2023 Senate Bill 359 / Public Act 112

Labor: collective bargaining; method of compensation for teachers and school administrators; modify.

An act to amend 1976 PA 451, entitled “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,” by amending section 1250 (MCL 380.1250), as amended by 2018 PA 601.

House Fiscal Agency Analysis

Senate Bill 359 would amend the Revised School Code to eliminate a requirement that teachers and school administrators hired by a community school district after September 1, 2019, have their compensation or additional compensation primarily determined by their job performance and accomplishments, and to eliminate a prohibition on considering length of service or achievement of an advanced degree in determining compensation or additional compensation.

Introduced in the Senate

May 25, 2023

Introduced by Sen. Stephanie Chang (D-3) and eight co-sponsors

Co-sponsored by Sens. Dayna Polehanki (D-5), Darrin Camilleri (D-4), Sylvia Santana (D-2), Erika Geiss (D-1), Mallory McMorrow (D-8), Jeremy Moss (D-7), John Cherry (D-27) and Mary Cavanagh (D-6)

Referred to the Committee on Education

June 13, 2023

Reported without amendment

June 14, 2023

Referred to the Committee of the Whole

Reported without amendment

Amendment offered by Sen. Jonathan Lindsey (R-17)

1. Amend page 1, line 5, after “as” by striking out the balance of the line through “significant” on line 6 and inserting “the primary”.

2. Amend page 2, line 1, after “compensation.” by striking out the balance of the line through “agreement.” on line 13 and inserting “A teacher’s or school administrator’s job performance must be evaluated based on the teacher’s annual evaluation under section 1249 or the school administrator’s annual evaluation under section 1249b, as applicable.

(2) A school district, intermediate school district, or public school academy shall not use length of service or achievement of an advanced degree as a factor in compensation levels or adjustments in compensation except as follows:

(a) For a teacher with a secondary level teaching certificate who has a subject area endorsement and who teaches in that subject area, an advanced degree achieved in that subject area may be considered as a factor in the teacher’s base compensation.

(b) For a teacher with an elementary level teaching certificate who teaches in an elementary grade, an advanced degree in elementary education may be considered as a factor in the teacher’s base compensation.

(3) If a collective bargaining agreement is in effect for teachers or school administrators of a school district, intermediate school district, or public school academy as of the effective date of the amendatory act that added this sentence, and if that collective bargaining agreement prevents compliance with subsection (1), subsection (1) does not apply to that school district, intermediate school district, or public school academy until after the expiration of that collective bargaining agreement.”.

The amendment failed 18 to 20 (details)

Passed in the Senate 21 to 17 (details)

Received in the House

June 14, 2023

Referred to the Committee on Education

June 20, 2023

Reported without amendment

Passed in the House 56 to 53 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

June 27, 2023

Motion to give immediate effect by Sen. Sam Singh (D-28)

The motion did not prevail by voice vote

Motion to reconsider immediate effect by Sen. Sam Singh (D-28)

The motion prevailed by voice vote

Motion to give immediate effect

The motion prevailed by voice vote

Signed by Gov. Gretchen Whitmer

July 27, 2023