Minnesota Legislature
HF 1173
as introduced - 87th Legislature (2011 - 2012) Posted on 03/16/2011 10:04am
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A bill for an act
relating to education; further clarifying professional development and evaluation
requirements for probationary and continuing contract teachers; amending
Minnesota Statutes 2010, sections 122A.40, subdivisions 5, 6, 8; 122A.41,
subdivisions 2, 3, 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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 adopt a plan for written evaluation of teachers during the probationary periodnew text begin that is
consistent with subdivision 8new text end . Evaluation must occur at least three times each year for a
teacher performing services on 120 or more school days, at least two times each year for a
teacher performing services on 60 to 119 school days, and at least one time each year for a
teacher performing services on fewer than 60 school days. Days devoted to parent-teacher
conferences, teachers' workshops, and other staff development opportunities and days on
which a teacher is absent from school must not be included in determining the number
of school days on which a teacher performs services. Except as otherwise provided in
paragraph (b), during the probationary period any annual contract with any teacher may
or may not be renewed as the school board shall see fit. However, the board must give
any such teacher whose contract it declines to renew for the following school year written
notice to that effect before July 1. If the teacher requests reasons for any nonrenewal
of a teaching contract, the board must give the teacher its reason in writing, including
a statement that appropriate supervision was furnished describing the nature and the
extent of such supervision furnished the teacher during the employment by the board,
within ten days after receiving such request. The school board may, after a hearing held
upon due notice, discharge a teacher during the probationary period for cause, effective
immediately, under section 122A.44.
(b) A board must discharge a probationary teacher, effective immediately, upon
receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's
license has been revoked due to a conviction for child abuse or sexual abuse.
(c) A probationary teacher whose first three years of consecutive employment are
interrupted for active military service and who promptly resumes teaching consistent with
federal reemployment timelines for uniformed service personnel under United States
Code, title 38, section 4312(e), is considered to have a consecutive teaching experience
for purposes of paragraph (a).
(d) A probationary teacher must complete at least 60 days of teaching service each
year during the probationary period. Days devoted to parent-teacher conferences, teachers'
workshops, and other staff development opportunities and days on which a teacher is
absent from school do not count as days of teaching service under this paragraph.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
and applies to all collective bargaining agreements ratified after that date.
new text end
Sec. 2.
Minnesota Statutes 2010, section 122A.40, subdivision 6, is amended to read:
Subd. 6.
Mentoring for probationary teachers.
A school board and an exclusive
representative of the teachers in the district must develop a probationary teacher peer
review process through joint agreementnew text begin that is consistent with subdivision 8new text end . 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 the day following final enactment
and applies to all collective bargaining agreements ratified after that date.
new text end
Sec. 3.
Minnesota Statutes 2010, section 122A.40, subdivision 8, is amended to read:
Subd. 8.
new text begin Development, evaluation, and new text end peer coaching for continuing contract
teachers.
new text begin (a) To improve student learning and success, new text end a school board and an exclusive
representative of the teachers in the district deleted text begin shalldeleted text end new text begin , consistent with paragraph (b), maynew text end
develop deleted text begin adeleted text end new text begin an annual teacher evaluation andnew text end peer review process for new text begin probationary and
new text end continuing contract teachers through joint agreement. new text begin If a school board and the exclusive
representative of the teachers in the district do not agree to an annual teacher evaluation
and peer review process, then the school board and the exclusive representative of the
teachers must implement the plan for evaluation and review developed under paragraph
(c) that is consistent with this subdivision. new text end The process deleted text begin maydeleted text end new text begin mustnew text end include having trained
observers serve as peer coaches or having teachers participate in professional learning
communitiesnew text begin , consistent with paragraph (b)new text end .
new text begin
(b) To develop, improve, and support qualified teachers and effective teaching
practices and improve student learning and success, the annual evaluation process for
teachers must:
new text end
new text begin
(1) for probationary teachers, provide for all evaluations required under subdivision
5;
new text end
new text begin
(2) establish a three-year professional evaluation cycle for each teacher that includes
an individual growth and development plan, a peer review process, the opportunity to
participate in a professional learning community under paragraph (a), and at least one
summative evaluation performed by a qualified and trained school administrator;
new text end
new text begin
(3) be based on professional teaching standards established in rule;
new text end
new text begin
(4) coordinate staff development activities under sections 122A.60 and 122A.61
with this evaluation process and teachers' evaluation outcomes;
new text end
new text begin
(5) provide time during the school day and school year for peer coaching and teacher
collaboration;
new text end
new text begin
(6) include mentoring and induction programs;
new text end
new text begin
(7) include an option for teachers to develop and present a portfolio demonstrating
evidence of reflection and professional growth, consistent with section 122A.18,
subdivision 4, paragraph (b), and include teachers' own performance assessment based on
student work samples and examples of teachers' work, which may include video among
other activities for the summative evaluation;
new text end
new text begin
(8) use longitudinal data on student academic growth, student attendance, student
engagement and connection, other outcome measures under section 120B.35, and other
measures of student learning explicitly aligned with the elements of curriculum for which
teachers are responsible;
new text end
new text begin
(9) require qualified and trained administrators to perform summative evaluations;
new text end
new text begin
(10) give teachers not meeting professional teaching standards under clause (3) or
other professional criteria sufficient support to improve through a teacher improvement
process that includes established goals and timelines; and
new text end
new text begin
(11) provide for a teacher not making adequate progress in the teacher improvement
process under clause (10) to be issued discipline that may include being issued a last
chance warning, terminated, discharged, not renewed, or otherwise subjected to discipline
that school administrators deem appropriate; transferred to a different position; or granted
a leave of absence to address issues of teacher effectiveness.
new text end
new text begin
(c) The department, in consultation with an equal number of teacher and
administrator representatives appointed by their respective organizations, representing the
Board of Teaching, the Minnesota Association of School Administrators, the Minnesota
School Boards Association, the Minnesota Elementary and Secondary Principals
Associations, Education Minnesota, and representatives of the Minnesota Assessment
Group and Minnesota postsecondary institutions with research expertise in teacher
evaluation, must create and publish a teacher evaluation process that complies with
the requirements in paragraph (b) and applies to all teachers under sections 122A.40
and 122A.41 for whom no agreement exists under paragraph (a) for an annual teacher
evaluation and peer review process. The teacher evaluation process created under this
subdivision does not create additional due process rights for probationary teachers under
subdivision 5.
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 all collective bargaining agreements ratified after that date.
new text end
Sec. 4.
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 during which
period any annual contract with any teacher may, or may not, be renewed as the school
board, after consulting with the peer review committee charged with evaluating the
probationary teachers under subdivision 3, shall see fit. The school site management team
or the school board if there is no school site management team, shall adopt a plan for a
written evaluation of teachers during the probationary period according to deleted text begin subdivisiondeleted text end new text begin
subdivisionsnew text end 3new text begin and 5new text end . Evaluation by the peer review committee charged with evaluating
probationary teachers under subdivision 3 shall occur at least three times each year for a
teacher performing services on 120 or more school days, at least two times each year for a
teacher performing services on 60 to 119 school days, and at least one time each year for a
teacher performing services on fewer than 60 school days. Days devoted to parent-teacher
conferences, teachers' workshops, and other staff development opportunities and days on
which a teacher is absent from school shall not be included in determining the number of
school days on which a teacher performs services. The school board may, during such
probationary period, discharge or demote a teacher for any of the causes as specified in
this code. A written statement of the cause of such discharge or demotion shall be given to
the teacher by the school board at least 30 days before such removal or demotion shall
become effective, and the teacher so notified shall have no right of appeal therefrom.
(b) A probationary teacher whose first three years of consecutive employment are
interrupted for active military service and who promptly resumes teaching consistent with
federal reemployment timelines for uniformed service personnel under United States
Code, title 38, section 4312(e), is considered to have a consecutive teaching experience
for purposes of paragraph (a).
(c) A probationary teacher must complete at least 60 days of teaching service each
year during the probationary period. Days devoted to parent-teacher conferences, teachers'
workshops, and other staff development opportunities and days on which a teacher is
absent from school do not count as days of teaching service under this paragraph.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
and applies to all collective bargaining agreements ratified after that date.
new text end
Sec. 5.
Minnesota Statutes 2010, section 122A.41, subdivision 3, is amended to read:
Subd. 3.
Mentoring for probationary teachers.
A board and an exclusive
representative of the teachers in the district must develop a probationary teacher peer
review process through joint agreementnew text begin that is consistent with subdivision 5new text end . 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 the day following final enactment
and applies to all collective bargaining agreements ratified after that date.
new text end
Sec. 6.
Minnesota Statutes 2010, section 122A.41, subdivision 5, is amended to read:
Subd. 5.
new text begin Development, evaluation, and new text end peer coaching for continuing contract
teachers.
new text begin (a) To improve student learning and success, new text end a school board and an exclusive
representative of the teachers in the district deleted text begin mustdeleted text end new text begin , consistent with paragraph (b), maynew text end
develop deleted text begin adeleted text end new text begin an annual teacher evaluationnew text end peer review process for new text begin probationary and
new text end nonprobationary teachers through joint agreement. new text begin If a school board and the exclusive
representative of the teachers in the district do not agree to an annual teacher evaluation
and peer review process, then the school board and the exclusive representative of the
teachers must implement the plan for evaluation and review developed under paragraph
(c) that is consistent with this subdivision. new text end The process deleted text begin maydeleted text end new text begin mustnew text end include having trained
observers serve as peer coaches or having teachers participate in professional learning
communitiesnew text begin , consistent with paragraph (b)new text end .
new text begin
(b) To develop, improve, and support qualified teachers and effective teaching
practices and improve student learning and success, the annual evaluation process for
teachers must:
new text end
new text begin
(1) for probationary teachers, provide for all evaluations required under subdivision
2;
new text end
new text begin
(2) establish a three-year professional evaluation cycle for each teacher that includes
an individual growth and development plan, a peer review process, the opportunity to
participate in a professional learning community under paragraph (a), and at least one
summative evaluation performed by a qualified and trained administrator;
new text end
new text begin
(3) be based on professional teaching standards established in rule;
new text end
new text begin
(4) coordinate staff development activities under sections 122A.60 and 122A.61
with this evaluation process and teachers' evaluation outcomes;
new text end
new text begin
(5) provide time during the school day and school year for peer coaching and teacher
collaboration;
new text end
new text begin
(6) include mentoring and induction programs;
new text end
new text begin
(7) include an option for teachers to develop and present a portfolio demonstrating
evidence of reflection and professional growth, consistent with section 122A.18,
subdivision 4, paragraph (b), and include teachers' own performance assessment based on
student work samples and examples of teachers' work, which may include video among
other activities for the summative evaluation;
new text end
new text begin
(8) use longitudinal data on student academic growth, student attendance, student
engagement and connection, and other outcome measures under section 120B.35 as
evaluation components;
new text end
new text begin
(9) require qualified and trained administrators to perform summative evaluations;
new text end
new text begin
(10) give teachers not meeting professional teaching standards under clause (3) or
other professional criteria sufficient support to improve through an established teacher
improvement process; and
new text end
new text begin
(11) provide for a teacher not making adequate progress in the teacher improvement
process under clause (10) to be transferred to a different position, granted a leave of
absence to address issues of teacher effectiveness, issued discipline that may include being
issued a last chance warning, terminated, discharged, not renewed, or otherwise subjected
to discipline that school administrators deem appropriate;
new text end
new text begin
(c) The department, in consultation with an equal number of teacher and
administrator representatives appointed by their respective organizations, representing the
Board of Teaching, the Minnesota Association of School Administrators, the Minnesota
School Boards Association, the Minnesota Elementary and Secondary Principals
Associations, Education Minnesota, representatives of the Minnesota Assessment Group
and Minnesota postsecondary institutions with research expertise in teacher evaluation,
and other education stakeholders, must create and publish a teacher evaluation process
that complies with the requirements in paragraph (b) and applies to all teachers under
sections 122A.40 and 122A.41 for whom no agreement exists under paragraph (a) for an
annual teacher evaluation and peer review process. The teacher evaluation process created
under this subdivision does not create additional due process rights for probationary
teachers under subdivision 2.
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 all collective bargaining agreements ratified after that date.
new text end