HOUSE BILL No. 5215 October 1, 1997, Introduced by Reps. Brown, Gire, Kilpatrick, Callahan, Goschka, LaForge, Palamara, Schauer, Hanley, Kelly, Martinez, Leland, Baird, Agee, Gubow, DeHart, Bogardus, Schermesser and Thomas and referred to the Committee on Education. A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1531 (MCL 380.1531), as amended by 1995 PA 289. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1531. (1) Except as provided in this act, the state 2 board shall determine the requirements for and issue all licenses 3 and certificates for teachers, including preprimary teachers, and 4 the requirements for an endorsement of teachers as qualified 5 counselors and an endorsement of teachers for teaching a foreign 6 language in an elementary grade in the public schools of the 7 state. 8 (2) Except as otherwise provided in this act, the state 9 board shall only issue a teaching certificate to a person who has 10 passed appropriate examinations as follows: 03406'97 * TAV 2 1 (a) For a secondary level teaching certificate, has passed 2 both the basic skills examination and the appropriate available 3 subject area examination for each subject area in which he or she 4 applies to be certified. 5 (b) For an elementary level teaching certificate, has passed 6 the basic skills examination and, if it is available, the elemen- 7 tary certification examination, and has passed the appropriate 8 available subject area examination for each subject area, if any, 9 in which he or she applies to be certified. 10 (3) Except as otherwise provided in this act, the state 11 board shall issue a Michigan teaching certificate to a person 12 holding a certificate from another state or a teaching degree 13 from an out-of-state teacher preparation institution who applies 14 for a Michigan teaching certificate only if the person passes 15 appropriate examinations as follows: 16 (a) For a secondary level teaching certificate, pass both 17 the basic skills examination and the appropriate available 18 subject area examination for each subject area in which he or she 19 applies to be certified. The state board may accept passage of 20 an equivalent examination approved by the state board to meet 1 21 or both of these requirements. 22 (b) For an elementary level teaching certificate, pass the 23 basic skills examination and, if it is available, the elementary 24 certification examination, and pass the appropriate available 25 subject area examination for each subject area, if any, in which 26 he or she applies to be certified. The state board may accept 03406'97 * 3 1 passage of an equivalent examination approved by the state board 2 to meet 1 or more of these requirements. 3 (4) EXCEPT AS OTHERWISE PROVIDED IN THIS ACT, THE STATE 4 BOARD SHALL ONLY ISSUE A TEACHING CERTIFICATE TO A PERSON WHO HAS 5 MET THE ELEMENTARY OR SECONDARY, AS APPLICABLE, READING CREDIT 6 REQUIREMENTS ESTABLISHED UNDER STATE BOARD RULE. NOT LATER THAN 7 1 YEAR AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED 8 THIS SUBSECTION, THE STATE BOARD SHALL DEVELOP NEW READING CREDIT 9 REQUIREMENTS, OR REVISE EXISTING READING CREDIT REQUIREMENTS, TO 10 ADDRESS READING DISORDERS AND TO ENABLE TEACHERS TO PROVIDE 11 EFFECTIVE INSTRUCTION AND SUPPORT FOR PUPILS WITH READING 12 DISORDERS. 13 (5)(4)Subject to subsection(6)(7), if a person hold- 14 ing a teaching certificate from another state applies to the 15 state board for a Michigan teaching certificate and meets the 16 requirements of this subsection, the state board shall issue to 17 the person a Michigan professional education teaching certificate 18 and applicable endorsements comparable to those the person holds 19 in the other state, without requiring the person to pass a basic 20 skills examination or the applicable subject area examination 21 otherwise required under subsection (2) or (3). To be eligible 22 to receive a Michigan professional education teaching certificate 23 under this subsection, a person shall provide evidence satisfac- 24 tory to the department that he or she meets all of the following 25 requirements: 03406'97 * 4 1 (a) Has taught successfully for at least 3 years in a 2 position for which the person's teaching certification from the 3 other state was valid. 4 (b) Has earned, after his or her initial certification in 5 another state, at least 18 semester credit hours in a planned 6 course of study at a state board approved institution of higher 7 education or has earned, at any time, a state board approved 8 master's or doctoral degree. 9 (c) Has met the elementary or secondary, as applicable, 10 reading credit requirement established under state board rule. 11 (6)(5)A person who receives a teaching certificate and 12 endorsement or endorsements under subsection(4)(5) is eligi- 13 ble to receive 1 or more additional endorsements comparable to 14 endorsements the person holds in another state only if the person 15 passes the appropriate subject area examinations required under 16 subsection (2) or (3). 17 (7)(6)The state board shall deny a Michigan teaching 18 certificate to a person described in subsection(4)(5) for 19 fraud, material misrepresentation, or concealment in the person's 20 application for a certificate or for a conviction for which a 21 person's teaching certificate may be revoked under 22 section 1535a. 23 (8)(7)The department, based upon criteria recommended 24 pursuant to subsection(9)(10), shall provide to state board 25 approved teacher education institutions state board approved 26 guidelines and criteria for use in the development or selection 27 of a basic skills examination and approved guidelines and 03406'97 * 5 1 criteria for use in the development or selection of subject area 2 examinations. 3 (9)(8)For the purposes of this section, the state board, 4 based upon criteria recommended pursuant to subsection(9)5 (10), shall develop, select, or develop and select 1 or more 6 basic skills examinations and subject area examinations. In 7 addition, the state board, based upon criteria recommended pursu- 8 ant to subsection(9)(10), shall approve an elementary certi- 9 fication examination and a reading subject area examination. 10 (10)(9)The state board shall appoint an 11-member 11 teacher examination advisory committee comprised of representa- 12 tives of approved teacher education institutions and Michigan 13 education organizations and associations. Not more than 1/2 of 14 the members comprising this committee shall be certified 15 teachers. This committee shall recommend criteria to be used by 16 the state board in the development, selection, or development and 17 selection of 1 or more basic skills examinations, and criteria to 18 be used by the state board in the development, selection, or 19 development and selection of subject area examinations. In addi- 20 tion, the committee shall recommend guidelines for the use and 21 administration of those examinations. The basic skills examina- 22 tions referred to in this subsection may be developed by the 23 state board or selected by the state board from commercially or 24 university developed examinations. In addition, an approved 25 teacher education institution, pursuant to guidelines and cri- 26 teria described in subsection(7)(8), may develop an 27 examination at its own expense for approval by the state board. 03406'97 * 6 1 An approved teacher education institution that develops its own 2 examination is liable for any litigation that results from the 3 use of its examination. 4 (11)(10)The state board shall appoint a 7-member stand- 5 ing technical advisory council comprised of persons who are 6 experts in measurement and assessment. This council shall advise 7 the state board and the teacher examination committee on the 8 validity, reliability, and other technical standards of the exam- 9 inations that will be used or are being used and of the adminis- 10 tration and use of those examinations. 11 (12)(11)Not later than November 30 of each year, the 12 state board shall submit in writing a report on the development 13 or selection and use of the basic skills examination, the elemen- 14 tary certification examination, and the subject area examinations 15 to the house and senate education committees. The report shall 16 also contain a financial statement regarding revenue received 17 from the assessment of fees levied pursuant to subsection(13)18 (14) and the amount of and any purposes for which that revenue 19 was expended. 20 (13)(12)The basic skills examination, the elementary 21 certification examination, and the subject area examinations 22 required by this section may be taken at different times during 23 an approved teacher preparation program, but the basic skills 24 examination must be passed before a person is enrolled for stu- 25 dent teaching and the elementary certification examination and 26 the subject area examinations, as applicable, must be passed 27 before a person is recommended for certification. 03406'97 * 7 1 (14)(13)The department, or if approved by the state 2 board, a private testing service, may assess fees for taking the 3 basic skills examination, elementary certification examination, 4 and the subject area examinations. The fees, which shall be set 5 by the state board, shall not exceed $50.00 for a basic skills 6 examination or $75.00 for an elementary certification examination 7 or a subject area examination. However, if a subject area exami- 8 nation for vocational education includes a performance examina- 9 tion, an additional fee may be assessed for taking the per- 10 formance examination, not to exceed the actual cost of adminis- 11 tering the performance examination. Fees received by the depart- 12 ment shall be expended solely for administrative expenses that it 13 incurs in implementing this section. 14 (15)(14)If a person holding a teaching certificate from 15 another state applies for a Michigan teaching certificate and 16 meets all requirements for the Michigan teaching certificate 17 except passage of the appropriate examinations under 18 subsection (3), the state board shall issue a nonrenewable tempo- 19 rary teaching certificate, good for 1 year, to the person. The 20 state board shall not issue a Michigan teaching certificate to 21 the person after expiration of the temporary teaching certificate 22 unless the person passes appropriate examinations as described in 23 subsection (3). 24 (16)(15)As used in this section: 25 (a) "Basic skills examination" means an examination devel- 26 oped or selected by the state board or developed pursuant to 27 subsection(9)(10) by an approved teacher education 03406'97 * 8 1 institution for the purpose of demonstrating the applicant's 2 knowledge and understanding of basic language and mathematical 3 skills and other skills necessary for the certificate sought, and 4 for determining whether or not an applicant is eligible for a 5 provisional Michigan teaching certificate. 6 (b) "Elementary certification examination" means a compre- 7 hensive examination for elementary certification that has been 8 developed or selected by the state board for demonstrating the 9 applicant's knowledge and understanding of the core subjects nor- 10 mally taught in elementary classrooms and for determining whether 11 or not an applicant is eligible for an elementary level teaching 12 certificate. 13 (c) "Subject area examination" means an examination related 14 to a specific area of certification, which examination has been 15 developed or selected by the state board for the purpose of 16 demonstrating the applicant's knowledge and understanding of the 17 subject matter and determining whether or not an applicant is 18 eligible for a Michigan teaching certificate. 19 (17)(16)The state board shall promulgate rules for the 20 implementation of this section. 21 (18)(17)Notwithstanding any rule promulgated by the 22 state board to the contrary, the state board shall continue to 23 issue state elementary or secondary continuing education certifi- 24 cates pursuant to R 390.1132(1) of the Michigan administrative 25 code to persons who completed the requirements of that rule by 26 December 31, 1992 and who apply for that certificate not later 27 than March 15, 1994. If the state board has issued a state 03406'97 * 9 1 elementary or secondary professional education certificate to a 2 person described in this section, the state board shall consider 3 the person to have a state elementary or secondary, as applica- 4 ble, continuing education certificate. 03406'97 * Final page. TAV