HB-5223, As Passed House, May 14, 2014

SUBSTITUTE FOR

HOUSE BILL NO. 5223

     A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending sections 1249 and 1249a (MCL 380.1249 and 380.1249a),

section 1249 as amended and section 1249a as added by 2011 PA 102,

and by adding section 1531j.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1249. (1) Not later than September 1, 2011, and subject

to subsection (9), (7), with the involvement of teachers and school

administrators, the board of a school district or intermediate

school district or board of directors of a public school academy

shall adopt and implement for all teachers and school

administrators a rigorous, transparent, and fair performance

evaluation system that does all of the following:

     (a) Evaluates the teacher's or school administrator's job

performance at least annually while providing timely and

constructive feedback.

     (b) Establishes clear approaches to measuring student growth

and provides teachers and school administrators with relevant data

on student growth.

     (c) Evaluates a teacher's or school administrator's job

performance, using multiple rating categories that take into

account data on student growth as a significant factor. For these

purposes, student growth shall be measured by national, state, or

local assessments and other objective criteria. If the performance

evaluation system implemented by a school district, intermediate

school district, or public school academy under this section 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 the amendatory act that added this sentence

not later than September 19, 2011 to ensure that it rates teachers

as highly effective, effective, minimally effective, or

ineffective.

     (d) Uses the evaluations, at a minimum, to inform decisions

regarding all of the following:

     (i) The effectiveness of teachers and school administrators,

ensuring that they are given ample opportunities for improvement.

     (ii) Promotion, retention, and development of teachers and

school administrators, including providing relevant coaching,

instruction support, or professional development.

     (iii) Whether to grant tenure or full certification, or both, to

teachers and school administrators using rigorous standards and

streamlined, transparent, and fair procedures.

     (iv) Removing ineffective tenured and untenured teachers and

school administrators after they have had ample opportunities to

improve, and ensuring that these decisions are made using rigorous

standards and streamlined, transparent, and fair procedures.

     (2) Beginning with the 2013-2014 2014-2015 school year, the

board of a school district or intermediate school district or board

of directors of a public school academy shall ensure that the

performance evaluation system for teachers meets all of the

following:

     (a) The performance evaluation system shall include at least

an annual year-end evaluation for all teachers. An annual year-end

evaluation shall meet all of the following:

     (i) For the annual year-end evaluation for the 2013-2014 2014-

2015, 2015-2016, and 2016-2017 school year, years, at least 25% of

the annual year-end evaluation shall be based on student growth and

assessment data. For Beginning with the annual year-end evaluation

for the 2014-2015 2017-2018 school year, at least 40% of the annual

year-end evaluation shall be based on student growth and assessment

data. Beginning with the annual year-end evaluation for the 2015-

2016 school year, at least 50% of the annual year-end evaluation

shall be based on student growth and assessment data. All

     (ii) Beginning in 2015-2016, 1/2 of the student growth and

assessment data for teachers in core content areas in grades and

House Bill No. 5223 (H-4) as amended May 14, 2014

subjects for which student growth data are available shall be

measured using the state student growth assessment tool, that is

required under legislation enacted by the legislature under

subsection (6) after review of the recommendations contained in the

report of the governor's council on educator effectiveness

submitted under subsection (5).which shall meet the requirements

under subsection (6). Subject to subparagraph (iv), for teachers in

other subject areas[and all special education teachers

], a school district, intermediate

school district, or public school academy may use state-provided

growth data for up to 1/2 of the teacher's student growth and

assessment data or may use 1 or more locally determined student

measures and assessments with valid growth measurements as

described in subparagraph (iii) for all of the teacher's student

growth and assessment data.

     (iii) Subject to subparagraph (iv), the portion of a teacher's

student growth and assessment data that is not based on state-

provided data as described in subparagraph (ii) shall be based on 1

or more locally determined student measures and assessments with

valid growth measurements, which may include student learning

objectives or individualized education program goals. These locally

determined student measures and assessments may either be locally

developed or created by a vendor. The locally determined student

measures and assessments shall be used consistently among the

schools operated by a school district or public school academy so

that all similarly situated teachers are evaluated using the same

measures and assessments.

     (iv) If there is a reasonable connection of the core content to

the teacher's actual teaching assignment, school-level growth goals

may be used for an individual teacher's evaluation. However,

school-level growth goals may not comprise more than 5% of the

individual teacher's overall evaluation.

(v) (ii) If there are student growth and assessment data

available for a teacher for at least 3 school years, the annual

year-end evaluation shall be based on the student growth and

assessment data for the most recent 3-consecutive-school-year

period. If there are not student growth and assessment data

available for a teacher for at least 3 school years, the annual

year-end evaluation shall be based on all student growth and

assessment data that are available for the teacher.

(vi) (iii) The annual year-end evaluation shall include specific

performance goals that will assist in improving effectiveness for

the next school year and are developed by the school administrator

or his or her designee conducting the evaluation, in consultation

with the teacher, and any recommended training identified by the

school administrator or designee, in consultation with the teacher,

that would assist the teacher in meeting these goals. For a teacher

described in subdivision (b), the school administrator or designee

shall develop, in consultation with the teacher, an individualized

development plan that includes these goals and training and is

designed to assist the teacher to improve his or her effectiveness.

     (b) The performance evaluation system shall include a midyear

progress report for a teacher who is in the first year of the

probationary period prescribed by section 1 of article II of 1937

(Ex Sess) PA 4, MCL 38.81, or who received a rating of minimally

effective or ineffective in his or her most recent annual year-end

evaluation. The midyear progress report shall be used as a

supplemental tool to gauge a teacher's improvement from the

preceding school year and to assist a teacher to improve. All of

the following apply to the midyear progress report:

     (i) The midyear progress report shall be based at least in part

on student achievement.

     (ii) The midyear progress report shall be aligned with the

teacher's individualized development plan under subdivision

(a)(iii).(a)(vi).

     (iii) The midyear progress report shall include specific

performance goals for the remainder of the school year that are

developed by the school administrator conducting the annual year-

end evaluation or his or her designee and any recommended training

identified by the school administrator or designee that would

assist the teacher in meeting these goals. At the 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 and is designed to assist the

teacher to improve his or her rating.

     (iv) The midyear progress report shall not take the place of an

annual year-end evaluation.

     (c) The performance evaluation system shall include classroom

observations to assist in the performance evaluations. All of the

House Bill No. 5223 (H-4) as amended May 14, 2014

following apply to these classroom observations:

     (i) Except as provided in this subdivision, the manner in which

a classroom observation is conducted shall be prescribed in the

evaluation tool for teachers described in subdivision (d).

     (ii) A classroom observation shall include a review of the

teacher's lesson plan and the state curriculum standard being used

in the lesson and a review of pupil engagement in the lesson.

     (iii) A classroom observation does not have to be for an entire

class period.

     (iv) Unless a teacher has received a rating of effective or

highly effective on his or her 2 most recent annual year-end

evaluations, there shall be [multiple at least 2] classroom observations

of the

teacher each school year. At least 1 observation must be

unscheduled.

     (v) A school district, intermediate school district, or public

school academy shall ensure that an individual acting as an

observer receives training from the vendor or a training provider

that has a contract with the vendor to provide training using a

vendor-approved training program for the evaluation tool that is

used by the school district, intermediate school district, or

public school academy. A school district, intermediate school

district, or public school academy shall ensure that an individual

acting as an observer receives training in coaching, providing

feedback, and rater reliability. The individual should receive

training in coaching, providing feedback, and rater reliability at

least once every 3 years. The school district, intermediate school

district, or public school academy shall also provide information

to teachers on the evaluation tool and how it is used.

     (vi) The school administrator responsible for the teacher's

performance evaluation shall conduct at least 1 of the

observations. Other observations may be conducted by another

observer who is trained in the use of the evaluation tool. This

other observer may be a teacher leader.

     (vii) A school district, intermediate school district, or

public school academy shall ensure that, within 30 days after each

observation, the teacher is provided with feedback from the

observation.

     (d) For the purposes of conducting annual year-end evaluations

under the performance evaluation system, the The portion of a

teacher's annual year-end evaluation that is not based on student

growth and assessment data as provided in subdivision (a) shall be

based primarily on a teacher's performance as measured by the

evaluation tool adopted by the district. By the beginning of the

2015-2016 school year, the school district, intermediate school

district, or public school academy shall adopt and implement 1 or

more of the state approved evaluation tool tools for teachers that

is required under legislation enacted by the legislature under

subsection (6) after review of the recommendations contained in the

report of the governor's council on educator effectiveness

submitted under subsection (5). as provided under subsections (3)

to (5). However, if a school district, intermediate school

district, or public school academy has a 1 or more local evaluation

tool tools for teachers that is consistent with the state

evaluation tool, and the school district, intermediate school

district, or public school academy complies with subsection (6),

the school district, intermediate school district, or public school

academy may conduct annual year-end evaluations for teachers using

that local evaluation tool.1 or more tools. The evaluation tools

shall be used consistently among the schools operated by a school

district or public school academy so that all similarly situated

teachers are evaluated using the same evaluation tool.

     (e) The portion of a teacher's evaluation not measured using

growth, as provided in subdivision (a), or using the district-

adopted evaluation tool, as provided in subdivision (d), shall

incorporate at least pupil and parent feedback and criteria

enumerated in section 1248(1)(b)(i) to (iii) that are not otherwise

evaluated under subdivisions (a) and (b).

(f) (e) The performance evaluation system shall assign an

effectiveness rating to each teacher of highly effective,

effective, minimally effective, or ineffective, based on his or her

score on the annual year-end evaluation described in this

subsection.

(g) (f) As part of the performance evaluation system, and in

addition to the requirements of section 1526, a school district,

intermediate school district, or public school academy is

encouraged to shall assign a mentor or coach to each teacher who is

described in subdivision (b).

(h) (g) The performance evaluation system may allow for

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 his or her designee

and approval of the school district superintendent or his or her

designee, intermediate superintendent or his or her designee, or

chief administrator of the public school academy, as applicable.

(i) (h) The performance evaluation system shall provide that,

if a teacher is rated as ineffective on 3 consecutive annual year-

end evaluations, the school district, public school academy, or

intermediate school district shall dismiss the teacher from his or

her employment. However, this subdivision applies only if the 3

consecutive annual year-end evaluations are conducted using the

same evaluation framework and under the same performance evaluation

system. This subdivision does not affect the ability of a school

district, intermediate school district, or public school academy to

dismiss an ineffective teacher from his or her employment

regardless of whether the teacher is rated as ineffective on 3

consecutive annual year-end evaluations.

(j) (i) The performance evaluation system shall provide that,

if a teacher is rated as highly effective on 3 consecutive annual

year-end evaluations, the school district, intermediate school

district, or public school academy may choose to conduct a year-end

evaluation biennially instead of annually. However, if a teacher is

not rated as highly effective on 1 of these biennial year-end

evaluations, the teacher shall again be provided with annual year-

end evaluations.

(k) (j) The performance evaluation system shall provide that,

if a teacher who is not in a probationary period prescribed by

section 1 of article II of 1937 (Ex Sess) PA 4, MCL 38.81, is rated

as ineffective on an annual year-end evaluation, the teacher may

request a review of the evaluation and the rating by the school

district superintendent, intermediate superintendent, or chief

administrator of the public school academy, as applicable. The

request for a review must be submitted in writing within 20 days

after the teacher is informed of the rating. Upon receipt of the

request, the school district superintendent, intermediate

superintendent, or chief administrator of the public school

academy, as applicable, shall review the evaluation and rating and

may make any modifications as appropriate based on his or her

review. However, the performance evaluation system shall not allow

for a review as described in this subdivision more than twice in a

3-school-year period.

     (3) Beginning with the 2013-2014 school year, the board of a

school district or intermediate school district or board of

directors of a public school academy shall ensure that the

performance evaluation system for building-level school

administrators and for central office-level school administrators

who are regularly involved in instructional matters meets all of

the following:

     (a) The performance evaluation system shall include at least

an annual year-end evaluation for all school administrators

described in this subsection by the school district superintendent

or his or her designee, intermediate superintendent or his or her

designee, or chief administrator of the public school academy, as

applicable, except that a superintendent or chief administrator

shall be evaluated by the board or board of directors.

     (b) For the annual year-end evaluation for the 2013-2014

school year, at least 25% of the annual year-end evaluation shall

be based on student growth and assessment data. For the annual

year-end evaluation for the 2014-2015 school year, at least 40% of

the annual year-end evaluation shall be based on student growth and

assessment data. Beginning with the annual year-end evaluation for

the 2015-2016 school year, at least 50% of the annual year-end

evaluation shall be based on student growth and assessment data.

The student growth and assessment data to be used for the school

administrator annual year-end evaluation are the aggregate student

growth and assessment data that are used in teacher annual year-end

evaluations in each school in which the school administrator works

as an administrator or, for a central-office level school

administrator, for the entire school district or intermediate

school district.

     (c) The portion of the annual year-end evaluation that is not

based on student growth and assessment data shall be based on at

least the following for each school in which the school

administrator works as an administrator or, for a central-office

level school administrator, for the entire school district or

intermediate school district:

     (i) If the school administrator conducts teacher performance

evaluations, the school administrator's training and proficiency in

using the evaluation tool for teachers described in subsection

(2)(d), including a random sampling of his or her teacher

performance evaluations to assess the quality of the school

administrator's input in the teacher performance evaluation system.

If the school administrator designates another person to conduct

teacher performance evaluations, the evaluation of the school

administrator on this factor shall be based on the designee's

training and proficiency in using the evaluation tool for teachers

described in subsection (2)(d), including a random sampling of the

designee's teacher performance evaluations to assess the quality of

the designee's input in the teacher performance evaluation system,

with the designee's performance to be counted as if it were the

school administrator personally conducting the teacher performance

evaluations.

     (ii) The progress made by the school or school district in

meeting the goals set forth in the school's school improvement plan

or the school district's school improvement plans.

     (iii) Pupil attendance in the school or school district.

     (iv) Student, parent, and teacher feedback, and other

information considered pertinent by the superintendent or other

school administrator conducting the performance evaluation or the

board or board of directors.

     (d) For the purposes of conducting performance evaluations

under the performance evaluation system, the school district,

intermediate school district, or public school academy shall adopt

and implement the state evaluation tool for school administrators

described in this subsection that is required under legislation

enacted by the legislature under subsection (6) after review of the

recommendations contained in the report of the governor's council

on educator effectiveness submitted under subsection (5). However,

if a school district, intermediate school district, or public

school academy has a local evaluation tool for school

administrators described in this subsection that is consistent with

the state evaluation tool, the school district, intermediate school

district, or public school academy may conduct performance

evaluations for school administrators using that local evaluation

tool.

     (e) The performance evaluation system shall assign an

effectiveness rating to each school administrator described in this

subsection of highly effective, effective, minimally effective, or

ineffective, based on his or her score on the evaluation tool

described in subdivision (d).

     (f) The performance evaluation system shall ensure that if a

school administrator described in this subsection is rated as

minimally effective or ineffective, the person or persons

conducting the evaluation shall develop and require the school

administrator to implement an improvement plan 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 his or her next annual

year-end evaluation.

     (g) The performance evaluation system shall provide that, if a

school administrator described in this subsection is rated as

ineffective on 3 consecutive annual year-end evaluations, the

school district, public school academy, or intermediate school

district shall dismiss the school administrator from his or her

employment. However, this subdivision applies only if the 3

consecutive annual year-end evaluations are conducted using the

same evaluation tool and under the same performance evaluation

system. This subdivision does not affect the ability of a school

district, intermediate school district, or public school academy to

dismiss an ineffective school administrator from his or her

employment regardless of whether the school administrator is rated

as ineffective on 3 consecutive annual year-end evaluations.

     (h) The performance evaluation system shall provide that, if a

school administrator is rated as highly effective on 3 consecutive

annual year-end evaluations, the school district, intermediate

school district, or public school academy may choose to conduct a

year-end evaluation biennially instead of annually. However, if a

school administrator is not rated as highly effective on 1 of these

biennial year-end evaluations, the school administrator shall again

be provided with annual year-end evaluations.

     (4) The governor's council on educator effectiveness is

created as a temporary commission described in section 4 of article

V of the state constitution of 1963. All of the following apply to

the governor's council on educator effectiveness:

     (a) The governor's council on educator effectiveness shall

consist of the following 5 voting members:

     (i) The governor shall appoint 3 members.

     (ii) The senate majority leader shall appoint 1 member.

     (iii) The speaker of the house of representatives shall appoint

1 member.

     (b) In addition to the members appointed under subdivision

(a), the superintendent of public instruction or his or her

designee shall serve as a nonvoting member.

     (c) The members appointed under subdivision (a), and the

designee of the superintendent of public instruction if he or she

appoints a designee, shall have expertise in 1 or more of the

following areas: psychometrics, measurement, performance-based

educator evaluation models, educator effectiveness, or development

of educator evaluation frameworks in other states.

     (d) Not later than October 31, 2011, the governor's council on

educator effectiveness shall contract with 1 or more additional

experts in the areas described in subdivision (c) as the council

considers necessary.

     (e) The governor shall appoint an advisory committee for the

governor's council on educator effectiveness to provide input on

the council's recommendations. The advisory committee shall consist

of public school teachers, public school administrators, and

parents of public school pupils.

     (f) The governor's office shall provide staffing and support

for the governor's council on educator effectiveness.

     (5) Not later than April 30, 2012, the governor's council on

educator effectiveness shall submit to the state board, the

governor, and the legislature a report that identifies and

recommends all of the following for the purposes of this section

and that includes recommendations on evaluation processes and other

matters related to the purposes of this section:

     (a) A student growth and assessment tool. The student growth

and assessment tool shall meet all of the following:

     (i) Is a value-added model that takes into account student

achievement and assessment 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.

     (ii) In addition to measuring student growth in the core

subject areas of mathematics, science, English language arts, and

social science, will measure student growth in other subject areas.

     (iii) Complies with all current state and federal law for

students with a disability.

     (iv) Has at least a pre- and post-test.

     (v) Is able to be used for pupils of all achievement levels.

     (b) A state evaluation tool for teachers. All of the following

apply to this recommendation:

     (i) In addition to the student growth and assessment tool, the

recommended state evaluation tool for teachers may include, but is

not limited to, instructional leadership abilities, teacher and

pupil attendance, professional contributions, training, progress

report achievement, school improvement plan progress, peer input,

and pupil and parent feedback.

     (ii) The council shall ensure that the recommended state

evaluation tool for teachers will allow all special education

teachers to be rated.

     (iii) The council shall seek input from school districts,

intermediate school districts, and public school academies that

have already developed and implemented successful, effective

performance evaluation systems.

     (c) A state evaluation tool for school administrators

described in subsection (3). In addition to the student growth and

assessment tool, the recommended state evaluation tool for these

school administrators 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.

     (d) For the purposes of the recommended state evaluation tools

for teachers and school administrators under subdivisions (b) and

(c), recommended parameters for the effectiveness rating categories

for teachers under subsection (2)(e) and for school administrators

under subsection (3)(e).

     (e) Recommended changes to be made in the requirements for a

professional education teaching certificate that will ensure that a

teacher is not required to complete additional postsecondary credit

hours beyond the credit hours required for a provisional teaching

certificate.

     (f) A process for evaluating and approving local evaluation

tools for teachers under subsection (2)(d) and school

administrators under subsection (3)(d).

     (6) It is the intent of the legislature to review the report

submitted by the governor's council on educator effectiveness under

subsection (5) and to enact appropriate legislation to put into

place a statewide performance evaluation system taking into

consideration the recommendations contained in the report.

     (7) If all of the following apply for a public school operated

by a school district, intermediate school district, or public

school academy, then the school district, intermediate school

district, or public school academy is not required to comply with

subsection (2) or (3) for that public school:

     (a) As of the effective date of this subsection, the school

district, intermediate school district, or public school academy

has already implemented and is currently using a performance

evaluation system for that public school that meets all of the

following requirements:

     (i) Under the system, the most significant portion of a

teacher's or school administrator's evaluation is based on student

growth and assessment data, which may include value-added measures.

     (ii) The system uses research-based measures to determine

student growth, which may be measured by standards-based,

nationally normed assessments.

     (iii) The system determines professional competence through

multiple direct observations of classroom practices and

professional practices throughout the school year.

     (iv) Under the system, teacher effectiveness and ratings, as

measured by student achievement and growth data, are factored into

teacher retention, promotion, and termination decisions.

     (v) Under the system, teacher and school administrator

performance evaluation results are used to inform teacher

professional development for the succeeding year.

     (vi) The system ensures that teachers and school administrators

are evaluated at least annually.

     (b) The school district, intermediate school district, or

public school academy notifies the governor's council on educator

effectiveness by November 1, 2011 that it is exempt under this

subsection from the requirements of subsections (2) and (3).

     (c) The school district, intermediate school district, or

public school academy posts a description of its evaluation system

on its website.

     (8) If, after the effective date of this subsection, a school

district, intermediate school district, or public school academy

begins operating a new public school, or implements a new

performance evaluation system for a public school it operates, and

all of the following apply, then the school district, intermediate

school district, or public school academy is not required to comply

with subsection (2) or (3) for that public school:

     (a) The performance evaluation system adopted and implemented

for that public school replicates and is identical to the

performance evaluation system of a public school that is exempt

under subsection (7).

     (b) The school district, intermediate school district, or

public school academy posts a description of the performance

evaluation system on its website.

     (3) Subject to subsections (4) to (6), for the purposes of

evaluating teacher performance as provided in subsection (2), a

school district, intermediate school district, or public school

academy shall use 1 or more of the following evaluation tools:

     (a) The Charlotte Danielson framework for teaching.

     (b) The R. Marzano teacher evaluation model.

     (c) The thoughtful classroom.

     (d) 5 dimensions of teaching and learning.

     (4) The department may designate 1 or more other evaluation

tools as acceptable for use under this section if the evaluation

tool meets the requirements for locally developed evaluation tools

as provided in subsection (6). If the department designates an

evaluation tool as acceptable, a school district, intermediate

school district, or public school academy may use that evaluation

tool for the purposes of evaluating teacher performance as provided

in subsection (2). If at any point the department determines that 1

of the approved evaluation tools identified in this subsection

fails to meet the requirements for locally developed evaluation

tools as provided in subsection (6), the department may revoke the

designation of that evaluation tool as acceptable for use under

this section.

     (5) A school district, intermediate school district, or public

school academy may use 1 or more adaptations or modifications of an

evaluation tool that is acceptable for use under subsection (3) or

(4) for the purposes of evaluating teacher performance as provided

in subsection (2) if the adaptations or modifications meet all of

the following and the school district, intermediate school

district, or public school academy provides assurance of all of the

following on its public website:

     (a) The adaptations or modifications do not compromise the

validity of either the evaluation tool or the evaluation process.

     (b) The adaptations or modifications have undergone review by

a person with expertise in teacher evaluations and the posted

assurances include the identity and qualifications of the person

who conducted the review.

     (c) The school district, intermediate school district, or

public school academy ensures that all evaluators and observers

receive initial and follow-up training from the vendor of the

evaluation tool that is being modified or from a training provider

that has a contract with the vendor to provide training using a

vendor-approved training program for the evaluation tool that is

being modified.

     (6) A school district, intermediate school district, or public

school academy may use 1 or more locally developed evaluation tools

for the purposes of evaluating teacher performance as provided in

subsection (2) if the school district, intermediate school

district, or public school academy provides all of the following

information about the locally developed evaluation tool on its

public website:

     (a) The research base for the evaluation framework,

instrument, and process.

     (b) The identity and qualifications of the author or authors.

     (c) Either evidence of reliability, validity, and efficacy or

a plan for developing that evidence.

     (d) The evaluation frameworks and rubrics with detailed

descriptors for each performance level on key summative indicators.

     (e) A description of the processes for conducting classroom

observations, collecting evidence, conducting evaluation

conferences, developing performance ratings, and developing

performance improvement plans.

     (f) A description of the plan for providing all evaluators and

observers with initial and follow-up training and the identity and

qualifications of the providers of that training.

(7) (9) If a collective bargaining agreement is in effect for

teachers or school administrators of a school district, public

school academy, or intermediate school district as of the effective

House Bill No. 5223 (H-4) as amended May 14, 2014

date of the 2011 amendatory act that amended this subsection, July

19, 2011, and if that collective bargaining agreement prevents

compliance with subsection (1), then subsection (1) does not apply

to that school district, public school academy, or intermediate

school district until after the expiration of that collective

bargaining agreement.

     (10) A school district, intermediate school district, or

public school academy shall continue to conduct the evaluations for

school principals that are currently required by the department

through the 2010-2011 school year. At the end of the 2010-2011

school year, a school district, intermediate school district, or

public school academy shall report the most recently completed or

determined "effectiveness label" from that evaluation for each

principal who is in place for 2010-2011, in a form and manner

prescribed by the department.

[(8) Not later than August 1, 2018, the department shall prepare and submit to the legislature a report on the impact of the performance evaluation systems required under subsection (2) and section 1249b. The report shall contain an analysis of the impact of the implementation of the systems on each of the following and the statistical increase or decrease, statewide and by school district, intermediate school district, and public school academy, for each of the following for each of the 2015-2016, 2016-2017, and 2017-2018 school years: third grade reading proficiency, graduation rates, student growth, college entrance examination scores, and scores on the Michigan merit examination under section 1279g.

(9)] As used in this section:

     (a) "Core academic subject" means 1 of the core academic

subjects as defined in 20 USC 7801.

[(b) "Teacher", for the purposes of this section only, means an

 individual holding a valid Michigan teaching certificate, endorsement,

 or authorization to teach in the public schools of this state, or who is

 otherwise authorized by the department to teach in the public schools of

 this state, and who is assigned by a public school to deliver direct

 instruction to pupils in any of grades K to 12.

]

     Sec. 1249a. (1) Beginning with the 2016-2017 school year,

subject to subsection (2), a school district, intermediate school

district, or public school academy shall not assign a pupil to be

taught in the same subject area for 2 consecutive years by a

teacher who has been rated as ineffective on his or her 2 most

recent annual year-end evaluations under section 1249.

     (2) Beginning in 2015-2016, with the 2016-2017 school year, if

a pupil is assigned to be taught by a teacher who has been rated as

ineffective on his or her 2 most recent annual year-end evaluations

under section 1249, school district, intermediate school district,

or public school academy is unable to comply with subsection (1)

and plans to assign a pupil to be taught in the same subject area

for 2 consecutive years by a teacher who has been rated as

ineffective on his or her 2 most recent annual year-end evaluations

under section 1249, the board of the school district or

intermediate school district or board of directors of the public

school academy in which the pupil is enrolled shall notify the

pupil's parent or legal guardian that the board or board of

directors is unable to comply with subsection (1) and that the

pupil has been assigned to be taught in the same subject area for a

second consecutive year by a teacher who has been rated as

ineffective on his or her 2 most recent annual year-end

evaluations. The notification shall be in writing, shall be

delivered to the parent or legal guardian not later than July 15

immediately preceding the beginning of the school year for which

the pupil is assigned to the teacher, and shall identify the

teacher who is the subject of the notification. include an

explanation of why the board or board of directors is unable to

comply with subsection (1).

     Sec. 1531j. Notwithstanding any other provision of this act or

a rule to the contrary, beginning July 1, 2015, the superintendent

of public instruction shall not issue an initial professional

teaching certificate to an individual unless the individual meets 1

of the following:

     (a) The individual was rated as either effective or highly

effective on his or her annual year-end performance evaluation

under section 1249 for the 3 consecutive school years immediately

preceding his or her application for the professional teaching

certificate.

     (b) The individual was rated as either effective or highly

effective on his or her annual year-end performance evaluation

under section 1249 for at least 3 nonconsecutive school years

before his or her application for the professional teaching

certificate and submits a recommendation from the chief school

administrator of the school at which he or she is currently

employed that he or she be issued a professional teaching

certificate.

     Enacting section 1. This amendatory act does not take effect

unless House Bill No. 5224 of the 97th Legislature is enacted into

law.