Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 2371

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:03am

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

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7
1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 2.36 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14
3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 4.36 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23
5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 6.35 6.36
7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 7.35 7.36 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 8.35 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9
9.10 9.11

A bill for an act
relating to education; offering licensed kindergarten through grade 12 teachers
a multiyear employment contract and performance-based compensation as an
alternative to continuing employment; amending Minnesota Statutes 2008,
sections 122A.40, subdivision 7, by adding a subdivision; 122A.41, subdivision
4, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2008, section 122A.40, subdivision 7, is amended to
read:


Subd. 7.

Termination of contract after probationary period.

(a) A teacher who
has completed a probationary period in any district, and who has not been discharged
or advised of a refusal to renew the teacher's contract under subdivision 5, shall elect
to have a continuing contract with such district where contract terms and conditions,
including salary and salary increases, are established based either on the length of the
school calendar or an extended school calendar under section 120A.415new text begin or, with the
agreement of the school board, a five-year term contract under subdivision 7b
new text end . Thereafter,
new text begin if the teacher elects to have a five-year term contract and receive performance-based
compensation, and the school board agrees to the teacher's election, the teacher's contract
is subject to the provisions of subdivision 7b. If the teacher elects to have a continuing
contract under this subdivision,
new text end the teacher's contract must remain in full force and effect,
except as modified by mutual consent of the board and the teacher, until terminated by a
majority roll call vote of the full membership of the board prior to April 1 upon one of
the grounds specified in subdivision 9 or July 1 upon one of the grounds specified in
subdivision 10 or 11, or until the teacher is discharged pursuant to subdivision 13, or by
the written resignation of the teacher submitted prior to April 1. If an agreement as to the
terms and conditions of employment for the succeeding school year has not been adopted
pursuant to the provisions of sections 179A.01 to 179A.25 prior to March 1, the teacher's
right of resignation is extended to the 30th calendar day following the adoption of said
contract in compliance with section 179A.20, subdivision 5. Such written resignation by
the teacher is effective as of June 30 if submitted prior to that date and the teachers' right
of resignation for the school year then beginning shall cease on July 15. Before a teacher's
contract is terminated by the board, the board must notify the teacher in writing and state
its ground for the proposed termination in reasonable detail together with a statement that
the teacher may make a written request for a hearing before the board within 14 days after
receipt of such notification. If the grounds are those specified in subdivision 9 or 13, the
notice must also state a teacher may request arbitration under subdivision 15. Within 14
days after receipt of this notification the teacher may make a written request for a hearing
before the board or an arbitrator and it shall be granted upon reasonable notice to the
teacher of the date set for hearing, before final action is taken. If no hearing is requested
within such period, it shall be deemed acquiescence by the teacher to the board's action.
Such termination shall take effect at the close of the school year in which the contract is
terminated in the manner aforesaid. Such contract may be terminated at any time by mutual
consent of the board and the teacher and this section does not affect the powers of a board
to suspend, discharge, or demote a teacher under and pursuant to other provisions of law.

(b) A teacher electing to have a continuing contract based on the extended school
calendar under section 120A.415 must participate in staff development training under
subdivision 7a and shall receive an increased base salary.

new text begin (c) Notwithstanding other law to the contrary, a teacher who elects to have a
continuing contract under this subdivision may subsequently make a onetime permanent
election, with the agreement of the employing school board, to have a term contract and
receive performance-based compensation under subdivision 7b. The teacher's election is
irrevocable and continues during the entire time the teacher is employed in a Minnesota
school district. A teacher electing a term contract and performance-based compensation
remains eligible for all compensation-related benefits the teacher has earned up to the time
of this election. As a precondition of having a contract under subdivision 7b, the teacher
must successfully serve a one-year probationary period that the local tenure review panel
evaluates according to the panel's written performance criteria that the teacher receives
before the one-year probationary period begins. The panel's determination is final and
binding on the teacher. If the panel determines that the teacher failed to meet one or more
of the panel's written performance criteria during the one-year probationary period, the
teacher has neither a continuing contract under this subdivision nor a five-year contract
and performance-based compensation under subdivision 7b. A teacher may appeal a
panel's determination to the commissioner of mediation services within 15 days of
receiving notice of the determination only if the teacher believes the determination was:
new text end

new text begin (1) procured by fraud, corruption, or other undue means;
new text end

new text begin (2) made by an evidently partial or corrupt panel or the panel's misconduct
prejudiced the teacher's rights; or
new text end

new text begin (3) made after the panel refused to postpone hearing the matter after the teacher
showed sufficient cause for postponement, the panel refused to hear evidence material
to the matter, or the panel's conduct when hearing the matter substantially prejudiced
the teacher's rights.
new text end

new text begin The commissioner of mediation services must make a decision within 30 days of receiving
the teacher's appeal. The teacher may not appeal the commissioner's decision. During this
one-year probationary period, a school board may terminate or discharge the teacher only
for a statutorily specified cause.
new text end

Sec. 2.

Minnesota Statutes 2008, section 122A.40, is amended by adding a subdivision
to read:


new text begin Subd. 7b. new text end

new text begin Option of term contract plus performance-based compensation. new text end

new text begin (a)
Notwithstanding other law to the contrary, a teacher who completes a probationary period
in any school district, and who is not discharged or advised of a refusal to renew the
teacher's contract under subdivision 5, may permanently elect, as an alternative to having
a continuing contract under subdivision 7, to have a five-year term contract and receive
performance-based compensation described in this subdivision. The employment terms
for a teacher who makes this election are governed by the provisions of this subdivision.
The teacher's election is irrevocable and continues during the entire time the teacher is
employed in a Minnesota school district.
new text end

new text begin (b) A school board agreeing to employ a teacher under this subdivision must
establish a tenure review panel that, at a minimum, is composed of school board members,
a high school student enrolled in the district, district residents, and school administrators
that the school board appoints. At a minimum, at least one-quarter of the tenure review
panel members must be teachers employed by the district and selected by the teachers'
exclusive bargaining representative. Panel meetings in which members discuss personnel
matters are closed meetings and are not subject to section 471.705. The panel must
make public any final decision affecting personnel at a reasonable time and place and in
a reasonable manner. Data the panel uses to make a final decision are private data on
individuals. Panel members serve staggered four-year terms. The school board may
reimburse panel members for reasonable expenses members incur relating to their duties.
Panel members are not liable for determining that a teacher failed to meet one or more of
the panel's written performance criteria during the one-year probationary period or for an
annual performance evaluation or subsequent recommendation to the school board that
the board not renew the teacher's contract.
new text end

new text begin (c) Before a school board agrees to employ a teacher under this subdivision, the
tenure review panel shall adopt a plan for an annual written evaluation of the teacher's
performance that states the performance criteria by which the panel will evaluate the
teacher. The panel must give the teacher timely notice of the criteria. School-site
administrators shall review each performance evaluation to determine whether the teacher
has met the panel's performance criteria and, if the teacher has not met one or more
performance criteria, convey that fact to the panel. During the term of the teacher's
five-year contract, the school board may terminate or discharge the teacher only for a
statutorily specified cause. Unrequested leaves of absence are governed by subdivision 11
during the contract term. At the end of a teacher's five-year term contract, the panel shall
make a final and binding recommendation to the school board whether or not to reemploy
the teacher for a subsequent five-year term contract. A teacher may appeal the panel's
recommendation only if the teacher believes the panel's recommendation was:
new text end

new text begin (1) procured by fraud, corruption, or other undue means;
new text end

new text begin (2) made by an evidently partial or corrupt panel or the panel's misconduct
prejudiced the teacher's rights; or
new text end

new text begin (3) made after the panel refused to postpone hearing the matter after the teacher
showed sufficient cause for postponement, the panel refused to hear evidence material
to the matter, or the panel's conduct when hearing the matter substantially prejudiced
the teacher's rights.
new text end

new text begin The school board shall renew the teacher's contract as the panel's recommendation
indicates.
new text end

new text begin (d) A school district governing board must adopt a performance-based compensation
system at a public hearing to provide teachers with performance-based compensation.
new text end

new text begin (e) A school board shall formally adopt a performance-based compensation system
that includes the following elements:
new text end

new text begin (1) school district performance and school performance;
new text end

new text begin (2) state measures of academic progress toward the academic standards;
new text end

new text begin (3) other measures of student academic progress;
new text end

new text begin (4) student dropout or graduation rates;
new text end

new text begin (5) student attendance rates;
new text end

new text begin (6) ratings of school quality by parents;
new text end

new text begin (7) ratings of school quality by students;
new text end

new text begin (8) the input of teachers and administrators;
new text end

new text begin (9) approval of the performance-based compensation system based on an affirmative
vote of at least 70 percent of the teachers eligible to participate in the performance-based
compensation system;
new text end

new text begin (10) an appeals process for teachers who have been denied performance-based
compensation; and
new text end

new text begin (11) regular evaluation for effectiveness.
new text end

new text begin A performance-based compensation system shall include teacher professional
development programs that are aligned with the elements for the performance-based
compensation system.
new text end

new text begin (f) A school district governing board may modify the elements contained in
this subdivision and consider additional elements when adopting a performance-based
compensation system. A board shall formally adopt any modifications or additional
elements and specify the performance criteria it uses.
new text end

new text begin (g) Each school board shall develop an assessment plan for its performance-based
compensation system and submit a copy of the plan and the performance-based
compensation system to the department by December 31.
new text end

new text begin (h) A teacher under this subdivision remains a public employee under section
179A.03, subdivision 14, and a teacher under section 179A.03, subdivision 18, for
purposes of chapter 179A only to the extent that these provisions are consistent with
this section.
new text end

Sec. 3.

Minnesota Statutes 2008, section 122A.41, subdivision 4, is amended to read:


Subd. 4.

Period of service after probationary period; discharge or demotion.

(a)
After the completion of such probationary period, without discharge, such teachers as are
thereupon reemployed shall continue in service and hold their respective position during
good behavior and efficient and competent service and must not be discharged or demoted
except for cause after a hearing. The terms and conditions of a teacher's employment
contract, including salary and salary increases, must be based either on the length of the
school year or an extended school calendar under section 120A.415.

(b) A probationary teacher is deemed to have been reemployed for the ensuing
school year, unless the school board in charge of such school gave such teacher notice in
writing before July 1 of the termination of such employment.

(c) A teacher electing to have an employment contract based on the extended school
calendar under section 120A.415 must participate in staff development training under
subdivision 4a and shall receive an increased base salary.

new text begin (d) Notwithstanding other law to the contrary, as an alternative to paragraphs (a), (b),
and (c), a teacher who has completed a probationary period under subdivision 2, without
discharge, may elect to have, with the agreement of the school board, a five-year term
contract and receive performance-based compensation under subdivision 4b. Thereafter,
if the teacher makes this election, the teacher's contract is exclusively subject to the
provisions of subdivision 4b.
new text end

new text begin (e) A teacher who is reemployed and continues in service under this subdivision may
subsequently make a onetime permanent election, with the agreement of the employing
school board, to have a term contract and receive performance-based compensation under
subdivision 4b. The teacher's election is irrevocable and continues during the entire time
the teacher is employed in a Minnesota school district. A teacher making this election
remains eligible for all compensation-related benefits the teacher has earned up to the time
of this election. As a precondition of having a contract under subdivision 4b, the teacher
must serve a one-year probationary period that the local tenure review panel evaluates
according to the panel's written performance criteria that the teacher receives before the
one-year probationary period begins. The panel's determination is final and binding on
the teacher. If the panel determines that the teacher failed to meet one or more of the
panel's written performance criteria during the one-year probationary period, the teacher
has neither a continuing contract under this subdivision nor a five-year contract and
performance-based compensation under subdivision 4b. A teacher may appeal a panel's
determination to the commissioner of mediation services within 15 days of receiving
notice of the determination only if the teacher believes the determination was:
new text end

new text begin (1) procured by fraud, corruption, or other undue means;
new text end

new text begin (2) made by an evidently partial panel or the panel's misconduct prejudiced the
teacher's rights; or
new text end

new text begin (3) made after the panel refused to postpone hearing the matter after the teacher
showed sufficient cause for postponement, the panel refused to hear evidence material
to the matter, or the panel's conduct when hearing the matter substantially prejudiced
the teacher's rights.
new text end

new text begin The commissioner of mediation services must decide the appeal within 30 days of
receiving the appeal. The teacher may not appeal the commissioner's decision. During this
one-year probationary period, a school board may terminate or discharge the teacher only
for a statutorily specified cause.
new text end

Sec. 4.

Minnesota Statutes 2008, section 122A.41, is amended by adding a subdivision
to read:


new text begin Subd. 4b. new text end

new text begin Option of term contract plus performance-based compensation.
new text end

new text begin (a) Notwithstanding other law to the contrary, a teacher who completes a probationary
period under subdivision 2, and who is not advised of the school board's refusal to renew
the teacher's contract, may permanently elect, as an alternative to being reemployed and
continuing in service under subdivision 4, to have a five-year term contract and receive
performance-based compensation described in this subdivision. The employment terms
for a teacher who makes this election are governed by the provisions of this subdivision.
The teacher's election is irrevocable and continues during the entire time the teacher is
employed in a Minnesota school district.
new text end

new text begin (b) A school board agreeing to employ teachers under this subdivision must establish
a tenure review panel that, at a minimum, is composed of school board members, a
high school student enrolled in the district, district residents, and school administrators
that the school board appoints. At a minimum, at least one-fourth of the tenure review
panel members must be teachers employed by the district and selected by the teachers'
exclusive bargaining representative. Panel meetings in which members discuss personnel
matters are closed and are not subject to section 471.705. The panel must make public
any final decision affecting personnel at a reasonable time and place and in a reasonable
manner. Data the panel uses to make a final decision are private data on individuals.
Panel members serve staggered four-year terms. The school board may reimburse panel
members for reasonable expenses members incur relating to their duties. Panel members
are not liable for determining that a teacher failed to meet one or more of the panel's
written performance criteria during the one-year probationary period or for an annual
performance evaluation or subsequent recommendation to the school board that the board
not renew the teacher's contract.
new text end

new text begin (c) Before a school board agrees to employ a teacher under this subdivision, the
tenure review panel shall adopt a plan for an annual written evaluation of the teacher's
performance that states the performance criteria by which the panel will evaluate each
teacher. The panel must give the teacher timely notice of the criteria. School-site
administrators shall review each performance evaluation to determine whether the teacher
has met the panel's performance criteria and, if the teacher has not met one or more
performance criteria, convey that fact to the panel. During the term of the teacher's
five-year contract, the school board may terminate or discharge the teacher only for a
statutorily specified cause. Unrequested leaves of absence are governed by subdivision 14,
during the contract term. At the end of a teacher's five-year term contract, the panel shall
make a final and binding recommendation to the school board whether or not to reemploy
the teacher for a subsequent five-year term contract. A teacher may appeal the panel's
recommendation only if the teacher believes the panel's recommendation was:
new text end

new text begin (1) procured by fraud, corruption, or other undue means;
new text end

new text begin (2) made by an evidently partial or corrupt panel or the panel's misconduct
prejudiced the teacher's rights; or
new text end

new text begin (3) made after the panel refused to postpone hearing the matter after the teacher
showed sufficient cause for postponement, the panel refused to hear evidence material
to the matter, or the panel's conduct when hearing the matter substantially prejudiced
the teacher's rights.
new text end

new text begin The school board shall renew the teacher's contract, as the panel's recommendation
indicates.
new text end

new text begin (d) A school district governing board must adopt a performance-based compensation
system at a public hearing to provide teachers with performance-based compensation.
new text end

new text begin (e) A school board shall formally adopt a performance-based compensation system
that includes the following elements:
new text end

new text begin (1) school district performance and school performance;
new text end

new text begin (2) state measures of academic progress toward the academic standards;
new text end

new text begin (3) other measures of student academic progress;
new text end

new text begin (4) student dropout or graduation rates;
new text end

new text begin (5) student attendance rates;
new text end

new text begin (6) ratings of school quality by parents;
new text end

new text begin (7) ratings of school quality by students;
new text end

new text begin (8) the input of teachers and administrators;
new text end

new text begin (9) approval of the performance-based compensation system based on an affirmative
vote of at least 70 percent of the teachers eligible to participate in the performance-based
compensation system;
new text end

new text begin (10) an appeals process for teachers who have been denied performance-based
compensation; and
new text end

new text begin (11) regular evaluation for effectiveness.
new text end

new text begin A performance-based compensation system shall include teacher professional
development programs that are aligned with the elements for the performance-based
compensation system.
new text end

new text begin (f) A school district governing board may modify the elements contained in
this subdivision and consider additional elements when adopting a performance-based
compensation system. A board shall formally adopt any modifications or additional
elements and specify the performance criteria it uses.
new text end

new text begin (g) Each school board shall develop an assessment plan for its performance-based
compensation system and annually submit a copy of the plan and the performance-based
compensation system to the department by December 31.
new text end

new text begin (h) A teacher under this subdivision remains a public employee under section
179A.03, subdivision 14, and a teacher under section 179A.03, subdivision 18, for
purposes of chapter 179A only to the extent that these provisions are consistent with
this section.
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 4 are effective for the 2009-2010 school year and thereafter.
new text end