HB-5141, As Passed Senate, June 12, 2018

SENATE 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, 1249, and 1531 (MCL

380.553a, 380.1231, 380.1233, 380.1233b, 380.1249, and 380.1531),

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, section 1249 as amended by 2016 PA 170,

and section 1531 as amended by 2015 PA 159.

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,~~ February 6, 2020, 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.

(iii) Has at least 2 cumulative years of professional

experience in that same subject matter or field in the immediately

preceding 10 years.

(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 10 years. The superintendent of public

instruction may permit the board or board of directors to employ

the teacher for more than 10 years.

(7) ~~(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.

(8) 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.

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.~~this

requirement.

(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~~ both 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.

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 under 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~~

under 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~~ under 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~~ composed

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~~ composed 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~~ under 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 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.~~

(a) ~~(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.

(b) ~~(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 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 under 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 January 1, 2019, 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.

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.