1.1 	A bill for an act
1.2 	relating to education; modifying teacher evaluations and tenure; requiring 
1.3 	reports;amending Minnesota Statutes 2010, sections 120B.35, subdivision 1; 
1.4 	120B.36, subdivision 1; 122A.40, subdivisions 5, 6, 7, 8, 9, 10, 11, by adding 
1.5 	a subdivision; 122A.41, subdivisions 2, 3, 4, 5, 6, 14; 122A.60; 122A.61, 
1.6 	subdivision 1; 123B.09, subdivision 8; 123B.143, subdivision 1; proposing 
1.7 	coding for new law in Minnesota Statutes, chapter 122A.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	ARTICLE 1
1.10 	TEACHER EVALUATION AND PROFESSIONAL DEVELOPMENT

1.11 	Section 1. Minnesota Statutes 2010, section 120B.35, subdivision 1, is amended to read:
1.12 		Subdivision 1.School and student indicators of growth and achievement.
 1.13 	The commissioner must develop and implement a system for measuring and reporting 
1.14 	academic achievement and individual student growth, consistent with the statewide 
1.15 	educational accountability and reporting system. The system components must measure 
1.16 	and separately report the adequate yearly progress of schools and the growth of individual 
1.17 	students: students' current achievement in schools under subdivision 2; and individual 
1.18 	students' educational growth over time under subdivision 3. The commissioner annually 
1.19 	must report a student's growth and progress toward grade-level proficiency under section 
1.20 	120B.299 as it relates to applicable state academic standards and the statewide assessments 
1.21 	aligned with those standards. The system also must include statewide measures of student 
1.22 	academic growth that identify schools with high levels of growth, and also schools with 
1.23 	low levels of growth that need improvement. When determining a school's effect, the data 
1.24 	must include both statewide measures of student achievement and, to the extent annual 
1.25 	tests are administered, indicators of achievement growth that take into account a student's 
2.1 	prior achievement. Indicators of achievement and prior achievement must be based on 
2.2 	highly reliable statewide or districtwide assessments. Indicators that take into account a 
2.3 	student's prior achievement must not be used to disregard a school's low achievement or to 
2.4 	exclude a school from a program to improve low achievement levels.

2.5 	EFFECTIVE DATE. This section is effective July 1, 2012, and applies to growth 
2.6 	data beginning in the 2012-2013 school year.

2.7 	Sec. 2. Minnesota Statutes 2010, section 122A.40, subdivision 6, is amended to read:
2.8 		Subd. 6.Professional development and mentoring for probationary teachers.
 2.9 	(a) A school board and the exclusive representative of the teachers in the district must 
2.10 	collaborate in establishing a professional development model for probationary teachers, 
2.11 	consistent with subdivision 8, that uses a district's professional development resources, 
2.12 	including those under sections 122A.414, if applicable, 122A.60, and 122A.61, to 
2.13 	improve teaching and learning.
2.14 	(b) A school board and an exclusive representative of the teachers in the district 
2.15 	must develop a probationary teacher peer review process through joint agreement. The 
2.16 	process may include having trained observers serve as mentors or coaches or having 
2.17 	teachers participate in professional learning communities.

2.18 	EFFECTIVE DATE. This section is effective for the 2013-2014 school year and 
2.19 	later.

2.20 	Sec. 3. Minnesota Statutes 2010, section 122A.40, subdivision 8, is amended to read:
2.21 		Subd. 8.Professional development and peer coaching for continuing contract 
2.22 	teachers. (a) A school board and the exclusive representative of the teachers in the district 
2.23 	must collaborate in establishing a professional development model for continuing contract 
2.24 	teachers, consistent with subdivision 6, that uses a district's professional development 
2.25 	resources, including those under sections 122A.414, if applicable, 122A.60, and 122A.61, 
2.26 	to improve teaching and learning.
2.27 	(b) A school board and an exclusive representative of the teachers in the district shall 
2.28 	develop a peer review process for continuing contract teachers through joint agreement. 
2.29 	The process may include having trained observers serve as peer coaches or having 
2.30 	teachers participate in professional learning communities.

2.31 	EFFECTIVE DATE. This section is effective for the 2013-2014 school year and 
2.32 	later.

3.1 	Sec. 4. Minnesota Statutes 2010, section 122A.41, subdivision 3, is amended to read:
3.2 		Subd. 3.Professional development and mentoring for probationary teachers.
 3.3 	(a) A school board and the exclusive representative of the teachers in the district must 
3.4 	collaborate in establishing a professional development model for probationary teachers, 
3.5 	consistent with subdivision 5, that uses a district's professional development resources, 
3.6 	including those under sections 122A.414, if applicable, 122A.60, and 122A.61, to 
3.7 	improve teaching and learning.
3.8 	(b) A board and an exclusive representative of the teachers in the district must 
3.9 	develop a probationary teacher peer review process through joint agreement. The process 
3.10 	may include having trained observers serve as mentors or coaches or having teachers 
3.11 	participate in professional learning communities.

3.12 	EFFECTIVE DATE. This section is effective for the 2013-2014 school year and 
3.13 	later.

3.14 	Sec. 5. Minnesota Statutes 2010, section 122A.41, subdivision 5, is amended to read:
3.15 		Subd. 5.Professional development and peer coaching for continuing contract 
3.16 	teachers. (a) A school board and the exclusive representative of the teachers in the district 
3.17 	must collaborate in establishing a professional development model for probationary 
3.18 	teachers, consistent with subdivision 3, that uses a district's professional development 
3.19 	resources, including those under sections 122A.414, if applicable, 122A.60, and 122A.61, 
3.20 	to improve teaching and learning.
3.21 	(b) A school board and an exclusive representative of the teachers in the district must 
3.22 	develop a peer review process for nonprobationary teachers through joint agreement. The 
3.23 	process may include having trained observers serve as peer coaches or having teachers 
3.24 	participate in professional learning communities.

3.25 	EFFECTIVE DATE. This section is effective for the 2013-2014 school year and 
3.26 	later.

3.27 	Sec. 6. [122A.411] TEACHER EVALUATIONS. 
3.28 		Subdivision 1.Evaluation structure. A teacher evaluation structure is established 
3.29 	to provide information about teacher effectiveness for teachers, districts, and charter 
3.30 	schools to use in developing and improving teacher performance and student learning. 
3.31 	The three-part structure contains: 
3.32 	(1) a teacher appraisal framework that identifies performance measures for 
3.33 	determining teacher effectiveness; 
4.1 	(2) a mechanism for translating the performance data into a five-part teacher 
4.2 	effectiveness rating scale; and 
4.3 	(3) a four-tier status designation that identifies teachers as standard, advanced, 
4.4 	distinguished, or exemplary based on a teacher's effectiveness rating over time.
4.5 		Subd. 2.Teacher appraisal framework. (a) Each school district and charter 
4.6 	school must create and implement a teacher appraisal framework. The framework must 
4.7 	translate performance measures and scores under this subdivision into five performance 
4.8 	effectiveness rating scores where "5" is the highest rating and "1" is the lowest rating. The 
4.9 	department, in collaboration with the Board of Teaching, must make available to districts 
4.10 	and charter schools appraisal frameworks and other materials from evidence-based 
4.11 	sources to assist districts and charter schools in implementing an appraisal framework, 
4.12 	consistent with this section. 
4.13 	(b) If statewide assessment results are available under section 120B.35, these results 
4.14 	are the basis for 50 percent of a teacher's total appraisal.
4.15 	(c) If statewide assessment results are unavailable, 40 percent of a teacher's total 
4.16 	appraisal must consist of results from districtwide assessments of state and local standards 
4.17 	and another ten percent of the teacher's total appraisal must consist of results from 
4.18 	teacher-developed assessments.
4.19 	(d) If no districtwide assessment results are available, 50 percent of a teacher's total 
4.20 	appraisal must consist of teacher-developed and administrator-approved assessments of 
4.21 	state and local standards. A school administrator shall meet with teachers at least annually 
4.22 	under this paragraph to review, modify if needed, and approve local course and grade-level 
4.23 	expectations for student achievement and growth.
4.24 	(e) A charter school or a school board, in consultation with its teachers, must 
4.25 	identify the performance measures used as a basis for the other 50 percent of a teacher's 
4.26 	total appraisal under this subdivision. The appraisal must include data from parent surveys 
4.27 	and at least two annual evaluations performed by a trained school administrator. Other 
4.28 	performance measures may include student surveys, peer observations and review, teacher 
4.29 	performance portfolios, video classroom observations with teacher reflection after viewing 
4.30 	videos, measures approved as part of an educational improvement plan under section 
4.31 	122A.413, and other highly reliable research-based measures. 
4.32 		Subd. 3.Teacher performance effectiveness ratings. (a) Beginning in the 
4.33 	2012-2013 school year and consistent with subdivision 2, a school district or charter 
4.34 	school annually must use the following scale to determine a teacher performance 
4.35 	effectiveness rating and corresponding status designation under subdivision 4 for each 
5.1 	teacher who teaches a subject for which statewide assessment results are available under 
5.2 	section 120B.35:
5.3 	(1) a teacher is "highly effective" if the teacher's appraisal shows that the teacher's 
5.4 	students, on average, achieved one and one-half or more years of growth on statewide 
5.5 	assessments and the teacher received a "5" performance rating under the district or charter 
5.6 	school appraisal framework;
5.7 	(2) a teacher is "effective" if the teacher's appraisal shows that the teacher's students, 
5.8 	on average, achieved at least one year of growth on statewide assessments and the teacher 
5.9 	received a "4" performance rating under the district or charter school appraisal framework;
5.10 	(3) a teacher is "average" if the teacher's appraisal shows that the teacher's students, 
5.11 	on average, achieved at least 0.9 years of growth on statewide student assessments and the 
5.12 	teacher received a "3" performance rating under the district or charter school appraisal 
5.13 	framework;
5.14 	(4) a teacher "needs improvement" if the teacher's appraisal shows that the teacher's 
5.15 	students, on average, achieved between 0.5 and 0.9 years of growth on statewide 
5.16 	assessments or the teacher received a "2" or lower performance rating under the district or 
5.17 	charter school appraisal framework; and
5.18 	(5) a teacher is "ineffective" if the teacher's appraisal shows that the teacher's 
5.19 	students, on average, achieved less than one-half year of growth on statewide assessments 
5.20 	and the teacher received a "1" performance rating under the district or charter school 
5.21 	appraisal framework.
5.22 	(b) Beginning in the 2012-2013 school year and consistent with subdivision 2, a 
5.23 	school district or charter school annually must use the following teacher performance 
5.24 	effectiveness rating scale and corresponding status designation under subdivision 4 for 
5.25 	each teacher who teaches a subject for which no statewide assessment data exist:
5.26 	(1) a teacher is "highly effective" if the teacher receives a "5" performance rating 
5.27 	under the district or charter school appraisal framework;
5.28 	(2) a teacher is "effective" if the teacher receives a "4" performance rating under the 
5.29 	district or charter school appraisal framework;
5.30 	(3) a teacher is "average" if the teacher receives a "3" performance rating under the 
5.31 	district or charter school appraisal framework;
5.32 	(4) a teacher "needs improvement" if the teacher receives a "2" performance rating 
5.33 	under the district or charter school appraisal framework; and
5.34 	(5) a teacher is "ineffective" if the teacher receives a "1" performance rating under 
5.35 	the district or charter school appraisal framework.
6.1 		Subd. 4.Teacher status designations. (a) Beginning no later than the 2012-2013 
6.2 	school year, a school district or charter school shall establish a four-tier status designation 
6.3 	for identifying teachers' effectiveness, consistent with this section, using measures 
6.4 	of teacher performance and student learning as they relate to meeting state and local 
6.5 	education standards.
6.6 	(b) To receive a "standard" designation, a probationary teacher during the three-year 
6.7 	probationary period must receive at least one rating of "average," "effective," or "highly 
6.8 	effective" under the district or charter school appraisal framework and meet applicable 
6.9 	professional development requirements.
6.10 	(c) A licensed teacher who has a "standard" designation must receive a rating 
6.11 	of "average," "effective," or "highly effective" in four years out of each five-year 
6.12 	employment period and meet applicable professional development requirements to receive 
6.13 	an "advanced" status designation.
6.14 	(d) A teacher who receives a "highly effective" rating in three years out of a five-year 
6.15 	employment period and meets applicable professional development requirements receives 
6.16 	a "distinguished" status designation.
6.17 	(e) A teacher who receives a "highly effective" rating in seven years during two 
6.18 	consecutive five-year employment periods and meets applicable professional development 
6.19 	requirements receives an "exemplary" status designation.
6.20 	(f) A teacher who receives a "distinguished" or "exemplary" status designation 
6.21 	keeps that designation for the remainder of the five-year employment period in which the 
6.22 	teacher received the designation.
6.23 		Subd. 5.Data gathering and analysis. Beginning in the 2012-2013 school 
6.24 	year, the department, in consultation with the Board of Teaching, shall assist a school 
6.25 	district or charter school in collecting and aggregating student data needed to implement 
6.26 	subdivisions 2, 3, and 4. If the school district or charter school and the department agree 
6.27 	that an ongoing need exists for department assistance, the district or charter school and the 
6.28 	department shall enter into a data-sharing agreement. Any data on individual students or 
6.29 	teachers received, collected, or created that are used to generate summary data under this 
6.30 	section are nonpublic data under chapter 13.
6.31 		Subd. 6.Reports. (a) Beginning in the 2012-2013 school year, each school district 
6.32 	and charter school annually shall report to the department by August 31 the following 
6.33 	information about the school year just completed:
6.34 	(1) each teacher's performance effectiveness rating determined under subdivision 2, 
6.35 	paragraph (b), (c), or (d);
7.1 	(2) each teacher's performance effectiveness rating determined under subdivision 2, 
7.2 	paragraph (e);
7.3 	(3) each teacher's status designation under subdivision 4;
7.4 	(4) each teacher's professional preparation program;
7.5 	(5) its appraisal framework; and
7.6 	(6) its graduation rate.
7.7 	(b) Beginning in 2014, the department annually by February 15 shall submit a 
7.8 	report to the committees of the legislature with primary jurisdiction over kindergarten 
7.9 	through grade 12 education policy and finance that analyzes and evaluates summary data 
7.10 	generated under paragraph (a) to determine the effectiveness of teacher appraisal systems 
7.11 	in improving teaching and learning.

7.12 	EFFECTIVE DATE. This section is effective the day following final enactment.

7.13 	Sec. 7. Minnesota Statutes 2010, section 122A.60, is amended to read:
7.14 	122A.60 STAFF DEVELOPMENT PROGRAM.
7.15 		Subdivision 1.Staff development committee. A school board must use the revenue 
7.16 	authorized in section 122A.61 for in-service education for programs under section 
7.17 	120B.22, subdivision 2, or for staff development and teacher training plans under this 
7.18 	section. The board must establish an advisory staff development committee to develop the 
7.19 	plan, assist site professional development teams in developing a site plan consistent with 
7.20 	the goals of the plan, and evaluate staff development efforts at the site level. A majority 
7.21 	of the advisory committee and the site professional development team must be teachers 
7.22 	representing various grade levels, subject areas, and special education. The advisory 
7.23 	committee must also include nonteaching staff, parents, and administrators.
7.24 		Subd. 1a.Effective staff development activities. (a) Staff development activities 
7.25 	must be aligned with district and school site staff development plans, based on student 
7.26 	achievement and growth data, and focused on student learning goals. Activities must:
7.27 	(1) focus on the school classroom and research-based scientifically based research
7.28 	strategies that improve student learning;
7.29 	(2) provide opportunities for teachers to practice and improve their instructional 
7.30 	skills over time and receive instructional-based observations using objective 
7.31 	standards-based assessments to assist in the professional growth process;
7.32 	(3) provide regular opportunities for teachers to use student data as part of their 
7.33 	daily work to increase student achievement;
7.34 	(4) enhance teacher content knowledge and instructional skills;
8.1 	(5) align with state and local academic standards;
8.2 	(6) provide job-embedded or integrated professional development opportunities 
8.3 	during the teacher contract day to build professional relationships, foster collaboration 
8.4 	among principals and staff who provide instruction to identify instructional strategies 
8.5 	to meet students' learning goals, plan instruction, practice new teaching strategies, 
8.6 	and review the results of implementing those strategies, and provide opportunities for 
8.7 	teacher-to-teacher coaching and mentoring; and
8.8 	(7) align with the plan of the district or site for those participating in an alternative 
8.9 	teacher professional pay system under section 122A.414.
8.10 	Staff development activities also may include curriculum development and curriculum 
8.11 	training programs, and activities that provide teachers and other members of site-based 
8.12 	teams training to enhance team performance. The school district also may implement other 
8.13 	staff development activities required by law and activities associated with professional 
8.14 	teacher compensation models.
8.15 	(b) Release time provided for teachers to supervise students on field trips and school 
8.16 	activities, or independent tasks not associated with enhancing the teacher's knowledge 
8.17 	and instructional skills, such as preparing report cards, calculating grades, or organizing 
8.18 	classroom materials, may not be counted as staff development time that is financed with 
8.19 	staff development reserved revenue under section 122A.61.
8.20 		Subd. 2.Contents of plan. The plan must be based on student achievement 
8.21 	and growth and include student learning goals, the staff development outcomes under 
8.22 	subdivision 3, the means to achieve the outcomes, and procedures for evaluating progress 
8.23 	at each school site toward meeting education outcomes, consistent with relicensure 
8.24 	requirements under section 122A.18, subdivision 4. The plan also must:
8.25 	(1) support stable and productive professional communities achieved through 
8.26 	ongoing and schoolwide progress and growth in teaching practice;
8.27 	(2) emphasize coaching, professional learning communities, classroom action 
8.28 	research, and other job-embedded models;
8.29 	(3) maintain a strong subject matter focus premised on students' learning goals;
8.30 	(4) ensure specialized preparation and learning about issues related to teaching 
8.31 	students with special needs and limited English proficiency; and
8.32 	(5) reinforce national and state standards of effective teaching practice.
8.33 		Subd. 3.Staff development outcomes. The advisory staff development committee 
8.34 	must adopt a staff development plan increasing teacher effectiveness and student learning 
8.35 	and for improving student achievement. The plan must be consistent with education 
8.36 	outcomes that the school board determines. The plan must include ongoing staff 
9.1 	development activities that contribute toward continuous improvement in achievement of 
9.2 	the following goals:
9.3 	(1) improve student achievement of state and local education academic standards in 
9.4 	all areas of the curriculum by using best practices methods and benchmark assessments 
9.5 	aligned with academic standards;
9.6 	(2) effectively meet the needs of a diverse student population, including at-risk 
9.7 	children, children with disabilities, and gifted children, within the regular classroom 
9.8 	and other settings;
9.9 	(3) provide an inclusive curriculum for a racially, ethnically, and culturally diverse 
9.10 	student population that is consistent with the state education diversity rule and the district's 
9.11 	education diversity plan;
9.12 	(4) improve staff collaboration and develop mentoring and peer coaching programs 
9.13 	for teachers new to the school or district in their first five years of teaching;
9.14 	(5) effectively teach and model violence prevention policy and curriculum that 
9.15 	address early intervention alternatives, issues of harassment, and teach nonviolent 
9.16 	alternatives for conflict resolution; and
9.17 	(6) provide teachers and other members of site-based management teams with 
9.18 	appropriate management and financial management skills.
9.19 		Subd. 4.Staff development report. (a) By October 15 1 of each year, the district 
9.20 	and site staff development committees shall write and submit a report of staff development 
9.21 	activities and expenditures for the previous year, in the form and manner determined by 
9.22 	the commissioner. The report, signed by the district superintendent and staff development 
9.23 	chair, must include assessment and evaluation data indicating progress toward district and 
9.24 	site staff development goals based on teaching and learning outcomes, including the 
9.25 	percentage of teachers and other staff involved in instruction who participate in effective 
9.26 	staff development activities under subdivision 3.
9.27 	(b) The report must break down expenditures for:
9.28 	(1) curriculum development and curriculum training programs; and
9.29 	(2) staff development training models, workshops, and conferences, and the cost of 
9.30 	releasing teachers or providing substitute teachers for staff development purposes.
9.31 	The report also must indicate whether the expenditures were incurred at the district 
9.32 	level or the school site level, and whether the school site expenditures were made possible 
9.33 	by grants to school sites that demonstrate exemplary use of allocated staff development 
9.34 	revenue. These expenditures must be reported using the uniform financial and accounting 
9.35 	and reporting standards.
10.1 	(c) The commissioner shall report the staff development progress and expenditure 
10.2 	data to the house of representatives and senate committees having jurisdiction over 
10.3 	education by February 15 each year.

10.4 	EFFECTIVE DATE. This section is effective for the 2013-2014 school year and 
10.5 	later.

10.6 	Sec. 8. Minnesota Statutes 2010, section 122A.61, subdivision 1, is amended to read:
10.7 		Subdivision 1.Staff development revenue. A district is required to reserve 
10.8 	an amount equal to at least two percent of the basic revenue under section 126C.10, 
10.9 	subdivision 2, for in-service education for programs under section 120B.22, subdivision 2, 
10.10 	for with the primary purpose of creating and implementing district and school site staff 
10.11 	development plans, including. Funds also may be used to support plans for challenging 
10.12 	instructional activities and experiences under section 122A.60, and for curriculum 
10.13 	development and programs, other in-service education, teachers' workshops, teacher 
10.14 	conferences, the cost of substitute teachers staff development purposes, preservice and 
10.15 	in-service education for special education professionals and paraprofessionals, and other 
10.16 	related costs for staff development efforts. A district may annually waive the requirement 
10.17 	to reserve their basic revenue under this section if a majority vote of the licensed teachers 
10.18 	in the district and a majority vote of the school board agree to a resolution to waive the 
10.19 	requirement. A district in statutory operating debt is exempt from reserving basic revenue 
10.20 	according to this section. Districts may expend an additional amount of unreserved 
10.21 	revenue for staff development based on their needs. With the exception of amounts 
10.22 	reserved for staff development from revenues allocated directly to school sites, the board 
10.23 	must initially allocate 50 percent of the reserved revenue to each school site in the district 
10.24 	on a per teacher basis, which must be retained by the school site until used. The board may 
10.25 	retain 25 percent to be used for district wide staff development efforts. The remaining 
10.26 	25 percent of the revenue must be used to make grants to school sites for best practices 
10.27 	methods. A grant may be used for any purpose authorized under section 120B.22, 
10.28 	subdivision 2, or122A.60, or for the costs of curriculum development and programs, 
10.29 	other in-service education, teachers' workshops, teacher conferences, substitute teachers 
10.30 	for staff development purposes, and other staff development efforts, and determined by 
10.31 	the site professional development team. The site professional development team must 
10.32 	demonstrate to the school board the extent to which staff at the site have met the outcomes 
10.33 	of the program. The board may withhold a portion of initial allocation of revenue if the 
10.34 	staff development outcomes are not being met. 

11.1 	EFFECTIVE DATE. This section is effective for the 2013-2014 school year and 
11.2 	later.

11.3 	Sec. 9. [122A.73] SCHOOL ADMINISTRATOR DEVELOPMENT.
11.4 	A school board and the school administrators in a district must collaboratively 
11.5 	establish a professional development model for school administrators that uses the 
11.6 	district's professional development resources, including those resources under sections 
11.7 	122A.414, if applicable, 122A.60, and 122A.61. The professional development model 
11.8 	must, at a minimum:
11.9 	(1) provide professional development to accurately and effectively evaluate teachers 
11.10 	under section 122A.411;
11.11 	(2) provide professional development to better recommend appropriate professional 
11.12 	development strategies for teachers;
11.13 	(3) make appropriate recommendations for principals to participate in development 
11.14 	opportunities, including the Principals' Leadership Institute under section 122A.74 or 
11.15 	other statewide development programs; and
11.16 	(4) provide professional development opportunities targeted to identifying systemic 
11.17 	strengths and weaknesses within a school.

11.18 	EFFECTIVE DATE. This section is effective July 1, 2012.

11.19 	Sec. 10. APPRAISAL IMPLEMENTATION TIMELINE.
 11.20 	Consistent with Minnesota Statutes, section 122A.411, districts and charter schools 
11.21 	shall implement the teacher appraisal framework according to the following timeline:
11.22 	(1) in the 2011-2012 school year, develop an appraisal framework and a system 
11.23 	to collect data;
11.24 	(2) in the 2012-2013 school year, implement the teacher appraisal framework and 
11.25 	data collection system as a pilot program; and
11.26 	(3) beginning in the 2013-2014 school year, fully implement the teacher appraisal 
11.27 	framework and data collection system.

11.28 	EFFECTIVE DATE. This section is effective the day following final enactment.

11.29 	ARTICLE 2
11.30 	TEACHER EMPLOYMENT

11.31 	Section 1. Minnesota Statutes 2010, section 120B.36, subdivision 1, is amended to read:
12.1 		Subdivision 1.School performance report cards. (a) The commissioner 
12.2 	shall report student academic performance under section 120B.35, subdivision 2; the 
12.3 	percentages of students showing low, medium, and high growth under section 120B.35, 
12.4 	subdivision 3, paragraph (b); school safety and student engagement and connection 
12.5 	under section 120B.35, subdivision 3, paragraph (d); rigorous coursework under section 
12.6 	120B.35, subdivision 3, paragraph (c); two separate student-to-teacher ratios that clearly 
12.7 	indicate the definition of teacher consistent with sections 122A.06 and 122A.15 for 
12.8 	purposes of determining these ratios; staff characteristics excluding salaries; the number 
12.9 	of teachers in each performance effectiveness rating category under section 122A.411, 
12.10 	subdivision 3, by school site; student enrollment demographics; district mobility; and 
12.11 	extracurricular activities. The report also must indicate a school's adequate yearly progress 
12.12 	status, and must not set any designations applicable to high- and low-performing schools 
12.13 	due solely to adequate yearly progress status.
12.14 	(b) The commissioner shall develop, annually update, and post on the department 
12.15 	Web site school performance report cards.
12.16 	(c) The commissioner must make available performance report cards by the 
12.17 	beginning of each school year.
12.18 	(d) A school or district may appeal its adequate yearly progress status in writing to 
12.19 	the commissioner within 30 days of receiving the notice of its status. The commissioner's 
12.20 	decision to uphold or deny an appeal is final.
12.21 	(e) School performance report card data are nonpublic data under section 13.02, 
12.22 	subdivision 9, until not later than ten days after the appeal procedure described in 
12.23 	paragraph (d) concludes. The department shall annually post school performance report 
12.24 	cards to its public Web site no later than September 1.

12.25 	EFFECTIVE DATE. This section is effective July 1, 2014.

12.26 	Sec. 2. Minnesota Statutes 2010, section 122A.40, subdivision 5, is amended to read:
12.27 		Subd. 5.Probationary period. (a) The first three consecutive years of a teacher's 
12.28 	first teaching experience in Minnesota in a single district is deemed to be a probationary 
12.29 	period of employment, and after completion thereof, the probationary period in each 
12.30 	district in which the teacher is thereafter employed shall be one year. The school board 
12.31 	must issue an annual employment contract and adopt a plan for written evaluation of 
12.32 	teachers during the probationary period that complies with section 122A.411. During the 
12.33 	first 60 school days only of a probationary teacher's first year of employment, the board 
12.34 	may terminate the teacher at will. Evaluation must occur at least three times each year for a 
12.35 	teacher performing services on 120 or more school days, at least two times each year for a 
13.1 	teacher performing services on 60 to 119 school days, and at least one time each year for a 
13.2 	teacher performing services on fewer than 60 school days. Days devoted to parent-teacher 
13.3 	conferences, teachers' workshops, and other staff development opportunities and days on 
13.4 	which a teacher is absent from school must not be included in determining the number 
13.5 	of school days on which a teacher performs services. Except as otherwise provided in 
13.6 	paragraph (b), during the probationary period any annual contract with any teacher may or 
13.7 	may not be renewed as the school board shall see fit. However, The board must give any 
13.8 	such probationary teacher whose contract it declines to renew for the following school 
13.9 	year written notice to that effect before July 1. If the teacher requests reasons for any 
13.10 	nonrenewal of a teaching contract, the board must give the teacher its reason in writing, 
13.11 	including a statement that appropriate supervision was furnished describing the nature and 
13.12 	the extent of such supervision furnished the teacher during the employment by the board, 
13.13 	within ten days after receiving such request. The school board may, after a hearing held 
13.14 	upon due notice, discharge a teacher during the probationary period for cause, effective 
13.15 	immediately, under section 122A.44.
13.16 	(b) A board must discharge a probationary teacher, effective immediately, upon 
13.17 	receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's 
13.18 	license has been revoked due to a conviction for child abuse or sexual abuse.
13.19 	(c) A probationary teacher whose first three years of consecutive employment are 
13.20 	interrupted for active military service and who promptly resumes teaching consistent with 
13.21 	federal reemployment timelines for uniformed service personnel under United States 
13.22 	Code, title 38, section 4312(e), is considered to have a consecutive teaching experience 
13.23 	for purposes of paragraph (a).
13.24 	(d) A probationary teacher must complete at least 60 days of teaching service each 
13.25 	year during the probationary period. Days devoted to parent-teacher conferences, teachers' 
13.26 	workshops, and other staff development opportunities and days on which a teacher is 
13.27 	absent from school do not count as days of teaching service under this paragraph.
13.28 	(e) A district must decide whether to issue a contract to a probationary classroom 
13.29 	teacher at the end of the teacher's probationary period based on:
13.30 	(1) the teacher's professional growth plan based on standards of effective professional 
13.31 	practice, student learning goals, and teacher evaluations under this subdivision that 
13.32 	comply with section 122A.411;
13.33 	(2) the teacher's appraisal results and performance effectiveness rating under section 
13.34 	122A.411; and
13.35 	(3) other locally selected criteria aligned to instructional practices in teaching and 
13.36 	learning.

14.1 	EFFECTIVE DATE. This section is effective for the 2014-2015 school year and 
14.2 	later.

14.3 	Sec. 3. Minnesota Statutes 2010, section 122A.40, subdivision 7, is amended to read:
14.4 		Subd. 7.Termination of contract after probationary period. (a) A teacher who 
14.5 	has completed a probationary period in any district, and who has not been discharged or 
14.6 	advised of a refusal to renew the teacher's contract under subdivision 5, shall elect to have 
14.7 	a continuing renewable five-year contract with such the district where contract terms and 
14.8 	conditions, including salary and salary increases, are established based either on the length 
14.9 	of the school calendar or an extended school calendar under section 120A.415. Thereafter,
14.10 	The teacher's contract must remain in full force and effect, except as modified by mutual 
14.11 	consent of the board and the teacher, until terminated by a majority roll call vote of the full 
14.12 	membership of the board prior to April 1 upon one of the grounds specified in subdivision 
14.13 	9 or July 1 upon one of the grounds specified in subdivision 10 or 11, or until the teacher 
14.14 	is discharged pursuant to subdivision 13, or by the written resignation of the teacher 
14.15 	submitted prior to April 1. If an agreement as to the terms and conditions of employment 
14.16 	for the succeeding school year has not been adopted pursuant to the provisions of sections 
14.17 	179A.01 to 179A.25 prior to March 1, the teacher's right of resignation is extended to the 
14.18 	30th calendar day following the adoption of said the contract in compliance with under
14.19 	section 179A.20, subdivision 5. Such Written resignation by the teacher is effective as 
14.20 	of on June 30 if submitted prior to before that date and the teachers' teacher's right of 
14.21 	resignation for the next school year then beginning shall cease on July 15. 
14.22 	(b) Before a teacher's contract is terminated by the board, the board must notify 
14.23 	the teacher in writing and state its ground for the proposed termination in reasonable 
14.24 	detail together with a statement that the teacher may make a written request for a hearing 
14.25 	before the board within 14 days after receipt of such notification. If the grounds are those 
14.26 	specified in subdivision 9 or 13, the notice must also state a teacher may request arbitration 
14.27 	under subdivision 15. Within 14 days after receipt of this notification the teacher may 
14.28 	make a written request for a hearing before the board or an arbitrator and it shall be 
14.29 	granted upon reasonable notice to the teacher of the date set for hearing, before final action 
14.30 	is taken. If no hearing is requested within such period, it shall be deemed acquiescence by 
14.31 	the teacher to the board's action. Such The teacher's termination shall take effect at the 
14.32 	close of the school year in which the contract is terminated in the manner aforesaid must 
14.33 	comply with subdivision 9 or 13. Such A contract may be terminated at any time by mutual 
14.34 	consent of the board and the teacher and this section does not affect the powers of a board 
14.35 	to suspend, discharge, or demote a teacher under and pursuant to other provisions of law.
15.1 	(b) (c) A teacher electing to have a continuing contract based on the extended school 
15.2 	calendar under section 120A.415 must participate in staff development training under 
15.3 	subdivision 7a and shall receive an increased base salary.

15.4 	EFFECTIVE DATE. This section is effective for the 2014-2015 school year and 
15.5 	later.

15.6 	Sec. 4. Minnesota Statutes 2010, section 122A.40, is amended by adding a subdivision 
15.7 	to read:
15.8 		Subd. 7b.Teacher employment. (a) A school district must use a teacher appraisal 
15.9 	framework to make informed decisions about teacher development and performance. 
15.10 	Teachers must participate in ongoing professional development to improve teaching and 
15.11 	learning throughout a term of employment.
15.12 	(b) After completing the initial three-year probationary period without discharge, a 
15.13 	teacher who is reemployed by a school board continues in service and holds that position 
15.14 	during good behavior and efficient and competent service for a renewable five-year term. 
15.15 	The terms and conditions of a teacher's employment contract, including salary and salary 
15.16 	increases, must be based either on the length of the school year or an extended school 
15.17 	calendar under section 120A.415.
15.18 	(c) At the end of every five-year term, the school board either must continue or 
15.19 	terminate a teacher's employment based on:
15.20 	(1) a portfolio of the teacher's five-year professional growth plan based on standards 
15.21 	of professional practice, student learning, and successful teacher evaluations, consistent 
15.22 	with section 122A.411, that are conducted at least twice per year by a trained school 
15.23 	administrator;
15.24 	(2) the teacher's appraisal results and performance effectiveness rating under section 
15.25 	122A.411; and 
15.26 	(3) other locally selected criteria aligned to instructional practices in teaching and 
15.27 	learning.

15.28 	EFFECTIVE DATE. This section is effective for the 2014-2015 school year and 
15.29 	later.

15.30 	Sec. 5. Minnesota Statutes 2010, section 122A.40, subdivision 9, is amended to read:
15.31 		Subd. 9.Grounds for termination. (a) A continuing contract may be terminated, 
15.32 	effective at the close of the school year, upon any of the following grounds:
15.33 	(a) (1) inefficiency;
16.1 	(b) (2) neglect of duty, or persistent violation of school laws, rules, regulations, 
16.2 	or directives;
16.3 	(c) (3) conduct unbecoming a teacher which materially impairs the teacher's 
16.4 	educational effectiveness;
16.5 	(d) (4) other good and sufficient grounds rendering the teacher unfit to perform the 
16.6 	teacher's duties.; or
16.7 	(5) the teacher is ineffective under section 122A.411 and not recommended by the 
16.8 	district for continued employment under this section.
16.9 	(b) A contract must not be terminated upon one of the grounds specified in clause
16.10 	under paragraph (a), (b), (c), or (d), clause (5), unless the teacher fails to correct the 
16.11 	deficiency after being given written notice of the specific items of complaint and 
16.12 	reasonable time within which180 days after receiving the notice to remedy them.

16.13 	EFFECTIVE DATE. This section is effective for the 2014-2015 school year and 
16.14 	later.

16.15 	Sec. 6. Minnesota Statutes 2010, section 122A.40, subdivision 10, is amended to read:
16.16 		Subd. 10.Negotiated unrequested leave of absence. The school board and the 
16.17 	exclusive bargaining representative of the teachers may negotiate a plan providing for 
16.18 	unrequested leave of absence without pay or fringe benefits for as many teachers as may 
16.19 	be necessary because of discontinuance of position, lack of pupils, financial limitations, or 
16.20 	merger of classes caused by consolidation of districts. Failing to successfully negotiate 
16.21 	such a plan, the provisions of subdivision 11 shall apply. The negotiated plan must not 
16.22 	include provisions which would result in the exercise of seniority by a teacher holding a 
16.23 	provisional license, other than a vocational education license, contrary to the provisions of 
16.24 	subdivision 11, clause (c), or the reinstatement of a teacher holding a provisional license, 
16.25 	other than a vocational education license, contrary to the provisions of subdivision 11, 
16.26 	clause (e). The provisions of section 179A.16 do not apply for the purposes of this 
16.27 	subdivision.

16.28 	EFFECTIVE DATE. This section is effective for the 2014-2015 school year and 
16.29 	later.

16.30 	Sec. 7. Minnesota Statutes 2010, section 122A.40, subdivision 11, is amended to read:
16.31 		Subd. 11.Unrequested leave of absence. (a) The board may place on unrequested 
16.32 	leave of absence, without pay or fringe benefits, as many teachers as may be necessary 
16.33 	because of discontinuance of position, lack of pupils, financial limitations, or merger of 
17.1 	classes caused by consolidation of districts. The unrequested leave is effective at the close 
17.2 	of the school year. In placing teachers on unrequested leave, the superintendent may 
17.3 	exempt from the effects of paragraphs (b) to (f) those teachers who, in the superintendent's 
17.4 	judgment, are able to provide instruction that similarly licensed teachers cannot provide or 
17.5 	whose subject area license meets unmet district needs for student instruction. The board is 
17.6 	governed by the following provisions: paragraphs (b) to (k).
17.7 	(a) The board may place probationary teachers on unrequested leave first in the 
17.8 	inverse order of their employment. A teacher who has acquired continuing contract rights 
17.9 	must not be placed on unrequested leave of absence while probationary teachers are 
17.10 	retained in positions for which the teacher who has acquired continuing contract rights is 
17.11 	licensed;
17.12 	(b) Teachers who have acquired continuing contract rights shall be placed on 
17.13 	unrequested leave of absence in fields in which they are licensed in the following order:
17.14 	(1) teachers with a "needs improvement" or "ineffective" rating under section 
17.15 	122A.411 in the inverse order in which they were employed by the school district.;
17.16 	(2) teachers with an "average" rating under section 122A.411 with four or more 
17.17 	years of teaching experience in the inverse order in which they were employed by the 
17.18 	school district;
17.19 	(3) teachers with an "effective" rating under section 122A.411 with fewer than 
17.20 	four years of teaching experience in the inverse order in which they were employed by 
17.21 	the school district;
17.22 	(4) teachers with a "highly effective" rating under section 122A.411 in the inverse 
17.23 	order in which they were employed by the school district;
17.24 	(5) teachers with a "distinguished" rating under section 122A.411 in the inverse 
17.25 	order in which they were employed by the school district; and
17.26 	(6) teachers with an "exemplary" rating under section 122A.411 in the inverse order 
17.27 	in which they were employed by the school district.
17.28 	(c) In the case of equal seniority within a clause of paragraph (b), the order in which 
17.29 	teachers who have acquired continuing contract rights shall be placed on unrequested 
17.30 	leave of absence in fields in which they are licensed is negotiable;.
17.31 	(c) Notwithstanding the provisions of clause (b), a teacher is not entitled to exercise 
17.32 	any seniority when that exercise results in that teacher being retained by the district in a 
17.33 	field for which the teacher holds only a provisional license, as defined by the board of 
17.34 	teaching, unless that exercise of seniority results in the placement on unrequested leave of 
17.35 	absence of another teacher who also holds a provisional license in the same field. The 
17.36 	provisions of this clause do not apply to vocational education licenses;
18.1 	(d) Notwithstanding clauses (a), paragraphs (b) and (c), if the placing of a 
18.2 	probationary teacher on unrequested leave before a teacher who has acquired continuing 
18.3 	rights, the placing of a teacher who has acquired continuing contract rights on unrequested 
18.4 	leave before another teacher who has acquired continuing contract rights but who has 
18.5 	greater seniority, or the restriction restrictions imposed by the provisions of clause
18.6 	paragraph (b) or (c) would place the district in violation of its affirmative action program, 
18.7 	the district may retain the probationary teacher, the teacher with less seniority, or the 
18.8 	provisionally licensed teacher; with a lower designated status or less seniority.
18.9 	(e) Teachers placed on unrequested leave of absence must be reinstated to the 
18.10 	positions from which they have been given leaves of absence or, if not available, to 
18.11 	other available positions in the school district in fields in which they are licensed. 
18.12 	Reinstatement must be in the inverse order of placement on leave of absence. A teacher 
18.13 	must not be reinstated to a position in a field in which the teacher holds only a provisional 
18.14 	license, other than a vocational education license, while another teacher who holds a 
18.15 	nonprovisional license in the same field remains on unrequested leave. The order of 
18.16 	reinstatement of teachers who have equal seniority and who are placed on unrequested 
18.17 	leave in the same school year is negotiable;.
18.18 	(f) Appointment of a new teacher must not be made while there is available, on 
18.19 	unrequested leave, a teacher who is properly licensed to fill such vacancy, unless the 
18.20 	teacher fails to advise the school board within 30 days of the date of notification that a 
18.21 	position is available to that teacher who may return to employment and assume the duties 
18.22 	of the position to which appointed on a future date determined by the board;.
18.23 	(g) A teacher placed on unrequested leave of absence may engage in teaching or any 
18.24 	other occupation during the period of this leave;.
18.25 	(h) The unrequested leave of absence must not impair the continuing contract rights 
18.26 	of a teacher or result in a loss of credit for previous years of service;.
18.27 	(i) The unrequested leave of absence of a teacher who is placed on unrequested leave 
18.28 	of absence and who is not reinstated shall continue for a period of five years until that 
18.29 	teacher's contract expires under subdivision 7b, after which the right to reinstatement shall 
18.30 	terminate. The teacher's right to reinstatement shall also terminate if the teacher fails to 
18.31 	file with the board by April 1 of any year a written statement requesting reinstatement;.
18.32 	(j) The same provisions applicable to terminations of probationary or continuing 
18.33 	contracts in subdivisions 5 and 7 must apply to placement on unrequested leave of 
18.34 	absence;.
19.1 	(k) Nothing in this subdivision shall be construed to impair the rights of teachers 
19.2 	placed on unrequested leave of absence to receive unemployment benefits if otherwise 
19.3 	eligible.

19.4 	EFFECTIVE DATE. This section is effective for the 2014-2015 school year and 
19.5 	later.

19.6 	Sec. 8. Minnesota Statutes 2010, section 122A.41, subdivision 2, is amended to read:
19.7 		Subd. 2.Probationary period; discharge or demotion. (a) All teachers in 
19.8 	the public schools in cities of the first class during the first three years of consecutive 
19.9 	employment shall be deemed to be in a probationary period of employment during which 
19.10 	period any annual contract with any teacher may, or may not, be renewed as the school 
19.11 	board, after consulting with the peer review committee charged with evaluating the 
19.12 	probationary teachers under subdivision 3, shall see fit. The school site management team 
19.13 	or the school board if there is no school site management team, shall issue an annual 
19.14 	employment contract and adopt a plan for a written evaluation of teachers during the 
19.15 	probationary period according to subdivision 3 that is consistent with section 122A.411. 
19.16 	During the first 60 days only of a probationary teacher's first year of employment, the 
19.17 	board may terminate the teacher at will. Evaluation by the peer review committee charged 
19.18 	with evaluating of probationary teachers under subdivision 3 shall occur at least three 
19.19 	times each year for a teacher performing services on 120 or more school days, at least 
19.20 	two times each year for a teacher performing services on 60 to 119 school days, and 
19.21 	at least one time each year for a teacher performing services on fewer than 60 school 
19.22 	days. Days devoted to parent-teacher conferences, teachers' workshops, and other staff 
19.23 	development opportunities and days on which a teacher is absent from school shall not be 
19.24 	included in determining the number of school days on which a teacher performs services. 
19.25 	The school board may, during such probationary period, discharge or demote a teacher 
19.26 	for any of the causes as specified in this code. A written statement of the cause of such 
19.27 	discharge or demotion shall be given to the teacher by the school board at least 30 days 
19.28 	before such removal or demotion shall become effective, and the teacher so notified shall 
19.29 	have no right of appeal therefrom.
19.30 	(b) A probationary teacher whose first three years of consecutive employment are 
19.31 	interrupted for active military service and who promptly resumes teaching consistent with 
19.32 	federal reemployment timelines for uniformed service personnel under United States 
19.33 	Code, title 38, section 4312(e), is considered to have a consecutive teaching experience 
19.34 	for purposes of paragraph (a).
20.1 	(c) A probationary teacher must complete at least 60 days of teaching service each 
20.2 	year during the probationary period. Days devoted to parent-teacher conferences, teachers' 
20.3 	workshops, and other staff development opportunities and days on which a teacher is 
20.4 	absent from school do not count as days of teaching service under this paragraph.
20.5 	(d) A district must decide whether to issue a contract to a probationary classroom 
20.6 	teacher at the end of the teacher's probationary period based on:
20.7 	(1) a portfolio of the teacher's professional growth plan based on standards of 
20.8 	effective professional practice, student learning goals, and successful teacher evaluations, 
20.9 	consistent with section 122A.411, that are conducted at least twice per year by a trained 
20.10 	school administrator;
20.11 	(2) the teacher's appraisal results and performance effectiveness rating under section 
20.12 	122A.411; and
20.13 	(3) other locally selected criteria aligned to instructional practices in teaching and 
20.14 	learning.

20.15 	EFFECTIVE DATE. This section is effective for the 2014-2015 school year and 
20.16 	later.

20.17 	Sec. 9. Minnesota Statutes 2010, section 122A.41, subdivision 4, is amended to read:
20.18 		Subd. 4.Period of service after probationary period; discharge or demotion
20.19 	Teacher employment. (a) A school district must use a teacher appraisal framework 
20.20 	to make informed decisions about teacher development and performance. Teachers 
20.21 	must participate in ongoing professional development to improve teaching and learning 
20.22 	throughout a term of employment.
20.23 	(b) After the completion of such completing the initial three-year probationary 
20.24 	period, without discharge, such teachers as are thereupon a teacher who is reemployed 
20.25 	shall continue in service and hold their respectivethat position during good behavior and 
20.26 	efficient and competent service for a renewable five-year term and must not be discharged 
20.27 	or demoted except for cause after a hearing. The terms and conditions of a teacher's 
20.28 	employment contract, including salary and salary increases, must be based either on the 
20.29 	length of the school year or an extended school calendar under section 120A.415. 
20.30 	(b) (c) A probationary teacher is deemed to have been reemployed for the ensuing 
20.31 	school year, unless the school board in charge of such school gave such teacher notice in 
20.32 	writing before July 1 of the termination of such employment.
20.33 	(c) (d) A teacher electing to have an employment contract based on the extended 
20.34 	school calendar under section 120A.415 must participate in staff development training 
20.35 	under subdivision 4a and shall receive an increased base salary. 
21.1 	(e) At the end of every five-year term, the school board must either continue or 
21.2 	terminate a teacher's employment based on:
21.3 	(1) a portfolio of the teacher's five-year professional growth plan based on standards 
21.4 	of professional practice, student learning, and successful teacher evaluations, consistent 
21.5 	with section 122A.411, that are conducted at least twice per year by a trained school 
21.6 	administrator;
21.7 	(2) the teacher's appraisal results and performance effectiveness rating under section 
21.8 	122A.411; and 
21.9 	(3) other locally selected criteria aligned to instructional practices in teaching and 
21.10 	learning.

21.11 	EFFECTIVE DATE. This section is effective for the 2014-2015 school year and 
21.12 	later.

21.13 	Sec. 10. Minnesota Statutes 2010, section 122A.41, subdivision 6, is amended to read:
21.14 		Subd. 6.Grounds for discharge or demotion. (a) Except as otherwise provided 
21.15 	in paragraph (b), causes for the discharge or demotion of a teacher either during or after 
21.16 	the probationary period must be:
21.17 	(1) immoral character, conduct unbecoming a teacher, or insubordination;
21.18 	(2) failure without justifiable cause to teach without first securing the written release 
21.19 	of the school board having the care, management, or control of the school in which the 
21.20 	teacher is employed;
21.21 	(3) inefficiency in teaching or in the management of a school;
21.22 	(4) affliction with active tuberculosis or other communicable disease must be 
21.23 	considered as cause for removal or suspension while the teacher is suffering from such 
21.24 	disability; or
21.25 	(5) discontinuance of position or lack of pupils.; or
21.26 	(6) the teacher is ineffective under section 122A.411 and not recommended by the 
21.27 	district for employment under this section.
21.28 	For purposes of this paragraph, conduct unbecoming a teacher includes an unfair 
21.29 	discriminatory practice described in section 363A.13. A contract must not be discharged 
21.30 	on the grounds specified in clause (6) unless the teacher fails to correct the deficiency 
21.31 	after being given written notice of the specific items of complaint and 180 days within 
21.32 	which to remedy them.
21.33 	(b) A probationary or continuing-contract teacher must be discharged immediately 
21.34 	upon receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the 
21.35 	teacher's license has been revoked due to a conviction for child abuse or sexual abuse. 

22.1 	EFFECTIVE DATE. This section is effective for the 2014-2015 school year and 
22.2 	later.

22.3 	Sec. 11. Minnesota Statutes 2010, section 122A.41, subdivision 14, is amended to read:
22.4 		Subd. 14.Services terminated by discontinuance or lack of pupils; preference 
22.5 	given. (a) A teacher whose services are terminated on account of discontinuance of 
22.6 	position or lack of pupils must receive first consideration for other positions in the district 
22.7 	for which that teacher is qualified. In the event it becomes necessary to discontinue one 
22.8 	or more positions, in making such discontinuance, teachers must be discontinued in any 
22.9 	department in the following order:
22.10 	(1) teachers with a "needs improvement" or "ineffective" rating under section 
22.11 	122A.411 in the inverse order in which they were employed, unless a board and the 
22.12 	exclusive representative of teachers in the district negotiate a plan providing otherwise.;
22.13 	(b) Notwithstanding the provisions of clause (a), a teacher is not entitled to exercise 
22.14 	any seniority when that exercise results in that teacher being retained by the district in 
22.15 	a field for which the teacher holds only a provisional license, as defined by the Board 
22.16 	of Teaching, unless that exercise of seniority results in the termination of services, on 
22.17 	account of discontinuance of position or lack of pupils, of another teacher who also 
22.18 	holds a provisional license in the same field. The provisions of this clause do not apply 
22.19 	to vocational education licenses.
22.20 	(c) Notwithstanding the provisions of clause (a), a teacher must not be reinstated 
22.21 	to a position in a field in which the teacher holds only a provisional license, other than a 
22.22 	vocational education license, while another teacher who holds a nonprovisional license in 
22.23 	the same field is available for reinstatement.
22.24 	(2) teachers with an "average" rating under section 122A.411 with four or more 
22.25 	years of teaching experience in the inverse order in which they were employed by the 
22.26 	school district;
22.27 	(3) teachers with an "effective" rating under section 122A.411 with fewer than 
22.28 	four years of teaching experience in the inverse order in which they were employed by 
22.29 	the school district;
22.30 	(4) teachers with a "highly effective" rating under section 122A.411 in the inverse 
22.31 	order in which they were employed by the school district;
22.32 	(5) teachers with a "distinguished" rating under section 122A.411 in the inverse 
22.33 	order in which they were employed by the school district; and
22.34 	(6) teachers with an "exemplary" rating under section 122A.411 in the inverse order 
22.35 	in which they were employed by the school district.
23.1 	The superintendent may exempt from the effects of this subdivision those teachers 
23.2 	who, in the superintendent's judgment, are able to provide instruction that similarly 
23.3 	licensed teachers cannot provide or whose subject area license meets unmet district needs 
23.4 	for student instruction.

23.5 	EFFECTIVE DATE. This section is effective for the 2014-2015 school year and 
23.6 	later.

23.7 	Sec. 12. [122A.418] TEACHER EFFECTIVENESS-BASED BONUSES.
23.8 	(a) A teacher with a "distinguished" rating under section 122A.411 shall receive an 
23.9 	annual bonus equal to ten percent of the teacher's base salary until the teacher no longer 
23.10 	has a "distinguished" rating.
23.11 	(b) A teacher with an "exemplary" rating under section 122A.411 shall receive an 
23.12 	annual bonus equal to 20 percent of the teacher's base salary until the teacher no longer 
23.13 	has an "exemplary" rating.

23.14 	EFFECTIVE DATE. This section is effective July 1, 2019.

23.15 	Sec. 13. Minnesota Statutes 2010, section 123B.09, subdivision 8, is amended to read:
23.16 		Subd. 8.Duties. The board must superintend and manage the schools of the 
23.17 	district; adopt rules for their organization, government, and instruction; keep registers; 
23.18 	and prescribe textbooks and courses of study. The board may enter into an agreement 
23.19 	with a postsecondary institution for secondary or postsecondary nonsectarian courses 
23.20 	to be taught at a secondary school, nonsectarian postsecondary institution, or another 
23.21 	location. Consistent with section 122A.40, subdivision 10, or 122A.41, subdivision 14, as 
23.22 	applicable, the board must not enter into an agreement that limits a district superintendent's 
23.23 	ability to assign and reassign teachers or administrators to the schools in which the 
23.24 	teachers will teach or the administrators will administer to best meet student and school 
23.25 	needs as determined by the superintendent.

23.26 	Sec. 14. Minnesota Statutes 2010, section 123B.143, subdivision 1, is amended to read:
23.27 		Subdivision 1.Contract; duties. All districts maintaining a classified secondary 
23.28 	school must employ a superintendent who shall be an ex officio nonvoting member of the 
23.29 	school board. The authority for selection and employment of a superintendent must be 
23.30 	vested in the board in all cases. An individual employed by a board as a superintendent 
23.31 	shall have an initial employment contract for a period of time no longer than three years 
23.32 	from the date of employment. Any subsequent employment contract must not exceed a 
24.1 	period of three years. A board, at its discretion, may or may not renew an employment 
24.2 	contract. A board must not, by action or inaction, extend the duration of an existing 
24.3 	employment contract. Beginning 365 days prior to the expiration date of an existing 
24.4 	employment contract, a board may negotiate and enter into a subsequent employment 
24.5 	contract to take effect upon the expiration of the existing contract. A subsequent contract 
24.6 	must be contingent upon the employee completing the terms of an existing contract. If a 
24.7 	contract between a board and a superintendent is terminated prior to the date specified in 
24.8 	the contract, the board may not enter into another superintendent contract with that same 
24.9 	individual that has a term that extends beyond the date specified in the terminated contract. 
24.10 	A board may terminate a superintendent during the term of an employment contract for any 
24.11 	of the grounds specified in section 122A.40, subdivision 9 or 13. A superintendent shall 
24.12 	not rely upon an employment contract with a board to assert any other continuing contract 
24.13 	rights in the position of superintendent under section 122A.40. Notwithstanding the 
24.14 	provisions of sections 122A.40, subdivision 10 or 11, 123A.32, 123A.75, or any other law 
24.15 	to the contrary, no individual shall have a right to employment as a superintendent based 
24.16 	on order of employment in any district. If two or more districts enter into an agreement for 
24.17 	the purchase or sharing of the services of a superintendent, the contracting districts have 
24.18 	the absolute right to select one of the individuals employed to serve as superintendent 
24.19 	in one of the contracting districts and no individual has a right to employment as the 
24.20 	superintendent to provide all or part of the services based on order of employment in a 
24.21 	contracting district. The superintendent of a district shall perform the following:
24.22 	(1) visit and supervise the schools in the district, report and make recommendations 
24.23 	about their condition when advisable or on request by the board;
24.24 	(2) recommend to the board employment and dismissal of teachers;
24.25 	(3) before the start of the school year, and at other times as needed, assign highly 
24.26 	effective, distinguished, and exemplary teachers, as defined in section 122A.411, to 
24.27 	schools to best meet student and school needs as determined by the superintendent;
24.28 	(4) superintend school grading practices and examinations for promotions;
24.29 	(4) (5) make reports required by the commissioner; and
24.30 	(5) (6) perform other duties prescribed by the board.

24.31 	Sec. 15. EFFECT OF TEACHER DIVERSITY ON STUDENT ACHIEVEMENT.
 24.32 	(a) The commissioner of education shall develop a request for proposal to study and 
24.33 	report on the impact that a culturally, racially, and ethnically diverse teaching faculty 
24.34 	has on the educational outcomes of minority students, including academic performance, 
25.1 	graduation rates, and participation in postsecondary programs. The study must control for 
25.2 	the level of teacher effectiveness.
25.3 	(b) The commissioner of education also shall develop a request for proposal to 
25.4 	evaluate and report on school district practices for recruiting a culturally, racially, and 
25.5 	ethnically diverse teaching faculty.
25.6 	(c) The commissioner must submit the reports under paragraphs (a) and (b) to the 
25.7 	education policy and finance committees of the legislature by February 1, 2015.

25.8 	EFFECTIVE DATE. This section is effective July 1, 2013. The study in paragraph 
25.9 	(a) may not begin until after the 2013-2014 school year.

25.10 	Sec. 16. ADVISORY TASK FORCE ON IMPLEMENTING TEACHER 
25.11 	EVALUATION STRUCTURE.
 25.12 	Consistent with Minnesota Statutes, section 122A.411, and related sections, the 
25.13 	commissioner of education shall convene a nine-member advisory task force to make 
25.14 	recommendations related to implementing the state's teacher evaluation structure. Task 
25.15 	force members shall include: one representative each from the Minnesota Chamber of 
25.16 	Commerce, the Minnesota Business Partnership, the Minnesota Assessment Group, the 
25.17 	Minnesota Association of School Administrators, and the Minnesota Elementary and 
25.18 	Secondary School Principals Association, appointed by the respective organizations; 
25.19 	two representatives from Education Minnesota, one of whom must be a currently 
25.20 	licensed classroom teacher teaching in a first class city school district, appointed by 
25.21 	Education Minnesota; and two parents of students currently enrolled in Minnesota public 
25.22 	schools, one of whom must be a parent of color, appointed by the Minnesota Parent 
25.23 	Teacher Organization. The commissioner or the commissioner's designee shall serve as 
25.24 	a nonvoting member of the task force and shall provide technical assistance to the task 
25.25 	force upon request. The task force must review the statutory sections that compose this act 
25.26 	and recommend to the commissioner any changes needed to fully implement the teacher 
25.27 	evaluation structure, including statutory changes to accomplish the recommendations. The 
25.28 	commissioner must report the task force recommendations to the education policy and 
25.29 	finance committees of the legislature by February 15, 2012. The advisory task force 
25.30 	expires June 1, 2012.

25.31 	EFFECTIVE DATE. This section is effective the day following final enactment.