Gary J Collins Esq William J Blaha Esq COLLINS amp BLAHA PC 31440 Northwestern Highway Suite 170 Farmington Hills Michigan 48334 David A Comsa JD Deputy Superintendent HR and Legal ServicesGeneral Counsel ID: 530203
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The Latest updates on administrator evaluations
Gary J. Collins, Esq.William J. Blaha, Esq.COLLINS & BLAHA, P.C.31440 Northwestern Highway, Suite 170Farmington Hills, Michigan 48334David A. Comsa, J.D.Deputy Superintendent, HR and Legal Services/General CounselANN ARBOR PUBLIC SCHOOLS2555 South State StreetAnn Arbor, Michigan 48104
December 2, 2016Slide2
NOTICE
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Introduction
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Administrator Effectiveness
Effective school administrators are an important component in developing and retaining effective teachers, student learning and achievement, and community support. Students learn when educational leaders foster safe, caring and supportive school learning communities and promote rigorous curricula, instructional and assessment systems. 12/02/2016© 2016 Collins & Blaha, P.C.4Slide5
Education Reforms
In 2011 and 2015, the Michigan Legislature enacted education reforms that require school districts to ensure that a performance evaluation system for building-level administrators and central-office-level school administrators who are regularly involved in instructional matters is implemented.12/02/2016© 2016 Collins & Blaha, P.C.5Slide6
Education Reforms (cont’d)
The education reforms were intended to improve teaching and learning – and create a system to retain and reward good teachers and administrators. Prior to 2011, evaluations were subject to negotiated contracts.Now, the performance evaluation system is a prohibited subject and board policies are developed to formulate a meaningful evaluation tool. MCL 423.215(3)(l).12/02/2016© 2016 Collins & Blaha, P.C.6Slide7
School Administrators
School leaders are integral in evaluating teachers and ensuring that effective teachers are in the classroom. School leaders are also an integral part of implementing the steps to reverse the “Widget Effect” and ensure that effective teachers are in the classroom. The Widget Effect report asked why teachers are “treated like widgets,” and acknowledged that school districts tend to assume classroom effectiveness is the same from teacher to teacher and that teachers are interchangeable parts. 12/02/2016© 2016 Collins & Blaha, P.C.7Slide8
The Widget Effect Findings
The Widget Effect report found:All teachers are rated good or great. Professional development is inadequate.Novice teachers are neglected. Poor performance goes unaddressed. [See The Widget Effect: Our National Failure to Acknowledge and Act Upon Teacher Effectiveness.]12/02/2016© 2016 Collins & Blaha, P.C.8Slide9
Recommendations for Reversing the Widget Effect
Recommendations to reverse the widget effect:Adopt a performance evaluation system that differentiates teachers based on their effectiveness in promoting student achievement.Train administrators and evaluators in the performance evaluation system and hold them accountable for using it effectively.Integrate the performance evaluation system with functions such as teacher assignment, professional development, compensation, retention and dismissal.Adopt dismissal policies for ineffective teachers to exit the district and a system of due process that is fair but efficient.[See The Widget Effect: Our National Failure to Acknowledge and Act Upon Teacher Effectiveness.]12/02/2016© 2016 Collins & Blaha, P.C.9Slide10
Education Reforms (cont’d)
The 2011 and 2015 education reforms address the recommendations from the Widget Effect report in part by implementing a new teacher evaluation system, requiring that administrators be trained to use the evaluation tool, and by evaluating administrators on their proficiency in using the evaluation tool. 12/02/2016© 2016 Collins & Blaha, P.C.10Slide11
Effective Administrators
Educational leaders impact teaching and learning through their influence on staff motivation, commitment, and working conditions.Educational leadership is correlated with student achievement and student learning. Administrator evaluations identify actions and behaviors that are associated with student achievement.12/02/2016© 2016 Collins & Blaha, P.C.11Slide12
Educational Leadership
The National Policy Board for Education Administration identified ten standards for educational leaders. Effective educational leaders develop, advocate, and enact a shared mission, vision, and core values of high quality education and academic success and well-being of each student.Effective educational leaders act ethically and according to professional norms to promote each student’s academic success and well-being.12/02/2016© 2016 Collins & Blaha, P.C.12Slide13
Educational Leadership (cont’d)
Effective educational leaders strive for equity of educational opportunity and culturally responsive practices to promote each student’s academic success and well-being.Effective educational leaders develop, advocate, and enact a shared mission, vision, and core values of high quality education and academic success and well-being of each student.Effective educational leaders act ethically and according to professional norms to promote each student’s academic success and well-being.12/02/2016© 2016 Collins & Blaha, P.C.13Slide14
Educational Leadership (cont’d)
Effective educational leaders strive for equity of educational opportunity and culturally responsive practices to promote each student’s academic success and well-being.Effective educational leaders foster a professional community of teachers and other professional staff to promote each student’s academic success and well-being.Effective educational leaders engage families and the community in meaningful, reciprocal, and mutually beneficial ways to promote each student’s academic success and well-being.12/02/2016© 2016 Collins & Blaha, P.C.14Slide15
Educational Leadership (cont’d)
Effective educational leaders manage school operations and resources to promote each student’s academic success and well-being.Effective educational leaders act as agents of continuous improvement to promote each student’s academic success and well-being.12/02/2016© 2016 Collins & Blaha, P.C.15Slide16
Administrator Evaluations
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Employment of Administrators
School districts hire administrators such as superintendents, principals, assistant principals, guidance directors, and chief business officials.12/02/2016© 2016 Collins & Blaha, P.C.17Slide18
Annual Evaluations for Administrators
Like teachers, all administrators must receive an annual evaluation. MCL 380.1249b.Administrator evaluations are now referred to as “annual evaluations” rather than “annual year-end evaluations” as they are for teachers.12/02/2016© 2016 Collins & Blaha, P.C.18Slide19
Annual Evaluations for Administrators (cont’d)
These administrators must be evaluated by the district or ISD superintendent, or his or her designee, or the chief administrator of the public school academy, as applicable. MCL 380.1249b(1)(a).The superintendent or chief administrator must be evaluated by the school board or board of directors. MCL 380.1249b(1)(a).12/02/2016© 2016 Collins & Blaha, P.C.19Slide20
Annual Evaluations for Administrators (cont’d)
With a few exceptions, all administrator evaluation ratings must be reported to the state at the end of the year. MCL 388.1619.Effectiveness labels should be reported based on the administrator’s most recent evaluation. 12/02/2016© 2016 Collins & Blaha, P.C.20Slide21
Effectiveness Ratings
Administrators must be assigned an effectiveness rating of:Highly effective;Effective;Minimally effective; orIneffective.MCL 380.1249b(1).12/02/2016© 2016 Collins & Blaha, P.C.21Slide22
Annual Evaluations for Administrators (cont’d)
Administrator evaluations must be made up of three components:Student growth and assessment data. MCL 380.1249(1)(b).Administrator performance as measured by the evaluation tool(s). MCL 380.1249b(1)(c).Other specified criteria. MCL 380.1249(b)(1)(d).12/02/2016© 2016 Collins & Blaha, P.C.22Slide23
Student Growth for Administrators
Through 2017-2018:25% of annual year-end evaluations must be based on student growth and assessment data.Student growth and assessment data must be measured using the aggregate student growth and assessment data used in teachers’ annual year-end evaluations for each school in which the administrator works or, for central office administrators, for the entire school district.MCL 380.1249b(1)(b).12/02/2016© 2016 Collins & Blaha, P.C.23Slide24
Student Growth for Administrators (cont’d)
Beginning in 2018-2019:40% of annual year-end evaluations must be based on student growth and assessment data.Student growth and assessment data must be measured using the aggregate student growth and assessment data used in teachers’ annual year-end evaluations for each school in which the administrator works or, for central office administrators, for the entire school district.MCL 380.1249b(1)(b).12/02/2016© 2016 Collins & Blaha, P.C.24Slide25
Student Growth for Administrators (cont’d)
For an administrator who works in one or more schools, the student growth and assessment data for each of those schools must be aggregated to determine the data to be used for the particular administrator. In the case of a central-office-level school administrator, the data for the entire school district, ISD, or public school academy must be aggregated. MCL 380.1249b(1)(b).12/02/2016© 2016 Collins & Blaha, P.C.25Slide26
Administrator Performance
The portion of annual evaluations not based on student growth and assessment data must be based “primarily” on performance as measured by the evaluation tool(s). MCL 380.1249b(1)(c).12/02/2016© 2016 Collins & Blaha, P.C.26Slide27
Other Criteria for Evaluating Administrators
The portion of annual evaluations not based on student growth and assessment data or performance as measured by the evaluation tool(s) must incorporate other criteria enumerated in the statute.These other criteria are:Proficiency in conducting teacher evaluations.Progress made by the school or school district in meeting the goals set forth in school improvement plans.Student attendance in the school or school district.Student, parent, and teacher feedback, and other information considered pertinent by the evaluator. MCL 380.1249b(1)(d). 12/02/2016© 2016 Collins & Blaha, P.C.27Slide28
Performance Evaluation Tools
By the beginning of the 2016-2017 school year, school districts are required to adopt and implement, for teachers and administrators, 1 or more:State-approved evaluation tools.Local evaluation tools.Modifications to state-approved evaluation tools.MCL 380.1249b(1)(e).12/02/2016© 2016 Collins & Blaha, P.C.28Slide29
Annual Evaluations for Administrators
The evaluation tool and other measures chosen by a district, ISD, or public school academy must be used consistently among the administrators in the district, ISD, or academy so that all similarly situated administrators are evaluated using the same performance evaluation system. MCL 380.1249b(1)(f).12/02/2016© 2016 Collins & Blaha, P.C.29Slide30
Web Posting Requirements
Beginning with the 2016-2017 school year, school districts are required to post the following information on their websites regarding their evaluation tool(s):Research base for the evaluation framework, instrument, and process.For a modified tool, the research base for the listed tool and an assurance that the modifications do not compromise the validity of the research base.MCL 380.1249b(2).12/02/2016© 2016 Collins & Blaha, P.C.30Slide31
Web Posting Requirements (cont’d)
Identity and qualifications of the author(s).For a modified tool, the identity and qualifications of a person with expertise in teacher evaluations who has reviewed the modified tool.Evidence of reliability, validity, and efficacy or a plan for developing such evidence.For a modified tool, an assurance that the modifications do not compromise the reliability, validity, or efficacy of the listed tool.MCL 380.1249b(2).12/02/2016© 2016 Collins & Blaha, P.C.31Slide32
Web Posting Requirements (cont’d)
Evaluation frameworks and rubrics.Description of the processes for conducting evaluations.Description of the plan for training evaluators and observers.MCL 380.1249b(2).12/02/2016© 2016 Collins & Blaha, P.C.32Slide33
List of State-Approved Evaluation Tools
Michigan Department of Education (“MDE”) must maintain a list of evaluation tools that have demonstrated evidence of efficacy. MCL 380.1249b(3).For administrators, the initial list must include:MASA School ADvance Administrator Evaluation Instrument.Reeves Leadership Performance Rubric.MDE must develop standards and procedures for evaluation tools to be added or removed from the list.12/02/2016© 2016 Collins & Blaha, P.C.33Slide34
Training on Evaluation Tools
Training for Teachers and Administrators – Beginning with the 2016-2017 school year:Required to provide training to teachers and administrators on the evaluation tools and how they are used in the evaluation system.Training may be provided by a school district, ISD, or consortium of these.MCL 380.1249b(1)(l).12/02/2016© 2016 Collins & Blaha, P.C.34Slide35
Training on Evaluation Tools (cont’d)
Training for Evaluators and Observers – Beginning with the 2016-2017 school year:Required to provide training to evaluators and observers.Training must be provided by an individual who has “expertise in the evaluation tool or tools,” which may include a consultant on that tool or an individual who has been trained to train others.Training may be provided by a school district, ISD, or consortium, if the trainer has “expertise in the evaluation tool or tools.”MCL 380.1249b(1)(l).12/02/2016© 2016 Collins & Blaha, P.C.35Slide36
Training on Evaluation Tools (cont’d)
Funds for Training:Training will be paid for from the Educator Evaluation Reserve Fund. MCL 380.1249(6).$14.8 million was allocated to this fund in 2014-2015.12/02/2016© 2016 Collins & Blaha, P.C.36Slide37
Efforts to Improve Effectiveness
Administrators rated minimally effective or ineffective must be provided with an improvement plan, with recommendations for professional development and other actions to improve their rating.Improvement plans should be developed by the person(s) who conducted the administrator’s evaluation.MCL 380.1249b(1)(i).12/02/2016© 2016 Collins & Blaha, P.C.37Slide38
Efforts to Improve Effectiveness (cont’d)
The improvement plan must recommend professional development opportunities and other actions designed to improve an administrator’s rating on his or her next annual evaluation.MCL 380.1249b(1)(i).12/02/2016© 2016 Collins & Blaha, P.C.38Slide39
Administrators Rated Ineffective
Administrators rated ineffective on three (3) consecutive annual evaluations must be dismissed from employment.MCL 380.1249b(1)(h).12/02/2016© 2016 Collins & Blaha, P.C.39Slide40
Administrators Rated Highly Effective
Administrators rated highly effective on three (3) consecutive annual evaluations may be evaluated every two (2) years, rather than every year.MCL 380.1249b(1)(h).12/02/2016© 2016 Collins & Blaha, P.C.40Slide41
Administrator Certification
Individuals employed as administrators on or before January 4, 2010 are not required to possess a valid Michigan school administrator’s certificate. However, these administrators must complete the following continuing education requirements every 5 (five) years:6 semester credit hours at any recognized university or college, or Michigan community college; or 18 state board-continuing education units; or Combination of both.12/02/2016© 2016 Collins & Blaha, P.C.41Slide42
Administrator Certification (cont’d)
An administrator who holds a valid Professional Education Certificate is considered to have completed the continuing education requirements listed above. However, an administrator who holds a permanent teaching certificate is not considered to have completed the continuing education requirements. 12/02/2016© 2016 Collins & Blaha, P.C.42Slide43
Administrator Certification (cont’d)
Individuals hired as administrators after January 4, 2010 are required to have a valid Michigan school administrator’s certificate. An administrator’s certificate is valid for five (5) years. 12/02/2016© 2016 Collins & Blaha, P.C.43Slide44
Administrator Certification (cont’d)
Elementary, secondary, or central office certificate basic endorsement designation may be issued to an applicant who presents evidence of satisfying both of the following requirements:Possession of a masters or higher degree; andCompletion of an approved program in school administration at least at the master's degree level is required for the elementary or secondary basic certificate endorsement designation. The program shall include, but is not limited to, a minimum of 18 semester hours of graduate credit in K-12 school administration.12/02/2016© 2016 Collins & Blaha, P.C.44Slide45
Administrator Certification (cont’d)
Central Office Certificate basic endorsement designation may only be issued to an applicant who presents evidence of satisfying both of the following requirements:Possession of a master’s or higher degree; andCompletion of at least 21 semester hours of credit at the post-master's degree level. The program shall include advanced studies in K-12 school administration.12/02/2016© 2016 Collins & Blaha, P.C.45Slide46
Administrator Certification (cont’d)
Renewal of Administrator Certificate requires completion of the following within the five (5) year period before applying for renewal:Six (6) semester hours of credit completed at any recognized university, college, or Michigan community college or the equivalent in approved state continuing education hours. Credit shall be towards an individual’s professional development as an administrator.12/02/2016© 2016 Collins & Blaha, P.C.46Slide47
Administrator Contracts
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Superintendent Contracts
Employment of administrators shall be by written contract.The Revised School Code (“RSC”) requires a controlling board to employ a superintendent by written contract. The term of a superintendent’s employment contract shall be fixed by the board, not to exceed 5 years. MCL 380.1229(1).12/02/2016© 2016 Collins & Blaha, P.C.48Slide49
Other Administrator Contracts
A controlling board may employ principals, assistant principals, guidance directors, and other administrators.The term of other administrators’ employment contracts shall be fixed by the board, not to exceed 3 years. MCL 380.1229(2).12/02/2016© 2016 Collins & Blaha, P.C.49Slide50
Rolling Contracts
Administrators may have rolling contracts. For example, an administrator may have a three year rolling contract.Depending on the contract terms, the rolling contract may extend by Board action or may automatically extend for three years unless action is taken to not extend.It would be prudent to ensure the contract standard for nonextension is “at the will of the board.”12/02/2016© 2016 Collins & Blaha, P.C.50Slide51
Nonextension of a Rolling Contract
If the Board takes action to not extend an administrator’s rolling contract, the Board should follow timelines and due process provisions provided in the contract and board policies.However, the RSC nonrenewal procedure applies at the end of the last year of the contract. Failure to adhere to the RSC nonrenewal procedure will result in the contract being renewed for an additional one year. 12/02/2016© 2016 Collins & Blaha, P.C.51Slide52
Nonrenewal of Administrator Contract
Nonrenewal of administrators other than superintendents must be for a reason that is not arbitrary or capricious. MCL 380.1229.Arbitrary means fixed or arrived at through an exercise of will or by caprice, without consideration or adjustment with reference to principles, circumstances, or significance, and capricious means apt to change suddenly, freakish or whimsical. Cona v Avondale Sch Dist, 303 Mich App 123 (2013).12/02/2016© 2016 Collins & Blaha, P.C.52Slide53
Nonrenewal of Administrator Contract (cont’d)
Administrators receive procedural protections granted by the RSC.12/02/2016© 2016 Collins & Blaha, P.C.53Slide54
Notice of Nonrenewal of Superintendent Contract
Written notice of nonrenewal of the contract of a superintendent must be given at least 90 days notice before the termination of the contract, or else the contract is automatically renewed for a 1-year period. MCL 380.1229(1).The RSC states that the two-step nonrenewal process and arbitrary or capricious standard for non-superintendent administrators does not apply to superintendents.12/02/2016© 2016 Collins & Blaha, P.C.54Slide55
Notice of Nonrenewal of Administrator Contracts
Written notice of nonrenewal of administrators must be given at least 60 days before termination of the contract, or else the contract is automatically renewed for an additional 1-year period. MCL 380.1229(2).Additionally, a controlling board cannot issue a non-superintendent school administrator a notice of nonrenewal unless the affected individual has been provided with at least 30 days advance notice that the board is considering issuing the non-renewal and a “written statement of the reasons the board is considering the nonrenewal.” MCL 380.1229(3).12/02/2016© 2016 Collins & Blaha, P.C.55Slide56
Notice of Nonrenewal of Administrator Contracts (cont’d)
After issuance of the written statement, but before the nonrenewal statement is issued, the administrator shall be given the opportunity to meet with not less than a majority of the board to discuss the reasons stated in the written statement. The meeting shall be open to the public or a closed session, as the affected individual elects. MCL 380.1229(3).If the board fails to provide for a meeting with the board, or if a court finds that the reason for nonrenewal is arbitrary or capricious, the affected individual's contract is renewed for an additional 1-year period. MCL 380.1229(3). 12/02/2016© 2016 Collins & Blaha, P.C.56Slide57
Nonrenewal of Administrator Contract
It would be prudent for individual administrator contracts to contain arbitration clauses for disputes arising out of nonrenewal, nonextension, and termination.12/02/2016© 2016 Collins & Blaha, P.C.57Slide58
Layoff of Administrators
As with teachers, school administrators may be subject to layoffs and recalls.Michigan Courts specifically provide that school boards need not comply with the statutory due process requirements in contract nonrenewal situations when administrative positions are eliminated for economic reasons. Roberts v Beecher Community School District, 143 Mich App 266, 269; 372 NW2d 328 (1985); Wessely v Carrollton School District, 139 Mich App 439; 362 NW2d 731 (1984).12/02/2016© 2016 Collins & Blaha, P.C.58Slide59
Layoff of Administrators (cont’d)
If challenged, a layoff for legitimate economic reasons will most likely be upheld under the arbitrary and capricious standard, and the procedural safeguards of Section 1229 of the RSC will not be triggered. See Conklin v Eastern Michigan University Chapter of the American Association of University Professors, unpublished opinion per curiam of the Court of Appeals, issued October 21, 2008 (Docket No. 278212). 12/02/2016© 2016 Collins & Blaha, P.C.59Slide60
Layoff of Administrators (cont’d)
A layoff due to job elimination doesn't stop an administrator’s contract roll in theory, absent a resignation, termination or non renewal.In nonrenewal situations, the parties' legal relationship terminates, thus requiring procedural protections, but economic layoffs do not necessarily terminate the employment relationship.12/02/2016© 2016 Collins & Blaha, P.C.60Slide61
Termination of an Administrator Contract
An administrator is also subject to termination of his or her contract during the term of the contract. The Board should follow board policy and contract due process requirements for a mid-year termination. Termination procedures may include a Board hearing with advance notice of the charges.12/02/2016© 2016 Collins & Blaha, P.C.61Slide62
Termination of an Administrator Contract (cont’d)
Termination must be for a reason that is not arbitrary or capricious for administrators other than a superintendent. MCL 423.215(3)(m). Notice of nonrenewal is not required when an administrator is discharged.It would be prudent for individual administrator contracts to contain arbitration clauses for disputes arising out of discharge.12/02/2016© 2016 Collins & Blaha, P.C.62Slide63
Tenure Implications
When an administrator is nonrenewed, discharged, or laid off, he or she has the right to return to a classroom position provided the administrator previously earned teacher tenure and is certificated. Before the enactment of the 2011 Amendments to the Tenure Act, controlling boards could determine whether to grant or deny “administrative tenure” to teachers serving in non-classroom positions.12/02/2016© 2016 Collins & Blaha, P.C.63Slide64
Tenure Implications (cont’d)
Administrative tenure is no longer permitted: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. MCL 38.91(7).12/02/2016© 2016 Collins & Blaha, P.C.64Slide65
Tenure Implications (cont’d)
Administrators with previously acquired teacher tenure rights maintain their rights under the Tenure Act to return to the classroom. 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. MCL 38.91(7).12/02/2016© 2016 Collins & Blaha, P.C.65Slide66
Tenure Implications (cont’d)
Salary upon an administrator’s return to teaching shall be the same as if the teacher had been continuously employed 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. MCL 38.91(7).12/02/2016© 2016 Collins & Blaha, P.C.66Slide67
Tenure Implications (cont’d)
A certified teacher who has earned tenure in District A and then serves as an administrator in District B, achieves K-12 tenure in District B after serving as an administrator for the 2 year probationary period. A certified teacher who has never earned K-12 tenure in Michigan and who is hired as an administrator in District B will not earn K-12 tenure in District B.12/02/2016© 2016 Collins & Blaha, P.C.67Slide68
Tenure Implications (cont’d)
A certified teacher who earned K-12 tenure in District A, and leaves to work as a teacher or administrator in District B, and then is hired back as an administrator in District A automatically has K-12 tenure in District A.This is because a teacher shall not be required to serve more than one probationary period in any one school district. MCL 38.92.12/02/2016© 2016 Collins & Blaha, P.C.68Slide69
Placement in Classroom
A former administrator’s rights to placement in a classroom are similar to a tenured teacher’s right to placement after a voluntary leave of absence.An administrator returning to the classroom is not automatically guaranteed a job. Bebeau v Van Dyke Pub Schs, TTC 78-37.If the number of teachers exceeds the number of classroom positions available, the controlling board must consider the former administrator along with the pool of actively employed classroom teachers and determine which teacher or teachers will be laid off. Id. 12/02/2016© 2016 Collins & Blaha, P.C.69Slide70
Placement in Classroom (cont’d)
Decisions regarding teacher placement is a prohibited subject of bargaining:(3) Collective bargaining between a public school employer and a bargaining representative of its employees shall not include any of the following subjects:(j) Any decision made by the public school employer regarding teacher placement, or the impact of that decision on an individual employee or the bargaining unit. MCL 423.215.12/02/2016© 2016 Collins & Blaha, P.C.70Slide71
Placement in Classroom (cont’d)
A school district is not always required to place the former administrator immediately. Herman v West Bloomfield Sch Dist, TTC 83-16.For example, if the former administrator is discharged in the middle of a semester.Additionally, an administrator must not unduly delay his return to the classroom following a layoff. Rynearson v Melvindale-Northern Allen Park Schs, unpublished opinion per curiam of the Court of Appeals, issued November 15, 1996 (Docket No. 186530).12/02/2016© 2016 Collins & Blaha, P.C.71Slide72
Reassignment to Nonadministrative Position
Reassignment of an administrator to a nonadministrative position is considered a “nonrenewal.” Sanders v Delton Kellogg Schools, 453 Mich 483; 556 NW2d 467 (1996).Therefore, the RSC notice requirements apply.12/02/2016© 2016 Collins & Blaha, P.C.72Slide73
Reassignment to Administrative Position
Reassignment of an administrator to another administrative position is governed by an administrator’s contract. Administrator contracts may include a provision that authorizes reassignment to another administrative position in the district.It would be prudent for the reassignment provision to address whether the administrator’s salary is impacted as a result of reassignment.12/02/2016© 2016 Collins & Blaha, P.C.73Slide74
Contract Conclusion
Differentiate between contract extensions and contract nonrenewals under the RSC. Superintendent nonrenewals are treated differently than non-superintendent administrator nonrenewals under the school code. Be cognizant of an administrator’s teacher tenure rights following administrator nonrenewal, termination, layoff and the application of applicable board policies regarding teacher placement, layoff/recall. 12/02/2016© 2016 Collins & Blaha, P.C.74Slide75
Contract Conclusion (cont’d)
Reassignment of an administrator to another administrator position is governed by the administrator’s contract. Reassignment of an administrator to a nonadministrative position is governed by the RSC, regardless of a contractual provision of a right of reassignment. Mid-year contract termination of an administrator typically triggers contract hearing processes. Teacher tenure implications may still exist after administrator termination, thereby requiring tenure discharge proceedings to sever employment from the district. 12/02/2016© 2016 Collins & Blaha, P.C.75Slide76
The Latest updates on administrator evaluations
Questions?Gary J. Collins, Esq.William J. Blaha, Esq.COLLINS & BLAHA, P.C.31440 Northwestern Highway, Suite 170Farmington Hills, Michigan 48334David A. Comsa, J.D.Deputy Superintendent, HR and Legal Services/General CounselANN ARBOR PUBLIC SCHOOLS2555 South State Street
Ann Arbor, Michigan 48104