1.1.................... moves to amend H.F. No. 2775 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2013 Supplement, section 122A.40, subdivision 8,
1.4is amended to read:
1.5    Subd. 8. Development, evaluation, and peer coaching for continuing contract
1.6teachers. (a) To improve student learning and success, a school board and an exclusive
1.7representative of the teachers in the district, consistent with paragraph (b), may develop
1.8a teacher evaluation and peer review process for probationary and continuing contract
1.9teachers through joint agreement. If a school board and the exclusive representative of the
1.10teachers do not agree to an annual teacher evaluation and peer review process, then the
1.11school board and the exclusive representative of the teachers must implement the state
1.12teacher evaluation plan for evaluation and review under paragraph (c). The process must
1.13include having trained observers serve as peer coaches or having teachers participate in
1.14professional learning communities, consistent with paragraph (b).
1.15(b) To develop, improve, and support qualified teachers and effective teaching
1.16practices and improve student learning and success, the annual evaluation process for
1.17teachers:
1.18(1) must, for probationary teachers, provide for all evaluations required under
1.19subdivision 5;
1.20(2) must establish a three-year professional review cycle for each teacher that
1.21includes an individual growth and development plan, a peer review process, the
1.22opportunity to participate in a professional learning community under paragraph (a), and
1.23at least one summative evaluation performed by a qualified and trained evaluator such as a
1.24school administrator. For the years when a tenured teacher is not evaluated by a qualified
1.25and trained evaluator, the teacher must be evaluated by a peer review;
1.26(3) must be based on professional teaching standards established in rule;
2.1(4) must coordinate staff development activities under sections 122A.60 and
2.2122A.61 with this evaluation process and teachers' evaluation outcomes;
2.3(5) may provide time during the school day and school year for peer coaching and
2.4teacher collaboration;
2.5(6) may include job-embedded learning opportunities such as professional learning
2.6communities;
2.7(7) may include mentoring and induction programs;
2.8(7) (8) must include an option for teachers to develop and present a portfolio
2.9demonstrating evidence of reflection and professional growth, consistent with section
2.10122A.18, subdivision 4 , paragraph (b), and include teachers' own performance assessment
2.11based on student work samples and examples of teachers' work, which may include video
2.12among other activities for the summative evaluation;
2.13(8) (9) must use data from valid and reliable assessments aligned to state and local
2.14academic standards and must use state and local measures of student growth that may
2.15include value-added models or student learning goals to determine 35 percent of teacher
2.16evaluation results;
2.17(9) (10) must use longitudinal data on student engagement and connection, and
2.18other student outcome measures explicitly aligned with the elements of curriculum for
2.19which teachers are responsible;
2.20(10) (11) must require qualified and trained evaluators such as school administrators
2.21to perform summative evaluations and ensure school districts and charter schools provide
2.22for effective evaluator training specific to teacher development and evaluation;
2.23(11) (12) must give teachers not meeting professional teaching standards under
2.24clauses (3) through (10) (11) support to improve through a teacher improvement process
2.25that includes established goals and timelines; and
2.26(12) (13) must discipline a teacher for not making adequate progress in the teacher
2.27improvement process under clause (11) (12) that may include a last chance warning,
2.28termination, discharge, nonrenewal, transfer to a different position, a leave of absence, or
2.29other discipline a school administrator determines is appropriate.
2.30Data on individual teachers generated under this subdivision are personnel data
2.31under section 13.43. The observation and interview notes of peer coaches may only be
2.32disclosed to other school officials with the consent of the teacher being coached.
2.33(c) The department, in consultation with parents who may represent parent
2.34organizations and teacher and administrator representatives appointed by their respective
2.35organizations, representing the Board of Teaching, the Minnesota Association of School
2.36Administrators, the Minnesota School Boards Association, the Minnesota Elementary
3.1and Secondary Principals Associations, Education Minnesota, and representatives of
3.2the Minnesota Assessment Group, the Minnesota Business Partnership, the Minnesota
3.3Chamber of Commerce, and Minnesota postsecondary institutions with research expertise
3.4in teacher evaluation, must create and publish a teacher evaluation process that complies
3.5with the requirements in paragraph (b) and applies to all teachers under this section and
3.6section 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.
3.10(d) Teacher development and evaluation revenue for a school district or charter
3.11school that does not have an alternative professional pay system agreement under section
3.12122A.414, subdivision 2, equals $169 times the number of pupils enrolled at the district
3.13or charter school on October 1 of the previous school year. For an intermediate school
3.14district, special education cooperative, secondary vocational cooperative, or other
3.15cooperative unit under section 123A.24, subdivision 2, the teacher development and
3.16evaluation revenue for the current school year equals the statewide average amount of
3.17teacher development and evaluation revenue per licensed teacher times the number of
3.18licensed teachers employed by the cooperative unit. A school district, charter school,
3.19and cooperative unit must reserve and expend this teacher development and evaluation
3.20revenue consistent with this subdivision.
3.21EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015
3.22and later.

3.23    Sec. 2. Minnesota Statutes 2013 Supplement, section 122A.41, subdivision 5, is
3.24amended to read:
3.25    Subd. 5. Development, evaluation, and peer coaching for continuing contract
3.26teachers. (a) To improve student learning and success, a school board and an exclusive
3.27representative of the teachers in the district, consistent with paragraph (b), may develop an
3.28annual teacher evaluation and peer review process for probationary and nonprobationary
3.29teachers through joint agreement. If a school board and the exclusive representative of the
3.30teachers in the district do not agree to an annual teacher evaluation and peer review process,
3.31then the school board and the exclusive representative of the teachers must implement
3.32the state teacher evaluation plan for evaluation and review developed under paragraph
3.33(c). The process must include having trained observers serve as peer coaches or having
3.34teachers participate in professional learning communities, consistent with paragraph (b).
4.1(b) To develop, improve, and support qualified teachers and effective teaching
4.2practices and improve student learning and success, the annual evaluation process for
4.3teachers:
4.4(1) must, for probationary teachers, provide for all evaluations required under
4.5subdivision 2;
4.6(2) must establish a three-year professional review cycle for each teacher that
4.7includes an individual growth and development plan, a peer review process, the
4.8opportunity to participate in a professional learning community under paragraph (a), and
4.9at least one summative evaluation performed by a qualified and trained evaluator such
4.10as a school administrator;
4.11(3) must be based on professional teaching standards established in rule;
4.12(4) must coordinate staff development activities under sections 122A.60 and
4.13122A.61 with this evaluation process and teachers' evaluation outcomes;
4.14(5) may provide time during the school day and school year for peer coaching and
4.15teacher collaboration;
4.16(6) may include job-embedded learning opportunities such as professional learning
4.17communities;
4.18(7) may include mentoring and induction programs;
4.19(7) (8) must include an option for teachers to develop and present a portfolio
4.20demonstrating evidence of reflection and professional growth, consistent with section
4.21122A.18, subdivision 4 , paragraph (b), and include teachers' own performance assessment
4.22based on student work samples and examples of teachers' work, which may include video
4.23among other activities for the summative evaluation;
4.24(8) (9) must use data from valid and reliable assessments aligned to state and local
4.25academic standards and must use state and local measures of student growth that may
4.26include value-added models or student learning goals to determine 35 percent of teacher
4.27evaluation results;
4.28(9) (10) must use longitudinal data on student engagement and connection and
4.29other student outcome measures explicitly aligned with the elements of curriculum for
4.30which teachers are responsible;
4.31(10) (11) must require qualified and trained evaluators such as school administrators
4.32to perform summative evaluations and ensure school districts and charter schools provide
4.33for effective evaluator training specific to teacher development and evaluation;
4.34(11) (12) must give teachers not meeting professional teaching standards under
4.35clauses (3) through (10) (11) support to improve through a teacher improvement process
4.36that includes established goals and timelines; and
5.1(12) (13) must discipline a teacher for not making adequate progress in the teacher
5.2improvement process under clause (11) (12) that may include a last chance warning,
5.3termination, discharge, nonrenewal, transfer to a different position, a leave of absence, or
5.4other discipline a school administrator determines is appropriate.
5.5Data on individual teachers generated under this subdivision are personnel data
5.6under section 13.43. The observation and interview notes of peer coaches may only be
5.7disclosed to other school officials with the consent of the teacher being coached.
5.8(c) The department, in consultation with parents who may represent parent
5.9organizations and teacher and administrator representatives appointed by their respective
5.10organizations, representing the Board of Teaching, the Minnesota Association of School
5.11Administrators, the Minnesota School Boards Association, the Minnesota Elementary
5.12and Secondary Principals Associations, Education Minnesota, and representatives of
5.13the Minnesota Assessment Group, the Minnesota Business Partnership, the Minnesota
5.14Chamber of Commerce, and Minnesota postsecondary institutions with research expertise
5.15in teacher evaluation, must create and publish a teacher evaluation process that complies
5.16with the requirements in paragraph (b) and applies to all teachers under this section and
5.17section 122A.40 for whom no agreement exists under paragraph (a) for an annual teacher
5.18evaluation and peer review process. The teacher evaluation process created under this
5.19subdivision does not create additional due process rights for probationary teachers under
5.20subdivision 2.
5.21(d) Teacher development and evaluation revenue for a school district or charter
5.22school that does not have an alternative professional pay system agreement under section
5.23122A.414, subdivision 2, equals $169 times the number of pupils enrolled at the district
5.24or charter school on October 1 of the previous school year. For an intermediate school
5.25district, special education cooperative, secondary vocational cooperative, or other
5.26cooperative unit under section 123A.24, subdivision 2, the teacher development and
5.27evaluation revenue for the current school year equals the statewide average amount of
5.28teacher development and evaluation revenue per licensed teacher times the number of
5.29licensed teachers employed by the cooperative unit. A school district, charter school,
5.30and cooperative unit must reserve and expend this teacher development and evaluation
5.31revenue consistent with this subdivision.
5.32EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015
5.33and later.

5.34    Sec. 3. Minnesota Statutes 2012, section 122A.414, subdivision 2, is amended to read:
6.1    Subd. 2. Alternative teacher professional pay system. (a) To participate in this
6.2program, a school district, intermediate school district, school site, or charter school must
6.3have an educational improvement plan under section 122A.413 and an alternative teacher
6.4professional pay system agreement under paragraph (b). A charter school participant also
6.5must comply with subdivision 2a.
6.6(b) The alternative teacher professional pay system agreement must:
6.7(1) describe how teachers can achieve career advancement and additional
6.8compensation;
6.9(2) describe how the school district, intermediate school district, school site, or
6.10charter school will provide teachers with career advancement options that allow teachers
6.11to retain primary roles in student instruction and facilitate site-focused professional
6.12development that helps other teachers improve their skills;
6.13(3) reform the "steps and lanes" salary schedule, prevent any teacher's compensation
6.14paid before implementing the pay system from being reduced as a result of participating
6.15in this system, and base at least 60 percent of any compensation increase on teacher
6.16performance using:
6.17(i) schoolwide student achievement gains under section 120B.35 or locally selected
6.18standardized assessment outcomes, or both;
6.19(ii) measures of student achievement growth that may include value-added models
6.20or student learning goals, consistent with section 122A.40, subdivision 8, clause (9), or
6.21122A.41, subdivision 5, clause (9); and
6.22(iii) an objective evaluation program that includes: under section 122A.40,
6.23subdivision 8, paragraph (b), clause (2), or 122A.41, subdivision 5, paragraph (b), clause (2)
6.24(A) individual teacher evaluations aligned with the educational improvement plan
6.25under section 122A.413 and the staff development plan under section 122A.60; and
6.26(B) objective evaluations using multiple criteria conducted by a locally selected and
6.27periodically trained evaluation team that understands teaching and learning
6.28;
6.29(4) provide integrated ongoing site-based professional development activities for
6.30participation in job-embedded learning opportunities such as professional learning
6.31communities to improve instructional skills and learning that are aligned with student needs
6.32under section 122A.413, consistent with the staff development plan under section 122A.60
6.33and led during the school day by trained teacher leaders such as master or mentor teachers;
6.34(5) allow any teacher in a participating school district, intermediate school district,
6.35school site, or charter school that implements an alternative pay system to participate in
6.36that system without any quota or other limit; and
7.1(6) encourage collaboration rather than competition among teachers.
7.2EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015 and
7.3later. Paragraph (b), clause (3), is effective for agreements under this section approved
7.4after August 1, 2015.

7.5    Sec. 4. Minnesota Statutes 2013 Supplement, section 124D.10, subdivision 8, is
7.6amended to read:
7.7    Subd. 8. Federal, state, and local requirements. (a) A charter school shall meet all
7.8federal, state, and local health and safety requirements applicable to school districts.
7.9    (b) A school must comply with statewide accountability requirements governing
7.10standards and assessments in chapter 120B.
7.11    (c) A school authorized by a school board may be located in any district, unless the
7.12school board of the district of the proposed location disapproves by written resolution.
7.13    (d) A charter school must be nonsectarian in its programs, admission policies,
7.14employment practices, and all other operations. An authorizer may not authorize a charter
7.15school or program that is affiliated with a nonpublic sectarian school or a religious
7.16institution. A charter school student must be released for religious instruction, consistent
7.17with section 120A.22, subdivision 12, clause (3).
7.18    (e) Charter schools must not be used as a method of providing education or
7.19generating revenue for students who are being home-schooled. This paragraph does not
7.20apply to shared time aid under section 126C.19.
7.21    (f) The primary focus of a charter school must be to provide a comprehensive
7.22program of instruction for at least one grade or age group from five through 18 years
7.23of age. Instruction may be provided to people younger than five years and older than
7.2418 years of age.
7.25    (g) A charter school may not charge tuition.
7.26    (h) A charter school is subject to and must comply with chapter 363A and section
7.27121A.04 .
7.28    (i) A charter school is subject to and must comply with the Pupil Fair Dismissal
7.29Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections
7.30123B.34 to 123B.39.
7.31    (j) A charter school is subject to the same financial audits, audit procedures, and
7.32audit requirements as a district, except as required under subdivision 6a. Audits must be
7.33conducted in compliance with generally accepted governmental auditing standards, the
7.34federal Single Audit Act, if applicable, and section 6.65. A charter school is subject
7.35to and must comply with sections 15.054; 118A.01; 118A.02; 118A.03; 118A.04;
8.1118A.05 ; 118A.06; 471.38; 471.391; 471.392; and 471.425. The audit must comply with
8.2the requirements of sections 123B.75 to 123B.83, except to the extent deviations are
8.3necessary because of the program at the school. Deviations must be approved by the
8.4commissioner and authorizer. The Department of Education, state auditor, legislative
8.5auditor, or authorizer may conduct financial, program, or compliance audits. A charter
8.6school determined to be in statutory operating debt under sections 123B.81 to 123B.83
8.7must submit a plan under section 123B.81, subdivision 4.
8.8    (k) A charter school is a district for the purposes of tort liability under chapter 466.
8.9    (l) A charter school must comply with chapters 13 and 13D; and sections 120A.22,
8.10subdivision 7 ; 121A.75; and 260B.171, subdivisions 3 and 5.
8.11    (m) A charter school is subject to the Pledge of Allegiance requirement under
8.12section 121A.11, subdivision 3.
8.13    (n) A charter school offering online courses or programs must comply with section
8.14124D.095 .
8.15    (o) A charter school and charter school board of directors are subject to chapter 181.
8.16    (p) A charter school must comply with section 120A.22, subdivision 7, governing
8.17the transfer of students' educational records and sections 138.163 and 138.17 governing
8.18the management of local records.
8.19    (q) A charter school that provides early childhood health and developmental
8.20screening must comply with sections 121A.16 to 121A.19.
8.21    (r) A charter school that provides school-sponsored youth athletic activities must
8.22comply with section 121A.38.
8.23    (s) A charter school is subject to and must comply with continuing truant notification
8.24under section 260A.03.
8.25(t) A charter school must develop and implement a teacher evaluation and peer review
8.26process under section 122A.40, subdivision 8, paragraph (b), clauses (2) to (12) (13), and
8.27is eligible to receive teacher development and evaluation revenue under section 122A.40,
8.28subdivision 8, paragraph (d), or 122A.41, subdivision 5, paragraph (d), for this purpose.
8.29(u) A charter school must adopt a policy, plan, budget, and process, consistent with
8.30section 120B.11, to review curriculum, instruction, and student achievement and strive
8.31for the world's best workforce.
8.32EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015
8.33and later."