SF 1854

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

A bill for an act
relating to education; providing for alternative
compensation for teachers and staff development;
amending Minnesota Statutes 2004, sections 122A.413;
122A.414; 122A.415, subdivisions 1, 3; 122A.61,
subdivision 1; 126C.10, by adding subdivisions;
proposing coding for new law in Minnesota Statutes,
chapter 122A; repealing Minnesota Statutes 2004,
section 122A.60.

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

Section 1.

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

122A.413 EDUCATIONAL IMPROVEMENT PLAN.

Subdivision 1.

Qualifying plan.

A district new text begin or charter
school new text end may develop an educational improvement plan for the
purpose of qualifying for alternative teacher compensation aid
under sections 122A.414 and 122A.415. The plan must include
measures for improving school district, new text begin charter school, new text end 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 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; and

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

Subd. 3.

new text begin district new text end 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. 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. The process for developing the
plan must involve site teachers.

Sec. 2.

Minnesota Statutes 2004, section 122A.414, is
amended to read:

122A.414 ALTERNATIVE TEACHER COMPENSATION.

Subdivision 1.

Restructured pay system.

A restructured
teacher compensation system is established under subdivision 2
to provide incentives for teachers to improve their knowledge
and skills and for school districts new text begin and charter schools new text end to
recruit and retain highly qualified teachers, and to support
teachers' roles in improving students' educational achievement.

Subd. 2.

Alternative teacher professional pay system.

(a) To participate in this program, a school district new text begin or charter
school new text end must have an educational improvement plan as described in
section 122A.413 and an alternative teacher professional pay
system as described in paragraph (b).

(b) The alternative teacher professional pay system must:

(1) describe deleted text begin the conditions necessary for deleted text end new text begin how teachers can
achieve new text end career advancement and additional compensation;

(2) new text begin describe how the school district will new text end provide career
advancement options for teachers deleted text begin retaining deleted text end new text begin which allow them to
retain new text end primary roles in student instruction new text begin . These options
shall include positions that provide multiple career paths such
as master and mentor teaching positions to help peers increase
their teaching skills new text end ;

(3) use a professional pay system that replaces the deleted text begin step
deleted text end new text begin lockstep steps new text end and deleted text begin lane deleted text end new text begin lanes new text end salary deleted text begin schedule and is not based
on years of service deleted text end new text begin system and allows school districts and
charter schools to compensate teachers for satisfactory service
and completion of annual performance goals;
new text end

new text begin (4) include performance compensation for teachers in
districts or charter schools based on, at a minimum:
new text end

new text begin (i) student achievement gains and school achievement gains
under section 120B.35, locally selected standardized
assessments, or both; and
new text end

new text begin (ii) results of individual teacher evaluations based on
classroom observations by a locally selected evaluation team new text end ;

deleted text begin (4) encourage teachers' continuous improvement in content
knowledge, pedagogy, and use of best practices deleted text end new text begin (5) provide staff
development for teachers that:
new text end

new text begin (i) utilize best practice research;
new text end

new text begin (ii) are integrated and collaborative;
new text end

new text begin (iii) provide for ongoing site-based and teacher-led
professional growth activities aligned with student needs as
outlined in sections 122A.413 and 122A.601; and
new text end

new text begin (iv) focus on the identified needs of students, which may
include skill development in reading strategies, methods to
align curriculum with learning standards, intervention with
students not meeting proficiency level, and use of state and
local assessment data new text end ; and

deleted text begin (5) deleted text end new text begin (6) new text end implement deleted text begin an objective deleted text end new text begin a teacher performance
new text end evaluation deleted text begin system deleted text end new text begin that is a comprehensive system based on
scientifically based education research and on specific
performance and accountability goals aligned with the
district's, the charter school's, or the site's educational
improvement plan as described in section 122A.413 and the staff
development plan described in section 122A.601. The evaluation
shall include the locally selected evaluation team. The
evaluation of each teacher's performance in the school shall
occur several times during the school year new text end , including classroom
observation deleted text begin , that is aligned with the district's or the site's
educational improvement plan as described in section 122A.413 deleted text end .

Subd. 3.

Report.

Participating districts new text begin , charter
schools, new text end and school sites must report on the implementation and
effectiveness of the alternative teacher compensation plan,
particularly addressing each requirement under subdivision 2 and
make biennial recommendations by January 1 to their school
boards. The school boards shall transmit new text begin a copy of the report
with new text end a summary of the findings and recommendations of their
district new text begin or charter school new text end to the commissioner new text begin of education new text end .

Sec. 3.

Minnesota Statutes 2004, section 122A.415,
subdivision 1, is amended to read:

Subdivision 1.

deleted text begin aid deleted text end new text begin revenue new text end amount.

(a) A school district
new text begin or charter school new text end that meets the conditions of section 122A.414
and submits an application approved by the commissioner is
eligible for alternative compensation deleted text begin aid deleted text end new text begin revenue new text end .

new text begin (b) new text end The commissioner must consider only applications
submitted jointly by a school district and the exclusive
representative of the teachers for participation in the
program. The application must contain a formally adopted
collective bargaining agreement, memorandum of understanding, or
other binding agreement that implements an alternative teacher
professional pay system consistent with section 122A.414 new text begin , is in
compliance with the Public Employment Labor Relations Act under
chapter 179A, new text end and includes all teachers in a district deleted text begin , deleted text end new text begin or new text end all
teachers at a school site deleted text begin , or at least 25 percent of the
teachers in a district deleted text end . deleted text begin The commissioner, in approving
applications, may give preference to applications involving
entire districts or sites or to applications that align measures
of teacher performance with student academic achievement and
progress under section 120B.35, subdivision 1.
deleted text end

deleted text begin (b) deleted text end Alternative compensation deleted text begin aid deleted text end new text begin revenue new text end for a qualifying
school district deleted text begin , deleted text end new text begin or new text end site deleted text begin , or portion of a district or school
site is as follows:
deleted text end

deleted text begin (1) for a school district deleted text end in which the school board and the
exclusive representative of the teachers agree to place all
teachers in the district or at the site on the alternative
compensation schedule, alternative compensation deleted text begin aid deleted text end new text begin revenue
new text end equals deleted text begin $150 deleted text end new text begin $225 new text end times the district's or the site's number of
pupils enrolled on October 1 of the previous fiscal year deleted text begin ; or
deleted text end

deleted 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 on the
alternative compensation schedule, alternative compensation 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 deleted text end .

new text begin (c) Charter school applications must be submitted by the
chair of the charter school board of directors and must
contain: (1) an agreement that implements an alternative
teacher compensation program consistent with section 122A.414;
(2) a resolution by the charter school board of directors
adopting the agreement; and (3) documentation of a vote of the
teachers showing that at least 70 percent of the teachers
supporting the agreement that implements the alternative teacher
compensation program.
new text end

new text begin Alternative compensation revenue for a qualifying charter
school must be calculated under section 126C.10, subdivision 34,
paragraph (b).
new text end

Sec. 4.

Minnesota Statutes 2004, section 122A.415,
subdivision 3, is amended to read:

Subd. 3.

deleted text begin aid deleted text end new text begin revenue new text end timing.

(a) Districts deleted text begin or deleted text end new text begin , school
new text end sites new text begin , or charter schools new text end with approved applications must
receive alternative compensation deleted text begin aid deleted text end new text begin revenue new text end for each school
year that the district deleted text begin or deleted text end new text begin , school new text end site new text begin , or charter school,
new text end participates in the program as described in this subdivision.
Districts deleted text begin or deleted text end new text begin , school new text end sites new text begin , or charter schools new text end with applications
deleted text begin received deleted text end new text begin approved new text end by the commissioner deleted text begin before June 1 of the first
year of a two-year contract deleted text end shall receive alternative
compensation deleted text begin aid deleted text end new text begin revenue new text end for deleted text begin both deleted text end new text begin the school new text end years deleted text begin of the
contract. Districts or sites with applications received by the
commissioner after June 1 of the first year of a two-year
contract shall receive alternative compensation aid only for the
second year of the contract deleted text end new text begin in which the alternative teacher
compensation program is implemented for the full school
year new text end . new text begin For fiscal year 2007 and later, new text end a qualifying district deleted text begin or deleted text end new text begin ,
school new text end site new text begin , or charter school new text end that received alternative
compensation deleted text begin aid deleted text end new text begin revenue new text end for the previous fiscal year must
receive at least an amount new text begin of alternative compensation revenue
new text end equal to the lesser of the amount it received for the previous
fiscal year or deleted text begin its proportionate share of the previous year's
appropriation deleted text end new text begin the amount it qualifies for under subdivision 1
for the current fiscal year new text end if the district new text begin , charter school, new text end or
site submits a timely application and the commissioner
determines that the district new text begin , charter school, new text end or site continues
to implement an alternative teacher professional pay system,
consistent with its application under this section. deleted text begin The
commissioner must approve initial applications for school
districts qualifying under subdivision 1, paragraph (b), clause
(1), by January 15 of each year. If any money remains, the
commissioner must approve aid amounts for school districts
qualifying under subdivision 1, paragraph (b), clause (2), by
February 15 of each year.
deleted text end

(b) The commissioner shall select applicants that qualify
for this program, notify school districts new text begin , charter schools, new text end and
school sites about the program, develop and disseminate
application materials, and carry out other activities needed to
implement this section.

Sec. 5.

new text begin [122A.601] STAFF DEVELOPMENT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Requirement. new text end

new text begin Each school district must
implement a staff development program that improves the quality
of teaching and increases the achievement of all students.
Staff development must be a part of each district and site
improvement plan and must be aligned with state and federal
requirements. A school board must use the revenue authorized in
section 122A.61 for staff development that addresses areas
identified for improvement by the district advisory committee
and site teams, or for violence prevention training authorized
in section 120B.22, subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin District staff development advisory
committee. new text end

new text begin (a) The school board must appoint a district staff
development advisory committee. A majority of the advisory
committee must be teachers representing various grade levels,
subject areas, and special education. The district committee
must also include personnel who work with federal programs,
nonteaching staff, parents, paraprofessionals, and
administrators including the superintendent or superintendent's
designee.
new text end

new text begin (b) The district staff development advisory committee shall:
new text end

new text begin (1) analyze student achievement and other kinds of
district-related data;
new text end

new text begin (2) establish districtwide staff development goals and
learning outcomes based on the analysis of data, including the
goal of eliminating achievement gaps among students;
new text end

new text begin (3) review the site team staff development plans for
alignment with district goals;
new text end

new text begin (4) review the site team staff development plans for
alignment with applications for federal funding;
new text end

new text begin (5) approve the site team plans or consult with site teams
as needed to align with district goals and applications for
federal funding;
new text end

new text begin (6) forward the approved site team plans and district staff
development goals and learning outcomes to the superintendent
and to the school board for approval prior to implementation.
new text end

new text begin Subd. 3. new text end

new text begin Staff development school site team. new text end

new text begin (a) Each
school site in a district must establish a staff development
school site team that must include the principal. A majority of
the site team must be teachers representing various grade
levels, subject areas, and special education. The site team may
also include nonteaching staff, personnel who work with federal
programs, parents, and paraprofessionals. Kindergarten through
grade 12 sites may function with a single committee that serves
as both the site team and the district advisory committee.
new text end

new text begin (b) The staff development site team shall create a staff
development plan for the site that improves instruction and
student achievement. The plan shall:
new text end

new text begin (1) analyze student achievement and other kinds of
site-related data;
new text end

new text begin (2) establish staff development goals and learning outcomes
for the site based on the analysis of data, including the goal
of eliminating achievement gaps among groups of students;
new text end

new text begin (3) identify procedures at each site for annually assessing
and evaluating progress toward meeting the goals and outcomes;
new text end

new text begin (4) specify the staff development activities needed to
increase the content knowledge and instructional skills of
staff; and
new text end

new text begin (5) specify the staff development activities needed to
enhance the leadership skills of principals to support
instruction.
new text end

new text begin Subd. 4. new text end

new text begin Effective staff development activities. new text end

new text begin Staff
development activities must:
new text end

new text begin (1) focus on the school classroom and research-based
strategies that improve student learning;
new text end

new text begin (2) provide opportunities for teachers to practice and
improve their skills over time;
new text end

new text begin (3) provide opportunities for teachers to use data to
increase student achievement as part of their daily work;
new text end

new text begin (4) enhance teacher content knowledge and instructional
skills;
new text end

new text begin (5) align with state and local academic standards; and
new text end

new text begin (6) provide opportunities to build professional
relationships, foster collaboration among principals and staff
who provide instruction, and provide opportunities for
teacher-to-teacher mentoring.
new text end

new text begin Staff development activities may include curriculum development
and curriculum training programs, and activities that provide
teachers and other members of site-based teams training to
enhance team performance. In addition, the school district may
implement other staff development activities as required by law
and those associated with alternative teacher compensation
models. Release time provided for teachers to supervise
students on field trips and school activities, or independent
tasks not associated with enhancing the teacher's knowledge and
skills, such as preparing report cards, calculating grades, or
organizing classroom materials, may not be counted as staff
development time that is financed with staff development
reserved revenue under section 122A.61.
new text end

new text begin Subd. 5. new text end

new text begin Staff development report. new text end

new text begin (a) By October 15 of
each year, the district and site staff development committees
shall write and submit a report of staff development activities
and expenditures for the previous year, in the form and manner
determined by the commissioner. The report must include
assessment and evaluation data indicating progress toward
district and site staff development goals based on teaching and
learning outcomes, including the percentage of teachers
participating in effective staff development activities under
subdivision 4.
new text end

new text begin (b) The report must provide a breakdown of expenditures for:
new text end

new text begin (1) curriculum development and curriculum training
programs; and
new text end

new text begin (2) staff development training models, workshops, and
conferences, and the cost of releasing teachers or providing
substitute teachers for staff development purposes.
new text end

new text begin The report must also include whether the expenditures were
incurred at the district level or the school site level, and
whether the school site expenditures were made possible by
grants to school sites that demonstrate exemplary use of
allocated staff development revenue. These expenditures must be
reported using the Uniform Financial and Accounting and
Reporting Standards.
new text end

new text begin (c) The commissioner shall report the staff development
progress and expenditure data to the house of representatives
and senate committees having jurisdiction over education by
February 15 each year.
new text end

Sec. 6.

Minnesota Statutes 2004, section 122A.61,
subdivision 1, is amended to read:

Subdivision 1.

Staff development revenue.

A district is
required to reserve an amount equal to at least two percent of
the basic revenue under section 126C.10, subdivision 2, for
deleted text begin in-service deleted text end new text begin staff development new text end education for programs under
section 120B.22, subdivision 2, for new text begin district and site new text end staff
development deleted text begin plans, including plans for challenging instructional
activities and experiences under deleted text end new text begin planning and implementation of
staff development activities consistent with new text end section
122A.60, deleted text begin and for curriculum development and programs, other
in-service education, teachers' workshops, teacher conferences,
deleted text end the cost of substitute teachers new text begin for new text end staff development purposes,
preservice and in-service education for special education
professionals and paraprofessionals, new text begin other staff in the district
plan, new text end and other related costs for staff development efforts new text begin as
specified in the district plan new text end . new text begin The school district must use
staff development revenue for activities under section 122A.60.
A district may reduce the amount reserved for the current year
by the amount expended for these purposes in the current fiscal
year from its reserved for staff development fund balance.
Prior to the end of the reporting school year, new text end a district
may deleted text begin annually deleted text end waive the new text begin annual new text end requirement to reserve deleted text begin their deleted text end new text begin two
percent of its new text end basic revenue new text begin or some portion for the next school
year, new text end under this section deleted text begin if deleted text end new text begin by new text end a majority vote of the licensed
teachers in the district and a majority vote of the school board
deleted text begin agree to a resolution to waive the requirement deleted text end . A district in
statutory operating debt is exempt from reserving basic revenue
according to this section new text begin , but must develop district plans, site
plans, and the annual report under section 122A.60 new text end . Districts
may expend an additional amount of unreserved revenue for staff
development based on their needs. With the exception of amounts
reserved for staff development from revenues allocated directly
to school sites, the board must initially allocate 50 percent of
the reserved revenue to deleted text begin each deleted text end school deleted text begin site deleted text end new text begin sites new text end in the district
deleted text begin on a per teacher basis, which must be retained by the school
site until used deleted text end new text begin with a proportionate amount per site based on
the number of teachers new text end . The board may retain deleted text begin 25 deleted text end new text begin up to 50
new text end percent to be used for district wide staff development efforts new text begin ,
for grants to sites for staff development, or both new text end . deleted text begin The
remaining 25 percent of the revenue must be used to make grants
to school sites for best practices methods. A grant may be used
for any purpose authorized under section 120B.22, subdivision 2,
122A.60, or for the costs of curriculum development and
programs, other in-service education, teachers' workshops,
teacher conferences, substitute teachers for staff development
purposes, and other staff development efforts, and determined by
the site professional development team. The site professional
development team must demonstrate to the school board the extent
to which staff at the site have met the outcomes of the
program. deleted text end The board may withhold a portion of initial allocation
of revenue if the staff development new text begin goals are not being
addressed or if the learning new text end outcomes are not being met.

Sec. 7.

Minnesota Statutes 2004, section 126C.10, is
amended by adding a subdivision to read:

new text begin Subd. 34. new text end

new text begin Basic alternative compensation aid. new text end

new text begin (a) For
fiscal year 2006, the basic alternative compensation aid for a
district or charter school with an alternative compensation plan
approved under section 122A.415 equals the alternative
compensation revenue according to section 122A.415, subdivision
1.
new text end

new text begin (b) For fiscal year 2007 and later, the basic alternative
compensation aid for a district with an alternative compensation
plan approved under section 122A.415 equals 68.9 percent of the
alternative compensation revenue according to section 122A.415,
subdivision 1. The basic alternative compensation aid for a
charter school with an alternative compensation plan approved
under section 122A.415 equals the school's alternative
compensation revenue according to section 122A.415, subdivision
1, times the ratio of the sum of the alternative compensation
aid and alternative compensation levy for all participating
school districts to the maximum alternative compensation revenue
for those districts according to section 122A.415, subdivision 1.
new text end

new text begin (c) Notwithstanding paragraphs (a) and (b) and section
122A.415, subdivision 1, the state total basic alternative
compensation aid entitlement must not exceed $16,727,000 for
fiscal year 2006 and $61,871,000 for fiscal year 2007 and
later. The commissioner must limit the amount of alternative
compensation revenue approved under section 122A.415, so as not
to exceed these limits.
new text end

Sec. 8.

Minnesota Statutes 2004, section 126C.10, is
amended by adding a subdivision to read:

new text begin Subd. 35. new text end

new text begin Alternative compensation levy. new text end

new text begin For fiscal year
2007 and later, the alternative compensation levy for a district
receiving basic alternative compensation aid equals the product
of (1) the difference between the district's alternative
compensation revenue and the district's basic alternative
compensation aid times (2) the lesser of one or the ratio of the
district's adjusted net tax capacity per adjusted pupil unit to
$6,900.
new text end

Sec. 9.

Minnesota Statutes 2004, section 126C.10, is
amended by adding a subdivision to read:

new text begin Subd. 36. new text end

new text begin Alternative compensation aid. new text end

new text begin (a) For fiscal
year 2007 and later, a district's alternative compensation
equalization aid equals the district's alternative compensation
revenue minus the district's basic alternative compensation aid
minus the district's alternative compensation levy. If a
district does not levy the entire amount permitted, the
alternative compensation equalization aid must be reduced in
proportion to the actual amount levied.
new text end

new text begin (b) A district's alternative compensation aid equals the
sum of the district's basic alternative compensation aid and the
district's alternative compensation equalization aid.
new text end

Sec. 10. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 122A.60, is repealed.
new text end