Public Act 101 of 2011: Amendments to the Michigan Teacher Tenure Law

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1 On July 19 th 2011, Governor Snyder signed into law the Teacher Quality and Tenure Reform bill package. These new laws make major changes to the Teacher Tenure Act, Revised School Code, and Public Employee Relations Act by revising teacher tenure rights, establishing new requirements for teacher evaluations and observations and imposing new limits on collective bargaining. Public Act 101 of 2011: Amendments to the Michigan Teacher Tenure Law Changes for Probationary Teachers: Increases the probationary period to the first five full school years (previously four) of employment. This also applies to current teachers that have not yet earned tenure. Specifies that a probationary teacher who is rated as effective or highly effective on their most recent annual year-end performance evaluation is not subject to being displaced by a teacher on continuing tenure solely because the other teacher has continuing tenure. Before the close end of each school year (previously 60 days notice), the controlling board shall provide a probationary teacher with a definite written statement as to whether or not their work has been effective. Eliminates the requirement that failure to submit a written statement shall be considered as conclusive evidence that the teacher's work is satisfactory. Probationary teachers or teachers not on continuing contract shall be employed for the ensuing year unless notified in writing at least 15 (previously 60) days before the end of the school year that their services will be discontinued. Specifies that a teacher who is in a probationary period may be dismissed from employment at any time. The annual year-end performance evaluation for probationary teachers shall be based on classroom observations and shall include at least an assessment of the teacher s progress in meeting the goals of his or her individualized development plan. (Eliminates requirement that evaluations be held at least 60 days apart, unless a shorter interval between the 2 classroom observations is mutually agreed upon by the teacher and the administration). The controlling board shall also determine the format and number of classroom observations in consultation with teachers and school administrators. A probationary teacher shall not be considered to have successfully completed the probationary period unless the teacher has been rated as effective or highly effective on his or her 3 most recent annual year-end performance evaluations. As a result the probationary period could last longer than 5 years. If a probationary teacher has been rated as highly effective on 3 consecutive annual year-end performance evaluations and has completed at least 4 years of employment in a probationary period, the teacher shall be considered to have successfully completed the probationary period. MichiganAssociationofSchoolAdministrators MichiganAssociationofIntermediateSchoolAdministrators

2 Changes to Continuing Tenure: The controlling board of the school district employing a teacher on continuing tenure shall ensure that the teacher is provided with a an annual year-end performance evaluation. If a teacher has received a rating of ineffective or minimally effective on an annual year-end performance evaluation, the school district shall provide the teacher with an individualized development plan developed by appropriate administrative personnel in consultation with the individual teacher. The IDP shall require the teacher to make progress toward specified goals within a specified time period, not to exceed 180 days. The performance evaluation shall be based on, but is not limited to, multiple classroom observations conducted during the period covered by the evaluation. The controlling board shall determine the format and number of classroom observations in consultation with teachers and school administrators. Appealing to the Tenure Commission An ALJ hearing date shall not be less than 10 days after the date the notice of hearing is furnished and shall not be more than 45 (previously 60) days after service of the controlling board's answer unless the tenure commission grants delay for good cause shown by the teacher or controlling board. The hearing shall be concluded not later than 75 (previously 90) days after the teacher's claim of appeal was filed with the tenure commission. Public Act 100 of 2011: Amendments to the Michigan Teacher Tenure Law Changes to the Evidentiary Standard and Demotion Changes definition of demote to mean to suspend without pay for 15 or more consecutive days or reduce compensation for a particular school year by more than an amount equivalent to 30 (previously 3) days compensation or to transfer to a position carrying a lower salary. Replaces the reasonable and just cause standard to a reason that is not arbitrary and capricious. Suspension Procedures Provides for salary escrow only if criminal charges have been filed against a teacher. Leave of Absence As a condition to reinstating the teacher at the expiration of the leave of absence, a controlling board may require a teacher who is on an unrequested leave of absence due to physical or mental disability to furnish verification acceptable to the controlling board of the teacher s ability to perform their essential job functions. MichiganAssociationofSchoolAdministrators MichiganAssociationofIntermediateSchoolAdministrators

3 Public Act 102 of 2011: Amendments to the Michigan School Code Personnel Decisions: When conducting a staffing or program reduction or any other personnel determination resulting in the elimination of a position or when conducting a recall or eliminating personnel the following applies: 1. The school district shall not adopt, implement or comply with a policy that provides that length of service or tenure status is the primary or determining factor in personnel decisions. However, if a personnel decision involves two or more employees and all other factors distinguishing those employees from each other are equal, then length of service or tenure status may be considered as a tiebreaker. 2. The school district shall adopt, implement, maintain, and comply with a policy that provides that all personnel decisions resulting in a recall, reduction, elimination or hiring are based on retaining effective teachers. The policy shall ensure that a teacher that has been rated as ineffective under the performance evaluation system is not given any preference that result in that teacher being retained over a teacher who is evaluated as minimally effective, effective, or highly effective. 3. Personnel decisions shall be based on the following factors: a. Individual performance shall be the majority factor. Individual performance shall include evidence of student growth, demonstrated pedagogical skills, class management, and attendance and disciplinary record. b. Significant, relevant accomplishments and contributions c. Relevant special training If a district has a collective bargaining agreement in place that conflicts with the listed changes, then the changes do not apply until after the expiration of the agreement. If a teacher challenges the district's personnel decisions, the teacher's sole and exclusive remedy shall be an order of reinstatement commencing 30 days after a court decision. No remedy can include lost wages, lost benefits or economic damages. Performance Evaluation System (PES) Changes - Teachers: A school district performance evaluation system must include the rating of teachers as highly effective, effective, minimally effective, and effective. A school district shall revise their performance evaluation system within 60 days after the effective date of this act to include rating language. MichiganAssociationofSchoolAdministrators MichiganAssociationofIntermediateSchoolAdministrators

4 Beginning with the school year, the board of a school district, PSA or ISD shall ensure that the performance evaluation system for teachers include the following criteria: 1. A year-end evaluation: a. In , at least 25% of the annual year-end evaluation shall be based on student growth and assessment data (at least 40% in , and at least 50% in ). b. Be based on the student growth and assessment data for the most recent 3 consecutive school year period (or data that is available). c. Include specific performance goals that will assist in improving effectiveness for the next school year. d. For a teacher requiring a 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 that is designed to assist the teacher to improve their rating. 2. A midyear progress report for a teacher who is in the first year of the probationary period, or who received a rating of minimally effective or ineffective in their most recent annual evaluation. The midyear progress report shall be based in part on student achievement, aligned with the teachers IDP and include specific performance goals for the remainder of the school year. The school administrator or designee shall develop, in consultation with the teacher, a written improvement plan that includes these goals and training that is designed to assist the teacher to improve their rating. 3. Classroom observations to assist in the performance evaluations. The manner in which classroom observations are conducted shall be prescribed in the state evaluation tool. Classroom observations shall include a review of the teacher s lesson plans and the state curriculum standard being used. The classroom evaluation does not have to last for an entire class period. Additionally, must conduct multiple classroom observations of the teacher each school year unless a teacher has received a rating of effective or highly effective on their 2 most recent year-end evaluations. 4. The school district, intermediate school district or public school academy shall adopt the state evaluation, unless they have a local evaluation tool that is consistent with the state evaluation tool, they may conduct annual year end evaluations using that tool. 5. Assign an effectiveness rating (highly effective, ineffective, minimally effective, and ineffective) to each teacher that is based on their score on the annual year end evaluation. 6. A district is encouraged to mentor or coach each teacher who is rated as minimally effective or ineffective. MichiganAssociationofSchoolAdministrators MichiganAssociationofIntermediateSchoolAdministrators

5 7. The PES may allow for an 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 their designee and approval of the superintendent or their designee. 8. Any teacher that is rated ineffective on 3 consecutive annual evaluations must be dismissed from employment. 9. A school district may choose to conduct biennial year end evaluations for teachers who are rated as highly effective on 3 consecutive annual evaluations. 10. A teacher who is not in a probationary period and is rated as ineffective may request a review of the evaluation and rating by the superintendent within 20 days after the teacher is informed of the rating. Performance Evaluation System (PES) Changes - Administrators: Beginning with the School Year, the board of a school district, intermediate school district or public school academy shall ensure that the evaluation system for building level school administrators and for central office level administrators who are regularly involved in instructional matters meet all of the following: 1. An annual year end evaluation conducted by the superintendent or their designee. The superintendent must be evaluated by the board. 2. Beginning in , at least 25% of the annual year-end evaluation shall be based on student growth and assessment data (at least 40% in , and at least 50% in ). The student growth and assessment data shall be the aggregate student growth and assessment data that are used in teacher year end evaluations in each school (or district) in which the administrator works. 3. The portion of the annual evaluation that is not based on student growth and assessment data shall be based on AT LEAST the following: The school administrator s training and proficiency in using the evaluation tool for teachers, including a random sampling of their evaluations. If the school administrator designates another person to conduct the teacher performance evaluation, the evaluation of that administrator should be based on the designee s training and proficiency using the evaluation tool, including a random sampling of the evaluations to assess the quality. Progress made by the school or school district in meeting the goals set forth in the improvement plan. Pupil attendance MichiganAssociationofSchoolAdministrators MichiganAssociationofIntermediateSchoolAdministrators

6 Student, parent, and teacher feedback, and any other information considered pertinent by the superintendent. 4. The school district, intermediate school district or public school academy shall adopt and implement the state evaluation tool unless they have a local evaluation tool that is consistent with the state evaluation tool. 5. Assign an effectiveness rating (highly effective, effective, minimally effective, and ineffective) to each administrator that is based on their score on the annual year end evaluation. 6. The performance evaluation system shall ensure that if a school administrator is rated as minimally effective, the person or persons conducting the evaluation shall develop and implement an improvement to correct the deficiencies. The improvement plan shall recommend professional development opportunities and other measures designed to improve the rating of the school administrator on their next evaluation. 7. Shall provide that, if a school administrator is rated as ineffective on 3 consecutive evaluations, the district shall dismiss them from employment. However, this only applies if the 3 consecutive evaluations are conducted using the same performance evaluation tool. 8. The school district may choose to conduct an evaluation biennially instead of annually if a school administrator is rated as highly effective on 3 consecutive evaluations. Governor s Council on Educator Effectiveness: Development of the Governor s Council on Educator Effectiveness. The commission will include the following: 1. Consists of 5 voting members: Governor (3), Senate Majority Leader (1), Speaker (1), State Superintendent (non-voting) 2. No later than October 31 st, 2011 the commission will contract with outside experts as necessary. 3. The Governor shall appoint an advisory committee for the council to provide for input on the council s recommendations. The advisory committee shall consist of public school teachers, public school administrators and parents of public school pupils. No later than April 30, 2012, the Governor s Council on Educator Effectiveness shall submit to the state board, governor, and legislature a report that identifies and recommends all of the following for the purposes of a statewide evaluation process: 1. Development of a student growth and assessment tool that meets the following criteria: Is a value added model that takes into account student achievement data and is based on an assessment tool that has been determined to be reliable and valid for the purposes of measuring value-added data. MichiganAssociationofSchoolAdministrators MichiganAssociationofIntermediateSchoolAdministrators

7 In addition to measuring student growth in the core subject areas of mathematics, science, english and social science, will measure growth in other subject areas. Complies with state and federal disability laws Has at least a pre and post test Is able to be used for pupils of all achievement levels 2. A state evaluation tool for teachers that meets the following criteria: In addition to the student growth and assessment, it may assess, instructional leadership abilities, professional contributions, training progress, achievement, school improvement, plan progress and pupil and parent feedback. Ensures that special education teachers will be rated Incorporates best practices from school districts, intermediate school districts, and public school academies that have already implemented successful evaluation systems. 3. A state evaluation tool for administrators that meets the following criteria: In addition to the growth and assessment, it may include but is NOT limited to, teacher and pupil attendance, graduation rates, professional contributions, training, progress report achievement, school improvement plan progress, peer input and pupil and parent feedback. 4. Recommended changes to a teaching certificate that that will ensure that a teacher is not required to complete additional postsecondary credit beyond what is required for a provisional certificate 5. A process for evaluating and approving local evaluation tools. Teacher and School Administrator Evaluation Tool Exemptions A school district, intermediate school district or public school academy are not required to comply with the teacher and school administrator evaluation tools if all the following apply: 1. Has implemented a performance evaluation system that meets the following criteria. i) Most significant portion is based on student growth and assessment data ii) Uses research based measures to determine student growth iii) Determines professional competence through multiple direct observations iv) Teacher effectiveness and ratings, as measured by student achievement and growth data, are factored into teacher retention, promotion and termination decisions. v) Teacher and school administrator results are used to inform teacher professional development for the succeeding year. vi) Ensures that teachers and administrators are evaluated annually. MichiganAssociationofSchoolAdministrators MichiganAssociationofIntermediateSchoolAdministrators

8 2. Notifies the Governor s Council on Educator Effectiveness by November 1 st, 2011 that it is exempt from the teacher and administrator evaluation requirements 3. Posts a description of the evaluation system on its website. A district would also be exempt from complying from the state teacher and school administrator evaluation tool if it implements a new evaluation tool that is identical to a performance evaluation system has been previously exempted under law. That district would also have to post a description of that system on its website. Parent Notification of Ineffective Teachers Beginning with the school year, any parent whose student has been assigned to a teacher, rated as ineffective on the past 2 annual year-end evaluations, must be notified by the district. The written notification must be delivered to the parent or legal guardian by July 15 proceeding the school year in which the student will be assigned to that teacher. Public Act 102 of 2011: Amendments to the Public Employment Relations Act Collective bargaining between a public school employer and a bargaining representative of its employees shall NOT include any of the following subjects: 1. Any decision made by the public school employer regarding the placement of teachers. 2. Decisions about the development, content, standards, procedures, adoption and implementation of the public school employer s policies regarding personnel decisions when conducting a reduction in force or any other personnel determination resulting in the elimination of a position or a recall from a reduction in force or any other personnel determination resulting in the elimination of a position or in hiring after a reduction in force or any other personnel determination resulting in elimination of a position. 3. Decisions about the development, content, standards, procedures, adoption and implementation of a public school employer s performance evaluation system. 4. Decisions about the development, content, standards, procedures adoption and implementation of a policy regarding discharge or discipline of an employee. 5. Decisions about the format, timing or number of classroom observations conducted. 6. Decisions about the development, content, procedures, standards, adoption and implementation of method of compensation required and decisions about how an employee performance evaluation is used to determine performance-based compensation of an individual employee. MichiganAssociationofSchoolAdministrators MichiganAssociationofIntermediateSchoolAdministrators

9 . 7. Decisions about the development, format, content and procedures of the notification to parents and legal guardians. MichiganAssociationofSchoolAdministrators MichiganAssociationofIntermediateSchoolAdministrators

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