New Laws for Public School Employees

Olivia Ponte, MDE Legislative Analyst

The State of Education Symposium

Saturday, October 28^th, 2023

The Bills (Public Acts) in Question

• SB 359 (DPSCD Bargaining)**
• HB 4044 (Wage/Benefit Freeze)
• HB 4233 (Union Dues)
• HB 4354 (Prohibited Subjects)
• HB 4356 (Prohibited Subjects)

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• HB 4820 (Seniority)
• HB 4752 (Retire/Rehire)**
• SB 161 (Teacher Reciprocity)**
• SB 162 (Counselor Reciprocity)**

**Received Immediate Effect

But Wait… There’s More!

• Legislation that positively affects children often positively affects staff as well!
• In January, State Superintendent Dr. Rice shared our legislative agenda with the State Board of Education (SBE), and subsequently, with the Governor and all state legislators.
• Our recommendations aligned to the state’s Top 10 Strategic Education Plan, approved by the SBE in August 2020.
• There are also many budget items in the FY 23 budget, the FY 23 budget supplemental, and the FY 24 budget that were recommended or supported by the department that benefit teachers.

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Other Education Bills (Public Acts)

• RBG3 Retention Repeal (SB 12)
• A – F Repeal (HB 4166)
• Commonsense Gun Safety Laws
• SB 79: requires safe storage of guns and ammunition in homes.
• SB 81 & SB 82: lowers the cost for the purchase of firearm safety devices.
• SB 83: allows specified individuals to petition a court for an ERPO for another individual.
• HB 4138: requires universal background checks for all gun sales in Michigan.

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New Budget Line Items

• 27h Educator Mentoring and Induction: $50M (over 5 years)
• 27i Rural Educator Credentialing Hub: $15M
• 27k: Student Loan Repayment: $225M
• 27l Educator Compensation: $63.8 M 

SB 359: PA 112**�Collective Bargaining in DPSCD

• Previously, teachers hired after 2019 by DPSCD did not have the ability to collectively bargain, and their wages were based solely on student performance.
• This was enacted through PA 192 of 2016, which restructured Detroit Public Schools, creating the Detroit Public Schools Community District, after financial issues in the district and city.
• Now, PA 112 restores the rights of teachers in DPSCD to collectively bargain for compensation like teachers in every other district in the state.

HB 4354: PA 115�Prohibited Subjects of Bargaining

• Previously, decisions about the development, content, standards, procedures adopted, and implementation of certain subjects could not be included in collective bargaining negotiations between teachers and administrators.
• Now, many of these prohibited subjects are now permissible, including the teacher placement policy, the performance evaluation system, the teacher disciplinary policies, classroom observations, the role evaluations have in compensation, as well as personnel decisions like position eliminations or hiring.

HB 4356: PA 143�Prohibited Subjects of Bargaining

• Previously, if a bargaining until could bid on a contract for noninstructional support services, it was barred from discussing a school’s decision to contract with a third party, procedures for obtaining the contract, the identity of the third party, and the impact any contract had on the bargaining unit.
• Now, these are all permissible subjects at the bargaining table.

HB 4044: PA 113�Wage and Benefit Freeze Repeal

• Previously, after the expiration of a collective bargaining agreement and until a new agreement was in place, a public employer could not pay wages or provide benefits at levels and amounts that were higher than those in the previous agreement.
• Now, to avoid unfair labor practices and uphold the duty to bargain in good faith, faculty members can receive an incremental salary increase as prescribed in the old salary schedule, as well as continue to receive fringe benefits, regardless of cost increases.

HB 4233: PA 114�Union Dues for Public School Employees

• Previously, public school employers were prohibited from using public school resources to assist a labor organization in collecting dues or services fees from the wages of their employees.
• Now, a public school employers can automatically deduct union fees or service fees from an employee’s paycheck.

HB 4820: PA 116 �Seniority/Length of Service

• Previously, a school board could not adopt a policy under which length of service or tenure status was the primary or determining factor when it comes to making certain personnel decisions regarding eliminating, hiring, layoff, or recall.
• Now, a school board cannot adopt a policy under which seniority is the sole factor in these personnel decisions.
• Also, the new law requires that school boards adopt, implement, maintain, and comply with clear and transparent procedures for all such personnel decisions, allowing relevant factors to be included.

HB 4752: PA 147**�Retire and Rehire

• Previously, upon retirement, educators had to wait 9 months of no earnings until returning to work in a school
• Now, upon retirement, educators can return immediately with a salary cap of $15,100 per calendar year
• The salary cap is only relevant for 6 months, and then earnings can be unlimited
• Educators cannot return to serve as a superintendent during these 6 months
• This law will sunset in 5 years

SB 161/SB 162: PA 110/PA 111**�Teacher and Counselor Reciprocity

• Previously, all out of state educators had to take the MTTC to receive a valid Michigan teaching certificate
• Now, veteran educators with 3 years of successful teaching experience in their state can come to work in Michigan and help out during this teacher shortage.
• Previously,
• Would allow educators to get an advanced certificate if they receive effective on 3 out of 5 performance evaluation (previously highly effective)

Looking Ahead

• Educator Evaluations
• SB 395/SB 396
• Charter School Transparency
• HB 5231 – HB 5234
• HB 5269
• Financial Transparency

Thank You!

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Contact Information:

Olivia Ponte

ponteo1@michigan.gov