February 23, 2011, Introduced by Reps. Yonker, Price, Hooker, Haveman, Agema, Rendon, Opsommer, Rogers, MacGregor and Callton and referred to the Committee on Education.
A bill to amend 1937 (Ex Sess) PA 4, entitled
"An act relative to continuing tenure of office of certificated
teachers in public educational institutions; to provide for
probationary periods; to regulate discharges or demotions; to
provide for resignations and leaves of absence; to create a state
tenure commission and to prescribe the powers and duties thereof;
and to prescribe penalties for violation of the provisions of this
act,"
by amending section 3a of article II and section 3 of article III
(MCL 38.83a and 38.93), as added by 1993 PA 59.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
ARTICLE II
Sec.
3a. (1) If a probationary teacher is employed by a school
district for at least 1 full school year, the controlling board of
the probationary teacher's employing school district shall ensure
that the teacher is provided with an individualized development
plan developed by appropriate administrative personnel in
consultation with the individual teacher and that the teacher is
provided with at least an annual year-end performance evaluation
each year during the teacher's probationary period. The annual
year-end performance evaluation shall be based on, but is not
limited to, at least 2 classroom observations 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, and shall include at least an assessment of the
teacher's progress in meeting the goals of his or her
individualized
development plan. This subsection section does not
prevent a collective bargaining agreement between the controlling
board
and the teacher's bargaining representative under Act No. 336
of
the Public Acts of 1947, being sections 423.201 to 423.216 of
the
Michigan Compiled Laws, 1947
PA 336, MCL 423.201 to 423.217,
from providing for more performance evaluations or classroom
observations
in addition to those required under this subsection.
section.
Except as specifically stated in this subsection,
section,
this section does not require a particular method for conducting a
performance evaluation or classroom observation or for providing an
individualized development plan.
(2)
Failure of a school district to comply with subsection (1)
with
respect to an individual teacher in a particular school year
is
conclusive evidence that the teacher's performance for that
school
year was satisfactory.
ARTICLE III
Sec.
3. (1) The controlling boa
rd of the school district
employing a teacher on continuing tenure shall ensure that the
teacher is provided with a performance evaluation at least once
every 3 years and, if the teacher has received a less than
satisfactory performance evaluation in a comprehensive performance
evaluation under section 1249 of the revised school code, 1976 PA
451, MCL 380.1249, the school district shall provide the teacher
with an individualized development plan developed by appropriate
administrative personnel in consultation with the individual
teacher and shall evaluate the teacher's performance at least
annually until the teacher receives a satisfactory performance
evaluation. The performance evaluation under this section shall be
based on, but is not limited to, at least 2 classroom observations
conducted during the period covered by the evaluation and, if the
teacher has an individualized development plan, shall include at
least an assessment of the teacher's progress in meeting the goals
of his or her individualized development plan. This section does
not prevent a collective bargaining agreement between the
controlling board and the teacher's bargaining representative under
Act
No. 336 of the Public Acts of 1947, being sections 423.201 to
423.216
of the Michigan Compiled Laws, 1947
PA 336, MCL 423.201 to
423.217, from providing for more performance evaluations or
classroom observations in addition to those required under this
section.
Except as specifically stated in this subsection, section,
this section does not require a particular method for conducting a
performance evaluation or classroom observation or for providing an
individualized development plan.
(2)
Failure of a school district to comply with subsection (1)
with
respect to an individual teacher in a particular 3-year period
is
conclusive evidence that the teacher's performance for that
period
was satisfactory.