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HF 947

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/16/2011 04:37pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/07/2011
1st Engrossment Posted on 03/16/2011

Current Version - 1st Engrossment

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A bill for an act
relating to education; modifying alternative teacher pay system; amending
Minnesota Statutes 2010, section 122A.414, subdivisions 1a, 2, 2a, 2b.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 122A.414, subdivision 1a, is amended to
read:


Subd. 1a.

Transitional planning year.

deleted text begin (a)deleted text end To be eligible to participate in an
alternative teacher professional pay system, a school district, intermediate school district,
or site, at least one school year before it expects to fully implement an alternative pay
system, mustdeleted text begin :
deleted text end

deleted text begin (1) submit to the department a letter of intent executed by the school district or
intermediate school district and the exclusive representative of the teachers to complete
a plan preparing for full implementation,
deleted text end new text begin begin the process of developing an alternative
teacher pay plan,
new text end consistent with subdivision 2, that may include, among other activities,
training to evaluate teacher performance, a restructured school day to develop integrated
ongoing site-based professional development activities, release time to develop an
alternative pay system agreement, and teacher and staff training on using multiple data
sourcesdeleted text begin ; anddeleted text end new text begin .
new text end

deleted text begin (2) agree to use up to two percent of basic revenue for staff development purposes,
consistent with sections 122A.60 and 122A.61, to develop the alternative teacher
professional pay system agreement under this section.
deleted text end

deleted text begin (b) To be eligible to participate in an alternative teacher professional pay system, a
charter school, at least one school year before it expects to fully implement an alternative
pay system, must:
deleted text end

deleted text begin (1) submit to the department a letter of intent executed by the charter school and the
charter school board of directors;
deleted text end

deleted text begin (2) submit the record of a formal vote by the teachers employed at the charter
school indicating at least 70 percent of all teachers agree to implement the alternative
pay system; and
deleted text end

deleted text begin (3) agree to use up to two percent of basic revenue for staff development purposes,
consistent with sections 122A.60 and 122A.61, to develop the alternative teacher
professional pay system.
deleted text end

deleted text begin (c) The commissioner may waive the planning year if the commissioner determines,
based on the criteria under subdivision 2, that the school district, intermediate school
district, site or charter school is ready to fully implement an alternative pay system.
deleted text end

Sec. 2.

Minnesota Statutes 2010, section 122A.414, subdivision 2, is amended to read:


Subd. 2.

Alternative teacher professional pay system.

(a) deleted text begin To participate in
this program, a
deleted text end new text begin All new text end school deleted text begin districtdeleted text end new text begin districtsnew text end , intermediate school deleted text begin district, school site, ordeleted text end
new text begin districts, and new text end charter deleted text begin schooldeleted text end new text begin schoolsnew text end must have an educational improvement plan under
section 122A.413 and an alternative teacher professional pay system agreement under
paragraph (b)new text begin by the start of the 2014-2015 school yearnew text end . A charter school participant also
must comply with subdivision 2a.

(b) The alternative teacher professional pay system agreement must:

(1) describe how teachers can achieve career advancement and additional
compensation;

(2) describe how the school district, intermediate school district, deleted text begin school site,deleted text end or
charter school will provide teachers with career advancement options that allow teachers
to retain primary roles in student instruction and facilitate site-focused professional
development that helps other teachers improve their skills;

(3) reform the "steps and lanes" salary schedulenew text begin by establishing an alternative
salary schedule that utilizes methods other than seniority and fully or partially embeds
performance pay outlined in items (i) to (iii)
new text end , prevent any teacher's compensation paid
before implementing the pay system from being reduced as a result of participating in this
system, and new text begin improve beginning teacher salaries;
new text end

new text begin (4) new text end base at least deleted text begin 60deleted text end new text begin 50new text end percent of any compensation increase on teacher performance
using:

(i) schoolwide student achievement gains under section 120B.35 deleted text begin or locally selected
standardized assessment outcomes, or both
deleted text end new text begin as at least 25 percent of any increasenew text end ;

(ii) deleted text begin measures ofdeleted text end student achievementnew text begin gains based on section 120B.35 or locally
selected standardized assessment outcomes, or both as at least 25 percent of any increase
new text end ;
deleted text begin and
deleted text end

deleted text begin (iii)deleted text end new text begin (5) base the remaining percentage of any compensation increase on teacher
performance using
new text end an objective evaluation program that includes:

deleted text begin (A)deleted text end new text begin (i)new text end individual teacher evaluations new text begin required under section 122A.411 and new text end aligned
with the educational improvement plan under section 122A.413 and the staff development
plan under section 122A.60; and

deleted text begin (B)deleted text end new text begin (ii)new text end objective new text begin teacher new text end evaluations using multiple criteria conducted by a locally
selected and periodically trained evaluation team that understands teaching and learning;

deleted text begin (4)deleted text end new text begin (6)new text end provide integrated ongoing site-based professional development activities
to improve instructional skills and learning that are aligned with student needs under
deleted text begin sectiondeleted text end new text begin sections 122A.411 andnew text end 122A.413, consistent with the staff development plan
under section 122A.60 and led during the school day by trained teacher leaders such as
master or mentor teachers;

deleted text begin (5)deleted text end new text begin (7)new text end allow any teacher in a participating school district, intermediate school
district, deleted text begin school site,deleted text end or charter school that implements an alternative pay system to
participate in that system without any quota or other limit; and

deleted text begin (6)deleted text end new text begin (8)new text end encourage collaboration rather than competition among teachers.

Sec. 3.

Minnesota Statutes 2010, section 122A.414, subdivision 2a, is amended to read:


Subd. 2a.

Charter school applications.

For charter school applications, the board
of directors of a charter school that satisfies the conditions under subdivisions 2 and 2b
must submit to the commissioner an application that contains:

(1) an agreement to implement an alternative teacher professional pay system under
this section;new text begin and
new text end

(2) a resolution by the charter school board of directors adopting the agreementdeleted text begin ; anddeleted text end new text begin .
new text end

deleted text begin (3) the record of a formal vote by the teachers employed at the charter school
indicating that at least 70 percent of all teachers agree to implement the alternative
teacher professional pay system, unless the charter school submits an alternative teacher
professional pay system agreement under this section before the first year of operation.
deleted text end

Alternative compensation revenue for a qualifying charter school must be calculated
under section 126C.10, subdivision 34, paragraphs (a) and (b).

Sec. 4.

Minnesota Statutes 2010, section 122A.414, subdivision 2b, is amended to read:


Subd. 2b.

Approval process.

(a) Consistent with the requirements of this section
and sections 122A.413 and 122A.415, the department must prepare and transmit to
deleted text begin interesteddeleted text end new text begin allnew text end school districts, intermediate school districts, deleted text begin school sites,deleted text end and charter
schools a standard form for applying to participate in the alternative teacher professional
pay system. The commissioner annually must establish new text begin at least new text end three dates as deadlines
by which interested applicants must submit an application to the commissioner under
this section. deleted text begin An interesteddeleted text end new text begin Allnew text end school deleted text begin districtdeleted text end new text begin districtsnew text end , intermediate school deleted text begin district,
school site
deleted text end new text begin districtsnew text end , or charter deleted text begin schooldeleted text end new text begin schoolsnew text end must submit to the commissioner a
completed application executed by the district superintendent and the exclusive bargaining
representative of the teachers if the applicant is a school districtdeleted text begin ,deleted text end new text begin ornew text end intermediate school
district, deleted text begin or school site,deleted text end or executed by the charter school board of directors if the applicant
is a charter school. The application must include the proposed alternative teacher
professional pay system agreement under subdivision 2. The department must review a
completed application within 30 new text begin business new text end days of the most recent application deadline
and recommend to the commissioner whether to approve or disapprove the application.
The commissioner must approve applications on a first-come, first-served basis. The
applicant's alternative teacher professional pay system agreement must be legally binding
on the applicant and the collective bargaining representative before the applicant receives
alternative compensation revenue. The commissioner must approve or disapprove an
application based on the requirements under subdivisions 2 and 2a.

(b) If the commissioner disapproves an application, the commissioner must
give the applicant timely notice of the specific reasons in detail for disapproving the
application. The applicant may revise and resubmit its application and related documents
to the commissioner within 30 new text begin business new text end days of receiving notice of the commissioner's
disapproval and the commissioner must approve or disapprove the revised application,
consistent with this subdivision. Applications that are revised and then approved are
considered submitted on the date the applicant initially submitted the application.

Sec. 5. new text begin ALTERNATIVE COMPENSATION REAPPLICATION.
new text end

new text begin Any school district, intermediate school district, or charter school that has an
approved alternative teacher compensation plan under Minnesota Statutes, section
122A.414, must submit a new application to the commissioner of education by June 1,
2013, that complies with the changes to Minnesota Statutes, section 122A.414, subdivision
2, paragraph (b), in section 1.
new text end