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HF 2775

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/19/2014 12:13pm

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

Bill Text Versions

Engrossments
Introduction Posted on 03/06/2014
1st Engrossment Posted on 03/19/2014

Current Version - 1st Engrossment

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A bill for an act
relating to education; aligning teacher evaluation programs; amending Minnesota
Statutes 2012, section 122A.414, subdivision 2; Minnesota Statutes 2013
Supplement, sections 122A.40, subdivision 8; 122A.41, subdivision 5; 124D.10,
subdivision 8.

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

Section 1.

Minnesota Statutes 2013 Supplement, section 122A.40, subdivision 8,
is amended to read:


Subd. 8.

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

(a) To improve student learning and success, a school board and an exclusive
representative of the teachers in the district, consistent with paragraph (b), may develop
a teacher evaluation and peer review process for probationary and continuing contract
teachers through joint agreement. If a school board and the exclusive representative of the
teachers do not agree to an annual teacher evaluation and peer review process, then the
school board and the exclusive representative of the teachers must implement the new text beginstate
teacher evaluation
new text endplan deleted text beginfor evaluation and reviewdeleted text end under paragraph (c). The process must
include having trained observers serve as peer coaches deleted text beginor having teachers participate in
professional learning communities
deleted text end, consistent with paragraph (b).

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

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

(2) must establish a three-year professional review cycle for each teacher that
includes an individual growth and development plan, a peer review process, deleted text beginthe
opportunity to participate in a professional learning community under paragraph (a),
deleted text end and
at least one summative evaluation performed by a qualified and trained evaluator such as a
school administrator. For the years when a tenured teacher is not evaluated by a qualified
and trained evaluator, the teacher must be evaluated by a peer review;

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

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

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

(6) new text beginmay include job-embedded learning opportunities such as professional learning
communities;
new text end

new text begin (7) new text endmay include mentoring and induction programs;

deleted text begin (7)deleted text endnew text begin (8)new text end must include an option for teachers to develop and present a portfolio
demonstrating evidence of reflection and professional growth, consistent with section
122A.18, subdivision 4, paragraph (b), and include teachers' own performance assessment
based on student work samples and examples of teachers' work, which may include video
among other activities for the summative evaluation;

deleted text begin (8)deleted text endnew text begin (9)new text end must use data from valid and reliable assessments aligned to state and local
academic standards and must use state and local measures of student growth that may
include value-added models or student learning goals to determine 35 percent of teacher
evaluation results;

deleted text begin (9)deleted text endnew text begin (10)new text end must use longitudinal data on student engagement and connection, and
other student outcome measures explicitly aligned with the elements of curriculum for
which teachers are responsible;

deleted text begin (10)deleted text endnew text begin (11)new text end must require qualified and trained evaluators such as school administrators
to perform summative evaluationsnew text begin and ensure school districts and charter schools provide
for effective evaluator training specific to teacher development and evaluation
new text end;

deleted text begin (11)deleted text endnew text begin (12)new text end must give teachers not meeting professional teaching standards under
clauses (3) through deleted text begin(10)deleted text endnew text begin (11)new text end support to improve through a teacher improvement process
that includes established goals and timelines; and

deleted text begin (12)deleted text endnew text begin (13)new text end must discipline a teacher for not making adequate progress in the teacher
improvement process under clause deleted text begin(11)deleted text endnew text begin (12)new text end that may include a last chance warning,
termination, discharge, nonrenewal, transfer to a different position, a leave of absence, or
other discipline a school administrator determines is appropriate.

Data on individual teachers generated under this subdivision are personnel data
under section 13.43.new text begin The observation and interview notes of peer coaches may only be
disclosed to other school officials with the consent of the teacher being coached.
new text end

(c) The department, in consultation with parents who may represent parent
organizations and teacher and administrator representatives appointed by their respective
organizations, representing the Board of Teaching, the Minnesota Association of School
Administrators, the Minnesota School Boards Association, the Minnesota Elementary
and Secondary Principals Associations, Education Minnesota, and representatives of
the Minnesota Assessment Group, the Minnesota Business Partnership, the Minnesota
Chamber of Commerce, and Minnesota postsecondary institutions with research expertise
in teacher evaluation, must create and publish a teacher evaluation process that complies
with the requirements in paragraph (b) and applies to all teachers under this section and
section 122A.41 for whom no agreement exists under paragraph (a) for an annual teacher
evaluation and peer review process. The teacher evaluation process created under this
subdivision does not create additional due process rights for probationary teachers under
subdivision 5.

new text begin (d) Teacher development and evaluation revenue for a school district or charter
school that does not have an alternative professional pay system agreement under section
122A.414, subdivision 2, equals $169 times the number of pupils enrolled at the district
or charter school on October 1 of the previous school year. For an intermediate school
district, special education cooperative, secondary vocational cooperative, or other
cooperative unit under section 123A.24, subdivision 2, the teacher development and
evaluation revenue for the current school year equals the statewide average amount of
teacher development and evaluation revenue per licensed teacher times the number of
licensed teachers employed by the cooperative unit. A school district, charter school,
and cooperative unit must reserve and expend this teacher development and evaluation
revenue consistent with this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2015
and later.
new text end

Sec. 2.

Minnesota Statutes 2013 Supplement, section 122A.41, subdivision 5, is
amended to read:


Subd. 5.

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

(a) To improve student learning and success, a school board and an exclusive
representative of the teachers in the district, consistent with paragraph (b), may develop an
annual teacher evaluation and peer review process for probationary and nonprobationary
teachers through joint agreement. If a school board and the exclusive representative of the
teachers in the district do not agree to an annual teacher evaluation and peer review process,
then the school board and the exclusive representative of the teachers must implement
the new text beginstate teacher evaluation new text endplan deleted text beginfor evaluation and reviewdeleted text end developed under paragraph
(c). The process must include having trained observers serve as peer coaches or having
teachers participate in professional learning communities, consistent with paragraph (b).

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

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

(2) must establish a three-year professional review cycle for each teacher that
includes an individual growth and development plan, a peer review process, deleted text beginthe
opportunity to participate in a professional learning community under paragraph (a),
deleted text end and
at least one summative evaluation performed by a qualified and trained evaluator such
as a school administrator;

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

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

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

(6) new text beginmay include job-embedded learning opportunities such as professional learning
communities;
new text end

new text begin (7) new text endmay include mentoring and induction programs;

deleted text begin (7)deleted text endnew text begin (8)new text end must include an option for teachers to develop and present a portfolio
demonstrating evidence of reflection and professional growth, consistent with section
122A.18, subdivision 4, paragraph (b), and include teachers' own performance assessment
based on student work samples and examples of teachers' work, which may include video
among other activities for the summative evaluation;

deleted text begin (8)deleted text endnew text begin (9)new text end must use data from valid and reliable assessments aligned to state and local
academic standards and must use state and local measures of student growth that may
include value-added models or student learning goals to determine 35 percent of teacher
evaluation results;

deleted text begin (9)deleted text endnew text begin (10)new text end must use longitudinal data on student engagement and connection and
other student outcome measures explicitly aligned with the elements of curriculum for
which teachers are responsible;

deleted text begin (10)deleted text endnew text begin (11)new text end must require qualified and trained evaluators such as school administrators
to perform summative evaluationsnew text begin and ensure school districts and charter schools provide
for effective evaluator training specific to teacher development and evaluation
new text end;

deleted text begin (11)deleted text endnew text begin (12)new text end must give teachers not meeting professional teaching standards under
clauses (3) through deleted text begin(10)deleted text endnew text begin (11)new text end support to improve through a teacher improvement process
that includes established goals and timelines; and

deleted text begin (12)deleted text endnew text begin (13)new text end must discipline a teacher for not making adequate progress in the teacher
improvement process under clause deleted text begin(11)deleted text endnew text begin (12)new text end that may include a last chance warning,
termination, discharge, nonrenewal, transfer to a different position, a leave of absence, or
other discipline a school administrator determines is appropriate.

Data on individual teachers generated under this subdivision are personnel data
under section 13.43.new text begin The observation and interview notes of peer coaches may only be
disclosed to other school officials with the consent of the teacher being coached.
new text end

(c) The department, in consultation with parents who may represent parent
organizations and teacher and administrator representatives appointed by their respective
organizations, representing the Board of Teaching, the Minnesota Association of School
Administrators, the Minnesota School Boards Association, the Minnesota Elementary
and Secondary Principals Associations, Education Minnesota, and representatives of
the Minnesota Assessment Group, the Minnesota Business Partnership, the Minnesota
Chamber of Commerce, and Minnesota postsecondary institutions with research expertise
in teacher evaluation, must create and publish a teacher evaluation process that complies
with the requirements in paragraph (b) and applies to all teachers under this section and
section 122A.40 for whom no agreement exists under paragraph (a) for an annual teacher
evaluation and peer review process. The teacher evaluation process created under this
subdivision does not create additional due process rights for probationary teachers under
subdivision 2.

new text begin (d) Teacher development and evaluation revenue for a school district or charter
school that does not have an alternative professional pay system agreement under section
122A.414, subdivision 2, equals $169 times the number of pupils enrolled at the district
or charter school on October 1 of the previous school year. For an intermediate school
district, special education cooperative, secondary vocational cooperative, or other
cooperative unit under section 123A.24, subdivision 2, the teacher development and
evaluation revenue for the current school year equals the statewide average amount of
teacher development and evaluation revenue per licensed teacher times the number of
licensed teachers employed by the cooperative unit. A school district, charter school,
and cooperative unit must reserve and expend this teacher development and evaluation
revenue consistent with this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2015
and later.
new text end

Sec. 3.

Minnesota Statutes 2012, section 122A.414, subdivision 2, is amended to read:


Subd. 2.

Alternative teacher professional pay system.

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

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

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

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

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

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

(ii) measures of student deleted text beginachievementdeleted text endnew text begin growth that may include value-added models
or student learning goals, consistent with section 122A.40, subdivision 8, paragraph (b),
clause (9), or 122A.41, subdivision 5, paragraph (b), clause (9)
new text end; deleted text beginand
deleted text end

(iii) an objective evaluation program deleted text beginthat includes:deleted text endnew text begin under section 122A.40,
subdivision 8, paragraph (b), clause (2), or 122A.41, subdivision 5, paragraph (b), clause (2)
new text end

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

deleted text begin (B) objective evaluations using multiple criteria conducted by a locally selected and
periodically trained evaluation team that understands teaching and learning
deleted text end;

(4) provide deleted text beginintegrated ongoing site-based professional development activitiesdeleted text endnew text begin for
participation in job-embedded learning opportunities such as professional learning
communities
new text end to improve instructional skills and learning that are aligned with student needs
under section 122A.413, consistent with the staff development plan under section 122A.60
and led during the school day by trained teacher leaders such as master or mentor teachers;

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

(6) encourage collaboration rather than competition among teachers.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2015 and
later. Paragraph (b), clause (3), is effective for agreements under this section approved
after August 1, 2015.
new text end

Sec. 4.

Minnesota Statutes 2013 Supplement, section 124D.10, subdivision 8, is
amended to read:


Subd. 8.

Federal, state, and local requirements.

(a) A charter school shall meet all
federal, state, and local health and safety requirements applicable to school districts.

(b) A school must comply with statewide accountability requirements governing
standards and assessments in chapter 120B.

(c) A school authorized by a school board may be located in any district, unless the
school board of the district of the proposed location disapproves by written resolution.

(d) A charter school must be nonsectarian in its programs, admission policies,
employment practices, and all other operations. An authorizer may not authorize a charter
school or program that is affiliated with a nonpublic sectarian school or a religious
institution. A charter school student must be released for religious instruction, consistent
with section 120A.22, subdivision 12, clause (3).

(e) Charter schools must not be used as a method of providing education or
generating revenue for students who are being home-schooled. This paragraph does not
apply to shared time aid under section 126C.19.

(f) The primary focus of a charter school must be to provide a comprehensive
program of instruction for at least one grade or age group from five through 18 years
of age. Instruction may be provided to people younger than five years and older than
18 years of age.

(g) A charter school may not charge tuition.

(h) A charter school is subject to and must comply with chapter 363A and section
121A.04.

(i) A charter school is subject to and must comply with the Pupil Fair Dismissal
Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections
123B.34 to 123B.39.

(j) A charter school is subject to the same financial audits, audit procedures, and
audit requirements as a district, except as required under subdivision 6a. Audits must be
conducted in compliance with generally accepted governmental auditing standards, the
federal Single Audit Act, if applicable, and section 6.65. A charter school is subject
to and must comply with sections 15.054; 118A.01; 118A.02; 118A.03; 118A.04;
118A.05; 118A.06; 471.38; 471.391; 471.392; and 471.425. The audit must comply with
the requirements of sections 123B.75 to 123B.83, except to the extent deviations are
necessary because of the program at the school. Deviations must be approved by the
commissioner and authorizer. The Department of Education, state auditor, legislative
auditor, or authorizer may conduct financial, program, or compliance audits. A charter
school determined to be in statutory operating debt under sections 123B.81 to 123B.83
must submit a plan under section 123B.81, subdivision 4.

(k) A charter school is a district for the purposes of tort liability under chapter 466.

(l) A charter school must comply with chapters 13 and 13D; and sections 120A.22,
subdivision 7
; 121A.75; and 260B.171, subdivisions 3 and 5.

(m) A charter school is subject to the Pledge of Allegiance requirement under
section 121A.11, subdivision 3.

(n) A charter school offering online courses or programs must comply with section
124D.095.

(o) A charter school and charter school board of directors are subject to chapter 181.

(p) A charter school must comply with section 120A.22, subdivision 7, governing
the transfer of students' educational records and sections 138.163 and 138.17 governing
the management of local records.

(q) A charter school that provides early childhood health and developmental
screening must comply with sections 121A.16 to 121A.19.

(r) A charter school that provides school-sponsored youth athletic activities must
comply with section 121A.38.

(s) A charter school is subject to and must comply with continuing truant notification
under section 260A.03.

(t) A charter school must develop and implement a teacher evaluation and peer review
process under section 122A.40, subdivision 8, paragraph (b), clauses (2) to deleted text begin(12)deleted text endnew text begin (13), and
is eligible to receive teacher development and evaluation revenue under section 122A.40,
subdivision 8, paragraph (d), or 122A.41, subdivision 5, paragraph (d), for this purpose
new text end.

(u) A charter school must adopt a policy, plan, budget, and process, consistent with
section 120B.11, to review curriculum, instruction, and student achievement and strive
for the world's best workforce.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2015
and later.
new text end