Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
MOAHR-Rules@michigan.gov  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Education  
2. Bureau:  
Superintendent of Public Instruction  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Teacher and School Administrator Evaluation Tools  
5. Rule numbers or rule set range of numbers:  
R 380.21 - R 380.23  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Mary Fielding  
E-mail of person filling out RFR:  
FieldingM@michigan.gov  
Phone number of person filling out RFR:  
517-241-6986  
Address of person filling out RFR:  
608 W. Allegan St., P.O. Box 30008, Lansing, MI 48933  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The general purposes of the proposed amendments are to align the rules with current standards of  
drafting related to the use of active and passive voice, to update a statutory reference, and to delete  
the timeline requirement for notification about the Michigan Department of Education’s placement  
of an evaluation tool on its list of approved evaluation tools.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
The superintendent of public instruction has promulgation authority for the rules.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
The superintendent of public instruction has authority to promulgate the rules under sections 1249  
and 1249b of the revised school code, 1976 PA 451, MCL 380.1249 and 380.1249b, and Executive  
Reorganization Order No. 1996-6, MCL 388.993.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
MCL 380.1249 and 380.1249b mandate the rules.  
9. Please describe the extent to which the rules conflict with or duplicate similar rules,  
compliance requirements, or other standards adopted at the state, regional, or federal level.  
The rules do not conflict with or duplicate similar rules, compliance requirements, or other  
standards adopted at the state, regional, or federal level.  
MCL 24.239  
RFR-Page 2  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
The subject matter of the rules is contained in documents on the Department of Education website  
at the following link:  
https://www.michigan.gov/mde/services/ed-serv/educator-retention-supports/educator-eval  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
The rules are listed on the Department of Education’s 2023-2024 annual regulatory plan as rules to  
be processed for the current year.  
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures  
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?  
Full Process  
13. Please describe the extent to which the rules exceed similar regulations, compliance  
requirements, or other standards adopted at the state, regional, or federal level.  
The rules do not exceed similar regulations, compliance requirements, or other standards adopted  
at the state, regional, or federal level.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
The rules do not incorporate recommendations received from the public regarding complaints or  
comments regarding the rules.  
15. If amending an existing rule set, please provide the date of the last evaluation of the rules  
and the degree, if any, to which technology, economic conditions, or other factors have changed  
the regulatory activity covered by the rules since the last evaluation.  
The Department of Education last evaluated the rules when they were promulgated in 2017.  
Neither technology, economic conditions, nor other factors have changed the regulatory activity  
covered by the rules since the last evaluation.  
16. Are there any changes or developments since implementation that demonstrate there is no  
continued need for the rules, or any portion of the rules?  
There have been no changes or developments since implementation that demonstrate that there is  
not a continued need for the rules or any portion of the rules.  
17. Is there an applicable decision record (as defined in MCL 24.203(6) and required by MCL  
24.239(2))? If so, please attach the decision record.  
No  
Based on the information provided in this RFR, MOAHR concludes that there are sufficient  
policy and legal bases for approving the RFR. The RFR satisfies the requirements of the  
Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.201 to 24.328, and Executive  
Order No. 2019-6.  
MCL 24.239  
;