SF 1282

as introduced - 88th Legislature (2013 - 2014) Posted on 04/03/2013 09:36am

A bill for an act
relating to education; providing for a national board certification grant program
for teachers and principals; appropriating money; amending Minnesota Statutes
2012, sections 122A.18, subdivision 4; 122A.40, subdivision 8; 122A.41,
subdivision 5; 122A.60, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2012, section 122A.18, subdivision 4, is amended to read:

Subd. 4.

Expiration and renewal.

(a) Each license the Department of Education
issues through its licensing section must bear the date of issue. Licenses must expire
and be renewed according to the respective rules the Board of Teaching, the Board
of School Administrators, or the commissioner of education adopts. Requirements for
renewing a license must include showing satisfactory evidence of successful teaching or
administrative experience for at least one school year during the period covered by the
license in grades or subjects for which the license is valid or completing such additional
preparation as the Board of Teaching prescribes. The Board of School Administrators
shall establish requirements for renewing the licenses of supervisory personnel except
athletic coaches. The State Board of Teaching shall establish requirements for renewing
the licenses of athletic coaches.

(b) Relicensure applicants who have been employed as a teacher during the renewal
period of their expiring license, as a condition of relicensure, must present to their local
continuing education and relicensure committee or other local relicensure committee
evidence of work that demonstrates professional reflection and growth in best teaching
practices. The applicant must include a reflective statement of professional accomplishment
and the applicant's own assessment of professional growth showing evidence of:

(1) support for student learning;

(2) use of best practices techniques and their applications to student learning;

(3) collaborative work with colleagues that includes examples of collegiality such as
attested-to committee work, collaborative staff development programs, and professional
learning community work; or

(4) continual professional development that may include (i) job-embedded or other
ongoing formal professional learning or (ii) for teachers employed for only part of the
renewal period of their expiring license, other similar professional development efforts
made during the relicensure period.

The Board of Teaching must ensure that its teacher relicensing requirements also include
this paragraph.

(c) The Board of Teaching shall deleted text begin offer alternative deleted text end new text begin grant new text end continuing relicensure deleted text begin options
for deleted text end new text begin to new text end teachers who are accepted into and complete the National Board for Professional
Teaching Standards certification process, and deleted text begin offer additional deleted text end new text begin grant new text end continuing relicensure
deleted text begin options for deleted text end new text begin to new text end teachers who earn National Board for Professional Teaching Standards
certification. Continuing relicensure requirements for teachers who do not maintain
National Board for Professional Teaching Standards certification are those the board
prescribes, consistent with this section.

Sec. 2.

Minnesota Statutes 2012, section 122A.40, subdivision 8, is amended to read:

Subd. 8.

Development, evaluation, and peer coaching for continuing contract
teachers.

(a) To improve student learning and success, a school board and an exclusive
representative of the teachers in the district, consistent with paragraph (b), may develop
a teacher evaluation and peer review process for probationary and continuing contract
teachers through joint agreement. If a school board and the exclusive representative of the
teachers 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 under paragraph (c). The process must include having trained
observers serve as peer coaches or having teachers participate in professional learning
communities, consistent with paragraph (b).

(b) To develop, improve, and support qualified teachers and effective teaching
practices and improve student learning and success, the annual evaluation process for
teachers:

(1) must, for probationary teachers, provide for all evaluations required under
subdivision 5;

(2) must establish a three-year professional review 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 evaluator such as a
school administrator. For the years when a tenured teacher is not evaluated by a qualified
and trained evaluator, the teacher must be evaluated by a peer review;

(3) must be based on professional teaching standards established in rule;

(4) must coordinate staff development activities under sections 122A.60 and
122A.61 with this evaluation process and teachers' evaluation outcomes;

(5) may provide time during the school day and school year for peer coaching and
teacher collaboration;

(6) may include mentoring and induction programs;

(7) must 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;

(8) must use an agreed upon teacher value-added assessment model for the grade
levels and subject areas for which value-added data are available and establish state
or local measures of student growth for the grade levels and subject areas for which
value-added data are not available as a basis for 35 percent of teacher evaluation results;

(9) must use longitudinal data on student engagement and connection, and other
student outcome measures explicitly aligned with the elements of curriculum for which
teachers are responsible;

(10) must require qualified and trained evaluators such as school administrators to
perform summative evaluations;

(11) must give teachers not meeting professional teaching standards under clauses
(3) through (10) support to improve through a teacher improvement process that includes
established goals and timelines; and

(12) must discipline a teacher for not making adequate progress in the teacher
improvement process under clause (11) that may include a last chance warning,
termination, discharge, nonrenewal, transfer to a different position, a leave of absence, or
other discipline a school administrator determines is appropriate.

Data on individual teachers generated under this subdivision are personnel data
under section 13.43.

(c) The department, in consultation with parents who may represent parent
organizations and 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, the Minnesota Business Partnership, the Minnesota
Chamber of Commerce, 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 this section and
section 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 begin (d) A teacher who has earned National Board for Professional Teaching Standards
certification is not required to be evaluated annually under paragraph (b).
new text end

Sec. 3.

Minnesota Statutes 2012, section 122A.41, subdivision 5, is amended to read:

Subd. 5.

Development, evaluation, and peer coaching for continuing contract
teachers.

(a) To improve student learning and success, a school board and an exclusive
representative of the teachers in the district, consistent with paragraph (b), may develop an
annual teacher evaluation and peer review process for probationary and nonprobationary
teachers through joint agreement. 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). The process
must include having trained observers serve as peer coaches or having teachers participate
in professional learning communities, consistent with paragraph (b).

(b) To develop, improve, and support qualified teachers and effective teaching
practices and improve student learning and success, the annual evaluation process for
teachers:

(1) must, for probationary teachers, provide for all evaluations required under
subdivision 2;

(2) must establish a three-year professional review 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 evaluator such
as a school administrator;

(3) must be based on professional teaching standards established in rule;

(4) must coordinate staff development activities under sections 122A.60 and
122A.61 with this evaluation process and teachers' evaluation outcomes;

(5) may provide time during the school day and school year for peer coaching and
teacher collaboration;

(6) may include mentoring and induction programs;

(7) must 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;

(8) must use an agreed upon teacher value-added assessment model for the grade
levels and subject areas for which value-added data are available and establish state
or local measures of student growth for the grade levels and subject areas for which
value-added data are not available as a basis for 35 percent of teacher evaluation results;

(9) must use longitudinal data on student engagement and connection and other
student outcome measures explicitly aligned with the elements of curriculum for which
teachers are responsible;

(10) must require qualified and trained evaluators such as school administrators to
perform summative evaluations;

(11) must give teachers not meeting professional teaching standards under clauses
(3) through (10) support to improve through a teacher improvement process that includes
established goals and timelines; and

(12) must discipline a teacher for not making adequate progress in the teacher
improvement process under clause (11) that may include a last chance warning,
termination, discharge, nonrenewal, transfer to a different position, a leave of absence, or
other discipline a school administrator determines is appropriate.

Data on individual teachers generated under this subdivision are personnel data
under section 13.43.

(c) The department, in consultation with parents who may represent parent
organizations and 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, the Minnesota Business Partnership, the Minnesota
Chamber of Commerce, 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 this section and
section 122A.40 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 begin (d) A teacher who has earned National Board for Professional Teaching Standards
certification is not required to be evaluated annually under paragraph (b).
new text end

Sec. 4.

Minnesota Statutes 2012, section 122A.60, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Staff development waiver. new text end

new text begin The staff development requirements are
waived for candidates for National Board for Professional Teaching Standards certification
during the time period that they are working toward completing the certification process.
new text end

Sec. 5. new text begin NATIONAL BOARD CERTIFICATION GRANT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin A national board certification grant program is
established to provide additional professional development opportunities for teachers and
principals employed by school districts that do not participate in the alternative teacher
professional pay system under Minnesota Statutes, section 122A.414.
new text end

new text begin Subd. 2. new text end

new text begin Grant awards. new text end

new text begin (a) The commissioner may award a grant of $2,500 for one
teacher in each grade level or $2,500 for one principal in a school to obtain certification
from the National Board for Professional Teaching Standards. The number of teachers
in a school receiving a grant award must not exceed 15 percent of the licensed teachers
employed in the school. In order to receive a grant, the teacher or principal must meet all
the requirements for application for national board certification. A school may apply for
the grant in the form and manner prescribed by the commissioner on behalf of the teacher
and principal candidates for board certification.
new text end

new text begin (b) The commissioner may award an additional grant of $500 for each teacher or
principal after achievement of board certification. The grant award must be used for
expenses related to mentoring other candidates for national board certification employed
by the same school district. Teachers and principals who have obtained board certification
under this grant program must assist other teachers and principals serving in their
employing district in completing the national board certification process. The school
district must provide other resources including, but not limited to, release time, use of
equipment, help with videotaping, and coaching.
new text end

new text begin Subd. 3. new text end

new text begin Principal and teacher evaluation systems. new text end

new text begin A school district that
participates in the grant program in this section must use the national board certification
process as part of the required principal evaluation under Minnesota Statutes, section
123B.147, and the teacher evaluation under Minnesota Statutes, sections 122A.40,
subdivision 8, and 122A.41, subdivision 5, for the candidates pursuing national board
certification.
new text end

new text begin Subd. 4. new text end

new text begin Grant funds. new text end

new text begin (a) The commissioner must use unallocated funds
appropriated from the general fund for alternative compensation revenue under Minnesota
Statutes, section 122A.415, for the grant awards under subdivision 2.
new text end

new text begin (b) The commissioner may use funds, other than those in paragraph (a), to encourage
research-based teacher evaluation strategies and techniques that effectively work to
improve teaching and learning.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal years 2014 and 2015.
new text end