HF 150

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to education finance; providing for
principled pay practices; site-based achievement
contracts; appropriating money; amending Minnesota
Statutes 2004, sections 122A.413; proposing coding for
new law in Minnesota Statutes, chapters 120B; 122A;
repealing Minnesota Statutes 2004, sections 122A.414;
122A.415.

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

ARTICLE 1

PRINCIPLED PAY PRACTICES

Section 1.

Minnesota Statutes 2004, section 122A.413, is
amended to read:

122A.413 EDUCATIONAL IMPROVEMENT PLAN.

Subdivision 1.

Qualifying plan.

A district may develop
an educational improvement plan for the purpose of qualifying
for deleted text begin alternative teacher compensation deleted text end new text begin principled pay practices
new text end aid under deleted text begin sections 122A.414 and 122A.415 deleted text end new text begin section 122A.4142 new text end . The
plan must include measures for improving school district, school
site, teacher, and individual student performance.

Subd. 2.

Plan components.

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

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

(2) performance goals and benchmarks for improvement;

(3) measures of student attendance and completion rates;

(4) a rigorous professional development system new text begin , consistent
with section 122A.60, new text end that is aligned with educational
improvement, designed to achieve teaching quality improvement,
and consistent with clearly defined research-based standards;

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

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

(7) a teacher induction and mentoring program for
probationary teachers that provides continuous learning and
sustained teacher support deleted text begin . The process for developing the plan
must involve district teachers deleted text end new text begin ; and
new text end

new text begin (8) substantial teacher participation in developing the
plan, including teachers selected by the exclusive
representative of the teachers new text end .

Subd. 3.

School site accountability.

A district that
develops a plan under subdivisions 1 and 2 must ensure that each
school site develops a board-approved educational improvement
plan that is aligned with the district educational improvement
plan under subdivision 2 new text begin and developed with teacher
participation consistent with subdivision 2, clause (8) new text end . While
a site plan must be consistent with the district educational
improvement plan, it may establish performance goals and
benchmarks that meet or exceed those of the district. deleted text begin The
process for developing the plan must involve site teachers.
deleted text end

Sec. 2.

new text begin [122A.4142] PRINCIPLED PAY PRACTICES FOR
TEACHERS.
new text end

new text begin Subdivision 1. new text end

new text begin Principled pay practices system. new text end

new text begin A school
district and the exclusive representative of the teachers may
adopt, by agreement, principled pay practices under subdivision
2 to provide incentives to attract and retain high-quality
teachers, encourage high-quality teachers to accept difficult
assignments, encourage teachers to improve their knowledge and
skills, and support teachers' roles in improving students'
educational achievement.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility for principled pay practices
aid. new text end

new text begin (a) To be eligible for principled pay practices aid, a
school district must submit to the department:
new text end

new text begin (1) a districtwide or site-based educational improvement
plan as described in section 122A.413;
new text end

new text begin (2) an executed collective bargaining agreement that
contains at least the following elements:
new text end

new text begin (i) a description of the conditions or actions necessary
for career advancement and additional compensation;
new text end

new text begin (ii) compensation provisions that base at least 60 percent
of any increase in compensation on performance and not on years
of service or the attainment of additional education or
training;
new text end

new text begin (iii) career advancement options for teachers retaining
primary roles in student instruction and for other members of
the bargaining unit;
new text end

new text begin (iv) incentives for teachers' continuous improvement in
content knowledge, pedagogy, and use of best practices;
new text end

new text begin (v) an objective evaluation program, including classroom or
performance observation, that is aligned with the district's or
site's educational improvement plan, and is a component of
determining performance;
new text end

new text begin (vi) provisions preventing any teacher's compensation from
being reduced as a result of implementing principled pay
practices;
new text end

new text begin (vii) provisions enabling any teacher in the district if
the principled pay practices are applied districtwide, or at a
site, if the practices apply only to a site, to participate in
the principled pay practices without limitations by quota or
other restrictions;
new text end

new text begin (viii) provisions encouraging collaboration among teachers
rather than competition; and
new text end

new text begin (ix) provisions for participation by all teachers in a
district, all teachers at a site, or at least 25 percent of the
teachers in a district.
new text end

new text begin (b) An agreement may contain different compensation
provisions for separate classifications of employees.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner approval. new text end

new text begin (a) Before concluding a
collective bargaining agreement, a district may submit a
proposed agreement and educational improvement plan for review,
comment, and preliminary approval by the commissioner. If the
plan and agreement are executed in the same form as
preliminarily approved by the commissioner, the plan and
agreement must be approved without further review.
new text end

new text begin (b) The application to the commissioner must contain a
formally adopted collective bargaining agreement, memorandum of
understanding, or other binding agreement that implements
principled pay practices consistent with this section.
new text end

new text begin (c) The commissioner's approval must be based on the
requirements established in subdivision 2. If the commissioner
does not approve an application, the notice to the school
district must provide details regarding the commissioner's
reason for rejecting the application.
new text end

new text begin (d) A school district that intends to apply for principled
pay practices aid for the first time must notify the
commissioner in writing by November 1 prior to the academic year
for which they intend to seek aid. The commissioner must
approve initial applications for school districts qualifying
under subdivision 4, paragraph (b), clause (1), by January 15 of
each year.
new text end

new text begin Subd. 4. new text end

new text begin Aid amount. new text end

new text begin (a) A school district that meets
the conditions of this section, as approved by the commissioner,
is eligible for principled pay practices aid.
new text end

new text begin (b) Principled pay practices aid for a qualifying school
district, site, or portion of a district or school site is as
follows:
new text end

new text begin (1) for a school district in which the school board and the
exclusive representative of the teachers agree to place all
teachers in the district or at the site in the principled pay
practices system, aid equals $150 times the district's or the
site's number of pupils enrolled on October 1 of the previous
fiscal year; or
new text end

new text begin (2) for a district in which the school board and the
exclusive representative of the teachers agree that at least 25
percent of the district's licensed teachers will be paid under
the principled pay practices system, aid equals $150 times the
percentage of participating teachers times the district's number
of pupils enrolled as of October 1 of the previous fiscal year.
new text end

new text begin Subd. 5. new text end

new text begin Percentage of teachers. new text end

new text begin For purposes of
subdivision 4, the percentage of teachers participating in the
principled pay practices system equals the ratio of the number
of licensed teachers who are working at least 60 percent of a
full-time teacher's hours and agree to participate in the
principled pay practices system to the total number of licensed
teachers who are working at least 60 percent of a full-time
teacher's hours.
new text end

new text begin Subd. 6. new text end

new text begin Aid timing. new text end

new text begin Districts or sites with approved
applications must receive principled pay practices aid for each
school year that the district or site participates in the
program.
new text end

new text begin Subd. 7. new text end

new text begin Annual aid appropriation. new text end

new text begin The amount necessary
for this purpose is appropriated annually from the general fund
to the commissioner of education for principled pay practices
aid under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year
2006 and thereafter.
new text end

Sec. 3.

new text begin [122A.4143] CLOSED CONTRACT.
new text end

new text begin A district and the exclusive representative of the teachers
may agree jointly to reopen a collective bargaining agreement in
order to enter into a principled pay practices system consistent
with section 122A.4142 and an educational improvement plan under
section 122A.413.
new text end

Sec. 4. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated in fiscal years 2006 and 2007 from
the general fund to the commissioner of education for principled
pay practices aid.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 122A.414 and 122A.415,
are repealed.
new text end

ARTICLE 2

SITE-BASED ACHIEVEMENT CONTRACTS

Section 1.

new text begin [120B.362] GRANTS FOR SITE-BASED ACHIEVEMENT
CONTRACTS.
new text end

new text begin Subdivision 1. new text end

new text begin Eligible schools. new text end

new text begin (a) The commissioner of
education shall award grants to public school sites to increase
student achievement and eliminate the achievement gap at the
school site.
new text end

new text begin (b) The commissioner shall select sites that meet the
following criteria:
new text end

new text begin (1) have at least 75 percent of enrollment eligible for
free or reduced-price lunch;
new text end

new text begin (2) have an enrollment where at least 75 percent of the
students are students of color; and
new text end

new text begin (3) have failed to meet adequate yearly progress for at
least two consecutive years.
new text end

new text begin (c) In order to be eligible for a grant under this section,
a public school site shall have an approved site decision-making
agreement under section 123B.04, including an achievement
contract under section 123B.04, subdivision 4. The site
decision-making team shall include the principal of the school
site.
new text end

new text begin (d) The site team shall have a plan approved by the school
board and shall also have an agreement with the exclusive
bargaining unit of the district to participate in this grant
program.
new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin (a) The applicant shall submit a
plan that will result in at least 80 percent of the students at
the site testing at a proficient level for their grade by the
end of the grant period of six years, with at least 60 percent
of the students testing at a proficient level for their grade at
the midpoint of the grant period.
new text end

new text begin (b) The site team shall include in its application a
detailed plan for using multiple objective and measurable
methods for tracking student achievement during the duration of
the grant and shall also include curriculum and academic
requirements that are rigorous and challenging for all
students. The site shall have the ability to return timely test
data to teachers and have a plan that demonstrates that the
teachers at the site can use the data to help improve curriculum
as well as monitor student achievement.
new text end

new text begin (c) The applicant shall have in its site-based plan an
agreement between the district and the exclusive bargaining unit
of the district that would give the site-based team increased
stability in the placement of teachers at the site. The
applicant shall include other innovative site-based personnel
decision-making items in its agreement that may include, but are
not limited to: hiring bonuses, additional ongoing
collaborative preparation time, on-site staff development,
hiring additional staff, and performance-based incentives.
new text end

new text begin (d) The site team shall also include in its application a
plan for a greater involvement of parents and the community in
the school, a plan for ensuring that each student at the site
can develop a meaningful relationship with at least one teacher
at the school site, and a clear approach to school safety,
including promoting respect for students and teachers.
new text end

new text begin Subd. 3. new text end

new text begin Grant awards. new text end

new text begin (a) The commissioner shall award
grants to a school site in three parts:
new text end

new text begin (1) one-third of the total grant amount is awarded at the
beginning of the grant agreement;
new text end

new text begin (2) one-third is awarded at the midpoint of the grant
agreement if the site has met the achievement goals established
in subdivision 2, paragraph (a); and
new text end

new text begin (3) one-third is awarded upon the completion of the grant
agreement if the site has met the achievement goals established
in subdivision 2, paragraph (a).
new text end

new text begin (b) The total grant award for a school site shall be at
least $150,000 and shall not exceed $500,000. The commissioner
shall determine the grant amount based on the number of students
enrolled at the site.
new text end

new text begin (c) The commissioner shall determine all other aspects of
the application and grant award process consistent with this
section.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin The commissioner shall report annually
by March 1 during the program, with a final report due by
January 15, 2011, to the house of representatives and senate
committees having jurisdiction over education on the progress of
the program, including at least improvement in student
achievement, the effect of innovative personnel decision making
on closing the achievement gap, and the characteristics of
highly effective teachers.
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 the 2005-2006 through
2011-2012 school years.
new text end

Sec. 2. new text begin APPROPRIATION.
new text end

new text begin $500,000 is appropriated in fiscal years 2006 and 2007 from
the general fund to the commissioner of education for site-based
achievement contracts.
new text end