January 15, 2014, Introduced by Reps. O'Brien, Zemke, Lyons and Rogers and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1249 (MCL 380.1249), as amended 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), 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.
(e) For the evaluation system for school administrators, meets
the requirements of section 1249b.
(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 a 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.
component. Beginning with the annual year-end evaluation for the
2015-2016
2017-2018 school year, at least 50% of the annual year-
end evaluation shall be based on a student growth and assessment
data.
All component. The student growth and assessment data
component
shall be measured using the 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).based on
the factors provided under
subsection (4). The portion of a teacher's annual year-end
evaluation that is not based on a student growth and assessment
component shall be based on a practice component as provided under
subsection (5).
(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.
(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).
(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
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.
(c) (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.
(d)
For the purposes of conducting annual year-end 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 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). However, if a school district,
intermediate
school district, or public school academy has a local
evaluation
tool for teachers that is consistent with the state
evaluation
tool, the school district, intermediate school district,
or
public school academy may conduct annual year-end evaluations
for
teachers using that local evaluation tool.
(d) (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.
(e) (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).
(f) (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.
(g) (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.
(h) (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.
(i) (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.
(3) (4)
The governor's council on Michigan council for
educator
effectiveness is created as a temporary commission
described
in section 4 of article V of the state constitution of
1963.
in the department of
technology, management, and budget. All
of
the following apply to the governor's council on Michigan
council for educator effectiveness:
(a)
The governor's council on Michigan
council for 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.
(d) (e)
The governor shall appoint an
advisory committee for
the
governor's council on Michigan
council for 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:
(e) The department of technology, management, and budget shall
dissolve the Michigan council for teacher effectiveness and the
advisory committee after the performance evaluation system under
this section has been fully implemented.
(4) The student growth and assessment component of a teacher's
evaluation shall consist of the state student growth and assessment
measurement standards and a local student growth assessment and may
also include school-level modeling. All of the following apply to
the student growth and assessment component:
(a)
A For teachers in core
content areas in grades and
subjects for which there are growth data available from state-
mandated assessments, at least 40% of the teacher's student growth
and assessment component shall be based on state-provided growth
data. For teachers in other subject areas and for a special
education teacher with a caseload that consists of at least 50% of
students with a disability who are taking an alternate assessment
or are likely to take an alternate assessment, a school district,
intermediate school district, or public school academy may use
state-provided growth data for this 40% of the teacher's student
growth and assessment component or may use a local student growth
assessment as described in subdivision (b) for all of the teacher's
student growth and assessment component, subject to subdivision
(c). For the purposes of this subdivision, not later than March 1,
2014, the department shall develop state student growth and
assessment
tool. measurement standards.
The state student growth
and
assessment tool measurement
standards shall meet all of the
following:
(i) Is a value-added model that takes Take into
account student
achievement
and assessment data, and is be
based on an assessment
tool
that has state-mandated assessments
that are aligned to state-
adopted content standards and have been determined to be reliable
and valid for the purposes of measuring value-added data. The
state-mandated assessment shall meet all of the following:
(A) Be pedagogically appropriate.
(B) Be developed or selected in consultation with teachers and
school administrators.
(C) As appropriate for the grade level, assess career and
college readiness.
(D) Provide a paper and pencil option and a computer option.
(E) Measure proficiency.
(F) Provide growth data on a common scale that remains the
same from year to year in order to allow accurate year-to-year
comparison.
(G) Provide an item-level response summary.
(H) As appropriate for the grade level, be aligned to college
entrance examinations or be a college entrance examination.
(I) Provide a timely report to pupils, parents and guardians,
school officials, and teachers that includes useful information for
identifying intervention points to promote student success. This
report shall be provided not more than 30 days after the assessment
is administered.
(ii) Provide student growth data for educators on the state-
mandated assessments.
(iii) (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
for which state-adopted content standards exist.
(iv) (iii) Complies Comply with all current state
and federal law
for students with a disability.
(iv) Has at least a pre- and post-test.
(v) Be able to provide interim assessments.
(vi) (v) Is Be
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.
(b) Subject to subdivision (c), the portion of a teacher's
student growth and assessment component that is not based on state-
provided data as described in subdivision (a) shall be based on 1
or more local student growth assessments which may include student
learning objectives. These local student growth assessments may be
either locally developed or created by a vendor. The 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 assessment or assessments.
(c) School-level growth goals may be used for an individual
teacher's evaluation if there is a reasonable connection of the
core content to the teacher's actual teaching assignment. However,
school-level growth goals may not compose more than 10% of the
individual teacher's student growth and assessment component.
(d) The factors described in subdivisions (a), (b), and (c)
shall make up 100% of the student growth and assessment component.
Before the beginning of the 2014-2015 school year, the board of a
school district or intermediate school district or board of
directors of a public school academy, by resolution, shall
establish the percentages of that 100% that are assigned to each of
the factors under subdivisions (a), (b), and (c) for the annual
year-end evaluations for teachers for 2014-2015. After 2014-2015,
the board or board of directors shall not change those percentages
of that 100% that will be assigned to each of the factors under
subdivisions (a), (b), and (c) for evaluations for a school year
unless the board or board of directors, by resolution, makes that
change before the beginning of that school year. If a board or
board of directors does not adopt such a resolution before the
beginning of a school year, those percentages shall remain the same
as for the previous school year.
(5) The practice component of a teacher's annual year-end
evaluation shall consist of classroom observations and other
factors allowed under this subsection. All of the following apply
to the practice component of a teacher's evaluation:
(a) At least 80% of the practice component shall be based on
classroom observations. All of the following apply to these
classroom observations:
(i) The department shall maintain a list of observation tools
that meet the requirements of subsection (6), and a school
district, intermediate school district, or public school academy
may use an observation tool that is on that list, or may use an
adaptation of 1 of those observation tools if the adaptation is
implemented with fidelity to intent and instrument and meets the
requirements of subsection (6). A vendor may apply to the
department to have an observation tool included on the list and, if
the department determines that the observation tool meets the
requirements of subsection (6), the department may include the
observation tool on the list. The department shall periodically
review each observation tool on the list to evaluate whether the
observation tool continues to meet the requirements of subsection
(6) and, if the department determines that the observation tool
does not meet those requirements, shall remove that observation
tool from the list. The department shall include on the initial
list all of the following piloted observation tools recommended in
the July 2013 final recommendations of the Michigan council for
educator effectiveness:
(A) Charlotte Danielson's Framework for Teaching.
(B) Marzano Teacher Evaluation Model.
(C) The Thoughtful Classroom.
(D) 5 Dimensions of Teaching and Learning.
(ii) A school district, intermediate school district, or public
school academy may implement and use a locally developed or adopted
observation tool for professional practice that meets all of the
requirements under subsection (6).
(iii) 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.
(iv) A classroom observation does not have to be for an entire
class period.
(v) There shall be at least 2 classroom observations of the
teacher each school year. At least 1 observation must be
unscheduled.
(vi) The school district, intermediate school district, or
public school academy shall ensure that the individual acting as an
observer has been trained by the vendor in the observation protocol
for the observation tool that is used by the school district,
intermediate school district, or public school academy and has also
been trained in coaching, providing feedback, and rater
reliability. The individual should receive retraining in coaching,
providing feedback, and rater reliability at least every 3 years.
The school district, intermediate school district, or public school
academy shall also provide information to teachers on the
observation tool and how it is used.
(vii) 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 observation protocol. This other
observer may be a teacher leader. If individuals other than the
school administrator responsible for the teacher's performance
evaluation conduct 1 or more observations, the school administrator
responsible for the teacher's performance evaluation shall use the
results of those observations in making an overall appraisal of the
teacher's practice.
(viii) The school district, intermediate school district, or
public school academy shall provide copies of all teacher
observation data collected with the observation tool to the
department for research purposes to support continuous improvement
of the educator evaluation system.
(ix) The 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.
(b) Not more than 20% of the practice component shall be based
on locally adopted factors that are indicative of a teacher's
practice. These may include, but are not limited to, 1 or more of
the following: instructional leadership abilities, teacher and
pupil attendance, professional contributions, training, progress
report achievement, school improvement plan progress, peer input,
and pupil and parent feedback.
(6) For an observation tool to be included and maintained on
the list of acceptable observation tools maintained by the
department under subsection (5)(a)(i), or for a school district,
intermediate school district, or public school academy to use a
locally developed or adopted observation tool for professional
practice, the observation tool must meet all of the following:
(a) Include a well-articulated evaluation process for
teachers, including specifications for the frequency and length of
observations that ensure multiple observations and a description of
all other performance indicators that educators will submit.
(b) Contain rubrics that allow for detailed descriptions at
each level of performance for each indicator, including but not
limited to, demonstrating knowledge of content and pedagogy,
designing assessments of student learning, managing student
behavior, engaging students in learning, and communicating with
caregivers. These rubrics shall provide meaningful descriptions
ensuring that teachers receive detailed, actionable feedback from
their evaluators, including clear expectations for classroom
practice. The rubrics must also meet all of the following:
(i) Rate only 1 teaching behavior per indicator.
(ii) Avoid rating the same teaching behaviors more than once
within the rubric.
(iii) Assure clear distinctions between the levels of
performance.
(iv) Provide examples of teacher and student observables to
illustrate some types of evidence an observer would see and hear.
(c) Include a plan and process for giving feedback, including
remediation plans.
(d) Include a process for training evaluators on all aspects
of the evaluation system, including each piece of the observation
tool, other performance indicators, and the evaluation systems. In
order to ensure fidelity, the training plan must include all of the
following:
(i) Framework training.
(ii) Coaching and feedback training.
(iii) Rater reliability training.
(iv) Follow-up training every 3 years in both rater reliability
and coaching and feedback.
(e) Include a process for tracking, managing, and importing
all data and documentation collected for the evaluations, including
observation data for teachers, other information or data, and
student growth data.
(f) Include a process for determining summative ratings for
all relevant measures including observation data.
(g) Contain a plan to offer additional direct support to new
and struggling teachers, including, but not limited to, additional
observations, coaching, and mentoring.
(h) Have a system for monitoring the fairness, consistency,
and objectivity of the system within and across local schools,
including specific metrics to be used. At a minimum, the school
district, intermediate school district, or public school academy
shall consider how the distribution of ratings compares with
teacher observation ratings and student growth data.
(i) Be based on a published research base for the
instructional framework and rubric that includes all of the
following:
(i) Empirically based studies of teaching and coaching
practice.
(ii) Practitioner-oriented prescriptions and frameworks for
instructional and coaching practice.
(iii) Descriptions of practice from an identified panel of
expert observers that include instructional coaches and school
administrators working daily with teachers on improving practice.
(iv) A detailed summary of multistage process of watching
videos and visiting classrooms, compiling observations and
wonderings about instructional practice, and evidence for each
indicator.
(v) For an observation tool adapted from a commercial
observation tool, detailed documentation that shows any changes in
performance language for each indicator, justification for the
change, and evidence that the adaptations provide equal or greater
rigor than at least 1 of the 4 observation tools included on the
initial list under subsection (5)(a)(i).
(j) Contain a detailed review and revision plan that includes
an empirically sound study of rater reliability, qualitative review
of feedback from teachers and administrators within the system,
impact on teachers' professional practice, and pupil performance to
assure validity and reliability of the framework.
(k) Have at least the same quality and rigor as at least 1 of
the 4 observation tools included on the initial list under
subsection (5)(a)(i).
(l) If it is an adapted form of a commercial observation tool,
the adaptations do not threaten the validity of the inferences that
are based on the commercial performance evaluation system.
(m) If the observation tool does not have available
documentation about its reliability and validity, there is in place
a plan for gathering relevant data on the observation tool's
reliability and validity that will result in submission of evidence
of the observation tool's reliability and validity within 3 years.
For a local observation tool, if the school district, intermediate
school district, or public school academy fails to submit evidence
sufficient to demonstrate the reliability and validity of its local
observation tool within 3 years, the school district, intermediate
school district, or public school academy may not continue to use
the observation tool.
(n) For a local observation tool, the school district,
intermediate school district, or public school academy posts all of
the following on its publicly accessible website:
(i) A description of its evaluation system and observation
tool.
(ii) Documentation of each of the required elements enumerated
in subdivisions (a) to (m).
(7) If a school district, intermediate school district, or
public school academy uses a locally developed or adopted
observation tool for professional practice, or an adaptation of a
state-approved observation tool, the school district, intermediate
school district, or public school academy shall notify the
department and provide a detailed description of the observation
tool or adaptation.
(8) If a vendor applies to the department to have an
observation tool included on the list under subsection (5)(a)(i),
the department shall request the vendor to propose 1 or more
adapted observation tools appropriate for special education
teachers who instruct students with low-incidence disabilities who
are taking an alternate assessment or are likely to take an
alternate assessment.
(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
date of the 2011 amendatory act that amended this subsection, 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.
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 Senate Bill No. ____ or House Bill No. 5224 (request no.
03802'13) of the 97th Legislature is enacted into law.