention, and development of teachers and school administrators, including
providing relevant coaching, instruction support, or professional development.
(iii) Whether to grant
tenure or full certification, or both, to teachers and school administrators
using rigorous standards and streamlined, transparent, and fair procedures.
(iv) Removing
ineffective tenured and untenured teachers and school administrators after they
have had ample opportunities to improve, and ensuring that these decisions are
made using rigorous standards and streamlined, transparent, and fair
procedures.
(2) The Subject to subsection (9), 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 for
teachers meets all of the following:
(a) The performance evaluation system must include at least
an annual year-end evaluation for all teachers. An annual year-end evaluation
must meet all of the following:
(i) For the 2018-2019 school year, 25%
of the annual year-end evaluation must be based on student growth and
assessment data. Beginning with the 2019-2020 school year, 40% Forty percent of the
annual year-end evaluation must be based on student growth and assessment data.
(ii) For core content
areas in grades and subjects in which state assessments are administered, 50%
of student growth must be measured using the state assessments, and the portion
of student growth not measured using state assessments must be measured using
multiple research-based growth measures or alternative assessments that are
rigorous and comparable across schools within the school district, intermediate
school district, or public school academy. Student growth also may be measured
by student learning objectives or nationally normed or locally adopted
assessments that are aligned to state standards, or based on achievement of
individualized education program goals.
(iii) The portion of a
teacher's annual year-end evaluation that is not based on student growth and
assessment data, as described under subparagraph (i), must be based
primarily on a teacher's performance as measured by the evaluation tool
developed or adopted by the school district, intermediate school district, or
public school academy under subdivision (f).
(iv) The portion of a
teacher's evaluation that is not measured using student growth and assessment
data, as described under subparagraph (i), or using the
evaluation tool developed or adopted by the school district, intermediate
school district, or public school academy, as described under subparagraph (iii), must incorporate criteria enumerated in section
1248(1)(b)(i) to (iii) that are not
otherwise evaluated under subparagraph (i) or (iii).
(b) If there are student growth and assessment data available
for a teacher for at least 3 school years, the annual year-end evaluation must
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 teacher for at least 3 school years, the annual
year-end evaluation must be based on all student growth and assessment data
that are available for the teacher.
(c) The annual year-end evaluation must include specific
performance goals that will assist in improving effectiveness for the next
school year and are developed by the school administrator or his or her
designee conducting the evaluation, in consultation with the teacher, and any
recommended training identified by the school administrator or designee, in
consultation with the teacher, that would assist the teacher in meeting these
goals. For a teacher described in subdivision (d), the school administrator or
designee shall develop, in consultation with the teacher, an individualized
development plan that includes these goals and training and is designed to
assist the teacher to improve his or her effectiveness.
(d) The performance evaluation system must include a midyear
progress report for a teacher who is in the first year of the probationary
period prescribed by section 1 of article II of 1937 (Ex Sess) PA 4, MCL 38.81,
or who received a rating of minimally effective or ineffective in his or her
most recent annual year-end evaluation. The midyear progress report must be
used as a supplemental tool to gauge a teacher's improvement from the preceding
school year and to assist a teacher to improve. All of the following apply to
the midyear progress report:
(i) The midyear
progress report must be based at least in part on student achievement.
(ii) The midyear
progress report must be aligned with the teacher's individualized development
plan under subdivision (c).
(iii) The midyear
progress report must include specific performance goals for the remainder of
the school year that are developed by the school administrator conducting the
annual year-end evaluation or his or her designee and any recommended training
identified by the school administrator or designee that would assist the
teacher in meeting these goals. At the midyear progress report, the school
administrator or designee shall develop, in consultation with the teacher, a
written improvement plan that includes these goals and training and is designed
to assist the teacher to improve his or her rating.
(iv) The midyear
progress report must not take the place of an annual year-end evaluation.
(e) The performance evaluation system must include classroom
observations to assist in the performance evaluations. All of the following
apply to these classroom observations:
(i) A classroom
observation must include a review of the teacher's lesson plan and the state
curriculum standard being used in the lesson and a review of pupil engagement
in the lesson.
(ii) A classroom
observation does not have to be for an entire class period.
(iii) Unless a teacher
has received a rating of effective or highly effective on his or her 2 most
recent annual year-end evaluations, there must be at least 2 classroom
observations of the teacher each school year. At least 1 observation must be
unscheduled.
(iv) The school
administrator responsible for the teacher's performance evaluation shall
conduct at least 1 of the observations. Other observations may be conducted by
other observers who are trained in the use of the evaluation tool that is used
under subdivision (f). These other observers may be teacher leaders.
(v) A school
district, intermediate school district, or public school academy shall ensure
that, within 30 days after each observation, the teacher is provided with
feedback from the observation.
(f) For the purposes of conducting annual year-end
evaluations under the performance evaluation system, by the beginning of the
2016-2017 school year, the school district, intermediate school district, or
public school academy shall adopt and implement 1 or more of the evaluation
tools for teachers that are included on the list under subsection (5). However,
if a school district, intermediate school district, or public school academy
has 1 or more local evaluation tools for teachers or modifications of an
evaluation tool on the list under subsection (5), and the school district,
intermediate school district, or public school academy complies with subsection
(3), the school district, intermediate school district, or public school
academy may conduct annual year-end evaluations for teachers using 1 or more
local evaluation tools or modifications. The evaluation tools must be used
consistently among the schools operated by a school district, intermediate
school district, or public school academy so that all similarly situated
teachers are evaluated using the same evaluation tool.
(g) The performance evaluation system must assign an
effectiveness rating to each teacher of highly effective, effective, minimally
effective, or ineffective, based on his or her score on the annual year-end
evaluation described in this subsection.
(h) As part of the performance evaluation system, and in
addition to the requirements of section 1526, a school district, intermediate
school district, or public school academy is encouraged to assign a mentor or
coach to each teacher who is described in subdivision (d).
(i) The performance evaluation system may allow for exemption
of student growth data for a particular pupil for a school year upon the
recommendation of the school administrator conducting the annual year-end
evaluation or his or her designee and approval of 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.
(j) The performance evaluation system must provide that, if a
teacher is rated as ineffective on 3 consecutive annual year-end evaluations,
the school district, intermediate school district, or public school academy shall
dismiss the teacher from his or her employment. This subdivision does not
affect the ability of a school district, intermediate school district, or
public school academy to dismiss a teacher from his or her employment
regardless of whether the teacher is rated as ineffective on 3 consecutive
annual year-end evaluations.
(k) The performance evaluation system must provide that, if a
teacher is rated as highly effective on 3 consecutive annual year-end
evaluations, the school district, intermediate school district, or public
school academy may choose to conduct a year-end evaluation biennially instead
of annually. However, if a teacher is not rated as highly effective on 1 of
these biennial year-end evaluations, the teacher shall must again be provided with annual year-end
evaluations.
(l) The performance
evaluation system must provide that, if a teacher who is not in a probationary
period prescribed by section 1 of article II of 1937 (Ex Sess) PA 4, MCL 38.81,
is rated as ineffective on an annual year-end evaluation, the teacher may
request a review of the evaluation and the rating by the school district
superintendent, intermediate superintendent, or chief administrator of the
public school academy, as applicable. The request for a review must be submitted
in writing within 20 days after the teacher is informed of the rating. Upon
receipt of the request, the school district superintendent, intermediate
superintendent, or chief administrator of the public school academy, as
applicable, shall review the evaluation and rating and may make any
modifications as appropriate based on his or her review. However, the
performance evaluation system must not allow for a review as described in this
subdivision more than twice in a 3-school-year period.
(m) The school district, intermediate school district, or
public school academy shall provide training to teachers on the evaluation tool
or tools used by the school district, intermediate school district, or public
school academy in its performance evaluation system and on how each evaluation
tool is used. This training may be provided by a school district, intermediate
school district, or public school academy, or by a consortium consisting of 2
or more of these.
(n) A school district, intermediate school district, or public
school academy shall ensure that training is provided to all evaluators and
observers. The training must be provided by an individual who has expertise in
the evaluation tool or tools used by the school district, intermediate school
district, or public school academy, which may include either a consultant on
that evaluation tool or framework or an individual who has been trained to
train others in the use of the evaluation tool or tools. This subdivision does
not prohibit a school district, intermediate school district, public school
academy, or consortium consisting of 2 or more of these, from providing the
training in the use of the evaluation tool or tools if the trainer has
expertise in the evaluation tool or tools.
(3) A school district, intermediate school district, or
public school academy shall post on its public website all of the following
information about the evaluation tool or tools it uses for its performance
evaluation system for teachers:
(a) The research base for the evaluation framework,
instrument, and process or, if the school district, intermediate school
district, or public school academy adapts or modifies an evaluation tool from
the list under subsection (5), the research base for the listed evaluation tool
and an assurance that the adaptations or modifications do not compromise the
validity of that research base.
(b) The identity and qualifications of the author or authors
or, if the school district, intermediate school district, or public school
academy adapts or modifies an evaluation tool from the list under subsection
(5), the identity and qualifications of a person with expertise in teacher
evaluations who has reviewed the adapted or modified evaluation tool.
(c) Either evidence of reliability, validity, and efficacy or
a plan for developing that evidence or, if the school district, intermediate
school district, or public school academy adapts or modifies an evaluation tool
from the list under subsection (5), an assurance that the adaptations or
modifications do not compromise the reliability, validity, or efficacy of the
evaluation tool or the evaluation process.
(d) The evaluation frameworks and rubrics with detailed
descriptors for each performance level on key summative indicators.
(e) A description of the processes for conducting classroom
observations, collecting evidence, conducting evaluation conferences,
developing performance ratings, and developing performance improvement plans.
(f) A description of the plan for providing evaluators and
observers with training.
(4) If a collective bargaining agreement was in effect for
teachers or school administrators of a school district, intermediate school
district, or public school academy as of July 19, 2011, if that same collective
bargaining agreement is still in effect as of November 5, 2015, and if that
collective bargaining agreement prevents compliance with subsection (1), then
subsection (1) does not apply to that school district, intermediate school
district, or public school academy until after the expiration of that collective
bargaining agreement.
(5) The department shall establish and maintain a list of
teacher evaluation tools that have demonstrated evidence of efficacy and that
may be used for the purposes of this section. That list initially must include
at least the evaluation models recommended in the final recommendations
released by the Michigan council on educator effectiveness in July 2013. The
list must include a statement indicating that school districts, intermediate
school districts, and public school academies are not limited to only using the
evaluation tools that are included on the list. A school district, intermediate
school district, or public school academy is not required to use an evaluation
tool for teacher evaluations that is the same as it uses for school
administrator evaluations or that has the same author or authors as the
evaluation tool it uses for school administrator evaluations. The department
shall promulgate rules establishing standards and procedures for adding an
evaluation tool to or removing an evaluation tool from the list. These rules
must include a process for a school district, intermediate school district, or
public school academy to submit its own evaluation tool for review for
placement on the list.
(6) The training required under subsection (2) must be paid
for from the funds available in the educator evaluation reserve fund created
under section 95a of the state school aid act of 1979, MCL 388.1695a.
(7) This section does not affect the operation or
applicability of section 1248.
(8) As used in this section, "teacher" means an
individual who has a valid Michigan teaching certificate or authorization or
who is engaged to teach under section 1233b; who is employed, or contracted
for, by a school district, intermediate school district, or public school
academy; and who is assigned by the school district, intermediate school
district, or public school academy to deliver direct instruction to pupils in
any of grades K to 12 as a teacher of record.
(9) A school district, intermediate school district, or
public school academy is not required to conduct an annual year-end evaluation
for teachers under its performance evaluation system as described in this
section for the 2020-2021 school year.
Sec. 1249b. (1) The Subject to subsection (5), 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 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 must include at least
an annual evaluation for all school administrators described in 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. However, a superintendent or chief administrator
shall be evaluated by the board or board of directors or, if the superintendent
or chief administrator is not employed directly by the board or board of
directors, by the designee of the board or board of directors.
(b) For
the 2018-2019 school year, 25% of the annual evaluation must be based on
student growth and assessment data. Beginning with the 2019-2020 school year,
40% Forty percent
of the annual evaluation must be based on student growth and
assessment data. The student growth and assessment data to be used for the
school administrator annual evaluation are the aggregate student growth and
assessment data that are used in teacher annual year-end evaluations in 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.
(c) For the purposes of conducting annual evaluations under
the performance evaluation system, the school district, intermediate school
district, or public school academy shall develop or adopt and implement an
evaluation tool for school administrators. The portion of a school
administrator's annual evaluation that is not based on student growth must be
based primarily on the school administrator's performance as measured by this
evaluation tool.
(d) The portion of the annual evaluation that is not based on
student growth and assessment data as provided under subdivision (b) or on an
evaluation tool as provided under subdivision (c) must 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 proficiency in using the evaluation tool for teachers used by
the school district, intermediate school district, or public school academy
under section 1249. If the school administrator designates another person to
conduct teacher performance evaluations, the evaluation of the school
administrator on this factor must be based on the designee's proficiency in
using the evaluation tool for teachers used by the school district,
intermediate school district, or public school academy under section 1249, 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.
(iii) Pupil attendance
in the school or school district.
(iv) Student, parent,
and teacher feedback, as available, and other information considered pertinent
by the superintendent or other school administrator conducting the performance
evaluation or the board or board of directors.
(e) For the purposes of conducting annual evaluations under
the performance evaluation system, by the beginning of the 2016-2017 school
year, the school district, intermediate school district, or public school
academy shall adopt and implement 1 or more of the evaluation tools for school
administrators that are included on the list under subsection (3). However, if
a school district, intermediate school district, or public school academy has 1
or more local evaluation tools for school administrators or modifications of an
evaluation tool on the list under subsection (3), and the school district,
intermediate school district, or public school academy complies with subsection
(2), the school district, intermediate school district, or public school
academy may conduct annual year-end evaluations for school administrators using
1 or more local evaluation tools or modifications.
(f) The evaluation tool and other measures used by the school
district, intermediate school district, or public school academy in its
performance evaluation system for school administrators must be used
consistently across 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 measures.
(g) The performance evaluation system must assign an
effectiveness rating to each school administrator described in this subsection
of highly effective, effective, minimally effective, or ineffective.
(h) The performance evaluation system must 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 must recommend professional
development opportunities and other actions designed to improve the rating of
the school administrator on his or her next annual evaluation.
(i) The performance evaluation system must provide that, if a
school administrator described in this subsection is rated as ineffective on 3
consecutive annual evaluations, the school district, intermediate school
district, or public school academy shall dismiss the school administrator from
his or her employment. This subdivision does not affect the ability of a school
district, intermediate school district, or public school academy to dismiss a
school administrator from his or her employment regardless of whether the
school administrator is rated as ineffective on 3 consecutive annual
evaluations.
(j) The performance evaluation system must 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 must again be provided
with annual evaluations.
(k) The school district, intermediate school district, or
public school academy shall provide training to school administrators on the
measures used by the school district, intermediate school district, or public
school academy in its performance evaluation system for school administrators
and on how each of the measures is used. This training may be provided by a
school district, intermediate school district, or public school academy, or by
a consortium consisting of 2 or more of these.
(l) A school
district, intermediate school district, or public school academy shall ensure
that training is provided to all evaluators and observers. The training must be
provided by an individual who has expertise in the evaluation tool or tools
used by the school district, intermediate school district, or public school
academy, which may include either a consultant on that evaluation tool or framework
or an individual who has been trained to train others in the use of the
evaluation tool or tools. This subdivision does not prohibit a school district,
intermediate school district, public school academy, or consortium consisting
of 2 or more of these, from providing the training in the use of the evaluation
tool or tools if the trainer has expertise in the evaluation tool or tools.
(2) A school district, intermediate school district, or
public school academy shall post on its public website all of the following
information about the measures it uses for its performance evaluation system
for school administrators:
(a) The research base for the evaluation framework,
instrument, and process or, if the school district, intermediate school
district, or public school academy adapts or modifies an evaluation tool from
the list under subsection (3), the research base for the listed evaluation tool
and an assurance that the adaptations or modifications do not compromise the
validity of that research base.
(b) The identity and qualifications of the author or authors
or, if the school district, intermediate school district, or public school
academy adapts or modifies an evaluation tool from the list under subsection
(3), the identity and qualifications of a person with expertise in teacher
evaluations who has reviewed the adapted or modified evaluation tool.
(c) Either evidence of reliability, validity, and efficacy or
a plan for developing that evidence or, if the school district, intermediate
school district, or public school academy adapts or modifies an evaluation tool
from the list under subsection (3), an assurance that the adaptations or
modifications do not compromise the reliability, validity, or efficacy of the
evaluation tool or the evaluation process.
(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 evaluators and
observers with training.
(3) The department shall establish and maintain a list of
school administrator evaluation tools that have demonstrated evidence of
efficacy and that may be used for the purposes of this section. That list
initially must include at least the 2 evaluation models recommended in the
final recommendations released by the Michigan council on educator
effectiveness in July 2013. The list must include a statement indicating that
school districts, intermediate school districts, and public school academies
are not limited to only using the evaluation tools that are included on the
list. A school district, intermediate school district, or public school academy
is not required to use an evaluation tool for school administrator evaluations
that is the same as it uses for teacher evaluations or that has the same author
or authors as the evaluation tool it uses for teacher evaluations. The department
shall promulgate rules establishing standards and procedures for adding an
evaluation tool to or removing an evaluation tool from the list. These rules
must include a process for a school district, intermediate school district, or
public school academy to submit its own evaluation tool for review for
placement on the list.
(4) The training required under subsection (1) must be paid
for from the funds available in the educator evaluation reserve fund created
under section 95a of the state school aid act of 1979, MCL 388.1695a.
(5) A
school district, intermediate school district, or public school academy is not
required to conduct an annual evaluation for building-level school
administrators and for central-office-level school administrators who are
regularly involved in instructional matters under its performance evaluation
system as described in this section for the 2020-2021 school year.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No.____ (request no. 07072'20 a) of the 100th Legislature is enacted into law.
