HB-5141, As Passed House, December 13, 2017

SUBSTITUTE FOR

HOUSE BILL NO. 5141

A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending sections 553a, 1231, 1233, 1233b, and 1249 (MCL

380.553a, 380.1231, 380.1233, 380.1233b, and 380.1249), section

553a as amended by 2011 PA 277, section 1231 as amended by 2016 PA

192, section 1233 as amended by 2017 PA 151, section 1233b as

amended by 1995 PA 289, and section 1249 as amended by 2016 PA 170.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 553a. (1) An authorizing body may issue a contract to

establish a school of excellence that is a cyber school. A cyber

school shall provide full-time instruction to pupils through online

learning or otherwise on a computer or other technology, and this

instruction and learning may occur remote from a school facility.

(2) A contract for a school of excellence that is a cyber

school shall include all of the provisions required under section

553 and all of the following:

(a) A requirement that a teacher who holds appropriate

certification according to state board rule or who is engaged to

teach under section 1233b will be responsible for all of the

following for each course in which a pupil is enrolled:

(i) Improving learning by planned instruction.

(ii) Diagnosing the pupil's learning needs.

(iii) Assessing learning, assigning grades, and determining

advancement.

(iv) Reporting outcomes to administrators and parents or legal

guardians.

(b) A requirement that the cyber school will make educational

services available to pupils for a minimum of at least 1,098 hours

during a school year and will ensure that each pupil participates

in the educational program for at least 1,098 hours during a school

year.

(3) Notwithstanding any other provision of this act or any

rule, if a school of excellence that is a cyber school is in

compliance with the requirements of subsection (2)(a) regarding a

certificated teacher or a teacher engaged to teach under section

1233b, any other adult assisting with the oversight of a pupil

during the pupil's participation in the cyber school's education

program is not required to be a certificated teacher, a teacher

engaged to teach under section 1233b, or an employee of the school.

(4) Notwithstanding any rule to the contrary, a cyber school

is not required to comply with any rule that would require a

pupil's physical presence or attendance in a classroom.

(5) At the end of a cyber school's second complete school year

of operations, the authorizing body of a school of excellence that

is a cyber school shall submit to the superintendent of public

instruction and the legislature, in the form and manner prescribed

by the superintendent of public instruction, a report detailing the

operation of the cyber school, providing statistics of pupil

participation and academic performance, and making recommendations

for any further statutory or rule change related to cyber schools

and online learning in this state.

Sec. 1231. (1) Except as otherwise provided in subsection (5),

the board of a school district shall hire and contract with

qualified teachers. Contracts with teachers shall be in writing and

signed on behalf of the school district by a majority of the board,

by the president and secretary of the board, or by the

superintendent of schools or an authorized representative of the

board. The contracts shall specify the wages agreed upon.

(2) A teacher's contract shall be filed with the secretary of

the board and a duplicate copy of the contract shall be furnished

to the teacher.

(3) Except as otherwise provided under this act, a contract

with a teacher is not valid unless the individual holds a valid

teaching certificate or is engaged to teach under section 1233b at

the time the contractual period begins or the individual is engaged

to teach in a community district under section 1233c. A contract

shall terminate if the certificate expires by limitation and is not

renewed immediately or if it is suspended or revoked by proper

legal authority.

(4) The board of a school district, after a teacher has been

employed at least 2 consecutive years by the board, may enter into

a continuing contract with a certificated teacher or a teacher

engaged to teach under section 1233b or, for a community district,

with an individual engaged to teach in a community district under

section 1233c.

(5) The ~~school~~ board of a school district that is a community

district may employ or contract for, or both, qualified teachers

and other qualified instructional personnel at a public school that

formerly operated as an achievement school ~~, as defined in section~~

~~3 of the state school aid act of 1979, MCL 388.1603,~~ as necessary

to carry out the purposes of the community district.

(6) As used in this section: ~~, "teacher"~~

(a) "Achievement school" means a public school formerly within

the education achievement system that was operated, managed,

authorized, established, or overseen by the achievement authority.

(b) "Teacher" does not include a substitute teacher.

Sec. 1233. (1) Except as otherwise provided by law, and

subject to ~~section~~ sections 1233b and 1233c, the board of a school

district or ~~intermediate school board of an~~ intermediate school

district shall not permit a teacher who does not hold a valid

teaching certificate to teach in a grade or department of the

school.

(2) The board of a school district or ~~intermediate school~~

~~board of an~~ intermediate school district shall not allow an

individual to serve in a counseling role in the school district or

intermediate school district, as the role is defined by the

superintendent of public instruction, unless the individual meets 1

or more of the following:

(a) The individual holds a valid teaching certificate with a

school counseling endorsement.

(b) The individual meets all of the following:

(i) Holds a master's degree awarded after completion of an

approved school counselor education program that includes at least

all of the following skills and content areas or their equivalent:

(A) Guidance services--philosophy, principles, and practices.

(B) Individual and group analysis--nature and range of human

characteristics and appraisal methods.

educational and occupational information.

(D) Counseling theory and practice--individual and group

procedures, administration and coordination relationships,

professional relationships, and ethics.

(E) Supervised experiences--laboratory, practicum, or

internship.

(F) Evaluation--statistics and research methodology, follow-up

evaluation, and measurement methods.

(ii) Has successfully completed the department's guidance

counselor examination.

(iii) Has been recommended by an approved school counselor

education program to provide services as a school counselor.

(i) Has at least 5 years of successful experience serving in a

school counseling role in another state within the immediately

preceding 7-year period.

(ii) Has successfully completed the department's guidance

counselor examination.

(3) Except for teachers engaged to teach under section 1233b

and teachers engaged to teach in a community district under section

1233c, the intermediate superintendent shall notify the

superintendent of public instruction immediately of the names of

noncertificated teachers teaching in violation of subsection (1)

and the names of individuals serving in counseling roles in

violation of subsection (2), the employing district, and the amount

of time the noncertificated teachers or unqualified individuals

were employed.

(4) A vocational teacher preparation institution shall utilize

the employment experience of an annually authorized teacher for the

purpose of waiving student teaching as a requirement for vocational

certification if the annually authorized teacher is supervised by

the teacher preparation institution.

(5) All vocational education teachers certified after June 1,

1995 shall pass a competency test.

(6) The board of a school district or intermediate school

district may employ an individual without a teaching certificate as

a substitute teacher if the individual has at least 90 semester

hours of college credit from a college or university.

(7) Beginning 2 years after the effective date of the

amendatory act that added this subsection, the department shall not

renew an individual's school counselor credential unless the

department determines that, within the time period since the

individual's school counselor credential was issued or last

renewed, whichever is most recent, the individual has completed at

least 25 hours of professional development approved by the

department under subsection (9) covering counseling about the

college preparation and selection process and at least 25 hours of

professional development approved by the department under

subsection (9) covering career counseling. For the purposes of this

subsection, career counseling includes, but is not limited to,

exploration of military career options and the skilled trades as

well as other careers and pathways that lead to industry

credentials awarded in recognition of an individual's attainment of

measurable technical or occupational skills necessary to obtain

employment or advance within an occupation. The hours of

professional development required under this subsection covering

career counseling shall include at least 5 hours covering military

career options. The hours of professional development required

under this subsection are a part of and not in addition to

professional development requirements under department rule.

(8) An individual may complete the professional development

hours for the purposes of subsection (7) as part of the

professional development provided by a school district,

intermediate school district, public school academy, or nonpublic

school under section 1527 if the content and curriculum of the

professional development provided under section 1527 are approved

by the department under subsection (9).

(9) The department shall approve the professional development

for the purposes of subsection (7). The department shall only

approve a professional development program or course for the

purposes of subsection (7) if the department determines that the

content and curriculum for the professional development meet

standards that are developed by the department in consultation with

the department of talent and economic development and groups

representing school counselors, college admissions professionals,

financial aid officers, employers, and others as determined

appropriate by the department. The department shall develop these

standards by July 1, 2018 and shall facilitate the involvement in

the development of the standards of the groups required under this

subsection.

(10) The superintendent of public instruction shall promulgate

or modify rules as necessary to implement subsections (7) to (9).

Sec. 1233b. (1) ~~Except~~ Subject to subsection (2) and except as

provided in subsection (3), the board of a ~~local~~ school district or

intermediate school district or the board of directors of a public

school academy may engage a full-time or part-time noncertificated,

nonendorsed teacher to teach a course in computer science, a

foreign language, mathematics, biology, chemistry, engineering,

physics, robotics, or in another subject area determined by the

state board to be appropriate to be included under this section and

so designated by the state board, or any combination of these

subject areas, in grades 9 through 12, or in an industrial

technology education program or a career and technical education

program.

(2) Subject to ~~subsection (3),~~ subsections (3) and (6), a

noncertificated, nonendorsed teacher is qualified to teach ~~pursuant~~

to under this section if he or she meets ~~all~~ at least 1 of the

following minimum requirements:

(a) All of the following:

(i) ~~(a)~~ Possesses an earned bachelor's degree from an

accredited postsecondary institution.

(ii) ~~(b)~~ Has a major or a graduate degree in the field of

specialization in which he or she will teach.

(iii) ~~(c)~~ If the teacher desires to teach for more than 1

year, has passed both a basic skills examination and a subject area

examination, if a subject area examination exists, in the field of

specialization in which he or she will teach.

(iv) ~~(d)~~ Except in the case of ~~persons~~ individuals engaged to

teach a foreign language, has, in the 5-year period immediately

preceding the date of hire, not less than 2 years of occupational

experience in the field of specialization in which he or she will

teach.

(b) For teaching a course in an industrial technology

education program or a career and technical education program, is

engaged to teach in a subject matter or field in which the teacher

has achieved expertise, as determined by the board of a school

district or intermediate school district or board of directors of a

public school academy, and satisfies all of the following:

(i) Has a high school diploma or a high school equivalency

certificate as defined in section 4 of the state school aid act of

1979, MCL 388.1604.

(ii) For teaching in a subject matter or field in which a

professional license or certification is required, at least 1 of

the following:

(A) Holds a professional license or certification in that same

subject matter or field.

(B) Previously held a professional license or certification in

that same subject matter or field that expired no more than 2 years

before the noncertificated, nonendorsed teacher's initial

employment under this section and was in good standing immediately

before the license or certification expired.

Apprentice and Training Committee program registered with the

United States Department of Labor Office of Apprenticeship.

(iii) Has at least 3 consecutive years of professional

experience in that same subject matter or field.

(iv) Completes at least 6 hours of training that is provided

by the school district, intermediate school district, or public

school academy in which he or she intends to teach before beginning

teaching under this section, and at least an additional 6 hours of

training within his or her first 2 months of teaching under this

section. The training required under this subparagraph must include

at least all of the following:

(A) Recurring feedback sessions that include discussions on

the development and implementation of concrete plans to improve an

individual's teaching skills in order to increase pupil learning.

(B) Working with veteran teachers to improve an individual's

teaching skills in order to increase pupil learning.

(D) A study of the fundamentals of teaching and the practice

of teaching techniques.

(3) The requirements listed in subsection (2) for a teacher

engaged to teach ~~pursuant to~~ under this section shall be in

addition to any other requirements established by the board of a

~~local~~ school district or intermediate school district or board of

directors of a public school academy, as applicable.

(4) Except as provided in subsection (5), the board of a ~~local~~

school district or intermediate school district or board of

directors of a public school academy shall not engage a full-time

or part-time noncertificated, nonendorsed teacher to teach a course

described in subsection (1) if the district or public school

academy is able to engage a certificated, endorsed teacher.

(5) If Subject to subsection (6), if the board of a ~~local~~

school district or intermediate school district or board of

directors of a public school academy is able to engage a

certificated, endorsed teacher to teach a course described in

subsection (1), the ~~local or intermediate school~~ board or board of

directors may employ or continue to employ a noncertificated,

nonendorsed teacher to teach the course if ~~both of the following~~

~~conditions are met:~~the noncertificated, nonendorsed teacher meets

at least 1 of the following:

(a) Both of the following:

(i) ~~(a)~~ The noncertificated, nonendorsed teacher is annually

and continually enrolled and completing credit in an approved

teacher preparation program leading to a provisional teaching

certificate.

(ii) ~~(b)~~ The noncertificated, nonendorsed teacher has a

planned program leading to teacher certification on file with the

employing school district or intermediate school district or public

school academy, his or her teacher preparation institution, and the

department. ~~of education.~~

(b) Is engaged to teach in an industrial technology education

program or a career and technical education program and meets the

requirements under subsection (2)(b).

(6) The board of a school district or intermediate school

district or board of directors of a public school academy may

employ a noncertificated, nonendorsed teacher who meets the

requirements of subsection (2)(b) to teach in an industrial

technology education program or a career and technical education

program for up to 3 years. The board or board of directors may

employ the teacher for more than 3 years if the teacher meets both

of the following in his or her first 3 years of employment under

this section:

(a) Engages in professional development that meets the

requirements for intensive professional development under section

1526 and that includes instruction on at least all of the

following:

(i) Current research, trends, and best practices in education.

(ii) Lesson design, assessment, and grading.

(iii) Classroom management and maintaining a safe classroom

environment.

(iv) Instructional strategies and delivery.

(v) Compliance and legal issues for educators.

(vi) Developmentally appropriate practice and child

development.

(vii) Differentiated instruction and diverse learners.

(b) Is rated as effective or highly effective under section

1249 for each of his or her first 3 years of employment under this

section.

(7) If a noncertificated, nonendorsed teacher fulfills the

requirements under subsection (6), the superintendent of public

instruction shall issue a document to the teacher that indicates

that the teacher has fulfilled the requirements under subsection

(6), in a form and manner prescribed by the department.

(8) ~~(6)~~ If the noncertificated, nonendorsed teacher completes

3 years of successful classroom teaching, as determined by regular

observation and review by school district, intermediate school

district, or public school academy personnel and teacher

preparation institution personnel, the department ~~of education~~ and

a teacher preparation institution shall utilize the teaching

experience of a noncertificated, nonendorsed teacher for the

purpose of waiving student teaching as a condition for receiving a

continued employment authorization in the school district,

intermediate school district, or public school academy and a

provisional teaching certificate.

(9) An individual engaged to teach under this section is

subject to the requirements of sections 1526 and 1527.

Sec. 1249. (1) Subject to subsection (4), 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.

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 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 shall include at least

an annual year-end evaluation for all teachers. Beginning with the

2015-2016 school year, an annual year-end evaluation shall meet all

of the following:

(i) For the 2015-2016, 2016-2017, and 2017-2018 school years,

25% of the annual year-end evaluation shall be based on student

growth and assessment data. Beginning with the 2018-2019 school

year, 40% of the annual year-end evaluation shall be based on

student growth and assessment data.

(ii) Beginning with the 2018-2019 school year, 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) Beginning with the 2016-2017 school year, 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),

shall 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), shall

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 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 teacher for

at least 3 school years, the annual year-end evaluation shall be

based on all student growth and assessment data that are available

for the teacher.

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 shall 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 shall 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 shall be based at least in

part on student achievement.

(ii) The midyear progress report shall be aligned with the

teacher's individualized development plan under subdivision (c).

(iii) The midyear progress report shall 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 shall not take the place of

an annual year-end evaluation.

(e) The performance evaluation system shall include classroom

observations to assist in the performance evaluations. All of the

following apply to these classroom observations:

(i) A classroom observation shall 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 shall be at least 2 classroom observations of

the teacher each school year. Beginning with the 2016-2017 school

year, at least 1 observation must be unscheduled.

(iv) Beginning with the 2016-2017 school year, 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) Beginning with the 2016-2017 school year, 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 shall 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 shall 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 shall provide that, if a

teacher is rated as ineffective on 3 consecutive annual year-end

evaluations, the school district, public school academy, or

intermediate school district 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 shall 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 again be provided with annual year-

end evaluations.

(l) The performance evaluation system shall 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 shall not allow

for a review as described in this subdivision more than twice in a

3-school-year period.

(m) Beginning with the 2016-2017 school year, 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) Beginning with the 2016-2017 school year, a school

district, intermediate school district, or public school academy

shall ensure that training is provided to all evaluators and

observers. The training shall 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) Beginning with the 2016-2017 school year, 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.

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, public

school academy, or intermediate school district 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, public school academy,

or intermediate school district 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 shall include at least the evaluation models

recommended in the final recommendations released by the Michigan

council on educator effectiveness in July 2013. The list shall

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 shall 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) shall be paid

for from the funds available in the educator evaluation reserve

fund created under section 95a of the state school aid act, 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.

Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.

Enacting section 2. This amendatory act does not take effect

unless House Bill No. 5142 of the 99th Legislature is enacted into

law.