SB-0103, As Passed Senate, October 20, 2015

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 103

(as amended October 15, 2015)

[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 by 2014 PA 257 and section 1249a as added

by 2011 PA 102, and by adding sections 1249b, 1531j, and 1531k.]

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1249. (1) Subject to subsection ~~(7),~~ (4), 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.

performance, using multiple rating categories that take into

account ~~data on~~ student growth ~~as a significant factor. For 2014-~~

~~2015, for grades and subjects in which state assessments are~~

~~administered in compliance with 20 USC 6311, student growth must be~~

~~measured, at least in part, using the state assessments, and for~~

~~grades and subjects in which state assessments are not required and~~

~~administered for purposes of 20 USC 6311, student~~ and assessment

data. Student growth must be measured ~~, at least in part,~~ using

multiple measures that may include student learning objectives,

achievement of individualized education program goals, nationally

normed or locally developed assessments that are aligned to state

standards, research-based growth measures, or alternative

assessments that are rigorous and comparable across schools within

the school district, intermediate school district, or public school

academy. 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 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 2015-2016 school year, the~~ 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 Beginning with

the 2015-2016 school year, an annual year-end evaluation shall meet

all of the following:

(i) ~~At least 50%~~ For the 2015-2016, 2016-2017, and 2017-2018

school years, 25% of the annual year-end evaluation shall be based

on student growth and assessment data. ~~All student growth and~~

~~assessment data shall be measured using the student growth~~

~~assessment tool that is required under legislation enacted by the~~

~~legislature after review of the recommendations contained in the~~

~~report of the former Michigan council for educator~~

~~effectiveness.~~Beginning with the 2018-2019 school year, 40% of the

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

assessment data.

(ii) Beginning with the 2018-2019 school year, for core

content areas in grades and subjects in which state assessments are

administered, 50% of student growth must be measured using the

state assessments, and the portion of student growth not measured

using state assessments must be measured using multiple research-

based growth measures or alternative assessments that are rigorous

and comparable across schools within the school district,

intermediate school district, or public school academy. Student

growth also may be measured by student learning objectives or

nationally normed or locally adopted assessments that are aligned

to state standards, or based on achievement of individualized

education program goals.

(iii) Beginning with the 2016-2017 school year, the portion of

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

growth and assessment data, as described under subparagraph (i),

shall be based primarily on a teacher's performance as measured by

the evaluation tool developed or adopted by the school district,

intermediate school district, or public school academy under

subdivision (f).

(iv) The portion of a teacher's evaluation that is not

measured using student growth and assessment data, as described

under subparagraph (i), or using the evaluation tool developed or

adopted by the school district, intermediate school district, or

public school academy, as described under subparagraph (iii), shall

incorporate criteria enumerated in section 1248(1)(b)(i) to (iii)

that are not otherwise evaluated under subparagraph (i) or (iii).

(b) (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.

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),~~

(d), 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.

(d) ~~(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~~).(c).

(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.

(e) ~~(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).~~

(i) (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.

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

entire class period.

(iii) (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. Beginning with the

2016-2017 school year, at least 1 observation must be unscheduled.

(iv) Beginning with the 2016-2017 school year, the school

administrator responsible for the teacher's performance evaluation

shall conduct at least 1 of the observations. Other observations

may be conducted by other observers who are trained in the use of

the evaluation tool that is used under subdivision (f). These other

observers may be teacher leaders.

(v) Beginning with the 2016-2017 school year, 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.

(f) ~~(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 after~~

~~review of the recommendations contained in the report of the former~~

~~Michigan council for educator effectiveness. 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.~~by the

beginning of the 2016-2017 school year, the school district,

intermediate school district, or public school academy shall adopt

and implement 1 or more of the evaluation tools for teachers that

are included on the list under subsection (5). However, if a school

district, intermediate school district, or public school academy

has 1 or more local evaluation tools for teachers or modifications

of an evaluation tool on the list under subsection (5), and the

school district, intermediate school district, or public school

academy complies with subsection (3), the school district,

intermediate school district, or public school academy may conduct

annual year-end evaluations for teachers using 1 or more local

evaluation tools or modifications. The evaluation tools shall be

used consistently among the schools operated by a school district,

intermediate school district, or public school academy so that all

similarly situated teachers are evaluated using the same evaluation

tool.

(g) ~~(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.

(h) ~~(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 assign a mentor or coach to each teacher who is

described in subdivision ~~(b).~~(d).

(i) ~~(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.

(j) ~~(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. This subdivision does not affect the ability of a

school district, intermediate school district, or public school

academy to dismiss ~~an ineffective~~ a teacher from his or her

employment regardless of whether the teacher is rated as

ineffective on 3 consecutive annual year-end evaluations.

(k) ~~(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.

(l) ~~(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.

(m) Beginning with the 2016-2017 school year, the school

district, intermediate school district, or public school academy

shall provide training to teachers on the evaluation tool or tools

used by the school district, intermediate school district, or

public school academy in its performance evaluation system and on

how each evaluation tool is used. This training may be provided by

a school district, intermediate school district, or public school

academy, or by a consortium consisting of 2 or more of these.

(n) Beginning with the 2016-2017 school year, a school

district, intermediate school district, or public school academy

shall ensure that training is provided to all evaluators and

observers. The training shall be provided by an individual who has

expertise in the evaluation tool or tools used by the school

district, intermediate school district, or public school academy,

which may include either a consultant on that evaluation tool or

framework or an individual who has been trained to train others in

the use of the evaluation tool or tools. This subdivision does not

prohibit a school district, intermediate school district, public

school academy, or consortium consisting of 2 or more of these,

from providing the training in the use of the evaluation tool or

tools if the trainer has expertise in the evaluation tool or tools.

~~(3) Beginning with the 2015-2016 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) 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 after review of the recommendations~~

~~contained in the report of the former Michigan council for educator~~

~~effectiveness. 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) It is the intent of the legislature to review the report~~

~~submitted by the former Michigan council for educator effectiveness~~

~~and to enact appropriate legislation to put into place a statewide~~

~~performance evaluation system taking into consideration the~~

~~recommendations contained in the report.~~

~~(5) 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 July 19, 2011, the school district, intermediate~~

~~school district, or public school academy had 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. For 2014-2015, for grades and subjects in which~~

~~state assessments are administered in compliance with 20 USC 6311,~~

~~student growth must be measured, at least in part, using the state~~

~~assessments, and for grades and subjects in which state assessments~~

~~are not required and administered for purposes of 20 USC 6311,~~

~~student growth must be measured, at least in part, using~~

~~alternative assessments that are rigorous and comparable across~~

~~schools within the school district, intermediate school district,~~

~~or public school academy. Student growth also may be measured by~~

~~standards-based, nationally normed assessments and other objective~~

~~criteria which may include other national or local 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 notified the former 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.~~

~~(6) If, after July 19, 2011, 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 (5).~~

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

~~public school academy posts a description of the performance~~

~~evaluation system on its website.~~

(3) Beginning with the 2016-2017 school year, a school

district, intermediate school district, or public school academy

shall post on its public website all of the following information

about the evaluation tool or tools it uses for its performance

evaluation system for teachers:

(a) The research base for the evaluation framework,

instrument, and process or, if the school district, intermediate

school district, or public school academy adapts or modifies an

evaluation tool from the list under subsection (5), the research

base for the listed evaluation tool and an assurance that the

adaptations or modifications do not compromise the validity of that

research base.

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

or, if the school district, intermediate school district, or public

school academy adapts or modifies an evaluation tool from the list

under subsection (5), the identity and qualifications of a person

with expertise in teacher evaluations who has reviewed the adapted

or modified evaluation tool.

a plan for developing that evidence or, if the school district,

intermediate school district, or public school academy adapts or

modifies an evaluation tool from the list under subsection (5), an

assurance that the adaptations or modifications do not compromise

the reliability, validity, or efficacy of the evaluation tool or

the evaluation process.

(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 evaluators and

observers with training.

(4) ~~(7)~~ If a collective bargaining agreement is was in effect

for teachers or school administrators of a school district, public

school academy, or intermediate school district as of July 19,

2011, if that same collective bargaining agreement is still in

effect as of the effective date of the amendatory act that added

section 1531j, and if that collective bargaining agreement prevents

Senate Bill No. 103 as amended October 15, 2015

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.

(5) The department shall establish and maintain a list of

teacher evaluation tools that have demonstrated evidence of

efficacy and that may be used for the purposes of this section.

That list initially shall include at least the evaluation models

recommended in the final recommendations released by the Michigan

council on educator effectiveness in July 2013. The list shall

include a statement indicating that school districts, intermediate

school districts, and public school academies are not limited to

only using the evaluation tools that are included on the list. A

school district, intermediate school district, or public school

academy is not required to use an evaluation tool for teacher

evaluations that is the same as it uses for school administrator

evaluations or that has the same author or authors as the

evaluation tool it uses for school administrator evaluations. The

department shall promulgate rules establishing standards and

procedures for adding an evaluation tool to or removing an

evaluation tool from the list. These rules shall include a process

for a school district, intermediate school district, or public

school academy to submit its own evaluation tool for review for

placement on the list.

[(6) The training required under subsection (2) shall be paid for from the funds available in the educator evaluation reserve fund created under section 95a of the state school aid act, MCL 388.1695a.

(7)] This section does not affect the operation or

applicability of section 1248.

Sec. 1249a. (1) Beginning with the 2018-2019 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 2018-2019 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. 1249b. (1) 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 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.

However, a superintendent or chief administrator shall be evaluated

by the board or board of directors or, if the superintendent or

chief administrator is not employed directly by the board or board

of directors, by the designee of the board or board of directors.

(b) For the 2015-2016, 2016-2017, and 2017-2018 school years,

25% of the annual evaluation shall be based on student growth and

assessment data. Beginning with the 2018-2019 school year, 40% of

the annual evaluation shall be based on student growth and

assessment data. The student growth and assessment data to be used

for the school administrator annual 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.

the performance evaluation system, the school district,

intermediate school district, or public school academy shall

develop or adopt and implement an evaluation tool for school

administrators. The portion of a school administrator's annual

evaluation that is not based on student growth shall be based

primarily on the school administrator's performance as measured by

this evaluation tool.

(d) The portion of the annual evaluation that is not based on

student growth and assessment data as provided under subdivision

(b) or on an evaluation tool as provided under subdivision (c)

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 proficiency in using the

evaluation tool for teachers used by the school district,

intermediate school district, or public school academy under

section 1249. 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 proficiency in using the evaluation tool for teachers

used by the school district, intermediate school district, or

public school academy under section 1249, 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, as available, and

other information considered pertinent by the superintendent or

other school administrator conducting the performance evaluation or

the board or board of directors.

(e) For the purposes of conducting annual evaluations under

the performance evaluation system, by the beginning of the 2016-

2017 school year, the school district, intermediate school

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

more of the evaluation tools for school administrators that are

included on the list under subsection (3). However, if a school

district, intermediate school district, or public school academy

has 1 or more local evaluation tools for school administrators or

modifications of an evaluation tool on the list under subsection

(3), and the school district, intermediate school district, or

public school academy complies with subsection (2), the school

district, intermediate school district, or public school academy

may conduct annual year-end evaluations for school administrators

using 1 or more local evaluation tools or modifications.

(f) The evaluation tool and other measures used by the school

district, intermediate school district, or public school academy in

its performance evaluation system for school administrators shall

be used consistently across the schools operated by a school

district, intermediate school district, or public school academy so

that all similarly situated school administrators are evaluated

using the same measures.

(g) 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.

(h) 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 actions designed to improve the

rating of the school administrator on his or her next annual

evaluation.

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

school administrator described in this subsection is rated as

ineffective on 3 consecutive annual evaluations, the school

district, public school academy, or intermediate school district

shall dismiss the school administrator from his or her employment.

This subdivision does not affect the ability of a school district,

intermediate school district, or public school academy to dismiss a

school administrator from his or her employment regardless of

whether the school administrator is rated as ineffective on 3

consecutive annual evaluations.

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

school administrator is rated as highly effective on 3 consecutive

annual evaluations, the school district, intermediate school

district, or public school academy may choose to conduct an

evaluation biennially instead of annually. However, if a school

administrator is not rated as highly effective on 1 of these

biennial evaluations, the school administrator shall again be

provided with annual evaluations.

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

public school academy shall provide training to school

administrators on the measures used by the school district,

intermediate school district, or public school academy in its

performance evaluation system for school administrators and on how

each of the measures is used. This training may be provided by a

school district, intermediate school district, or public school

academy, or by a consortium consisting of 2 or more of these.

(l) Beginning with the 2016-2017 school year, a school