May 14, 2015, Introduced by Rep. Pagel and referred to the Committee on Education.
A bill 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 1 of article I, sections 1 and 3b of article
II, and section 1 of article III (MCL 38.71, 38.81, 38.83b, and
38.91), section 1 of article I as amended by 1996 PA 282 and
section 1 of article II and section 1 of article III as amended and
section 3b of article II as added by 2011 PA 101.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
ARTICLE I
Sec.
1. (1) The Subject to
subsections (2) and (3), the term
"teacher" as used in this act means a certificated individual
employed for a full school year by any board of education or
controlling board in a position requiring a valid teaching
certificate.
(2) An individual who is not certificated but is employed for
a full school year pursuant to section 1233b of the revised school
code,
Act No. 451 of the Public Acts of 1976, being section
380.1233b
of the Michigan Compiled Laws, 1976
PA 451, MCL
380.1233b, or is employed pursuant to an annual vocational
authorization or a temporary approval, as defined in state board
rule, is considered to be a teacher for the purpose of serving the
probationary period under article II, but such an individual is not
considered a teacher for the purpose of continuing tenure under
article III until he or she becomes certificated.
(3) An individual employed as a teacher in a public school
academy
established under Act No. 451 of the Public Acts of 1976,
being
sections 380.1 to 380.1852 of the Michigan Compiled Laws, the
revised school code, 1976 PA 451, MCL 380.1 to 380.1852, is not
considered a teacher during that employment for the purpose of
continuing tenure under article III. However, an individual
described in section 1(4) of article III is a teacher for the
purpose of retaining continuing tenure as described in that
section.
(4) Teacher does not include an individual whose teaching
certificate has expired or has been suspended or revoked.
ARTICLE II
Sec. 1. (1) Subject to subsections (2) and (3) and section 3b
of this article, a teacher is in a probationary period during his
or her first 5 full school years of employment in a position
requiring a valid teaching certificate.
(2) Subject to section 3b of this article, a teacher under
contract
but not on continuing tenure as of the effective date of
the
2011 amendatory act that amended this subsection July 19, 2011
is in a probationary period during his or her first 4 full school
years of employment in a position requiring a valid teaching
certificate.
(3)
A teacher on continuing tenure as of the effective date of
the
2011 amendatory act that amended this subsection July 19, 2011
continues to be on continuing tenure even if the teacher has not
served for at least 5 full school years of employment in a position
requiring a valid teaching certificate.
Sec. 3b. (1) Except as otherwise provided in subsection (2), a
teacher shall not be considered to have successfully completed the
probationary period unless the teacher has been rated as effective
or highly effective on his or her 3 most recent annual year-end
performance evaluations under section 1249 of the revised school
code, 1976 PA 451, MCL 380.1249, and has completed at least 5 full
school years of employment in a probationary period in a position
requiring a valid teaching certificate.
(2) If a teacher has been rated as highly effective on 3
consecutive annual year-end performance evaluations under section
1249 of the revised school code, 1976 PA 451, MCL 380.1249, and has
completed at least 4 full school years of employment in a
probationary period in a position requiring a valid teaching
certificate, the teacher shall be considered to have successfully
completed the probationary period.
ARTICLE III
Sec. 1. (1) After the satisfactory completion of the
probationary period in a position requiring a valid teaching
certificate, a teacher is considered to be on continuing tenure
under this act. A teacher on continuing tenure shall be employed
continuously by the controlling board under which the probationary
period has been completed and shall not be dismissed or demoted
except as specified in this act. Continuing tenure is held only in
accordance with this act.
(2) If a teacher employed in a program operated by a
consortium of school districts was previously on continuing tenure
in a school district that participates in the consortium, the
teacher shall be considered to be on continuing tenure only in that
school district.
(3) If a teacher employed in a program operated by a
consortium of school districts was not previously on continuing
tenure in a school district that participates in the consortium and
satisfactorily completes the probationary period, the teacher shall
be considered to be on continuing tenure only in the school
district that is the fiscal agent for the consortium. However, if
there is a written agreement between the teacher and another
participating school district that provides that the teacher will
have continuing tenure in that school district, the teacher shall
be considered to be on continuing tenure only in that school
district and shall not be considered to be on continuing tenure in
the school district that is the fiscal agent for the consortium.
(4) If a teacher employed in a public school academy
established under the revised school code, 1976 PA 451, MCL 380.1
to 380.1852, is on leave of absence from a school district and was
on continuing tenure in the school district at the time he or she
began the leave of absence, the teacher retains continuing tenure
in that school district during the period he or she is employed in
the public school academy.
(5) If a teacher satisfactorily completes the probationary
period as an adult education teacher, the teacher shall be
considered to be on continuing tenure in the school district only
for adult education and shall not by virtue of completing the
probationary period as an adult education teacher be considered to
be on continuing tenure in the school district for elementary and
secondary education.
(6) If a teacher satisfactorily completes the probationary
period as an elementary or secondary education teacher, the teacher
shall be considered to be on continuing tenure in the school
district only for elementary and secondary education and shall not
by virtue of completing the probationary period as an elementary or
secondary education teacher be considered to be on continuing
tenure in the school district for adult education.
(7) For a teacher employed in a capacity other than as a
classroom teacher, including but not limited to, a superintendent,
assistant superintendent, principal, department head or director of
curriculum, under a contract of employment made with the teacher
after the completion of the probationary period, a controlling
board shall not provide in the contract of employment that the
teacher will be considered to be granted continuing tenure in that
other capacity by virtue of the contract of employment. Such a
teacher shall be considered to have been granted continuing tenure
only as an active classroom teacher in the school district. Upon
the termination of such a contract of employment, if the
controlling board does not reemploy the teacher under contract in
the capacity covered by the contract, the teacher shall be
continuously employed by the controlling board as an active
classroom teacher. Failure of a controlling board to reemploy a
teacher in any such capacity upon the termination of any such
contract of employment described in this subsection shall not be
considered to be a demotion under this act. The salary in the
position to which the teacher is assigned shall be the same as if
the teacher had been continuously employed as an active classroom
teacher.
(8) Continuing tenure does not apply to an annual assignment
of extra duty for extra pay.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.