SF 636

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 09:04am

A bill for an act
relating to education; modifying teacher licensure, evaluations, and tenure;
authorizing rulemaking; requiring reports; amending Minnesota Statutes 2010,
sections 120B.35, subdivision 1; 120B.36, subdivision 1; 122A.18, by adding
a subdivision; 122A.40, subdivisions 2, 5, 6, 7, 8, 9, 10, 11, by adding a
subdivision; 122A.41, subdivisions 1, 2, 3, 4, 5, 6, 14; 122A.60; 122A.61,
subdivision 1; 123B.09, subdivision 8; 123B.143, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapter 122A.

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

ARTICLE 1

TEACHER EVALUATION AND PROFESSIONAL DEVELOPMENT

Section 1.

Minnesota Statutes 2010, section 120B.35, subdivision 1, is amended to read:

Subdivision 1.

School and student indicators of growth and achievement.

The commissioner must develop and implement a system for measuring and reporting
academic achievement and individual student growth, consistent with the statewide
educational accountability and reporting system. The system components must measure
and separately report the adequate yearly progress of schools and the growth of individual
students: students' current achievement in schools under subdivision 2; and individual
students' educational growth over time under subdivision 3. The individual student growth
in each subject assessed must be reported in terms of years of growth as compared to the
appropriate state standards. The system also must include statewide measures of student
academic growth that identify schools with high levels of growth, and also schools with
low levels of growth that need improvement. When determining a school's effect, the data
must include both statewide measures of student achievement and, to the extent annual
tests are administered, indicators of achievement growth that take into account a student's
prior achievement. Indicators of achievement and prior achievement must be based on
highly reliable statewide or districtwide assessments. Indicators that take into account a
student's prior achievement must not be used to disregard a school's low achievement or to
exclude a school from a program to improve low achievement levels.

EFFECTIVE DATE.

This section is effective July 1, 2012 and applies to growth
data beginning in the 2012-2013 school year.

Sec. 2.

Minnesota Statutes 2010, section 122A.40, subdivision 6, is amended to read:

Subd. 6.

Professional development and mentoring for probationary teachers.

(a) A school board and an exclusive representative of the teachers in the district must
develop a professional development model for probationary teachers. In conjunction with
subdivision 8, the professional development model must coordinate the school district's
professional development resources, including but not limited to those resources under
sections 122A.414, when applicable, 122A.60, and 122A.61.

(b) A school board and an exclusive representative of the teachers in the district
must develop a probationary teacher peer review process through joint agreement. The
process may include having trained observers serve as mentors or coaches or having
teachers participate in professional learning communities.

EFFECTIVE DATE.

This section is effective for the 2013-2014 school year and
later.

Sec. 3.

Minnesota Statutes 2010, section 122A.40, subdivision 8, is amended to read:

Subd. 8.

Professional development and peer coaching for continuing contract
teachers.

(a) A school board and an exclusive representative of the teachers in the district
must develop a professional development model for continuing contract teachers. In
conjunction with subdivision 6, the professional development model must coordinate the
school district's professional development resources, including but not limited to those
resources under sections 122A.414, when applicable, 122A.60, and 122A.61.

(b) 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.
The process may include having trained observers serve as peer coaches or having
teachers participate in professional learning communities.

EFFECTIVE DATE.

This section is effective for the 2013-2014 school year and
later.

Sec. 4.

Minnesota Statutes 2010, section 122A.41, subdivision 3, is amended to read:

Subd. 3.

Professional development and mentoring for probationary teachers.

(a) A school board and an exclusive representative of the teachers in the district must
develop a professional development model for probationary teachers. In conjunction with
subdivision 5, the professional development model must coordinate the school district's
professional development resources, including but not limited to those resources under
sections 122A.414, when applicable, 122A.60, and 122A.61.

(b) A board and an exclusive representative of the teachers in the district must
develop a probationary teacher peer review process through joint agreement. The process
may include having trained observers serve as mentors or coaches or having teachers
participate in professional learning communities.

EFFECTIVE DATE.

This section is effective for the 2013-2014 school year and
later.

Sec. 5.

Minnesota Statutes 2010, section 122A.41, subdivision 5, is amended to read:

Subd. 5.

Professional development and peer coaching for continuing contract
teachers.

(a) A school board and an exclusive representative of the teachers in the district
must develop a professional development model for probationary teachers. In conjunction
with subdivision 3, the professional development model must coordinate the school
district's professional development resources, including but not limited to those resources
under sections 122A.414, when applicable, 122A.60, and 122A.61.

(b) 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. The
process may include having trained observers serve as peer coaches or having teachers
participate in professional learning communities.

EFFECTIVE DATE.

This section is effective for the 2013-2014 school year and
later.

Sec. 6.

[122A.411] MINNESOTA TEACHER APPRAISAL SYSTEM.

Subdivision 1.

District framework.

(a) Each school district and charter school must
establish a teacher appraisal framework. The framework must include five performance
ratings, with "5" being the highest and "1" being the lowest. The Department of Education
must make available appraisal frameworks and other materials from evidence-based
sources to assist districts and charter schools in adopting or developing an appraisal
framework. Upon adopting a framework, a district or charter school must submit a copy
to the department.

(b) At least 50 percent of the total appraisal must consist of student achievement
growth.

(1) If the results of a statewide assessment are available under section 120B.35, these
results must be the basis for this portion of the appraisal.

(2) If the results of a statewide assessment are not available, then 40 percent of
the total appraisal must consist of the results of a districtwide assessment testing state
and local standards with an additional ten percent of the total consisting of results from
teacher-developed assessments.

(3) If there are no available results from districtwide assessments, 50 percent of the
total appraisal must consist of teacher-developed assessments that test state and local
standards and have been reviewed and approved by a school administrator. Each year,
a school administrator shall meet with teachers under this paragraph to review, modify
as necessary, and approve course or grade level expectations for student achievement
and growth.

(c) Up to 50 percent of the appraisal may be determined by a charter school or by
mutual agreement by the school district and the exclusive representative of teachers. The
appraisal must include at least two annual evaluations by a school administrator and parent
surveys. Other measures may include student surveys, peer observations and review,
teacher performance portfolios, video classroom observations with teacher reflection after
viewing videos, measures approved through participation in the alternative compensation
revenue program under section 122A.415, and other evidence-based measures.

Subd. 2.

Application of ratings.

(a) Beginning the 2012-2013 school year, a school
district or charter school must annually apply an effectiveness rating to each teacher who
teaches a subject for which statewide student academic achievement measures exist under
section 120B.35, based on the following scale:

(1) a teacher is considered "highly effective" if the teacher's appraisal shows
evidence that the teacher's students, on average, experienced one and a half or more years
of growth on the statewide student academic achievement measures defined in section
120B.35 and the teacher received a performance rating of "5" under the district or charter
school's framework;

(2) a teacher is considered "effective" if the teacher's appraisal shows evidence
that the teacher's students, on average, experienced at least one year of growth on the
statewide student academic achievement measures defined in section 120B.35 and the
teacher received a performance rating of "4" or better under the district or charter school's
framework;

(3) a teacher is considered "average" if the teacher's appraisal shows evidence
that the teacher's students, on average, experienced at least .9 years of growth on the
statewide student academic achievement measures defined in section 120B.35 and the
teacher received a performance rating of "3" or better under the district or charter school's
framework;

(4) a teacher is considered in "needs improvement" if the teacher's appraisal shows
evidence that the teacher's students, on average, experienced less than .9 years of growth
on the statewide student academic achievement measures defined in section 120B.35 but
more than one-half year of growth or the teacher received a performance rating of "2" or
worse under the district or charter school's framework; and

(5) a teacher is considered "ineffective" if the teacher's appraisal shows evidence
that the teacher's students, on average, experienced less than one-half year of growth on
the statewide student academic achievement measures defined in section 120B.35 and
the teacher received a performance rating of "1" under the district or charter school's
framework.

(b) Beginning the 2012-2013 school year, a school district or charter school must
annually apply an effectiveness rating to each teacher who teaches no subjects for which
statewide student academic achievement measures exist under section 120B.35, based on
the following scale:

(1) a teacher is considered "highly effective" if the teacher received a performance
rating of "5" under the district or charter school's framework;

(2) a teacher is considered "effective" if the teacher received a performance rating of
"4" under the district or charter school's framework;

(3) a teacher is considered "average" if the teacher received a performance rating of
"3" under the district or charter school's framework;

(4) a teacher is considered "needs improvement" if the teacher received a
performance rating of "2" under the district or charter school's framework; and

(5) a teacher is considered "ineffective" if the teacher received a performance rating
of "1" under the district or charter school's framework.

Subd. 3.

Data aggregation.

During the 2012-2013 school year, the Department of
Education shall assist a school district or charter school to aggregate student achievement
and growth data for teachers as necessary to implement subdivisions 1 and 2. If the
school district or charter school and the Department of Education determine that there is
an ongoing need for the department to provide assistance, the district or charter school
shall enter into a data sharing agreement. The results of any aggregation is not public
data under chapter 13.

Subd. 4.

Reports.

(a) Beginning the 2012-2013 school year, each school district
and charter school shall report to the Department of Education by August 31 following
each school year:

(1) each teacher's effectiveness rating under subdivision 2;

(2) each teacher's performance rating under the framework established in paragraph
(a);

(3) each teacher's statewide student achievement growth, if applicable;

(4) each teacher's preparation program;

(5) the district or charter school's evaluation framework; and

(6) the district or charter school's graduation rate.

(b) Beginning in 2014, each year by February 1, the Department of Education shall
report to the committees of the legislature with primary jurisdiction over kindergarten
through grade 12 education policy and finance, a report aggregating the reports required
under paragraph (a).

EFFECTIVE DATE.

This section is effective the day following final enactment
and applies to the 2011-2012 school year and later.

Sec. 7.

Minnesota Statutes 2010, section 122A.60, is amended to read:

122A.60 STAFF DEVELOPMENT PROGRAM.

Subdivision 1.

Staff development committee.

A school board must use the revenue
authorized in section 122A.61 for in-service education for programs under section
120B.22, subdivision 2, or for staff development and teacher training plans under this
section. The board must establish an advisory staff development committee to develop the
plan, assist site professional development teams in developing a site plan consistent with
the goals of the plan, and evaluate staff development efforts at the site level. A majority
of the advisory committee and the site professional development team must be teachers
representing various grade levels, subject areas, and special education. The advisory
committee must also include nonteaching staff, parents, and administrators.

Subd. 1a.

Effective staff development activities.

(a) Staff development activities
must be aligned with the district and school site staff development plans, based on student
achievement data, focused on student learning goals, and used in the classroom setting.
Activities must:

(1) focus on the school classroom and research-based scientifically based research
strategies that improve student learning;

(2) provide opportunities for teachers to practice and improve their instructional
skills over time and receive instructional-based observations using objective
standards-based assessments to assist in the professional growth process;

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

(4) enhance teacher content knowledge and instructional skills;

(5) align with state and local academic standards;

(6) provide job-embedded or integrated professional development opportunities
during teacher contract day to build professional relationships, foster collaboration
among principals and staff who provide instruction to identify instructional strategies to
meet student learning goals, plan instruction, practice new teaching strategies, review
the results of implementing strategies, and provide opportunities for teacher-to-teacher
coaching and mentoring; and

(7) align with the plan of the district or site for those participating in an alternative
teacher professional pay system under section 122A.414.

Staff development activities may also include curriculum development and curriculum
training programs, and activities that provide teachers and other members of site-based
teams training to enhance team performance. The school district also may implement other
staff development activities required by law and activities associated with professional
teacher compensation models.

(b) 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 instructional 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.

Subd. 2.

Contents of plan.

The plan must be based on student achievement and
include student learning goals, 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 outcomes, consistent with relicensure requirements under
section 122A.18, subdivision 4. The plan also must:

(1) support stable and productive professional communities achieved through
ongoing and schoolwide progress and growth in teaching practice;

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

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

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

(5) reinforce national and state standards of effective teaching practice.

Subd. 3.

Staff development outcomes.

The advisory staff development committee
must adopt a staff development plan increasing teacher effectiveness and for improving
student achievement. The plan must be consistent with education outcomes that the
school board determines. The plan must include ongoing staff development activities that
contribute toward continuous improvement in achievement of the following goals:

(1) improve student achievement of state and local education standards in all areas
of the curriculum by using best practices methods and scientifically based research;

(2) effectively meet the needs of a diverse student population, including at-risk
children, children with disabilities, and gifted children, within the regular classroom
and other settings;

(3) provide an inclusive curriculum for a racially, ethnically, and culturally diverse
student population that is consistent with the state education diversity rule and the district's
education diversity plan;

(4) improve staff collaboration and develop mentoring and peer coaching programs
for teachers new to the school or district in their first five years of teaching;

(5) effectively teach and model violence prevention policy and curriculum that
address early intervention alternatives, issues of harassment, and teach nonviolent
alternatives for conflict resolution; and

(6) provide teachers and other members of site-based management teams with
appropriate management and financial management skills.

Subd. 4.

Staff development report.

(a) By October 15 1 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, signed by the district superintendent and staff development
chair, 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 and other staff involved in instruction who participate in effective
staff development activities under subdivision 3.

(b) The report must break down expenditures for:

(1) curriculum development and curriculum training programs; and

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

The report also must indicate 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.

(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.

EFFECTIVE DATE.

This section is effective for the 2013-2014 school year and
later.

Sec. 8.

Minnesota Statutes 2010, 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 in-service education for programs under section 120B.22, subdivision 2,
for with the primary purpose of creating and implementing district and school site staff
development plans, including. Funds may also be used to support plans for challenging
instructional activities and experiences under section 122A.60, and for curriculum
development and programs, other in-service education, teachers' workshops, teacher
conferences, the cost of substitute teachers staff development purposes, preservice and
in-service education for special education professionals and paraprofessionals, and other
related costs for staff development efforts. A district may annually waive the requirement
to reserve their basic revenue under this section if a majority vote of the licensed teachers
in the district and a majority vote of the school board agree to a resolution to waive the
requirement. A district in statutory operating debt is exempt from reserving basic revenue
according to this section. 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 each school site in the district
on a per teacher basis, which must be retained by the school site until used. The board may
retain 25 percent to be used for district wide staff development efforts. 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. The board may withhold a portion of initial allocation of revenue if the
staff development outcomes are not being met.

EFFECTIVE DATE.

This section is effective for the 2013-2014 school year and
later.

Sec. 9.

[122A.73] SCHOOL ADMINISTRATOR DEVELOPMENT.

A school board and the school administrators in the district must develop a
professional development model for school administrators. The professional development
model must coordinate the school district's professional development resources, including
but not limited to those resources under sections 122A.414, when applicable, 122A.60,
and 122A.61. The professional development model must, at a minimum:

(1) provide professional development to accurately and effectively evaluate teachers
under section 122A.411;

(2) provide professional development to better recommend appropriate professional
development strategies for teachers;

(3) make appropriate recommendations for principals to attend development
opportunities, including the Principals' Leadership Institute under section 122A.74 or
other statewide development programs; and

(4) provide professional development opportunities targeted to identifying
systematic strengths and weaknesses within a school.

EFFECTIVE DATE.

This section is effective July 1, 2012.

Sec. 10. APPRAISAL IMPLEMENTATION.

As required under Minnesota Statutes, section 122A.411, districts and charter
schools shall implement the appraisal system with the 2011-2012 school year serving as
an evaluation framework development and data collection year, the 2012-2013 school year
serving as a pilot year, and the 2013-2014 school year serving as the first year of full
implementation of the appraisal system. Any appraisal rating from the 2012-2013 school
year may not be used to determine licensure under Minnesota Statutes, section 122A.18,
subdivision 10, unless the teacher approves of the usage.

EFFECTIVE DATE.

This section is effective the day following final enactment.

ARTICLE 2

TEACHER LICENSURE AND EMPLOYMENT

Section 1.

Minnesota Statutes 2010, section 120B.36, subdivision 1, is amended to read:

Subdivision 1.

School performance report cards.

(a) The commissioner
shall report student academic performance under section 120B.35, subdivision 2; the
percentages of students showing low, medium, and high growth under section 120B.35,
subdivision 3, paragraph (b); school safety and student engagement and connection
under section 120B.35, subdivision 3, paragraph (d); rigorous coursework under section
120B.35, subdivision 3, paragraph (c); two separate student-to-teacher ratios that clearly
indicate the definition of teacher consistent with sections 122A.06 and 122A.15 for
purposes of determining these ratios; staff characteristics excluding salaries; the number
of teachers in each effectiveness category under section 122A.411; student enrollment
demographics; district mobility; and extracurricular activities. The report also must
indicate a school's adequate yearly progress status, and must not set any designations
applicable to high- and low-performing schools due solely to adequate yearly progress
status.

(b) The commissioner shall develop, annually update, and post on the department
Web site school performance report cards.

(c) The commissioner must make available performance report cards by the
beginning of each school year.

(d) A school or district may appeal its adequate yearly progress status in writing to
the commissioner within 30 days of receiving the notice of its status. The commissioner's
decision to uphold or deny an appeal is final.

(e) School performance report card data are nonpublic data under section 13.02,
subdivision 9, until not later than ten days after the appeal procedure described in
paragraph (d) concludes. The department shall annually post school performance report
cards to its public Web site no later than September 1.

EFFECTIVE DATE.

This section is effective July 1, 2014.

Sec. 2.

Minnesota Statutes 2010, section 122A.18, is amended by adding a subdivision
to read:

Subd. 10.

Tiered licensure.

(a) The Board of Teaching shall establish requirements
for issuance of probationary, standard, distinguished, and exemplary teacher licenses. In
adopting requirements, the board shall only include criteria that are directly linked to
evidence of teacher effectiveness in student mastery of state and legal standards.

(b) A probationary license must be issued prior to issuance of a standard license. For
teachers who have not held another teaching license in the state, a probationary license
must be issued for a duration of three years and may be renewed annually thereafter. For
a teacher who has previously held a standard, distinguished, or exemplary license, a
probationary license shall be issued for a duration of one year.

(c) The requirements for obtaining a teacher's first standard license must include
successfully being employed for at least three years in the area of initial licensure,
achieving at least one "average," "effective," or "highly effective" rating for teacher
performance as measured by section 122A.411, and completing continuous improvement
under this section. The requirement for three years of employment may be satisfied by
teaching any portion of those years in an essentially equivalent licensure area in another
state. Requirements for a standard license after a teacher's first standard license must
include achieving an "average," "effective," or "highly effective" rating in four of the
five previous rated years.

(d) The requirements for a distinguished license must include achieving a "highly
effective" rating under section 122A.411 in three of the five previous rated years and
completing continuous improvement under this section.

(e) The requirements for an exemplary license must include achieving a "highly
effective" rating under section 122A.411 in seven of the ten previous rated years and
completing continuous improvement under this section.

(f) Standard, distinguished, and exemplary licenses shall be issued for a duration
of five years.

EFFECTIVE DATE.

This section is effective for the 2014-2015 school year and
later.

Sec. 3.

Minnesota Statutes 2010, section 122A.40, subdivision 2, is amended to read:

Subd. 2.

Nonprovisional license Licenses defined.

For purposes of this section,
with respect to a teacher, "license" means a probationary, standard, distinguished, or
exemplary license as defined in section 122A.18. For purposes of this section with respect
to principals, "nonprovisional license" means an entrance, continuing, or life license.

EFFECTIVE DATE.

This section is effective for the 2014-2015 school year and
later.

Sec. 4.

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 period that
complies with section 122A.411. 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.

(e) The district's determination to issue a contract to a classroom teacher at the end
of the probationary period must be based on the following factors:

(1) the teacher's professional growth plan based on standards of professional practice
and student learning;

(2) the teacher's appraisal results under section 122A.411; and

(3) other locally selected criteria aligned to best instructional practices in teaching
and learning.

EFFECTIVE DATE.

This section is effective for the 2014-2015 school year and
later.

Sec. 5.

Minnesota Statutes 2010, section 122A.40, subdivision 7, is amended to read:

Subd. 7.

Termination of contract after probationary period.

(a) A teacher who
has completed a probationary period in any district, and who has not been discharged
or advised of a refusal to renew the teacher's contract under subdivision 5, shall elect
to have a continuing contract for periods of three years with such the district where
contract terms and conditions, including salary and salary increases, are established based
either on the length of the school calendar or an extended school calendar under section
120A.415. Thereafter, The teacher's contract must remain in full force and effect, except
as modified by mutual consent of the board and the teacher, until terminated by a majority
roll call vote of the full membership of the board prior to April 1 upon one of the grounds
specified in subdivision 9 or July 1 upon one of the grounds specified in subdivision 10
or 11, or until the teacher is discharged pursuant to subdivision 13, or by the written
resignation of the teacher submitted prior to April 1. If an agreement as to the terms and
conditions of employment for the succeeding school year has not been adopted pursuant
to the provisions of sections 179A.01 to 179A.25 prior to March 1, the teacher's right of
resignation is extended to the 30th calendar day following the adoption of said the contract
in compliance with under section 179A.20, subdivision 5. Such Written resignation by
the teacher is effective as of on June 30 if submitted prior to that date and the teachers'
teacher's right of resignation for the next school year then beginning shall cease on July 15.

(b) Before a teacher's contract is terminated by the board, the board must notify
the teacher in writing and state its ground for the proposed termination in reasonable
detail together with a statement that the teacher may make a written request for a hearing
before the board within 14 days after receipt of such notification. If the grounds are
those specified in subdivision 9 or 13, the notice must also state a teacher may request
arbitration under subdivision 15. Within 14 days after receipt of this notification the
teacher may make a written request for a hearing before the board or an arbitrator and it
shall be granted upon reasonable notice to the teacher of the date set for hearing, before
final action is taken. If no hearing is requested within such period, it shall be deemed
acquiescence by the teacher to the board's action. Such The teacher's termination shall
take effect at the close of the school year in which the contract is terminated in the manner
aforesaid is effective as permitted under subdivision 9 or 13. Such A contract may be
terminated at any time by mutual consent of the board and the teacher and this section
does not affect the powers of a board to suspend, discharge, or demote a teacher under
and pursuant to other provisions of law.

(b) (c) A teacher electing to have a continuing contract based on the extended school
calendar under section 120A.415 must participate in staff development training under
subdivision 7a and shall receive an increased base salary.

EFFECTIVE DATE.

This section is effective for the 2014-2015 school year and
later.

Sec. 6.

Minnesota Statutes 2010, section 122A.40, is amended by adding a subdivision
to read:

Subd. 7b.

Teacher continuing tenure system.

(a) The teacher continuing tenure
system is established:

(1) to require that teacher employment and continuation of that employment be
based on evidence of satisfactory academic achievement growth of students aligned to the
requirements under section 122A.411; and

(2) to support teachers' professional growth and responsibility in improving the
academic achievement growth of students.

(b) After the completion of the initial three-year probationary period, without
discharge, a teacher who is thereupon reemployed shall continue in service and hold that
position during good behavior and efficient and competent service for periods of three
years. The terms and conditions of a teacher's employment contract, including salary and
salary increases, must be based either on the length of the school year or an extended
school calendar under section 120A.415.

(c) At the end of every three years of a classroom teacher's service, the school
district must either continue or terminate a teacher's service to the district. The district's
continuing tenure determination must be based on the following factors:

(1) a portfolio of the teacher's three-year professional growth plan based on standards
of professional practice, student learning, and successful teacher evaluations that comply
with section 122A.411, conducted at least twice per year;

(2) the teacher's appraisal results under section 122A.411; and

(3) other locally selected criteria aligned to best instructional practices in teaching
and learning.

(d) The school board shall give teachers notice in writing before April 1 of renewal
or termination of employment.

EFFECTIVE DATE.

This section is effective for the 2014-2015 school year and
later.

Sec. 7.

Minnesota Statutes 2010, section 122A.40, subdivision 9, is amended to read:

Subd. 9.

Grounds for termination.

(a) A continuing contract may be terminated,
effective at the close of the school year, upon any of the following grounds:

(a) (1) inefficiency;

(b) (2) neglect of duty, or persistent violation of school laws, rules, regulations,
or directives;

(c) (3) conduct unbecoming a teacher which materially impairs the teacher's
educational effectiveness;

(d) (4) other good and sufficient grounds rendering the teacher unfit to perform the
teacher's duties.; or

(5) the teacher is not recommended by the district for continuing tenure pursuant
to this section.

(b) A contract must not be terminated upon one of the grounds specified in clause
paragraph (a), (b), (c), or (d), unless the teacher fails to correct the deficiency after being
given written notice of the specific items of complaint and reasonable time within which
180 days after receiving the notice to remedy them.

EFFECTIVE DATE.

This section is effective for the 2014-2015 school year and
later.

Sec. 8.

Minnesota Statutes 2010, section 122A.40, subdivision 10, is amended to read:

Subd. 10.

Negotiated unrequested leave of absence.

The school board and the
exclusive bargaining representative of the teachers may negotiate a plan providing for
unrequested leave of absence without pay or fringe benefits for as many teachers as may
be necessary because of discontinuance of position, lack of pupils, financial limitations, or
merger of classes caused by consolidation of districts. Failing to successfully negotiate
such a plan, the provisions of subdivision 11 shall apply. The negotiated plan must not
include provisions which would result in the exercise of seniority by a teacher holding a
provisional license, other than a vocational education license, contrary to the provisions of
subdivision 11, clause (c), or the reinstatement of a teacher holding a provisional license,
other than a vocational education license, contrary to the provisions of subdivision 11,
clause (e). The provisions of section 179A.16 do not apply for the purposes of this
subdivision.

EFFECTIVE DATE.

This section is effective for the 2014-2015 school year and
later.

Sec. 9.

Minnesota Statutes 2010, section 122A.40, subdivision 11, is amended to read:

Subd. 11.

Unrequested leave of absence.

(a) The board may place on unrequested
leave of absence, without pay or fringe benefits, as many teachers as may be necessary
because of discontinuance of position, lack of pupils, financial limitations, or merger of
classes caused by consolidation of districts. The unrequested leave is effective at the close
of the school year. In placing teachers on unrequested leave, the superintendent may
exempt from the effects of paragraphs (b) to (g) those teachers who, in the superintendent's
judgment, are able to provide instruction that similarly licensed teachers cannot provide.
The board is governed by the following provisions: paragraphs (b) to (k).

(a) The board may place probationary teachers on unrequested leave first in the
inverse order of their employment. A teacher who has acquired continuing contract rights
must not be placed on unrequested leave of absence while probationary teachers are
retained in positions for which the teacher who has acquired continuing contract rights is
licensed;

(b) Teachers who have acquired continuing contract rights shall be placed on
unrequested leave of absence in fields in which they are licensed in the following order:

(1) teachers with a provisional license in the inverse order in which they were
employed by the school district.;

(2) teachers with a probationary license who have four or more years of teaching
experience in the inverse order in which they were employed by the school district;

(3) teachers with a probationary license who have less than four years of teaching
experience in the inverse order in which they were employed by the school district;

(4) teachers with a standard license in the inverse order in which they were employed
by the school district;

(5) teachers with a distinguished license in the inverse order in which they were
employed by the school district; and

(6) teachers with an exemplary license in the inverse order in which they were
employed by the school district.

(c) In the case of equal seniority within a clause of paragraph (b), the order in which
teachers who have acquired continuing contract rights shall be placed on unrequested
leave of absence in fields in which they are licensed is negotiable;.

(c) Notwithstanding the provisions of clause (b), a teacher is not entitled to exercise
any seniority when that exercise results in that teacher being retained by the district in a
field for which the teacher holds only a provisional license, as defined by the board of
teaching, unless that exercise of seniority results in the placement on unrequested leave of
absence of another teacher who also holds a provisional license in the same field. The
provisions of this clause do not apply to vocational education licenses;

(d) Notwithstanding clauses (a), paragraphs (b) and (c), if the placing of a
probationary teacher on unrequested leave before a teacher who has acquired continuing
rights, the placing of a teacher who has acquired continuing contract rights on unrequested
leave before another teacher who has acquired continuing contract rights but who has
greater seniority, or the restriction restrictions imposed by the provisions of clause
paragraph (b) or (c) would place the district in violation of its affirmative action program,
the district may retain the probationary lower licensed or less senior teacher, the teacher
with less seniority, or the provisionally licensed teacher;.

(e) Teachers placed on unrequested leave of absence must be reinstated to the
positions from which they have been given leaves of absence or, if not available, to
other available positions in the school district in fields in which they are licensed.
Reinstatement must be in the inverse order of placement on leave of absence. A teacher
must not be reinstated to a position in a field in which the teacher holds only a provisional
license, other than a vocational education license, while another teacher who holds a
nonprovisional license in the same field remains on unrequested leave. The order of
reinstatement of teachers who have equal seniority and who are placed on unrequested
leave in the same school year is negotiable;.

(f) Appointment of a new teacher must not be made while there is available, on
unrequested leave, a teacher who is properly licensed to fill such vacancy, unless the
teacher fails to advise the school board within 30 days of the date of notification that a
position is available to that teacher who may return to employment and assume the duties
of the position to which appointed on a future date determined by the board;.

(g) A teacher placed on unrequested leave of absence may engage in teaching or any
other occupation during the period of this leave;.

(h) The unrequested leave of absence must not impair the continuing contract rights
of a teacher or result in a loss of credit for previous years of service;.

(i) The unrequested leave of absence of a teacher who is placed on unrequested leave
of absence and who is not reinstated shall continue for a period of five years until that
teacher's contract expires under subdivision 9, after which the right to reinstatement shall
terminate. The teacher's right to reinstatement shall also terminate if the teacher fails to
file with the board by April 1 of any year a written statement requesting reinstatement;.

(j) The same provisions applicable to terminations of probationary or continuing
contracts in subdivisions 5 and 7 must apply to placement on unrequested leave of
absence;.

(k) Nothing in this subdivision shall be construed to impair the rights of teachers
placed on unrequested leave of absence to receive unemployment benefits if otherwise
eligible.

EFFECTIVE DATE.

This section is effective for the 2014-2015 school year and
later.

Sec. 10.

Minnesota Statutes 2010, section 122A.41, subdivision 1, is amended to read:

Subdivision 1.

Words, terms, and phrases.

Unless the language or context clearly
indicates that a different meaning is intended, the following words, terms, and phrases, for
the purposes of the following subdivisions in this section shall be defined as follows:

(a) Teachers. The term "teacher" includes every person regularly employed, as a
principal, or to give instruction in a classroom, or to superintend or supervise classroom
instruction, or as placement teacher and visiting teacher. Persons regularly employed as
counselors and school librarians shall be covered by these sections as teachers if licensed
as teachers or as school librarians.

(b) School board. The term "school board" includes a majority in membership
of any and all boards or official bodies having the care, management, or control over
public schools.

(c) Demote. The word "demote" means to reduce in rank or to transfer to a lower
branch of the service or to a position carrying a lower salary or compensation.

(d) Nonprovisional license. For purposes of this section with respect to principals,
"nonprovisional license" shall mean an entrance, continuing, or life license.

(e) License. For purposes of this section with respect to teachers, "license" means a
probationary, standard, distinguished, or exemplary license as defined in section 122A.18.

EFFECTIVE DATE.

This section is effective for the 2014-2015 school year and
later.

Sec. 11.

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 subdivision 3
that complies with section 122A.411. 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.

(d) The district's determination to issue a contract to a classroom teacher at the end
of the probationary period must be based on the following factors:

(1) a portfolio of the teacher's professional growth plan based on standards of
professional practice, student learning, and successful teacher evaluations that comply
with section 122A.411, conducted according to the evaluation schedule in paragraph (a);

(2) the teacher's appraisal results under section 122A.411; and

(3) other locally selected criteria aligned to best instructional practices in teaching
and learning.

(e) The school board shall give teachers notice in writing before April 1 of renewal
or termination of employment.

EFFECTIVE DATE.

This section is effective for the 2014-2015 school year and
later.

Sec. 12.

Minnesota Statutes 2010, section 122A.41, subdivision 4, is amended to read:

Subd. 4.

Period of service after probationary period; discharge or demotion
Teacher continuing tenure system.

(a) The teacher continuing tenure system is
established:

(1) to require teacher employment and continuation of that employment at least
every three years based on evidence of satisfactory academic achievement growth of
students aligned to the requirements under section 122A.411; and

(2) to support teachers' professional growth and responsibility in improving the
academic achievement growth of students.

(b) After the completion of such the initial three-year probationary period, without
discharge, such teachers as are a teacher who is thereupon reemployed shall continue in
service and hold their respective that position during good behavior and efficient and
competent service and must not be discharged or demoted except for cause after a hearing
for periods of three years. The terms and conditions of a teacher's employment contract,
including salary and salary increases, must be based either on the length of the school year
or an extended school calendar under section 120A.415.

(b) A probationary teacher is deemed to have been reemployed for the ensuing
school year, unless the school board in charge of such school gave such teacher notice in
writing before July 1 of the termination of such employment.

(c) A teacher electing to have an employment contract based on the extended school
calendar under section 120A.415 must participate in staff development training under
subdivision 4a and shall receive an increased base salary.

(d) At the end of every three years of a classroom teacher's service, the school
district must either continue or terminate a teacher's service to the district. The district's
continuing tenure determination must be based on the following factors:

(1) a portfolio of the teacher's three-year professional growth plan based on standards
of professional practice, student learning, and successful teacher evaluations that comply
with section 122A.411, conducted at least twice per year;

(2) the teacher's appraisal results under section 122A.411; and

(3) other locally selected criteria aligned to best instructional practices in teaching
and learning.

(e) The school board shall give teachers notice in writing before July 1 of renewal
or termination of employment.

(f) A teacher not recommended for continuing tenure by the district shall have the
right to request a hearing pursuant to this section.

EFFECTIVE DATE.

This section is effective for the 2014-2015 school year and
later.

Sec. 13.

Minnesota Statutes 2010, section 122A.41, subdivision 6, is amended to read:

Subd. 6.

Grounds for discharge or demotion.

(a) Except as otherwise provided
in paragraph (b), causes for the discharge or demotion of a teacher either during or after
the probationary period must be:

(1) immoral character, conduct unbecoming a teacher, or insubordination;

(2) failure without justifiable cause to teach without first securing the written release
of the school board having the care, management, or control of the school in which the
teacher is employed;

(3) inefficiency in teaching or in the management of a school;

(4) affliction with active tuberculosis or other communicable disease must be
considered as cause for removal or suspension while the teacher is suffering from such
disability; or

(5) discontinuance of position or lack of pupils.; or

(6) the teacher is not recommended by the district for continuing tenure pursuant
to this section.

For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
discriminatory practice described in section 363A.13. A contract must not be terminated
upon the grounds specified in clause (6) unless the teacher fails to correct the deficiency
after being given written notice of the specific items of complaint and 180 days within
which to remedy them.

(b) A probationary or continuing-contract teacher must be discharged 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.

EFFECTIVE DATE.

This section is effective for the 2014-2015 school year and
later.

Sec. 14.

Minnesota Statutes 2010, section 122A.41, subdivision 14, is amended to read:

Subd. 14.

Services terminated by discontinuance or lack of pupils; preference
given.

(a) A teacher whose services are terminated on account of discontinuance of
position or lack of pupils must receive first consideration for other positions in the district
for which that teacher is qualified. Unless a board and the exclusive representative of
teachers in the district negotiate a plan otherwise, in the event it becomes necessary to
discontinue one or more positions, in making such discontinuance, teachers must be
discontinued in any department in the following order:

(1) teachers with a provisional license in the inverse order in which they were
employed, unless a board and the exclusive representative of teachers in the district
negotiate a plan providing otherwise.;

(2) teachers with a probationary license who have four or more years of teaching
experience in the inverse order in which they were employed by the school district;

(3) teachers with a probationary license who have less than four years of teaching
experience in the inverse order in which they were employed by the school district;

(4) teachers with a standard license in the inverse order in which they were employed
by the school district;

(5) teachers with a distinguished license in the inverse order in which they were
employed by the school district; and

(6) teachers with an exemplary license in the inverse order in which they were
employed by the school district.

(b) Notwithstanding the provisions of clause (a), a teacher is not entitled to exercise
any seniority when that exercise results in that teacher being retained by the district in
a field for which the teacher holds only a provisional license, as defined by the Board
of Teaching, unless that exercise of seniority results in the termination of services, on
account of discontinuance of position or lack of pupils, of another teacher who also
holds a provisional license in the same field. The provisions of this clause do not apply
to vocational education licenses.

(c) Notwithstanding the provisions of clause (a), a teacher must not be reinstated
to a position in a field in which the teacher holds only a provisional license, other than a
vocational education license, while another teacher who holds a nonprovisional license in
the same field is available for reinstatement.

EFFECTIVE DATE.

This section is effective for the 2014-2015 school year and
later.

Sec. 15.

[122A.418] LICENSURE-BASED BONUSES.

(a) A teacher with a distinguished teacher license under section 122A.18 shall
receive an annual bonus equal to ten percent of the teacher's base salary until the teacher
no longer holds a distinguished license.

(b) A teacher with an exemplary license under section 122A.18 shall receive an
annual bonus equal to 20 percent of the teacher's base salary until the teacher no longer
holds an exemplary license.

EFFECTIVE DATE.

This section is effective July 1, 2019.

Sec. 16.

Minnesota Statutes 2010, section 123B.09, subdivision 8, is amended to read:

Subd. 8.

Duties.

The board must superintend and manage the schools of the
district; adopt rules for their organization, government, and instruction; keep registers; and
prescribe textbooks and courses of study. The board may enter into an agreement with
a postsecondary institution for secondary or postsecondary nonsectarian courses to be
taught at a secondary school, nonsectarian postsecondary institution, or another location.
The board must not enter into an agreement that limits a district superintendent's duty to
assign and reassign teachers or administrators to the schools in which the teachers will
teach or the administrator will administer.

Sec. 17.

Minnesota Statutes 2010, section 123B.143, subdivision 1, is amended to read:

Subdivision 1.

Contract; duties.

All districts maintaining a classified secondary
school must employ a superintendent who shall be an ex officio nonvoting member of the
school board. The authority for selection and employment of a superintendent must be
vested in the board in all cases. An individual employed by a board as a superintendent
shall have an initial employment contract for a period of time no longer than three years
from the date of employment. Any subsequent employment contract must not exceed a
period of three years. A board, at its discretion, may or may not renew an employment
contract. A board must not, by action or inaction, extend the duration of an existing
employment contract. Beginning 365 days prior to the expiration date of an existing
employment contract, a board may negotiate and enter into a subsequent employment
contract to take effect upon the expiration of the existing contract. A subsequent contract
must be contingent upon the employee completing the terms of an existing contract. If a
contract between a board and a superintendent is terminated prior to the date specified in
the contract, the board may not enter into another superintendent contract with that same
individual that has a term that extends beyond the date specified in the terminated contract.
A board may terminate a superintendent during the term of an employment contract for any
of the grounds specified in section 122A.40, subdivision 9 or 13. A superintendent shall
not rely upon an employment contract with a board to assert any other continuing contract
rights in the position of superintendent under section 122A.40. Notwithstanding the
provisions of sections 122A.40, subdivision 10 or 11, 123A.32, 123A.75, or any other law
to the contrary, no individual shall have a right to employment as a superintendent based
on order of employment in any district. If two or more districts enter into an agreement for
the purchase or sharing of the services of a superintendent, the contracting districts have
the absolute right to select one of the individuals employed to serve as superintendent
in one of the contracting districts and no individual has a right to employment as the
superintendent to provide all or part of the services based on order of employment in a
contracting district. The superintendent of a district shall perform the following:

(1) visit and supervise the schools in the district, report and make recommendations
about their condition when advisable or on request by the board;

(2) recommend to the board employment and dismissal of teachers;

(3) before the start of the school year, and at other times as needed, assign highly
effective teachers and administrators, as defined in section 122A.411, to schools to best
meet student and school needs as determined by the superintendent;

(4) superintend school grading practices and examinations for promotions;

(4) (5) make reports required by the commissioner; and

(5) (6) perform other duties prescribed by the board.

For purposes of this section, "school" includes a public school as defined under
section 120A.22, subdivision 4, or a nonpublic school as defined under section 120A.22,
subdivision 4, that elects to comply with this section, and charter schools under section
124D.10

Sec. 18. RACIALLY DIVERSE TEACHER STUDIES.

(a) The commissioner of education shall develop a request for proposals for a study
measuring the impact of having a racially diverse teacher in a class of predominantly
nonwhite students has on student achievement. The study must control for the
effectiveness level of the teacher.

(b) The commissioner of education shall develop a request for proposals for a study
evaluating school district practices for recruiting racially diverse teachers.

EFFECTIVE DATE.

This section is effective July 1, 2013. The study in paragraph
(a) may not be commenced until after the 2013-2014 school year.