HOUSE BILL No. 4537

 

March 22, 2005, Introduced by Reps. Robertson, Caswell, Meyer, Gosselin and Gleason 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 2000 PA 497,

 

and by adding section 1161.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1161. (1) Not later than the beginning of the 2006-2007

 

school year, the board of a school district or board of directors

 

of a public school academy shall ensure that the reading

 

instruction provided at each grade level in each school it operates

 

meets all of the following:

 

     (a) Teaches from sound to print for pupils to access the

 

English alphabet.

 

     (b) Teaches phonemes only.

 


     (c) Teaches from simple to complex, with the most common

 

spelling of a sound first.

 

     (d) Teaches blending and segmenting of words using a

 

multisensory approach.

 

     (e) Teaches the pupil the proper process of how to form each

 

letter and has the pupil say the sound as he or she writes each

 

letter.

 

     (f) Teaches that letter strings of up to 4 letters can

 

represent a sound.

 

     (g) Teaches that all sounds can be spelled in a variety of

 

ways.

 

     (h) Teaches that the same spelling can represent different

 

sounds.

 

     (i) Provides explicit instruction for reading fluency

 

including timed rereading of a passage until a designated goal, in

 

words per minute, is attained.

 

     (j) Teaches how the English alphabet is used both in reading

 

and spelling and teaches these 2 areas simultaneously for optimum

 

gains.

 

     (k) Assesses pupils’ progress by analyzing their spelling

 

error patterns in authentic writing pieces, including sentences,

 

stories, and unedited classroom writing projects, in order to

 

understand the pupil’s independent level of accurate word reading.

 

     (l) On a yearly basis, administers standardized pretesting and

 

posttesting to measure pupil progress and identify areas of

 

weakness needing further instruction.

 

     (2) Not later than December 31, 2005, the department shall

 


select or develop and make available to school districts and public

 

school academies a model reading curriculum that meets the

 

requirements of subsection (1).

 

     (3) The board of a school district or board of directors of a

 

public school academy shall ensure that each teacher assigned to

 

teach reading at any level in a school it operates is trained in

 

the techniques described in subsection (1) before implementation of

 

the instruction described in subsection (1).

 

     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 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 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 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.

 

     (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 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 who has met the elementary or secondary, as

 

applicable, reading credit requirements established under

 

superintendent of public instruction rule and who demonstrates that

 

he or she has received training in the reading instruction

 


techniques described in section 1161 as part of his or her teacher

 

preparation program. Not later than 1 year after the effective date

 

of the amendatory act that added this subsection 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.

 

     (5) Subject to subsection (7), if a person 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 a Michigan professional

 

education teaching certificate and applicable endorsements

 

comparable to those the person holds in the other state, without

 

requiring the person 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 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 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.

 

     (c) Has met the elementary or secondary, as applicable,

 

reading credit requirement established under superintendent of

 

public instruction rule and has received training approved by the

 

department in the reading instruction techniques described in

 

section 1161.

 

     (6) A person who receives a teaching certificate and

 

endorsement or endorsements under subsection (5) is eligible to

 

receive 1 or more additional endorsements comparable to

 

endorsements the person holds in another state only if the person

 

passes the appropriate subject area examinations required under

 

subsection (2) or (3).

 

     (7) The superintendent of public instruction shall deny a

 

Michigan teaching certificate to a person described in subsection

 

(5) for fraud, material misrepresentation, or concealment in the

 

person's application for a certificate or for a conviction for

 

which a person's teaching certificate may be revoked under section

 

1535a.

 

     (8) The department, based upon criteria recommended pursuant

 

to subsection (10), 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.

 

     (9) For the purposes of this section, the superintendent of

 


public instruction, based upon criteria recommended pursuant to

 

subsection (10), 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 subsection (10), shall approve an

 

elementary certification examination and a reading subject area

 

examination.

 

     (10) The superintendent of public instruction shall appoint an

 

11-member teacher examination advisory committee comprised 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 (8), 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.

 

     (11) The superintendent of public instruction shall appoint a

 

7-member standing technical advisory council comprised of persons

 

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.

 

     (12) 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 subsection (14) and the amount of and any purposes for

 

which that revenue was expended.

 

     (13) 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 is recommended for certification.

 

     (14) 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 $50.00 for a basic skills examination or $75.00 for an

 

elementary certification examination or a subject area examination.

 

However, if a subject area examination for vocational education

 

includes a performance examination, an additional fee may be

 

assessed for taking the performance examination, not to exceed the

 

actual cost of administering the performance examination. Fees

 

received by the department shall be expended solely for

 

administrative expenses that it incurs in implementing this

 

section.

 

     (15) If a person 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. The

 

superintendent of public instruction shall not issue a Michigan

 

teaching certificate to the person after expiration of the

 

temporary teaching certificate unless the person passes appropriate

 

examinations as described in subsection (3).

 

     (16) 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 (10) 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.

 

     (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.

 

     (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.

 

     (17) The superintendent of public instruction shall promulgate

 

rules for the implementation of this section.

 

     (18) Notwithstanding any rule to the contrary, the

 

superintendent of public instruction shall continue to issue state

 

elementary or secondary continuing education certificates pursuant

 

to R 390.1132(1) of the Michigan administrative code to persons 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 described in this section, the superintendent of public

 

instruction shall consider the person to have a state elementary or

 

secondary, as applicable, continuing education certificate.