1.1.................... moves to amend the H0757A5 amendment to H.F. No. 575, the delete
1.2everything amendment (H0575DE1-4), as follows:
1.3Page 1, after line 2, insert:
1.4"Page 1, line 12, after the period insert that is consistent with subdivision 8
1.5Page 2, after line 16, insert:

1.6    Sec. 2. Minnesota Statutes 2010, section 122A.40, subdivision 6, is amended to read:
1.7    Subd. 6. Mentoring for probationary teachers. A school board and an exclusive
1.8representative of the teachers in the district must develop a probationary teacher peer
1.9review process through joint agreement that is consistent with subdivision 8. The process
1.10may include having trained observers serve as mentors or coaches or having teachers
1.11participate in professional learning communities.
1.12EFFECTIVE DATE.This section is effective the day following final enactment
1.13and applies to all collective bargaining agreements ratified after that date.

1.14    Sec. 3. Minnesota Statutes 2010, section 122A.40, subdivision 8, is amended to read:
1.15    Subd. 8. Development, evaluation, and peer coaching for continuing contract
1.16teachers. (a) To improve student learning and success, a school board and an exclusive
1.17representative of the teachers in the district shall, consistent with paragraph (b), may
1.18develop a an annual teacher evaluation and peer review process for probationary and
1.19continuing contract teachers through joint agreement. If a school board and the exclusive
1.20representative of the teachers in the district do not agree to an annual teacher evaluation
1.21and peer review process, then the school board and the exclusive representative of the
1.22teachers must implement the plan for evaluation and review developed under paragraph
1.23(c) that is consistent with this subdivision. The process may must include having trained
1.24observers serve as peer coaches or having teachers participate in professional learning
1.25communities, consistent with paragraph (b), and may include mentoring and induction
1.26programs.
2.1(b) To develop, improve, and support qualified teachers and effective teaching
2.2practices and improve student learning and success, the annual evaluation process for
2.3teachers must:
2.4(1) for probationary teachers, provide for all evaluations required under subdivision
2.55;
2.6(2) establish a three-year professional evaluation cycle for each teacher that includes
2.7an individual growth and development plan, a peer review process, the opportunity to
2.8participate in a professional learning community under paragraph (a), and at least one
2.9summative evaluation performed by a qualified and trained school administrator;
2.10(3) be based on professional teaching standards established in rule;
2.11(4) coordinate staff development activities under sections 122A.60 and 122A.61
2.12with this evaluation process and teachers' evaluation outcomes;
2.13(5) provide time for peer coaching and teacher collaboration which may be during
2.14the school day or school year;
2.15(6) include an option for teachers to develop and present a portfolio demonstrating
2.16evidence of reflection and professional growth, consistent with section 122A.18,
2.17subdivision 4, paragraph (b), and include teachers' own performance assessment based on
2.18student work samples and examples of teachers' work, which may include video among
2.19other activities for the summative evaluation;
2.20(7) use data on student academic growth, student engagement and connection under
2.21section 120B.35, subdivision 3, paragraph (d), other outcome measures under section
2.22120B.35, and other measures of student learning aligned with the elements of curriculum
2.23for which teachers are responsible;
2.24(8) require qualified and trained administrators to perform summative evaluations;
2.25(9) give teachers not meeting professional teaching standards under clause (3) or
2.26other professional criteria sufficient support to improve through a teacher improvement
2.27process that includes clearly defined goals and outcomes and a timeline of up to 120
2.28calendar days to demonstrate the requisite improvement; and
2.29(10) provide for issuing discipline to a teacher not making adequate progress in the
2.30teacher improvement process under clause (9), which may include being issued a last
2.31chance warning, terminated, discharged, or otherwise subjected to discipline that school
2.32administrators deem appropriate, consistent with this subdivision, subdivision 9, and the
2.33collective bargaining agreement currently in effect.
2.34(c) The department, in consultation with an equal number of teacher and
2.35administrator representatives appointed by their respective organizations, representing the
2.36Board of Teaching, the Minnesota Association of School Administrators, the Minnesota
3.1School Boards Association, the Minnesota Elementary and Secondary Principals
3.2Associations, Education Minnesota, and representatives of the Minnesota Assessment
3.3Group and Minnesota postsecondary institutions with research expertise in teacher
3.4evaluation, must create and publish a teacher evaluation process that complies with
3.5the requirements in paragraph (b) and applies to all teachers under sections 122A.40
3.6and 122A.41 for whom no agreement exists under paragraph (a) for an annual teacher
3.7evaluation and peer review process. The teacher evaluation process created under this
3.8subdivision does not create additional due process rights for probationary teachers under
3.9subdivision 5.
3.10EFFECTIVE DATE.This section is effective the day following final enactment
3.11and applies to all collective bargaining agreements ratified after that date.
3.12Page 2, after line 31, insert:

3.13    Sec. 4. Minnesota Statutes 2010, section 122A.40, subdivision 9, is amended to read:
3.14    Subd. 9. Grounds for termination. A continuing contract may be terminated,
3.15effective at the close of the school year, upon any of the following grounds:
3.16(a) Inefficiency in teaching or in the management of a school, consistent with
3.17subdivision 8, paragraph (b);
3.18(b) Neglect of duty, or persistent violation of school laws, rules, regulations, or
3.19directives;
3.20(c) Conduct unbecoming a teacher which materially impairs the teacher's educational
3.21effectiveness;
3.22(d) Other good and sufficient grounds rendering the teacher unfit to perform the
3.23teacher's duties.
3.24A contract must not be terminated upon one of the grounds specified in clause (a),
3.25(b), (c), or (d), unless the teacher fails to correct the deficiency after being given written
3.26notice of the specific items of complaint and reasonable time within which to remedy them.
3.27EFFECTIVE DATE.This section is effective the day following final enactment
3.28and applies to all collective bargaining agreements ratified after that date."
3.29Page 1, after line 9, insert:
3.30"Page 5, line 23, strike subdivision and insert subdivisions
3.31Page 5, line 24, after 3 insert and 5
3.32Page 6, after line 10, insert:

3.33    Sec. 6. Minnesota Statutes 2010, section 122A.41, subdivision 3, is amended to read:
3.34    Subd. 3. Mentoring for probationary teachers. A board and an exclusive
3.35representative of the teachers in the district must develop a probationary teacher peer
4.1review process through joint agreement that is consistent with subdivision 5. The process
4.2may include having trained observers serve as mentors or coaches or having teachers
4.3participate in professional learning communities.
4.4EFFECTIVE DATE.This section is effective the day following final enactment
4.5and applies to all collective bargaining agreements ratified after that date.

4.6    Sec. 7. Minnesota Statutes 2010, section 122A.41, subdivision 5, is amended to read:
4.7    Subd. 5. Development, evaluation, and peer coaching for continuing contract
4.8teachers. (a) To improve student learning and success, a school board and an exclusive
4.9representative of the teachers in the district must, consistent with paragraph (b), may
4.10develop a an annual teacher evaluation peer review process for probationary and
4.11nonprobationary teachers through joint agreement. If a school board and the exclusive
4.12representative of the teachers in the district do not agree to an annual teacher evaluation
4.13and peer review process, then the school board and the exclusive representative of the
4.14teachers must implement the plan for evaluation and review developed under paragraph
4.15(c) that is consistent with this subdivision. The process may must include having trained
4.16observers serve as peer coaches or having teachers participate in professional learning
4.17communities, consistent with paragraph (b) and may include mentoring and induction
4.18programs.
4.19(b) To develop, improve, and support qualified teachers and effective teaching
4.20practices and improve student learning and success, the annual evaluation process for
4.21teachers must:
4.22(1) for probationary teachers, provide for all evaluations required under subdivision
4.232;
4.24(2) establish a three-year professional evaluation cycle for each teacher that includes
4.25an individual growth and development plan, a peer review process, the opportunity to
4.26participate in a professional learning community under paragraph (a), and at least one
4.27summative evaluation performed by a qualified and trained administrator;
4.28(3) be based on professional teaching standards established in rule;
4.29(4) coordinate staff development activities under sections 122A.60 and 122A.61
4.30with this evaluation process and teachers' evaluation outcomes;
4.31(5) provide time for peer coaching and teacher collaboration which may be during
4.32the school day or school year;
4.33(6) include an option for teachers to develop and present a portfolio demonstrating
4.34evidence of reflection and professional growth, consistent with section 122A.18,
4.35subdivision 4, paragraph (b), and include teachers' own performance assessment based on
5.1student work samples and examples of teachers' work, which may include video among
5.2other activities for the summative evaluation;
5.3(7) use data on student academic growth, student engagement and connection under
5.4section 120B.35, subdivision 3, paragraph (d), other outcome measures under section
5.5120B.35, and other measures of student learning aligned with the elements of curriculum
5.6for which teachers are responsible;
5.7(8) require qualified and trained administrators to perform summative evaluations;
5.8(9) give teachers not meeting professional teaching standards under clause (3) or
5.9other professional criteria sufficient support to improve through a teacher improvement
5.10process that includes clearly defined goals and outcomes and a timeline of up to 120
5.11calendar days to demonstrate the requisite improvement; and
5.12(10) provide for issuing discipline to a teacher not making adequate progress in the
5.13teacher improvement process under clause (9), which may include being issued a last
5.14chance warning, terminated, discharged, demoted, or otherwise subjected to discipline that
5.15school administrators deem appropriate, consistent with this subdivision, subdivision 6,
5.16and the collective bargaining agreement currently in effect.
5.17(c) The department, in consultation with an equal number of teacher and
5.18administrator representatives appointed by their respective organizations, representing the
5.19Board of Teaching, the Minnesota Association of School Administrators, the Minnesota
5.20School Boards Association, the Minnesota Elementary and Secondary Principals
5.21Associations, Education Minnesota, representatives of the Minnesota Assessment Group
5.22and Minnesota postsecondary institutions with research expertise in teacher evaluation,
5.23and other education stakeholders, must create and publish a teacher evaluation process
5.24that complies with the requirements in paragraph (b) and applies to all teachers under
5.25sections 122A.40 and 122A.41 for whom no agreement exists under paragraph (a) for an
5.26annual teacher evaluation and peer review process. The teacher evaluation process created
5.27under this subdivision does not create additional due process rights for probationary
5.28teachers under subdivision 2.
5.29EFFECTIVE DATE.This section is effective the day following final enactment
5.30and applies to all collective bargaining agreements ratified after that date.
5.31Page 6, after line 23, insert:

5.32    Sec. 8. Minnesota Statutes 2010, section 122A.41, subdivision 6, is amended to read:
5.33    Subd. 6. Grounds for discharge or demotion. (a) Except as otherwise provided
5.34in paragraph (b), causes for the discharge or demotion of a teacher either during or after
5.35the probationary period must be:
6.1(1) immoral character, conduct unbecoming a teacher, or insubordination;
6.2(2) failure without justifiable cause to teach without first securing the written release
6.3of the school board having the care, management, or control of the school in which the
6.4teacher is employed;
6.5(3) inefficiency in teaching or in the management of a school, consistent with
6.6subdivision 5, paragraph (b);
6.7(4) affliction with active tuberculosis or other communicable disease must be
6.8considered as cause for removal or suspension while the teacher is suffering from such
6.9disability; or
6.10(5) discontinuance of position or lack of pupils.
6.11For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
6.12discriminatory practice described in section 363A.13.
6.13(b) A probationary or continuing-contract teacher must be discharged immediately
6.14upon receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the
6.15teacher's license has been revoked due to a conviction for child abuse or sexual abuse.
6.16EFFECTIVE DATE.This section is effective the day following final enactment
6.17and applies to all collective bargaining agreements ratified after that date."
6.18Page 1, after line 20, insert:
6.19"Page 7, after line 24, insert:

6.20    Sec. 9. Minnesota Statutes 2010, section 123B.143, subdivision 1, is amended to read:
6.21    Subdivision 1. Contract; duties. All districts maintaining a classified secondary
6.22school must employ a superintendent who shall be an ex officio nonvoting member of the
6.23school board. The authority for selection and employment of a superintendent must be
6.24vested in the board in all cases. An individual employed by a board as a superintendent
6.25shall have an initial employment contract for a period of time no longer than three years
6.26from the date of employment. Any subsequent employment contract must not exceed a
6.27period of three years. A board, at its discretion, may or may not renew an employment
6.28contract. A board must not, by action or inaction, extend the duration of an existing
6.29employment contract. Beginning 365 days prior to the expiration date of an existing
6.30employment contract, a board may negotiate and enter into a subsequent employment
6.31contract to take effect upon the expiration of the existing contract. A subsequent contract
6.32must be contingent upon the employee completing the terms of an existing contract. If a
6.33contract between a board and a superintendent is terminated prior to the date specified in
6.34the contract, the board may not enter into another superintendent contract with that same
6.35individual that has a term that extends beyond the date specified in the terminated contract.
7.1A board may terminate a superintendent during the term of an employment contract for any
7.2of the grounds specified in section 122A.40, subdivision 9 or 13. A superintendent shall
7.3not rely upon an employment contract with a board to assert any other continuing contract
7.4rights in the position of superintendent under section 122A.40. Notwithstanding the
7.5provisions of sections 122A.40, subdivision 10 or 11, 123A.32, 123A.75, or any other law
7.6to the contrary, no individual shall have a right to employment as a superintendent based
7.7on order of employment in any district. If two or more districts enter into an agreement for
7.8the purchase or sharing of the services of a superintendent, the contracting districts have
7.9the absolute right to select one of the individuals employed to serve as superintendent
7.10in one of the contracting districts and no individual has a right to employment as the
7.11superintendent to provide all or part of the services based on order of employment in a
7.12contracting district. The superintendent of a district shall perform the following:
7.13    (1) visit and supervise the schools in the district, report and make recommendations
7.14about their condition when advisable or on request by the board;
7.15    (2) recommend to the board employment and dismissal of teachers;
7.16    (3) annually evaluate each school principal assigned responsibility for supervising
7.17a school building within the district, consistent with section 123B.147, subdivision 3,
7.18paragraph (b);
7.19(4) superintend school grading practices and examinations for promotions;
7.20    (4) (5) make reports required by the commissioner; and
7.21    (5) (6) perform other duties prescribed by the board.
7.22EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
7.23later.

7.24    Sec. 10. Minnesota Statutes 2010, section 123B.147, subdivision 3, is amended to read:
7.25    Subd. 3. Duties; evaluation. (a) The principal shall provide administrative,
7.26supervisory, and instructional leadership services, under the supervision of the
7.27superintendent of schools of the district and in accordance with according to the policies,
7.28rules, and regulations of the school board of education, for the planning, management,
7.29operation, and evaluation of the education program of the building or buildings to which
7.30the principal is assigned.
7.31(b) To enhance a principal's leadership skills and support and improve teaching
7.32practices, school performance, and student achievement, a district must develop and
7.33implement a performance-based system for annually evaluating school principals assigned
7.34to supervise a school building within the district. The evaluation must be designed
7.35to improve teaching and learning by supporting the principal in shaping the school's
8.1professional environment and developing teacher quality, performance, and effectiveness.
8.2The annual evaluation must:
8.3(1) support and improve a principal's instructional leadership, organizational
8.4management, and professional development, and strengthen the principal's capacity in the
8.5areas of instruction, supervision, evaluation, and teacher development;
8.6(2) include formative and summative evaluations;
8.7(3) be consistent with a principal's job description, a district's long-term plans and
8.8goals, and the principal's own professional multiyear growth plans and goals, all of which
8.9must support the principal's leadership behaviors and practices, rigorous curriculum,
8.10school performance, and high-quality instruction;
8.11(4) include on-the-job observations and previous evaluations;
8.12(5) allow surveys to help identify a principal's effectiveness, leadership skills and
8.13processes, and strengths and weaknesses in exercising leadership in pursuit of school
8.14success;
8.15(6) use longitudinal data on student academic growth as an evaluation component
8.16and incorporate district achievement goals and targets; and
8.17(7) be linked to professional development that emphasizes improved teaching and
8.18learning, curriculum and instruction, student learning, and a collaborative professional
8.19culture.
8.20The provisions of this paragraph are intended to provide districts with sufficient
8.21flexibility to accommodate district needs and goals related to developing, supporting,
8.22and evaluating principals.
8.23EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
8.24later.

8.25    Sec. 11. IMPLEMENTING A PERFORMANCE-BASED EVALUATION
8.26SYSTEM FOR PRINCIPALS.
8.27(a) To implement the requirements of Minnesota Statutes, sections 123B.143,
8.28subdivision 1, clause (3), and 123B.147, subdivision 3, paragraph (b), the commissioner of
8.29education, the Minnesota Association of Secondary School Principals, and the Minnesota
8.30Association of Elementary School Principals must convene a group of recognized and
8.31qualified experts and interested stakeholders, including principals, superintendents,
8.32teachers, school board members, and parents, among other stakeholders, to develop a
8.33performance-based system model for annually evaluating school principals. In developing
8.34the system model, the group must at least consider how principals develop and maintain:
8.35(1) high standards for student performance;
9.1(2) rigorous curriculum;
9.2(3) quality instruction;
9.3(4) a culture of learning and professional behavior;
9.4(5) connections to external communities;
9.5(6) systemic performance accountability; and
9.6(7) leadership behaviors that create effective schools and improve school
9.7performance, including how to plan for, implement, support, advocate for, communicate
9.8about, and monitor continuous and improved learning.
9.9The group also may consider whether to establish a multitiered evaluation system
9.10that supports newly licensed principals in becoming highly skilled school leaders and
9.11provides opportunities for advanced learning for more experienced school leaders.
9.12(b) The commissioner, the Minnesota Association of Secondary School Principals,
9.13and the Minnesota Association of Elementary School Principals must submit a
9.14written report and all the group's working papers to the education committees of the
9.15legislature by February 1, 2012, discussing the group's responses to paragraph (a) and its
9.16recommendations for a performance-based system model for annually evaluating school
9.17principals. The group convened under this section expires June 1, 2012.
9.18EFFECTIVE DATE.This section is effective the day following final enactment
9.19and applies to principal evaluations beginning in the 2013-2014 school year and later."