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 sections 1249, 1249a, 1249b, and 1280f (MCL 380.1249, 380.1249a, 380.1249b, and 380.1280f), section 1249 as amended by 2019 PA 6, section 1249a as amended by 2015 PA 173, section 1249b as amended by 2019 PA 5, and section 1280f as amended by 2023 PA 7; and to repeal acts and parts of acts.
SBs 395-396 remove the requirement that teacher evaluations include student growth and assessment data. It also includes a more involved process for teachers/administrators requesting a review of a “needing support” evaluation rating, among other things. It would allow districts to decide (via collective bargaining) whether or not to include student data in evaluations but stipulates that student data cannot exceed 20% of the evaluation. It allows teachers/administrators to request binding arbitration, and requires that the arbitrator use a “reasonable and just cause” standard of review when issuing findings. Just cause is a 7-factor procedural test that unelected arbitrators can use to overturn management decision making. “Needing support” evaluations will likely be discouraged since that will lead to arbitration, costing the district thousands just to defend the conclusion.
Introduced
by
Referred to the Committee on Education
Reported with substitute S-3
Referred to the Committee of the Whole
Reported with substitute S-3
Substitute S-3 concurred in by voice vote
Substitute S-5 offered
by
The substitute passed by voice vote
Passed in the Senate 20 to 18 (details)
Referred to the Committee on Education
Reported with substitute H-2
Substitute H-2 concurred in by voice vote
Passed in the House 56 to 54 (details)
Motion to give immediate effect
by
The motion prevailed by voice vote
Substitute H-2 concurred in 20 to 18 (details)
