1.1.................... moves to amend H.F. No. 3163 as follows:
1.2Page 11, after line 14, insert:

1.3    "Sec. 7. Minnesota Statutes 2008, section 122A.40, subdivision 5, is amended to read:
1.4    Subd. 5. Probationary period. (a) The first three consecutive years of a teacher's
1.5first teaching experience in Minnesota in a single district is deemed to be a probationary
1.6period of employment, and after completion thereof, the probationary period in each
1.7district in which the teacher is thereafter employed shall be one year. The school board
1.8must adopt a plan for written evaluation of teachers during the probationary period. The
1.9written evaluation must be conducted by a licensed administrator and must include: (1)
1.10individual teacher evaluations aligned with the educational improvement plan under
1.11section 122A.413 and the staff development plan under section 122A.60; and (2) objective
1.12evaluations using multiple criteria conducted by a locally selected and periodically trained
1.13evaluation team that understands teaching and learning. Evaluation must occur at least
1.14three times each year for a teacher performing services on 120 or more school days, at
1.15least two times each year for a teacher performing services on 60 to 119 school days, and
1.16at least one time each year for a teacher performing services on fewer than 60 school
1.17days. Days devoted to parent-teacher conferences, teachers' workshops, and other staff
1.18development opportunities and days on which a teacher is absent from school must not
1.19be included in determining the number of school days on which a teacher performs
1.20services. Except as otherwise provided in paragraph (b), during the probationary period
1.21any annual contract with any teacher may or may not be renewed as the school board
1.22shall see fit. However, the board must give any such teacher whose contract it declines
1.23to renew for the following school year written notice to that effect before July 1. If the
1.24teacher requests reasons for any nonrenewal of a teaching contract, the board must give
1.25the teacher its reason in writing, including a statement that appropriate supervision was
1.26furnished describing the nature and the extent of such supervision furnished the teacher
1.27during the employment by the board, within ten days after receiving such request. The
2.1school board may, after a hearing held upon due notice, discharge a teacher during the
2.2probationary period for cause, effective immediately, under section 122A.44.
2.3(b) A board must discharge a probationary teacher, effective immediately, upon
2.4receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's
2.5license has been revoked due to a conviction for child abuse or sexual abuse.
2.6(c) A probationary teacher whose first three years of consecutive employment are
2.7interrupted for active military service and who promptly resumes teaching consistent with
2.8federal reemployment timelines for uniformed service personnel under United States
2.9Code, title 38, section 4312(e), is considered to have a consecutive teaching experience
2.10for purposes of paragraph (a).
2.11(d) A probationary teacher must complete at least 60 days of teaching service each
2.12year during the probationary period. Days devoted to parent-teacher conferences, teachers'
2.13workshops, and other staff development opportunities and days on which a teacher is
2.14absent from school do not count as days of teaching service under this paragraph.

2.15    Sec. 8. Minnesota Statutes 2009 Supplement, section 122A.40, subdivision 6, is
2.16amended to read:
2.17    Subd. 6. Mentoring for probationary teachers. (a) A school board and an
2.18exclusive representative of the teachers in the district must develop a probationary
2.19teacher peer review process through joint agreement. The process may shall include
2.20having trained observers serve as mentors or coaches or having teachers participate in
2.21professional learning communities.
2.22(b) Districts shall provide support to teachers throughout their probationary period
2.23to ensure new teachers are successfully meeting tenure requirements. The support to
2.24new teachers shall include:
2.25(1) professional learning driven by standards of professional practice to improve
2.26teaching and reflection on practice, including an orientation process introducing the new
2.27teacher to the district, school, and teaching assignment;
2.28(2) seminars to promote professional growth and differentiated based on teacher
2.29and student needs;
2.30(3) trained mentors provided with opportunities to meet with the new teacher
2.31for coaching, collaboration, and reflection on practice; to assist in implementation of
2.32professional growth plans; and to conduct formative assessments and observations to
2.33measure new teachers' development and to be utilized in improvement of teaching; and
3.1(4) development of new teachers' professional growth plan based on teaching
3.2practice, student learning, and teacher evaluations conducted at least three times per year
3.3pursuant to the objective evaluation program described in subdivision 5, paragraph (a).

3.4    Sec. 9. Minnesota Statutes 2008, section 122A.40, is amended by adding a subdivision
3.5to read:
3.6    Subd. 7b. Teacher tenure renewal system. (a) The teacher tenure renewal system
3.7is established:
3.8(1) to require teacher employment and renewal of that employment at least every
3.9five years based on the academic achievement growth of students;
3.10(2) to support teachers' professional growth and responsibility in improving the
3.11academic achievement growth of students; and
3.12(3) to encourage teachers to undertake challenging assignments.
3.13(b) After completion of the initial three-year probationary period, without discharge,
3.14a teacher who is reemployed shall continue in service and hold that position during good
3.15behavior and efficient and competent service for periods of five years. The terms and
3.16conditions of a teacher's employment contract, including salary and salary increases,
3.17must be based either on the length of the school year or an extended school calendar
3.18under section 120A.415.
3.19(c) At the end of every five years of a teacher's service, the school district must either
3.20renew or terminate a teacher's service to the district. The district's tenure determination
3.21must be based on the following factors:
3.22(1) a portfolio of the teacher's five-year professional growth plan based on teaching
3.23practice, student learning, and successful teacher evaluations conducted at least three
3.24times per year pursuant to an objective evaluation program that must include:
3.25(i) individual teacher evaluations aligned with the educational improvement plan
3.26under section 122A.413 and the staff development plan under section 122A.60; and
3.27(ii) objective evaluations using multiple criteria conducted by a locally selected and
3.28periodically trained evaluation team that understands teaching and learning;
3.29(2) schoolwide student achievement gains under section 120B.35; and
3.30(3) locally selected standardized academic assessment student outcomes.
3.31(d) The school board shall give each teacher notice of renewal or termination of
3.32employment in writing before July 1 of the end of the five-year period.

3.33    Sec. 10. Minnesota Statutes 2009 Supplement, section 122A.40, subdivision 8, is
3.34amended to read:
4.1    Subd. 8. Peer coaching for continuing contract teachers. (a) A school board and
4.2an exclusive representative of the teachers in the district shall develop a peer review
4.3process for continuing contract teachers through joint agreement. The process may
4.4include having trained observers serve as peer coaches or having teachers participate in
4.5professional learning communities.
4.6(b) Districts shall provide support to teachers to ensure teachers' professional growth
4.7through:
4.8(1) professional learning driven by standards of professional practice to improve
4.9teaching and reflection on practice;
4.10(2) seminars to promote professional growth and differentiated based on teacher and
4.11student needs; and
4.12(3) a five-year professional growth plan focused on teachers' growth linked to
4.13teaching practice, student learning, and successful teacher evaluations as defined under
4.14section 122A.40, subdivision 7b, paragraph (c), clause (1), conducted at least three times
4.15per year.

4.16    Sec. 11. Minnesota Statutes 2008, section 122A.41, subdivision 2, is amended to read:
4.17    Subd. 2. Probationary period; discharge or demotion. (a) All teachers in
4.18the public schools in cities of the first class during the first three years of consecutive
4.19employment shall be deemed to be in a probationary period of employment during which
4.20period any annual contract with any teacher may, or may not, be renewed as the school
4.21board, after consulting with the peer review committee charged with evaluating the
4.22probationary teachers under subdivision 3, shall see fit. The school site management team
4.23or the school board if there is no school site management team, shall adopt a plan for a
4.24written evaluation of teachers during the probationary period according to subdivision 3.
4.25The written evaluation must be conducted by a licensed administrator and must include:
4.26(1) individual teacher evaluations aligned with the educational improvement plan
4.27under section 122A.413 and the staff development plan under section 122A.60; and
4.28(2) objective evaluations using multiple criteria conducted by a locally selected and
4.29periodically trained evaluation team that understands teaching and learning.
4.30Evaluation by the peer review committee charged with evaluating probationary
4.31teachers under subdivision 3 shall occur at least three times each year for a teacher
4.32performing services on 120 or more school days, at least two times each year for a teacher
4.33performing services on 60 to 119 school days, and at least one time each year for a
4.34teacher performing services on fewer than 60 school days. Days devoted to parent-teacher
4.35conferences, teachers' workshops, and other staff development opportunities and days on
5.1which a teacher is absent from school shall not be included in determining the number of
5.2school days on which a teacher performs services. The school board may, during such
5.3probationary period, discharge or demote a teacher for any of the causes as specified in
5.4this code. A written statement of the cause of such discharge or demotion shall be given to
5.5the teacher by the school board at least 30 days before such removal or demotion shall
5.6become effective, and the teacher so notified shall have no right of appeal therefrom.
5.7(b) A probationary teacher whose first three years of consecutive employment are
5.8interrupted for active military service and who promptly resumes teaching consistent with
5.9federal reemployment timelines for uniformed service personnel under United States
5.10Code, title 38, section 4312(e), is considered to have a consecutive teaching experience
5.11for purposes of paragraph (a).
5.12(c) A probationary teacher must complete at least 60 days of teaching service each
5.13year during the probationary period. Days devoted to parent-teacher conferences, teachers'
5.14workshops, and other staff development opportunities and days on which a teacher is
5.15absent from school do not count as days of teaching service under this paragraph.

5.16    Sec. 12. Minnesota Statutes 2009 Supplement, section 122A.41, subdivision 3, is
5.17amended to read:
5.18    Subd. 3. Mentoring for probationary teachers. (a) A board and an exclusive
5.19representative of the teachers in the district must develop a probationary teacher peer
5.20review process through joint agreement. The process may include having trained
5.21observers serve as mentors or coaches or having teachers participate in professional
5.22learning communities.
5.23(b) Districts shall provide support to teachers throughout their probationary period
5.24to ensure new teachers are successfully meeting tenure requirements. The support to
5.25new teachers shall include:
5.26(1) professional learning driven by standards of professional practice to improve
5.27teaching and reflection on practice, including an orientation process introducing the new
5.28teacher to the district, school, and teaching assignment;
5.29(2) seminars to promote professional growth and differentiated based on teacher
5.30and student needs;
5.31(3) trained mentors provided with opportunities to meet with the new teacher
5.32for coaching, collaboration, and reflection on practice; to assist in implementation of
5.33professional growth plans; and to conduct formative assessments and observations to
5.34measure new teachers' development and to be utilized in improvement of teaching; and
6.1(4) development of the new teacher's professional growth plan based on teaching
6.2practice, student learning, and teacher evaluations conducted at least three times per year
6.3pursuant to the objective evaluation program described in subdivision 2, paragraph (a).

6.4    Sec. 13. Minnesota Statutes 2008, section 122A.41, subdivision 4, is amended to read:
6.5    Subd. 4. Period of service after probationary period; discharge or demotion
6.6Teacher tenure renewal system. (a) The teacher tenure renewal system is established:
6.7(1) to require teacher employment and renewal of that employment at least every
6.8five years based on the academic achievement growth of students;
6.9(2) to support teachers' professional growth and responsibility in improving the
6.10academic achievement growth of students; and
6.11(3) to encourage teachers to undertake challenging assignments.
6.12(b) After the completion of such the initial three-year probationary period, without
6.13discharge, such teachers as are thereupon a teacher who is reemployed shall continue in
6.14service and hold their respective that position during good behavior and efficient and
6.15competent service and must not be discharged or demoted except for cause after a hearing
6.16for periods of five years. The terms and conditions of a teacher's employment contract,
6.17including salary and salary increases, must be based either on the length of the school year
6.18or an extended school calendar under section 120A.415.
6.19(b) A probationary teacher is deemed to have been reemployed for the ensuing
6.20school year, unless the school board in charge of such school gave such teacher notice in
6.21writing before July 1 of the termination of such employment.
6.22(c) A teacher electing to have an employment contract based on the extended school
6.23calendar under section 120A.415 must participate in staff development training under
6.24subdivision 4a and shall receive an increased base salary.
6.25(c) At the end of every five years of a teacher's service, the school district must either
6.26renew or terminate a teacher's service to the district. The district's tenure determination
6.27must be based on the following factors:
6.28(1) a portfolio of the teacher's five-year professional growth plan based on teaching
6.29practice, student learning, and successful teacher evaluations conducted at least three
6.30times per year pursuant to an objective evaluation program that must include:
6.31(i) individual teacher evaluations aligned with the educational improvement plan
6.32under section 122A.413 and the staff development plan under section 122A.60; and
6.33(ii) objective evaluations using multiple criteria conducted by a locally selected and
6.34periodically trained evaluation team that understands teaching and learning;
6.35(2) schoolwide student achievement gains under section 120B.35; and
7.1(3) locally selected standardized academic assessment student outcomes.

7.2    Sec. 14. Minnesota Statutes 2009 Supplement, section 122A.41, subdivision 5, is
7.3amended to read:
7.4    Subd. 5. Peer coaching for continuing contract teachers. (a) A school board
7.5and an exclusive representative of the teachers in the district must develop a peer
7.6review process for nonprobationary teachers through joint agreement. The process may
7.7include having trained observers serve as peer coaches or having teachers participate in
7.8professional learning communities.
7.9(b) Districts shall provide support to teachers to ensure teachers' professional growth
7.10through:
7.11(1) professional learning driven by standards of professional practice to improve
7.12teaching and reflection on practice;
7.13(2) seminars to promote professional growth and differentiated based on teacher and
7.14student needs; and
7.15(3) a five-year professional growth plan focused on teacher's growth linked to
7.16teaching practice and student learning and successful teacher evaluations conducted at
7.17least three times per year as defined under section 122A.41, subdivision 4, paragraph
7.18(c), clause (1)."
7.19Renumber the sections in sequence and correct the internal references
7.20Amend the title accordingly