As 2024 begins, we remind school officials to update board policies affected by the 2023 legislative changes to the Michigan Public Employment Relations Act (PERA), State School Aid Act (SSAA), Revised School Code (RSC), and Teachers’ Tenure Act (TTA).
Amendments Requiring Policy Changes
The amendments enacted in 2023 alter the landscape of school governance. A non-exhaustive list of topics addressed by these amendments includes mandatory and prohibited collective bargaining subjects, teacher and administrator evaluations, performance-based compensation, teacher termination, and nonrenewal of administrators.
Effective February 13, 2024, PERA Section 15(3) will no longer prohibit bargaining teacher placement, teacher layoff/recall, teacher and administrator evaluation, teacher discharge/discipline, merit pay, and third-party contracting of non-instructional services. PERA Section 15(11) has been deleted, which means that entering into intergovernmental agreements to consolidate services is no longer a prohibited bargaining subject. Additionally, Section 10 was amended to remove the prohibition on collecting dues for unions.
The Legislature amended RSC Section 1248 to modify the factors that school officials must consider when making personnel decisions and Section 1249 as to teacher and administrator evaluations. These laws will become effective July 1, 2024.
Preparing For the New Landscape
These amendments will change the way school personnel approach the collective bargaining process. School officials should anticipate that unions will demand to bargain the topics that are no longer prohibited subjects of bargaining. Having board policies in place on these topics may give public schools additional leverage when bargaining. Thrun’s Professional Staff Policy Package, discussed herein, has been updated to incorporate these legislative changes.
Though the number of mandatory bargaining subjects has increased, a school has no legal obligation to agree to the union’s proposed language. Whether a school with an unexpired collective bargaining agreement must bargain these now mandatory bargaining subjects is fact-specific. School officials should consult with legal counsel to discuss their circumstances.
Rather than negotiate from a union proposal, school officials should start negotiations on a topic by sharing any relevant updated board policies and requiring union representatives to identify whether, why, and how these policies should be revised to meet their demands. To be well-positioned to use board policy as the starting point, school officials should: review current school board policies that address formerly prohibited bargaining subjects, consult with the school’s policy service provider, and help the board to revise board policy as appropriate.
If they have not already done so, school officials should begin updating their board policies to ensure they align and comply with the new statutory requirements no later than February 13, 2024, when much of the 2023 legislation becomes effective.
Policy Updates
For Thrun Policy Service subscribers, the 2023 Professional Staff Policy Package addresses these legislative changes and, if implemented and applied properly, will comply with statutory requirements. The Professional Staff Policy Package includes the following policies:
- Union Activity and Representation (Thrun Policy 4108): Addresses the PERA amendments that repealed the prohibition on the voluntary deduction from employee wages of union dues and service fees. The policy includes optional language for the school to charge administrative fees to the union for processing deductions.
- Third-Party Contracting (Thrun Policy 4207): Addresses the PERA amendments that removed third-party contracting of non-instructional support services and intergovernmental contracts from the list of prohibited bargaining subjects.
- Teacher Placement (Thrun Policy 4402-R): Addresses the PERA amendments that make teacher placement decisions a mandatory bargaining subject and the RSC Section 1248 amendments that require “clear and transparent procedures” for teacher placement decisions.
- Teacher Performance Evaluation (Thrun Policy 4403-R): Addresses the PERA amendments that make teacher evaluations (including observations) a mandatory bargaining subject, as well as the requirements of the amended RSC Section 1249 related to teacher evaluation.
- Teacher Performance Based Compensation (Thrun Policy 4404): Addresses the repeal of RSC Section 1250 and the SSAA Section 164h amendments to teacher merit pay.
- Reduction in Force and Recall (Thrun Policy 4405-R): Addresses the PERA amendments that make teacher layoff/recall a mandatory bargaining subject and the RSC Section 1248 amendments that require “clear and transparent procedures” for those decisions.
- Discipline (Thrun Policy 4407): Addresses the PERA amendments that make teacher discipline a mandatory bargaining subject.
- Termination (Thrun Policy 4408): Addresses amendments to the TTA.
- Non-Renewal (Thrun Policy 4409-R): Addresses the amendments to RSC Section 1249 necessary to align it with the TTA amendments.
- Administrator Performance Evaluation (Thrun Policy 4503-R): Addresses amended RSC Section 1249b as to administrator evaluation.
- Administrator Performance Based Compensation (Thrun Policy 4504): Addresses the repeal of RSC Section 1250 and amendment to SSAA Section 164h about teacher merit pay.
Thrun Policy Update subscribers have received these updated policies at no additional cost. The Professional Staff Policy Package is also available for purchase by schools that do not subscribe to the Thrun Policy Service or Thrun Policy Updates. To purchase this Policy Package, please return the attached order form. The cost of the Policy Package will be credited toward the full cost of the Thrun Policy Manual if the school purchases the Policy Manual by March 31, 2024.