HB-6401, As Passed House, December 13, 2018
HOUSE BILL No. 6401
September 26, 2018, Introduced by Rep. Noble and referred to the Committee on Education Reform.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1249b (MCL 380.1249b), as added by 2015 PA 173.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 Subject to subdivision (j), the performance evaluation
system shall must 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% Twenty-five percent of the annual evaluation shall must 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.
(c) For the purposes of conducting annual evaluations under
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 must 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 must 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 must 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
must 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 must 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 must 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 must 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 must 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,
or public school academy 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 must 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
district, intermediate school district, or public school academy
shall ensure that training is provided to all evaluators and
observers. The training shall must 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 that 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.
(2) 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 measures it uses for its performance evaluation system
for school administrators:
(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 (3), 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 (3), the identity and qualifications of a person
with expertise in teacher evaluations who has reviewed the adapted
or modified evaluation tool.
(c) Either evidence of reliability, validity, and efficacy or
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 (3), 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 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.
(3) The department shall establish and maintain a list of
school administrator evaluation tools that have demonstrated
evidence of efficacy and that may be used for the purposes of this
section. That list initially shall must include at least the 2
evaluation models recommended in the final recommendations released
by the Michigan council on educator effectiveness in July 2013. The
list shall must 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 school administrator evaluations that is the
same as it uses for teacher evaluations or that has the same author
or authors as the evaluation tool it uses for teacher 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 must 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.
(4) The training required under subsection (1) shall must be
paid for from the funds available in the educator evaluation
reserve fund created under section 95a of the state school aid act
of 1979, MCL 388.1695a.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.