1.1.................... moves to amend H.F. No. 945, the first engrossment, as follows:
1.2Delete everything after the enacting clause and insert:


1.5    Section 1. Minnesota Statutes 2010, section 120B.35, subdivision 1, is amended to read:
1.6    Subdivision 1. School and student indicators of growth and achievement.
1.7The commissioner must develop and implement a system for measuring and reporting
1.8academic achievement and individual student growth, consistent with the statewide
1.9educational accountability and reporting system. The system components must measure
1.10and separately report the adequate yearly progress of schools and the growth of individual
1.11students: students' current achievement in schools under subdivision 2; and individual
1.12students' educational growth over time under subdivision 3. The commissioner annually
1.13must report a student's growth and progress toward grade-level proficiency under section
1.14120B.299 as it relates to applicable state academic standards and the statewide assessments
1.15aligned with those standards. The system also must include statewide measures of student
1.16academic growth that identify schools with high levels of growth, and also schools with
1.17low levels of growth that need improvement. When determining a school's effect, the data
1.18must include both statewide measures of student achievement and, to the extent annual
1.19tests are administered, indicators of achievement growth that take into account a student's
1.20prior achievement. Indicators of achievement and prior achievement must be based on
1.21highly reliable statewide or districtwide assessments. Indicators that take into account a
1.22student's prior achievement must not be used to disregard a school's low achievement or to
1.23exclude a school from a program to improve low achievement levels.
1.24EFFECTIVE DATE.This section is effective July 1, 2012, and applies to growth
1.25data beginning in the 2012-2013 school year.

2.1    Sec. 2. Minnesota Statutes 2010, section 122A.40, subdivision 6, is amended to read:
2.2    Subd. 6. Professional development and mentoring for probationary teachers.
2.3(a) A school board and the exclusive representative of the teachers in the district must
2.4collaborate in establishing a professional development model for probationary teachers,
2.5consistent with subdivision 8, that uses a district's professional development resources,
2.6including those under sections 122A.414, if applicable, 122A.60, and 122A.61, to
2.7improve teaching and learning.
2.8(b) A school board and an exclusive representative of the teachers in the district
2.9must develop a probationary teacher peer review process through joint agreement. The
2.10process may include having trained observers serve as mentors or coaches or having
2.11teachers participate in professional learning communities.
2.12EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
2.13later.

2.14    Sec. 3. Minnesota Statutes 2010, section 122A.40, subdivision 8, is amended to read:
2.15    Subd. 8. Professional development and peer coaching for continuing contract
2.16teachers. (a) A school board and the exclusive representative of the teachers in the district
2.17must collaborate in establishing a professional development model for continuing contract
2.18teachers, consistent with subdivision 6, that uses a district's professional development
2.19resources, including those under sections 122A.414, if applicable, 122A.60, and 122A.61,
2.20to improve teaching and learning.
2.21(b) A school board and an exclusive representative of the teachers in the district shall
2.22develop a peer review process for continuing contract teachers through joint agreement.
2.23The process may include having trained observers serve as peer coaches or having
2.24teachers participate in professional learning communities.
2.25EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
2.26later.

2.27    Sec. 4. Minnesota Statutes 2010, section 122A.41, subdivision 3, is amended to read:
2.28    Subd. 3. Professional development and mentoring for probationary teachers.
2.29(a) A school board and the exclusive representative of the teachers in the district must
2.30collaborate in establishing a professional development model for probationary teachers,
2.31consistent with subdivision 5, that uses a district's professional development resources,
2.32including those under sections 122A.414, if applicable, 122A.60, and 122A.61, to
2.33improve teaching and learning.
3.1(b) A board and an exclusive representative of the teachers in the district must
3.2develop a probationary teacher peer review process through joint agreement. The process
3.3may include having trained observers serve as mentors or coaches or having teachers
3.4participate in professional learning communities.
3.5EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
3.6later.

3.7    Sec. 5. Minnesota Statutes 2010, section 122A.41, subdivision 5, is amended to read:
3.8    Subd. 5. Professional development and peer coaching for continuing contract
3.9teachers. (a) A school board and the exclusive representative of the teachers in the district
3.10must collaborate in establishing a professional development model for probationary
3.11teachers, consistent with subdivision 3, that uses a district's professional development
3.12resources, including those under sections 122A.414, if applicable, 122A.60, and 122A.61,
3.13to improve teaching and learning.
3.14(b) A school board and an exclusive representative of the teachers in the district must
3.15develop a peer review process for nonprobationary teachers through joint agreement. The
3.16process may include having trained observers serve as peer coaches or having teachers
3.17participate in professional learning communities.
3.18EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
3.19later.

3.20    Sec. 6. [122A.411] TEACHER EVALUATIONS.
3.21    Subdivision 1. Evaluation structure. A teacher evaluation structure is established
3.22to provide information about teacher effectiveness for teachers under section 122A.06,
3.23subdivision 2, districts, and charter schools to use in developing and improving teacher
3.24performance and student learning. The three-part structure contains:
3.25(1) a teacher appraisal framework that identifies performance measures for
3.26determining teacher effectiveness;
3.27(2) a mechanism for translating the performance data into a five-part teacher
3.28effectiveness rating scale; and
3.29(3) a four-tier status designation that identifies teachers as standard, advanced,
3.30distinguished, or exemplary based on a teacher's effectiveness rating over time.
3.31    Subd. 2. Teacher appraisal framework. (a) Each school district and charter
3.32school must create and implement a teacher appraisal framework. The framework must
3.33translate performance measures and scores under this subdivision into five performance
4.1effectiveness rating scores where "5" is the highest rating and "1" is the lowest rating. The
4.2department, in collaboration with the Board of Teaching, must make available to districts
4.3and charter schools appraisal frameworks and other materials from evidence-based
4.4sources to assist districts and charter schools in implementing an appraisal framework,
4.5consistent with this section.
4.6(b) If statewide assessment results are available under section 120B.35, these results
4.7are the basis for 50 percent of a teacher's total appraisal.
4.8(c) If statewide assessment results are unavailable, 40 percent of a teacher's total
4.9appraisal must consist of results from districtwide assessments of state and local standards
4.10and another ten percent of the teacher's total appraisal must consist of results from
4.11teacher-developed assessments.
4.12(d) If no districtwide assessment results are available, 50 percent of a teacher's total
4.13appraisal must consist of teacher-developed and administrator-approved assessments of
4.14state and local standards. A school administrator shall meet with teachers at least annually
4.15under this paragraph to review, modify if needed, and approve local course and grade-level
4.16expectations for student achievement and growth.
4.17(e) A charter school or a school board, in consultation with its teachers, must
4.18identify the performance measures used as a basis for the other 50 percent of a teacher's
4.19total appraisal under this subdivision. The appraisal must include data from parent surveys
4.20and at least one annual evaluation performed by a trained school administrator. Other
4.21performance measures may include student surveys, peer observations and review, teacher
4.22performance portfolios, video classroom observations with teacher reflection after viewing
4.23videos, measures approved as part of an educational improvement plan under section
4.24122A.413, and other highly reliable research-based measures.
4.25    Subd. 3. Teacher performance effectiveness ratings. (a) Beginning in the
4.262012-2013 school year and consistent with subdivision 2, a school district or charter
4.27school annually must use the following scale to determine a teacher performance
4.28effectiveness rating and corresponding status designation under subdivision 4 for each
4.29teacher who teaches a subject for which statewide assessment results are available under
4.30section 120B.35:
4.31(1) a teacher is "highly effective" if the teacher's appraisal shows that the teacher's
4.32students, on average, achieved one and one-half or more years of growth on statewide
4.33assessments and the teacher received a "5" performance rating under the district or charter
4.34school appraisal framework;
5.1(2) a teacher is "effective" if the teacher's appraisal shows that the teacher's students,
5.2on average, achieved at least one year of growth on statewide assessments and the teacher
5.3received a "4" performance rating under the district or charter school appraisal framework;
5.4(3) a teacher is "average" if the teacher's appraisal shows that the teacher's students,
5.5on average, achieved at least 0.9 years of growth on statewide student assessments and the
5.6teacher received a "3" performance rating under the district or charter school appraisal
5.7framework;
5.8(4) a teacher "needs improvement" if the teacher's appraisal shows that the teacher's
5.9students, on average, achieved between 0.5 and 0.9 years of growth on statewide
5.10assessments or the teacher received a "2" or lower performance rating under the district or
5.11charter school appraisal framework; and
5.12(5) a teacher is "ineffective" if the teacher's appraisal shows that the teacher's
5.13students, on average, achieved less than one-half year of growth on statewide assessments
5.14and the teacher received a "1" performance rating under the district or charter school
5.15appraisal framework.
5.16A teacher who does not meet both the growth and performance rating requirements in
5.17any clause (1) to (4) receives the next lower effectiveness rating that immediately follows
5.18the clause where the teacher met either the growth or the performance rating requirement.
5.19(b) Beginning in the 2012-2013 school year and consistent with subdivision 2, a
5.20school district or charter school annually must use a teacher performance effectiveness
5.21rating scale developed under this paragraph and corresponding status designation under
5.22subdivision 4 for each teacher who teaches a subject for which no statewide assessment
5.23data exist. The district or charter school, in consultation with its teachers, must define low,
5.24medium, and high academic growth and progress toward grade-level proficiency for
5.25purposes of establishing teacher performance effectiveness ratings so that a teacher is
5.26rated:
5.27(1) "highly effective" if the teacher receives a "5" performance rating under the
5.28district or charter school appraisal framework;
5.29(2) "effective" if the teacher receives a "4" performance rating under the district or
5.30charter school appraisal framework;
5.31(3) "average" if the teacher receives a "3" performance rating under the district or
5.32charter school appraisal framework;
5.33(4) "needs improvement" if the teacher receives a "2" performance rating under the
5.34district or charter school appraisal framework; and
5.35(5) "ineffective" if the teacher receives a "1" performance rating under the district or
5.36charter school appraisal framework.
6.1    Subd. 4. Teacher status designations. (a) Beginning no later than the 2012-2013
6.2school year, a school district or charter school shall establish a four-tier status designation
6.3for identifying teachers' effectiveness, consistent with this section, using measures
6.4of teacher performance and student learning as they relate to meeting state and local
6.5education standards.
6.6(b) To receive a "standard" designation, a probationary teacher during the three-year
6.7probationary period must receive at least one rating of "average," "effective," or "highly
6.8effective" under the district or charter school appraisal framework and meet applicable
6.9professional development requirements.
6.10(c) A licensed teacher who has a "standard" designation must receive a rating
6.11of "average," "effective," or "highly effective" in four years out of each five-year
6.12employment period and meet applicable professional development requirements to receive
6.13an "advanced" status designation.
6.14(d) A teacher who receives a "highly effective" rating in three years out of a five-year
6.15employment period and meets applicable professional development requirements receives
6.16a "distinguished" status designation.
6.17(e) A teacher who receives a "highly effective" rating in seven years during two
6.18consecutive five-year employment periods and meets applicable professional development
6.19requirements receives an "exemplary" status designation.
6.20(f) A teacher who receives a "distinguished" or "exemplary" status designation
6.21keeps that designation for the remainder of the five-year employment period in which the
6.22teacher received the designation.
6.23(g) A teacher who does not meet the requirements of a particular status designation
6.24under paragraph (c), (d), or (e) receives the next lower status designation under this
6.25subdivision. A teacher who does not meet the requirement of a standard designation under
6.26paragraph (b) has no status designation.
6.27    Subd. 5. Data gathering and analysis. (a) Beginning in the 2012-2013 school
6.28year, the department, in consultation with the Board of Teaching, shall assist a school
6.29district or charter school in collecting and aggregating student data needed to implement
6.30subdivisions 2, 3, and 4. If the school district or charter school and the department agree
6.31that an ongoing need exists for department assistance, the district or charter school and the
6.32department shall enter into a data-sharing agreement. Any data on individual students or
6.33teachers received, collected, or created that are used to generate summary data under this
6.34section are nonpublic data under chapter 13.
6.35(b) Beginning in 2014, the department annually by June 30 shall submit summary
6.36data on teachers' effectiveness under paragraph (a) to the Minnesota teacher preparation
7.1program or institution that prepared the teachers covered in that year's district and charter
7.2school reports to the department.

7.3    Sec. 7. Minnesota Statutes 2010, section 122A.60, is amended to read:
7.4122A.60 STAFF DEVELOPMENT PROGRAM.
7.5    Subdivision 1. Staff development committee. A school board must use the revenue
7.6authorized in section 122A.61 for in-service education for programs under section
7.7120B.22, subdivision 2 , or for staff development and teacher training plans under this
7.8section. The board must establish an advisory staff development committee to develop the
7.9plan, assist site professional development teams in developing a site plan consistent with
7.10the goals of the plan, and evaluate staff development efforts at the site level. A majority
7.11of the advisory committee and the site professional development team must be teachers
7.12representing various grade levels, subject areas, and special education. The advisory
7.13committee must also include nonteaching staff, parents, and administrators.
7.14    Subd. 1a. Effective staff development activities. (a) Staff development activities
7.15must be aligned with district and school site staff development plans, based on student
7.16achievement and growth data, and focused on student learning goals. Activities must:
7.17(1) focus on the school classroom and research-based scientifically based research
7.18strategies that improve student learning;
7.19(2) provide opportunities for teachers to practice and improve their instructional
7.20skills over time and receive instructional-based observations using objective
7.21standards-based assessments to assist in the professional growth process;
7.22(3) provide regular opportunities for teachers to use student data as part of their
7.23daily work to increase student achievement;
7.24(4) enhance teacher content knowledge and instructional skills;
7.25(5) align with state and local academic standards;
7.26(6) provide job-embedded or integrated professional development opportunities
7.27during the teacher contract day to build professional relationships, foster collaboration
7.28among principals and staff who provide instruction to identify instructional strategies
7.29to meet students' learning goals, plan instruction, practice new teaching strategies,
7.30and review the results of implementing those strategies, and provide opportunities for
7.31teacher-to-teacher coaching and mentoring; and
7.32(7) align with the plan of the district or site for those participating in an alternative
7.33teacher professional pay system under section 122A.414.
7.34Staff development activities also may include curriculum development and curriculum
7.35training programs, and activities that provide teachers and other members of site-based
8.1teams training to enhance team performance. The school district also may implement other
8.2staff development activities required by law and activities associated with professional
8.3teacher compensation models.
8.4(b) Release time provided for teachers to supervise students on field trips and school
8.5activities, or independent tasks not associated with enhancing the teacher's knowledge
8.6and instructional skills, such as preparing report cards, calculating grades, or organizing
8.7classroom materials, may not be counted as staff development time that is financed with
8.8staff development reserved revenue under section 122A.61.
8.9    Subd. 2. Contents of plan. The plan must be based on student achievement
8.10and growth and include student learning goals, the staff development outcomes under
8.11subdivision 3, the means to achieve the outcomes, and procedures for evaluating progress
8.12at each school site toward meeting education outcomes, consistent with relicensure
8.13requirements under section 122A.18, subdivision 4. The plan also must:
8.14(1) support stable and productive professional communities achieved through
8.15ongoing and schoolwide progress and growth in teaching practice;
8.16(2) emphasize coaching, professional learning communities, classroom action
8.17research, and other job-embedded models;
8.18(3) maintain a strong subject matter focus premised on students' learning goals;
8.19(4) ensure specialized preparation and learning about issues related to teaching
8.20students with special needs and limited English proficiency; and
8.21(5) reinforce national and state standards of effective teaching practice.
8.22    Subd. 3. Staff development outcomes. The advisory staff development committee
8.23must adopt a staff development plan for increasing teacher effectiveness and student
8.24learning and for improving student achievement. The plan must be consistent with
8.25education outcomes that the school board determines. The plan must include ongoing staff
8.26development activities that contribute toward continuous improvement in achievement of
8.27the following goals:
8.28(1) improve student achievement of state and local education academic standards in
8.29all areas of the curriculum by using best practices methods and benchmark assessments
8.30aligned with academic standards;
8.31(2) effectively meet the needs of a diverse student population, including at-risk
8.32children, children with disabilities, and gifted children, within the regular classroom
8.33and other settings;
8.34(3) provide an inclusive curriculum for a racially, ethnically, and culturally diverse
8.35student population that is consistent with the state education diversity rule and the district's
8.36education diversity plan;
9.1(4) improve staff collaboration and develop mentoring and peer coaching programs
9.2for teachers new to the school or district in their first five years of teaching;
9.3(5) effectively teach and model violence prevention policy and curriculum that
9.4address early intervention alternatives, issues of harassment, and teach nonviolent
9.5alternatives for conflict resolution; and
9.6(6) provide teachers and other members of site-based management teams with
9.7appropriate management and financial management skills.
9.8    Subd. 4. Staff development report. (a) By October 15 1 of each year, the district
9.9and site staff development committees shall write and submit a report of staff development
9.10activities and expenditures for the previous year, in the form and manner determined by
9.11the commissioner. The report, signed by the district superintendent and staff development
9.12chair, must include assessment and evaluation data indicating progress toward district and
9.13site staff development goals based on teaching and learning outcomes, including the
9.14percentage of teachers and other staff involved in instruction who participate in effective
9.15staff development activities under subdivision 3.
9.16(b) The report must break down expenditures for:
9.17(1) curriculum development and curriculum training programs; and
9.18(2) staff development training models, workshops, and conferences, and the cost of
9.19releasing teachers or providing substitute teachers for staff development purposes.
9.20The report also must indicate whether the expenditures were incurred at the district
9.21level or the school site level, and whether the school site expenditures were made possible
9.22by grants to school sites that demonstrate exemplary use of allocated staff development
9.23revenue. These expenditures must be reported using the uniform financial and accounting
9.24and reporting standards.
9.25(c) The commissioner shall report the staff development progress and expenditure
9.26data to the house of representatives and senate committees having jurisdiction over
9.27education by February 15 each year.
9.28EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
9.29later.

9.30    Sec. 8. Minnesota Statutes 2010, section 122A.61, subdivision 1, is amended to read:
9.31    Subdivision 1. Staff development revenue. A district is required to reserve
9.32an amount equal to at least two percent of the basic revenue under section 126C.10,
9.33subdivision 2 , for in-service education for programs under section 120B.22, subdivision 2,
9.34for with the primary purpose of creating and implementing district and school site staff
9.35development plans, including. Funds also may be used to support plans for challenging
10.1instructional activities and experiences under section 122A.60, and for curriculum
10.2development and programs, other in-service education, teachers' workshops, teacher
10.3conferences, the cost of substitute teachers staff development purposes, preservice and
10.4in-service education for special education professionals and paraprofessionals, and other
10.5related costs for staff development efforts. A district may annually waive the requirement
10.6to reserve their basic revenue under this section if a majority vote of the licensed teachers
10.7in the district and a majority vote of the school board agree to a resolution to waive the
10.8requirement. A district in statutory operating debt is exempt from reserving basic revenue
10.9according to this section. Districts may expend an additional amount of unreserved
10.10revenue for staff development based on their needs. With the exception of amounts
10.11reserved for staff development from revenues allocated directly to school sites, the board
10.12must initially allocate 50 percent of the reserved revenue to each school site in the district
10.13on a per teacher basis, which must be retained by the school site until used. The board may
10.14retain 25 percent to be used for district wide staff development efforts. The remaining
10.1525 percent of the revenue must be used to make grants to school sites for best practices
10.16methods. A grant may be used for any purpose authorized under section 120B.22,
10.17subdivision 2 , or 122A.60, or for the costs of curriculum development and programs,
10.18other in-service education, teachers' workshops, teacher conferences, substitute teachers
10.19for staff development purposes, and other staff development efforts, and determined by
10.20the site professional development team. The site professional development team must
10.21demonstrate to the school board the extent to which staff at the site have met the outcomes
10.22of the program. The board may withhold a portion of initial allocation of revenue if the
10.23staff development outcomes are not being met.
10.24EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
10.25later.

10.26    Sec. 9. Minnesota Statutes 2010, section 126C.10, subdivision 2, is amended to read:
10.27    Subd. 2. Basic revenue. The basic revenue for each district equals the formula
10.28allowance times the adjusted marginal cost pupil units for the school year. The formula
10.29allowance for fiscal year 2007 is $4,974. The formula allowance for fiscal year 2008 is
10.30$5,074 and, the formula allowance for fiscal year 2009 and subsequent years through
10.31fiscal year 2013 is $5,124, and the formula allowance for fiscal year 2014 and subsequent
10.32years is $5,174.
10.33EFFECTIVE DATE.This section is effective for revenue for fiscal year 2013
10.34and later.

11.1    Sec. 10. APPRAISAL IMPLEMENTATION TIMELINE.
11.2Consistent with Minnesota Statutes, section 122A.411, districts and charter schools
11.3shall implement the teacher appraisal framework according to the following timeline:
11.4(1) in the 2011-2012 school year, develop an appraisal framework and a system
11.5to collect data;
11.6(2) in the 2012-2013 school year, implement the teacher appraisal framework and
11.7data collection system as a pilot program; and
11.8(3) beginning in the 2013-2014 school year, fully implement the teacher appraisal
11.9framework and data collection system.
11.10EFFECTIVE DATE.This section is effective the day following final enactment.


11.13    Section 1. Minnesota Statutes 2010, section 120B.36, subdivision 1, is amended to read:
11.14    Subdivision 1. School performance report cards. (a) The commissioner
11.15shall report student academic performance under section 120B.35, subdivision 2; the
11.16percentages of students showing low, medium, and high growth under section 120B.35,
11.17subdivision 3 , paragraph (b); school safety and student engagement and connection
11.18under section 120B.35, subdivision 3, paragraph (d); rigorous coursework under section
11.19120B.35, subdivision 3 , paragraph (c); two separate student-to-teacher ratios that clearly
11.20indicate the definition of teacher consistent with sections 122A.06 and 122A.15 for
11.21purposes of determining these ratios; staff characteristics excluding salaries; the number
11.22of teachers in each performance effectiveness rating category under section 122A.411,
11.23subdivision 3, by school site; student enrollment demographics; district mobility; and
11.24extracurricular activities. The report also must indicate a school's adequate yearly progress
11.25status, and must not set any designations applicable to high- and low-performing schools
11.26due solely to adequate yearly progress status.
11.27    (b) The commissioner shall develop, annually update, and post on the department
11.28Web site school performance report cards.
11.29    (c) The commissioner must make available performance report cards by the
11.30beginning of each school year.
11.31    (d) A school or district may appeal its adequate yearly progress status in writing to
11.32the commissioner within 30 days of receiving the notice of its status. The commissioner's
11.33decision to uphold or deny an appeal is final.
11.34    (e) School performance report card data are nonpublic data under section 13.02,
11.35subdivision 9 , until not later than ten days after the appeal procedure described in
12.1paragraph (d) concludes. The department shall annually post school performance report
12.2cards to its public Web site no later than September 1.
12.3EFFECTIVE DATE.This section is effective July 1, 2014.

12.4    Sec. 2. Minnesota Statutes 2010, section 122A.40, subdivision 5, is amended to read:
12.5    Subd. 5. Probationary period. (a) The first three consecutive years of a teacher's
12.6first teaching experience in Minnesota in a single district is deemed to be a probationary
12.7period of employment, and after completion thereof, the probationary period in each
12.8district in which the teacher is thereafter employed shall be one year. The school board
12.9must issue an annual employment contract and adopt a plan for written evaluation of
12.10teachers during the probationary period that complies with section 122A.411. During the
12.11a probationary teacher's first year of employment, the board may terminate the teacher
12.12at will. Evaluation must occur at least three times each year for a teacher performing
12.13services on 120 or more school days, at least two times each year for a teacher performing
12.14services on 60 to 119 school days, and at least one time each year for a teacher performing
12.15services on fewer than 60 school days. Days devoted to parent-teacher conferences,
12.16teachers' workshops, and other staff development opportunities and days on which a
12.17teacher is absent from school must not be included in determining the number of school
12.18days on which a teacher performs services. Except as otherwise provided in paragraph
12.19(b), during the probationary period any annual contract with any teacher may or may
12.20not be renewed as the school board shall see fit. However, The board must give any
12.21such probationary teacher whose contract it declines to renew for the following school
12.22year written notice to that effect before July 1. If the teacher requests reasons for any
12.23nonrenewal of a teaching contract, the board must give the teacher its reason in writing,
12.24including a statement that appropriate supervision was furnished describing the nature and
12.25the extent of such supervision furnished the teacher during the employment by the board,
12.26within ten days after receiving such request. The school board may, after a hearing held
12.27upon due notice, discharge a teacher during the probationary period for cause, effective
12.28immediately, under section 122A.44.
12.29(b) A board must discharge a probationary teacher, effective immediately, upon
12.30receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's
12.31license has been revoked due to a conviction for child abuse or sexual abuse.
12.32(c) A probationary teacher whose first three years of consecutive employment are
12.33interrupted for active military service and who promptly resumes teaching consistent with
12.34federal reemployment timelines for uniformed service personnel under United States
13.1Code, title 38, section 4312(e), is considered to have a consecutive teaching experience
13.2for purposes of paragraph (a).
13.3(d) A probationary teacher must complete at least 60 days of teaching service each
13.4year during the probationary period. Days devoted to parent-teacher conferences, teachers'
13.5workshops, and other staff development opportunities and days on which a teacher is
13.6absent from school do not count as days of teaching service under this paragraph.
13.7(e) A district must decide whether to issue a contract to a probationary classroom
13.8teacher at the end of the teacher's probationary period based on:
13.9(1) the teacher's professional growth plan based on standards of effective professional
13.10practice, student learning goals, and teacher evaluations under this subdivision that
13.11comply with section 122A.411;
13.12(2) the teacher's appraisal results and performance effectiveness rating under section
13.13122A.411; and
13.14(3) other locally selected criteria aligned to instructional practices in teaching and
13.15learning.
13.16EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
13.17later.

13.18    Sec. 3. Minnesota Statutes 2010, section 122A.40, subdivision 7, is amended to read:
13.19    Subd. 7. Termination of contract after probationary period. (a) A teacher who
13.20has completed a probationary period in any district, and who has not been discharged or
13.21advised of a refusal to renew the teacher's contract under subdivision 5, shall elect to have
13.22a continuing renewable five-year contract with such the district where contract terms and
13.23conditions, including salary and salary increases, are established based either on the length
13.24of the school calendar or an extended school calendar under section 120A.415. Thereafter,
13.25The teacher's contract must remain in full force and effect, except as modified by mutual
13.26consent of the board and the teacher, until terminated by a majority roll call vote of the full
13.27membership of the board prior to April 1 upon one of the grounds specified in subdivision
13.289 or July 1 upon one of the grounds specified in subdivision 10 or 11, or until the teacher
13.29is discharged pursuant to subdivision 13, or by the written resignation of the teacher
13.30submitted prior to April 1. If an agreement as to the terms and conditions of employment
13.31for the succeeding school year has not been adopted pursuant to the provisions of sections
13.32179A.01 to 179A.25 prior to March 1, the teacher's right of resignation is extended to the
13.3330th calendar day following the adoption of said the contract in compliance with under
13.34section 179A.20, subdivision 5. Such Written resignation by the teacher is effective as
14.1of on June 30 if submitted prior to before that date and the teachers' teacher's right of
14.2resignation for the next school year then beginning shall cease on July 15.
14.3(b) Before a teacher's contract is terminated by the board, the board must notify
14.4the teacher in writing and state its ground for the proposed termination in reasonable
14.5detail together with a statement that the teacher may make a written request for a hearing
14.6before the board within 14 days after receipt of such notification. If the grounds are those
14.7specified in subdivision 9 or 13, the notice must also state a teacher may request arbitration
14.8under subdivision 15. Within 14 days after receipt of this notification the teacher may
14.9make a written request for a hearing before the board or an arbitrator and it shall be
14.10granted upon reasonable notice to the teacher of the date set for hearing, before final action
14.11is taken. If no hearing is requested within such period, it shall be deemed acquiescence by
14.12the teacher to the board's action. Such The teacher's termination shall take effect at the
14.13close of the school year in which the contract is terminated in the manner aforesaid must
14.14comply with subdivision 9 or 13. Such A contract may be terminated at any time by mutual
14.15consent of the board and the teacher and this section does not affect the powers of a board
14.16to suspend, discharge, or demote a teacher under and pursuant to other provisions of law.
14.17(b) (c) A teacher electing to have a continuing contract based on the extended school
14.18calendar under section 120A.415 must participate in staff development training under
14.19subdivision 7a and shall receive an increased base salary.
14.20EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
14.21later.

14.22    Sec. 4. Minnesota Statutes 2010, section 122A.40, is amended by adding a subdivision
14.23to read:
14.24    Subd. 7b. Teacher employment. (a) A school district must use a teacher appraisal
14.25framework to make informed decisions about teacher development and performance.
14.26Teachers must participate in ongoing professional development to improve teaching and
14.27learning throughout a term of employment.
14.28(b) After completing the initial three-year probationary period without discharge, a
14.29teacher who is reemployed by a school board continues in service and holds that position
14.30during good behavior and efficient and competent service for a renewable five-year term.
14.31The terms and conditions of a teacher's employment contract, including salary and salary
14.32increases, must be based either on the length of the school year or an extended school
14.33calendar under section 120A.415.
14.34(c) At the end of every five-year term, the school board either must continue or
14.35terminate a teacher's employment based on:
15.1(1) a portfolio of the teacher's five-year professional growth plan based on standards
15.2of professional practice, student learning, and successful teacher evaluations, consistent
15.3with section 122A.411, that are conducted at least twice per year by a trained school
15.4administrator;
15.5(2) the teacher's appraisal results and performance effectiveness rating under section
15.6122A.411; and
15.7(3) other locally selected criteria aligned to instructional practices in teaching and
15.8learning.
15.9EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
15.10later.

15.11    Sec. 5. Minnesota Statutes 2010, section 122A.40, subdivision 9, is amended to read:
15.12    Subd. 9. Grounds for termination. (a) A continuing contract may be terminated,
15.13effective at the close of the school year, upon any of the following grounds:
15.14(a) (1) inefficiency;
15.15(b) (2) neglect of duty, or persistent violation of school laws, rules, regulations,
15.16or directives;
15.17(c) (3) conduct unbecoming a teacher which materially impairs the teacher's
15.18educational effectiveness;
15.19(d) (4) other good and sufficient grounds rendering the teacher unfit to perform the
15.20teacher's duties.; or
15.21(5) the teacher is ineffective under section 122A.411 and not recommended by the
15.22district for continued employment under this section.
15.23(b) A contract must not be terminated upon one of the grounds specified in clause
15.24under paragraph (a), (b), (c), or (d), clause (5), unless the teacher fails to correct the
15.25deficiency after being given written notice of the specific items of complaint and
15.26reasonable time within which 180 days after receiving the notice to remedy them.
15.27EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
15.28later.

15.29    Sec. 6. Minnesota Statutes 2010, section 122A.40, subdivision 10, is amended to read:
15.30    Subd. 10. Negotiated unrequested leave of absence. The school board and the
15.31exclusive bargaining representative of the teachers may negotiate a plan providing for
15.32unrequested leave of absence without pay or fringe benefits for as many teachers as may
15.33be necessary because of discontinuance of position, lack of pupils, financial limitations, or
16.1merger of classes caused by consolidation of districts. Failing to successfully negotiate
16.2such a plan, the provisions of subdivision 11 shall apply. The negotiated plan must not
16.3include provisions which would result in the exercise of seniority by a teacher holding a
16.4provisional license, other than a vocational education license, contrary to the provisions of
16.5subdivision 11, clause (c), or the reinstatement of a teacher holding a provisional license,
16.6other than a vocational education license, contrary to the provisions of subdivision 11,
16.7clause (e). The provisions of section 179A.16 do not apply for the purposes of this
16.8subdivision.
16.9EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
16.10later.

16.11    Sec. 7. Minnesota Statutes 2010, section 122A.40, subdivision 11, is amended to read:
16.12    Subd. 11. Unrequested leave of absence. (a) The board may place on unrequested
16.13leave of absence, without pay or fringe benefits, as many teachers as may be necessary
16.14because of discontinuance of position, lack of pupils, financial limitations, or merger of
16.15classes caused by consolidation of districts. The unrequested leave is effective at the close
16.16of the school year. In placing teachers on unrequested leave, The board is governed by
16.17the following provisions: paragraphs (b) to (k).
16.18(a) The board may place probationary teachers on unrequested leave first in the
16.19inverse order of their employment. A teacher who has acquired continuing contract rights
16.20must not be placed on unrequested leave of absence while probationary teachers are
16.21retained in positions for which the teacher who has acquired continuing contract rights is
16.22licensed;
16.23(b) Teachers who have acquired continuing contract rights shall be placed on
16.24unrequested leave of absence in fields in which they are licensed in the following order:
16.25(1) teachers with a "needs improvement" or "ineffective" rating under section
16.26122A.411 in the inverse order in which they were employed by the school district.;
16.27(2) teachers with an "average" rating under section 122A.411 with four or more
16.28years of teaching experience in the inverse order in which they were employed by the
16.29school district;
16.30(3) teachers with an "effective" rating under section 122A.411 with fewer than
16.31four years of teaching experience in the inverse order in which they were employed by
16.32the school district;
16.33(4) teachers with a "highly effective" rating under section 122A.411 in the inverse
16.34order in which they were employed by the school district;
17.1(5) teachers with a "distinguished" rating under section 122A.411 in the inverse
17.2order in which they were employed by the school district; and
17.3(6) teachers with an "exemplary" rating under section 122A.411 in the inverse order
17.4in which they were employed by the school district.
17.5(c) In the case of equal seniority within a clause of paragraph (b), the order in which
17.6teachers who have acquired continuing contract rights shall be placed on unrequested
17.7leave of absence in fields in which they are licensed is negotiable;.
17.8(c) Notwithstanding the provisions of clause (b), a teacher is not entitled to exercise
17.9any seniority when that exercise results in that teacher being retained by the district in a
17.10field for which the teacher holds only a provisional license, as defined by the board of
17.11teaching, unless that exercise of seniority results in the placement on unrequested leave of
17.12absence of another teacher who also holds a provisional license in the same field. The
17.13provisions of this clause do not apply to vocational education licenses;
17.14(d) Notwithstanding clauses (a), paragraphs (b) and (c), if the placing of a
17.15probationary teacher on unrequested leave before a teacher who has acquired continuing
17.16rights, the placing of a teacher who has acquired continuing contract rights on unrequested
17.17leave before another teacher who has acquired continuing contract rights but who has
17.18greater seniority, or the restriction restrictions imposed by the provisions of clause
17.19paragraph (b) or (c) would place the district in violation of its affirmative action program,
17.20the district may retain the probationary teacher, the teacher with less seniority, or the
17.21provisionally licensed teacher; with a lower designated status or less seniority.
17.22(e) Teachers placed on unrequested leave of absence must be reinstated to the
17.23positions from which they have been given leaves of absence or, if not available, to
17.24other available positions in the school district in fields in which they are licensed.
17.25Reinstatement must be in the inverse order of placement on leave of absence. A teacher
17.26must not be reinstated to a position in a field in which the teacher holds only a provisional
17.27license, other than a vocational education license, while another teacher who holds a
17.28nonprovisional license in the same field remains on unrequested leave. The order of
17.29reinstatement of teachers who have equal seniority and who are placed on unrequested
17.30leave in the same school year is negotiable;.
17.31(f) Appointment of a new teacher must not be made while there is available, on
17.32unrequested leave, a teacher who is properly licensed to fill such vacancy, unless the
17.33teacher fails to advise the school board within 30 days of the date of notification that a
17.34position is available to that teacher who may return to employment and assume the duties
17.35of the position to which appointed on a future date determined by the board;.
18.1(g) A teacher placed on unrequested leave of absence may engage in teaching or any
18.2other occupation during the period of this leave;.
18.3(h) The unrequested leave of absence must not impair the continuing contract rights
18.4of a teacher or result in a loss of credit for previous years of service;.
18.5(i) The unrequested leave of absence of a teacher who is placed on unrequested leave
18.6of absence and who is not reinstated shall continue for a period of five years until that
18.7teacher's contract expires under subdivision 7b, after which the right to reinstatement shall
18.8terminate. The teacher's right to reinstatement shall also terminate if the teacher fails to
18.9file with the board by April 1 of any year a written statement requesting reinstatement;.
18.10(j) The same provisions applicable to terminations of probationary or continuing
18.11contracts in subdivisions 5 and 7 must apply to placement on unrequested leave of
18.12absence;.
18.13(k) Nothing in this subdivision shall be construed to impair the rights of teachers
18.14placed on unrequested leave of absence to receive unemployment benefits if otherwise
18.15eligible.
18.16EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
18.17later.

18.18    Sec. 8. Minnesota Statutes 2010, section 122A.41, subdivision 2, is amended to read:
18.19    Subd. 2. Probationary period; discharge or demotion. (a) All teachers in
18.20the public schools in cities of the first class during the first three years of consecutive
18.21employment shall be deemed to be in a probationary period of employment during which
18.22period any annual contract with any teacher may, or may not, be renewed as the school
18.23board, after consulting with the peer review committee charged with evaluating the
18.24probationary teachers under subdivision 3, shall see fit. The school site management team
18.25or the school board if there is no school site management team, shall issue an annual
18.26employment contract and adopt a plan for a written evaluation of teachers during the
18.27probationary period according to subdivision 3 that is consistent with section 122A.411.
18.28During the a probationary teacher's first year of employment, the board may terminate
18.29the teacher at will. Evaluation by the peer review committee charged with evaluating of
18.30probationary teachers under subdivision 3 shall occur at least three times each year for a
18.31teacher performing services on 120 or more school days, at least two times each year for a
18.32teacher performing services on 60 to 119 school days, and at least one time each year for a
18.33teacher performing services on fewer than 60 school days. Days devoted to parent-teacher
18.34conferences, teachers' workshops, and other staff development opportunities and days on
18.35which a teacher is absent from school shall not be included in determining the number of
19.1school days on which a teacher performs services. The school board may, during such
19.2probationary period, discharge or demote a teacher for any of the causes as specified in
19.3this code. A written statement of the cause of such discharge or demotion shall be given to
19.4the teacher by the school board at least 30 days before such removal or demotion shall
19.5become effective, and the teacher so notified shall have no right of appeal therefrom.
19.6(b) A probationary teacher whose first three years of consecutive employment are
19.7interrupted for active military service and who promptly resumes teaching consistent with
19.8federal reemployment timelines for uniformed service personnel under United States
19.9Code, title 38, section 4312(e), is considered to have a consecutive teaching experience
19.10for purposes of paragraph (a).
19.11(c) A probationary teacher must complete at least 60 days of teaching service each
19.12year during the probationary period. Days devoted to parent-teacher conferences, teachers'
19.13workshops, and other staff development opportunities and days on which a teacher is
19.14absent from school do not count as days of teaching service under this paragraph.
19.15(d) A district must decide whether to issue a contract to a probationary classroom
19.16teacher at the end of the teacher's probationary period based on:
19.17(1) a portfolio of the teacher's professional growth plan based on standards of
19.18effective professional practice, student learning goals, and successful teacher evaluations,
19.19consistent with section 122A.411, that are conducted at least twice per year by a trained
19.20school administrator;
19.21(2) the teacher's appraisal results and performance effectiveness rating under section
19.22122A.411; and
19.23(3) other locally selected criteria aligned to instructional practices in teaching and
19.24learning.
19.25EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
19.26later.

19.27    Sec. 9. Minnesota Statutes 2010, section 122A.41, subdivision 4, is amended to read:
19.28    Subd. 4. Period of service after probationary period; discharge or demotion
19.29Teacher employment. (a) A school district must use a teacher appraisal framework
19.30to make informed decisions about teacher development and performance. Teachers
19.31must participate in ongoing professional development to improve teaching and learning
19.32throughout a term of employment.
19.33(b) After the completion of such completing the initial three-year probationary
19.34period, without discharge, such teachers as are thereupon a teacher who is reemployed
19.35shall continue in service and hold their respective that position during good behavior and
20.1efficient and competent service for a renewable five-year term and must not be discharged
20.2or demoted except for cause after a hearing. The terms and conditions of a teacher's
20.3employment contract, including salary and salary increases, must be based either on the
20.4length of the school year or an extended school calendar under section 120A.415.
20.5(b) (c) A probationary teacher is deemed to have been reemployed for the ensuing
20.6school year, unless the school board in charge of such school gave such teacher notice in
20.7writing before July 1 of the termination of such employment.
20.8(c) (d) A teacher electing to have an employment contract based on the extended
20.9school calendar under section 120A.415 must participate in staff development training
20.10under subdivision 4a and shall receive an increased base salary.
20.11(e) At the end of every five-year term, the school board must either continue or
20.12terminate a teacher's employment based on:
20.13(1) a portfolio of the teacher's five-year professional growth plan based on standards
20.14of professional practice, student learning, and successful teacher evaluations, consistent
20.15with section 122A.411, that are conducted at least twice per year by a trained school
20.16administrator;
20.17(2) the teacher's appraisal results and performance effectiveness rating under section
20.18122A.411; and
20.19(3) other locally selected criteria aligned to instructional practices in teaching and
20.20learning.
20.21EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
20.22later.

20.23    Sec. 10. Minnesota Statutes 2010, section 122A.41, subdivision 6, is amended to read:
20.24    Subd. 6. Grounds for discharge or demotion. (a) Except as otherwise provided
20.25in paragraph (b), causes for the discharge or demotion of a teacher either during or after
20.26the probationary period must be:
20.27(1) immoral character, conduct unbecoming a teacher, or insubordination;
20.28(2) failure without justifiable cause to teach without first securing the written release
20.29of the school board having the care, management, or control of the school in which the
20.30teacher is employed;
20.31(3) inefficiency in teaching or in the management of a school;
20.32(4) affliction with active tuberculosis or other communicable disease must be
20.33considered as cause for removal or suspension while the teacher is suffering from such
20.34disability; or
20.35(5) discontinuance of position or lack of pupils.; or
21.1(6) the teacher is ineffective under section 122A.411 and not recommended by the
21.2district for employment under this section.
21.3For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
21.4discriminatory practice described in section 363A.13. A contract must not be discharged
21.5on the grounds specified in clause (6) unless the teacher fails to correct the deficiency
21.6after being given written notice of the specific items of complaint and 180 days within
21.7which to remedy them.
21.8(b) A probationary or continuing-contract teacher must be discharged immediately
21.9upon receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the
21.10teacher's license has been revoked due to a conviction for child abuse or sexual abuse.
21.11EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
21.12later.

21.13    Sec. 11. Minnesota Statutes 2010, section 122A.41, subdivision 14, is amended to read:
21.14    Subd. 14. Services terminated by discontinuance or lack of pupils; preference
21.15given. (a) A teacher whose services are terminated on account of discontinuance of
21.16position or lack of pupils must receive first consideration for other positions in the district
21.17for which that teacher is qualified. In the event it becomes necessary to discontinue one
21.18or more positions, in making such discontinuance, teachers must be discontinued in any
21.19department in the following order:
21.20(1) teachers with a "needs improvement" or "ineffective" rating under section
21.21122A.411 in the inverse order in which they were employed, unless a board and the
21.22exclusive representative of teachers in the district negotiate a plan providing otherwise.;
21.23(b) Notwithstanding the provisions of clause (a), a teacher is not entitled to exercise
21.24any seniority when that exercise results in that teacher being retained by the district in
21.25a field for which the teacher holds only a provisional license, as defined by the Board
21.26of Teaching, unless that exercise of seniority results in the termination of services, on
21.27account of discontinuance of position or lack of pupils, of another teacher who also
21.28holds a provisional license in the same field. The provisions of this clause do not apply
21.29to vocational education licenses.
21.30(c) Notwithstanding the provisions of clause (a), a teacher must not be reinstated
21.31to a position in a field in which the teacher holds only a provisional license, other than a
21.32vocational education license, while another teacher who holds a nonprovisional license in
21.33the same field is available for reinstatement.
22.1(2) teachers with an "average" rating under section 122A.411 with four or more
22.2years of teaching experience in the inverse order in which they were employed by the
22.3school district;
22.4(3) teachers with an "effective" rating under section 122A.411 with fewer than
22.5four years of teaching experience in the inverse order in which they were employed by
22.6the school district;
22.7(4) teachers with a "highly effective" rating under section 122A.411 in the inverse
22.8order in which they were employed by the school district;
22.9(5) teachers with a "distinguished" rating under section 122A.411 in the inverse
22.10order in which they were employed by the school district; and
22.11(6) teachers with an "exemplary" rating under section 122A.411 in the inverse order
22.12in which they were employed by the school district.
22.13The superintendent may exempt from the effects of this subdivision those teachers
22.14who, in the superintendent's judgment, are able to provide instruction that similarly
22.15licensed teachers cannot provide or whose subject area license meets unmet district needs
22.16for student instruction.
22.17EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
22.18later.

22.19    Sec. 12. [122A.418] TEACHER EFFECTIVENESS-BASED BONUSES.
22.20(a) A teacher with a "distinguished" rating under section 122A.411 shall receive
22.21an annual bonus equal to ten percent of the teacher's base salary as long as the teacher
22.22maintains a "distinguished" rating.
22.23(b) A teacher with an "exemplary" rating under section 122A.411 shall receive
22.24an annual bonus equal to 20 percent of the teacher's base salary as long as the teacher
22.25maintains an "exemplary" rating.
22.26EFFECTIVE DATE.This section is effective July 1, 2019.

22.27    Sec. 13. Minnesota Statutes 2010, section 123B.09, subdivision 8, is amended to read:
22.28    Subd. 8. Duties. The board must superintend and manage the schools of the
22.29district; adopt rules for their organization, government, and instruction; keep registers; and
22.30prescribe textbooks and courses of study. The board may enter into an agreement with a
22.31postsecondary institution for secondary or postsecondary nonsectarian courses to be taught
22.32at a secondary school, nonsectarian postsecondary institution, or another location.

23.1    Sec. 14. Minnesota Statutes 2010, section 123B.143, subdivision 1, is amended to read:
23.2    Subdivision 1. Contract; duties. All districts maintaining a classified secondary
23.3school must employ a superintendent who shall be an ex officio nonvoting member of the
23.4school board. The authority for selection and employment of a superintendent must be
23.5vested in the board in all cases. An individual employed by a board as a superintendent
23.6shall have an initial employment contract for a period of time no longer than three years
23.7from the date of employment. Any subsequent employment contract must not exceed a
23.8period of three years. A board, at its discretion, may or may not renew an employment
23.9contract. A board must not, by action or inaction, extend the duration of an existing
23.10employment contract. Beginning 365 days prior to the expiration date of an existing
23.11employment contract, a board may negotiate and enter into a subsequent employment
23.12contract to take effect upon the expiration of the existing contract. A subsequent contract
23.13must be contingent upon the employee completing the terms of an existing contract. If a
23.14contract between a board and a superintendent is terminated prior to the date specified in
23.15the contract, the board may not enter into another superintendent contract with that same
23.16individual that has a term that extends beyond the date specified in the terminated contract.
23.17A board may terminate a superintendent during the term of an employment contract for any
23.18of the grounds specified in section 122A.40, subdivision 9 or 13. A superintendent shall
23.19not rely upon an employment contract with a board to assert any other continuing contract
23.20rights in the position of superintendent under section 122A.40. Notwithstanding the
23.21provisions of sections 122A.40, subdivision 10 or 11, 123A.32, 123A.75, or any other law
23.22to the contrary, no individual shall have a right to employment as a superintendent based
23.23on order of employment in any district. If two or more districts enter into an agreement for
23.24the purchase or sharing of the services of a superintendent, the contracting districts have
23.25the absolute right to select one of the individuals employed to serve as superintendent
23.26in one of the contracting districts and no individual has a right to employment as the
23.27superintendent to provide all or part of the services based on order of employment in a
23.28contracting district. The superintendent of a district shall perform the following:
23.29    (1) visit and supervise the schools in the district, report and make recommendations
23.30about their condition when advisable or on request by the board;
23.31    (2) recommend to the board employment and dismissal of teachers;
23.32    (3) annually evaluate each school principal assigned responsibility for supervising
23.33a school building within the district, consistent with section 123B.147, subdivision 3,
23.34paragraph (b);
23.35(4) superintend school grading practices and examinations for promotions;
23.36    (4) (5) make reports required by the commissioner; and
24.1    (5) (6) perform other duties prescribed by the board.
24.2EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
24.3later.

24.4    Sec. 15. Minnesota Statutes 2010, section 123B.147, subdivision 3, is amended to read:
24.5    Subd. 3. Duties; evaluation. (a) The principal shall provide administrative,
24.6supervisory, and instructional leadership services, under the supervision of the
24.7superintendent of schools of the district and in accordance with according to the policies,
24.8rules, and regulations of the school board of education, for the planning, management,
24.9operation, and evaluation of the education program of the building or buildings to which
24.10the principal is assigned.
24.11(b) To enhance a principal's leadership skills, support and improve teaching
24.12practices, school performance, and student achievement, and attract and retain highly
24.13effective teachers, a district must develop and implement a performance-based system for
24.14annually evaluating school principals assigned to supervise a school building within the
24.15district. The evaluation must be designed to improve teaching and learning by supporting
24.16the principal in shaping the school's professional environment and developing teacher
24.17quality, performance, and effectiveness. The annual evaluation must:
24.18(1) support and improve a principal's instructional leadership, organizational
24.19management, and professional development, and strengthen the principal's capacity in the
24.20areas of instruction, supervision, evaluation, and teacher development;
24.21(2) include formative and summative evaluations;
24.22(3) be consistent with a principal's job description, a district's long-term plans and
24.23goals, and the principal's own professional multiyear growth plans and goals, all of which
24.24must support the principal's leadership behaviors and practices, rigorous curriculum,
24.25school performance, and high-quality instruction;
24.26(4) include on-the-job observations and previous evaluations;
24.27(5) allow surveys to help identify a principal's effectiveness, leadership skills and
24.28processes, and strengths and weaknesses in exercising leadership in pursuit of school
24.29success;
24.30(6) use longitudinal data on student academic growth as an evaluation component
24.31and incorporate district achievement goals and targets; and
24.32(7) be linked to professional development that emphasizes improved teaching and
24.33learning, curriculum and instruction, student learning, and a collaborative professional
24.34culture.
25.1The provisions of this paragraph are intended to provide districts with sufficient
25.2flexibility to accommodate district needs and goals related to developing, supporting,
25.3and evaluating principals.
25.4EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
25.5later.

25.6    Sec. 16. Minnesota Statutes 2010, section 124D.10, subdivision 11, is amended to read:
25.7    Subd. 11. Employment and other operating matters. (a) A charter school must
25.8employ or contract with necessary teachers, as defined by section 122A.15, subdivision
25.91 , who hold valid licenses to perform the particular service for which they are employed
25.10in the school. The charter school's state aid may be reduced under section 127A.43
25.11if the school employs a teacher who is not appropriately licensed or approved by the
25.12board of teaching. The school may employ necessary employees who are not required to
25.13hold teaching licenses to perform duties other than teaching and may contract for other
25.14services. The school may discharge teachers and nonlicensed employees. The school must
25.15create and implement a teacher evaluation structure under section 122A.411 to use in
25.16developing and improving teacher performance and student learning. Teacher evaluations
25.17undertaken under this paragraph do not create additional due process rights for teachers
25.18employed or otherwise working at the school. The charter school board is subject to
25.19section 181.932. When offering employment to a prospective employee, a charter school
25.20must give that employee a written description of the terms and conditions of employment
25.21and the school's personnel policies.
25.22(b) A person, without holding a valid administrator's license, may perform
25.23administrative, supervisory, or instructional leadership duties. The board of directors shall
25.24establish qualifications for persons that hold administrative, supervisory, or instructional
25.25leadership roles. The qualifications shall include at least the following areas: instruction
25.26and assessment; human resource and personnel management; financial management;
25.27legal and compliance management; effective communication; and board, authorizer, and
25.28community relationships. The board of directors shall use those qualifications as the basis
25.29for job descriptions, hiring, and performance evaluations of those who hold administrative,
25.30supervisory, or instructional leadership roles. The board of directors and an individual
25.31who does not hold a valid administrative license and who serves in an administrative,
25.32supervisory, or instructional leadership position shall develop a professional development
25.33plan. Documentation of the implementation of the professional development plan of these
25.34persons shall be included in the school's annual report.
26.1(c) The board of directors also shall decide matters related to the operation of the
26.2school, including budgeting, curriculum and operating procedures.

26.3    Sec. 17. ADVISORY TASK FORCE ON IMPLEMENTING TEACHER
26.4EVALUATION STRUCTURE.
26.5Consistent with Minnesota Statutes, section 122A.411, and related sections, the
26.6commissioner of education shall convene a nine-member advisory task force to make
26.7recommendations related to implementing the state's teacher evaluation structure. Task
26.8force members shall include: one representative each from the Minnesota Chamber of
26.9Commerce, the Minnesota Business Partnership, the Minnesota Assessment Group, the
26.10Minnesota Association of School Administrators, and the Minnesota Elementary and
26.11Secondary School Principals Association, appointed by the respective organizations;
26.12two representatives from Education Minnesota, one of whom must be a currently
26.13licensed classroom teacher teaching in a first class city school district, appointed by
26.14Education Minnesota; and two parents of students currently enrolled in Minnesota public
26.15schools, one of whom must be a parent of color, appointed by the Minnesota Parent
26.16Teacher Organization. The commissioner or the commissioner's designee shall serve as a
26.17nonvoting member of the task force and shall provide technical assistance to the task force
26.18upon request. The terms, compensation, and removal of advisory task force members
26.19shall be as provided in Minnesota Statutes, section 15.059, except that the task force
26.20shall continue until it is specifically terminated by the legislature. The commissioner of
26.21education may reimburse task force members from the Department of Education's current
26.22operating budget but may not compensate task force members for task force activities.
26.23The task force must periodically review the statutory sections that compose this act and
26.24recommend to the commissioner any changes needed to fully and effectively implement
26.25the teacher evaluation structure, including any statutory changes needed to accomplish the
26.26recommendations. The advisory task force must not recommend changing that part of
26.27the teacher appraisal framework under Minnesota Statutes, section122A.411, that bases
26.2850 percent of a teacher's total appraisal on statewide assessment results under section
26.29120B.35. The commissioner must report the task force recommendations to the education
26.30policy and finance committees of the legislature at the start of the next legislative session
26.31after receiving those recommendations.
26.32EFFECTIVE DATE.This section is effective the day following final enactment.

26.33    Sec. 18. IMPLEMENTING A PERFORMANCE-BASED EVALUATION
26.34SYSTEM FOR PRINCIPALS.
27.1(a) To implement the requirements of Minnesota Statutes, sections 123B.143,
27.2subdivision 1, clause (3), and 123B.147, subdivision 3, paragraph (b), the commissioner of
27.3education, the Minnesota Association of Secondary School Principals, and the Minnesota
27.4Association of Elementary School Principals must convene a group of recognized and
27.5qualified experts and interested stakeholders, including principals, superintendents,
27.6teachers, school board members, and parents, among other stakeholders, to develop a
27.7performance-based system model for annually evaluating school principals. In developing
27.8the system model, the group must at least consider how principals develop and maintain:
27.9(1) high standards for student performance;
27.10(2) rigorous curriculum;
27.11(3) quality instruction;
27.12(4) a culture of learning and professional behavior;
27.13(5) connections to external communities;
27.14(6) systemic performance accountability; and
27.15(7) leadership behaviors that create effective schools and improve school
27.16performance, including how to plan for, implement, support, advocate for, communicate
27.17about, and monitor continuous and improved learning.
27.18The group also may consider whether to establish a multitiered evaluation system
27.19that supports newly licensed principals in becoming highly skilled school leaders and
27.20provides opportunities for advanced learning for more experienced school leaders.
27.21(b) The commissioner, the Minnesota Association of Secondary School Principals,
27.22and the Minnesota Association of Elementary School Principals must submit a
27.23written report and all the group's working papers to the education committees of the
27.24legislature by February 1, 2012, discussing the group's responses to paragraph (a) and its
27.25recommendations for a performance-based system model for annually evaluating school
27.26principals. The group convened under this section expires June 1, 2012.
27.27EFFECTIVE DATE.This section is effective the day following final enactment
27.28and applies to principal evaluations beginning in the 2013-2014 school year and later."
27.29Amend the title accordingly