HOUSE BILL No. 4627

 

May 10, 2011, Introduced by Rep. O'Brien and referred to the Committee on Education.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

(MCL 380.1 to 380.1852) by adding sections 1247 and 1248.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1247. (1) The board of a school district or intermediate

 

school district or board of directors of a public school academy

 

shall ensure that the school district, intermediate school

 

district, or public school academy adopts, implements, maintains,

 

and complies with a policy for placement of teachers that is based

 

on mutual consent of the teacher and the school principal. This

 

policy shall meet all of the following:

 

     (a) The policy shall ensure that a school principal has the

 

authority to select teachers for his or her school who have


 

demonstrated effectiveness and who have appropriate qualifications.

 

     (b) The policy shall ensure that the placement of a teacher in

 

a school is made only with the mutual consent of the teacher and

 

the school principal.

 

     (c) The policy shall provide that, if a teacher is unable to

 

obtain an assignment by mutual consent within the school district,

 

intermediate school district, or public school academy within 30

 

days, the teacher will be placed on unpaid leave until the teacher

 

is able to obtain an assignment by mutual consent within the school

 

district, intermediate school district, or public school academy.

 

If the teacher obtains an assignment by mutual consent within the

 

school district, intermediate school district, or public school

 

academy while placed on unpaid leave, the school district,

 

intermediate school district, or public school academy shall

 

reinstate the teacher's salary and benefits at the level at which

 

they would have been if the teacher had not been placed on the

 

unpaid leave.

 

     (2) If the performance evaluation system implemented by a

 

school district, intermediate school district, or public school

 

academy under section 1249 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 within 60 days after the effective date of this

 

section to ensure that it rates teachers as highly effective,

 

effective, minimally effective, or ineffective.

 

     (3) If a collective bargaining agreement is in effect for


 

employees of a school district, intermediate school district, or

 

public school academy as of the effective date of this section, and

 

if that collective bargaining agreement prevents compliance with

 

subsection (1), then subsection (1) does not apply to that school

 

district, intermediate school district, or public school academy

 

until after the expiration of that collective bargaining agreement.

 

     (4) As used in this section, "school principal" means the

 

chief administrator in charge of the daily operations of a school.

 

     Sec. 1248. (1) All of the following apply to policies

 

regarding personnel decisions when conducting a reduction in force

 

or a recall from a reduction in force or in hiring after a

 

reduction in force by a school district, intermediate school

 

district, or public school academy:

 

     (a) The board of a school district or intermediate school

 

district or board of directors of a public school academy shall not

 

adopt, implement, maintain, or comply with a policy that provides

 

that length of service is the primary or determining factor in

 

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 the elimination of a position.

 

     (b) The board of a school district or intermediate school

 

district or board of directors of a public school academy shall

 

ensure that the school district, intermediate school district, or

 

public school academy adopts, implements, maintains, and complies


 

with a policy that provides that all 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 the elimination of a position, are based

 

on effectiveness. For teachers and school administrators,

 

effectiveness shall be measured by the performance evaluation

 

system under section 1249, and the personnel decisions shall be

 

made based on the following factors:

 

     (i) Individual performance shall be the majority factor in

 

making the decision, and shall consist of the following:

 

     (A) Evidence of increased student achievement, which shall be

 

the predominant factor in assessing an employee's individual

 

performance.

 

     (B) Demonstrated pedagogical skills, including at least

 

planning, delivering rigorous content, checking for and building

 

higher-level understanding, differentiating, and managing a

 

classroom; and consistent preparation to maximize instructional

 

time.

 

     (ii) Significant, relevant accomplishments and contributions.

 

This factor shall be based on whether the individual contributes to

 

the overall performance of the school by making clear, significant,

 

relevant contributions above the normal expectations for an

 

individual in his or her peer group and having demonstrated a

 

record of exceptional performance.


 

     (iii) Relevant special training. This factor shall be based on

 

completion of relevant training other than the professional

 

development or continuing education that is required by the

 

employer or by state law, and integration of that training into

 

instruction in a meaningful way.

 

     (c) Length of service shall not be a factor in a personnel

 

decision described in subdivision (b).

 

     (2) If a collective bargaining agreement is in effect for

 

employees of a school district, intermediate school district, or

 

public school academy as of the effective date of this section, and

 

if that collective bargaining agreement prevents compliance with

 

subsection (1), then subsection (1) does not apply to that school

 

district, intermediate school district, or public school academy

 

until after the expiration of that collective bargaining agreement.

 

     Enacting section 1. This amendatory act shall not take effect

 

unless all of the following bills of the 96th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. ____ or House Bill No. 4625(request no.

 

00145'11 *).

 

     (b) Senate Bill No. ____ or House Bill No. 4626(request no.

 

02019'11 ***).

 

     (c) Senate Bill No. ____ or House Bill No. 4628(request no.

 

02178'11 a).