HF 3799

as introduced - 86th Legislature (2009 - 2010) Posted on 04/26/2010 11:22am

A bill for an act
relating to education; modifying teacher and principal licensure provisions;
granting commissioner authority in low-achieving schools; requiring a report;
authorizing rulemaking; amending Minnesota Statutes 2008, sections 122A.14,
by adding subdivisions; 122A.18, subdivisions 1, 2, by adding a subdivision;
122A.23, subdivision 2; 122A.40, subdivisions 2, 5, 9, 10, 11, by adding a
subdivision; 122A.41, subdivisions 1, 2, 4, 6, 14; 122A.413, as amended;
122A.414, as amended; 122A.60, as amended; 122A.61, subdivision 1; 123B.09,
subdivision 8; 127A.05, by adding a subdivision; Minnesota Statutes 2009
Supplement, sections 120B.02; 122A.09, subdivision 4; 122A.40, subdivisions 6,
8; 122A.41, subdivisions 3, 5; 123B.143, subdivision 1; 124D.10, subdivision 4;
proposing coding for new law in Minnesota Statutes, chapter 122A; repealing
Minnesota Statutes 2008, section 122A.24.

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

Section 1.

Minnesota Statutes 2009 Supplement, section 120B.02, is amended to read:

120B.02 EDUCATIONAL EXPECTATIONS FOR MINNESOTA'S
STUDENTS.

(a) The legislature is committed to establishing rigorous academic standards for
Minnesota's public school students. To that end, the commissioner shall adopt in rule
statewide academic standards. The commissioner shall not prescribe in rule or otherwise
the delivery system, classroom assessments, or form of instruction that school sites must
use. For purposes of this chapter, a school site is a separate facility, or a separate program
within a facility that a local school board recognizes as a school site for funding purposes.

(b) All commissioner actions regarding the rule must be premised on the following:

(1) the rule is intended to raise academic expectations for students, teachers, and
schools;

(2) any state action regarding the rule must evidence consideration of school district
autonomy; and

(3) the Department of Education, with the assistance of school districts, must make
available information about all state initiatives related to the rule to students and parents,
teachers, and the general public in a timely format that is appropriate, comprehensive, and
readily understandable.

(c) When fully implemented, the requirements for high school graduation in
Minnesota must require students to satisfactorily complete, as determined by the school
district, the course credit requirements under section 120B.024, all state academic
standards or local academic standards where state standards do not apply, and successfully
pass graduation examinations as required under section 120B.30.

(d) The commissioner shall periodically review and report on the state's assessment
process.

(e) School districts are not required to adopt specific provisions of the federal
School-to-Work programs.

new text begin (f) The commissioner of education and the chairs of the house of representatives
and senate committees having jurisdiction over kindergarten through grade 12 education
shall have the authority to provisionally approve for adoption the kindergarten through
grade 12 standards developed by the common core state standards initiative supplemented
with up to 15 percent additional standards recommended by the commissioner. Following
such provisional approval for adoption, the supplemented kindergarten through grade 12
common core standards shall be adopted by rule in accordance with this section and
sections 120B.021 and 120B.023 on or before December 31, 2010, using an expedited
process in accordance with section 14.389.
new text end

Sec. 2.

Minnesota Statutes 2009 Supplement, section 122A.09, subdivision 4, is
amended to read:

Subd. 4.

License and rules.

(a) The board must adopt rules to license public school
teachers and interns subject to chapter 14.

(b) The board must adopt rules requiring a person to deleted text begin successfully complete deleted text end new text begin pass new text end a
skills examination in reading, writing, and mathematics as a requirement for deleted text begin initial teacher
licensure deleted text end new text begin entrance into a board-approved teacher preparation program new text end . Such rules must
require college and universities offering a board-approved teacher preparation program to
deleted text begin provide deleted text end new text begin offer new text end remedial assistance to persons who did not achieve a qualifying score on
the skills examination, including those for whom English is a second language. new text begin Persons
needing remedial assistance must be successfully remediated prior to entrance into a
board-approved teacher preparation program.
new text end

(c) The board must adopt rules to approve teacher preparation programs. The board,
upon the request of a postsecondary student preparing for teacher licensure or a licensed
graduate of a teacher preparation program, shall assist in resolving a dispute between the
person and a postsecondary institution providing a teacher preparation program when the
dispute involves an institution's recommendation for licensure affecting the person or the
person's credentials. At the board's discretion, assistance may include the application
of chapter 14.

(d) The board must provide the leadership and shall adopt rules for the redesign of
teacher education programs to implement a research based, results-oriented curriculum
that focuses on the skills teachers need in order to be effective. The board shall implement
new systems of teacher preparation program evaluation to assure program effectiveness
based on proficiency of graduates in demonstrating attainment of program outcomes.

(e) The board must adopt rules requiring candidates for initial licenses to
deleted text begin successfully complete deleted text end new text begin pass new text end an examination of general pedagogical knowledge and
examinations of licensure-specific teaching skills. The rules shall be effective by
September 1, 2001. The rules under this paragraph also must require candidates for initial
licenses to teach prekindergarten or elementary students to deleted text begin successfully complete deleted text end new text begin pass new text end ,
as part of the examination of licensure-specific teaching skills, test items assessing the
candidates' knowledge, skill, and ability in comprehensive, scientifically based reading
instruction under section 122A.06, subdivision 4, and their knowledge and understanding
of the foundations of reading development, the development of reading comprehension,
and reading assessment and instruction, and their ability to integrate that knowledge
and understanding. new text begin The rules under this paragraph also must require general education
candidates for initial licenses to teach prekindergarten or elementary students to pass,
as part of the examination of licensure-specific teaching skills, test items assessing the
candidates' knowledge, skill, and ability in mathematics.
new text end

(f) The board must adopt rules requiring teacher educators to work directly with
elementary or secondary school teachers in elementary or secondary schools to obtain
periodic exposure to the elementary or secondary teaching environment.

(g) The board must grant licenses to interns and to candidates for initial licenses.

(h) The board must design and implement an assessment system which requires a
candidate for an initial license and first continuing license to demonstrate the abilities
necessary to perform selected, representative teaching tasks at appropriate levels.

(i) The board must receive recommendations from local committees as established
by the board for the renewal of teaching licenses.

(j) The board must grant life licenses to those who qualify according to requirements
established by the board, and suspend or revoke licenses pursuant to sections 122A.20 and
214.10. The board must not establish any expiration date for application for life licenses.

(k) The board must adopt rules that require all licensed teachers who are renewing
their continuing license to include in their renewal requirements further preparation in
the areas of using positive behavior interventions and in accommodating, modifying, and
adapting curricula, materials, and strategies to appropriately meet the needs of individual
students and ensure adequate progress toward the state's graduation rule.

(l) In adopting rules to license public school teachers who provide health-related
services for disabled children, the board shall adopt rules consistent with license or
registration requirements of the commissioner of health and the health-related boards who
license personnel who perform similar services outside of the school.

(m) The board must adopt rules that require all licensed teachers who are renewing
their continuing license to include in their renewal requirements further reading
preparation, consistent with section 122A.06, subdivision 4. The rules do not take effect
until they are approved by law. Teachers who do not provide direct instruction including, at
least, counselors, school psychologists, school nurses, school social workers, audiovisual
directors and coordinators, and recreation personnel are exempt from this section.

(n) The board must adopt rules that require all licensed teachers who are renewing
their continuing license to include in their renewal requirements further preparation
in understanding the key warning signs of early-onset mental illness in children and
adolescents.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2011.
new text end

Sec. 3.

Minnesota Statutes 2008, section 122A.14, is amended by adding a subdivision
to read:

new text begin Subd. 10. new text end

new text begin Rules incorporating national standards. new text end

new text begin The Board of School
Administrators must engage in rulemaking to incorporate national standards into the
licensing standards for principals. The rules must address national standards for effective
school leadership.
new text end

Sec. 4.

Minnesota Statutes 2008, section 122A.14, is amended by adding a subdivision
to read:

new text begin Subd. 11. new text end

new text begin Tiered licensure. new text end

new text begin (a) The Board of School Administrators shall establish
requirements for issuance of initial, standard, and master principal licenses. Requirements
for earning each differentiated license must be based, at a minimum, on principal
performance as measured by section 122A.411.
new text end

new text begin (b) "Initial principal license" means a license granted after successfully completing
the requirements for licensure as set forth by the Board of School Administrators. An
initial license must be issued prior to the issuance of a standard license and cannot be
issued for a duration of less than three years.
new text end

new text begin (c) "Standard principal license" means a license obtained after successfully being
employed for at least three years in the area of initial licensure, completing an induction
program, and achieving the minimum expectation for principal performance as measured
by section 122A.411.
new text end

new text begin (d) "Master principal license" means a license obtained after having met the
requirements for a standard license, meeting the definition of "highly effective" under
section 122A.411, and demonstrating instructional leadership at the local, state, or national
level according to the criteria established by the Board of School Administrators.
new text end

Sec. 5.

Minnesota Statutes 2008, section 122A.18, subdivision 1, is amended to read:

Subdivision 1.

Authority to license.

(a) The Board of Teaching must license
teachers, as defined in section 122A.15, subdivision 1, except for supervisory personnel,
as defined in section 122A.15, subdivision 2.

(b) The Board of School Administrators must license supervisory personnel as
defined in section 122A.15, subdivision 2, except for athletic coaches.

(c) Licenses under the jurisdiction of the Board of Teaching, the Board of School
Administrators, and the commissioner of education must be issued through the licensing
section of the department.

new text begin (d) The Board of Teaching and the Department of Education must enter into a data
sharing agreement to share educational data at the kindergarten through grade 12 level for
the limited purpose of program approval and improvement for teacher education programs.
The program approval process must include targeted redesign of teacher preparation
programs to address identified kindergarten through grade 12 student areas of concern.
The Board of Teaching must ensure that this information remains confidential and shall
only be used for this purpose. Any unauthorized disclosure shall be subject to a penalty.
new text end

new text begin (e) The Board of School Administrators and the Department of Education must enter
into a data sharing agreement to share educational data at the kindergarten through grade
12 level for the limited purpose of program approval and improvement for education
administration programs. The program approval process must include targeted redesign of
education administration preparation programs to address identified kindergarten through
grade 12 student areas of concern. The Board of School Administrators must ensure
that this information remains confidential and shall only be used for this purpose. Any
unauthorized disclosure shall be subject to a penalty.
new text end

Sec. 6.

Minnesota Statutes 2008, section 122A.18, subdivision 2, is amended to read:

Subd. 2.

Teacher and support personnel qualifications.

(a) The Board of
Teaching must issue licenses under its jurisdiction to persons the board finds to be
qualified and competent for their respective positions.

(b) The board must require a person to deleted text begin successfully complete deleted text end new text begin pass new text end an examination
of skills in reading, writing, and mathematics before being granted an initial teaching
license to provide direct instruction to pupils in prekindergarten, elementary, secondary, or
special education programs. The board must require colleges and universities offering
a board approved teacher preparation program to deleted text begin provide deleted text end new text begin offer new text end remedial assistance that
includes a formal diagnostic component to persons enrolled in their institution who did not
achieve a qualifying score on the skills examination, including those for whom English
is a second language. The colleges and universities must deleted text begin provide deleted text end new text begin offer new text end assistance in the
specific academic areas of deficiency in which the person did not achieve a qualifying
score. School districts must provide similar, appropriate, and timely remedial assistance
that includes a formal diagnostic component and mentoring to those persons employed by
the district who completed their teacher education program outside the state of Minnesota,
received a one-year license to teach in Minnesota and did not achieve a qualifying score
on the skills examination, including those persons for whom English is a second language.
The Board of Teaching shall report annually to the education committees of the legislature
on the total number of teacher candidates during the most recent school year taking the
skills examination, the number who achieve a qualifying score on the examination, the
number who do not achieve a qualifying score on the examination, the distribution of all
candidates' scores, the number of candidates who have taken the examination at least once
before, and the number of candidates who have taken the examination at least once before
and achieve a qualifying score.

deleted text begin (c) A person who has completed an approved teacher preparation program and
obtained a one-year license to teach, but has not successfully completed the skills
examination, may renew the one-year license for two additional one-year periods. Each
renewal of the one-year license is contingent upon the licensee:
deleted text end

deleted text begin (1) providing evidence of participating in an approved remedial assistance program
provided by a school district or postsecondary institution that includes a formal diagnostic
component in the specific areas in which the licensee did not obtain qualifying scores; and
deleted text end

deleted text begin (2) attempting to successfully complete the skills examination during the period
of each one-year license.
deleted text end

deleted text begin (d) deleted text end new text begin (c) new text end The Board of Teaching must grant continuing licenses only to those persons
who have met board criteria for granting a continuing license, which includes deleted text begin successfully
completing deleted text end new text begin passing new text end the skills examination in reading, writing, and mathematics.

deleted text begin (e) deleted text end new text begin (d) new text end All colleges and universities approved by the Board of Teaching to prepare
persons for teacher licensure must include in their teacher preparation programs a common
core of teaching knowledge and skills to be acquired by all persons recommended
for teacher licensure. This common core shall meet the standards developed by the
interstate new teacher assessment and support consortium in its 1992 "model standards for
beginning teacher licensing and development." Amendments to standards adopted under
this paragraph are covered by chapter 14. The Board of Teaching shall report annually
to the education committees of the legislature on the performance of teacher candidates
on common core assessments of knowledge and skills under this paragraph during the
most recent school year.

new text begin (e) All colleges and universities approved by the Board of Teaching to prepare
persons for teacher licensure must require completion of a course designed to teach online
pedagogy and completion of at least one content course delivered online by all persons
recommended for teacher licensure.
new text end

new text begin (f) The Board of Teaching must ensure the kindergarten through grade 12 teacher
licensing standards maintain a high level of alignment with the kindergarten through grade
12 student standards. The Board of Teaching must adopt a review cycle that mirrors the
kindergarten through grade 12 student standards review cycle under section 120B.023,
subdivision 2. The teacher standards must be reviewed and aligned with the kindergarten
through grade 12 student standards within one year of the final review and adoption of the
kindergarten through grade 12 student standards.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2011.
new text end

Sec. 7.

Minnesota Statutes 2008, section 122A.18, is amended by adding a subdivision
to read:

new text begin Subd. 10. new text end

new text begin Tiered licensure. new text end

new text begin (a) The Board of Teaching shall establish requirements
for issuance of initial licenses, standard licenses, and master teacher licenses.
Requirements for earning each differentiated license must be based at a minimum on
teacher performance as measured by section 122A.411.
new text end

new text begin (b) "Initial teacher license" means a license granted after successfully completing
the requirements for licensure as set forth by the Board of Teaching. An initial license
must be issued prior to the issuance of a standard license and cannot be issued for a
duration of less than three years.
new text end

new text begin (c) "Standard teacher license" means a license obtained after successfully being
employed for at least three years in the area of initial licensure, completing an induction
program and the probationary period requirements set forth in section 122A.40,
subdivision 5, or 122A.41, subdivision 2, achieving the minimum expectations for teacher
performance as measured by section 122A.411, and completing continuous improvement
including reflective practice under this section.
new text end

new text begin (d) "Master teacher license" means having met the requirements for a standard
license, meeting the definition of "highly effective" under section 122A.411, and either
be certified by the National Board for Professional Teaching Standards or demonstrate
instructional leadership at the local level according to Board of Teaching established
criteria. Licensed teachers who hold current certification from the National Board for
Professional Teaching Standards shall be granted a master teacher license.
new text end

Sec. 8.

Minnesota Statutes 2008, section 122A.23, subdivision 2, is amended to read:

Subd. 2.

Applicants licensed in other states.

(a) Subject to the requirements
of sections 122A.18, subdivision 8, and 123B.03, the Board of Teaching must issue
a teaching license or a temporary teaching license under paragraphs (b) to (e) to an
applicant who holds at least a baccalaureate degree from a regionally accredited college
or university and holds or held a similar out-of-state teaching license that requires the
applicant to successfully complete a teacher preparation program approved by the issuing
state, which includes field-specific teaching methods and student teaching or essentially
equivalent experience.

(b) The Board of Teaching must issue a teaching license to an applicant who:

(1) deleted text begin successfully completed deleted text end new text begin passed new text end all exams and new text begin successfully completed new text end human
relations preparation components required by the Board of Teaching; and

(2) holds or held an out-of-state teaching license to teach the same content field and
grade levels if the scope of the out-of-state license is no more than one grade level less
than a similar Minnesota license.

(c) The Board of Teaching, consistent with board rules, must issue up to three
one-year temporary teaching licenses to an applicant who holds or held an out-of-state
teaching license to teach the same content field and grade levels, where the scope of the
out-of-state license is no more than one grade level less than a similar Minnesota license,
but has not deleted text begin successfully completed deleted text end new text begin passed new text end all exams and new text begin successfully completed new text end human
relations preparation components required by the Board of Teaching.

(d) The Board of Teaching, consistent with board rules, must issue up to three
one-year temporary teaching licenses to an applicant who:

(1) deleted text begin successfully completed deleted text end new text begin passed new text end all exams and new text begin successfully completed new text end human
relations preparation components required by the Board of Teaching; and

(2) holds or held an out-of-state teaching license to teach the same content field
and grade levels, where the scope of the out-of-state license is no more than one grade
level less than a similar Minnesota license, but has not completed field-specific teaching
methods or student teaching or equivalent experience.

The applicant may complete field-specific teaching methods and student teaching
or equivalent experience by successfully participating in a one-year school district
mentorship program consistent with board-adopted standards of effective practice and
Minnesota graduation requirements.

(e) The Board of Teaching must issue a temporary teaching license for a term of
up to three years only in the content field or grade levels specified in the out-of-state
license to an applicant who:

(1) deleted text begin successfully completed deleted text end new text begin passed new text end all exams and new text begin successfully completed new text end human
relations preparation components required by the Board of Teaching; and

(2) holds or held an out-of-state teaching license where the out-of-state license is
more limited in the content field or grade levels than a similar Minnesota license.

(f) The Board of Teaching must not issue to an applicant more than three one-year
temporary teaching licenses under this subdivision.

(g) The Board of Teaching must not issue a license under this subdivision if the
applicant has not attained the additional degrees, credentials, or licenses required in a
particular licensure field.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2011.
new text end

Sec. 9.

new text begin [122A.245] ALTERNATIVE TEACHER PREPARATION PROGRAM
AND LIMITED-TERM TEACHER LICENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

new text begin (a) The Board of Teaching must approve qualified
teacher preparation programs under this section that are a means to acquire a two-year
limited-term license and to prepare for acquiring an initial license. Programs are
partnerships composed of school districts or charter schools and either:
new text end

new text begin (1) a college or university with an alternative teacher preparation program approved
by the Board of Teaching;
new text end

new text begin (2) a nonprofit corporation formed for an education-related purpose and subject to
chapter 317A with a teacher preparation program approved by the Board of Teaching; or
new text end

new text begin (3) a teacher preparation program within a district approved by the Board of
Teaching.
new text end

new text begin (b) Prior to participation in this program, a candidate must:
new text end

new text begin (1) have a bachelor's degree with a minimum 3.0 grade point average, or have a
bachelor's degree and meet other criteria approved by the Board of Teaching;
new text end

new text begin (2) pass the reading, writing, and mathematics skills examination under section
122A.18; and
new text end

new text begin (3) obtain qualifying scores on content area and pedagogy tests approved by the
Board of Teaching.
new text end

new text begin Subd. 2. new text end

new text begin Characteristics. new text end

new text begin An alternative teacher preparation program under this
section must include:
new text end

new text begin (1) a minimum 200-hour instructional phase that provides intensive preparation
before that person assumes classroom responsibilities;
new text end

new text begin (2) a research-based and results-oriented approach focused on best teaching practices
to increase student proficiency and growth measured against state academic standards;
new text end

new text begin (3) strategies to combine pedagogy and best teaching practices to better inform a
teacher's classroom instruction;
new text end

new text begin (4) assessment, supervision, and evaluation of the program participant to determine
the participant's specific needs throughout the program and to support the participant
in successfully completing the program;
new text end

new text begin (5) intensive, ongoing, and multiyear professional learning opportunities that
can accelerate an initial educator's professional growth and that include developing
dispositions and practices that support student learning, orientations to the workplace, a
network of peer support, seminars and workshops, and mentoring focused on standards of
professional practice and continual professional growth; and
new text end

new text begin (6) a requirement that program participants demonstrate to the local site team under
subdivision 5 that they are making satisfactory progress toward acquiring an initial license
from the Board of Teaching.
new text end

new text begin Subd. 3. new text end

new text begin Program approval. new text end

new text begin The Board of Teaching must approve alternative
teacher preparation programs under this section based on board-adopted criteria that reflect
best practices for alternative teacher preparation programs consistent with this section.
The board must permit licensure candidates to demonstrate licensure competencies in
school-based settings and through other nontraditional means.
new text end

new text begin Subd. 4. new text end

new text begin Employment conditions. new text end

new text begin Where applicable, teachers with a limited-term
license under this section are members of and subject to the terms of the local collective
bargaining agreement between the local representative of the teachers and the school
board.
new text end

new text begin Subd. 5. new text end

new text begin Approval for initial license. new text end

new text begin A local site team that may include teachers,
school administrators, postsecondary faculty, and nonprofit staff must evaluate the
performance of a teacher candidate using the Minnesota state standards of effective
practice for teachers established by rule and submit to the board an evaluation report
recommending whether or not to issue an initial license to a teacher candidate.
new text end

new text begin Subd. 6. new text end

new text begin Initial license. new text end

new text begin The Board of Teaching must issue an initial license to a
teacher candidate under this section who successfully performs throughout the program
and is recommended for licensure under subdivision 5.
new text end

new text begin Subd. 7. new text end

new text begin Qualified teacher. new text end

new text begin A person with a valid limited-term license under this
section is the teacher of record and a qualified teacher within the meaning of section
122A.16.
new text end

Sec. 10.

Minnesota Statutes 2008, section 122A.40, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Nonprovisional license deleted text end new text begin Licenses new text end defined.

For purposes of this section, new text begin
with respect to a teacher, new text end " deleted text begin nonprovisional deleted text end license" means an deleted text begin entrance, continuing, or life
license deleted text end new text begin initial, standard, or master teacher license as defined in section 122A.18 new text end . new text begin With
respect to a principal, "license" means an initial, standard, or master principal license as
defined in section 122A.14.
new text end

Sec. 11.

Minnesota Statutes 2008, section 122A.40, subdivision 5, is amended to read:

Subd. 5.

Probationary period.

(a) The first three consecutive years of a teacher's
first teaching experience in Minnesota in a single district is deemed to be a probationary
period of employment, and after completion thereof, the probationary period in each
district in which the teacher is thereafter employed shall be one year. The school board
must adopt a plan for written evaluation of teachers during the probationary period new text begin that
complies with section 122A.411 new text end . Evaluation must occur at least three times each year for a
teacher performing services on 120 or more school days, at least two times each year for a
teacher performing services on 60 to 119 school days, and at least one time each year for a
teacher performing services on fewer than 60 school days. Days devoted to parent-teacher
conferences, teachers' workshops, and other staff development opportunities and days on
which a teacher is absent from school must not be included in determining the number
of school days on which a teacher performs services. Except as otherwise provided in
paragraph (b), during the probationary period any annual contract with any teacher may
or may not be renewed as the school board shall see fit. However, the board must give
any such teacher whose contract it declines to renew for the following school year written
notice to that effect before July 1. If the teacher requests reasons for any nonrenewal
of a teaching contract, the board must give the teacher its reason in writing, including
a statement that appropriate supervision was furnished describing the nature and the
extent of such supervision furnished the teacher during the employment by the board,
within ten days after receiving such request. The school board may, after a hearing held
upon due notice, discharge a teacher during the probationary period for cause, effective
immediately, under section 122A.44.

(b) A board must discharge a probationary teacher, effective immediately, upon
receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's
license has been revoked due to a conviction for child abuse or sexual abuse.

(c) A probationary teacher whose first three years of consecutive employment are
interrupted for active military service and who promptly resumes teaching consistent with
federal reemployment timelines for uniformed service personnel under United States
Code, title 38, section 4312(e), is considered to have a consecutive teaching experience
for purposes of paragraph (a).

(d) A probationary teacher must complete at least 60 days of teaching service each
year during the probationary period. Days devoted to parent-teacher conferences, teachers'
workshops, and other staff development opportunities and days on which a teacher is
absent from school do not count as days of teaching service under this paragraph.

new text begin (e) The district's determination to issue a contract to a probationary teacher must be
based on the following factors:
new text end

new text begin (1) a portfolio of the teacher's professional growth plan based on standards of
professional practice, student learning, and successful teacher evaluations that comply
with section 122A.411, conducted at least three times per year;
new text end

new text begin (2) measures of student achievement, including at least 35 percent linked to student
achievement growth under section 120B.35 or another standardized student assessment
approved by the commissioner; and
new text end

new text begin (3) other locally selected criteria aligned to best instructional practices in teaching
and learning.
new text end

Sec. 12.

Minnesota Statutes 2009 Supplement, section 122A.40, subdivision 6, is
amended to read:

Subd. 6.

Mentoring for probationary teachers.

new text begin (a) new text end A school board and an
exclusive representative of the teachers in the district must develop a probationary
teacher peer review process through joint agreement. The process deleted text begin may deleted text end new text begin shall new text end include
having trained observers serve as mentors or coaches or having teachers participate in
professional learning communities.

new text begin (b) Districts shall provide support to teachers throughout their probationary period to
ensure new teachers are successfully building their portfolio to meet continuing tenure
requirements. The support to new teachers shall include:
new text end

new text begin (1) professional learning driven by standards of professional practice to improve
teaching and reflection on practice, including an orientation process introducing the new
teacher to the district, school, and teaching assignment;
new text end

new text begin (2) training to promote professional growth and differentiation based on teacher
and student needs;
new text end

new text begin (3) trained mentors provided with opportunities to meet with the new teacher
for coaching, collaboration, and reflection on practice; to assist in implementation of
professional growth plans; and to conduct formative assessments and observations to
measure new teachers' development and to be utilized in improvement of teaching; and
new text end

new text begin (4) development of the new teacher's professional growth plan based on standards of
professional practice, student learning, and teacher evaluations conducted at least three
times per year pursuant to the objective evaluation program described in subdivision 5,
paragraph (a).
new text end

Sec. 13.

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 Teacher continuing tenure system. new text end

new text begin (a) The teacher continuing tenure
system is established:
new text end

new text begin (1) to require teacher employment and continuation of that employment at least
every five years based on evidence of satisfactory academic achievement growth of
students aligned to the requirements under section 124D.411;
new text end

new text begin (2) to support teachers' professional growth and responsibility in improving the
academic achievement growth of students; and
new text end

new text begin (3) to encourage teachers to undertake challenging assignments.
new text end

new text begin (b) After the completion of the initial three-year probationary period, without
discharge, teachers who are thereupon reemployed shall continue in service and hold their
respective position during good behavior and efficient and competent service for periods
of five years. 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.
new text end

new text begin (c) At the end of every five years of a teacher's service, the school district must
either continue or terminate a teacher's service to the district. The district's continuing
tenure determination must be based on the following factors:
new text end

new text begin (1) a portfolio of the teacher's five-year professional growth plan based on standards
of professional practice, student learning, and successful teacher evaluations that comply
with section 122A.411, conducted at least three times per year;
new text end

new text begin (2) measures of student achievement, including at least 35 percent linked to student
achievement growth under section 120B.35 or another standardized student assessment
approved by the commissioner; and
new text end

new text begin (3) other locally selected criteria aligned to best instructional practices in teaching
and learning.
new text end

new text begin (d) The school board shall give teachers notice in writing before July 1 of renewal
or termination of employment.
new text end

new text begin (e) A teacher not recommended for continuing tenure by the district shall have the
right to request a hearing pursuant to this section.
new text end

Sec. 14.

Minnesota Statutes 2009 Supplement, section 122A.40, subdivision 8, is
amended to read:

Subd. 8.

Peer coaching for continuing contract teachers.

new text begin (a) new text end A school board and
an exclusive representative of the teachers in the district shall develop a peer review
process for continuing contract teachers through joint agreement. The process may
include having trained observers serve as peer coaches or having teachers participate in
professional learning communities.

new text begin (b) Districts shall provide support to teachers to ensure teachers' professional growth
through:
new text end

new text begin (1) professional learning driven by standards of professional practice to improve
teaching and reflection on practice;
new text end

new text begin (2) training to promote professional growth and differentiation based on teacher and
student needs; and
new text end

new text begin (3) a five-year professional growth plan focused on teachers' growth linked to
standards of professional practice, student learning, and successful teacher evaluations
that comply with section 122A.411, conducted at least three times per year.
new text end

Sec. 15.

Minnesota Statutes 2008, section 122A.40, subdivision 9, is amended to read:

Subd. 9.

Grounds for termination.

A continuing contract may be terminated,
effective at the close of the school year, upon any of the following grounds:

(a) Inefficiency;

(b) Neglect of duty, or persistent violation of school laws, rules, regulations, or
directives;

(c) Conduct unbecoming a teacher which materially impairs the teacher's educational
effectiveness;

(d) Other good and sufficient grounds rendering the teacher unfit to perform the
teacher's duties deleted text begin . deleted text end new text begin ; and
new text end

new text begin (e) The teacher is not recommended by the district for continuing tenure pursuant
to this section.
new text end

A contract must not be terminated upon one of the grounds specified in clause (a),
(b), (c), deleted text begin or deleted text end (d), new text begin or (e) new text end unless the teacher fails to correct the deficiency after being given
written notice of the specific items of complaint and reasonable time within which to
remedy them.

Sec. 16.

Minnesota Statutes 2008, section 122A.40, subdivision 10, is amended to read:

Subd. 10.

Negotiated unrequested leave of absence.

The school board and the
exclusive bargaining representative of the teachers may negotiate a plan providing for
unrequested leave of absence without pay or fringe benefits for as many teachers as may
be necessary because of discontinuance of position, lack of pupils, financial limitations, or
merger of classes caused by consolidation of districts. Failing to successfully negotiate
such a plan, the provisions of subdivision 11 shall apply. The negotiated plan must not
include provisions which would result in the exercise of seniority by a teacher holding
deleted text begin a provisional deleted text end new text begin an initial new text end license, other than a vocational education license, contrary to
the provisions of subdivision 11, clause (c), or the reinstatement of a teacher holding deleted text begin a
provisional deleted text end new text begin an initial new text end license, other than a vocational education license, contrary to the
provisions of subdivision 11, clause (e). The provisions of section 179A.16 do not apply
for the purposes of this subdivision.

Sec. 17.

Minnesota Statutes 2008, section 122A.40, subdivision 11, is amended to read:

Subd. 11.

Unrequested leave of absence.

The board may place on unrequested
leave of absence, without pay or fringe benefits, as many teachers as may be necessary
because of discontinuance of position, lack of pupils, financial limitations, or merger of
classes caused by consolidation of districts. The unrequested leave is effective at the close
of the school year. In placing teachers on unrequested leave, the board is governed by
the following provisions:

(a) The board may place probationary teachers on unrequested leave first in the
inverse order of their employment. A teacher who has acquired continuing contract rights
must not be placed on unrequested leave of absence while probationary teachers are
retained in positions for which the teacher who has acquired continuing contract rights is
licensed;

(b) Teachers who have acquired continuing contract rights shall be placed on
unrequested leave of absence in fields in which they are licensed in the inverse order
in which they were employed by the school district. In the case of equal seniority, the
order in which teachers who have acquired continuing contract rights shall be placed on
unrequested leave of absence in fields in which they are licensed is negotiable;

(c) Notwithstanding the provisions of clause (b), a teacher is not entitled to exercise
any seniority when that exercise results in that teacher being retained by the district in a
field for which the teacher holds only deleted text begin a provisional deleted text end new text begin an initial new text end license, as defined by the
board of teaching, unless that exercise of seniority results in the placement on unrequested
leave of absence of another teacher who also holds deleted text begin a provisional deleted text end new text begin an initial new text end license in the
same field. The provisions of this clause do not apply to vocational education licenses;

(d) Notwithstanding clauses (a), (b) and (c), if the placing of a probationary teacher
on unrequested leave before a teacher who has acquired continuing rights, the placing of a
teacher who has acquired continuing contract rights on unrequested leave before another
teacher who has acquired continuing contract rights but who has greater seniority, or the
restriction imposed by the provisions of clause (c) would place the district in violation of
its affirmative action program, the district may retain the probationary teacher, the teacher
with less seniority, or the deleted text begin provisionally deleted text end new text begin initial new text end licensed teacher;

(e) Teachers placed on unrequested leave of absence must be reinstated to the
positions from which they have been given leaves of absence or, if not available, to other
available positions in the school district in fields in which they are licensed. Reinstatement
must be in the inverse order of placement on leave of absence. A teacher must not be
reinstated to a position in a field in which the teacher holds only deleted text begin a provisional deleted text end new text begin an initial new text end
license, other than a vocational education license, while another teacher who holds a
deleted text begin nonprovisional deleted text end new text begin standard or master new text end license in the same field remains on unrequested leave.
The order of reinstatement of teachers who have equal seniority and who are placed on
unrequested leave in the same school year is negotiable;

(f) Appointment of a new teacher must not be made while there is available, on
unrequested leave, a teacher who is properly licensed to fill such vacancy, unless the
teacher fails to advise the school board within 30 days of the date of notification that a
position is available to that teacher who may return to employment and assume the duties
of the position to which appointed on a future date determined by the board;

(g) A teacher placed on unrequested leave of absence may engage in teaching or any
other occupation during the period of this leave;

(h) The unrequested leave of absence must not impair the continuing contract rights
of a teacher or result in a loss of credit for previous years of service;

(i) The unrequested leave of absence of a teacher who is placed on unrequested
leave of absence and who is not reinstated shall continue for a period of five years, after
which the right to reinstatement shall terminate. The teacher's right to reinstatement shall
also terminate if the teacher fails to file with the board by April 1 of any year a written
statement requesting reinstatement;

(j) The same provisions applicable to terminations of probationary or continuing
contracts in subdivisions 5 and 7 must apply to placement on unrequested leave of absence;

(k) Nothing in this subdivision shall be construed to impair the rights of teachers
placed on unrequested leave of absence to receive unemployment benefits if otherwise
eligible.

Sec. 18.

Minnesota Statutes 2008, section 122A.41, subdivision 1, is amended to read:

Subdivision 1.

Words, terms, and phrases.

Unless the language or context clearly
indicates that a different meaning is intended, the following words, terms, and phrases, for
the purposes of the following subdivisions in this section shall be defined as follows:

(a) Teachers. The term "teacher" includes every person regularly employed, as a
principal, or to give instruction in a classroom, or to superintend or supervise classroom
instruction, or as placement teacher and visiting teacher. Persons regularly employed as
counselors and school librarians shall be covered by these sections as teachers if licensed
as teachers or as school librarians.

(b) School board. The term "school board" includes a majority in membership
of any and all boards or official bodies having the care, management, or control over
public schools.

(c) Demote. The word "demote" means to reduce in rank or to transfer to a lower
branch of the service or to a position carrying a lower salary or compensation.

(d) deleted text begin Nonprovisional license deleted text end new text begin Licenses defined new text end . For purposes of this section, new text begin with
respect to a teacher, new text end " deleted text begin nonprovisional deleted text end license" deleted text begin shall mean an entrance, continuing, or life
license deleted text end new text begin means an initial, standard, or master teacher license as defined in section 122A.18.
With respect to a principal, "license" means an initial, standard, or master principal license
as defined in section 122A.14 new text end .

Sec. 19.

Minnesota Statutes 2008, section 122A.41, subdivision 2, is amended to read:

Subd. 2.

Probationary period; discharge or demotion.

(a) All teachers in
the public schools in cities of the first class during the first three years of consecutive
employment shall be deemed to be in a probationary period of employment during which
period any annual contract with any teacher may, or may not, be renewed as the school
board, after consulting with the peer review committee charged with evaluating the
probationary teachers under subdivision 3, shall see fit. The school site management team
or the school board if there is no school site management team, shall adopt a plan for a
written evaluation of teachers during the probationary period deleted text begin according to subdivision 3 deleted text end new text begin
that complies with section 122A.411 new text end . Evaluation by the peer review committee charged
with evaluating probationary teachers under subdivision 3 shall occur at least three
times each year for a teacher performing services on 120 or more school days, at least
two times each year for a teacher performing services on 60 to 119 school days, and
at least one time each year for a teacher performing services on fewer than 60 school
days. Days devoted to parent-teacher conferences, teachers' workshops, and other staff
development opportunities and days on which a teacher is absent from school shall not be
included in determining the number of school days on which a teacher performs services.
The school board may, during such probationary period, discharge or demote a teacher
for any of the causes as specified in this code. A written statement of the cause of such
discharge or demotion shall be given to the teacher by the school board at least 30 days
before such removal or demotion shall become effective, and the teacher so notified shall
have no right of appeal therefrom.

(b) A probationary teacher whose first three years of consecutive employment are
interrupted for active military service and who promptly resumes teaching consistent with
federal reemployment timelines for uniformed service personnel under United States
Code, title 38, section 4312(e), is considered to have a consecutive teaching experience
for purposes of paragraph (a).

(c) A probationary teacher must complete at least 60 days of teaching service each
year during the probationary period. Days devoted to parent-teacher conferences, teachers'
workshops, and other staff development opportunities and days on which a teacher is
absent from school do not count as days of teaching service under this paragraph.

new text begin (d) The district's determination to issue a contract to a probationary teacher must be
based on the following factors:
new text end

new text begin (1) a portfolio of the teacher's professional growth plan based on standards of
professional practice, student learning, and successful teacher evaluations that comply
with section 122A.411, conducted at least three times per year;
new text end

new text begin (2) measures of student achievement, including at least 35 percent linked to student
achievement growth under section 120B.35 or another standardized student assessment
approved by the commissioner; and
new text end

new text begin (3) other locally selected criteria aligned to best instructional practices in teaching
and learning.
new text end

new text begin (e) The school board shall give teachers notice in writing before July 1 of renewal
or termination of employment.
new text end

Sec. 20.

Minnesota Statutes 2009 Supplement, section 122A.41, subdivision 3, is
amended to read:

Subd. 3.

Mentoring for probationary teachers.

new text begin (a) new text end A board and an exclusive
representative of the teachers in the district must develop a probationary teacher peer
review process through joint agreement. The process may include having trained
observers serve as mentors or coaches or having teachers participate in professional
learning communities.

new text begin (b) Districts shall provide support to teachers throughout their probationary period to
ensure new teachers are successfully building their portfolio to meet continuing tenure
requirements. The support to new teachers shall include:
new text end

new text begin (1) professional learning driven by standards of professional practice to improve
teaching and reflection on practice, including an orientation process introducing the new
teacher to the district, school, and teaching assignment;
new text end

new text begin (2) training to promote professional growth and differentiation based on teacher
and student needs;
new text end

new text begin (3) trained mentors provided with opportunities to meet with the new teacher
for coaching, collaboration, and reflection on practice; to assist in implementation of
professional growth plans; and to conduct formative assessments and observations to
measure new teachers' development and to be utilized in improvement of teaching; and
new text end

new text begin (4) development of the new teacher's professional growth plan based on standards of
professional practice, student learning, and teacher evaluations, conducted at least three
times per year pursuant to the objective evaluation program described in subdivision 2,
paragraph (a).
new text end

Sec. 21.

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

Subd. 4.

deleted text begin Period of service after probationary period; discharge or demotion deleted text end new text begin
Teacher continuing tenure system new text end .

(a) new text begin The teacher continuing tenure system is
established:
new text end

new text begin (1) to require teacher employment and continuation of that employment at least
every five years based on evidence of satisfactory academic achievement growth of
students aligned to the requirements under section 124D.411;
new text end

new text begin (2) to support teachers' professional growth and responsibility in improving the
academic achievement growth of students; and
new text end

new text begin (3) to encourage teachers to undertake challenging assignments.
new text end

new text begin (b) new text end After the completion of deleted text begin such deleted text end new text begin the initial three-year new text end probationary period, without
discharge, deleted text begin such deleted text end teachers deleted text begin as deleted text end new text begin who new text end 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 new text begin for periods of five
years new text end . 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.

deleted text begin (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.
deleted text end

deleted text begin (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.
deleted text end

new text begin (c) At the end of every five years of a teacher's service, the school district must
either continue or terminate a teacher's service to the district. The district's continuing
tenure determination must be based on the following factors:
new text end

new text begin (1) a portfolio of the teacher's five-year professional growth plan based on standards
of professional practice, student learning, and successful teacher evaluations that comply
with section 122A.411, conducted at least three times per year;
new text end

new text begin (2) measures of student achievement, including at least 35 percent linked to student
achievement growth under section 120B.35 or another standardized student assessment
approved by the commissioner; and
new text end

new text begin (3) other locally selected criteria aligned to best instructional practices in teaching
and learning.
new text end

new text begin (d) The school board shall give teachers notice in writing before July 1 of renewal
or termination of employment.
new text end

new text begin (e) A teacher not recommended for continuing tenure by the district shall have the
right to request a hearing pursuant to this section.
new text end

Sec. 22.

Minnesota Statutes 2009 Supplement, section 122A.41, subdivision 5, is
amended to read:

Subd. 5.

Peer coaching for continuing contract teachers.

new text begin (a) new text end A school board
and an exclusive representative of the teachers in the district must develop a peer
review process for nonprobationary teachers through joint agreement. The process may
include having trained observers serve as peer coaches or having teachers participate in
professional learning communities.

new text begin (b) Districts shall provide support to teachers to ensure teachers' professional growth
through:
new text end

new text begin (1) professional learning driven by standards of professional practice to improve
teaching and reflection on practice;
new text end

new text begin (2) training to promote professional growth and differentiation based on teacher and
student needs; and
new text end

new text begin (3) a five-year professional growth plan focused on teachers' growth linked to
standards of professional practice, student learning, and successful teacher evaluations
that comply with section 122A.411, conducted at least three times per year.
new text end

Sec. 23.

Minnesota Statutes 2008, section 122A.41, subdivision 6, is amended to read:

Subd. 6.

Grounds for discharge or demotion.

(a) Except as otherwise provided
in paragraph (b), causes for the discharge or demotion of a teacher either during or after
the probationary period must be:

(1) Immoral character, conduct unbecoming a teacher, or insubordination;

(2) Failure without justifiable cause to teach without first securing the written release
of the school board having the care, management, or control of the school in which the
teacher is employed;

(3) Inefficiency in teaching or in the management of a school;

(4) Affliction with active tuberculosis or other communicable disease must be
considered as cause for removal or suspension while the teacher is suffering from such
disability; deleted text begin or
deleted text end

(5) Discontinuance of position or lack of pupils deleted text begin . deleted text end new text begin ; or
new text end

new text begin (6) The teacher is not recommended by the district for continuing tenure pursuant
to this section.
new text end

For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
discriminatory practice described in section 363A.13. new text begin A contract must not be terminated
upon the grounds specified in clause (6) unless the teacher fails to correct the deficiency
after being given written notice of the specific items of complaint and reasonable time
within which to remedy them.
new text end

(b) A probationary or continuing-contract teacher must be discharged immediately
upon receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the
teacher's license has been revoked due to a conviction for child abuse or sexual abuse.

Sec. 24.

Minnesota Statutes 2008, section 122A.41, subdivision 14, is amended to read:

Subd. 14.

Services terminated by discontinuance or lack of pupils; preference
given.

(a) A teacher whose services are terminated on account of discontinuance of
position or lack of pupils must receive first consideration for other positions in the district
for which that teacher is qualified. In the event it becomes necessary to discontinue one
or more positions, in making such discontinuance, teachers must be discontinued in any
department in the inverse order in which they were employed, unless a board and the
exclusive representative of teachers in the district negotiate a plan providing otherwise.

(b) Notwithstanding the provisions of clause (a), a teacher is not entitled to exercise
any seniority when that exercise results in that teacher being retained by the district in a
field for which the teacher holds only deleted text begin a provisional deleted text end new text begin an initial new text end license, as defined by the
Board of Teaching, unless that exercise of seniority results in the termination of services,
on account of discontinuance of position or lack of pupils, of another teacher who also
holds deleted text begin a provisional deleted text end new text begin an initial new text end license in the same field. The provisions of this clause do
not apply to vocational education licenses.

(c) Notwithstanding the provisions of clause (a), a teacher must not be reinstated to a
position in a field in which the teacher holds only deleted text begin a provisional deleted text end new text begin an initial new text end license, other
than a vocational education license, while another teacher who holds a deleted text begin nonprovisional deleted text end new text begin
standard or master new text end license in the same field is available for reinstatement.

Sec. 25.

new text begin [122A.411] STATEWIDE TEACHER AND PRINCIPAL EVALUATION.
new text end

new text begin Subdivision 1. new text end

new text begin Minnesota annual teacher appraisal system. new text end

new text begin (a) The commissioner
of education, in conjunction with the Minnesota annual teacher appraisal system task force,
shall develop an annual review and appraisal process for probationary and continuing
contract teachers holding any and all teaching licenses, including initial, standard, and
master teaching licenses. The annual review and appraisal process is required of all
teachers employed by school districts and charter schools. The annual review and appraisal
process must be aligned to the best instructional practices in teaching and learning.
new text end

new text begin (b) The annual review and appraisal process must include, at a minimum:
new text end

new text begin (1) a written individual teacher appraisal aligned with the educational improvement
plan under section 122A.413 and the staff development plan under section 122A.60;
new text end

new text begin (2) objective evaluations using multiple criteria conducted by a locally selected and
periodically trained evaluation team that understands teaching and learning;
new text end

new text begin (3) measures of student achievement, including at least 35 percent linked to student
achievement growth under section 120B.35 or another standardized student assessment
approved by the commissioner; and
new text end

new text begin (4) other locally selected criteria aligned to best instructional practices in teaching
and learning.
new text end

new text begin (c) The commissioner of education, in conjunction with the Minnesota annual
teacher appraisal system task force, shall apply ratings to teachers annually, based on at
least the following minimum scale:
new text end

new text begin (1) a teacher is considered "highly effective" if the teacher's portfolio shows
evidence that the teacher's students, on average, experienced more than one year of growth
on the statewide student academic achievement measures defined in section 120B.35 or
another standardized student assessment approved by the commissioner and the teacher
received a performance rating of "5" on the Minnesota annual teacher appraisal system
evaluation rubric;
new text end

new text begin (2) a teacher is considered "effective" if the teacher's portfolio shows evidence
that the teacher's students, on average, experienced at least one year of growth on the
statewide student academic achievement measures defined in section 120B.35 or another
standardized student assessment approved by the commissioner and the teacher received
a performance rating of "3" or better on the Minnesota annual teacher appraisal system
evaluation rubric;
new text end

new text begin (3) a teacher is considered in "needs improvement" if the teacher's portfolio shows
evidence that the teacher's students, on average, experienced less than one year of growth
on the statewide student academic achievement measures defined in section 120B.35 or
another standardized assessment approved by the commissioner or the teacher received
a performance rating of "2" or worse on the Minnesota annual teacher appraisal system
evaluation rubric; and
new text end

new text begin (4) a teacher is considered "ineffective" if the teacher's portfolio shows evidence
that the teacher's students, on average, experienced low growth on the statewide student
academic achievement measures defined in section 120B.35 or another standardized
student assessment approved by the commissioner and the teacher received a performance
rating of "1" on the Minnesota annual teacher appraisal system rubric.
new text end

new text begin (d) The commissioner of education, in conjunction with the Minnesota annual
teacher appraisal system task force, shall develop, through joint agreement, a peer review
and assistance system to provide support for the full spectrum of teaching, including
support for teachers deemed both highly effective and ineffective, through the evaluation
process under this section. Teachers receiving an "ineffective" rating as defined in
paragraph (c) shall be referred to peer assistance and review.
new text end

new text begin (e) The commissioner of education shall convene a task force of educators and
stakeholders to develop a performance evaluation rubric based on standards of professional
practice. The Minnesota annual teacher appraisal system evaluation rubric shall have
five performance ratings. The task force shall submit a report to the commissioner of
education and to the chairs and ranking minority members of the legislative committees
and divisions with jurisdiction over kindergarten through grade 12 education policy and
finance summarizing aggregated teacher appraisal data by state, district, school, subject,
and level wherever there are sufficient individuals within a cohort to prevent violation
of federal privacy law. The task force shall submit the report to the commissioner and
legislative committees and divisions with jurisdiction over kindergarten through grade 12
education policy and finance no later than December 15, 2010.
new text end

new text begin Subd. 2. new text end

new text begin Minnesota annual principal appraisal system. new text end

new text begin (a) The commissioner
of education, in conjunction with the Minnesota annual principal appraisal system
task force, shall develop an annual review and appraisal process for probationary and
continuing contract principals holding any and all principal licenses. The annual review
and appraisal process must be aligned to the best instructional practices in school and
instructional leadership.
new text end

new text begin (b) The annual review and appraisal process must include, at a minimum:
new text end

new text begin (1) a written individual principal appraisal aligned with the educational improvement
plan under section 122A.413 and the staff development plan under section 122A.60;
new text end

new text begin (2) objective evaluations using multiple criteria conducted by a locally selected and
periodically trained evaluation team that understands school and instructional leadership;
new text end

new text begin (3) evidence that, for reading and mathematics separately, the three-year average
percentage of the principal's school's students making medium and high growth is equal to
or greater than the percentage of students in the state making medium and high growth as
defined in section 120B.299; and
new text end

new text begin (4) other locally selected criteria aligned to best instructional practices in
instructional leadership, teaching, and learning.
new text end

new text begin (c) The commissioner of education, in conjunction with the Minnesota annual
principal appraisal system task force, shall apply ratings to principals annually, based
on at least the following minimum scale:
new text end

new text begin (1) a principal is considered "highly effective" if the principal's portfolio shows
evidence that the school that the principal is leading is making at least one year of growth
on the statewide student academic achievement measures defined in section 120B.35 or
another standardized student assessment approved by the commissioner and the principal
received a performance rating of "5" on the Minnesota annual principal appraisal system
evaluation rubric;
new text end

new text begin (2) a principal is considered "effective" if the principal's portfolio shows evidence
that the school that the principal is leading is making at least one year of growth at
the rate of the state average, on the statewide student academic achievement measures
defined in section 120B.35 or another standardized student assessment approved by the
commissioner and the principal received a performance rating of "3" or better on the
Minnesota annual principal appraisal system evaluation rubric;
new text end

new text begin (3) a principal is considered in "needs improvement" if the principal's portfolio
shows evidence that the school that the principal is leading is making growth that is less
than the state average on the statewide student academic achievement measures defined
in section 120B.35 or another standardized assessment approved by the commissioner
or the principal received a performance rating of "2" or worse on the Minnesota annual
principal appraisal system evaluation rubric; and
new text end

new text begin (4) a principal is considered "ineffective" if the principal's portfolio shows evidence
of no growth on the statewide student academic achievement measures defined in section
120B.35 or another standardized student assessment approved by the commissioner and
the principal received a performance rating of "1" on the Minnesota annual principal
appraisal system rubric.
new text end

new text begin A principal cannot be rated as effective or better unless the principal has
demonstrated satisfactory levels of student growth for the school that the principal leads.
new text end

new text begin (d) Principals receiving an "ineffective" rating as defined in paragraph (c) shall be
referred to the Minnesota principals academy for remediation.
new text end

new text begin (e) The commissioner of education shall convene a task force of administrators
and stakeholders to develop an evaluation rubric based on standards of professional
practice. The Minnesota annual principal appraisal system evaluation rubric shall have
five performance ratings. The task force shall submit a report to the commissioner of
education and to the chairs and ranking minority members of the legislative committees
and divisions with jurisdiction over kindergarten through grade 12 education policy and
finance summarizing aggregated principal appraisal data by state, district, school, subject,
and level wherever there are sufficient individuals within a cohort to prevent violation
of federal privacy law. The task force shall submit the report to the commissioner and
legislative committees and divisions with jurisdiction over kindergarten through grade 12
education policy and finance no later than December 15, 2010.
new text end

Sec. 26.

Minnesota Statutes 2008, section 122A.413, as amended by Laws 2009,
chapter 96, article 2, section 25, is amended to read:

122A.413 EDUCATIONAL IMPROVEMENT PLAN.

Subdivision 1.

Qualifying plan.

A district or intermediate school district may
develop an educational improvement plan for the purpose of qualifying for the alternative
teacher new text begin and principal new text end professional pay system under section 122A.414. The plan must
include measures for improving school district, intermediate school district, school site,
teacher, new text begin principal, new text end and individual student performance.

Subd. 2.

Plan components.

The educational improvement plan must be approved
by the school board and have at least these elements:

(1) assessment and evaluation tools to measure student performance and progress;

(2) performance goals and benchmarks for improvement;

(3) measures of student attendance and completion rates;

(4) a rigorous research and practice-based professional development system, based
on national and state standards of effective teaching new text begin and principal new text end practice and consistent
with section 122A.60, that is aligned with educational improvement and designed to
achieve ongoing and schoolwide progress and growth in teaching new text begin and principal new text end practice;

(5) measures of student, family, and community involvement and satisfaction;

(6) a data system about students and their academic progress that provides parents
and the public with understandable information;

(7) deleted text begin a teacher deleted text end new text begin an new text end induction and mentoring program for probationary teachers new text begin and
principals new text end that provides continuous learning and sustained teacher new text begin or principal new text end support; and

(8) substantial participation by the exclusive representative of the teachers new text begin and
principals new text end in developing the plan.

Subd. 3.

School site accountability.

A district or intermediate school district that
develops a plan under subdivisions 1 and 2 must ensure that each school site develops a
board-approved educational improvement plan that is aligned with the district educational
improvement plan under subdivision 2 and developed with the exclusive representative
of the teachers new text begin and principals new text end . While a site plan must be consistent with the district
educational improvement plan, it may establish performance goals and benchmarks that
meet or exceed those of the district.

Sec. 27.

Minnesota Statutes 2008, section 122A.414, as amended by Laws 2009,
chapter 96, article 2, section 26, is amended to read:

122A.414 ALTERNATIVE TEACHER PAY.

Subdivision 1.

Restructured pay system.

A restructured alternative teacher new text begin and
principal new text end professional pay system is established under subdivision 2 to provide incentives
to encourage teachers new text begin and principals new text end to improve their knowledge and instructional skills in
order to improve student learning and for school districts, intermediate school districts,
and charter schools to recruit and retain highly qualified teachers new text begin and principals new text end , encourage
highly qualified teachers new text begin and principals new text end to undertake challenging assignments, and support
teachers' new text begin and principals' new text end roles in improving students' educational achievement.

Subd. 1a.

Transitional planning year.

(a) To be eligible to participate in an
alternative teacher new text begin and principal new text end 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, must:

(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 new text begin and principals
new text end to complete a plan preparing for full implementation, consistent with subdivision 2,
that may include, among other activities, training to evaluate teacher new text begin and principal
new text end 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 new text begin , principal, new text end and staff training on using multiple data sources; and

(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 new text begin and
principal new text end professional pay system agreement under this section.

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

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

(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

(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 new text begin and
principal new text end professional pay system.

(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.

Subd. 2.

Alternative teacher new text begin and principal new text end professional pay system.

(a) To
participate in this program, a school district, intermediate school district, school site, or
charter school must have an educational improvement plan under section 122A.413 and an
alternative teacher new text begin and principal new text end professional pay system agreement under paragraph (b).
A charter school participant also must comply with subdivision 2a.

(b) The alternative teacher new text begin and principal new text end professional pay system agreement must:

(1) describe how teachers can achieve career advancement and new text begin how teachers and
principals can achieve new text end additional compensation;

(2) describe how the school district, intermediate school district, school site, 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 schedule, prevent any teacher's compensation
paid before implementing the pay system from being reduced as a result of participating
in this system, and base at least 60 percent of any compensation increase on teacher
performance using:

(i) schoolwide student achievement gains under section 120B.35 or locally selected
standardized assessment outcomes, or both;

(ii) measures of student achievement new text begin , including at least 35 percent linked to student
achievement growth under section 120B.35 or another standardized student assessment
approved by the commissioner new text end ; and

(iii) an objective evaluation program new text begin aligned with section 122A.411 new text end that includes:

(A) individual teacher evaluations aligned with the educational improvement plan
under section 122A.413 and the staff development plan under section 122A.60; and

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

new text begin (4) prevent any principal's compensation paid before implementing the pay system
from being reduced as a result of participating in this system, and base at least 60 percent
of any compensation increase on performance using:
new text end

new text begin (i) schoolwide student achievement gains under section 120B.35 or locally selected
standardized assessment outcomes, or both;
new text end

new text begin (ii) measures of student achievement; and
new text end

new text begin (iii) an objective evaluation program aligned with section 122A.411 that includes:
new text end

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

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

new text begin (C) a peer review and assistance system to provide support for the full spectrum
of teaching, including support for teachers and principals deemed both effective and
ineffective, through the evaluation process under section 122A.411;
new text end

deleted text begin (4) deleted text end new text begin (5) new text end provide integrated ongoing site-based professional development activities to
improve instructional skills and learning that are aligned with student needs under section
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 (6) new text end allow any teacher in a participating school district, intermediate school
district, school site, 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 (7) new text end encourage collaboration rather than competition among teachers new text begin and
principals new text end .

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 new text begin and principal new text end professional pay
system under this section;

(2) a resolution by the charter school board of directors adopting the agreement; and

(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
new text begin and principal new text end professional pay system, unless the charter school submits an alternative
teacher new text begin and principal new text end professional pay system agreement under this section before the first
year of operation.

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

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
interested school districts, intermediate school districts, school sites, and charter schools
a standard form for applying to participate in the alternative teacher new text begin and principal
new text end professional pay system. The commissioner annually must establish three dates as
deadlines by which interested applicants must submit an application to the commissioner
under this section. An interested school district, intermediate school district, school site,
or charter school must submit to the commissioner a completed application executed by
the district superintendent and the exclusive bargaining representative of the teachers new text begin and
principals new text end if the applicant is a school district, intermediate school district, or school site,
or executed by the charter school board of directors if the applicant is a charter school.
The application must include the proposed alternative teacher new text begin and principal new text end professional
pay system agreement under subdivision 2. The department must review a completed
application within 30 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
new text begin and principal new text end professional pay system agreement must be legally binding on the applicant
and the collective bargaining deleted text begin representative deleted text end new text begin representatives new text end 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 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.

Subd. 3.

Report; continued funding.

(a) Participating districts, intermediate
school districts, school sites, and charter schools must report on the implementation and
effectiveness of the alternative teacher new text begin and principal new text end professional pay system, particularly
addressing each requirement under subdivision 2 and make annual recommendations by
June 15 to their school boards. The school board or board of directors shall transmit a
copy of the report with a summary of the findings and recommendations of the district,
intermediate school district, school site, or charter school to the commissioner.

(b) If the commissioner determines that a school district, intermediate school district,
school site, or charter school that receives alternative teacher new text begin and principal new text end compensation
revenue is not complying with the requirements of this section, the commissioner
may withhold funding from that participant. Before making the determination, the
commissioner must notify the participant of any deficiencies and provide the participant
an opportunity to comply.

Subd. 4.

Planning and staff development.

A school district that qualifies to
participate in the alternative teacher new text begin and principal new text end professional pay system transitional
planning year under subdivision 1a may use up to two percent of basic revenue that would
otherwise be reserved under section 122A.61 for complying with the planning and staff
development activities under this section.

Sec. 28.

Minnesota Statutes 2008, section 122A.60, as amended by Laws 2009, chapter
96, article 2, section 28, is amended to read:

122A.60 STAFF DEVELOPMENT PROGRAM.

Subdivision 1.

Staff development committee.

A school board must use the revenue
authorized in section 122A.61 for deleted text begin in-service deleted text end education deleted text begin for deleted text end programs under section
120B.22, subdivision 2, or for staff development new text begin and teacher and principal training new text end plans
under this section. The board must establish an advisory staff development committee
to develop the plan, assist site professional development teams in developing a site plan
consistent with the goals of the plan, and evaluate staff development efforts at the site
level. A majority of the advisory committee and the site professional development team
must be teachers new text begin and principals new text end representing various grade levels, subject areas, and
special education. The advisory committee must also include nonteaching staff, parents,
and administrators.

Subd. 1a.

Effective staff development activities.

(a) Staff development activities
must new text begin be aligned with the district and school site staff development plans, based on student
achievement data, focused on student learning goals, and used in the classroom setting.
Activities must new text end :

(1) focus on the school classroom and deleted text begin research-based deleted text end new text begin scientifically based research new text end
strategies that improve student learning;

(2) provide opportunities for teachers to practice and improve their instructional
skills over time new text begin and receive instruction-based observations using objective standards-based
assessments to assist in the professional growth process new text end ;

(3) provide new text begin regular and ongoing new text end opportunities for teachers new text begin and principals new text end to use
student data as part of their daily work to increase student achievement;

(4) enhance teacher new text begin and principal new text end content knowledge and instructional skills;

(5) align with state and local academic standards;

(6) provide new text begin job-embedded, integrated professional development new text end opportunities new text begin during
teacher and principal contract day new text end to build professional relationships, foster collaboration
among principals and staff deleted text begin who provide instruction deleted text end new text begin to identify instructional strategies to
meet student learning goals, plan for instruction, practice new teaching strategies, review
the results of implementing strategies new text end , and provide opportunities for teacher-to-teacher
new text begin and principal-to-principal coaching and new text end mentoring; and

(7) align with the plan of the district or site for deleted text begin an alternative teacher professional
pay system deleted text end new text begin those participating in an alternative teacher and principal professional pay
system under section 122A.414 new text end .

Staff development activities may new text begin also new text end include curriculum development and curriculum
training programs, and activities that provide teachers new text begin and principals new text end and other members
of site-based teams training to enhance team performance. The school district also may
implement other staff development activities required by law and activities associated with
professional teacher new text begin and principal new text end compensation models.

(b) Release time provided for teachers to supervise students on field trips and school
activities, or independent tasks not associated with enhancing the teacher's knowledge
and instructional skills, such as preparing report cards, calculating grades, or organizing
classroom materials, may not be counted as staff development time that is financed with
staff development reserved revenue under section 122A.61.

Subd. 2.

Contents of plan.

The plan must new text begin be based on student achievement and
new text end include new text begin student learning goals, new text end the staff development outcomes under subdivision 3, the
means to achieve the outcomes, and procedures for evaluating progress at each school
site toward meeting education outcomes, consistent with relicensure requirements under
section 122A.18, subdivision 2, paragraph (b). The plan also must:

(1) support stable and productive professional communities achieved through
ongoing and schoolwide progress and growth in teaching practice;

(2) emphasize coaching, professional learning communities, classroom action
research, and other job-embedded models;

(3) maintain a strong subject matter focus premised on students' learning goals;

(4) ensure specialized preparation and learning about issues related to teaching
students with special needs and limited English proficiency; and

(5) reinforce national and state standards of effective teaching practice.

Subd. 3.

Staff development outcomes.

The advisory staff development committee
must adopt a staff development plan for new text begin increasing teacher and principal effectiveness and
new text end improving student achievement. The plan must be consistent with education outcomes that
the school board determines. The plan must include ongoing staff development activities
that contribute toward continuous improvement in achievement of the following goals:

(1) improve student achievement of state and local education standards in all areas
of the curriculum by using best practices methods new text begin and scientifically based research new text end ;

(2) effectively meet the needs of a diverse student population, including at-risk
children, children with disabilities, and gifted children, within the regular classroom
and other settings;

(3) provide an inclusive curriculum for a racially, ethnically, and culturally diverse
student population that is consistent with the state education diversity rule and the district's
education diversity plan;

(4) improve staff collaboration and develop mentoring and peer coaching programs
for teachers deleted text begin new to the school or district deleted text end new text begin and principals in their first five years new text end ;

(5) effectively teach and model violence prevention policy and curriculum that
address early intervention alternatives, issues of harassment, and teach nonviolent
alternatives for conflict resolution; and

(6) provide teachers and other members of site-based management teams with
appropriate management and financial management skills.

Subd. 4.

Staff development report.

(a) By October deleted text begin 15 deleted text end new text begin 1 new text end of each year, the district
and site staff development committees shall write and submit a report of staff development
activities and expenditures for the previous year, in the form and manner determined by
the commissioner. The report, signed by the district superintendent and staff development
chair, must include assessment and evaluation data indicating progress toward district and
site staff development goals based on teaching and learning outcomes, including the
percentage of teachers and other staff involved in instruction who participate in effective
staff development activities under subdivision 3.

(b) The report must break down expenditures for:

(1) curriculum development and curriculum training programs; and

(2) staff development training models, workshops, and conferences, and the cost of
releasing teachers or providing substitute teachers for staff development purposes.

The report also must indicate whether the expenditures were incurred at the district
level or the school site level, and whether the school site expenditures were made possible
by grants to school sites that demonstrate exemplary use of allocated staff development
revenue. These expenditures must be reported using the uniform financial and accounting
and reporting standards.

(c) The commissioner shall report the staff development progress and expenditure
data to the house of representatives and senate committees having jurisdiction over
education by February 15 each year.

Sec. 29.

Minnesota Statutes 2008, section 122A.61, subdivision 1, is amended to read:

Subdivision 1.

Staff development revenue.

A district is required to reserve
an amount equal to at least two percent of the basic revenue under section 126C.10,
subdivision 2, for deleted text begin in-service deleted text end education deleted text begin for deleted text end programs under section 120B.22, subdivision 2,
deleted text begin for deleted text end new text begin with the primary purpose of creating and implementing district and school site new text end staff
development plans deleted text begin , including deleted text end new text begin . Funds may also be used to support new text end plans for challenging
instructional activities and experiences under section 122A.60, deleted text begin and for curriculum
development and programs, other in-service education, teachers' workshops, teacher
conferences, the cost of substitute teachers staff development purposes, deleted text end preservice and
in-service education for special education professionals and paraprofessionals, and other
related costs for staff development efforts. A district may annually waive the requirement
to reserve their basic revenue under this section if a majority vote of the licensed teachers
in the district and a majority vote of the school board agree to a resolution to waive the
requirement. A district in statutory operating debt is exempt from reserving basic revenue
according to this section. Districts may expend an additional amount of unreserved
revenue for staff development based on their needs. With the exception of amounts
reserved for staff development from revenues allocated directly to school sites, the board
must initially allocate 50 percent of the reserved revenue to each school site in the district
on a per teacher basis, which must be retained by the school site until used. The board may
retain 25 percent to be used for district wide staff development efforts. The remaining
25 percent of the revenue must be used to make grants to school sites for best practices
methods. A grant may be used for any purpose authorized under section 120B.22,
subdivision 2, 122A.60 deleted text begin , or for the costs of curriculum development and programs, other
in-service education, teachers' workshops, teacher conferences, substitute teachers for
staff development purposes, and other staff development efforts, and determined by
the site professional development team deleted text end . The site professional development team must
demonstrate to the school board the extent to which staff at the site have met the outcomes
of the program. The board may withhold a portion of initial allocation of revenue if the
staff development outcomes are not being met.

Sec. 30.

Minnesota Statutes 2008, section 123B.09, subdivision 8, is amended to read:

Subd. 8.

Duties.

The board must superintend and manage the schools of the
district; adopt rules for their organization, government, and instruction; keep registers; and
prescribe textbooks and courses of study. The board may enter into an agreement with a
postsecondary institution for secondary or postsecondary nonsectarian courses to be taught
at a secondary school, nonsectarian postsecondary institution, or another location. new text begin The
board must not enter into an agreement which limits a district superintendent's duty to
assign and reassign teachers or administrators to the schools in which the teachers will
teach or the administrators will administer.
new text end

Sec. 31.

Minnesota Statutes 2009 Supplement, section 123B.143, subdivision 1,
is amended to read:

Subdivision 1.

Contract; duties.

All districts maintaining a classified secondary
school must employ a superintendent who shall be an ex officio nonvoting member of the
school board. The authority for selection and employment of a superintendent must be
vested in the board in all cases. An individual employed by a board as a superintendent
shall have an initial employment contract for a period of time no longer than three years
from the date of employment. Any subsequent employment contract must not exceed a
period of three years. A board, at its discretion, may or may not renew an employment
contract. A board must not, by action or inaction, extend the duration of an existing
employment contract. Beginning 365 days prior to the expiration date of an existing
employment contract, a board may negotiate and enter into a subsequent employment
contract to take effect upon the expiration of the existing contract. A subsequent contract
must be contingent upon the employee completing the terms of an existing contract. If a
contract between a board and a superintendent is terminated prior to the date specified in
the contract, the board may not enter into another superintendent contract with that same
individual that has a term that extends beyond the date specified in the terminated contract.
A board may terminate a superintendent during the term of an employment contract for any
of the grounds specified in section 122A.40, subdivision 9 or 13. A superintendent shall
not rely upon an employment contract with a board to assert any other continuing contract
rights in the position of superintendent under section 122A.40. Notwithstanding the
provisions of sections 122A.40, subdivision 10 or 11, 123A.32, 123A.75, or any other law
to the contrary, no individual shall have a right to employment as a superintendent based
on order of employment in any district. If two or more districts enter into an agreement for
the purchase or sharing of the services of a superintendent, the contracting districts have
the absolute right to select one of the individuals employed to serve as superintendent
in one of the contracting districts and no individual has a right to employment as the
superintendent to provide all or part of the services based on order of employment in a
contracting district. The superintendent of a district shall perform the following:

(1) visit and supervise the schools in the district, report and make recommendations
about their condition when advisable or on request by the board;

(2) recommend to the board employment and dismissal of teachers;

new text begin (3) before the start of the school year, and at other times as needed, assign highly
effective teachers and administrators, as defined in section 122A.411, to schools to best
meet student and school needs as determined by the superintendent;
new text end

deleted text begin (3) deleted text end new text begin (4) new text end superintend school grading practices and examinations for promotions;

deleted text begin (4) deleted text end new text begin (5) new text end make reports required by the commissioner; and

deleted text begin (5) deleted text end new text begin (6) new text end perform other duties prescribed by the board.

new text begin For purposes of this section, "school" includes a public school under section 120A.22,
subdivision 4, or a nonpublic school under section 120A.22, subdivision 4, that elects to
comply with this section, and charter schools under section 124D.10.
new text end

Sec. 32.

Minnesota Statutes 2009 Supplement, section 124D.10, subdivision 4, is
amended to read:

Subd. 4.

Formation of school.

(a) An authorizer, after receiving an application from
a school developer, may charter a licensed teacher under section 122A.18, subdivision
1, or a group of individuals that includes one or more licensed teachers under section
122A.18, subdivision 1, to operate a school subject to the commissioner's approval of the
authorizer's affidavit under paragraph (b). The school must be organized and operated
as a cooperative under chapter 308A or nonprofit corporation under chapter 317A and
the provisions under the applicable chapter shall apply to the school except as provided
in this section.

Notwithstanding sections 465.717 and 465.719, a school district, subject to this
section and section 124D.11, may create a corporation for the purpose of establishing a
charter school.

(b) Before the operators may establish and operate a school, the authorizer must file
an affidavit with the commissioner stating its intent to charter a school. An authorizer
must file a separate affidavit for each school it intends to charter. The affidavit must
state the terms and conditions under which the authorizer would charter a school and
how the authorizer intends to oversee the fiscal and student performance of the charter
school and to comply with the terms of the written contract between the authorizer
and the charter school board of directors under subdivision 6. The commissioner must
approve or disapprove the authorizer's affidavit within 60 business days of receipt of the
affidavit. If the commissioner disapproves the affidavit, the commissioner shall notify
the authorizer of the deficiencies in the affidavit and the authorizer then has 20 business
days to address the deficiencies. If the authorizer does not address deficiencies to the
commissioner's satisfaction, the commissioner's disapproval is final. Failure to obtain
commissioner approval precludes an authorizer from chartering the school that is the
subject of this affidavit.

(c) The authorizer may prevent an approved charter school from opening for
operation if, among other grounds, the charter school violates this section or does not meet
the ready-to-open standards that are part of the authorizer's oversight and evaluation
process or are stipulated in the charter school contract.

(d) The operators authorized to organize and operate a school, before entering into a
contract or other agreement for professional or other services, goods, or facilities, must
incorporate as a cooperative under chapter 308A or as a nonprofit corporation under
chapter 317A and must establish a board of directors composed of at least five members
who are not related parties until a timely election for members of the ongoing charter
school board of directors is held according to the school's articles and bylaws under
paragraph (f). A charter school board of directors must be composed of at least five
members who are not related parties. Staff members employed at the school, including
teachers providing instruction under a contract with a cooperative, and all parents or legal
guardians of children enrolled in the school are the voters eligible to elect the members
of the school's board of directors. A charter school must notify eligible voters of the
school board election dates at least 30 days before the election. Board of director meetings
must comply with chapter 13D.

(e) Upon the request of an individual, the charter school must make available in
a timely fashion the minutes of meetings of the board of directors, and of members
and committees having any board-delegated authority; financial statements showing all
operations and transactions affecting income, surplus, and deficit during the school's last
annual accounting period; and a balance sheet summarizing assets and liabilities on the
closing date of the accounting period. A charter school also must post on its official Web
site information identifying its authorizer and indicate how to contact that authorizer and
include that same information about its authorizer in other school materials that it makes
available to the public.

(f) Every charter school board member shall attend department-approved training
on board governance, the board's role and responsibilities, employment policies and
practices, and financial management. A board member who does not begin the required
training within six months of being seated and complete the required training within 12
months of being seated on the board is ineligible to continue to serve as a board member.

(g) The ongoing board must be elected before the school completes its third year
of operation. Board elections must be held during a time when school is in session. The
charter school board of directors shall be composed of at least five nonrelated members
and include: (i) at least one licensed teacher employed at the school or a licensed teacher
providing instruction under a contact between the charter school and a cooperative; (ii) the
parent or legal guardian of a student enrolled in the charter school; and (iii) an interested
community member who is not employed by the charter school and does not have a
child enrolled in the school. The board may be a teacher majority board composed of
teachers described in this paragraph. The chief financial officer and the chief administrator
are ex-officio nonvoting board members. Board bylaws shall outline the process and
procedures for changing the board's governance model, consistent with chapter 317A. A
board may change its governance model only:

(1) by a majority vote of the board of directors and the licensed teachers employed
by the school, including licensed teachers providing instruction under a contract between
the school and a cooperative; and

(2) with the authorizer's approval.

Any change in board governance must conform with the board structure established
under this paragraph.

(h) The granting or renewal of a charter by an authorizer must not be conditioned
upon the bargaining unit status of the employees of the school.

(i) The granting or renewal of a charter school by an authorizer must not be
contingent on the charter school being required to contract, lease, or purchase services
from the authorizer. Any potential contract, lease, or purchase of service from an
authorizer must be disclosed to the commissioner, accepted through an open bidding
process, and be a separate contract from the charter contract. The school must document
the open bidding process. An authorizer must not enter into a contract to provide
management and financial services for a school that it authorizes, unless the school
documents that it received at least two competitive bids.

(j) An authorizer may permit the board of directors of a charter school to expand
the operation of the charter school to deleted text begin additional sites or to deleted text end add deleted text begin additional grades deleted text end new text begin locations
or grades new text end at the school beyond those described in the authorizer's original affidavit
as approved by the commissioner only after submitting a supplemental affidavit for
approval to the commissioner in a form and manner prescribed by the commissioner.
The supplemental affidavit must show that:

(1) the expansion proposed by the charter school is supported by need and projected
enrollment;

(2) the charter school expansion is warranted, at a minimum, by longitudinal data
demonstrating students' improved academic performance and growth on statewide
assessments under chapter 120B;

(3) the charter school is fiscally sound and has the financial capacity to implement
the proposed expansion; and

(4) the authorizer finds that the charter school has the management capacity to
carry out its expansion.

new text begin (k) Notwithstanding paragraph (j), an authorizer may permit the board of directors
of a high-performing charter school to expand the existing charter to include a new
separate school beyond that described in the authorizer's original affidavit as approved
by the commissioner only after submitting a supplemental affidavit for approval to the
commissioner in a form and manner prescribed by the commissioner. A new separate
school must conduct a separate lottery and enrollment process. A supplemental affidavit
must be submitted for each new separate school and show that:
new text end

new text begin (1) the new separate school proposed by the authorizer is supported by need and
projected enrollment;
new text end

new text begin (2) the new separate school is warranted, at a minimum, by longitudinal data
demonstrating the existing charter school's students' improved academic performance and
growth on statewide assessments under chapter 120B;
new text end

new text begin (3) the existing charter school is fiscally sound and the charter school board has the
capacity to implement and govern the new separate school; and
new text end

new text begin (4) the authorizer finds that the charter school board has capacity to carry out and
oversee the new separate school.
new text end

deleted text begin (k) deleted text end new text begin (l) new text end The commissioner shall have 30 business days to review and comment on the
supplemental affidavit. The commissioner shall notify the authorizer of any deficiencies in
the supplemental affidavit and the authorizer then has 30 business days to address, to the
commissioner's satisfaction, any deficiencies in the supplemental affidavit. The school
may not expand grades deleted text begin or deleted text end new text begin , new text end add sites new text begin , or start a new separate school new text end until the commissioner
has approved the supplemental affidavit. The commissioner's approval or disapproval of
a supplemental affidavit is final.

Sec. 33.

Minnesota Statutes 2008, section 127A.05, is amended by adding a
subdivision to read:

new text begin Subd. 7. new text end

new text begin Authority to intervene. new text end

new text begin The commissioner of education shall have the
authority to intervene directly in the state's persistently lowest achieving schools and
charter schools and in school districts and charter schools that are in improvement or
corrective action status under the Elementary and Secondary Education Act.
new text end

Sec. 34. new text begin ALTERNATIVE TEACHER PREPARATION REPORTS.
new text end

new text begin The Board of Teaching must submit an interim report on the effectiveness of the
alternative teacher preparation program under Minnesota Statutes, section 122A.245, to
the house of representatives and senate committees having jurisdiction over kindergarten
through grade 12 education by February 15, 2012, and a final report by February 15, 2014.
new text end

Sec. 35. new text begin RULEMAKING AUTHORITY.
new text end

new text begin The commissioner of education shall adopt rules consistent with chapter 14 which
provide English language proficiency standards for instruction of students identified
as limited English proficient under Minnesota Statutes, sections 124D.58 to 124D.64.
The English language proficiency standards must encompass the language domains of
listening, speaking, reading, and writing. The English language proficiency standards must
reflect social and academic dimensions of acquiring a second language that are accepted
of English language learners in prekindergarten through grade 12. The English language
proficiency standards must address the specific contexts for language acquisition in the
areas of social and instructional settings as well as academic language encountered in
language arts, mathematics, science, and social studies. The English language proficiency
standards must express the progression of language development through language
proficiency levels. The English language proficiency standards must be implemented
for all limited English proficient students beginning in the 2011-2012 school year and
assessed beginning in the 2012-2013 school year.
new text end

Sec. 36. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 122A.24, new text end new text begin is repealed.
new text end