2023 Senate Bill 396 / Public Act 225

Education: teachers and administrators; references regarding teacher performance evaluations; modify.

An act to amend 1937 (Ex Sess) PA 4, entitled “An act relative to continuing tenure of office of certificated teachers in public educational institutions; to provide for probationary periods; to regulate discharges or demotions; to provide for resignations and leaves of absence; to create a state tenure commission and to prescribe the powers and duties thereof; and to prescribe penalties for violation of the provisions of this act,” by amending section 4 of article I, sections 2a and 3b of article II, and section 3 of article III (MCL 38.74, 38.82a, 38.83b, and 38.93), section 4 of article I as amended by 2011 PA 100 and sections 2a and 3b of article II as added and section 3 of article III as amended by 2011 PA 101.

Mackinac Center Analysis

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 in the Senate

June 15, 2023

Introduced by Sen. Kristen McDonald Rivet (D-35)

Referred to the Committee on Education

Oct. 17, 2023

Reported without amendment

Oct. 18, 2023

Referred to the Committee of the Whole

Oct. 19, 2023

Reported without amendment

Passed in the Senate 20 to 18 (details)

Received in the House

Oct. 24, 2023

Referred to the Committee on Education

Oct. 31, 2023

Reported without amendment

Nov. 1, 2023

Passed in the House 56 to 54 (details)

Motion to give immediate effect by Rep. Jimmie Wilson (D-32)

The motion prevailed by voice vote

Signed by Gov. Gretchen Whitmer

Nov. 22, 2023