Sec. 1248.
(1) For teachers, as defined in section 1 of article I of 1937 (Ex Sess) PA 4, MCL 38.71, all of the following apply to policies regarding personnel decisions when conducting a staffing or program reduction or any other personnel determination resulting in the elimination of a position, when conducting a recall from a staffing or program reduction or any other personnel determination resulting in the elimination of a position, or in hiring after a staffing or program reduction or any other personnel determination resulting in the elimination of a position by a school district or intermediate school district:
(a) Subject to subdivision (c), the board of a school district or intermediate school district shall not adopt, implement, maintain, or comply with a policy that provides that length of service or tenure status is the primary or determining factor in personnel decisions when conducting a staffing or program reduction or any other personnel determination resulting in the elimination of a position, when conducting a recall from a staffing or program reduction or any other personnel determination resulting in the elimination of a position, or in hiring after a staffing or program reduction or any other personnel determination resulting in the elimination of a position.
(b) Subject to subdivision (c), the board of a school district or intermediate school district shall ensure that the school district or intermediate school district adopts, implements, maintains, and complies with a policy that provides that all personnel decisions when conducting a staffing or program reduction or any other personnel determination resulting in the elimination of a position, when conducting a recall from a staffing or program reduction or any other personnel determination resulting in the elimination of a position, or in hiring after a staffing or program reduction or any other personnel determination resulting in the elimination of a position, are based on retaining effective teachers. The policy shall ensure that a teacher who has been rated as ineffective under the performance evaluation system under section 1249 is not given any preference that would result in that teacher being retained over a teacher who is evaluated as minimally effective, effective, or highly effective under the performance evaluation system under section 1249. Effectiveness shall be measured by the performance evaluation system under section 1249, and the personnel decisions shall be made based on the following factors:
(i) Individual performance shall be the majority factor in making the decision, and shall consist of but is not limited to all of the following:
(A) Evidence of student growth, which shall be the predominant factor in assessing an employee's individual performance.
(B) The teacher's demonstrated pedagogical skills, including at least a special determination concerning the teacher's knowledge of his or her subject area and the ability to impart that knowledge through planning, delivering rigorous content, checking for and building higher-level understanding, differentiating, and managing a classroom; and consistent preparation to maximize instructional time.
(C) The teacher's management of the classroom, manner and efficacy of disciplining pupils, rapport with parents and other teachers, and ability to withstand the strain of teaching.
(D) The teacher's attendance and disciplinary record, if any.
(ii) Significant, relevant accomplishments and contributions. This factor shall be based on whether the individual contributes to the overall performance of the school by making clear, significant, relevant contributions above the normal expectations for an individual in his or her peer group and having demonstrated a record of exceptional performance.
(iii) Relevant special training. This factor shall be based on completion of relevant training other than the professional development or continuing education that is required by the employer or by state law, and integration of that training into instruction in a meaningful way.
(c) Except as otherwise provided in this subdivision, length of service or tenure status shall not be a factor in a personnel decision described in subdivision (a) or (b). However, if that personnel decision involves 2 or more employees and all other factors distinguishing those employees from each other are equal, then length of service or tenure status may be considered as a tiebreaker.
(2) If a collective bargaining agreement is in effect for employees of a school district or intermediate school district as of the effective date of this section and if that collective bargaining agreement prevents compliance with subsection (1), then subsection (1) does not apply to that school district or intermediate school district until after the expiration of that collective bargaining agreement.
(3) If a teacher brings an action against a school district or intermediate school district based on this section, the teacher's sole and exclusive remedy shall be an order of reinstatement commencing 30 days after a decision by a court of competent jurisdiction. The remedy in an action brought by a teacher based on this section shall not include lost wages, lost benefits, or any other economic damages.
History: Add. 2011, Act 102, Imd. Eff. July 19, 2011 Compiler's Notes: For transfer of powers and duties of governor's council on educator effectiveness to department of technology, management and budget, and renaming to Michigan council for educator effectiveness, see E.R.O. No. 2012-2, compiled at MCL 18.444.Popular Name: Act 451
Structure Michigan Compiled Laws
Chapter 380 - The Revised School Code
Act 451 of 1976 - The Revised School Code (380.1 - 380.1853)
Article 2 - (380.805...380.1644)
451-1976-2-16 - Part 16 Boards of Education; Powers and Duties Generally (380.1201... 380.1349)
Section 380.1202 - Record of Proceedings, Accounts, and Business; Public Records; Inspection.
Section 380.1202a-380.1204 - Repealed. 1995, Act 289, Eff. July 1, 1996.
Section 380.1203 - Conflict of Interest.
Section 380.1204a - Annual Educational Report.
Section 380.1204b - Repealed. 1990, Act 25, Eff. Apr. 13, 1990.
Section 380.1205 - Repealed. 1995, Act 289, Eff. July 1, 1996.
Section 380.1206 - Conduct of Elections Under MCL 168.301 to 168.315.
Section 380.1210 - Repealed. 1995, Act 289, Eff. July 1, 1996.
Section 380.1211b - Repealed. 1994, Act 258, Imd. Eff. July 5, 1994.
Section 380.1211d - Repealed. 2003, Act 126, Eff. Jan. 1, 2004.
Section 380.1211e - Affidavit Claiming Exemption on Qualified Agricultural Property; Filing.
Section 380.1213 - Filing Certified Copy of Resolution Certifying Taxes to Be Levied; Time.
Section 380.1215 - Accounting for Moneys; Fund Designations.
Section 380.1216 - Use of Money Raised by Tax.
Section 380.1222 - Deposit of District Funds; Limitation.
Section 380.1226 - Statement of Assessed Valuation of School District.
Section 380.1230e - List of Registered Educational Personnel; Definitions.
Section 380.1230h - Disclosure.
Section 380.1230i - Dropout Recovery Program.
Section 380.1232 - Repealed. 1995, Act 289, Eff. July 1, 1996.
Section 380.1234 - Exchange Teachers; Compensation, Rights, and Privileges.
Section 380.1235 - Sabbatical Leave.
Section 380.1236a - Person or Entity Furnishing Substitute Teachers; Contract; “Entity” Defined.
Section 380.1240 - Law Enforcement Agency; Creation.
Section 380.1241 - Liaison for School Safety Commission; Requirements; Duties.
Section 380.1247, 380.1248 - Repealed. 1995, Act 289, Eff. July 1, 1996.
Section 380.1249a - Assignment of Pupil to Teacher Rated as Ineffective; Notification.
Section 380.1251 - School Psychological Service; Rules; Reports and Information.
Section 380.1253 - Repealed. 1995, Act 289, Eff. July 1, 1996.
Section 380.1255 - School District; Compliance With Public Employees Health Benefit Act.
Section 380.1260 - Repealed. 2018, Act 7, Imd. Eff. Jan. 26, 2018.
Section 380.1261-380.1262a - Repealed. 1995, Act 289, Eff. July 1, 1996.
Section 380.1263a - Repealed. 1995, Act 289, Eff. July 1, 1996.
Section 380.1264a - Repealed. 1995, Act 289, Eff. July 1, 1996.
Section 380.1265, 380.1266 - Repealed. 1995, Act 289, Eff. July 1, 1996.
Section 380.1268 - Repealed. 1995, Act 289, Eff. July 1, 1996.
Section 380.1269 - Insuring School District or Public School Academy Property.
Section 380.1270 - Repealed. 1995, Act 289, Eff. July 1, 1996.
Section 380.1272 - Meal Program for Pupils.
Section 380.1272a - Lunch Program; Breakfast Program.
Section 380.1272c - Applicability of MCL 380.1272a.
Section 380.1272d - Duties of Department of Education.
Section 380.1273 - Meal Program.
Section 380.1275 - Repealed. 1995, Act 289, Eff. July 1, 1996.
Section 380.1277 - School Improvement Plan.
Section 380.1277a - Accreditation of Schools in School District; Requirements.
Section 380.1277b - Workgroup.
Section 380.1278 - Core Academic Curriculum.
Section 380.1278a - Requirements for High School Diploma.
Section 380.1278a.amended - Requirements for High School Diploma.
Section 380.1278d - Stem Endorsement; Requirements.
Section 380.1279 - Repealed. 2016, Act 532, Eff. Apr. 9, 2017.
Section 380.1279a - Report of Irregularities; Notice to School District or Public School Academy.
Section 380.1279b - Credit Awarded to Pupil Not Enrolled in Course.
Section 380.1279c - Use of Tests to Measure Pupils' Values or Attitudes Prohibited.
Section 380.1279e - High School Credit in Foreign Language.
Section 380.1279f - Repealed. 1997, Act 177, Eff. June 30, 2001.
Section 380.1279g - Michigan Merit Examination; Definitions.
Section 380.1279h - Academic Credit for Internship; Requirements; Reflection Project; Appeal.
Section 380.1280 - Accreditation.
Section 380.1280a - Specialized or Alternative School or Program.
Section 380.1280b - Grades 1 to 5; Yearly Test or Assessment.
Section 380.1280c - Repealed. 2018, Act 601, Eff. June 30, 2019.
Section 380.1280e - Notice of Adequate Yearly Status; Notice of Accreditation Status.
Section 380.1281b - Reports Required to Be Submitted Under Act.
Section 380.1282a - Repealed. 2001, Act 121, Imd. Eff. Sept. 28, 2001.
Section 380.1283 - Repealed. 1995, Act 289, Eff. July 1, 1996.
Section 380.1284 - Length of School Year; Certification; Strikes or Teachers' Conferences; Rules.
Section 380.1284a - Common School Calendar; Exceptions; Definitions.
Section 380.1285 - Repealed. 1995, Act 289, Eff. July 1, 1996.
Section 380.1286, 380.1287 - Repealed. 1995, Act 289, Eff. July 1, 1996.
Section 380.1288 - Course Requiring Wearing of Industrial Quality Personal Protective Devices.
Section 380.1289 - Participation of Female Pupils in Interscholastic Athletic Activities.
Section 380.1291 - Local School Security Task Force.
Section 380.1291[1] - Michigan Information Network.
Section 380.1294 - Parent Involvement Plan; Adoption; Distribution; Review.
Section 380.1295 - Parental Involvement Contracts.
Section 380.1299 - Limited Open Forum; Equal Access and Opportunity; Definitions.
Section 380.1300 - Repealed. 1995, Act 289, Eff. July 1, 1996.
Section 380.1300a - Sexual Harassment Policy.
Section 380.1302 - Repealed. 1995, Act 289, Eff. July 1, 1996.
Section 380.1305 - Bomb Threat; Search by School Employee.
Section 380.1307b - Statement of Prohibited Practices.
Section 380.1307c - Emergency Seclusion and Emergency Physical Restraint; State Policy; Provisions.
Section 380.1307f - Data Collection; State Policy; Provisions.
Section 380.1307g - Training; State Policy; Provisions.
Section 380.1307h - Definitions.
Section 380.1308 - Statewide School Safety Information Policy.
Section 380.1311 - Suspension or Expulsion of Pupil.
Section 380.1311b - Strict Discipline Academy; Powers; Definitions.
Section 380.1311c - Repealed. 2014, Act 256, Imd. Eff. June 30, 2014.
Section 380.1311f - Levy of Taxes or Issuance of Bonds by School District.
Section 380.1311h - Strict Discipline Academy; Additional Powers.
Section 380.1311i - School District Subject to Court Desegregation Order.
Section 380.1311k - Personnel.
Section 380.1311l - Authorizing Body as Fiscal Agent; Revocation of Contract.
Section 380.1311m - Strict Discipline Academy; Compliance With Public Employees Health Benefit Act.
Section 380.1316 - Public School Fraternity, Sorority, or Secret Society Prohibited; Definition.
Section 380.1321 - Transportation for Pupils; Requirements; Payment.
Section 380.1322 - Transportation for Pupils; Routes; Rules; Construction of Section; Vehicles.
Section 380.1324 - Transportation for Pupils; Contracts; Price.
Section 380.1331 - Repealed. 1990, Act 189, Eff. Aug. 15, 1990.
Section 380.1333 - Repealed. 2016, Act 532, Eff. Apr. 9, 2017.
Section 380.1334 - Repealed. 1995, Act 289, Eff. July 1, 1996.
Section 380.1335 - Boarding Schools; Licensing and Regulation.
Section 380.1336 - Repealed. 1990, Act 189, Eff. Aug. 15, 1990.
Section 380.1341 - Repealed. 1995, Act 289, Eff. July 1, 1996.
Section 380.1341a, 380.1341b - Repealed. 1995, Act 289, Eff. July 1, 1996.
Section 380.1342 - Repealed. 1995, Act 289, Eff. July 1, 1996.
Section 380.1343, 380.1344 - Repealed. 1990, Act 189, Eff. Aug. 15, 1990.
Section 380.1346 - Repealed. 1995, Act 289, Eff. July 1, 1996.
Section 380.1347 - United States Flag; Purchase or Possession; Size; Appliances; Display.
Section 380.1347a - Pledge of Allegiance; Recitation; Definition.
Section 380.1348, 380.1349 - Repealed. 1995, Act 289, Eff. July 1, 1996.