Summary of Changes: Educator Evaluation Law

Educator Evaluation is now subject to collective bargaining at the local level including the selection of the evaluation tools and student growth and assessment measures.

Effectiveness Ratings Options have changed: 

• Through June 30, 2024 (4): Ineffective, Minimally Effective, Effective, Highly Effective
• Beginning July 1, 2024 (3): Needing support, Developing, Effective
• Ratings are no longer required for teaching certificate progression

• Teachers were required to be evaluated annually; now teachers may be evaluated up to every 3 years after 3 consecutive years of effective ratings (effective or highly effective ratings from prior to July 1, 2024, qualify for this exemption).
• The law sets a minimum of 15 minutes for classroom observations, with at least two observations in the year of evaluation. Feedback from observations be provided within 30 days, and in writing.
• A teacher may be exempt from evaluation if the teacher is employed less than 60 days, if evaluation results were vacated through grievance, or if extenuating circumstances apply. Teacher would be required to return to annual evaluations with a Needing Support or Developing rating.

• Administrators may be evaluated up to every 2 years after 3 consecutive years of effective ratings (effective or highly effective ratings from prior to July 1, 2024, qualify toward this exemption). Administrator would be required to return to annual evaluations with a change in evaluator or Needing Support or Developing rating.
• An administrator may be exempt from evaluation if the administrator is employed less than 60 days, if evaluation results were vacated through grievance, or extenuating circumstances apply.
• A midyear progress report must be done each year that the school administrator is evaluated; including a written improvement plan that includes goals and training and is designed to assist the school administrator to improve the school administrator’s rating.
• Building Observations are required for administrator evaluation. The individual conducting the evaluation would be required to visit the school building where that administrator works, review the administrator’s school improvement plan, and observe classrooms with the building-level school administrator to collect evidence of the school improvement plan strategies being implemented and the impact the school improvement plan has on learning.

• 20% of overall evaluation must be based on student growth data, this requirement was previously 40%.
• Student Growth Data: State assessment data no longer required to included. The assessments used for evaluation must be selected through collective bargaining. 
• Student Growth Data: The requirement to include 3 years of data was removed; allowing for local decisions to be made about the number of years of data to include for evaluation purposes.

• Assignment of a mentor is required for teachers that receive a “needing support” rating; previously, assignment the of a mentor was recommended.
• A mentor must be assigned to each school administrator, not including a superintendent or a chief administrator, for the first three years in which the school administrator is in a new administrative position.

Not later than September 1, 2024, and then every three years after, each person who conducts an evaluation of teachers and/or school administrators must conduct a rater reliability training provided by the school district, ISD, PSA, or other entity that employs that rater.

The law has changed for the probationary period for a teacher from five to four school years, when rated as effective on 3 consecutive year-end performance evaluations.

• The updated law provides a mechanism for teachers or school administrators to review evaluation results, including being able to demand to use the grievance procedure after two consecutive needs support ratings.
• A teacher or school administrator may request a review of their respective evaluation and a written response must be provided by the school no later than 30 calendar days after receipt of the request for a review. If the written response from the school does not resolve the disagreement, the teacher may request mediation with the Michigan Employment Relations Commission (“MERC”), as specified under the Public Employment Relations Act, Michigan’s public labor law statute.