HF 945

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 05/05/2011 02:03pm

A bill for an act
relating to education; modifying teacher and principal evaluations and tenure;
requiring reports; amending Minnesota Statutes 2010, sections 120B.35,
subdivision 1; 120B.36, subdivision 1; 122A.40, subdivisions 5, 6, 7, 8, 9, 10,
11, by adding a subdivision; 122A.41, subdivisions 2, 3, 4, 5, 6, 14; 122A.60;
122A.61, subdivision 1; 123B.09, subdivision 8; 123B.143, subdivision 1;
123B.147, subdivision 3; 124D.10, subdivision 11; 126C.10, subdivision 2;
proposing coding for new law in Minnesota Statutes, chapter 122A.

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

ARTICLE 1

TEACHER EVALUATION AND PROFESSIONAL DEVELOPMENT

Section 1.

Minnesota Statutes 2010, section 120B.35, subdivision 1, is amended to read:

Subdivision 1.

School and student indicators of growth and achievement.

The commissioner must develop and implement a system for measuring and reporting
academic achievement and individual student growth, consistent with the statewide
educational accountability and reporting system. The system components must measure
and separately report the adequate yearly progress of schools and the growth of individual
students: students' current achievement in schools under subdivision 2; and individual
students' educational growth over time under subdivision 3. new text begin The commissioner annually
must report a student's growth and progress toward grade-level proficiency under section
120B.299 as it relates to applicable state academic standards and the statewide assessments
aligned with those standards. new text end The system also must include statewide measures of student
academic growth that identify schools with high levels of growth, and also schools with
low levels of growth that need improvement. When determining a school's effect, the data
must include both statewide measures of student achievement and, to the extent annual
tests are administered, indicators of achievement growth that take into account a student's
prior achievement. Indicators of achievement and prior achievement must be based on
highly reliable statewide or districtwide assessments. Indicators that take into account a
student's prior achievement must not be used to disregard a school's low achievement or to
exclude a school from a program to improve low achievement levels.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012, and applies to growth
data beginning in the 2012-2013 school year.
new text end

Sec. 2.

Minnesota Statutes 2010, section 122A.40, subdivision 6, is amended to read:

Subd. 6.

new text begin Professional development and new text end mentoring for probationary teachers.

new text begin (a) A school board and the exclusive representative of the teachers in the district must
collaborate in establishing a professional development model for probationary teachers,
consistent with subdivision 8, that uses a district's professional development resources,
including those under sections 122A.414, if applicable, 122A.60, and 122A.61, to
improve teaching and learning.
new text end

new text begin (b) 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 may include having trained observers serve as mentors or coaches or having
teachers participate in professional learning communities.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2013-2014 school year and
later.
new text end

Sec. 3.

Minnesota Statutes 2010, section 122A.40, subdivision 8, is amended to read:

Subd. 8.

new text begin Professional development and new text end peer coaching for continuing contract
teachers.

new text begin (a) A school board and the exclusive representative of the teachers in the district
must collaborate in establishing a professional development model for continuing contract
teachers, consistent with subdivision 6, that uses a district's professional development
resources, including those under sections 122A.414, if applicable, 122A.60, and 122A.61,
to improve teaching and learning.
new text end

new text begin (b) 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 EFFECTIVE DATE. new text end

new text begin This section is effective for the 2013-2014 school year and
later.
new text end

Sec. 4.

Minnesota Statutes 2010, section 122A.41, subdivision 3, is amended to read:

Subd. 3.

new text begin Professional development and new text end mentoring for probationary teachers.

new text begin (a) A school board and the exclusive representative of the teachers in the district must
collaborate in establishing a professional development model for probationary teachers,
consistent with subdivision 5, that uses a district's professional development resources,
including those under sections 122A.414, if applicable, 122A.60, and 122A.61, to
improve teaching and learning.
new text end

new text begin (b) 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 EFFECTIVE DATE. new text end

new text begin This section is effective for the 2013-2014 school year and
later.
new text end

Sec. 5.

Minnesota Statutes 2010, section 122A.41, subdivision 5, is amended to read:

Subd. 5.

new text begin Professional development and new text end peer coaching for continuing contract
teachers.

new text begin (a) A school board and the exclusive representative of the teachers in the district
must collaborate in establishing a professional development model for probationary
teachers, consistent with subdivision 3, that uses a district's professional development
resources, including those under sections 122A.414, if applicable, 122A.60, and 122A.61,
to improve teaching and learning.
new text end

new text begin (b) 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 EFFECTIVE DATE. new text end

new text begin This section is effective for the 2013-2014 school year and
later.
new text end

Sec. 6.

new text begin [122A.411] TEACHER EVALUATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Evaluation structure. new text end

new text begin A teacher evaluation structure is established
to provide information about teacher effectiveness for teachers under section 122A.06,
subdivision 2, districts, and charter schools to use in developing and improving teacher
performance and student learning. The three-part structure contains:
new text end

new text begin (1) a teacher appraisal framework that identifies performance measures for
determining teacher effectiveness;
new text end

new text begin (2) a mechanism for translating the performance data into a five-part teacher
effectiveness rating scale; and
new text end

new text begin (3) a four-tier status designation that identifies teachers as standard, advanced,
distinguished, or exemplary based on a teacher's effectiveness rating over time.
new text end

new text begin Subd. 2. new text end

new text begin Teacher appraisal framework. new text end

new text begin (a) Each school district and charter
school must create and implement a teacher appraisal framework. The framework must
translate performance measures and scores under this subdivision into five performance
effectiveness rating scores where "5" is the highest rating and "1" is the lowest rating. The
department, in collaboration with the Board of Teaching, must make available to districts
and charter schools appraisal frameworks and other materials from evidence-based
sources to assist districts and charter schools in implementing an appraisal framework,
consistent with this section.
new text end

new text begin (b) If statewide assessment results are available under section 120B.35, these results
are the basis for 50 percent of a teacher's total appraisal.
new text end

new text begin (c) If statewide assessment results are unavailable, 40 percent of a teacher's total
appraisal must consist of results from districtwide assessments of state and local standards
and another ten percent of the teacher's total appraisal must consist of results from
teacher-developed assessments.
new text end

new text begin (d) If no districtwide assessment results are available, 50 percent of a teacher's total
appraisal must consist of teacher-developed and administrator-approved assessments of
state and local standards. A school administrator shall meet with teachers at least annually
under this paragraph to review, modify if needed, and approve local course and grade-level
expectations for student achievement and growth.
new text end

new text begin (e) A charter school or a school board, in consultation with its teachers, must
identify the performance measures used as a basis for the other 50 percent of a teacher's
total appraisal under this subdivision. The appraisal must include data from parent surveys
and at least one annual evaluation performed by a trained school administrator. Other
performance measures may include student surveys, peer observations and review, teacher
performance portfolios, video classroom observations with teacher reflection after viewing
videos, measures approved as part of an educational improvement plan under section
122A.413, and other highly reliable research-based measures.
new text end

new text begin Subd. 3. new text end

new text begin Teacher performance effectiveness ratings. new text end

new text begin (a) Beginning in the
2012-2013 school year and consistent with subdivision 2, a school district or charter
school annually must use the following scale to determine a teacher performance
effectiveness rating and corresponding status designation under subdivision 4 for each
teacher who teaches a subject for which statewide assessment results are available under
section 120B.35:
new text end

new text begin (1) a teacher is "highly effective" if the teacher's appraisal shows that the teacher's
students, on average, achieved one and one-half or more years of growth on statewide
assessments and the teacher received a "5" performance rating under the district or charter
school appraisal framework;
new text end

new text begin (2) a teacher is "effective" if the teacher's appraisal shows that the teacher's students,
on average, achieved at least one year of growth on statewide assessments and the teacher
received a "4" performance rating under the district or charter school appraisal framework;
new text end

new text begin (3) a teacher is "average" if the teacher's appraisal shows that the teacher's students,
on average, achieved at least 0.9 years of growth on statewide student assessments and the
teacher received a "3" performance rating under the district or charter school appraisal
framework;
new text end

new text begin (4) a teacher "needs improvement" if the teacher's appraisal shows that the teacher's
students, on average, achieved between 0.5 and 0.9 years of growth on statewide
assessments or the teacher received a "2" or lower performance rating under the district or
charter school appraisal framework; and
new text end

new text begin (5) a teacher is "ineffective" if the teacher's appraisal shows that the teacher's
students, on average, achieved less than one-half year of growth on statewide assessments
and the teacher received a "1" performance rating under the district or charter school
appraisal framework.
new text end

new text begin A teacher who does not meet both the growth and performance rating requirements in
any clause (1) to (4) receives the next lower effectiveness rating that immediately follows
the clause where the teacher met either the growth or the performance rating requirement.
new text end

new text begin (b) Beginning in the 2012-2013 school year and consistent with subdivision 2, a
school district or charter school annually must use a teacher performance effectiveness
rating scale developed under this paragraph and corresponding status designation under
subdivision 4 for each teacher who teaches a subject for which no statewide assessment
data exist. The district or charter school, in consultation with its teachers, must define low,
medium, and high academic growth and progress toward grade-level proficiency for
purposes of establishing teacher performance effectiveness ratings so that a teacher is
rated:
new text end

new text begin (1) "highly effective" if the teacher receives a "5" performance rating under the
district or charter school appraisal framework;
new text end

new text begin (2) "effective" if the teacher receives a "4" performance rating under the district or
charter school appraisal framework;
new text end

new text begin (3) "average" if the teacher receives a "3" performance rating under the district or
charter school appraisal framework;
new text end

new text begin (4) "needs improvement" if the teacher receives a "2" performance rating under the
district or charter school appraisal framework; and
new text end

new text begin (5) "ineffective" if the teacher receives a "1" performance rating under the district or
charter school appraisal framework.
new text end

new text begin Subd. 4. new text end

new text begin Teacher status designations. new text end

new text begin (a) Beginning no later than the 2012-2013
school year, a school district or charter school shall establish a four-tier status designation
for identifying teachers' effectiveness, consistent with this section, using measures
of teacher performance and student learning as they relate to meeting state and local
education standards.
new text end

new text begin (b) To receive a "standard" designation, a probationary teacher during the three-year
probationary period must receive at least one rating of "average," "effective," or "highly
effective" under the district or charter school appraisal framework and meet applicable
professional development requirements.
new text end

new text begin (c) A licensed teacher who has a "standard" designation must receive a rating
of "average," "effective," or "highly effective" in four years out of each five-year
employment period and meet applicable professional development requirements to receive
an "advanced" status designation.
new text end

new text begin (d) A teacher who receives a "highly effective" rating in three years out of a five-year
employment period and meets applicable professional development requirements receives
a "distinguished" status designation.
new text end

new text begin (e) A teacher who receives a "highly effective" rating in seven years during two
consecutive five-year employment periods and meets applicable professional development
requirements receives an "exemplary" status designation.
new text end

new text begin (f) A teacher who receives a "distinguished" or "exemplary" status designation
keeps that designation for the remainder of the five-year employment period in which the
teacher received the designation.
new text end

new text begin (g) A teacher who does not meet the requirements of a particular status designation
under paragraph (c), (d), or (e) receives the next lower status designation under this
subdivision. A teacher who does not meet the requirement of a standard designation under
paragraph (b) has no status designation.
new text end

new text begin Subd. 5. new text end

new text begin Data gathering and analysis. new text end

new text begin (a) Beginning in the 2012-2013 school
year, the department, in consultation with the Board of Teaching, shall assist a school
district or charter school in collecting and aggregating student data needed to implement
subdivisions 2, 3, and 4. If the school district or charter school and the department agree
that an ongoing need exists for department assistance, the district or charter school and the
department shall enter into a data-sharing agreement. Any data on individual students or
teachers received, collected, or created that are used to generate summary data under this
section are nonpublic data under chapter 13.
new text end

new text begin (b) Beginning in 2014, the department annually by June 30 shall submit summary
data on teachers' effectiveness under paragraph (a) to the Minnesota teacher preparation
program or institution that prepared the teachers covered in that year's district and charter
school reports to the department.
new text end

new text begin Subd. 6. new text end

new text begin Intermediate school districts; teacher evaluations. new text end

new text begin A teacher employed
by an intermediate school district shall be evaluated as follows:
new text end

new text begin (1) a teacher who works with children with disabilities shall be evaluated using a
student growth measure based on a child's individualized education program; and
new text end

new text begin (2) a teacher who works in an alternative learning setting shall be evaluated using
student growth measures based on locally developed education goals and statewide or
locally developed assessments.
new text end

Sec. 7.

Minnesota Statutes 2010, section 122A.60, 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 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
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 district and school site staff development plans, based on student
achievement and growth data, and focused on student learning goals. 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 instructional-based observations using objective
standards-based assessments to assist in the professional growth process new text end ;

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

(4) enhance teacher content knowledge and instructional skills;

(5) align with state and local academic standards;

(6) provide new text begin job-embedded or integrated professional development new text end opportunities
new text begin during the teacher 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 students' learning goals, plan instruction, practice new teaching strategies,
and review the results of implementing those strategies new text end , and provide opportunities for
teacher-to-teacher new text begin coaching and new text end mentoring; and

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

Staff development activities new text begin also new text end may include curriculum development and curriculum
training programs, and activities that provide teachers 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 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 growth 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 4. 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 new text begin for increasing teacher effectiveness and student
learning and new text end for 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 deleted text begin education deleted text end new text begin academic new text end standards in
all areas of the curriculum by using best practices methods new text begin and benchmark assessments
aligned with academic standards 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 in their first five years of teaching 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2013-2014 school year and
later.
new text end

Sec. 8.

Minnesota Statutes 2010, 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 also may 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, new text begin or new text end 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2013-2014 school year and
later.
new text end

Sec. 9.

Minnesota Statutes 2010, section 126C.10, subdivision 2, is amended to read:

Subd. 2.

Basic revenue.

The basic revenue for each district equals the formula
allowance times the adjusted marginal cost pupil units for the school year. The formula
allowance for fiscal year 2007 is $4,974. The formula allowance for fiscal year 2008 is
$5,074 deleted text begin and deleted text end new text begin , new text end the formula allowance for fiscal year 2009 deleted text begin and subsequent years deleted text end new text begin through
fiscal year 2013 new text end is $5,124 new text begin , and the formula allowance for fiscal year 2014 and subsequent
years is $5,174 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2013
and later.
new text end

Sec. 10. new text begin APPRAISAL IMPLEMENTATION TIMELINE.
new text end

new text begin Consistent with Minnesota Statutes, section 122A.411, districts and charter schools
shall implement the teacher appraisal framework according to the following timeline:
new text end

new text begin (1) in the 2011-2012 school year, develop an appraisal framework and a system
to collect data;
new text end

new text begin (2) in the 2012-2013 school year, implement the teacher appraisal framework and
data collection system as a pilot program; and
new text end

new text begin (3) beginning in the 2013-2014 school year, fully implement the teacher appraisal
framework and data collection system.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 2

TEACHER EMPLOYMENT

Section 1.

Minnesota Statutes 2010, section 120B.36, subdivision 1, is amended to read:

Subdivision 1.

School performance report cards.

(a) The commissioner
shall report student academic performance under section 120B.35, subdivision 2; the
percentages of students showing low, medium, and high growth under section 120B.35,
subdivision 3, paragraph (b); school safety and student engagement and connection
under section 120B.35, subdivision 3, paragraph (d); rigorous coursework under section
120B.35, subdivision 3, paragraph (c); two separate student-to-teacher ratios that clearly
indicate the definition of teacher consistent with sections 122A.06 and 122A.15 for
purposes of determining these ratios; staff characteristics excluding salaries; new text begin the number
of teachers in each performance effectiveness rating category under section 122A.411,
subdivision 3, by school site; new text end student enrollment demographics; district mobility; and
extracurricular activities. The report also must indicate a school's adequate yearly progress
status, and must not set any designations applicable to high- and low-performing schools
due solely to adequate yearly progress status.

(b) The commissioner shall develop, annually update, and post on the department
Web site school performance report cards.

(c) The commissioner must make available performance report cards by the
beginning of each school year.

(d) A school or district may appeal its adequate yearly progress status in writing to
the commissioner within 30 days of receiving the notice of its status. The commissioner's
decision to uphold or deny an appeal is final.

(e) School performance report card data are nonpublic data under section 13.02,
subdivision 9, until not later than ten days after the appeal procedure described in
paragraph (d) concludes. The department shall annually post school performance report
cards to its public Web site no later than September 1.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014.
new text end

Sec. 2.

Minnesota Statutes 2010, 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 new text begin issue an annual employment contract and new text end adopt a plan for written evaluation of
teachers during the probationary period new text begin that complies with section 122A.411. During a
probationary teacher's first year of employment, the board may terminate the teacher
at will 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. deleted text begin 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, deleted text end The board must give any
deleted text begin such deleted text end new text begin probationary new text end 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) A district must decide whether to issue a contract to a probationary classroom
teacher at the end of the teacher's probationary period based on:
new text end

new text begin (1) the teacher's professional growth plan based on standards of effective professional
practice, student learning goals, and teacher evaluations under this subdivision that
comply with section 122A.411;
new text end

new text begin (2) the teacher's appraisal results and performance effectiveness rating under section
122A.411; and
new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2014-2015 school year and
later.
new text end

Sec. 3.

Minnesota Statutes 2010, section 122A.40, subdivision 7, is amended to read:

Subd. 7.

Termination of contract after probationary period.

(a) A teacher who
has completed a probationary period in any district, and who has not been discharged or
advised of a refusal to renew the teacher's contract under subdivision 5, shall elect to have
a deleted text begin continuing deleted text end new text begin renewable five-year new text end contract with deleted text begin such deleted text end new text begin the new text end district where contract terms and
conditions, including salary and salary increases, are established based either on the length
of the school calendar or an extended school calendar under section 120A.415. deleted text begin Thereafter, deleted text end
The teacher's contract must remain in full force and effect, except as modified by mutual
consent of the board and the teacher, until terminated by a majority roll call vote of the full
membership of the board prior to April 1 upon one of the grounds specified in subdivision
9 or July 1 upon one of the grounds specified in subdivision 10 or 11, or until the teacher
is discharged pursuant to subdivision 13, or by the written resignation of the teacher
submitted prior to April 1. If an agreement as to the terms and conditions of employment
for the succeeding school year has not been adopted pursuant to the provisions of sections
179A.01 to 179A.25 prior to March 1, the teacher's right of resignation is extended to the
30th calendar day following the adoption of deleted text begin said deleted text end new text begin the new text end contract deleted text begin in compliance with deleted text end new text begin under new text end
section 179A.20, subdivision 5. deleted text begin Such deleted text end Written resignation by the teacher is effective deleted text begin as
of deleted text end new text begin on new text end June 30 if submitted deleted text begin prior to deleted text end new text begin before new text end that date and the deleted text begin teachers' deleted text end new text begin teacher's new text end right of
resignation for the new text begin next new text end school year deleted text begin then beginning deleted text end shall cease on July 15.

new text begin (b) new text end Before a teacher's contract is terminated by the board, the board must notify
the teacher in writing and state its ground for the proposed termination in reasonable
detail together with a statement that the teacher may make a written request for a hearing
before the board within 14 days after receipt of such notification. If the grounds are those
specified in subdivision 9 or 13, the notice must also state a teacher may request arbitration
under subdivision 15. Within 14 days after receipt of this notification the teacher may
make a written request for a hearing before the board or an arbitrator and it shall be
granted upon reasonable notice to the teacher of the date set for hearing, before final action
is taken. If no hearing is requested within such period, it shall be deemed acquiescence by
the teacher to the board's action. deleted text begin Such deleted text end new text begin The teacher's new text end termination deleted text begin shall take effect at the
close of the school year in which the contract is terminated in the manner aforesaid deleted text end new text begin must
comply with subdivision 9 or 13 new text end . deleted text begin Such deleted text end new text begin A new text end contract may be terminated at any time by mutual
consent of the board and the teacher and this section does not affect the powers of a board
to suspend, discharge, or demote a teacher under and pursuant to other provisions of law.

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2014-2015 school year and
later.
new text end

Sec. 4.

Minnesota Statutes 2010, section 122A.40, is amended by adding a subdivision
to read:

new text begin Subd. 7b. new text end

new text begin Teacher employment. new text end

new text begin (a) A school district must use a teacher appraisal
framework to make informed decisions about teacher development and performance.
Teachers must participate in ongoing professional development to improve teaching and
learning throughout a term of employment.
new text end

new text begin (b) After completing the initial three-year probationary period without discharge, a
teacher who is reemployed by a school board continues in service and holds that position
during good behavior and efficient and competent service for a renewable five-year term.
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-year term, the school board either must continue or
terminate a teacher's employment based on:
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, consistent
with section 122A.411, that are conducted at least once per year by a trained school
administrator;
new text end

new text begin (2) the teacher's appraisal results and performance effectiveness rating under section
122A.411; and
new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2014-2015 school year and
later.
new text end

Sec. 5.

Minnesota Statutes 2010, section 122A.40, subdivision 9, is amended to read:

Subd. 9.

Grounds for termination.

new text begin (a) new text end A continuing contract may be terminated,
effective at the close of the school year, upon any of the following grounds:

deleted text begin (a) deleted text end new text begin (1) new text end inefficiency;

deleted text begin (b) deleted text end new text begin (2) new text end neglect of duty, or persistent violation of school laws, rules, regulations,
or directives;

deleted text begin (c) deleted text end new text begin (3) new text end conduct unbecoming a teacher which materially impairs the teacher's
educational effectiveness;

deleted text begin (d) deleted text end new text begin (4) new text end other good and sufficient grounds rendering the teacher unfit to perform the
teacher's duties deleted text begin . deleted text end new text begin ; or
new text end

new text begin (5) the teacher is ineffective under section 122A.411 and not recommended by the
district for continued employment under this section.
new text end

new text begin (b) new text end A contract must not be terminated deleted text begin upon one of the grounds specified in clause deleted text end
new text begin under paragraph new text end (a), deleted text begin (b), (c), or (d), deleted 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.

new text begin For purposes of paragraph (a), clause (5), a teacher must correct the deficiency
within 180 days after receiving the notice to remedy the deficiency.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2014-2015 school year and
later.
new text end

Sec. 6.

Minnesota Statutes 2010, 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. deleted text begin The negotiated plan must not
include provisions which would result in the exercise of seniority by a teacher holding a
provisional license, other than a vocational education license, contrary to the provisions of
subdivision 11, clause (c), or the reinstatement of a teacher holding a provisional license,
other than a vocational education license, contrary to the provisions of subdivision 11,
clause (e). deleted text end The provisions of section 179A.16 do not apply for the purposes of this
subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2014-2015 school year and
later.
new text end

Sec. 7.

Minnesota Statutes 2010, section 122A.40, subdivision 11, is amended to read:

Subd. 11.

Unrequested leave of absence.

new text begin (a) new text end 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, new text begin the superintendent may
exempt from the effects of paragraphs (b) to (f) those teachers who, in the superintendent's
judgment, are able to provide instruction that similarly licensed teachers cannot provide or
whose subject area license meets unmet district needs for student instruction. new text end The board is
governed by deleted text begin the following provisions: deleted text end new text begin paragraphs (b) to (k).
new text end

deleted text begin (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;
deleted text end

(b) Teachers deleted text begin who have acquired continuing contract rights deleted text end shall be placed on
unrequested leave of absence in fields in which they are licensed in the new text begin following order:
new text end

new text begin (1) teachers with a "needs improvement" or "ineffective" rating under section
122A.411 in the new text end inverse order in which they were employed by the school district deleted text begin . deleted text end new text begin ;
new text end

new text begin (2) teachers with an "average" rating under section 122A.411 with four or more
years of teaching experience in the inverse order in which they were employed by the
school district;
new text end

new text begin (3) teachers with an "effective" rating under section 122A.411 with fewer than
four years of teaching experience in the inverse order in which they were employed by
the school district;
new text end

new text begin (4) teachers with a "highly effective" rating under section 122A.411 in the inverse
order in which they were employed by the school district;
new text end

new text begin (5) teachers with a "distinguished" rating under section 122A.411 in the inverse
order in which they were employed by the school district; and
new text end

new text begin (6) teachers with an "exemplary" rating under section 122A.411 in the inverse order
in which they were employed by the school district.
new text end

new text begin (c) new text end In the case of equal seniority new text begin within a clause of paragraph (b) new text end , 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 deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (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 a provisional 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 a provisional license in the same field. The
provisions of this clause do not apply to vocational education licenses;
deleted text end

(d) Notwithstanding deleted text begin clauses (a), deleted text end new text begin paragraphs new text end (b) and (c), if deleted text begin 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 deleted text end the deleted text begin restriction deleted text end new text begin restrictions new text end imposed by the provisions of deleted text begin clause deleted text end new text begin
paragraph (b) or new text end (c) would place the district in violation of its affirmative action program,
the district may retain the deleted text begin probationary deleted text end teacher deleted text begin , the teacher with less seniority, or the
provisionally licensed teacher; deleted text end new text begin with a lower designated status or less seniority.
new text end

(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. deleted text begin A teacher
must not be reinstated to a position in a field in which the teacher holds only a provisional
license, other than a vocational education license, while another teacher who holds a
nonprovisional license in the same field remains on unrequested leave. deleted text end The order of
reinstatement of teachers who have equal seniority and who are placed on unrequested
leave in the same school year is negotiable deleted text begin ; deleted text end new text begin .
new text end

(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 deleted text begin ; deleted text end new text begin .
new text end

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

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

(i) The unrequested leave of absence of a teacher who is placed on unrequested leave
of absence and who is not reinstated shall continue deleted text begin for a period of five years deleted text end new text begin until that
teacher's contract expires under subdivision 7b new text end , 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 deleted text begin ; deleted text end new text begin .
new text end

(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 deleted text begin ; deleted text end new text begin .
new text end

(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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2014-2015 school year and
later.
new text end

Sec. 8.

Minnesota Statutes 2010, 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 deleted text begin 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 deleted text end . The school deleted text begin site management team
or the school deleted text end board deleted text begin if there is no school site management team, deleted text end shall new text begin issue an annual
employment contract and new text end 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 is consistent with section 122A.411.
During a probationary teacher's first year of employment, the board may terminate the
teacher at will new text end . Evaluation deleted text begin by the peer review committee charged with evaluating deleted text end new text begin of new text end
probationary teachers deleted text begin under subdivision 3 deleted text end 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) A district must decide whether to issue a contract to a probationary classroom
teacher at the end of the teacher's probationary period based on:
new text end

new text begin (1) a portfolio of the teacher's professional growth plan based on standards of
effective professional practice, student learning goals, and successful teacher evaluations,
consistent with section 122A.411, that are conducted at least twice per year by a trained
school administrator;
new text end

new text begin (2) the teacher's appraisal results and performance effectiveness rating under section
122A.411; and
new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2014-2015 school year and
later.
new text end

Sec. 9.

Minnesota Statutes 2010, 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 employment new text end .

(a) new text begin A school district must use a teacher appraisal framework
to make informed decisions about teacher development and performance. Teachers
must participate in ongoing professional development to improve teaching and learning
throughout a term of employment.
new text end

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

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

new text begin (e) At the end of every five-year term, the school board must either continue or
terminate a teacher's employment based on:
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, consistent
with section 122A.411, that are conducted at least twice per year by a trained school
administrator;
new text end

new text begin (2) the teacher's appraisal results and performance effectiveness rating under section
122A.411; and
new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2014-2015 school year and
later.
new text end

Sec. 10.

Minnesota Statutes 2010, 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 ineffective under section 122A.411 and not recommended by the
district for employment under 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 discharged
on 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 180 days 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2014-2015 school year and
later.
new text end

Sec. 11.

Minnesota Statutes 2010, section 122A.41, subdivision 14, is amended to read:

Subd. 14.

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

deleted text begin (a) deleted text end 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 new text begin following order:
new text end

new text begin (1) teachers with a "needs improvement" or "ineffective" rating under section
122A.411 in the new text end inverse order in which they were employed deleted text begin , unless a board and the
exclusive representative of teachers in the district negotiate a plan providing otherwise. deleted text end new text begin ;
new text end

deleted text begin (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 a provisional 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 a provisional license in the same field. The provisions of this clause do not apply
to vocational education licenses.
deleted text end

deleted text begin (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 a provisional license, other than a
vocational education license, while another teacher who holds a nonprovisional license in
the same field is available for reinstatement.
deleted text end

new text begin (2) teachers with an "average" rating under section 122A.411 with four or more
years of teaching experience in the inverse order in which they were employed by the
school district;
new text end

new text begin (3) teachers with an "effective" rating under section 122A.411 with fewer than
four years of teaching experience in the inverse order in which they were employed by
the school district;
new text end

new text begin (4) teachers with a "highly effective" rating under section 122A.411 in the inverse
order in which they were employed by the school district;
new text end

new text begin (5) teachers with a "distinguished" rating under section 122A.411 in the inverse
order in which they were employed by the school district; and
new text end

new text begin (6) teachers with an "exemplary" rating under section 122A.411 in the inverse order
in which they were employed by the school district.
new text end

new text begin The superintendent may exempt from the effects of this subdivision those teachers
who, in the superintendent's judgment, are able to provide instruction that similarly
licensed teachers cannot provide or whose subject area license meets unmet district needs
for student instruction.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2014-2015 school year and
later.
new text end

Sec. 12.

new text begin [122A.418] TEACHER EFFECTIVENESS-BASED BONUSES.
new text end

new text begin (a) A teacher with a "distinguished" rating under section 122A.411 shall receive
an annual bonus equal to ten percent of the teacher's base salary as long as the teacher
maintains a "distinguished" rating.
new text end

new text begin (b) A teacher with an "exemplary" rating under section 122A.411 shall receive
an annual bonus equal to 20 percent of the teacher's base salary as long as the teacher
maintains an "exemplary" rating.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 13.

Minnesota Statutes 2010, 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 Consistent with section 122A.40, subdivision 10, or 122A.41, subdivision 14, as
applicable, the board must not enter into an agreement that limits a district superintendent's
ability to assign and reassign teachers or administrators to the schools in which the
teachers will teach or the administrators will administer to best meet student and school
needs as determined by the superintendent.
new text end

Sec. 14.

Minnesota Statutes 2010, 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;

(3) new text begin annually evaluate each school principal assigned responsibility for supervising
a school building within the district, consistent with section 123B.147, subdivision 3,
paragraph (b);
new 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; deleted text begin and
deleted text end

new text begin (6) before the start of the school year, and at other times as needed, assign highly
effective, distinguished, and exemplary teachers, as defined in section 122A.411, to
schools to best meet student and school needs as determined by the superintendent; and
new text end

deleted text begin (5) deleted text end new text begin (7) new text end perform other duties prescribed by the board.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2013-2014 school year and
later.
new text end

Sec. 15.

Minnesota Statutes 2010, section 123B.147, subdivision 3, is amended to read:

Subd. 3.

Duties new text begin ; evaluation new text end .

new text begin (a) new text end The principal shall provide administrative,
supervisory, and instructional leadership services, under the supervision of the
superintendent of schools of the district and deleted text begin in accordance with deleted text end new text begin according to new text end the policies,
rules, and regulations of the new text begin school new text end board deleted text begin of education deleted text end , for the planning, management,
operation, and evaluation of the education program of the building or buildings to which
the principal is assigned.

new text begin (b) To enhance a principal's leadership skills, support and improve teaching
practices, school performance, and student achievement, and attract and retain highly
effective teachers, a district must develop and implement a performance-based system for
annually evaluating school principals assigned to supervise a school building within the
district. The evaluation must be designed to improve teaching and learning by supporting
the principal in shaping the school's professional environment and developing teacher
quality, performance, and effectiveness. The annual evaluation must:
new text end

new text begin (1) support and improve a principal's instructional leadership, organizational
management, and professional development, and strengthen the principal's capacity in the
areas of instruction, supervision, evaluation, and teacher development;
new text end

new text begin (2) include formative and summative evaluations;
new text end

new text begin (3) be consistent with a principal's job description, a district's long-term plans and
goals, and the principal's own professional multiyear growth plans and goals, all of which
must support the principal's leadership behaviors and practices, rigorous curriculum,
school performance, and high-quality instruction;
new text end

new text begin (4) include on-the-job observations and previous evaluations;
new text end

new text begin (5) allow surveys to help identify a principal's effectiveness, leadership skills and
processes, and strengths and weaknesses in exercising leadership in pursuit of school
success;
new text end

new text begin (6) use longitudinal data on student academic growth as an evaluation component
and incorporate district achievement goals and targets; and
new text end

new text begin (7) be linked to professional development that emphasizes improved teaching and
learning, curriculum and instruction, student learning, and a collaborative professional
culture.
new text end

new text begin The provisions of this paragraph are intended to provide districts with sufficient
flexibility to accommodate district needs and goals related to developing, supporting,
and evaluating principals.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2013-2014 school year and
later.
new text end

Sec. 16.

Minnesota Statutes 2010, section 124D.10, subdivision 11, is amended to read:

Subd. 11.

Employment and other operating matters.

(a) A charter school must
employ or contract with necessary teachers, as defined by section 122A.15, subdivision
1, who hold valid licenses to perform the particular service for which they are employed
in the school. The charter school's state aid may be reduced under section 127A.43
if the school employs a teacher who is not appropriately licensed or approved by the
board of teaching. The school may employ necessary employees who are not required to
hold teaching licenses to perform duties other than teaching and may contract for other
services. The school may discharge teachers and nonlicensed employees. new text begin The school must
create and implement a teacher evaluation structure under section 122A.411 to use in
developing and improving teacher performance and student learning. Teacher evaluations
undertaken under this paragraph do not create additional due process rights for teachers
employed or otherwise working at the school. new text end The charter school board is subject to
section 181.932. When offering employment to a prospective employee, a charter school
must give that employee a written description of the terms and conditions of employment
and the school's personnel policies.

(b) A person, without holding a valid administrator's license, may perform
administrative, supervisory, or instructional leadership duties. The board of directors shall
establish qualifications for persons that hold administrative, supervisory, or instructional
leadership roles. The qualifications shall include at least the following areas: instruction
and assessment; human resource and personnel management; financial management;
legal and compliance management; effective communication; and board, authorizer, and
community relationships. The board of directors shall use those qualifications as the basis
for job descriptions, hiring, and performance evaluations of those who hold administrative,
supervisory, or instructional leadership roles. The board of directors and an individual
who does not hold a valid administrative license and who serves in an administrative,
supervisory, or instructional leadership position shall develop a professional development
plan. Documentation of the implementation of the professional development plan of these
persons shall be included in the school's annual report.

(c) The board of directors also shall decide matters related to the operation of the
school, including budgeting, curriculum and operating procedures.

Sec. 17. new text begin ADVISORY TASK FORCE ON IMPLEMENTING TEACHER
EVALUATION STRUCTURE.
new text end

new text begin Consistent with Minnesota Statutes, section 122A.411, and related sections, the
commissioner of education shall convene a nine-member advisory task force to make
recommendations related to implementing the state's teacher evaluation structure. Task
force members shall include: one representative each from the Minnesota Chamber of
Commerce, the Minnesota Business Partnership, the Minnesota Assessment Group, the
Minnesota Association of School Administrators, and the Minnesota Elementary and
Secondary School Principals Association, appointed by the respective organizations;
two representatives from Education Minnesota, one of whom must be a currently
licensed classroom teacher teaching in a first class city school district, appointed by
Education Minnesota; and two parents of students currently enrolled in Minnesota public
schools, one of whom must be a parent of color, appointed by the Minnesota Parent
Teacher Organization. The commissioner or the commissioner's designee shall serve as a
nonvoting member of the task force and shall provide technical assistance to the task force
upon request. The terms, compensation, and removal of advisory task force members
shall be as provided in Minnesota Statutes, section 15.059, except that the task force
shall continue until it is specifically terminated by the legislature. The commissioner of
education may reimburse task force members from the Department of Education's current
operating budget but may not compensate task force members for task force activities.
The task force must periodically review the statutory sections that compose this act and
recommend to the commissioner any changes needed to fully and effectively implement
the teacher evaluation structure, including any statutory changes needed to accomplish
the recommendations. The commissioner must report the task force recommendations
to the education policy and finance committees of the legislature at the start of the next
legislative session after receiving those recommendations.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 18. new text begin IMPLEMENTING A PERFORMANCE-BASED EVALUATION
SYSTEM FOR PRINCIPALS.
new text end

new text begin (a) To implement the requirements of Minnesota Statutes, sections 123B.143,
subdivision 1, clause (3), and 123B.147, subdivision 3, paragraph (b), the commissioner of
education, the Minnesota Association of Secondary School Principals, and the Minnesota
Association of Elementary School Principals must convene a group of recognized and
qualified experts and interested stakeholders, including principals, superintendents,
teachers, school board members, and parents, among other stakeholders, to develop a
performance-based system model for annually evaluating school principals. In developing
the system model, the group must at least consider how principals develop and maintain:
new text end

new text begin (1) high standards for student performance;
new text end

new text begin (2) rigorous curriculum;
new text end

new text begin (3) quality instruction;
new text end

new text begin (4) a culture of learning and professional behavior;
new text end

new text begin (5) connections to external communities;
new text end

new text begin (6) systemic performance accountability; and
new text end

new text begin (7) leadership behaviors that create effective schools and improve school
performance, including how to plan for, implement, support, advocate for, communicate
about, and monitor continuous and improved learning.
new text end

new text begin The group also may consider whether to establish a multitiered evaluation system
that supports newly licensed principals in becoming highly skilled school leaders and
provides opportunities for advanced learning for more experienced school leaders.
new text end

new text begin (b) The commissioner, the Minnesota Association of Secondary School Principals,
and the Minnesota Association of Elementary School Principals must submit a
written report and all the group's working papers to the education committees of the
legislature by February 1, 2012, discussing the group's responses to paragraph (a) and its
recommendations for a performance-based system model for annually evaluating school
principals. The group convened under this section expires June 1, 2012.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to principal evaluations beginning in the 2013-2014 school year and later.
new text end