March 25, 2015, Introduced by Rep. Glenn and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 553a, 632, 1231, 1233, 1233b, 1235, 1237,
1473, and 1531f (MCL 380.553a, 380.632, 380.1231, 380.1233,
380.1233b, 380.1235, 380.1237, 380.1473, and 380.1531f), section
553a as amended by 2011 PA 277, section 632 as amended by 2007 PA
107, section 1231 as amended by 2002 PA 735, section 1233 as
amended by 2000 PA 288, section 1233b as amended by 1995 PA 289,
section 1237 as added by 2000 PA 387, section 1473 as amended by
2000 PA 230, and section 1531f as added by 2010 PA 168.
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 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 or 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. 632. (1) In the process of establishing salaries or
determining other working conditions, the intermediate school board
may provide other related benefits of an economic nature on a joint
participating or nonparticipating basis with intermediate school
district employees. Subject to section 633, the benefits may
include health and accident insurance coverage, group life
insurance, annuity contracts, and reimbursement for credit hours
earned during employment for professional improvement.
(2) After a teacher has been employed at least 7 consecutive
years by the intermediate school board, and at the end of each
additional period of 7 or more consecutive years of employment, the
intermediate school board may grant the teacher a sabbatical leave
for professional improvement for not to exceed 2 semesters at 1
time, if the teacher holds a permanent, life, or continuing
certificate or is engaged to teach under section 1233b. During the
sabbatical leave, the teacher shall be considered to be in the
employ of the intermediate school board, shall have a contract, and
may be paid compensation under the regulations of the intermediate
school board. The intermediate school board shall not be held
liable for death or injuries sustained by a teacher while on
sabbatical leave.
Sec. 1231. (1) 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 person holds a valid
teaching certificate at the time the contractual period begins or
is engaged to teach under section 1233b. 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 teacher
engaged to teach under section 1233b.
(5) As used in this section, "teacher" does not include a
substitute teacher.
Sec. 1233. (1) Except as otherwise provided by law, and
subject to section 1233b, 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 and the board or intermediate school board
complies with subsection (7):
(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)
The Except for teachers
engaged to teach under section
1233b, 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 a person without a teaching certificate as a
substitute teacher if the person has at least 90 semester hours of
college credit from a college or university.
(7) If the board of a school district or intermediate school
board of an intermediate school district chooses to employ an
individual who does not hold a valid teaching certificate to serve
in a counseling role, as permitted under subsection (2), the school
board or intermediate school board shall comply with sections 1230
and 1230a with respect to that individual to the same extent as
required for employing a person with a teaching certificate to
serve as a teacher.
Sec.
1233b. (1) Except as provided in subsection (3), the The
board of a local or intermediate school district or 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.in its
schools if the board or board of directors determines that, due to
the individual's combination of education and experience, it would
be appropriate and in the best interests of the pupils of the
school district, intermediate school district, or public school
academy.
(2)
Subject to subsection (3), a noncertificated, nonendorsed
teacher
is qualified to teach pursuant to this section if he or she
meets
all of the following minimum requirements:
(a)
Possesses an earned bachelor's degree from an accredited
postsecondary
institution.
(b)
Has a major or a graduate degree in the field of
specialization
in which he or she will teach.
(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.
(d)
Except in the case of persons 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.
(3)
The requirements listed in subsection (2) for a teacher
engaged
to teach pursuant to this section shall be in addition to
any
other requirements established by the board of a local or
intermediate
school district, as applicable.
(4)
Except as provided in subsection (5), the board of a local
or
intermediate school district shall not engage a full-time or
part-time
noncertificated, nonendorsed teacher to teach a course
described
in subsection (1) if the district is able to engage a
certificated,
endorsed teacher.
(5)
If the board of a local or intermediate school district is
able
to engage a certificated, endorsed teacher to teach a course
described
in subsection (1), the local or intermediate school board
may
employ or continue to employ a noncertificated, nonendorsed
teacher
to teach the course if both of the following conditions are
met:
(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.
(b)
The noncertificated, nonendorsed teacher has a planned
program
leading to teacher certification on file with the employing
school
district or intermediate school district, his or her teacher
preparation
institution, and the department of education.
(2) (6)
If the a noncertificated,
nonendorsed teacher engaged
to teach under this section completes 3 years of successful
classroom teaching, as determined by regular observation and review
by school district and teacher preparation institution personnel,
the
department of education and a teacher preparation institution
shall
utilize the teaching experience of a the noncertificated,
nonendorsed teacher for the purpose of waiving student teaching as
a
condition for receiving a continued employment authorization in
the
school district and a provisional
teaching certificate.
Sec. 1235. (1) After a teacher has been employed at least 7
consecutive years by the board of a school district, and at the end
of each additional period of 7 or more consecutive years of
employment, the board may grant the teacher a sabbatical leave for
professional improvement for not to exceed 2 semesters at 1 time,
if the teacher holds a permanent, life, or continuing certificate,
is engaged to teach under section 1233b, or is engaged in teaching
in a college maintained by the board. During the sabbatical leave,
the teacher shall be considered to be in the employ of the board,
shall have a contract, and may be paid compensation as provided in
the regulations of the board. The board shall not be liable for
death or injuries sustained by the teacher while on sabbatical
leave.
(2) A teacher shall be allowed credit toward retirement for
time spent on sabbatical leave under regulations established by the
Michigan
public school employee's employees'
retirement board.
(3) Upon return from a sabbatical leave a teacher shall be
restored to the teacher's position held prior to sabbatical leave
or to a position of like nature, seniority, status, and pay. The
teacher shall be entitled to other benefits provided under
regulations of the board.
Sec. 1237. Notwithstanding any other provision of this act or
a rule to the contrary, a school district, local act school
district, intermediate school district, or public school academy
may employ a person who does not hold a teaching certificate to
provide speech and language services if the person meets the
requirements for speech-language certification by the American
speech-language-hearing
association. However, a person who does not
hold
a teaching certificate shall not be assigned to serve as a
classroom
teacher.Speech-Language-Hearing
Association.
Sec. 1473. (1) The board of a school district, board of
directors of a public school academy, or governing board of a
nonpublic school shall consider providing college level equivalent
courses either directly, through an intermediate district program,
or by agreement in a consortium or cooperative program.
(2) If a public school pupil successfully completes a college
level equivalent course that is offered by electronic means,
including,
but not limited to, the internet, Internet, digital
broadcast, or satellite network, and is offered by a school
district, a regionally accredited college or university, or the
Michigan
virtual high school Virtual
High School described in
section 1481, and if the pupil has been sponsored in this process
by a certificated teacher employed by the pupil's school district
or public school academy or a teacher engaged to teach under
section 1233b by the pupil's school district or public school
academy, the school district or public school academy in which the
pupil is enrolled shall do all of the following:
(a) Grant appropriate high school credit for completion of the
course.
(b) Count that credit toward the graduation and subject area
requirements of the school district or public school academy.
Sec.
1531f. (1) The department may enter into a memorandum of
understanding
with a federally recognized Native American tribe,
the
board of a school district, or the board of directors of a
public
school academy that authorizes the superintendent of public
instruction
to issue a 3-year letter of approval or continuing
approval
to allow the As provided
under section 1233b, a Native
American
tribe, school district, or public school academy to may
use teachers who do not possess a valid Michigan teaching
certificate to teach a Native American tribal language and culture
class.
A memorandum of understanding entered into under this
section
shall require that a noncertificated teacher has
demonstrated
mastery of the tribal language either through a
credential
issued by a federally recognized Native American tribe
or
another means considered suitable by the department. The
memorandum
of agreement shall include requirements for renewal or
continuing
approval of the noncertificated teacher as established
by
the Native American tribe, the board of the school district, or
the
board of directors of the public school academy in
collaboration
with the department.
(2) Credits earned by a pupil in a Native American tribal
language taught by a noncertificated teacher pursuant to this
section may be applied by the Native American tribe, school
district, or public school academy for any purpose to the same
extent as if taught by a certificated teacher, including, but not
limited to, credit toward completion of the credit requirements
under section 1278a concerning a language other than English.
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.____ or House Bill No. 4395 (request no.
01883'15 a) of the 98th Legislature is enacted into law.