SB-0909, As Passed Senate, June 12, 2018

SUBSTITUTE FOR

SENATE BILL NO. 909

     A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending sections 553a, 1231, 1233, 1233b, and 1531i (MCL

380.553a, 380.1231, 380.1233, 380.1233b, and 380.1531i), section

553a as amended by 2011 PA 277, section 1231 as amended by 2016 PA

192, section 1233 as amended by 2017 PA 151, section 1233b as

amended by 1995 PA 289, and section 1531i as amended by 2018 PA

106.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 553a. (1) An authorizing body may issue a contract to

establish a school of excellence that is a cyber school. A cyber

school shall provide full-time instruction to pupils through online

learning or otherwise on a computer or other technology, and this

instruction and learning may occur remote from a school facility.

     (2) A contract for a school of excellence that is a cyber

school shall include all of the provisions required under section

553 and all of the following:

     (a) A requirement that a teacher who holds appropriate

certification according to state board rule or who is engaged to

teach under section 1233b will be responsible for all of the

following for each course in which a pupil is enrolled:

     (i) Improving learning by planned instruction.

     (ii) Diagnosing the pupil's learning needs.

     (iii) Assessing learning, assigning grades, and determining

advancement.

     (iv) Reporting outcomes to administrators and parents or legal

guardians.

     (b) A requirement that the cyber school will make educational

services available to pupils for a minimum of at least 1,098 hours

during a school year and will ensure that each pupil participates

in the educational program for at least 1,098 hours during a school

year.

     (3) Notwithstanding any other provision of this act or any

rule, if a school of excellence that is a cyber school is in

compliance with the requirements of subsection (2)(a) regarding a

certificated teacher or a teacher engaged to teach under section

1233b, any other adult assisting with the oversight of a pupil

during the pupil's participation in the cyber school's education

program is not required to be a certificated teacher, a teacher

engaged to teach under section 1233b, or an employee of the school.

     (4) Notwithstanding any rule to the contrary, a cyber school

is not required to comply with any rule that would require a

pupil's physical presence or attendance in a classroom.

     (5) At the end of a cyber school's second complete school year

of operations, the authorizing body of a school of excellence that

is a cyber school shall submit to the superintendent of public

instruction and the legislature, in the form and manner prescribed

by the superintendent of public instruction, a report detailing the

operation of the cyber school, providing statistics of pupil

participation and academic performance, and making recommendations

for any further statutory or rule change related to cyber schools

and online learning in this state.

     Sec. 1231. (1) Except as otherwise provided in subsection (5),

the board of a school district shall hire and contract with

qualified teachers. Contracts with teachers shall be in writing and

signed on behalf of the school district by a majority of the board,

by the president and secretary of the board, or by the

superintendent of schools or an authorized representative of the

board. The contracts shall specify the wages agreed upon.

     (2) A teacher's contract shall be filed with the secretary of

the board and a duplicate copy of the contract shall be furnished

to the teacher.

     (3) Except as otherwise provided under this act, a contract

with a teacher is not valid unless the individual holds a valid

teaching certificate or is engaged to teach under section 1233b at

the time the contractual period begins or the individual is engaged

to teach in a community district under section 1233c. A contract

shall terminate if the certificate expires by limitation and is not

renewed immediately or if it is suspended or revoked by proper

legal authority.

     (4) The board of a school district, after a teacher has been

employed at least 2 consecutive years by the board, may enter into

a continuing contract with a certificated teacher or a teacher

engaged to teach under section 1233b or, for a community district,

with an individual engaged to teach in a community district under

section 1233c.

     (5) The school board of a school district that is a community

district may employ or contract for, or both, qualified teachers

and other qualified instructional personnel at a public school that

formerly operated as an achievement school, as defined in section 3

of the state school aid act of 1979, MCL 388.1603, as necessary to

carry out the purposes of the community district.

     (6) As used in this section: , "teacher"

     (a) "Achievement school" means a public school formerly within

the education achievement system that was operated, managed,

authorized, established, or overseen by the achievement authority.

     (b) "Teacher" does not include a substitute teacher.

     Sec. 1233. (1) Except as otherwise provided by law, and

subject to section sections 1233b and 1233c, the board of a school

district or intermediate school board of an intermediate school

district shall not permit a teacher who does not hold a valid

teaching certificate to teach in a grade or department of the

school.

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

board of an intermediate school district shall not allow an

individual to serve in a counseling role in the school district or

intermediate school district, as the role is defined by the

superintendent of public instruction, unless the individual meets 1

or more of the following:

     (a) The individual holds a valid teaching certificate with a

school counseling endorsement.

     (b) The individual meets all of the following:

     (i) Holds a master's degree awarded after completion of an

approved school counselor education program that includes at least

all of the following skills and content areas or their equivalent:

     (A) Guidance services--philosophy, principles, and practices.

     (B) Individual and group analysis--nature and range of human

characteristics and appraisal methods.

     (C) Guidance information--vocational development theory,

educational and occupational information.

     (D) Counseling theory and practice--individual and group

procedures, administration and coordination relationships,

professional relationships, and ethics.

     (E) Supervised experiences--laboratory, practicum, or

internship.

     (F) Evaluation--statistics and research methodology, follow-up

evaluation, and measurement methods.

     (ii) Has successfully completed the department's guidance

counselor examination.

     (iii) Has been recommended by an approved school counselor

education program to provide services as a school counselor.

     (c) The individual meets both of the following:

     (i) Has at least 5 years of successful experience serving in a

school counseling role in another state within the immediately

preceding 7-year period.

     (ii) Has successfully completed the department's guidance

counselor examination.

     (3) Except for teachers engaged to teach under section 1233b

and teachers engaged to teach in a community district under section

1233c, the intermediate superintendent shall notify the

superintendent of public instruction immediately of the names of

noncertificated teachers teaching in violation of subsection (1)

and the names of individuals serving in counseling roles in

violation of subsection (2), the employing district, and the amount

of time the noncertificated teachers or unqualified individuals

were employed.

     (4) A vocational teacher preparation institution shall utilize

the employment experience of an annually authorized teacher for the

purpose of waiving student teaching as a requirement for vocational

certification if the annually authorized teacher is supervised by

the teacher preparation institution.

     (5) All vocational education teachers certified after June 1,

1995 shall pass a competency test.

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

district may employ an individual without a teaching certificate as

a substitute teacher if the individual has at least 90 semester

hours of college credit from a college or university.

     (7) Beginning 2 years after the effective date of the

amendatory act that added this subsection, February 6, 2020, the

department shall not renew an individual's school counselor

credential unless the department determines that, within the time

period since the individual's school counselor credential was

issued or last renewed, whichever is most recent, the individual

has completed at least 25 hours of professional development

approved by the department under subsection (9) covering counseling

about the college preparation and selection process and at least 25

hours of professional development approved by the department under

subsection (9) covering career counseling. For the purposes of this

subsection, career counseling includes, but is not limited to,

exploration of military career options and the skilled trades as

well as other careers and pathways that lead to industry

credentials awarded in recognition of an individual's attainment of

measurable technical or occupational skills necessary to obtain

employment or advance within an occupation. The hours of

professional development required under this subsection covering

career counseling shall include at least 5 hours covering military

career options. The hours of professional development required

under this subsection are a part of and not in addition to

professional development requirements under department rule.

     (8) An individual may complete the professional development

hours for the purposes of subsection (7) as part of the

professional development provided by a school district,

intermediate school district, public school academy, or nonpublic

school under section 1527 if the content and curriculum of the

professional development provided under section 1527 are approved

by the department under subsection (9).

     (9) The department shall approve the professional development

for the purposes of subsection (7). The department shall only

approve a professional development program or course for the

purposes of subsection (7) if the department determines that the

content and curriculum for the professional development meet

standards that are developed by the department in consultation with

the department of talent and economic development and groups

representing school counselors, college admissions professionals,

financial aid officers, employers, and others as determined

appropriate by the department. The department shall develop these

standards by July 1, 2018 and shall facilitate the involvement in

the development of the standards of the groups required under this

subsection.

     (10) The superintendent of public instruction shall promulgate

or modify rules as necessary to implement subsections (7) to (9).

     Sec. 1233b. (1) Except Subject to subsection (2) and except as

provided in subsection (3), the board of a local school district or

intermediate school district or the board of directors of a public

school academy may engage a full-time or part-time noncertificated,

nonendorsed teacher to teach a course in computer science, a

foreign language, mathematics, biology, chemistry, engineering,

physics, robotics, or in another subject area determined by the

state board to be appropriate to be included under this section and

so designated by the state board, or any combination of these

subject areas, in grades 9 through 12, or in a career and technical

education program.

     (2) Subject to subsection (3), a noncertificated, nonendorsed

teacher is qualified to teach pursuant to under this section if he

or she meets all at least 1 of the following minimum requirements:

     (a) Both of the following:

     (i) Possesses an earned doctoral degree from an accredited

postsecondary institution.

     (ii) Is a faculty member employed full-time by an accredited

postsecondary institution who has been granted institutional

tenure, or has been designated as being on tenure track, by the

postsecondary institution.

     (b) All of the following:

(i) (a) Possesses an earned bachelor's degree from an

accredited postsecondary institution.

(ii) (b) Has a major or a graduate degree in the field of

specialization in which he or she will teach.

(iii) (c) If the teacher desires to teach for more than 1

year, has passed both a basic skills examination and a subject area

examination, if a subject area examination exists, in the field of

specialization in which he or she will teach.

(iv) (d) Except in the case of persons individuals engaged to

teach a foreign language, has, in the 5-year period immediately

preceding the date of hire, not less than 2 years of occupational

experience in the field of specialization in which he or she will

teach.

     (c) For teaching in a career and technical education program,

holds a professional license or certification in the subject matter

in which he or she is engaged to teach.

     (d) Holds a current teaching certificate or license issued by

a department, board, or authority in another state of the United

States or the District of Columbia.

     (3) The requirements listed in subsection (2) for a teacher

engaged to teach pursuant to under this section shall be in

addition to any other requirements established by the board of a

local school district or intermediate school district or the board

of directors of a public school academy, as applicable.

     (4) Except as provided in subsection (5), the board of a local

school district or intermediate school district or the board of

directors of a public school academy shall not engage a full-time

or part-time noncertificated, nonendorsed teacher to teach a course

described in subsection (1) if the district or public school

academy is able to engage a certificated, endorsed teacher.

     (5) If the board of a local school district or intermediate

school district or the board of directors of a public school

academy is able to engage a certificated, endorsed teacher to teach

a course described in subsection (1), the local or intermediate

school board or board of directors may employ or continue to employ

a noncertificated, nonendorsed teacher to teach the course if both

of the following conditions are met:the noncertificated,

nonendorsed teacher meets at least 1 of the following:

     (a) Both of the following:

(i) (a) The noncertificated, nonendorsed teacher is annually

and continually enrolled and completing credit in an approved

teacher preparation program leading to a provisional teaching

certificate.

(ii) (b) The noncertificated, nonendorsed teacher has a

planned program leading to teacher certification on file with the

employing school district, or intermediate school district, or

public school academy, his or her teacher preparation institution,

and the department. of education.

     (b) For a noncertificated, nonendorsed teacher teaching in a

career and technical education program, meets both of the

following:

     (i) During the first 2 years of his or her employment as a

teacher under this section, completes a program of instruction on

pedagogical skills that is approved by the board of the school

district or intermediate school district or the board of directors

of the public school academy employing the teacher.

     (ii) Engages in a comprehensive and ongoing mentorship

experience, as determined by the board of the school district or

intermediate school district or the board of directors of the

public school academy employing the teacher.

     (6) If the a noncertificated, nonendorsed teacher completes 3

years of successful classroom teaching, as determined by regular

observation and review by school district, intermediate school

district, or public school academy personnel and teacher

preparation institution personnel, the department of education and

a teacher preparation institution shall utilize the teaching

experience of a noncertificated, nonendorsed teacher for the

purpose of waiving student teaching as a condition for receiving a

continued employment authorization in the school district,

intermediate school district, or public school academy and a

provisional teaching certificate.

     Sec. 1531i. (1) The superintendent of public instruction shall

establish a process for an individual to earn an interim teaching

certificate under this section that qualifies the individual to

teach in the public schools and to earn a Michigan teaching

certificate using the process under this section. The process shall

meet all applicable requirements for an alternative teaching

certification process under the no child left behind act of 2001,

Public Law 107-110. The process shall not allow for an interim

teaching certificate for special education.

     (2) The process established under subsection (1) shall provide

that the superintendent of public instruction will grant an interim

teaching certificate to an individual who meets all of the

following:

     (a) Is a participant in an alternative teaching program that

is approved by the superintendent of public instruction . To be

approved, a program provider shall demonstrate to the satisfaction

of the superintendent of public instruction that it meets all of

the following:or is a participant in an alternative teaching

program operated by an intermediate school district. An alternative

teaching program under this subdivision must meet all of the

following:

     (i) Provides for its participants an intensive training

program in teaching that is determined by the superintendent of

public instruction to constitute the equivalent of at least 12

college credit hours and that includes training in at least all of

the following subject areas:

     (A) Child development or child psychology.

     (B) Family and community relationships.

     (C) Diverse learners.

     (D) Instructional strategies.

     (E) A form of field-based experience in a classroom setting.

     (ii) Has a proven record of producing successful teachers or

is modeled after a program that has a proven record of producing

successful teachers.

     (iii) Its participants have a cohort grade point average of at

least 3.0 on a 4.0 scale or the equivalent on another scale, as

determined by the superintendent of public instruction, upon

earning the degree required under subdivision (b). If a cohort

member has earned more than 1 degree required under subdivision

(b), the highest grade point average earned by the cohort member

must be used in calculating the cohort grade point average under

this subparagraph.

     (iv) Accepts for participation only individuals who meet the

requirements of subdivision (b).

     (b) Holds a bachelor's, master's, doctorate, or professional

degree from a regionally accredited college or university.

     (c) Passes the appropriate available subject area examination

for each subject area in which he or she applies to be certified.

     (3) The process established under subsection (1) shall provide

that the superintendent of public instruction will grant an interim

teaching certificate to a teacher who has taught under section

1233b for 3 years, in the subject area in which the teacher taught

under section 1233b.

(4) (3) An individual earning a Michigan teaching certificate

using the process under this section will be subject to provisions

of administrative rules governing teachers, as established by the

superintendent of public instruction.

(5) (4) An individual who possesses an interim teaching

certificate under this section may be employed to teach in a public

school in the same manner as an individual holding a Michigan

teaching certificate issued under section 1531 if all of the

following requirements are met:

     (a) While the individual is teaching under an interim teaching

certificate, the school district or public school academy in which

the individual is teaching provides intensive observation and

coaching in a manner and to the extent prescribed by the

superintendent of public instruction.

     (b) The individual is making satisfactory progress toward

meeting the requirements for being awarded a Michigan teaching

certificate under section 1531, as established by the

superintendent of public instruction under subsection (5).(6).

(6) (5) The superintendent of public instruction shall develop

standards for granting an individual a Michigan teaching

certificate issued under section 1531 after the individual has

demonstrated satisfactory teaching performance for 3 years under an

interim teaching certificate and has met the requirements

established by the superintendent of public instruction for a

Michigan teaching certificate.

(7) (6) The superintendent of public instruction shall

promulgate rules that he or she considers necessary to implement

this section.

(8) (7) As used in this section:

     (a) "Cohort" means all of the individuals enrolled in an

alternative teaching program approved by the superintendent of

public instruction for the 3 years immediately preceding the

granting of an interim teaching certificate under this section to

an individual enrolled in the alternative teaching program.

     (b) "Elementary certification examination" and "subject area

examination" mean those terms as defined in section 1531.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.

     Enacting section 2. This amendatory act does not take effect

unless Senate Bill No. 910 of the 99th Legislature is enacted into

law.