HOUSE BILL No. 5526

February 6, 2018, Introduced by Rep. Kelly and referred to the Committee on Education Reform.

A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending section 1280c (MCL 380.1280c), as amended by 2011 PA 8,

and by adding sections 1280g and 1280h.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1280c. (1) ~~Beginning in 2010,~~ Except as otherwise

provided in this subsection, not later than September 1 of each

year, the superintendent of public instruction shall publish a list

identifying the public schools in this state that the department

has determined to be among the lowest achieving 5% of all public

schools in this state, as defined for the purposes of the federal

incentive grant program created under sections 14005 and 14006 of

title XIV of the American recovery and reinvestment act of 2009,

Public Law 111-5. Beginning in 2019, not later than September 1 of

each year, the superintendent of public instruction shall publish a

list identifying the public schools in this state that have been

identified as comprehensive support and improvement schools under

section 1280g for that school year. A public school that is

identified as a comprehensive support and improvement school under

section 1280g is among the lowest achieving public schools in this

state.

(2) Except as otherwise provided in subsection (16), the

superintendent of public instruction shall issue an order placing

each public school that is included on the list under subsection

(1) under the supervision of the state school reform/redesign

officer described in subsection (9). Within 90 days after a public

school is placed under the supervision of the state school

reform/redesign officer under this section, the school board or

board of directors operating the public school shall submit a

redesign plan to the state school reform/redesign officer. For a

public school operated by a school board, the redesign plan shall

be developed with input from the local teacher bargaining unit and

the local superintendent. The redesign plan shall require

implementation of 1 of the 4 school intervention models that are

provided for the lowest achieving schools under the federal

incentive grant program created under sections 14005 and 14006 of

title XIV of the American recovery and reinvestment act of 2009,

Public Law 111-5, known as the "race to the top" grant program.

These models are the turnaround model, restart model, school

closure, and transformation model. The redesign plan shall include

an executed addendum to each applicable collective bargaining

agreement in effect for the public school that meets the

requirements of subsection (8).

(3) Within 30 days after receipt of a redesign plan for a

public school under subsection (2), the state school

reform/redesign officer shall issue an order approving,

disapproving, or making changes to the redesign plan. If the order

makes changes to the redesign plan, the school board or board of

directors has 30 days after the order to change the redesign plan

to incorporate those changes into the redesign plan and resubmit it

to the state school reform/redesign officer for approval or

disapproval.

(4) The state school reform/redesign officer shall not

disapprove a redesign plan that includes all of the elements

required under federal law for the school intervention model

included in the redesign plan. A school board or board of directors

may appeal disapproval of a redesign plan on this basis to the

superintendent of public instruction. The decision of the

superintendent of public instruction on the appeal is final.

(5) If the state school reform/redesign officer approves a

redesign plan under this section, the school board or board of

directors shall implement the redesign plan for the public school

beginning with the beginning of the next school year that begins

after the approval. The school board or board of directors shall

regularly submit monitoring reports to the state school

reform/redesign officer on the implementation and results of the

plan in the form and manner, and according to a schedule, as

determined by the state school reform/redesign officer.

(6) The state school reform/redesign school district is

created. The state school reform/redesign school district is a

school district for the purposes of section 11 of article IX of the

state constitution of 1963 and for receiving state school aid under

the state school aid act of 1979 and is subject to the leadership

and general supervision of the state board over all public

education under section 3 of article VIII of the state constitution

of 1963. The state school reform/redesign school district is a body

corporate and is a governmental agency. Except as otherwise

provided in subsection (7), if the state school reform/redesign

officer does not approve the redesign plan, or if the state school

reform/redesign officer determines that the redesign plan is not

achieving satisfactory results, the state school reform/redesign

officer shall issue an order placing the public school in the state

school reform/redesign school district, imposing for the public

school implementation of 1 of the 4 school intervention models

described in subsection (2) beginning with the beginning of the

next school year, and imposing an addendum to each applicable

collective bargaining agreement in effect for the public school as

necessary to implement the school intervention model and that meets

the requirements of subsection (8). All of the following apply to

the state school reform/redesign school district:

(a) The state school reform/redesign school district shall

consist of schools that are placed in the state school

reform/redesign school district.

(b) The state school reform/redesign officer shall act as the

superintendent of the state school reform/redesign school district.

With respect to schools placed in the state school reform/redesign

school district, the state school reform/redesign officer has all

of the powers and duties described in this section; all of the

provisions of this act that would otherwise apply to the school

board that previously operated a school placed in the state school

reform/redesign school district apply to the state school

reform/redesign officer with respect to that school, except those

relating to taxation or borrowing; except as otherwise provided in

this section, the state school reform/redesign officer may exercise

all the powers and duties otherwise vested by law in the school

board that previously operated a school placed in the state school

reform/redesign school district and in its officers, except those

relating to taxation or borrowing, and may exercise all additional

powers and duties provided under this section; and, except as

otherwise provided in this section, the state school

reform/redesign officer accedes to all the rights, duties, and

obligations of the school board with respect to that school. These

powers, rights, duties, and obligations include, but are not

limited to, all of the following:

(i) Authority over the expenditure of all funds attributable

to pupils at that school, including that portion of proceeds from

bonded indebtedness and other funds dedicated to capital projects

that would otherwise be apportioned to that school by the school

board that previously operated the school according to the terms of

the bond issue or financing documents.

(ii) Subject to subsection (8), rights and obligations under

collective bargaining agreements and employment contracts entered

into by the school board for employees at the school.

(iii) Rights to prosecute and defend litigation.

(iv) Rights and obligations under statute, rule, and common

law.

(v) Authority to delegate any of the state school

reform/redesign officer's powers and duties to 1 or more designees,

with proper supervision by the state school reform/redesign

officer.

(vi) Power to terminate any contract or portion of a contract

entered into by the school board that applies to that school.

However, this subsection does not allow any termination or

diminishment of obligations to pay debt service on legally

authorized bonds and does not allow a collective bargaining

agreement to be affected except as provided under subsection (8). A

contract terminated by the state school reform/redesign officer

under this subsection is void.

(7) If the state school reform/redesign officer determines

that better educational results are likely to be achieved by

appointing a chief executive officer to take control of multiple

public schools, the state school reform/redesign officer may make a

recommendation to the superintendent of public instruction for

appointment of a chief executive officer to take control over those

multiple schools. If the superintendent of public instruction

appoints a chief executive officer to take control of multiple

public schools under this subsection, the chief executive officer

shall impose for those public schools implementation of 1 of the 4

school intervention models described in subsection (2) and impose

an addendum to each applicable collective bargaining agreement in

effect for those public schools as necessary to implement the

school intervention model and that meets the requirements of

subsection (8). With respect to those public schools, the chief

executive officer has all of the same powers and duties that the

state school reform/redesign officer has for public schools placed

in the state school reform/redesign school district under

subsection (6). The chief executive officer shall regularly submit

monitoring reports to the state school reform/redesign officer on

the implementation and results of the intervention model in the

form and manner, and according to a schedule, as determined by the

state school reform/redesign officer. The chief executive officer

shall exercise any other powers or duties over the public schools

as may be directed by the superintendent of public instruction.

(8) An addendum to a collective bargaining agreement under

this section shall provide for any of the following that are

necessary for the applicable school intervention model to be

implemented at each affected public school:

(a) That any contractual or other seniority system that would

otherwise be applicable shall not apply at the public school. This

subdivision does not allow unilateral changes in pay scales or

benefits.

(b) That any contractual or other work rules that are

impediments to implementing the redesign plan shall not apply at

the public school. This subdivision does not allow unilateral

changes in pay scales or benefits.

the expenditure of all funds attributable to pupils at the public

school and the principal or other school leader designated by the

state school reform/redesign officer shall have full autonomy and

control over curriculum and discretionary spending at the public

school.

(9) The superintendent of public instruction shall hire a

state school reform/redesign officer to carry out the functions

under this section and as otherwise prescribed by law. The state

school reform/redesign officer shall be chosen solely on the basis

of his or her competence and experience in educational reform and

redesign. The state school reform/redesign officer is exempt from

civil service. The state school reform/redesign officer is

responsible directly to the superintendent of public instruction to

ensure that the purposes of this section are carried out, and

accordingly the position of state school reform/redesign officer

should be a position within the department that is exempt from the

classified state civil service. The department shall request that

the civil service commission establish the position of state school

reform/redesign officer as a position that is exempt from the

classified state civil service.

(10) If the state school reform/redesign officer imposes the

restart model for a public school in the state school

reform/redesign school district, or a chief executive officer under

subsection (7) imposes the restart model for multiple public

schools under that subsection, all of the following apply:

(a) The state school reform/redesign officer or chief

executive officer shall enter into an agreement with an educational

management organization to manage and operate the public school or

schools. The state school reform/redesign officer or chief

executive officer shall provide sufficient oversight to ensure that

the public school or schools will be operated according to all of

the requirements for a restart model.

(b) There shall be considered to be no collective bargaining

agreement in effect that applies to employees working at the public

school or schools under this model at the time of imposition of the

model.

(11) If the state school reform/redesign officer imposes the

turnaround model for a public school in the state school

reform/redesign school district, or a chief executive officer under

subsection (7) imposes the turnaround model for multiple public

schools under that subsection, all of the following apply:

(a) A collective bargaining agreement that applies to

employees working at the public school or schools under this model

at the time of imposition of the model, and any successor

collective bargaining agreement, continues to apply with respect to

pay scales and benefits.

(b) Subject to any addendum to the collective bargaining

agreement that applies to the public school or schools, an employee

who is working at the public school or schools and who was

previously employed in the same school district that previously

operated that school shall continue to retain and accrue seniority

rights in that school district according to the collective

bargaining agreement that applies to employees of that school

district.

(12) If more than 9 public schools operated by a school

district are on the list under subsection (1), the transformation

model may not be implemented for more than 50% of those schools.

(13) If the state school reform/redesign officer determines

that a public school that is subject to the measures under

subsection (6) or (7) has made significant improvement in pupil

achievement and should be released from the measures that have been

imposed under subsection (6) or (7), the state school

reform/redesign officer may recommend this to the superintendent of

public instruction. If the superintendent of public instruction

agrees with the determination and recommendation, the

superintendent of public instruction may release the public school

from the measures that have been imposed under subsection (6) or

(7).

(14) At least annually, the state school reform/redesign

officer shall submit a report to the standing committees of the

senate and house of representatives having jurisdiction over

education legislation on the progress being made in improving pupil

proficiency due to the measures under this section.

(15) As soon as practicable after the federal department of

education has adopted the final work rules and formula for

identifying the lowest achieving 5% of all public schools in this

state for the purposes of the federal incentive grant program

created under sections 14005 and 14006 of title XIV of the American

recovery and reinvestment act of 2009, Public Law 111-5, known as

the "race to the top" grant program, the department shall post all

of the following on its website:

(a) The federal work rules and formula.

(b) A list of the public schools in this state that have been

identified for these purposes as being among the lowest achieving

5% of all public schools in this state. The department shall update

this list as it considers appropriate.

(16) If a school that is included on the list under subsection

(1) is operated by a school district in which an emergency manager

is in place under the local government and school district fiscal

accountability act, then the superintendent of public instruction

shall not issue an order placing the school under the supervision

of the state school reform/redesign officer.

Sec. 1280g. (1) Not later than September 1, 2018, the

education accountability policy commission created under section

1280h shall develop a statewide system of accountability

measurements to improve the national educational ranking of this

state. All of the following apply to the statewide system of

accountability measurements:

(a) Not later than September 1, 2019, and not later than

September 1 of each subsequent year, the department shall assign a

letter grade of A, B, C, D, or F for each of the following

indicators for each public school:

(i) Pupil proficiency in mathematics and English language

arts, as measured by the percentage of all pupils who achieve

proficiency on the applicable state assessment, as determined by

the commission.

(ii) The percentage of all pupils who achieve adequate growth

in mathematics and English language arts on the applicable state

assessment. Adequate growth under this subdivision shall be based

on at least all of the following, as determined by the commission:

(A) Pupil growth measured from fall to spring of the same

school year or from the spring of one school year to the spring of

the next school year, as appropriate based on the timing of

applicable state assessments.

(B) Pupils who scored proficient on the immediately preceding

applicable state assessment and who at least maintained a score of

proficient on the most recent applicable state assessment.

preceding applicable state assessment and who demonstrate growth

sufficient to reach proficiency in 3 school years.

(iii) The percentage of pupils who are English language

learners and who achieve adequate growth toward proficiency in the

English language, as determined by the commission and as required

under the every student succeeds act, Public Law 114-95.

(iv) The graduation rate of pupils enrolled in high school, as

applicable and as defined by and reported to CEPI.

(v) The rate of pupils who are chronically absent as defined

by and reported to CEPI.

(vi) The participation rate for each applicable state

assessment, based on pupils who are assigned to take each

applicable state assessment.

(b) Not later than September 1, 2019, and not later than

September 1 of each subsequent year, the department shall assign a

ranking of significantly above average, above average, average,

below average, or significantly below average to each public school

for each of the following indicators:

(i) The academic performance of the public school's pupils on

the applicable state assessment compared to pupil performance on

the applicable state assessment for all public schools serving a

similar pupil population. The department shall determine similar

pupil population using demographic factors that the commission

considers to have a strong correlation to academic achievement.

(ii) Pupil subgroup performance compared to pupils in the same

subgroup statewide, as required under the every student succeeds

act, Public Law 114-95.

under subdivisions (a) and (b) in a form and manner prescribed by

the commission.

(d) The commission shall develop standards for identifying

public schools as falling into categories of performance and

adequate achievement. The standards developed under this

subdivision must meet all of the following:

(i) The commission shall develop standards for identifying the

lowest achieving public schools as comprehensive support and

improvement schools, as required under the every student succeeds

act, Public Law 114-95. Subject to subdivision (ii), a public

school that meets any of the following shall be identified as a

comprehensive support and improvement school:

(A) Is a high school that graduates less than 2/3 of its

pupils.

(B) Receives the lowest grade or ranking on all of the

indicators under subdivisions (a)(i) and (ii) and (b)(i).

improvement school under the every student succeeds act, Public Law

114-95, as determined by the commission.

(ii) The number of public schools in this state identified as

comprehensive support and improvement schools shall not exceed a

number equal to 5% of all public schools in this state.

(iii) The commission shall develop standards for identifying

high achieving public schools as reward schools. A public school

that meets any of the following shall be identified as a reward

school:

(A) Is a high school that graduates at least 99% of its

pupils.

(B) Receives the highest grade or ranking on any of the

indicators under subdivisions (a)(i) or (ii) or (b)(i).

school, as determined by the commission.

(iv) The commission shall also develop standards for all of

the following:

(A) Identifying public schools in which 1 or more groups of

pupils are consistently underperforming as targeted support and

improvement schools, as described in the every student succeeds

act, Public Law 114-95.

(B) Identifying public schools in which the performance of 1

or more groups of pupils would place those pupils in the bottom 5%

of Title I schools, as described in the every student succeeds act,

Public Law 114-95.

required under the every student succeeds act, Public Law 114-95,

as determined by the commission.

(e) The commission shall monitor the effectiveness of the

statewide system of accountability measurements developed under

this subsection and shall make changes to the system as the

commission determines necessary to make the system more effective

and to ensure compliance with the requirements under this section.

As part of this monitoring process, the commission shall develop

and implement processes for receiving and considering input from

the public and the educational community.

(2) Beginning in the 2019-2020 school year, the department

shall implement and administer the statewide system of

accountability measurements developed by the education

accountability policy commission under subsection (1).

(3) Beginning in 2019, not later than September 1, and not

later than September 1 of every third year, the superintendent of

public instruction shall publish a list of the public schools in

this state that the department has identified as comprehensive

support and improvement schools under subsection (1)(d)(i), and a

list of the public schools that the department has identified as

reward schools under subsection (1)(d)(iii).

(4) The department shall designate a public school as an

alternative education campus and shall not assign grades or

rankings under subsection (1) for the public school if the public

school meets at least 1 of the following:

(a) Is a center program.

(b) Is a strict discipline academy established under sections

1311b to 1311m.

(d) Serves any other specialized pupil population with special

needs, as determined by the department.

(5) Beginning September 1, 2019, and not later than September

1 of each subsequent year, the department shall issue a summary

status for each public school designated as an alternative

education campus under subsection (4). The summary status shall

indicate whether the public school is in compliance with applicable

law and whether pupils enrolled in the public school are making

meaningful, measurable academic progress toward educational goals

established by the governing body of the public school and approved

by the superintendent of public instruction.

(6) As used in this section, "center program" means that term

as defined in section 6 of the state school aid act of 1979, MCL

388.1606.

Sec. 1280h. (1) The education accountability policy commission

is created in the department. The commission consists of the

following 13 members:

(a) Three members appointed by the governor who represent

business sectors that are important to this state's economy and

rely on a college- or career-ready workforce, nonprofit

organizations and associations that promote college and career

education, K-12 and postsecondary institutions involved in college

and career education, or other sectors as determined appropriate by

the governor.

(b) One member appointed by the senate majority leader, in

consultation with the chairperson of the senate standing committee

on education.

representatives, in consultation with the chairperson of the house

standing committee on education.

(d) The superintendent of public instruction, or his or her

designee.

(e) Two members appointed by the superintendent of public

instruction from among nominees submitted by statewide

organizations representing public school academies.

(f) Two members appointed by the superintendent of public

instruction from among nominees submitted by statewide

organizations representing school administrators working in school

districts.

(g) Two members appointed by the superintendent of public

instruction from among nominees submitted by statewide

organizations representing school administrators working in

intermediate school districts.

(h) One member appointed by the superintendent of public

instruction from among nominees submitted by statewide

organizations representing urban school districts.

(2) Initial education accountability policy commission members

must be appointed under subsection (1) not later than July 1, 2018.

(3) The members of the education accountability policy

commission shall elect a chairperson of the commission and other

officers the commission determines appropriate.

(4) Members of the education accountability policy commission

shall be appointed for 4-year terms except for members first

appointed under subsections (1)(e) to (g). One of the 2 members

appointed under each of subsections (1)(e) to (g) shall be

appointed for 2-year terms and 1 of the members appointed under

each of those subsections shall be appointed for 4-year terms.

(5) A vacancy on the education accountability policy

commission shall be filled in the same manner as the original

appointment. A member appointed to fill a vacancy caused by a

resignation or death shall be appointed for the balance of the

unexpired term.

(6) The governor may remove a member of the education

accountability policy commission for incompetence, dereliction of

duty, malfeasance, misfeasance, or nonfeasance in office, or any

other good cause.

(7) Members of the education accountability policy commission

shall serve without compensation. However, members of the

commission may be reimbursed for their actual and necessary

expenses incurred in the performance of their official duties as

members of the commission.

(8) The education accountability policy commission may

establish subcommittees that may consist of individuals who are not

members of the commission, including, but not limited to, experts

in matters of interest to the commission.

(9) A majority of the members of the education accountability

policy commission constitute a quorum for conducting business. A

vote of a majority of the members of the commission present and

serving is required for the official action of the commission.