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SF 1678

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:22am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to education; refocusing educator relicensure on performance;
implementing the legislative auditor's recommendations to the legislature for
revising Q-Comp; amending Minnesota Statutes 2008, sections 122A.18,
subdivision 4; 122A.40, subdivisions 6, 8; 122A.41, subdivisions 3, 5; 122A.413,
subdivision 2; 122A.414, subdivisions 2, 2b; 122A.60, subdivision 2.

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

Section 1.

Minnesota Statutes 2008, 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.

new text begin (b) Relicensure applicants, as a condition of relicensure, must present to their local
continuing education and 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:
new text end

new text begin (1) support for student learning;
new text end

new text begin (2) use of best practices techniques and their applications to student learning;
new text end

new text begin (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
new text end

new text begin (4) continual professional development that may include job-embedded professional
learning during the relicensure period.
new text end

new text begin The evidence may include: data-based student learning; use of pedagogical
approaches in specific instructional fields; use of research-based, measurable, and
innovative practices; use of classroom action research; enhancement of best practices in
working with students with disabilities or limited English proficiency; collaborative work
with colleagues; continual professional learning; focused coaching; and observations by
trained evaluators.
new text end

deleted text begin (b)deleted text end new text begin (c)new text end The Board of Teaching shall offer alternative continuing relicensure options
for teachers who are accepted into and complete the National Board for Professional
Teaching Standards certification process, and offer additional continuing relicensure
options for 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
prescribesnew text begin , consistent with this sectionnew 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 licensees seeking relicensure beginning July 1, 2012.
new text end

Sec. 2.

Minnesota Statutes 2008, section 122A.40, subdivision 6, is amended to read:


Subd. 6.

deleted text begin Peer reviewdeleted text end new text begin Mentoringnew text end 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 agreement.new text begin The process may include having
trained observers serve as mentors or coaches or having teachers participate in professional
learning communities.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2009-2010 school year and
later.
new text end

Sec. 3.

Minnesota Statutes 2008, section 122A.40, subdivision 8, is amended to read:


Subd. 8.

Peer deleted text begin reviewdeleted text end new text begin coachingnew text end for continuing contract teachers.

A school board
and an exclusive representative of the teachers in the district shall develop a peer review
process for continuing contract teachers through joint agreement.new text begin The process may
include having trained observers serve as peer coaches or having teachers participate in
professional learning communities.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2009-2010 school year and
later.
new text end

Sec. 4.

Minnesota Statutes 2008, section 122A.41, subdivision 3, is amended to read:


Subd. 3.

deleted text begin Peer reviewdeleted text end new text begin Mentoringnew text end 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 agreement.new text begin The process may include having trained
observers serve as mentors or coaches or having teachers participate in professional
learning communities.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2009-2010 school year and
later.
new text end

Sec. 5.

Minnesota Statutes 2008, section 122A.41, subdivision 5, is amended to read:


Subd. 5.

Peer deleted text begin reviewdeleted text end new text begin coachingnew text end for continuing contract teachers.

A school
board and an exclusive representative of the teachers in the district must develop a peer
review process for nonprobationary teachers through joint agreement.new text begin The process may
include having trained observers serve as peer coaches or having teachers participate in
professional learning communities.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2009-2010 school year and
later.
new text end

Sec. 6.

Minnesota Statutes 2008, section 122A.413, subdivision 2, is amended to read:


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 rigorousnew text begin research and practice-basednew text end professional development system,new text begin based
on national and state standards of effective teaching practice and
new text end consistent with section
122A.60, that is aligned with educational improvementdeleted text begin ,deleted text end new text begin andnew text end designed to achievenew text begin ongoing
and schoolwide progress and growth in
new text end teaching deleted text begin quality improvement, and consistent with
clearly defined research-based standards
deleted text end new text begin practicenew text end ;

(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;

(7) a teacher induction and mentoring program for probationary teachers that
provides continuous learning and sustained teacher support; and

(8) substantial participation by the exclusive representative of the teachers in
developing the plan.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to plans developed in the 2009-2010 school year and later.
new text end

Sec. 7.

Minnesota Statutes 2008, section 122A.414, subdivision 2, is amended to read:


Subd. 2.

Alternative teacher professional pay system.

(a) To participate in this
program, a school district, intermediate school district, school site, or charter school must
have an educational improvement plan under section 122A.413 and an alternative teacher
professional pay system agreement under paragraph (b). A charter school participant also
must comply with subdivision 2a.

(b) The alternative teacher professional pay system agreement must:

(1) describe how teachers can achieve career advancement and additional
compensation;

(2) describe how the school district, intermediate school district, school site, or
charter school will provide teachers with career advancement options that allow teachers
to retain primary roles in student instruction and facilitate site-focused professional
development that helps other teachers improve their skills;

(3) reform the "steps and lanes" salary schedule, prevent any teacher's compensation
paid before implementing the pay system from being reduced as a result of participating
in this system, and base at least 60 percent of any compensation increase on teacher
performance using:

(i) schoolwide student achievement gains under section 120B.35 or locally selected
standardized assessment outcomes, or both;

(ii) measures of student achievement; and

(iii) deleted text begin an objective evaluation programdeleted text end new text begin evidence of effective practicenew text end that includes:

(A) individual teacher evaluations aligned with the educational improvement plan
under section 122A.413 and the staff development plan under section 122A.60; and

(B) deleted text begin objective evaluations using multiple criteria conducted by a locally selected and
periodically trained evaluation team that understands teaching and learning
deleted text end new text begin reflection and
growth in best teaching practices shown through support for student learning, collaborative
work with colleagues, or continual professional learning, consistent with section 122A.18,
subdivision 4, paragraph (b), clauses (1) to (3)
new text end ;

(4) provide integrated ongoing site-based professional development activities to
improve instructional skills and learning that are aligned with student needs under section
122A.413, consistent with the staff development plan under section 122A.60 and led
during the school day by trained teacher leaders such as master or mentor teachersnew text begin or
peer coaches
new text end ;

(5) allow any teacher in a participating school district, intermediate school district,
school site, or charter school that implements an alternative pay system to participate in
that system without any quota or other limit; and

(6) encourage collaboration rather than competition among teachers.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to all alternative teacher professional pay system agreements entered into or
modified after that date.
new text end

Sec. 8.

Minnesota Statutes 2008, section 122A.414, subdivision 2b, is amended to read:


Subd. 2b.

Approval process.

(a) Consistent with the requirements of this section
and sections 122A.413 and 122A.415, the department must prepare and transmit to
interested school districts, intermediate school districts, school sites, and charter schools a
standard form for applying to participate in the alternative teacher professional pay system.
An interested school district, intermediate school district, school site, or charter school
must submit to the commissionernew text begin by March 1, June 1, or October 1new text end a completed application
executed by the district superintendent and the exclusive bargaining representative of the
teachers if the applicant is a school district, intermediate school district, or school site,
or executed by the charter school board of directors if the applicant is a charter school.
The application must include the proposed alternative teacher professional pay system
agreement under subdivision 2. The department must deleted text begin convene adeleted text end review deleted text begin committee that
at least includes teachers and administrators
deleted text end new text begin a completed applicationnew text end within 30 days of
receiving deleted text begin a completed application todeleted text end new text begin it andnew text end recommend to the commissioner whether to
approve or disapprove the application. The commissioner must approve applications
on a first-come, first-served basis. The applicant's alternative teacher professional pay
system agreement must be legally binding on the applicant and the collective bargaining
representative before the applicant receives alternative compensation revenue. The
commissioner must approve or disapprove an application based on the requirements
under subdivisions 2 and 2a.

(b) If the commissioner disapproves an application, the commissioner must give the
applicant timely notice of the specific reasons in detail for disapproving the application.
The applicant may revise and resubmit its application and related documents to the
commissioner within 30 days of receiving notice of the commissioner's disapproval and
the commissioner must approve or disapprove the revised application, consistent with this
subdivision. Applications that are revised and then approved are considered submitted on
the date the applicant initially submitted the application.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to all applications submitted after that date.
new text end

Sec. 9.

Minnesota Statutes 2008, section 122A.60, subdivision 2, is amended to read:


Subd. 2.

Contents of the plan.

The plan must include the staff development
outcomes under subdivision 3, the means to achieve the outcomes, and procedures for
evaluating progress at each school site toward meeting education outcomesdeleted text begin .deleted text end new text begin , consistent
with relicensure requirements under section 122A.18, subdivision 2, paragraph (b). The
plan also must:
new text end

new text begin (1) support stable and productive professional communities achieved through
ongoing and schoolwide progress and growth in teaching performance;
new text end

new text begin (2) emphasize coaching, professional learning communities, classroom action
research, and other job-embedded models;
new text end

new text begin (3) maintain a strong subject matter focus premised on students' learning goals;
new text end

new text begin (4) ensure specialized preparation and learning about issues related to teaching
students with special needs and limited English proficiency; and
new text end

new text begin (5) reinforce national and state standards of effective teaching practice.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2009-2010 school year and
later.
new text end