Someone just alerted me to three new proposed policies, named the "prohibited subjects policies," that have been placed on tonight's board agenda, but were only placed there this afternoon...
I find the substance of the policies a bit shocking (although I assume they are influenced in some way by Michigan's right-to-work law, but I don't know much about the ins and outs of the law). But what is really shocking is that they are being added to the agenda at the last minute, especially given their content.
You can always look at the agenda and policies of the Ann Arbor schools board on BoardDocs, but if you were to look at them yesterday, you wouldn't (it seems) know what would be on the agenda tonight.
Here is the link to the proposed policies, but I'm just going to paste them in below as well, on the theory that most people will not click on the link. They're not that long....
BY THE WAY--
First Briefing means there is still time to let the Board of Education know what you are thinking: boe@aaps.k12.mi.us.
Policy #1:
Book AAPS Policies & Regulations
Section 4000: Human Resources
Title Placement of Teachers
Number 4800
Status DRAFT
Legal MCL §423.215(3)G).
The Superintendent or designee shall determine teacher placement based on qualifications (as
defined by the District, which shall include but not be limited to state and federal requirements such as
certification, highly qualified requirements, endorsements, etc.), the academic needs and best interest of
District students, and the District's educational program. At all times, the District shall strive to place the
most effective and qualified teachers in assignments aligned with student and District needs.
Decisions about teacher placement, and the impact of such decisions on the individual teacher or the
bargaining unit, shall not be the subject of any terms or conditions within a collective bargaining
agreement between the District and a collective bargaining representative of such teachers.
The Superintendent or designee may develop and adopt administrative regulations related to teacher
placement.
This policy supersedes all other policies on this issue.
Policy #2:
Book AAPS Policies & Regulations
Section 4000: Human Resources
Title Performance Evaluation Systems
Number 4810
Status DRAFT
Legal MCL 423.215(3)(!)
MCL 38.93, as amended by Public Acts 100, 101 and 102, effective July 19, 2011
MCL 38.83a
MCL 380.1248
MCL 380.1249, as amended by Public Act 257, effective June 30, 2014
The Ann Arbor Public Schools is responsible for the employment and supervision of all personnel. The
District shall comply with Section 1249 of the Revised School Code, as amended from time to time,
which mandates the inclusion of certain components within the District's performance evaluation
system for teachers and school administrators who are regularly involved in instructional matters.
Pursuant to Section 1249, the District shall:
Adopt and implement for all teachers and school administrators a rigorous, transparent,
and fair performance evaluation system.
Evaluate the job performance of teachers and administrators using multiple rating categories
that take into account data on student growth as a significant factor.
Provide timely and constructive feedback to teachers and administrators regarding their job
performance.
Establish clear approaches to measuring student growth and provide teachers and school
administrators with relevant data on student growth.
Use the evaluations to inform its decisions on: the effectiveness of teachers and school
administrators; promotion, retention, and development of teachers and school
administrators, including providing relevant coaching, instructional support, and professional
development; whether or not to grant tenure or full certification to teachers and school
administrators; removing ineffective tenured and untenured teachers and school
administrators.
The District shall also comply with the requirements of the Michigan Teachers' Tenure Act with respect to
the evaluation of teachers, as applicable. Decisions regarding the development, content, standards, procedures, adoption, and implementation of
performance evaluation systems, and decisions about the content of performance evaluation systems,
and the impact of such decisions on the individual employee or the applicable bargaining unit, shall not
be the subject of any terms and conditions within a collective bargaining agreement between the District
and a collective bargaining representative of its employees.
The Board of Education delegates to the Superintendent or designee, the responsibility for taking
appropriate action, including developing administrative regulations as needed, to adopt and implement a
rigorous, transparent, and fair performance evaluation system in compliance with Section 1249.
This policy supersedes all other policies on this issue.
Policy #3:
Book AAPS Policies & Regulations
Section 4000: Human Resources
Title Teacher Discipline, Demotion, or Dismissal
Number 4820
Status DRAFT
Legal MCL §423.215(3)(m
MCL §§38.71-191
Teachers whose employment is regulated by the provisions of MCL §§38.71 through 38.191, inclusive,
shall be disciplined, demoted or dismissed only for a reason that is not arbitrary or capricious.
The Superintendent or designee shall ensure that decisions regarding the discipline, demotion and
dismissal of teachers whose employment is regulated by MCL §§38.71 through 38.191 are consistent
with this policy and the legal authority cited above.
Decisions about the development, content, standards, procedures, adoption and implementation of a
policy regarding discharge or discipline of a teacher, or the impact of those decisions on an individual
teacher or the bargaining unit, shall not be the subject of any terms and conditions within a collective
bargaining agreement between the District and a collective bargaining representative of its employees.
The Superintendent or designee may develop and adopt administrative regulations that detail the
standards or procedures for the discipline, demotion, and/or dismissal of teachers subject to this
policy.
This policy is applicable to teachers and school administrators whose employment is subject to section 1
of article l of the Michigan Teachers' Tenure Act.
This policy supersedes all other policies on this issue.
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Thanks for including the text of the policies inline. But after reading through them, I don't get why the label "prohibited subjects policies" is used to describe these policies. Is this an obvious thing I'm missing? Ruth, can you give some insight on that?
ReplyDeleteHere is the link to the proposed policies, and if you follow the link you will see that the agenda item subject is labeled: Prohibited Subjects Policies. Why, I have no idea.
DeleteProhibited subjects of bargaining are designated by PERA. I had to read up on this to figure it out. I believe the current collective bargaining agreement contains provisions relating to 'prohibited subjects', given it was agreed upon before these subjects became 'prohibited'. Here is an explanation I found:
ReplyDelete"Matters not considered mandatory subjects of bargaining are classified as permissive or prohibited subjects. The parties may bargain by mutual agreement, but neither the union nor the employer may insist on bargaining a permissive subject to the point of impasse. Examples of permissive subjects of bargaining include a proposal to provide benefits to current retirees or to include the union insignia on employer products.
A prohibited subject of bargaining is one that is unlawful under a collective bargaining statute or other law. While the parties are not forbidden from discussing a prohibited subject during bargaining, any contract provision containing such a subject is unenforceable."
https://www.michigan.gov/documents/lara/MERC_Guide_2014-_rev_final_6-9-14_458557_7.pdf